11 results on '"ADMINISTRATIVE COURT"'
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2. Reasons for omission of enforcement of an administrative judge's verdict and means of legal protection
- Author
-
Alen Rajko
- Subjects
enforcement ,administrative court ,administrative dispute ,administrative discipline ,Law - Abstract
Besides general repercussions of an omission of enforcement of court decisions on the protection of the rights of the parties and on the functioning of the legal system, such an omission in the administrative dispute has additional implications, related primarily to the realization of the constitutional guarantee of judicial review of administrative decisions, the concept of separation of powers, construction of a democratic state, etc. After general considerations of the matter of enforcement of court decisions, the author analyzes the normative framework of the enforcement of judgments of the administrative courts, as well as the evolution of this framework, points out the open questions regarding mentioned regulation, as well as the means of legal protection in case of an omission of enforcement of the verdict.
- Published
- 2015
3. Quality of Administrative Court Decisions
- Author
-
Bosiljka Britvić Vetma
- Subjects
administrative court ,quality of administrative decisions ,Law - Abstract
The aim of this paper is to establish the factors influencing the quality of administrative court decisions. It is claimed that the quality of administrative court decisions does not only depend on the individual, but also on a range of external factors related to carrying out judicial tasks. This is why an attempt is made to explain the meaning of the concept 'quality of administrative court decisions'. Then, an attempt is made to establish the factors which influence their quality. It can be concluded that quality is representative of the process which the administrative judiciary, however independent it may be, can no longer avoid. It is difficult to assess quality administrative court decisions given that awarding a grade implies a range of conflicting factors which make every attempt at systematisation a sensitive matter.
- Published
- 2014
4. Application and evolution of full jurisdiction administrative dispute
- Author
-
Zoran Pičuljan and Bosiljka Britvić Vetma
- Subjects
Administrative Court ,administrative full jurisdiction dispute ,dispute on legality ,Law - Abstract
Starting from the fundamental theoretical orientations of full jurisdiction administrative dispute in law in the Republic of Croatia, an attempt will be made to present important needs. These are bolder and more frequent use of the institution of full jurisdiction, and new solutions in legislature which would encourage more efficient achievement of the aims of administrative full jurisdiction dispute and contribute to more effective legal protection. The motive for this is: quicker dispute resolution. Legal practice must start with a liberal interpretation of the need for legal action, and through the legal claim, upon its own initiative, transform disputes on legality into full jurisdiction disputes. The same motive should also inspire court practice concerning exceeding court orders so that administrative disputes are resolved on the basis of the facts established in administrative proceedings. The court itself must also establish the facts. This task is of decisive importance and comes at a time when human rights are well recognised and protected and when the government by law has obligations towards many public interests that those seeking justice refer to or protest against, depending on the situation. The authority of the administrative court must be a guarantee to the party that his/her rights and duties were decided upon in the best way, Therefore it is emphasised that investing in administrative dispute of full jurisdiction be according to the institution of protection of citizen rights. That is, it is precisely in such disputes that judges traditionally have had the broadest powers. Not only can they quash but they amend, that is, amend the administrative judgement and even replace it with their own judgement. The administrative judge decides simultaneously according to the law and facts under the same conditions as the judicial judge when reaching judgements between private individuals.
- Published
- 2010
5. Some solutions of the new provision of adminitrative disute in croatia
- Author
-
Dario Đerđa
- Subjects
administrative dispute ,administrative court ,subject of dispute ,composition of court ,verbal hearing ,Croatia ,Law - Abstract
The aim of this paper to examine the comparative practice of German and Austrian administrative judicial law and to then compare them with the positive Croatian regulations on administrative disputes, and also with the Administrative Disputes Bill which Parliament after the first reading accepted on July 3, 2009. Hence, an attempt is made to establish how much progress the Croatian administrative judicial law will make by passing this new Act. Due to the limiting sphere of this paper, only some issues related to this Bill will be analysed, that is, those related to the subject of administrative dispute. The basic issue here is of ensuring court protection from administrative actions and then the issue of the composition of the court which will deal with administrative disputes, and finally there is the issue of holding verbal hearings which has sparked much debate between Croatian and foreign legal experts. We hope that this paper will contribute to better understanding of these issues for the Croatian public and also to the possible improvement of some legal solutions.
- Published
- 2010
6. DIRECTIONS OF REFORM OF THE INSTITUTIONAL STRUCTURE OF ADMINISTRATIVE JUDICIARY IN THE REPUBLIC OF CROATIA
- Author
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Dario Đerđa
- Subjects
Administrative justice ,judical review ,administrative court ,Croatia ,Law - Abstract
The aim of this paper is to examine whether Croatia needs institutional reform of the administrative judicial system and which alternatives Croatia has at its disposal if it decides upon this reform. This paper is divided into fi ve parts. After the introductory part, in which the author generally problematises the importance of judicial supervision of the legality of the work of administration and administrative dispute resolution, the state of the institutional structure of administrative dispute resolution in Croatia today is analysed. Then, organisational models of administrative dispute resloution in certain European countries are considered and an attempt is made at trying to establish whether a unitary European model of institutional organisation of administrative judiciary exists. An analysis of possible reform alternatives follows in so far as Croatia decides on such reform. In the conclusion, the author summarises the analysis of the problem areas and models of its possible prevalence.
- Published
- 2008
7. ADMINISTRATIVE DISPUTE RESOLUTION AND ADMINISTRATIVE COURT PRACTICE OF THE REPUBLIC OF CROATIA
- Author
-
Ljiljana Karlovčan-Đurović
- Subjects
administrative court ,Croatia ,administrative justice ,Law - Abstract
In this paper the author reports on the problem areas of administrative dispute resolution which in the Republic of Croatia is regulated by the Administrative Dispute Resolution Act. The aforementioned Act was passed in the former SFRJ in 1977 as a federal law published in the then ‘Stu benom listu SFRJ’, no 4/77. With the Adoption of Administrative Dispute Resolution Act (Narodne Novine, no 53/91) the legal text was adopted into the legal system of the Republic of Croatia and, with its minor amendments, is still in force today.
- Published
- 2008
8. EUROPEAN CONVENTIONS FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS (ART 6) AND ADMINISTRATIVE DISPUTE RESOLUTION
- Author
-
Bosiljka Britvić Vetma
- Subjects
European Convention on Human Rights and Fundamenta Freedoms ,Administrative Court ,administrative dispute resolution ,Law - Abstract
When it is known that the Republic of Croatia hopes to enter the European Union and that it is a member of the Convention for the Protection of Human Rights and Fundamental Freedoms, then, it is perfectly logical that the procedural standards provided by article 6 of the aforementioned Convention must be included in the activity of the Administrative Court. Therefore the provisions of article 6, which are mentioned here and are related to the activity of the European Court of Human Rights, by reform of the Administrative Court of the Republic of Croatia, are necessary due to its joining the European Union.
- Published
- 2008
9. Prava i obveze upravnih sudova – sporna pitanja u praksi
- Author
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Bosiljka Britvić Vetma and Vlaho Bassegli Gozze
- Subjects
Political science ,Law ,Administrative court ,prava, obveze, upravni sud, spor pune jurisdikcije, činjenice u upravnom sporu - Abstract
Pozornost je autora u ovom radu usmjerena, ponajviše, prema upravnom sporu pune jurisdikcije. Zbog važnosti upravnosudske kontrole činjeničnog stanja i zbog postojanja različitih gledišta po tom pitanju, opširnije se prikazuje spor pune jurisdikcije u francuskom upravnom pravu. U članku se ukazuje na važnost novih činjenica u upravnom sporu, posebno ako iste nedvojbeno pokazuju da su različite od činjeničnog stanja utvrđenog u upravnom postupku. U zaključku rada ukazuje se na promjenivost upravnog spora pune jurisdikcije.
- Published
- 2016
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10. Neka rješenja novog uređenja upravnog spora u hrvatskoj
- Author
-
Dario Đerđa
- Subjects
upravni spor ,upravni sud ,predmet spora ,sastav suda ,usmena rasprava ,Hrvatska ,Njemačka ,Austrija ,administrative court ,Croatia ,administrative dispute ,subject of dispute ,composition of court ,verbal hearing ,Germany ,Austria ,lcsh:Law ,lcsh:K - Abstract
Cilj je ovoga rada proučiti usporednu praksu njemačkog i austrijskog upravnosudskog prava te je usporediti s pozitivnim hrvatskim propisima koji uređuju upravne sporove te Prijedlogom Zakona o upravnim sporovima koji je Sabor nakon prvog čitanja prihvatio na sjednici dana 3. srpnja 2009. godine. Time se nastoji utvrditi koliki će odmak učiniti hrvatsko upravnosudsko pravo donošenjem novoga Zakona. Zbog ograničenog opsega ovoga rada analiziraju se samo neka pitanja ovoga Prijedloga Zakona, tj. predmet upravnog spora – kao temeljno pitanje osiguranja sudske zaštite od rada uprave, zatim pitanje sastava suda koji će voditi upravne sporove te, konačno, pitanje održavanja usmene rasprave, koja su pobudila žestoke rasprave između hrvatskih i stranih pravnih stručnjaka. Nadamo se da će ovaj rad doprinijeti boljem razumijevanju ovih pitanja u hrvatskoj javnosti, ali i eventualnom poboljšavanju nekih zakonskih rješenja., The aim of this paper to examine the comparative practice of German and Austrian administrative judicial law and to then compare them with the positive Croatian regulations on administrative disputes, and also with the Administrative Disputes Bill which Parliament after the first reading accepted on July 3, 2009. Hence, an attempt is made to establish how much progress the Croatian administrative judicial law will make by passing this new Act. Due to the limiting sphere of this paper, only some issues related to this Bill will be analysed, that is, those related to the subject of administrative dispute. The basic issue here is of ensuring court protection from administrative actions and then the issue of the composition of the court which will deal with administrative disputes, and finally there is the issue of holding verbal hearings which has sparked much debate between Croatian and foreign legal experts. We hope that this paper will contribute to better understanding of these issues for the Croatian public and also to the possible improvement of some legal solutions.
- Published
- 2010
11. EUROPEAN CONVENTIONS FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS (ART 6) AND ADMINISTRATIVE DISPUTE RESOLUTION
- Author
-
Britvić Vetma, Bosiljka
- Subjects
Europska konvencija o ljudskim pravima i temeljnim slobodama, Upravni sud, upravni spor ,Europska konvencija o ljudskim pravima i temeljnim slobodama ,Upravni sud ,upravni spor ,European Convention on Human Rights and Fundamenta Freedoms ,Administrative Court ,administrative dispute resolution - Abstract
Kada se zna da Republika Hrvatska pretendira na ulazak u Europsku uniju, te da je članica Konvencije za zaštitu ljudskih prava i temeljnih sloboda onda je sasvim logično da procesne standarde predviđene člankom 6. navedene Konvencije treba uključiti u djelovanje svog Upravnog suda. Stoga su odredbe članka 6. koje su ovdje naznačene, a u svezi su s djelovanjem Europskog suda za ljudska prava, i reformom Upravnog suda Republike Hrvatske, nužne radi njenog priključivanja Europskoj uniji., When it is known that the Republic of Croatia hopes to enter the European Union and that it is a member of the Convention for the Protection of Human Rights and Fundamental Freedoms, then, it is perfectly logical that the procedural standards provided by article 6 of the aforementioned Convention must be included in the activity of the Administrative Court. Therefore the provisions of article 6, which are mentioned here and are related to the activity of the European Court of Human Rights, by reform of the Administrative Court of the Republic of Croatia, are necessary due to its joining the European Union.
- Published
- 2008
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