Original scientific paper
https://doi.org/10.30925/zpfsr.38.1.4
LEGAL DRAFTING IN CROATIA - CASE STUDY
Dario Đerđa
orcid.org/0000-0002-1095-1155
; Faculty of Law University of Rijeka, Rijeka, Croatia
Teodor Antić
; Constitutional Court of the Republic of Croatia, Zagreb, Croatia
Abstract
This paper highlights the importance of legal drafting and its essential
elements, which has not drawn a lot of attention in the Republic of Croatia so far.
The paper emphasises the importance of proportionality in the simplicity and legal
distinctness of a legal text in the process of drafting for the purpose of its clarity.
The paper also presents objective requirements necessary for quality legal drafting,
as well as subjective qualities of the drafters. With the purpose of drawing attention
to imperfections in the legal drafting in Croatia, some defi ciencies are presented in
the process of drafting and amending of the Utility Services Act. The process of
drafting and amending of this Act is a good example of the way how legal drafting
should not be done. It contains a lot of defi ciencies and failures that are the result of
legal drafting mistakes. At the end, authors expect that the adoption of the Uniform
methodology and nomotechnical rules for the drafting of acts enacted by Parliament
should contribute to the higher quality of legal texts and to their full adjustment to the
general requirements of legal certainty and rule of law.
Keywords
legal drafting; nomotechnics; utility services
Hrčak ID:
178124
URI
Publication date:
10.3.2017.
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