Preliminary communication
PROTECTION OF RIGHTS OF CITIZENS AND OTHER PERSONS FROM ILLEGAL ACTIONS OF BODIES OF PUBLIC ADMINISTRATION
Božo Gagro
; Administrative Court of the Republic of Croatia
Abstract
Departuring from the provisions o f the Constitution the author in this article writes about the principle of legality as a fundamental principle of the rule of law.
He points out that in the Republic of Croatia exist ail the legal requirements for a realization of that principle and a successful protection of the rights of citizens and other persons from illegal actions of the bodies of public administration. The author in particular emphasizes the exceptional significance of a judicial review of legality of activities of the public administration, with a special regard to the individual acts of the administrative bodies, by which in administrative matters, by a direct application o f the lave and other regulations, the rights and obligations of citizens and other persons are decided upon. In connection to that he explores a judicial review of administrative acts in an administrative dispute before the Administrative Court, presenting certain observations regarding a breach of the rules o f procedure according to which ail administrative bodies are due to proceed when deciding in administrative matters. The author concludes by pointing out the certain ambiguities about the competencies o f the Administrative Court in relation to a protection of the constitutionally guaranteed rights and freedoms of human and the citizen.
Keywords
administrative procedure; human rights; judicial review; administrative dispute
Hrčak ID:
197691
URI
Publication date:
8.9.1999.
Visits: 2.037 *