Pregledni rad
EFFECTIVENESS OF APPEAL IN ADMINISTRATIVE DISPUTE AS ONE OF THE INSTITUTES FOR PROTECTION OF HUMAN RIGHTS
Ana Đanić
; Pravni fakultet Sveučilišta J. Jurja Strossmayera u Osijeku
Lana Ofak
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
Administrative dispute is the most important form of judicial review of the legality of acts and activities of the public authorities. In accordance with the newly established two-stage system of administrative justice from 2012, the only regular remedy introduced as an important mechanism of legal protection of citizen is the appeal against the judgments and decisions of the first instance administrative courts. The authors analyze the provisions of the Act on Administrative Disputes regarding the appeal and their restrictive effect. They further examine whether the institute of appeal in administrative dispute fulfills the requirements of the effective remedy in accordance with Art.13 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Regulation of this institute is put in connection with the right of access to justice as well. Exclusion of the right of appeal in all cases also calls into question the constitutional guarantee of the right to appeal against the first instance court decision. The paper gives an overview of the current two-year practice of the High Administrative Court regarding the appeals filed against judgments of the administrative courts. The case law of the High Administrative Court is particularly important for the development of uniform practice, equal application of the law and application of the principle of equal treatment. High Administrative Court and Administrative Courts should ensure adequate, effective and comprehensive legal protection of its citizens from unlawful acts, actions and omissions of the public authorities. The authors determine whether the institute of the appeal, as regulated by the Act on Administrative Disputes, contributes to the realization of such protection.
Ključne riječi
appeal; administrative dispute; the High Administrative Court; the effectiveness of the legal remedies; protection of citizens’ rights
Hrčak ID:
130906
URI
Datum izdavanja:
30.8.2014.
Posjeta: 3.499 *