Request for extraordinary review of the legality of a final judgment: New legal aid in the Croatian Law on administrative disputes Cover Image

Zahtjev za izvanredno preispitivanje zakonitosti pravomoćne presude: Novo pravno sredstvo u hrvatskom Zakonu o upravnim sporovima
Request for extraordinary review of the legality of a final judgment: New legal aid in the Croatian Law on administrative disputes

Author(s): Ivan Šprajc
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Fondacija Centar za javno pravo
Keywords: Republic of Croatia; Administrative disputes; Law; Judgment;

Summary/Abstract: In the paper the author shows an extraordinary remedy in the new Croatian Law on Administrative Disputes – a request for extraordinary review of the legality of a final judgment. Basic features of this remedy are pointed out in the text and special attention is paid to its incomplete normative structure. Consequently, the application of the remedy is possible only after numerous legal gaps are appropriately filled and after an appropriate interpretation of existing provisions. By using these methods the author concludes about basic characteristics of the remedy and about the proceedings that has to be carried out once the remedy is used. In conclusion, the author advocates for amending of article 78 of the Law on Administrative Disputes which contains a request for extraordinary review of the legality of a final judgment.

  • Issue Year: 3/2012
  • Issue No: 9
  • Page Range: 58-80
  • Page Count: 23
  • Language: Bosnian, Croatian, Serbian