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CONTROL OF THE CONSTITUTIONALITY AND LEGALITY OF BY-LAWS OF MUNICIPALITIES AND TOWNS
Dragan Medvedović
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
The representative bodies of municipalities and towns (municipal and town councils) make varions regulations (by-laws) by which they regalate issues within the local self-government scope and the matters which the central government delegated to them by law (so-called delegated power).
In this article, methods and forms of control of the constitutionality and legality of these by-laws regulated by the Constitution and laws are presented, practice so far is critically analysed and legislative improvements are proposed.
The control of the constitutionality and legality of regulations, made by the representative body in a municipality or a town within the local-self-government scope, is performed by the ex officio representative of the central government in the county (region) - the head of the state administrative department in the county and the ministry competent for local self-government. If they find the regulation (by-law) unconstitutional or illegal, they may only terminate its application. In such a case the Government of the Republic of Croatia is authorised to propose proceedings for the assessment of the constitutionality and legality of this act before the Constitutional Court of the Republic of Croatia. Under certain conditions, other legal entities, including individuals, may also propose the initiation of the proceedings for the assessment of the constitutionality and legality of a local regulation before the Constitutional Court. After the Constitutional Court proceedings, during which the representatives of municipalities or towns are allowed to express their attitudes, the Constitutional Court makes the final decision. In case that the disputed act is found unconstitutional or illegal, it will be repealed or annulled.
If a local regulation (by-law) concerns the matter from the so-called delegated power, the Government decides on its constitutionality and legality and it is authorised to repeal it or annul it.
Courts are authorised to apply the institute of illegality exception (exceptio illegalis) if in the court proceedings a local regulation (by-law) considered unconstitutional and illegal is to be applied and inform the Supreme Court of the Republic of Croatia about it, which may consequently initiate the proceedings before the Constitutional Court to repeal or annul the local regulation (by-law).
Ključne riječi
control of constitutionality and legality; local regulations (by-laws); illegality exception constitutionality and legality; The Constitutional Court of the Republic of Croatia
Hrčak ID:
197239
URI
Datum izdavanja:
9.12.2001.
Posjeta: 1.879 *