THEORETICAL AND PRACTICAL ASPECTS OF EXTRAORDINARY REVIEW OF THE LEGALITY OF A FINAL JUDGEMENT RENDERED IN AN ADMINISTRATIVE DISPUTE

Abstract

The Request for an Extraordinary Review of the Legality of a Final Judgment (and decision) rendered in an administrative dispute has been in force for more than ten years. Some doubts of this Extraordinary Remedy were resolved, by two legal interventions. However, despite this, a number of doubts remain in its application and conduct, which cannot be resolved by case law. Complete non- regulation and wandering in terms of purpose and goal, are a sign that de lege ferenda is necessary for new legal intervention in this Remedy. Therefore, the purpose of this paper in the part dealing with theoretical analysis is to present the development of Requests for Extraordinary Review of the Legality of a Final Judgment and current legal regulation, with emphasis on its individual, particularly important features - Active legitimacy, Decisions that can be challenged and finally, by acting on the Request. The part dealing with practical aspects of the Request for Extraordinary Review of the Legality of a Final Judgment, presents the relationship between the Request and the assessment of the legality of General acts and current statistics, and an analysis of individual decisions in which the Supreme Court of Republic of Croatia decided on the Request.