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Collected Papers of the Faculty of Law in Split, Vol. 52 No. 1, 2015.

Professional paper

Administrative dispute from the moment of filing a lawsuit to enforcement - disputable issues in practice

Božidar Horvat ; Upravni sud u Osijeku

Full text: croatian pdf 317 Kb

page 223-242

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Abstract

This paper deals with the process of administrative dispute from filing a lawsuit to enforcement, that is, the related disputable issues emerging since commencement of the application of the new Administrative Dispute Act. Furthermore, the paper pays particular attention to the full adjudication dispute, that is, bringing reformist judgement in administrative dispute. This is the situation when the court in administrative dispute does not only decide on the issue of legality of the Administrative Act, but rather by its judgement directly decides on the rights or obligations of certain persons in administrative dispute. Thereto, issues are analysed which are related to evaluating the presumptions for conducting administrative dispute and the lawsuit contents. Similarly, disputable questions in practice are dealt with in particular. These relate to the procedure of proposing the implementation and evaluation of evidence in administrative dispute, that is, the burden of proof, taking into account the subservient application of provisions from the Administrative Dispute Act as well as the disputable questions in practice related to achieving, that is, the existence of conditions for reaching reformist judgements in administrative dispute taking into consideration the issues of the link between the court and the lawsuit. Also analysed are the conditions for reaching a decision on the amount of damages and returning elements such as the accessory demands in administrative dispute. Also analysed are the provisions by which coercive enforcement of the judgement from administrative courts as well as disputable questions arising in administrative court practice to date in relation to non-enforcement of administrative court judgements.

Keywords

Croatia; Administrative Dispute Act; full adjudication dispute

Hrčak ID:

138145

URI

https://hrcak.srce.hr/138145

Publication date:

21.4.2015.

Article data in other languages: croatian french

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