Nooses of Harmonization of Domestic Regulations with Legal Heritage of European Union Cover Image

Zamke usaglašavanјa domaćih propisa sa pravnom tekovinom Evropske Unije
Nooses of Harmonization of Domestic Regulations with Legal Heritage of European Union

Through Example of Unconstitutionality of One Domestic Legal Institute

Author(s): Milan Blagojević
Subject(s): Constitutional Law, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: constitutionality; rule of law; unconstitutionality; transposition of law; harmonization of law; default judgement

Summary/Abstract: In this paper the author writes on one topic which is not writen about so far at us. It is word on appearance that during harmonization of domestic regulations with the law of European Union, law of the EU is very often uncritically transposed into domestic legal order. As a consequence, i.e. due to that it is not posible to realise some human rihgts, and in practice it leads to the violating of these rights as well. This thesis is corroborated by example from Republic of Croatia. In central part of the paper domestic legal institute of default judgement is subjected to the constitutional-legal critique in a way which points out unconstitutionality and irationality of that institute. In the final part the author has given proposals how to remove such irregularities in a way which enables harmony in domestic legal order and it is not contrary to the legal heritage of European Union.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 169-182
  • Page Count: 14
  • Language: Serbian