Neovisnost sudaca kao postulat pravne države: njemačka iskustva, hrvatski problemi
JUDGES' AUTONOMY AS A POSTULATE OF THE STATE GOVERNED BY LAW: GERMAN PRACTICE, CROATIAN DIFFICULTIES

Summary/Abstract: The author deals with one of the “classic” components of the state governed by law — the principle of judges' autonomy — on the example of German legal system and its practice after the unification of 1990. Following a short outline of the evolution of the postulate of judges' autonomy, the author depicts the institutional framework of the present-day German judiciary, and then the quandaries ensuing from the unification of the legal systems of the two Germanies. Finally, the author describes Croatian problems. The Republic of Croatia, as a country in transition, and due to the specific circumstances caused by the Patriotic War, has found itself in a similar predicament. It has responded to these challenges, but not as successfully as Germany.

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