Zagreb Law Review, Vol. 3 No. 1, 2014.
Preliminary communication
Novelties in the Administrative Court Protection System against Individual Acts of the Croatian Post and Electronic Communications Agency (HAKOM)
Marko Turudić
; University of Zagreb, Faculty of Law
Abstract
In Croatia there is no consistently implemented two-instance administrative court protection in the area of electronic communications. This paper therefore analyses the novelties in the administrative court protection system against individual acts of HAKOM (the Croatian Post and Electronic Communications Agency), introduced through the amendments to the Electronic Communications Act of June 2013. We consider these amendments, which selectively introduce two-instance administrative court protection, as incomplete, and propose amendments to ensure higher quality legal protection for the parties in a dispute, and to enhance legal certainty. We present the regulation of administrative court protection against individual acts of other regulatory agencies in the Republic of Croatia, as well as the regulation of this mechanism in a large number of EU Member States. With the help of these experiences, we investigate the appropriateness of selective two-instance administrative court protection against individual acts of HAKOM, and present amendments that would, in our mind, be welcome for this mechanism in the Republic of Croatia.
Keywords
administrative dispute; Act on Amendments to the Electronic Communications Act; regulatory agencies
Hrčak ID:
129515
URI
Publication date:
16.4.2014.
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