Zagrebačka pravna revija, Vol. 1 No. 1, 2012.
Izvorni znanstveni članak
Interpretation of the Act on the Annulment of Certain Legal Acts of Judicial Bodies of the Former Yugoslav National Army, the Former SFRY and the Republic of Serbia
Zlata Đurđević
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
This paper provides a commentary on the Annulment Act - one of the shortest, most controversial and worst laws adopted in recent years in Croatia. By using scientific methods for interpreting legal norms, the author lays bare the content and legal gap of this law. Through a teleological interpretation, she reveals that the aim of this act was to prohibit the cooperation of local judicial authorities with the judicial authorities of Serbia with regard to the war crimes committed by Croatian nationals. A systematic and historical interpretation proves that such an aim is unachievable. Systematic interpretation shows that the legal provisions lack legal effect in the legal framework in force, since they repeat the current legal provisions. It also indicates that certain provisions cannot be implemented, thus revealing the legal ignorance of the legislator. A historical interpretation of the proposal of the act shows that the Government and the Parliament amended the act, depriving it of legal effect and transforming it into an empty political proclamation. The author denies that the law is unconstitutional for the reasons that have been publicised, but confirms its lack of alignment with the constitutional principle of legality and the requirement for a coherent legal order. In conclusion, the author points to the need to conclude an international agreement on criminal and legal cooperation in prosecuting war crimes in the region, which will resolve the issue of conflict of jurisdictions, allow for speedier and more efficient cooperation, especially in preliminary criminal proceedings, and regulate through a parliamentary act the restriction of fundamental human rights caused by the activities of public prosecutors, placing such restriction under judicial control.
Ključne riječi
criminal law cooperation; war crimes, Annulment Act; principle of legality; constitutionality of laws
Hrčak ID:
128867
URI
Datum izdavanja:
25.9.2012.
Posjeta: 1.492 *