Professional paper
ADMINISTRATIVE COURT CONTROL OF THE LEGALITY OF REGULATIONS OF LOCAL AND REGIONAL SELF-GOVERNMENT UNITS
Božo Gagro
; The Administrative Court of the Republic of Croatia
Abstract
Some observations of judges of the Administrative Court of the Republic of Croatia about the administrative court control of the legality of individual regulations of administrative bodies of local and regional self-government units are presented by the author. He states that the quality of these regulations, at least as far as their legality is concerned, is not lower than the quality of the regulations of the state administrative bodies. He points out that in administrative disputes the majority of individual regulations of administrative bodies of local and regional self-government units, in the case when the claims are accepted, are annulled because of the violation of the rules of procedure, while a smaller number of these regulations are annulled because of the violation of substantive law.
The author warns that the violations of substantive law in making individual regulations are most frequently caused by vague or incomplete legal provisions, or by illegal by-laws of local and regional self-government units.
In the author’s opinion, in order to create conditions for the work of administrative bodies of local and regional self-government units based on quality and legality, it is necessary to pay more attention to clear, complete and lawful regulation of a particular administrative matter while making appropriate regulations, as well as to professional education of persons who directly participate in application of these regulations and control over the work of these persons by the authorized state administrative bodies.
Keywords
individual regulation: administrative court control; administrative regulation; administrative dispute; Administrative Court; local self-government
Hrčak ID:
197247
URI
Publication date:
9.12.2001.
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