THE INDIVIDUAL DECISION AS A CONDITION FOR ASSESSING OF THE LEGALITY OF GENERAL ACTS IN AN OBJECTIVE ADMINISTRATIVE DISPUTE

Authors

  • Sanja Otočan High Administrative Court of the Republic of Croatia, Zagreb, Croatia

DOI:

https://doi.org/10.30925/zpfsr.37.1.25

Keywords:

objective administrative dispute; conditions for initiating the objective administrative dispute; individual decision

Abstract

This article analyses the effects of the new Croatian model that controls of the legality of the general acts of public bodies. The author has taken into consideration the legal requirements for initiating the procedure of evaluation of the legality of general acts, related to the individual decisions of public authority and their impact to the purpose of the objective administrative dispute. The author compares the constitutional and judicial control of the legality of general acts issued by local and regional self-government bodies, legal persons vested with public powers and legal persons that perform a public service. Based on the analysis of the current legal framework and the practice of the High Administrative Court of the Republic of Croatia in the last four years, the author tries to answer the question whether the Croatian system of objective administrative dispute can ensure the aim of this type of judicial control of the general acts.

Published

2020-11-16

How to Cite

Otočan, S. (2020). THE INDIVIDUAL DECISION AS A CONDITION FOR ASSESSING OF THE LEGALITY OF GENERAL ACTS IN AN OBJECTIVE ADMINISTRATIVE DISPUTE. Collected Papers of the Law Faculty of the University of Rijeka, 37(1), 715–734. https://doi.org/10.30925/zpfsr.37.1.25