Zaštita od drugih oblika postupanja javnopravnih tijela u Hrvatskoj – koristan, ali loše normiran upravnoprocesni institut
Protection from Other Forms of Treatment of Public Law Bodies in Croatia - a useful but poorly standardized administrative process institute

Author(s): Alen Rajko
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution;Croatian General Administrative Procedure Act; public law bodies; protection from other forms of conduct; administrative law; ZUP; Law on Administrative Procedure; Republic of Croatia;
Summary/Abstract: The new Croatian General Administrative Procedure Act came into force on 1st January 2010. Among the provisions contained in the Act is the new institute of protection from other forms of conduct of public law bodies (Article 156). This institute was incorporated into the Act in an effort to provide a „general subsidiary protection“ from administrative conducts. The author analyzes the following issues relevant to the implementation of that institute. First, how the difficulties in defining the administrative law are affecting the implementation of the said institute? Secondly, can the provisions of special legislation exclude the implementation of the Article 156, while if there is no other adequate access to the court? Third, what is the real scope of the provisions of mentioned Article? Fourth, on the normative level, which are the main shortcomings of the existing norms and how they can be rectified?

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