Review article
https://doi.org/10.31297/hkju.16.2.3
Constitutionality and Legality Control over Independent Regulatory Bodies
Josip Vučković
orcid.org/0000-0003-0950-0055
; Zagreb
Abstract
One of the fundamental tasks of the Constitutional state is to protect the rights of its citizens, which is largely achieved through effective mechanisms of control of constitutionality and legality of administrative bodies and legal entities with public authorities. First part of this paper seeks to determine the fundamental function of independent agencies in Croatian constitutional order, at least in
material sense, and to examine the concrete obligations in terms of functional independence of these administrative organizations arising from the acquis communautaire. The central part deals with efficiency issues of the control mechanisms for constitutionality and legality of operations of functionally and politically independent agencies in the Republic of Croatia. The final part of the paper analyses the comparative examples of the same mechanisms in a number
of continental European countries with similar legal and administrative traditions. Particular emphasis was placed on the mechanisms of abstract and concrete control of constitutionality and legality of implementing regulations and the supervision of the constitutionality and legality of individual acts adopted by the independent administrative bodies, and applied mechanisms of administrative
and hierarchical control. The conclusion seeks to give some feasible suggestions for strengthening of the control mechanisms in the Republic of Croatia.
Keywords
independent regulators; control of constitutionality and legality; constitutional complaint; administrative control
Hrčak ID:
163867
URI
Publication date:
17.6.2016.
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