The appeal in an administrative dispute

Abstract

This article considers the introduction of the dual system of administrative judiciary in Croatia in 2010. The need to introduce appeals in the administrative court system is established as are the limitations related to this institute. Firstly, limitations to initiating appeals against judicial decisions are considered. Then, the placement of some first instance administrative disputes under the authority of the High Administrative Court of the Republic of Croatia is considered as is, finally, limiting initiating appeals against some kinds of administrative court decisions. Furthermore, the reasons and disadvantages of the so called 'filters' for initiating appeals against first instance administrative court decisions are expounded. This paper also considers the comparative legal institutes related to legally initiating appeals in administrative disputes and establishes the extent to which Croatian positive law is harmonised with or deviates from accepted legal solutions in other European countries. In the conclusion, the authors suggest necessary interventions in the Administrative Dispute Act.

Keywords

• administrative dispute
• appeals
• filter
• Croatia