Zbornik Radova Pravnog Fakulteta u Splitu (Dec 2015)
The opening of Croatia to the French influences in the legal and institutional order
Abstract
Throughout history, Croatia has always been more open to France than vice versa. The most significant contribution of the French legal and institutional system was achieved at the time of Napoleon. Even though that imprint in the administrative system was brief, and the ideas revolutionary, Napoleon's work and reforms strongly inspired Croatian political thinking and strengthened trends in national affirmation in relation to various hegemonisms which existed at that time. In the constitutional order this French permeation was confirmed during the acquisition of independence. After recognition of Croatia, it needed effective institutions free of antiquated ideology. There was hesitation in the search for references. Neither these nor the models by which Croatian legislators were inspired were proven be suitable, in a certain type of “legal shopping” and mechanical transmission which also did not fit in well. The return to the European and continental models began the journey to the European Union. Croatia, a unitary state, with a continental- European legal tradition, has rediscovered the “French Model”, through strengthening exchange taking into account specific Croatian needs, particularly in the administrative order. The French offer of services and expertise is supported by the highest bodies of the two countries. Everything takes place within an university environment in which appropriate formalisation and the over awaited French –Croatian partnership has been announced with the aim of “remodelling” Croatian administration and its supervision which has become urgent so that Croatia can find its place within the community of European states. Through faithful adaptation of European norms which are strongly influenced by French legal thought, Croatia will overcome sclerotic difficulties and misanthropic reflexes in the government system which damage its international “competiveness” legally and institutionally and consequently economically.
