Expenditure on administrative dispute in Croatia – Legislative step back Cover Image

Troškovi upravnog spora u Hrvatskoj – legislativni korak unatrag
Expenditure on administrative dispute in Croatia – Legislative step back

Author(s): Alen Rajko
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Fondacija Centar za javno pravo
Keywords: Republic of Croatia; Administrative dispute; Legislation; Law;

Summary/Abstract: After less than a year since the new Administrative Disputes Act had entered into force, Croatian legislator has abandoned the concept of the reimbursement of costs in proportion of the success in the dispute, and brought back a model whereby each party shall bear its own costs regardless of the outcome of the dispute. At the same time, the applicable system of court fees is partially inadequate. The author analyzes the implications of such a normative situation, on the one hand on several legally relevant issues (e.g. on the exercise of the right to a fair trial), and on the other hand on stimulating unreasonable entry to dispute. The author also proposes a few measures to improve the mentioned regulation.

  • Issue Year: 4/2013
  • Issue No: 12
  • Page Range: 31-36
  • Page Count: 6
  • Language: Bosnian, Croatian, Serbian