
Contents
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I. Introduction I. Introduction
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1. Croatia as a Member of the Council of Europe 1. Croatia as a Member of the Council of Europe
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2. The Process of Croatian Accession to the European Union 2. The Process of Croatian Accession to the European Union
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3. Research and Education on the Case Law of the ECtHR and the Impact of the ‘CoE law’ on the Croatian Legal Order 3. Research and Education on the Case Law of the ECtHR and the Impact of the ‘CoE law’ on the Croatian Legal Order
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II. Reception of the Pan-European General Principles of Good Administration through Ratifying CoE Conventions II. Reception of the Pan-European General Principles of Good Administration through Ratifying CoE Conventions
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1. CoE Conventions Ratified by Croatia 1. CoE Conventions Ratified by Croatia
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2. The Status of International Treaties in the Croatian Constitutional Legal Order 2. The Status of International Treaties in the Croatian Constitutional Legal Order
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III. Reception of the Pan-European General Principles of Good Administration by the Croatian Legislator III. Reception of the Pan-European General Principles of Good Administration by the Croatian Legislator
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IV. Reception of the Pan-European General Principles of Good Administration through the Application of the ECHR by the Croatian Constitutional Court, the Administrative Courts, and the Administration IV. Reception of the Pan-European General Principles of Good Administration through the Application of the ECHR by the Croatian Constitutional Court, the Administrative Courts, and the Administration
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1. Case Law of the ECtHR with respect to Croatia in Administrative Law Matters 1. Case Law of the ECtHR with respect to Croatia in Administrative Law Matters
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2. Application of the ECHR and the Case Law of the ECtHR by the Croatian Constitutional Court, Administrative Courts, and Administration 2. Application of the ECHR and the Case Law of the ECtHR by the Croatian Constitutional Court, Administrative Courts, and Administration
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3. Application of the ECHR and the Case Law of the ECtHR by the Croatian Ombudsperson 3. Application of the ECHR and the Case Law of the ECtHR by the Croatian Ombudsperson
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V. Direct Application of the Pan-European General Principles of Good Administration ‘faute de mieux’ in Croatia V. Direct Application of the Pan-European General Principles of Good Administration ‘faute de mieux’ in Croatia
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VI. Conclusion VI. Conclusion
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List of Croatian Abbreviations Used in this Chapter List of Croatian Abbreviations Used in this Chapter
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27 The Impact of the Pan-European General Principles of Good Administration on Croatian Administrative Law: Arising from the Case Law of the Croatian Constitutional Court
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Published:September 2020
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Abstract
This chapter discusses the impact of the pan-European general principles of good administration on the Croatian legal system. It discloses that such an impact is especially discernible in the field of administrative proceedings as Croatia had to reform the system thereof in order to stay in line with Article 6 of the European Convention on Human Rights. However, it goes on to reveal that the case law of the Croatian administrative courts shows that, to a certain extent, a lack of knowledge of the said principles persists. This can be attributed to the cases of overly formalistic applications of law stemming from a deep-rooted legacy of ‘passive’ administration that calls for change.
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