Original scientific paper
Protection of Legal Certainty of the Parties in the Administrative Procedure - the Institute of Finality and Legitimate Expectations
Marko Šikić
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
The author in the article describes and anlyses the instiutes in Croatian general administrative procedure which seek to ensure the idea of protection of legal certainty of the parties. Namely, the General Administrative Procedure Act from 2009 elaborates and improves the idea of legal certainity of the parties in a way that some new institutes are regulated. But, unfortunately, the idea is also partialy damaged and demoted with unnecessary ejection from the text of the principle of finality. To be able to prove this hypothesis, the article first describes the institute of finality which is known in Croatian administrative procedure for more than 80 years. In this part of the article the concept of finality is highlited and the sense in which finality supported the principle of legal effectiveness is explained. The following sections analyze the institutes of guaranteed conferral of rights and informing the parties of the terms of realization and protection of the rights which, the author belives, deal with the principle of protection of legitimate expectations. In conclusion, it is stated that it is of great importance to include in the text of the General Administrative Procedure Act the principle of protection of legitimate expecations and to continue to elaborate the institutes which support the idea of legal certainity.
Keywords
Administrative procedure; the institute of finality; legitimate expectations
Hrčak ID:
130785
URI
Publication date:
7.4.2014.
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