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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 33 No. 3-4, 2017.

Original scientific paper

https://doi.org/10.25234/pv/5455

COURT FEES WAIVER AS A PRECONDITION OF ACCESS TO JUSTICE

Juraj Brozović orcid id orcid.org/0000-0003-2362-4580 ; Faculty of Law, University of Zagreb

Full text: croatian pdf 446 Kb

page 41-70

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Abstract

Croatian court fees waiver system has changed fundamentally in recent years. Unlike prior legislative solution, administrative bodies now grant waivers instead of courts and the criteria for waiver are expressly and strictly prescribed by the law. Introduction of specialized administrative body which decides in accordance with predetermined rules was expected to increase the number of waivers and to create wider access to the system in general. Although the reports of Ministry of Justice show the constant increase of cases in which court fee was waived, those numbers cannot alone confirm if the systems functions properly and to what extent. This paper thus compares Croatian legislative solutions and their application with the case of law of European Court of Human Rights, while the number of waivers is compared with the number of enforcement proceedings initiated due to the non-payment of court fees. In accordance with such comparative analysis and empirical data, this paper makes conclusions on (non)functioning of the system and makes proposals for the necessary amendments.

Keywords

court fees; court fees waiver; access to justice

Hrčak ID:

191766

URI

https://hrcak.srce.hr/191766

Publication date:

30.12.2017.

Article data in other languages: croatian

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