Dilemmas in the application of the new law on administrative dispute resolution

• Main Author: Lidija Rostaš-Beroš
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2013-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: Law on adminsitrative dispute resolution; application
• Online Access: http://hrcak.srce.hr/file/152579

This paper points out a few dilemmas and open questions which have arisen over the short application of the new Administrative Dispute Resolution Act. Firstly, the question of the wellfoundedness of the Administrative Dispute Resolution Act’s provisions is posed. These deem that first instance administrative courts in principle reach decisions with a council of three judges. Furthermore, only in exceptional circumstances in regulated cases can decisions be reached by an individual judge, Then, attention is given to the legal regulation of undertaking activity for the defendant in an administrative dispute and to the regulated principle that the administrative court, in the case that the defendant’s case is successful, must alone resolve the administrative subject. The dilemma of whether the High Administrative Court of the Republic of Croatia should resolve appeals against procedural decisions by adjudication or by court decision has also arisen.