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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 40 No. 1, 2019.

Review article

https://doi.org/10.30925/zpfsr.40.1.19

NOVELTIES IN ‘REVISION’ (FURTHER APPEAL ON POINTS OF LAW) PROCEDURE

Paula Poretti ; Faculty of Law, University J.J. Strossmayer, Osijek, Croatia
Martina Mišković ; manager Pure Telecom, Billsave PJB Management, Dublin, Ireland

Full text: croatian pdf 323 Kb

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Abstract

In this paper, a draft of the 2016 Law on Civil Procedure will be analyzed, focusing on significant changes to the audit institute to ensure that the Supreme Court of the Republic of Croatia ensures the fulfillment of its public function - ensuring the uniform application of the rights and equality of all in its use. In this regard, the role of the Supreme Court was defined according to the Constitution of the Republic of Croatia, but also through the notions of the European Court of Human Rights. Considering the topic of work, the development of the audit institute as an extraordinary legal remedy has been analyzed through the history of Croatian legislation and pointed to the problems that exist in the current arrangement. The reason for the necessity of
revising the audit is overwork by the Supreme Court because of the large number of the audit subjects at the same time as the existence of huge backlogs in the work so far. The reason why opponents of this reform are so numerous is the change of the paradigm in determining the role and function of the Supreme Court from private to public function, which would make the Court decide only on legal issues in the public interest. Properly to the paradigm change, there would be a two-way revocation in the revision regime and only the so-called”Revision by Permission” could be legitimate. The proposed changes have been studied through the prism of Slovenian legislation, similar to the reforms carried out in 2008, and due to the similarity of the two systems, it is appropriate to compare and predict the results that should follow in the Republic of Croatia.

Keywords

Supreme Court of the Republic of Croatia; extraordinary legal remedy, audit; audit by permission, right of access to court; right to trial within a reasonable time

Hrčak ID:

219402

URI

https://hrcak.srce.hr/219402

Publication date:

8.4.2019.

Article data in other languages: croatian german italian

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