Review article

On appointment of Courts presidents - some open questions

Mijo Galiot ; Općinski sud u Splitu
Silvio Čović ; Upravni sud u Splitu

Abstract

In their paper, the authors analyse the legal position of the judiciary within the framework of the separation of powers in the Republic of Croatia, as well as the procedure of the election of the members and president, and the scope and manner of operation of the State Judiciary Council on a principal level. The authors especially deal with and analyse the 2010 constitutional changes and the State Judiciary Council Act from 2010 (SJCA), which introduced significant novelties in the appointment of presidents of courts in the normative and institutional sense as well as in practical applications. Separately, an integral historical overview is given of the appointment of presidents of courts from the gaining of Croatian independency until the SJCA became effective, as well as a comparative overview of the manner of appointment of presidents of courts in elected, related European legal systems. Moreover, the authors break down and analyse the procedures of the appointment of presidents of courts with a special reference to each phase. Here, special emphasis is given to the candidate valuation manner and criteria and the legal protection of candidates after the decision on appointment, both in the normative sense and in practice, all this accompanied by authors’ suggestions de lege ferenda.

Keywords

rule of law; separation of powers; judiciary; separation and independence of the judiciary; State Judiciary Council; justice minister; judicial panel; court administration; legal administration; court president appointment; procedure; criteria and candidate valuation; appointment decision

Hrčak ID:

119988

URI

https://hrcak.srce.hr/119988

Publication date:

4.4.2014.

Article data in other languages: croatian

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