Modernizacija upravnega spora na Hrvaškem : med normativnim napredkom in sistemskimi dilemami

slovenian

2026

volume 52, issue 5

administrative dispute   comparative legal analysis   Croatian Administrative Disputes Act   effectiveness of judicial protection   subsidiary application of civil procedure rules

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

This article examines the novelties introduced by the Croatian Administrative Disputes Act, which came into force on 1 July 2024. The Act’s central feature is its comprehensive regulation of administrative judicial review. This reform has abolished the subsidiary application of civil procedure provisions, a practice that caused difficulties in Croatian case law. The discussion begins with a brief historical overview of the development of judicial review of administration in Croatia. This is followed by an analysis of selected procedural institutions that have either been modernised or newly regulated. These institutions are presented in accordance with the structure of the Act, starting with general provisions and moving on to parties and their representation, first-instance proceedings, legal remedies, costs of proceedings, and the enforcement of judicial decisions. The authors critically assess selected institutions from the perspective of the effectiveness of judicial protection as well as the potential transfer of certain solutions into the Slovenian legal system. The challenges faced by the Croatian administrative judiciary are, to a certain extent, comparable to those encountered in administrative judicial review proceedings in Slovenia. In particular, the unsystematic regulation of time limits for adjudication by administrative courts within sectoral legislation. The absence of rules on the classification of cases according to the urgency of judicial intervention means that less urgent cases place a comparable burden on the courts as more complex matters, thereby reducing the effectiveness of judicial protection.

12.10.2026