Review article

Administrative contracts and administrative judication process

Boris Ljubanović

Abstract

In this paper, administrative contracts and dispute resolution in administrative contracts are analysed. After a general introduction, the concept and characteristics of administrative contracts are discussed. Also, the regulation of administrative contracts according to the new Croatian administrative procedure law is presented. Then, the solutions of French and German law in relation to administrative contracts are discussed. In particular, the possible ways of resolving disputes emerging from administrative contracts are provided and the answer to the question of whom to entrust the resolution of those disputes is sought. That is, should it be by regular courts, specialised administrative courts or by independent administrative bodies? In the conclusion, analysis reveals that the administrative contract is legally public. It is the institution of administrative law which signifies public law. Therefore, the best solution is that lawsuits related to administrative contracts are resolved by first instance administrative courts and appeals by the second instance administrative court. These courts must fulfil the conditions of the independent courts according to article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The judges of these courts, especially because of their many years of experience, are specialists in administrative law and the resolution of administrative disputes.

Keywords

administrative contract; administrative judication process; administrative dispute; administrative law

Hrčak ID:

50333

URI

https://hrcak.srce.hr/50333

Publication date:

2.4.2010.

Article data in other languages: croatian

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