Conference paper
Administration of Justice and the Rule of Law in the Republic of Croatia
Jakša Barbić
; Faculty of Law, Univerisity of Zagreb, Zagreb, Croatia
Abstract
The paper discusses the application of the rule of law in Croatia and the role of administration of justice in this respect, focusing on the judiciary. The constitutional provisions declaring the rule of law to be the highest value are not sufficient for its realization; what matters is its application in everyday life.
The author analyses the impressions about the administration of justice and reasons why they are not favourable. In addition to reasons stemming from the ways in which the judiciary operates, external influences are discussed, such as the disorganised and dynamic legal system, work overload of courts burdened with unnecessary disputes, and the role of the media. The author discusses each of these factors and points out that in public perception impressions often carry more weight than the actual situation. Unfavourable impressions result in the loss of confidence in the judiciary, which diminishes its authority and, consequently, the possibility of implementation and protection of rights. This can result in legal uncertainty which is fatal for any society.
It is pointed out that measures should be implemented immediately in order to improve the situation and to apply the rule of law in a reasonable way. Complete rule of law without any excesses does not exist anywhere, but a reasonable and adequate measure of its application is needed which has not been achieved in this country yet. It is proposed to apply several measures which have been delayed so far. This is an ongoing process which requires political will not only on the declarative but also on the practical level. This should not be impeded by a lack of necessary financial resources because no price is too high compared to the benefits of appropriate application of the rule of law. Any investment in the administration of justice is amply returned by legal certainty providing the basis of any organized community and ensuring the security of citizens and enterprises in the country. In addition, increased commercial activity amply returns all investments in the creation of conditions for good, reliable and efficient administration of justice that can be trusted.
Keywords
Hrčak ID:
285389
URI
Publication date:
9.11.2022.
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