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  • NOVI OPCI UPRAVNI POSTUPNIK...
    Babac, Branko

    Pravni vjesnik, 07/2010, Letnik: 26, Številka: 3/4
    Journal Article

    General administrative procedure system established in the Republic of Croatia in 1991 -with the Law on Acceptance of Law on General Administrative Procedure (Narodne Movine no. 53/91, 103/96 - hereinafter: Z.U.P. - 91) may be considered 'temporary', regardless of the fact that system arranging lasted for a quite long period of time - since 8 October 1991 (the day Croatia proclaimed independence) until 31 December 2009 (as the final day of the law validity, until 1 January 2010 as the day the (new) Law on General Administrative Procedure came into effect - Narodne Novine no. 47/09, hereinafter: Z.U.P. - 09). In this regard it should be noted that arranging of administrative-judicial procedure was also 'temporary'. Thus the Law on Acceptance of Law on Administrative Disputes (Narodne Novine no. 53/91, 9/92, 77/92, hereinafter: Z.U.S. - 91) has recently been substituted by the new Law on Administrative Disputes (Narodne Novine no. 20/10, hereinafter Z.U.S. -10), which is to come into effect not before 1 January 2012 (Article 92, Z.U.S. -10). It is surely necessary to interpret the meaning of numerous Z.U.P.-og institutes, however for the aim of this paper concerning the need to enhance the 'public-legal judgements', three observations have been chosen, referring to their meaning: firstly, procedure correlations to theoretical thinking on single acts of public authorities and bodies or legal persons with public authorities; secondly, in relation to new concept development of an administrative dispute in accordance with securing 'general judicial review of public authority or bodies or legal persons with public authorities and rendering public services; thirdly, in relation to the principle of 'protecting the acquired party rights.' The article comprises five (5) parts as follows: 1. On advantages and disadvantages of new general administrative procedure concerning the promotion of 'public-legal judgements' (...-...). 2. On 'general judicial review' (...-...). 3. The exhaustion of the 'prior legal ways' entangled with 'general judicial review" (...-...). 4. On meaning of some public-legal versions by rule of the new administrative-judicial procedure (...-...). 5. Final assessment and analyses - 'Administrative decision making' and 'administrative system ' (...-...). PUBLICATION ABSTRACT