Original scientific paper
https://doi.org/10.30925/zpfsr.45.1.3
The Legal Institute of the Extended Panel of the Civil Law Department of the Supreme Court of the Republic of Croatia
Aleksandra Maganić
orcid.org/0000-0003-1941-429X
; University of Zagreb, Faculty of Law
*
* Corresponding author.
Abstract
The sparse regulation of the extended panel of the Civil Law Department of the Supreme Court of the Republic of Croatia in a civil procedure and its insufficiently clear indicated goals are an incentive for a deeper research on this institute and its comparison with similar institutes in comparative legal practice. Considering the fact that Croatia, has often referred to German legal patterns when introducing new institutes of procedural law, the paper aims to present the German pattern of the Civil Senate and compare it with the Croatian extended panel. The existing form of case law harmonisation of the Supreme Court of the Republic of Croatia, which is carried out through department sessions, also calls for research on the differences between the institute of the extended panel and department sessions and their relationship. It would be particularly important to know when and under what assumptions / conditions will any of these models patterns apply. Since we hold it extremely important for the proper operation of the extended panel be independent and impartial, the basic assumption that should be met for its organization is the legal framework governed by the law and not by-laws, so that the panel establishment is transparent and objectively predictable.
Keywords
extended panel; Rules of Procedure of the Supreme Court; department session; case law harmonization; binding court decisions; Civil Senate
Hrčak ID:
316018
URI
Publication date:
15.4.2024.
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