THE RECEIVEABILITY OF A REVISION AGAINST A FINAL DECISION ON THE COSTS OF CIVIL PROCEDURES – AN ANALYSIS OF JURISPRUDENCE OF CROATIA'S SUPREME COURT AND CONSTITUTIONAL COURT, AND THE EUROPEAN COURT OF HUMAN RIGHTS Cover Image

DOPUŠTENOST REVIZIJE PROTIV ODLUKE (RJEŠENJA) O TROŠKOVIMA PARNIČNOG POSTUPKA – KROZ STAJALIŠTA VRHOVNOG SUDA REPUBLIKE HRVATSKE, USTAVNOG SUDA REPUBLIKE HRVATSKE I EUROPSKOG SUDA ZA LJUDSKA PRAVA
THE RECEIVEABILITY OF A REVISION AGAINST A FINAL DECISION ON THE COSTS OF CIVIL PROCEDURES – AN ANALYSIS OF JURISPRUDENCE OF CROATIA'S SUPREME COURT AND CONSTITUTIONAL COURT, AND THE EUROPEAN COURT OF HUMAN RIGHTS

Author(s): Renata Grgić Tolj, Matea Grgić
Subject(s): Constitutional Law, EU-Legislation
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Costs; revision; Supreme Court; Constitutional Court; ECt- HR; access to court; jurisprudence; arbitrarness;

Summary/Abstract: This article analyses the Croatian jurisprudence on the receiveability of a revision against a final decision on the costs of civil procedures.By invoking the European Convention on Human Rights and Fundamental Freedoms and the Constitution of the republic of Croatia, the authors argue in favor of the receivability of revision. They give an insight in the historical development of the jurisprudence in this area of law. They furthermore make an analysis of recent jurisprudence of both Croatia’s Supreme Court and Constitutional Court, and the European Court of Human Rights (ECt- HR).Recent decisions of Croatia’s Constitutional Court and the EctHR triggered the interest of legal theory and practice. Regular courts and legal writers started scrutinizing the question on the meaning and the nature of the decision on costs.The puzzle that remains unsolved concerns the sudden change of course in the Supreme Court’s jurisprudence. The authors wonder if the reasons given by the Supreme Court follow the modern, democratic developments in contemporary jurisprudence.

  • Issue Year: 9/2016
  • Issue No: 17
  • Page Range: 253-275
  • Page Count: 23
  • Language: Bosnian
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