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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 38 No. 1, 2017.

Review article

https://doi.org/10.30925/zpfsr.38.1.12

RELATION BETWEEN ORDINARY AND CONSTITUTIONAL JUDICIAL PROCEDURES IN CONSTITUTIONAL COMPLAINTS

Aldo Radolović ; Faculty of Law University of Rijeka, Rijeka, Croatia

Full text: croatian pdf 278 Kb

page 357-373

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Abstract

This paper deals with relation between ordinary and constitutional judicial
procedures in constitutional complaint. Constitutional protection against individual
decisions of competent state authorities (mostly against decisions of ordinary courts)
has supplementary nature. Citizens and legal entities may initiate procedure before the
Constitutional Court only after exhaustion of ordinary legal remedies. Constitutional
procedure is new judicial procedure, but it must take into account previous ordinary
judicial procedures. It is new procedure because the Constitutional Court has the right
to implement its specifi c procedural rules. On the other hand, this procedure is old
one. From previous ordinary judicial procedure originates the constitutional dispute
and its proper settlement is not possible without conversance of this previous judicial
procedure.

Keywords

Constitutional Court; constitutional procedure; constitutional complaint; ordinary courts; ordinary judicial procedure; constitutional procedural law; judges; Constitution of the Republic of Croatia; Constitutional Act on the Constitutional Court of the Republic of Croatia; Rules of Procedure of the Constitutional Court of the Republic of Croatia

Hrčak ID:

178156

URI

https://hrcak.srce.hr/178156

Publication date:

10.3.2017.

Article data in other languages: croatian german italian

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