Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2020.57.135.127
Lawsuit over omission to pass general acts in European and Croatian law
Lana Ofak
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Marko Turudić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
In this paper, the way, pursuant to judgement of the European court in the case of C-237/07 Janecek, court protection can be ensured due to omissions in passing action plans for improving the quality of air which are, according to their legal nature, general acts. The first and second parts of this paper show comparative experiences from European Court practice regarding application of article 265 of the Agreement on the functioning of the European Union which prescribes court action for institutions of the Union for failure to act as in the court practice from Austria, Czech Republic and France in disputes for failing to pass plans for improving the quality of air. In the last section whether and in what way such court action for failing to pass general acts, whose obligation is derived from European Union law, can be brought before Croatian administrative court, that is in which way in that situation the existing provisions from the General Administrative Procedure Act and Administrative Dispute Act can be applied.
Ključne riječi
plans to improve the quality of air; general acts; lawsuit for omission; protection from other forms of public body action
Hrčak ID:
234573
URI
Datum izdavanja:
19.2.2020.
Posjeta: 1.881 *