Review article
Composition of Courts in Administrative Disputes – with particular reference to individual judges’ decisions
Marko Šikić
; Pravni fakultet Sveučilišta u Zagrebu
Frane Staničić
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
The authors of this paper analyse administrative adjudication process brought in by Amendments to the Administrative Dispute Act of 2012. Namely, when the new Administrative Dispute act was brought in and enacted at the beginning of 2012, meant that for the first time in Croatia that administrative dispute, which was regulated in the law by cases, could be resolved by an individual judge. Reforms from the end of 2012 allowed a system in which administrative disputes before first instance administrative courts could be resolved by an individual judge. The authors of this paper firstly show the tradition of regulating the composition of the court in administrative dispute in Croatia in the 19th century.
This paper then provides an extensive comparative research into the composition oft he court in European countries which organised specialised administrative courts. They also pointed out the system of regulating the composition of the court in administrative dispute which enabled disputes to be resolved by an practically unknown individual judge. The authors of this paper demonstrate that this was an unnecessary and potentially dangerous reform with negative consequences in the administrative adjudication process concerning the extent and quality of dispute litigants' rights.
Keywords
Administrative Dispute Act; reform; court composition; council; individual judge
Hrčak ID:
119822
URI
Publication date:
4.4.2014.
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