Prethodno priopćenje
https://doi.org/10.32984/gapzh.13.1.6
Croatian Regulation of the Enforcement of Judgment Rendered in Administrative Dispute in the Light of the Council of Europe Recommendations and Other Documents
Alen Rajko
orcid.org/0000-0003-2770-3761
; Upravni sud u Rijeci, Rijeka, Hrvatska
Sažetak
The Council of Europe has issued several soft law recommendations and other documents relevant to the effective enforcement of administrative court decisions. In this respect, the main source is the Recommendation Rec (2003)16 of the Committee of Ministers to member states on the execution of administrative and judicial decisions in the field of administrative law. The Recommendation provides the following main principles providing the basis of the part of the Recommendation relevant to administrative disputes: the duty to enforce court decisions; the appropriateness of the enforcement procedure; enforcement within a reasonable time; comprehensiveness and effectiveness of regulation; responsibility of public bodies, but also of their officials.
The key elements of this Recommendation and other related Council of Europe documents are discussed. The Croatian legal harmonization of the regulation of the compulsory enforcement of the judgments of administrative courts is analysed, as well as the compatibility of this regulation with the documents of the Council of Europe. According to the most important criteria, this compliance has been established. The problems are primarily related to the insufficient regulation of the enforcement procedure according to the Law on Administrative Disputes.
Ključne riječi
Hrčak ID:
285386
URI
Datum izdavanja:
9.11.2022.
Posjeta: 609 *