Pregledni rad
https://doi.org/10.31141/zrpfs.2019.56.133.649
The supervision of constitutionality in international agreements: should the constitutional court change its practice?
Jurica Bakmaz
; Općinski sud u Gospiću, Gospić, Hrvatska
Sažetak
Constitutional review of international treaties is an important question to consider regarding the protection of the rule of law, especially when the legal system knows the ex post review or simply does not regulate the matter.
Amongst the legal systems that regulate the matter the less controversial one is the ex ante review because its effects take place before the treaty is put into effect. The ex post review is quite undesirable because of the possibility of unilateral encroachment into a valid international obligation of a country. There are also legal systems that have incorporated both types of review. Finally, there are systems prohibiting the review of international treaties. Amongst the legal systems that do not explicitly know any type of review, a distinction can be made between the ones that are considered to give an implicit authority to competent bodies of government to review international treaties and the ones that are not.
The Croatian constitutional system falls under the latter category, albeit the theoretical possibility exists as the system is monistic in nature and the international treaties are inferior to the Constitution. The Constitutional Court of the Republic of Croatia is of the opinion of having no authority to consider the constitutionality of international treaties. However, that opinion has not eluded criticism. There have been suggestions that some form of review should be proscribed.
Ključne riječi
constitutional Court; control of constitutionality; international treaties jurisdiction of the Constitutional Court; constitutional court of republic of croatia
Hrčak ID:
225699
URI
Datum izdavanja:
27.9.2019.
Posjeta: 2.468 *