Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2012)
Differentiation of provisions and general acts in the future practice of the Constitutional Court and Administrative Court upon the occasion of the Administration Dispute Resolution Act 2010
Abstract
With the Administrative Dispute Resolution Act of 2010 in Croatian legal order ,the institute of objective administrative dispute the subject of which is the “general act „was introduced. Pursuant to this Act, the High Administrative Court in 2012 in supervision was assessed as having legality of general acts. The fundamental crossroads of the Croatian constitutional judiciary is the abstract grade of constitutionality of law and constitutionality and legality of law and other provisions. Related to this, the question was posed of determining boundaries of authority between the High Administrative Court and Constitutional Court in the Republic of Croatia. Both courts have objective dispute resolution in their jurisdiction, the aim of which is to protect the objective legal order which demarcates the answer to the question of: is something a general act or a provision?’ The problem of their mutual demarcation is conditioned by the long standing practice of the Constitutional Court which, because of the necessity of ensuring unity of the legal order, often eliminated the differences between them.The aim of this paper is to give an overview of the state to date of Croatian legislations in the area of court control of general acts, analysing some aspects of legal regulation and to, within the boundaries of the foreseeable, provide responses to the questions which arise in the area of their application.
