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Review article

INDEPENDENCE AND IMPARTIALITY OF THE CROATIAN JUDICIARY THROUGH THEORY AND PRACTICE

Tena Konjević orcid id orcid.org/0000-0001-9256-9103 ; studentica Pravnog fakulteta Osijek


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Abstract

The paper analyzes in seven sections the contemporary issue of independence and impartiality of the judiciary in the Republic of Croatia. For a better understanding of further elaboration, an interpretation of the terms “independence” and “impartiality” of judicial office is given, and then, from a broad body of regulations guaranteeing the independence and impartiality of the judiciary, those occupying the widest space in everyday application are listed. In addition to national regulations such as the Constitution and laws, the provisions of European and international sources of law implemented in Croatian legislation have also been worked out. Furthermore, examples are given of the case law of the European Court of Human Rights and the highest Croatian judicial instances, in which the consequences were suppressed or the violation of the right to an independent and impartial trial was prevented. Furtheron, through the research of the European Commission, the issue of the addressee's perception of the independence and impartiality of the judiciary in the EU member states is elaborated, with an emphasis on the results of the survey of Croatian citizens. Finally, the survey conducted among randomly selected judges for the needs of the paper, with the help of the Supreme Court of the Republic of Croatia, has been analyzed. This analysis provides insight into the statistical data of answers to questions that were based on obtaining a subjective attitude, ie the perception of judges about the independence and impartiality of their duty. In addition to the accompanying graphs, a theoretical analysis of each data obtained in the research is attached.

Keywords

independence, impartiality, judiciary, perception of addressees, perception of judges

Hrčak ID:

241267

URI

https://hrcak.srce.hr/241267

Article data in other languages: croatian

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