Original scientific paper
Legislative delegation and law reservation
Sanja Barić
orcid.org/0000-0001-6496-9062
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Abstract
The practice of wide delegation of legislative competence began to develop in the Republic of Croatia parallel with the enforcement of the Constitution of 1990. The process culminated in 1993, when the “Valentić” government demanded from the Croatian Parliament to delegate its competences in tax legislation and state budgeting to the Government. One of the constitutionally prescribed limitations of legislative delegation is the prohibition of competence transfer in cases of regulation of law reservations. Their purpose is to preserve the principle of democracy. However, the content of law reservations
in Croatia is rather unclear. Furthermore, some recent decisions of the Constitutional Court of the Republic of Croatia on the content of organic laws opened some serious issues regarding future implementation of legislative delegation. By considering the concept and legal nature of legislative delegation and law reservations in general, and their characteristics in comparative practices, the author has shown the importance of change in understanding this institute as well as the change of behaviour of the highest state bodies.
Keywords
legislative delegation; law reservation; organic laws; the principle of democracy; parliamentarism
Hrčak ID:
135894
URI
Publication date:
30.3.2006.
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