Odluka o nedavanju vjerodostojnog tumačenja – novi izvor prava?
Decision on Not Giving Authentic Interpretation - A New Source of Law?

Author(s): Teodor Antić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Government/Political systems
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; legal norm; authentic interpretation; parliament; Republic of Croatia;
Summary/Abstract: The paper analyses new legal enactment in the Croatian legal system introduced by the Croatian Parliament, i.e. a decision by which it rejects to give the authentic interpretation of a particular legal norm. Such a decision has limited implementation: by the nature of things, it may only be passed in cases when there are no doubts or uncertainties about the implementation of the legal norm in matter, so there are no reasons for the interpretation because everybody agrees on its meaning. However, in its previous practice the Parliament has exceeded these limits which has often caused new problems in the implementation of related legal norms. The fundamental error in these decisions stems from the contradiction between their pronouncement and the statement of reasons. In the pronouncement the Parliament explicitly rejects to give the authentic interpretation of the legal norm in matter. But at the same time, in the statement of reasons it regularly gives explanation of the meaning of this legal norm, thereby providing the interpretation. This error has serious implications. The interpretation of the legal norm given in these decisions cannot have any legal power and effect, although it is passed by the Parliament. Consequently, these decisions cannot be deemed the general source of law.

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