LEGAL DRAFTING IN CROATIA

CASE STUDY

Authors

  • Dario Đerđa Faculty of Law University of Rijeka
  • Teodor Antić Constitutional Court of the Republic of Croatia

DOI:

https://doi.org/10.30925/zpfsr.38.1.4

Keywords:

legal drafting; nomotechnics; utility services

Abstract

This paper highlights the importance of legal drafting and its essential
elements, which has not drawn a lot of attention in the Republic of Croatia so far.
The paper emphasises the importance of proportionality in the simplicity and legal
distinctness of a legal text in the process of drafting for the purpose of its clarity.
The paper also presents objective requirements necessary for quality legal drafting,
as well as subjective qualities of the drafters. With the purpose of drawing attention
to imperfections in the legal drafting in Croatia, some defi ciencies are presented in
the process of drafting and amending of the Utility Services Act. The process of
drafting and amending of this Act is a good example of the way how legal drafting
should not be done. It contains a lot of defi ciencies and failures that are the result of
legal drafting mistakes. At the end, authors expect that the adoption of the Uniform
methodology and nomotechnical rules for the drafting of acts enacted by Parliament
should contribute to the higher quality of legal texts and to their full adjustment to the
general requirements of legal certainty and rule of law.

Additional Files

Published

2020-11-16

How to Cite

Đerđa, D., & Antić, T. (2020). LEGAL DRAFTING IN CROATIA: CASE STUDY. Collected Papers of the Law Faculty of the University of Rijeka, 38(1), 93–128. https://doi.org/10.30925/zpfsr.38.1.4

Issue

Vol. 38 No. 1 (2017): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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