Pregledni rad
Delineation of responsibilities to review constitutionality and legality of the local governments general acts
Teodor Antić
; Ustavni sud Republike Hrvatske
Sažetak
The 2010 Administrative Disputes Act introduced significant changes in the system of review of the constitutionality and legality of general enactments passed by units of local self-government. Under the Act, the review of legality of these enactments became a subject matter of an administrative dispute before the High Administrative Court. Considering already established legal practice of the Constitutional Court in cases related to the review of general enactments, this change requires for the competence of the Constitutional Court of the Republic of Croatia and the High Administrative Court to be precisely defined. To that end, however, the Administrative Disputes Act entails several shortcomings and offers quite inadequate solutions that will have to be resolved in practice. In the process, the issue of determining the subject of the review, i.e. defining the term "general enactment" and its distinction from the term "regulation" has been in focus again. This paper is aimed to present the former legal regulation and the Constitutional Court case-law, analyse the new legal framework and practice and indicate some pending issues and doubts as well as to offer possible solutions to overcome them.
Ključne riječi
judicial review of constitutionality and legality; administrative disputes; general enactments, jurisdiction; local self-government
Hrčak ID:
109163
URI
Datum izdavanja:
10.10.2013.
Posjeta: 4.600 *