Review article
Administrative Contracts in the Croatian Legal System
Mateja Crnković
; Faculty of Law, University of Zagreb
Abstract
The author analyses administrative contracts in special legislation of the Republic of Croatia, their legislative share, manner of regulation, and legal protection. Basic characteristics of administrative contracts in the French and German laws are briefly outlined. Administrative contracts have become a topical issue among members of the scientific and professional public, particularly since their codification in the 2009 Law on General Administrative Procedure. The analysis has divided administrative contracts into three categories: a) administrative contracts explicitly prescribed by special legislation, b) concession contracts as administrative contracts prescribed by special legislation, and c) contracts with certain characteristics of administrative contracts. Despite the fact that the enactment of administrative contracts has been received positively by the
scientific and professional public, there are certain deficiencies. For example, there is no definition of the administrative contract, special laws are not harmonised with the LGAP, while stipulated legal protection varies from one special law to another. Following the analysis, the author suggests certain improvements to the legislation concerning administrative contracts.
Keywords
administrative contracts; special legislation; Law on General Administrative Procedure; Law on Concessions, public procurement contract; publicprivate partnership contract
Hrčak ID:
134716
URI
Publication date:
3.12.2014.
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