SPECIFIČNOSTI POSEBNOG UPRAVNOG POSTUPKA U NADLEŽNOSTI AGENCIJE ZA ZAŠTITU TRŽIŠNOG NATJECANJA I UPRAVNOSUDSKE ZAŠTITE
SPECIFICITIES OF THE SPECIAL ADMINISTRATIVE PROCEDURE WITHIN THE CROATIAN COMPETITION AGENCY AND ADMINISTRATIVE-JUDICIAL PROTECTION

Summary/Abstract: The purpose of the paper is to analyse, through the application of the normative method, the basic procedural provisions and present the specific features of the special administrative procedure under the jurisdiction of the Croatian Competition Agency (hereinafter: the Agency) and to highlight certain misdemeanour-administrative elements. Furthermore, the Competition Act will be compared with previous legal versions, in terms of the legal position and powers of the Agency. It points out the specific features that stand out in terms of legal protection following the single-instance administrative procedure before the Agency. Further legal protection against the decision is achieved within the framework of an administrative dispute, initiated by filing a lawsuit directly with the High Administrative Court of the Republic of Croatia (hereinafter: the HAC). Therefore, the paper examines the justification of the form of administrative-judicial protection in a single-instance administrative dispute entrusted to the HAC, which constitutes an exception. The table presents and analyses the statistical data provided by the HAC in the period from 2013 to 2022, regarding disputes over the legality of the Agency’s decisions. Finally, considerations and conclusions are presented in relation to the prominent research subject.

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