We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
ULOGA UPRAVNIH SUDOVA I SUDA EUROPSKE UNIJE U KREIRANJU PRAVNIH PROPISA I UPRAVNOSUDSKE PRAKSE.
- Authors
Vetma, Bosiljka Britvić
- Abstract
This paper primarily deals with the role of administrative courts in the creation of legal regulations. How legal regulations are interpreted is emphasised as is how the quality of interpretation also defines the quality of court practice. The author emphasises that it is not always an easy task. How court practice is not a legal but also a social phenomenon is mentioned. So too are all relations that require legislative intervention. They can offer the judge the opportunity to develop rules of court practice. Even though court practice can never replace the legal rule, it is certainly a logical continuation or extension of legal rules and even an indispensable addition. Therefore, it is court practice's subject of interest which is as varied as the subject of legal rules' interest. That is why the contribution of administrative court practice and its role is equally as important in the life of the individual as it is in public life. Given that the rule is maintained in the judgement, the judgement should as precisely as possible express the real meaning of the law and the thought of the judge who applies that law. The totality of the judgement should comprise a harmonised whole. The explanation gives the decision legitimacy and at the same time explains it. The author also analyses the limits of the application of the judgement of the European Union Court. This includes the interpretative role as well as which obligations the European Union Court judgement sets before the member state and its citizens. At the same time, it points out how national administrative judges should behave towards them.
- Publication
Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci, 2019, Vol 40, Issue 1, p399
- ISSN
1330-349X
- Publication type
Article
- DOI
10.30925/zpfsr.40.1.15