Legal Protection from Acts of Disposal in the Legal System of the Republic of Croatia
Legal Protection from Acts of Disposal in the Legal System of the Republic of Croatia

Author(s): Dario Đerđa
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: Republic of Croatia; legal protection; acts of disposal in the legal system
Summary/Abstract: This paper aims to show the illogicality of excluding some decisions of administrative bodies in Croatia from the scope of legal protection by misclassifying them into a separate category. To this end, the paper first presents the mechanisms for ensuring the legality of administrative bodies’ actions. Then, it presents the ways of legislative determination of the legal nature of administrative decisions, thereby emphasizing the practical consequences of the legislator’s inconsistent approach. Cases are analyzed in which the Constitutional Court of the Republic of Croatia, after three decades, decided to underscore the inadmissibility of a narrow interpretation of the legal nature of some administrative decisions and the need for comprehensive judicial protection of individuals’ rights from any administrative decision. Finally, the paper proves that there is no justifiable reason to exclude some acts of disposal from administrative courts’ scope of legal protection, contrary to the legislator’s understanding.

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