Original scientific paper
https://doi.org/10.25234/pv/6444
LEGAL REGULATION OF THE PETITIONS IN THE REPUBLIC OF CROATIA – THE QUESTION OF ITS NORMATIVE FRAMEWORK COHERENCE, POTENTIAL APPLICATION PROBLEMS AND SOLUTIONS
Gordan Struić
orcid.org/0000-0001-6528-4436
; master of laws and university specialist in comparative politics, Croatian Parliament, Zagreb, Republic of Croatia
Abstract
Starting from the fact that the constitutional right to petition is governed by a series of different laws and regulations in the Republic of Croatia, the paper aims at answering the question of coherence of its normative framework. To this end, the author outlines the conceptual definition of the petition, presents its legal regulation in the Republic of Croatia, examines the differences in the current normative framework, as well as possible problems arising from the arrangement of this constitutional right, suggesting potential solutions. In addition, the author considers the actual effects of regulations, as well as various approaches in comparative law. On this basis, the conclusion has been drawn that the normative framework for the regulation of petitions is incoherent due to differences in terminology, the absence of constitutional and legal definition of the petition, different deadlines for the response to the petition, differences in the context of authorized petitioners, and differences regarding sanctions for the persons who hinder exercising of this constitutional right.
Keywords
petition; complaint; motion; Constitution
Hrčak ID:
199512
URI
Publication date:
30.4.2018.
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