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Dilemmas in the application of the new law on administrative dispute resolution

Lidija Rostaš-Beroš ; Visoki upravni sud Republike Hrvatske


Puni tekst: hrvatski pdf 184 Kb

str. 473-481

preuzimanja: 1.420

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Sažetak

This paper points out a few dilemmas and open questions which have arisen over the short application of the new Administrative Dispute Resolution Act. Firstly, the question of the wellfoundedness of the Administrative Dispute Resolution Act’s provisions is posed. These deem that first instance administrative courts in principle reach decisions with a council of three judges. Furthermore, only in exceptional circumstances in regulated cases can decisions be reached by an individual judge, Then, attention is given to the legal regulation of undertaking activity for the defendant in an administrative dispute and to the regulated principle that the administrative court, in the case that the defendant’s case is successful, must alone resolve the administrative subject. The dilemma of whether the High Administrative Court of the Republic of Croatia should resolve appeals against procedural decisions by adjudication or by court decision has also arisen.

Ključne riječi

Law on adminsitrative dispute resolution; application

Hrčak ID:

103767

URI

https://hrcak.srce.hr/103767

Datum izdavanja:

5.6.2013.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.552 *