Professional paper
THE EFFECT OF THE SECOND AMENDMENT OF THE ADMINISTRATIVE DISPUTE ACT TO THE ADMINISTRATIVE DISPUTE IN REPUBLIC OF CROATIA
Ante Galić
; Visoki upravni sud Republike Hrvatske
Abstract
The paper analyzes a possible impact of the provisions of the second amendment
to the Administrative Disputes Act, whose purpose has primarily been the removal of
restrictions of legal provisions which stipulate the possibility of making an appeal.
In addition, some improvements have been introduced with the second amendment
to the Administrative Disputes Act regarding the procedure, specification of the
local jurisdiction, termination of the procedure, exemptions, managing judicial
proceedings, decision-making in administrative disputes and the enforcement and
evaluation procedure of the legality of general acts. These changes and amendments
to the Administrative Disputes Act should have a powerful effect on administrative
disputes in Croatia as they should enable a more effective monitoring of legality
control of first instance administrative courts by the higher court instance, i.e. the
High Administrative Court of the Republic of Croatia.
New criteria for filing an appeal against the decisions of first instance courts in
an administrative dispute, defined by the second amendment to the Administrative
Disputes Act, should serve as a mechanism to enable a higher level of protection of
the parties’ rights in an administrative dispute, a better framework for harmonization
of court practice in the administrative adjudication and therefore a more efficient
administrative dispute.
Keywords
second amendment to the law; right to appeal; filtering appeals; criteria for an appeal; reformation decision; harmonization of court practice; effective appeal process; efficient administrative dispute
Hrčak ID:
141265
URI
Publication date:
13.4.2015.
Visits: 2.724 *