Pregledni rad

Legality and Constitutionality of General Acts in Croatian Law and Case Law of the High Administrative Court of the Republic of Croatia

Frane Staničić orcid.org/0000-0001-8304-7901 ; Pravni fakultet Sveučilišta u Zagreb
Ana Đanić orcid.org/0000-0003-1325-7692 ; Pravni fakultet Sveučilišta u Osijeku

Sažetak

The paper analyses the legality of bylaws, primarily as a form of control of public administration in general, and then as an institute of the Croatian law in particular. The issue of legality of bylaws has been highly controversial issue of Croatian law. Legislation and case law of the Constitutional Court have divided general normative acts into regulations and bylaws. As the Constitutional Law on the Constitutional Court of the Republic of Croatia has stipulated that the Constitutional Court is in charge of reviewing the harmonisation of laws with the Constitution and of other regulations with laws and the Constitution,
there has appeared a conventional opinion that the Constitutional Court is not competent for reviewing the harmonisation of bylaws that are not regulations, with the Constitution and the law. In order to prevent bylaws that must not exist from surviving within the legal system, the Court has created the “principle of necessity”, thus proclaiming bylaws which, according to conventional opinion, are not regulations, to be regulations, and has been reviewing their legality and constitutionality. One can formulate a hypothesis that all bylaws are regulations, thus making the Constitutional Court competent for the review of legality and constitutionality of all general normative acts. The Constitution recognises only regulations, so it can be claimed that all the acts that have abstract characteristics are in fact regulations. Further, the author analyses the regulation of legality of bylaws introduced by the new Law on Administrative Disputes, which
is the competence of the High Administrative Court. The competences of the Constitutional Court and the High Administrative Court are clearly delineated. Finally, case law of the High Administrative Court is analysed in some detail.

Ključne riječi

the Constitution of the Republic of Croatia; bylaws; regulations; review of legality and constitutionality; case law; the High Administrative Court of the Republic of Croatia; the Constitutional Court of the Republic of Croatia; administrative dispute

Hrčak ID:

134713

URI

https://hrcak.srce.hr/134713

Datum izdavanja:

3.12.2014.

Podaci na drugim jezicima: hrvatski

Posjeta: 5.846 *