Original scientific paper
https://doi.org/10.30925/zpfsr.41.1.6
(MORE) ABOUT UNIFORMING COURT PRACTICE IN CIVIL CASES
Dejan Bodul
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Jelena Čuveljak
; High Commercial Court of the Republic of Croatia, Zagreb, Croatia
Sanja Grbić
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Abstract
The ideal of civil litigation is a high degree of predictability, which is nothing but a stable and consistent case law. Specifically, citizens and businesses that go to court for identical factual circumstances must receive the same verdict, and courts of one state must handle identical legal issues in the same way, no matter where they are situated. On the other hand, at the heart of the legal standard of judicial independence
is the freedom of the individual judge from all influences that would prevent him from making decisions ex lege, on the basis of his conscience and in concreto when resolving specific cases. So, if there are few, if any, practitioners, theorists, and lawmakers who would not want a greater degree of uniform case law, going down to the empirical level, we see that ensuring consistent application of the law in practice
is an extremely demanding job. Although different methodological approaches are available in studying this complex problematic issue, efforts have been directed towards analysing positive solutions as well as ECHR practices, all for possible suggestions.
Keywords
standardization of practice; new Civil Procedure Act; Art. 6. ECHR
Hrčak ID:
238259
URI
Publication date:
15.5.2020.
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