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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. 40 No. 1, 2019.

Review article

https://doi.org/10.30925/zpfsr.40.1.15

THE ROLE OF ADMINISTRATIVE COURTS AND THE EUROPEAN UNION COURT IN THE CREATION OF LEGAL REGULATIONS AND ADMINISTRATIVE COURT PRACTICE

Bosiljka Britvić Vetma ; Faculty of Law, University of Split, Split, Croatia, Supreme Court of the Republic of Croatia, Zagreb, Croatia

Full text: croatian pdf 284 Kb

page 399-418

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Abstract

This paper primarily deals with the role of administrative courts in the creation of legal regulations. How legal regulations are interpreted is emphasised as is how the quality of interpretation also defines the quality of court practice. The author emphasises that it is not always an easy task. How court practice is not a legal but also a social phenomenon is mentioned. So too are all relations that require legislative intervention. They can offer the judge the opportunity to develop rules of court practice. Even though court practice can never replace the legal rule, it is certainly a logical continuation or extension of legal rules and even an indispensable addition. Therefore, it is court practice’s subject of interest which is as varied as the subject of legal rules’ interest. That is why the contribution of administrative court practice and its role is equally as important in the life of the individual as it is in public life. Given that the rule is maintained in the judgement, the judgement should as precisely as possible express the real meaning of the law and the thought of the judge who applies that law. The totality of the judgement should comprise a harmonised whole. The
explanation gives the decision legitimacy and at the same time explains it. The author also analyses the limits of the application of the judgement of the European Union Court. This includes the interpretative role as well as which obligations the European Union Court judgement sets before the member state and its citizens. At the same time, it points out how national administrative judges should behave towards them.

Keywords

purposive interpretation; conditions for administrative court practice formation; meaning of administrative court practice; role of the European Union Court in the creation of administrative court practice

Hrčak ID:

219398

URI

https://hrcak.srce.hr/219398

Publication date:

8.4.2019.

Article data in other languages: italian croatian german

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