Original scientific paper
The Legal Framework for the Implementation Information and Communication Technology in Croatian Administrative Procedural Law
Frane Staničić
orcid.org/0000-0001-8304-7901
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Marko Jurić
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Implementation and widespread use of information and communication technologies (ICT) are some of the main factors contributing to the modernization of the Croatian public administration. A significant step towards this goal was the introduction of the new General Administrative Procedure Act in 2009 (GAPA 2009). Among other novelties, GAPA 2009 introduced several forms of electronic communication between public law authorities and parties in administrative proceedings; namely electronic service, electronic submission, e-filing and the use of e-documents. However, notwithstanding these novelties, electronic communication in administrative proceedings in practice remains more of an exception. In this context, the authors have analyzed the relevant legislative framework governing electronic communication in administrative proceedings. Several inconsistencies in the text of GAPA 2009 have been identified and appropriate solutions have been proposed. In addition, the authors argue for broader interpretation of the term electronic communication, which would include communication in electronic form both by electronic and non-electronic means. Finally, authors call for broader implementation of electronic communication based on the Croatian National Information Infrastructure in administrative proceedings.
Keywords
administrative procedure; electronic communication; electronic signature; electronic document; electronic document
Hrčak ID:
149410
URI
Publication date:
20.11.2015.
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