Original scientific paper
https://doi.org/10.30925/zpfsr.43.3.4
THEORETICAL AND PRACTICAL ASPECTS OF EXTRAORDINARY REVIEW OF THE LEGALITY OF A FINAL JUDGEMENT RENDERED IN AN ADMINISTRATIVE DISPUTE
Aleksandra Maganić
orcid.org/0000-0003-1941-429X
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Senka Orlić Zaninović
; High Administrative Court of the Republic of Croatia, Zagreb, Croatia
Abstract
The Request for an Extraordinary Review of the Legality of a Final Judgment
(and decision) rendered in an administrative dispute has been in force for more than
ten years. Some doubts of this Extraordinary Remedy were resolved, by two legal
interventions. However, despite this, a number of doubts remain in its application
and conduct, which cannot be resolved by case law. Complete non-regulation and
wandering in terms of purpose and goal, are a sign that de lege ferenda is necessary
for new legal intervention in this Remedy. Therefore, the purpose of this paper in
the part dealing with theoretical analysis is to present the development of Requests
for Extraordinary Review of the Legality of a Final Judgment and current legal
regulation, with emphasis on its individual, particularly important features - Active
legitimacy, Decisions that can be challenged and finally, by acting on the Request.
The part dealing with practical aspects of the Request for Extraordinary Review of
the Legality of a Final Judgment, presents the relationship between the Request and
the assessment of the legality of General acts and current statistics, and an analysis of
individual decisions in which the Supreme Court of Republic of Croatia decided on
the Request.
Keywords
Request for Extraordinary Review of the Legality of the Final Judgment; administrative dispute; active legitimacy; subject of the request; reasons for initiating; procedure regarding the Request
Hrčak ID:
287845
URI
Publication date:
20.12.2022.
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