Protection from other forms of conduct of public law bodies in Croatia Cover Image

Zaštita od drugih oblika postupanja javnopravnih tijela u Hrvatskoj
Protection from other forms of conduct of public law bodies in Croatia

Author(s): Alen Rajko
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Republic of Croatia; General Administrative Procedure Act; public law bodies; law;

Summary/Abstract: The new Croatian General Administrative Procedure Act came into force on 1st January 2010. Among the provisions contained in the Act is the new institute of protection from other forms of conduct of public law bodies (Article 156). This institute was incorporated into the Act in an effort to provide a “general subsidiary protection” from administrative conducts. The author analyzes the following issues relevant to the implementation of that institute. First, how the difficulties in defining the administrative law are affecting the implementation of the said institute? Secondly, can the provisions of special legislation exclude the implementation of the Article 156, while if there is no other adequate access to the court? Third, what is the real scope of the provisions of mentioned Article? Fourth, on the normative level, which are the main shortcomings of the existing norms and how they can be rectified?

  • Issue Year: 2/2011
  • Issue No: 5
  • Page Range: 78-88
  • Page Count: 11
  • Language: Bosnian, Croatian, Serbian