=
=
CARDS
2004 Twinning Project
Support
to more efficient, effective and modern operation and functioning of t=
he
Administrative Court of the
Dra=
ft Law
on Administrative Court Procedure
Note:
All referrals to the Law on General Administrative Proceedings are based on=
the
draft from 18 September 2008.
The draft was prepared by a workin=
g group of
Austrian and German experts and submitted to the Ministry of Justice on 13 =
February
2009.
Members of the working group:
The working group was assisted wit=
h the
translation of the draft and the research of Croatian law by the following
members of the Administrative Court of the
Gordana Marušić Babi=
3;, RTA
Counterpart and Judge at the Administrative Court of the
Law on Administrative Court Procedure
Table of Contents
Part 1 &=
nbsp; General
provisions
Article 1 =
Goals
of the law
Article 2 =
Scope
of the law
Article 3 =
General
principles
Part 2 =
O=
rganization
of the administrative jurisdiction
Article 4 =
Administrative
courts
Article 5 =
Composition
of administrative courts
Part 3 &=
nbsp; Jurisdiction
Article 6 =
Jurisdiction
of administrative courts of first instance
Article 7 =
Territorial
jurisdiction
Article 8 =
Jurisdiction
of the Supreme Administrative Court of the
Article 9 =
Referral
of cases between administrative courts
Article 10 Refer=
ral of
cases to courts of other jurisdictions
Article 11 Forwa=
rding
of cases to the Constitutional Court of the
Part 4 &=
nbsp; Types
of actions
Article 12 Types=
of
actions
Article&=
nbsp;13 Subje=
ct of
actions for the repeal of an administrative act and actions for the issuanc=
e of
an administrative act
Article 14 &nb=
sp; Standing
to sue
Article 15 Compl=
etion
of administrative remedy procedure
Article 16 Admin=
istrative
inaction
Article 17 Deadl=
ines
for filing an action
Article 18 Proce=
dural
orders issued by administrative bodies
Article 19 Actio=
n for
the control of the constitutionality and the legality of general acts
Part 5 &nb=
sp; General
provisions on procedure
Article 20 Capac=
ity to
be a party and procedural capacity
Article 21 Parti=
es
Article 22 Summo=
ns to
join the proceedings
Article&n=
bsp;23 Actio=
ns
against public authorities
Article 24 Servi=
ce of
documents
Article&n=
bsp;25 Deadl=
ines
Article&n=
bsp;26 Reins=
tatement
Article&n=
bsp;27 Elect=
ronic
communication
Article&n=
bsp;28 Servi=
ce of
electronic documents
Article&n=
bsp;29 Elect=
ronic
files
Article&n=
bsp;30 Acces=
s to
electronic files
Part 6 &=
nbsp; First
instance proceedings
Article 31 Filin=
g of
an action
Article 32 Actio=
ns
from abroad
Article 33 Conte=
nt of
the statement of claim
Article 34 Servi=
ce of
the statement of claim
Article 35 Right=
to be
heard
Article 36 Inqui=
sitorial
principle
Article 37 Bindi=
ng
effect of the plaintiff’s claim
Article 38 Duty =
to
advise the parties
Article 39 Prepa=
ration
of the oral hearing
Article 40 Decis=
ions
by the reporting judge
Article 41 Oblig=
ation
to forward documents and files and to provide information
Article 42 Acces=
s to
files
Article 43 Exclu=
sion
of late pleadings
Article 44 Amend=
ment
of the action
Article 45 Princ=
iple
of public oral hearing
Article 46 Judgment without public oral
hearing without consent of the parties
Article 47 Summo=
ns to
hearings
Article 48 Appea=
rance
in person
Article 49 Proce=
dure
at hearings
Article 50 Takin=
g of
evidence
Article 51 Withd=
rawal
of the action
Article 52 Ackno=
wledgement
of the claim
Article 53 Amend=
ment
of the administrative act
Article 54 Court
settlement
Article 55 Media=
tion
Article 56 Suspe=
nsion
of proceedings
Article 57 Pilot
proceedings
=
Part 7 &nb= sp; Decisions<= o:p>
Article 58 Types=
of
decisions
Article&n=
bsp;59 Basis=
of
decisions
Article 60 Compo=
sition
of the bench
Article 61 Delib=
eration
and voting
Article 62 Issuing of decisions
Article 63 Content of decisions
Article 64 Corre=
ction
of obvious errors
Article 65 Compl=
ementation
of decisions
Article 66 Opera=
tive
part of the judgment – action for the repeal of an administrative act=
Article 67 Opera=
tive
part of the judgment – action for the issuance of an administrative a=
ct
Article 68 Opera=
tive
part of the judgment – action on the declaration of the unlawfulness =
of a
ceased administrative act
Article 69 Opera=
tive
part of the judgment – action for performance
Article 70 Opera=
tive
part of the judgment – declaratory action
Article&n=
bsp;71 Opera=
tive
part of the judgment – complementary provisions
Article 72 Control of discretion
Article 73 Violation of procedural rule=
s in
administrative proceedings
Article 74 Opera=
tive
part of the judgment – action for the control of the constitutionality
and legality of general acts
Article 75 Res judicata effect
=
Part 8 &nb=
sp; Legal
remedies
Article 77 Right to appeal
Article 78 Complementary provisions
Article 79 Public oral hearing in appeal
proceedings
Article 80 Exclusion of late pleadings =
in
appeal proceedings
Article 81 Complaint
Article 82 Suspending effect of complai=
nts
=
Part 9 &=
nbsp; Reopening
of proceedings
Article 83 Reopening of proceedings
Article 8=
4 Deadl=
ine
for the filing of a motion for reopening
Article 85 Filing of a motion for reope=
ning
Article 86 Decision on the motion for
reopening
Article 87 Complementary provisions
Part 10 &nbs=
p; Provisional
proceedings
Article 88 Suspe=
nding
effect
Article 89 Resto=
ration,
ordering and declaration of the suspending effect
Article 90 Admin=
istrative
acts affecting third parties
Article 91 &n=
bsp; Temporary
injunctions
Article 92 &n=
bsp; Complementary
provisions
=
Part 11 &=
nbsp; Costs
of proceedings
Article 93 Decision on the apportionmen=
t of
costs
Article 94 Legal remedy against decisio=
ns
on the apportionment of costs
Article 95 Principles for the apportion=
ment
of costs
Artic=
le
96 Third
parties
Artic=
le
97 Withdrawal,
acknowledgement and court settlement
Artic=
le
98 Administrative
inaction
Artic=
le
99 Reopening
of proceedings and reinstatement
Article 100 Failure to take
evidence in administrative proceedings
Article 101 Costs based on fa=
ult
Article 1=
02 Violation of proc=
edural
rules in administrative proceedings
Article 103 Distribution of c=
osts
between several parties
Article 104 Reimbursable cost=
s
Article 105 Determination of
reimbursable costs
Artic=
le
106 Complaint
against rulings on the determination of reimbursable costs
Part 12 &=
nbsp; Enforcement
Article 107&nbs=
p; General
Provisions
Article 108 Enforceable titles
Artic=
le 109 Enforcement again=
st
individuals, legal entities and other entities entitled to sue
Article 110 Enforcement against administrative bodie=
s
Article 111 Penalty fines
Article 112 Issuance of administrative acts by the c=
ourt
Article 113 Commissioner
=
Part 13 &=
nbsp; Complementary
provision
Artic=
le
114 Referenc=
e to
the Civil Procedure Act
Part 13 =
; Transitional
and concluding provisions
Article 115&nbs=
p; Supreme
Administrative Court of the
Article 116 Establishment of new administrative cour=
ts
of first instance
Artic=
le 117 Delegation of jud=
ges to
the Administrative Court of the
Article 118&nbs=
p; Pro=
ceedings
on a request for the protection of constitutionally guaranteed human rights=
and
fundamental liberties=
Article 119 Pending cases
Article 120 Entering into force
Article 121 Expiration of the Law on Administrative
Disputes
Part 1 =
General
provisions
Article 1&nbs=
p; Goals
of the law
=
In order
to ensure judicial protection of the rights and legal interests of individu=
als,
legal entities and other entities entitled to sue and in order to ensure the
legality of administrative measures the administrative courts decide in
administrative court proceedings.
Article 2 Scope
of the law
=
(1) This
law applies in administrative court proceedings.
(2) Administrative c=
ourt
proceedings comprise all proceedings concerning administrative matter unless
such a matter is assigned by law to any other court than an administrative
court
(3) Provisions in sp=
ecific
laws which deviate from provisions of this law remain unaffected
Article 3&nbs=
p; General
principles
=
(1)
Administrative court proceedings have to be conducted in conformity with the
right to a fair trial.
=
(2) The
parties are entitled to a public oral hearing before at least one court
instance.
(3) Administrative courts are obliged to conclu=
de
proceedings within a reasonable time.
=
(4)
Administrative courts are entitled and obliged to establish facts themselve=
s,
if facts are not clear or disputed.
(5) Administrative c=
ourts
are not limited to cassatory decisions, but are also competent to impose
obligations on state bodies, bodies of units of local or territorial self g=
overnment
or other public bodies which do not have the character of a legal entity and
their territorial units and branches (in the following: administrative bodi=
es).
=
Part 2 =
Organization
of the administrative jurisdiction
Article 4&nbs=
p; Administrative
courts
(1) Administrative jurisdiction is
exercised by administrative courts. Administrative courts are administrative
courts of first instance and the Supreme Administrative Court of the
&nb=
sp;
(2) Administrative courts are independent of and separated from public
administration.
Article 5 Composition
of administrative courts
=
(1)
Administrative courts decide in chambers of three judges.
(2) At an administrative court of first instance the chamber can by
ruling assign cases to one of its members as a single judge, if these cases=
do
not display any particular complications of a factual or legal nature and if
they are not of general importance. This ruling is non‑appealable. An
appeal against a judgment cannot be based on the fact that a case has not b=
een
assigned to a single judge.
(3) A case must not =
be
assigned to a single judge if an oral hearing before the chamber has already
taken place.
=
&nb= sp;
Part 3 &=
nbsp; Jurisdiction
Article 6 Jurisdiction
of administrative courts of first instance
=
The
administrative courts of first instance adjudicate on all administrative co=
urt
proceedings unless they are assigned to the
Article 7 Territorial
jurisdiction
=
(1) In
proceedings regarding immovable property or a legal issue connected to a
certain place, territorial jurisdiction lies with the administrative court =
of
first instance within whose district the immovable property or the place is
located.
=
(2) In
proceedings regarding ships and aircrafts under the Croatian flag or in
proceedings the reasons of which arose on such a ship or aircraft territori=
al
jurisdiction lies with the administrative court of first instance within wh=
ose
district the home port of the ship or the home airport of the airplane are
located.
(3) In proceedings regarding
1. social law,
=
2.
financial law as far as customs duties and state taxes are concerned,
=
3. the right of access to informat=
ion,
4. civil servant law or
&n=
bsp;
5. administrative measures by prof=
essional
associations
=
territorial
jurisdiction lies with the administrative court of first instance within wh=
ose
district the plaintiff has his/her legal residence, his/her habitual reside=
nce
or his/her seat.
(4)
In all other cases, the territorial jurisdiction lies with the administrati=
ve
court of first instance within whose district the first instance administra=
tive
body or the branch office of this body that has taken or refused to take or
omitted an administrative measure has its seat.
(5) The
Article 8 =
Jurisdiction
of the Supreme Administrative Court of the
=
(1) The
&nb=
sp;
1. appeals against judgments of the administrative courts of first
instance,
2. complaints against rulings of the administra=
tive courts
of first instance.
=
(2) The
1. the control of the constitutionality and the
legality of general acts which are not comprised by the term “other
regulations” in Art. 128 indent 2 of the Constitution of the
2. decisions of the National Judicial Council o=
n the
appointment of judges,
3.
decisions of the National State Attorney Council on the appointment =
and
dismissal of state attorneys except decisions on the appointment or dismiss=
al
of the General Attorney,
4. decisions of the Minister of Justice on the
appointment, the dismissal or the determination of the end of service of pu=
blic
notaries,
5. decisions of the Government of the
6. decisions of the Central State Office for
Administration on the supervision over the legality of the work of bodies of
units of local and territorial self government,
7. decisions on sanctions according to the Law =
on the
Prevention of Conflicts of Interest in Public Office.
Article 9 &=
nbsp; Referral
of cases between administrative courts
=
(1) An
administrative court addressed in administrative court proceedings for whic=
h it
has no jurisdiction shall issue a respective ruling and refer the case to t=
he
competent administrative court.
(2)
If an administrative court of first instance accepts its jurisdiction, it s=
hall
issue a respective ruling, if a party argues that the case falls into the
jurisdiction of another administrative court.
=
(3) If
two administrative courts of first instance do not accept their jurisdiction
for administrative court proceedings, the court to which the case was refer=
red
to has to send the case to the
(4) If two administr=
ative
courts of first instance accept their jurisdiction, the
Article 10 Referral of=
cases
to courts of other jurisdictions
=
(1) An
administrative court addressed in proceedings that are not administrative c=
ourt
proceedings shall issue a respective ruling and refer the case to the compe=
tent
court. The ruling can be appealed before the Supreme Court of the
=
(2) If
an administrative court accepts its jurisdiction, it shall issue a respecti=
ve
ruling, if a party argues that the case falls into the jurisdiction of a co=
urt
from another jurisdiction. The ruling can be appealed before the Supreme Co=
urt
of the
(3) If both an
administrative court and a court of another jurisdiction do not accept their
jurisdiction, the court to which the case was referred to has to send the c=
ase
to the Supreme Court of the
(4) If both an administrative court an=
d a
court of another jurisdiction accept their jurisdiction, the Supreme Court =
of
the
Article&nb=
sp;11 Forwarding =
of
cases to the Constitutional Court of the
An administrative co=
urt
addressed in proceedings falling under the jurisdiction of the Constitution=
al
Court of the
Part 4 &=
nbsp; Types
of actions
Article 12 Types of ac=
tions
=
An
action may be filed to seek
=
1. the
repeal of an administrative act (action for the repeal of an administrative
act);
=
2. the
issuance of an administrative act, which has been refused or omitted (action
for the issuance of an administrative act);
3. the declaration o=
f the
unlawfulness of an administrative act which has lost its legal consequences=
if
the plaintiff has a reasonable interest in such a declaration (action for t=
he
declaration of the unlawfulness of a ceased administrative act). If the
administrative act has lost its legal consequences after the filing of an
action under No 1 or 2, the plaintiff may modify his/her petition=
to
issue such a declaration;
4. an order to act, =
to
tolerate a measure or to omit a measure (action for performance). No 3 appl=
ies
mutatis mutandis;
5. the declaration o=
f the
existence or non-existence of a legal relationship or of the nullity of an
administrative act or an administrative contract, if the plaintiff has a
reasonable interest in a declaration in due time (declaratory action). An
action for the declaration of the existence or non-existence of a legal
relationship is inadmissible if the plaintiff could have filed an action un=
der
No 1 to 4.
Article 13 Subject of
actions for the repeal of an administrative act and actions for the issuanc=
e of
an administrative act
=
The
subject of an action for the repeal of an administrative act or an action f=
or
the issuance of an administrative act is
<=
span
style=3D'mso-tab-count:1'>
1. the first instance administrative act as amended by the decision =
on
an objection,
<= o:p>
2. the first instance administrative act and the decision on the
objection if the former was not amended by the latter,
<= o:p>
3. the decision on an objection if this decision contains a grievance
for the first time,
4. the first instance administrative act if objection proceedings are
excluded by law.
Article 14 Standing to sue
(1)
Actions under Art. 12 are admissible only if the plaintiff claims that his/=
her
rights or legal interests have been violated.
(2)
(3)
Actions by the department of public prosecution are only admissible if
authorized under a special law.
Article 15 Completion =
of
administrative remedy procedure
=
If an
administrative objection procedure (Art. 110 of the Law on General
Administrative Procedure; LGAP) or an administrative complaint procedure (A=
rt.
134 and 136 LGAP) is foreseen by law, an action may only be filed after
respective proceedings have been completed.
Article 16 Administrat=
ive
inaction
(1)
Deviant from Art. 15, an action may be filed
1.
if the decision on an application to issue an administrative act is not
rendered within the deadline prescribed by law and if an administrative
objection procedure is not foreseen by law or
2.
if the decision on an objection is not rendered within the deadline prescri=
bed
by law.
(2)
If the decision has not been rendered within the deadline for justified
reasons, the court shall suspend the proceedings and set the administrative
body a deadline within which the decision has to be rendered. The deadline =
may
be prolonged, as long as justified reasons exist.
(3)
If the administrative act applied for is rendered or if the objection is
acceded to, the court has to conclude the proceedings and to decide on the
costs by ruling. If the plaintiff is of the opinion that the administrative
decision does not completely comply with his/her application or his/her
objection he/she can file a motion within 30 days since the service of the
ruling under sentence 1 to resume the proceedings. If the court comes =
to
the conclusion that the application or the objection have been completely
complied with, it dismisses the motion by judgment. Otherwise it has to ann=
ul
the ruling under sentence 1 by a non-appealable ruling and continue with the
proceedings.
(4)
If the application to render an administrative act or the objection is
rejected, the court has to decide on the merit provided that all other
requirements for the admissibility of the action are met.
(5)
If the information about the measures taken on the basis of a complaint (Ar=
t.
138 para. 2 LGAP) is not given within the deadline prescribed by law, para.=
1
to 4 apply mutatis mutandis.
Article 17 Deadlines f=
or
filing an action
(1) An action for th=
e repeal
of an administrative act (Art. 12 No 1), an action against the
refusal of an administrative act (Art. 12 No 2 first case) and an
action on the declaration of the unlawfulness of a ceased administrative act
(Art. 12 No 3) have to be filed within 30 days from the day of
service of the decision on the objection or – if such a procedure is =
not foreseen
by law – within 30 days from the day of service of the administrative
act.
(2) An action for
performance (Art. 12 No 4) and a declaratory action regarding the
existence or non-existence of a legal relationship (Art. 12 No 5
first case) have to be filed within 30 days from the day of service of the
decision on the complaint.
Article 18 Procedural =
orders
issued by administrative bodies
(1) Procedural orders by an administrative body regardless if they we=
re rendered
in form of a conclusion or a decision may not be challenged separately, but=
can
only be challenged with the admissible legal remedy against the decision on=
the
merit.
=
(2) Para . 1 does not apply, if such
orders may be enforced separately or if they are directed against non-parti=
es.
Article&nb=
sp;19 Action for =
the
control of the constitutionality and the legality of general acts
(1) Individuals, legal entities, o=
ther
entities entitled to sue and administrative bodies may file an action for t=
he
control of the constitutionality and legality of general acts enacted =
by
public authorities which are not comprised by the term “other
regulations” in Art. 128 indent 2 of the Constitution of the
(2) If the action is filed by an
individual, a legal entity or another entity entitled to sue, the action is
only admissible if the plaintiff claims that his/her rights or legal intere=
sts
have been violated or will be violated in the near future.
(3) The action has to be filed wit=
hin one
year from the publication of the challenged general act.
(4) In suitable cases, the court m=
ay ask
public authorities which are not a party to the proceedings to submit writt=
en
statements. The court may also summon representatives of these public
authorities to the public oral hearing.
(5) Art. 46 does not apply.
Part 5 &nb=
sp; General
provisions on procedure
Article 20&nb=
sp; Capacity
to be a party and procedural capacity
(1) Capacity to be a=
party
extends to
1. individuals,
2. legal entities,
3. groups of persons=
joined
by a common interest (other entities entitled to sue) to the extent that th=
ey
can be a party in administrative proceedings (Art. 4 LGAP),
4. administrative bo=
dies.
1. adult individuals=
with
unlimited legal capacity or persons authorized to represent them
2.
individuals with limited legal capacity if they are granted limited legal
capacity in the administrative matter which is the subject of the proceedin=
gs
on the basis of a separate law or provision or persons authorized to repres=
ent
them,
3.
persons authorized to represent legal entities or representatives appointed=
by
them,
4. the heads of administrative bodies or representatives appointed by them or<= o:p>
5. representatives of o=
ther
entities entitled to sue (para. 1 No 3).
Article
21 Par=
ties
Parties in administr=
ative
court proceedings are
1. the plaintiff,
2. the defendant and
3. any third individ=
ual,
legal entity, other entity entitled to sue or administrative body who has b=
een
summoned to join the proceedings (third parties).
Article 22 Summons to =
join
the proceedings
(1) The court may su=
mmon ex
officio or on a respective motion third individuals, legal entities, other
entities entitled to sue or administrative bodies, who have rights or legal
interests connected to the subject of the proceedings, to join these
proceedings. The motion may be submitted by any party as well as by the thi=
rd
individual, legal entity, other entity entitled to sue or administrative bo=
dy
itself.
(2) The court must s=
ummon
third individuals, legal entities, other entities entitled to sue or
administrative bodies to join the proceedings, if the decision of the court
would directly interfere with their rights or legal interests (mandatory
summons).
(3) If an administra=
tive
measure necessitates the approval of another administrative body, the court
must summon this body.
(4) If the court is =
of the
opinion that the granting of a social benefit or a comparable right may fall
into the jurisdiction of another administrative body than the defendant, the
court must summon this body. If the court holds that the summoned body is
competent and that the claim is founded, the court may order this body to g=
rant
the requested social benefit or comparable right.
(5) Summoned parties=
may
submit both petitions on the merit and procedural motions. Petitions on the
merit may not go beyond the petitions of the main parties (Art. 21 para. 1 =
No 1
and 2).
(6) The ruling on the
summons has to be served on all parties. The court informs the summoned par=
ty
about the reasons for the summons and about the state of the proceedings. A
summons to join the proceedings is non-appealable.
Article 23=
Actions
against public authorities
(1) Actions against =
public
authorities have to be directed against the first instance administrative b=
ody
that has taken or refused to take or omitted an administrative measure. In =
the
case of Art. 13 No 3 the action has to be directed against the
administrative body that has taken the decision on the objection.
(2) Actions for the =
control
of the constitutionality and legality of general acts have to be directed
against the public authority which rendered the challenged act.
(3)
Administrative bodies are represented by civil servants working for the
respective administrative body. Administrative bodies may authorize lawyers=
or
civil servants working for other administrative bodies to represent them.
Article 24 Service of
documents
(1) Decisions and co=
urt
orders by which a deadline is actuated, the fixing of the date of a hearing=
and
summonses are to be served. If one of these measures has been pronounced in
court, service is only necessary if explicitly ordered by law.
(2) Art. 57 and=
61 to
68 LGAP apply mutatis mutandis.
Article 25 &nb=
sp; Deadlines
(1) Deadlines are ac= tuated on service or if service is not required on notification or pronouncement.<= o:p>
(2) If an administra=
tive
decision (administrative act, decision on an objection, decision on a
complaint) or a court decision has not been duly served on a party, an acti=
on
or a legal remedy against court decisions has to be filed within three mont=
hs
from the day, on which this party had or should have had knowledge of the
decision. The same applies, if service is not required and the decision has
neither duly been notified nor pronounced to a party.
(3) If an administra=
tive
decision (para. 2) or a court decision does not contain information on legal
remedies or if this information is incomplete or wrong, an action or a legal
remedy against court decisions has to be filed within three months upon ser=
vice,
notification or pronouncement of the decision. If the information states a
longer deadline than provided by law, the longer deadline applies. If the
information wrongly states that a legal remedy is not available, an action =
or a
legal remedy against court decisions has to be filed within three months fr=
om
the day on which the party had knowledge of the possibility to file an acti=
on
or a legal remedy.
Article 26 &nb=
sp; Reinstatement
(1) For the reinstat=
ement in
case of failing to meet a deadline or to appear in a public oral hearing
Art. 117 to 122a of the Civil Procedure Act (CPA) apply mutatis mutand=
is.
(2) A motion for
reinstatement is only admissible within one year since the date of the hear=
ing
or the expiry of the deadline respectively.
Article 27=
Electronic
communication
(1) Parties may tran=
smit
electronic documents to the court. The court may transmit electronic docume=
nts
to a party, if he/she consents with it. The consent can be revoked any time.
The Minister of Justice shall regulate the start of electronic communicatio=
n as
well as the technical specifications for the transmission of electronic
documents by decree. By this decree, electronic communication may be restri=
cted
to certain courts, certain kinds of proceedings or certain kinds of documen=
ts.
(2)
If under this law a document has to be handed in written form, this require=
ment
is met by an electronic document that is provided with a qualified electron=
ic
signature according to the Law on Electronic Signatures.
(3)
If under this law a document has to be signed by a judge or a court officia=
l,
this requirement is met by an electronic document that contains at its end =
the
first and last name of the competent judge or court official and is provided
with a qualified electronic signature according to the Law on Electronic
Signatures.
(4)
An electronic document which is transmitted in the format defined by the de=
cree
under para. 1 is considered to be submitted to the court in the moment it h=
as
been recorded by the device dedicated to receive such documents. The court
immediately has to issue a notification of receipt to the sender.
(5)
If an electronic document cannot be read by the recipient, he/she immediate=
ly
has to notify the sender. The notification sent by the court has to inform =
the
sender about the tech=
nical
specifications for the transmission of electronic documents.
(6)
If an electronic document is transmitted to the court in another format than
defined by the decree under para. 1, para. 5 applies mutatis mutandis.
Article 28=
Service of electronic documents
(1)
In order to serve an electronic document to a party, the court has to inform
the party that the document is available for retrieval on a server designat=
ed
by the court. To retrieve the document the party has to identify himself/he=
rself
immediately before he/she retrieves the document. The Minister of Justice shall regulate the star=
t of
electronic service as well as the organizational and technical details,
including encryption, by decree.
(2) The document is =
presumed
to be served upon retrieval from the server. If the document is not retriev=
ed
within three days since the party has been informed under para. 1 sentence 1
the court has to inform the party again. If the document is not retrieved
within three days since the second information, the court has to serve the
document in paper form (Art. 24 para. 2).
Article 29=
Electronic files
(1) Court files and =
files
submitted to the court may be kept electronically. The Minister of Justice
shall regulate the start of electronic filing as well as the organizational=
and
technical details regarding the keeping and the storage of electronic files=
by
decree. By this decree, the keeping of electronic files can be restricted to
certain courts, certain kinds of proceedings or certain kinds of documents.=
(2)
Documents submitted to the court that do not correspond to the modality of
file-keeping have to be transformed. If a paper document is transformed int=
o an
electronic document, the latter has to contain a memo when and by whom the =
transformation
was done. If an electronic document is transformed into a paper document, t=
he
latter has to contain a memo which states
1.
the result of the integrity check of the electronic document,
2.
the first and last name of the person who owns the signature as reported by=
the
signature check, and
3.
the date and time the signature was attached as reported by the signature
check.
(3)
The original of a transformed document has to be kept with the court files =
at
least until the moment the decision of the court has become final.
(4)
Documents that were transformed according to para. 2 are to be used in court
proceedings as long as no doubts regarding their correspondence with the ha=
nded
in documents exist.
Article 30=
Access to electronic files
(1) The court has to=
provide
the necessary technical means to read electronic files.
(2) Access to electr=
onic
files can be granted via the internet. To get access, the applicant has to
identify himself/herself immediately before he/she is granted access. The M=
inister
of Justice shall regulate the start of access to electronic files via the
internet as well as the organizational and technical details, including
encryption, by decree. Art. 42 applies mutatis mutandis.
Part 6 &n=
bsp; First
instance proceedings
Article 31 Filing of an
action
=
(1) Administrative
court proceedings are instituted by an action.
=
(2) An
action has to be filed with the competent court in writing or by fax.
(3)
If an action is sent by registered mail it is considered to be filed on the=
day
it was submitted to the post office.
=
(4) A
case becomes pending on the day the action is filed with the court.
=
(5) The
deadline to file an action is presumed to be kept, if the action is not fil=
ed
with the competent court but within the deadline with another administrative
court, a Croatian consulate or an administrative body that decided on the
challenged administrative measure.
Article 32 Actions from
abroad
(1) A party who does=
not
have his/her seat, legal residence or habitual residence in the Republic of
Croatia, is obliged upon the filing of the action to authorize a person who=
has
his/her seat or legal residence in the Republic of Croatia to receive mail =
from
the court. This does not apply if the party has a representative who has
his/her seat or legal residence in the
(2) If a party fails=
to
fulfill its obligation under para. 1, Art. 33 para. 3 and Art. 51 para. 2 apply mutatis mutandis.
Article 33 &n=
bsp; Content
of the statement of claim
=
(1) The
statement of claim must include
1.
the name and the address of the plaintiff,
2.
the name and the address of the defendant, and
3.
the aim of the action.
The statement of claim has to be signed.
(2) The statement of claim should include
1.
an explanation of the claim and a specific petition,
2. the original or a copy of the challenged act=
or
decision (first instance administrative act, decision on an objection or
decision on a complaint),
3. one copy of the a=
ction
and the enclosures for each of the other parties, except if the enclosures =
are
already known to another party or if they are very voluminous.
(3) If the statement=
of
claim does not meet the requirements under para. 1, the presiding judge or =
the
reporting judge has to instruct the plaintiff about the insufficiencies and=
has
to set him/her a deadline to complete the statement. The court also has to
inform the plaintiff about the legal consequences if he/she fails to comple=
te
the statement of claim within the set deadline.
(4) If the plaintiff=
does
not complete the statement of claim within the set deadline, the action is
considered to be withdrawn.
Article&nb=
sp;34 Service
of the statement of claim
(1) If the court doe=
s not
dismiss the action immediately as evidently inadmissible, the statement of
claim including all enclosures has to be served to all other parties. If the
enclosures are already known to the other party or if they are very volumin=
ous,
the exact specification of the enclosures together with the offer to grant
access to court files is sufficient.
(2) The presiding ju=
dge or
the reporting judge have to set a deadline to respond to the statement of c=
laim
that may not be shorter than eight days nor longer than 30 days. For the
response, Art. 31 para. 2, Art. 33 para. 2 No 3 and para. 1 sentence 2 of t=
his
article apply mutatis mutandis.
Article&nb=
sp;35 Right
to be heard
(1)
The court has to give the parties the opportunity to be heard before any
decision.
(2)
Court decisions may be based only on facts and evidence as to which the par=
ties
were given the opportunity to be heard.
Article&nb=
sp;36 Inquisitorial
principle
The
court investigates the facts ex officio. The parties are obliged to assist =
on
request. The court is bound neither by the parties’ pleadings nor by
their motions to take evidence.
Article 37 Binding
effect of the plaintiff’s claim
The court may not go=
beyond
the plaintiff’s claim, but is neither bound by the plaintiff’s
reasoning nor by the wording of his/her petition.
Article&nb=
sp;38 Duty
to advise the parties
The
presiding judge or the reporting judge has to ensure that the ignorance of a
party or any other person participating in the proceedings does not affect
their rights. In particular it has to be ensured that formal defects are
removed, incomprehens=
ible
petitions are explained, appropriate petitions are filed and that all relev=
ant
declarations are submitted.
Article&nb=
sp;39 Preparation
of the oral hearing
(1) In order to prep=
are the
oral hearing, the presiding judge or the reporting judge has to take all
measures that are necessary to enable the court to possibly decide the case
based on one oral hearing. In particular the court may
1. summon the partie=
s to a
preliminary hearing to discuss factual and legal aspects of the case and to=
try
to reach an amicable settlement; the personal appearance of parties (Art. 4=
8)
can be ordered,
2. request the parti=
es to
complement or explain their previous pleadings, submit documents, electronic
documents or movable objects,
3. make inquiries,
4. order administrative bodies to perform compl=
ex
calculations according to the specifications of the court; Art. 41 para. 2
applies mutatis mutandis.
The court has to inf=
orm the
parties about every measure taken.
(2) If an expert opi=
nion is
necessary, the court should obtain such an opinion before the oral hearing.=
(3) In order to spee=
d up the
proceedings, the court may authorize a member of the chamber or a judge from
another court to take specific evidence in a preliminary hearing if this is
suitable to simplify the proceedings and if it can be assumed that the cour=
t can
evaluate the evidence properly without its direct perception in the oral
hearing.
(4)
Preliminary hearings are open to the parties.
Article&nb=
sp;40 Decisions b=
y the
reporting judge
Until the beginning =
of the
oral hearing, the reporting judge decides by ruling on the following issues=
:
<= o:p>
1. withdrawal of the action, settlement and acknowledgement, includi=
ng
the decision on legal aid,
<= o:p>
2. suspe=
nsion of
proceedings,
3. costs,
4. value of the matter in dispute.
Article 41 Obligation =
to
forward documents and files and to provide information
(1) All public autho=
rities
are obliged to forward documents, files and electronic documents and to pro=
vide
information requested by the court. The public authorities have to name tho=
se
parts of a document, file or electronic document as well as information whi=
ch
in their opinion have to be kept secret and therefore should be excluded fr=
om
access to files (Art. 42).
1. summon the head o=
f the
public authority or his/her deputy to the court in order to demand an
explanation why obligations under para. 1 are not met, or
2. by ruling impose =
a fine
between 500,- and 10.000,- kuna on the public authority or its head, provided =
that
it has issued a respective warning beforehand. Both the warning and the
imposition of the fine may be repeated.
Article&nb=
sp;42 Access to f=
iles
(1)
Regarding access to court files and files submitted to the court and regard=
ing
the taking of copies from these files, Art. 150 CPA applies mutatis
mutandis. Draft versions of court decisions and texts drafted during their
preparation are not part of the court files.
(2)
Access to court files does not extend to the minutes on deliberations and
voting.
(3)
Access to files has to be denied to the extent that documents, files,
electronic documents or information contained in the files have to be kept
secret because this is required by law or because of overriding public
interest, overriding interests of one of the parties or overriding interest=
s of
third persons.
(4)
Access to files is, as a rule, granted by the presiding judge. If an object=
ion
to granting full access to files is raised or if the presiding or the repor=
ting
judge are of the opinion that para. 3 applies, the chamber decides by rulin=
g. A
complaint against such a ruling has suspending effect.
(5)
If a case has been transferred to a single judge (Art. 5 para. 2), acc=
ess
to files is granted by the single judge, who also takes decisions by ruling
according to para. 4 sentence
Article&nb=
sp;43 Exclusion o=
f late
pleadings
(1)
The presiding judge or the reporting judge may set the plaintiff a deadline=
to
state all facts which in his/her opinion should have been considered by the
administrative body or which he/she thinks are incorrectly or insufficiently
established.
(2)
The presiding judge or the reporting judge may set a party a deadline
1.
to answer specific questions concerning facts,
2. to
specify means of evidence or
3.
to submit documents, electronic documents or movable objects, unless the pa=
rty
has a right to refuse their submission.
Sentence 1 does=
not
apply if the facts of the matter may be investigated with little effort wit=
hout
the cooperation of the party.
(3) The court may reject any statem=
ent or
means of evidence submitted after the deadline set under para. 1 and 2 has
expired and may decide the case without conducting further enquiries, if
<= o:p>
1. their admission would delay the decision of the court, and
<= o:p>
2. the party has not brought forward a reasonable excuse for the del=
ay,
and
<= o:p>
3. the party has been instructed about the consequences of failing to
observe the deadline set under para. 1 and 2.
Article 44 Amendment o=
f the
action
(1) Regarding amendm=
ents of
the action Art. 190 to 192 CPA apply mutatis mutandis.
Article&nb=
sp;45 Principle of
public oral hearing
(1) Unless otherwise=
stated
in this law, the court decides on the basis of a public oral hearing. Art. =
306
to 309 CPA apply mutatis mutandis.
(2) With the consent=
of all
parties the court may issue a judgment without hearing.
(3) Rulings may be i=
ssued without
hearing.
Article 46 Judgment wi=
thout
public oral hearing without consent of the parties
(1) Without the cons=
ent of
the parties the court may decide by judgment without public oral hearing if=
the
case does not display any particular complications of a factual or legal na=
ture
and if the facts of the case have been established. The parties have to be
heard in advance.
(2) Within 30 days of service of a judgment under para 1, parties may
choose whether to lodge the admissible legal remedy or to request a public =
oral
hearing before the court which has issued the judgment under para. 1. If bo=
th a
legal remedy is lodged and a hearing is requested, the court has to hold a
hearing.
(3) If a hearing is
requested within the deadline under para. 2 of this article, the judgment u=
nder
para. 1 is presumed not to have been issued.
(4) The judgment iss=
ued on
the basis of a hearing does not require further substantiation to the extent
that the court follows its reasoning in the judgment under para. 1.
Article&nb=
sp;47 Summons to
hearings
(1) The presiding ju=
dge
determines the date of the hearing and summons the parties to the hearing. =
The
summons has to be served at least 15 days before the date of the hearing. In
urgent cases the presiding judge may shorten this deadline.
(2) The summons has =
to state
that the case may be heard and a decision may be taken even if the party fa=
ils
to appear.
(3)
The court may request an administrative body to send a civil servant to att=
end
the oral hearing who is authorized to represent the body and who is familiar
with the factual and legal aspects of the case.
Article&nb=
sp;48 Appearance =
in
person
(1)
The court may order a party to appear in person. If the party does not appe=
ar
without valid excuse or if he/she leaves the hearing without the court̵=
7;s
permission, the court by ruling may impose a fine between 500,- and 10.000,-
kuna, provided that it has issued a respective warning in the summons. Both=
the
warning and the imposition of the fine may be repeated.
(2)
If the party is a legal entity, another entity entitled to sue or an
administrative body, the fine has to be threatened to and imposed on the
person(s) entitled under law or statute to represent this entity or
administrative body.
Article&nb=
sp;49 Procedure at
hearings
(1) The presiding ju=
dge
opens the hearing, calls the case and presides the hearing.
(2) After the case h=
as been
called, the presiding judge establishes who is present and whether all summ=
oned
persons have appeared. The reporting judge then summarizes the content of t=
he files.
Subsequently parties have the right to speak in order to file and to
substantiate their petitions.
(3)
The court has to discuss the factual and legal aspects of the case with the
parties. The presiding judge has to give the other members of the chamber a=
nd
the parties the opportunity to ask questions. If an objection against a question is raised, the court decides on =
the
admissibility of the question.
(4)
After the discussion the presiding judge closes or adjourns the hearing. The
court can decide to reopen the hearing.
(5)
Minutes of the hearing have to be kept. Art. 123 to 128 CPA apply mutatis
mutandis.
Article&nb=
sp;50 Taking of
evidence
(1) The court takes evidence during the public =
oral
hearing. Art. 39 para. 2 and 3 remain unaffected.
(2) The parties have to be informed about all
hearings for the taking of ev=
idence
and about the means and the subject of evidence. The parties have the right=
to
attend and to put expedient questions to witnesses, experts and other parti=
es.
If an objection against a question is raised, the court decides on the
admissibility of the question.
(3) The deadline under Art. 47 para. 1 sentence=
2
does not apply to the summons of witnesses and experts.
(4) In addition to para. 1 to 3, Art. 219 to 276 CPA apply mut=
atis
mutandis on the taking of evidence.
Article&nb=
sp;51 Withdrawal =
of the
action
(1) The plaintiff may
withdraw the action right up to the moment a court decision becomes final. =
(2) If the plaintiff=
does
not respond to a court order within a set deadline, the court may repeat its
order. If the plaintiff does neither fulfil the order nor pursue the action=
in
any other way within 60 days since the service of the repeated order, the
action is presumed to have been withdrawn. In the repeated order the court =
has
to inform the plaintiff about the legal consequences if he/she fails to ful=
fil
the order and about his/her duty to bear the costs of the proceedings in th=
is
case (Art. 97 para. 1).
(3) If an action is
withdrawn or presumed to be withdrawn, the court by ruling has to conclude =
the
proceedings and decide on the costs. If the plaintiff is of the opinion that
he/she has not withdrawn the action or that the requirements under para. 2 =
have
not been fulfilled he/she can only file a motion within 30 days since the s=
ervice
of the ruling under sentence 1 to resume the proceedings.
(4) If the court dec=
iding on
a motion under para. 3 comes to the conclusion that the action has been
withdrawn or that the requirements under para. 2 have been fulfilled, it
dismisses the motion by judgment. Otherwise it has to annul the ruling under
para. 3 sentence 1 by a non-appealable ruling and continue with the
proceedings.
Article&nb=
sp;52 Acknowledge=
ment
of the claim
To the extent the de=
fendant
acknowledges the claim and the plaintiff accepts the acknowledgement the pr=
oceedings
are concluded. Art. 51 para. 3 and 4 apply mutatis mutandis.
Article&nb=
sp;53 Amendment o=
f the
administrative act
(1)
If the challenged administrative act is amended or substituted by another o=
ne in
favour of the plaintiff while court proceedings are pending, the court has =
to
request the plaintiff to state within 30 days whether he/she accepts the new
administrative act or whether and with which aim he/she wants to continue t=
he
proceedings.
(2) If
the plaintiff does not answer the request under para 1, Art. 51 para. 2 to 4
apply mutatis mutandis. If the plaintiff states that he/she does not want to
continue the proceedings, the court by ruling will conclude the proceedings=
and
decide about the costs. If the plaintiff states that he/she does not accept=
the
new act or that he/she wants to continue the proceedings according to Art. =
12
No 3, the court proceedings are continued. In the first case, the new =
act
is automatically included in the pending proceedings.
(4)
The parties are obliged to forward the new administrative act to the court.=
Article&nb=
sp;54 Court settl=
ement
(1) The court is obl=
iged to
examine at any point of the proceedings, whether the dispute can be settled
amicably. The court can make respective proposals.
(2) A settlement can=
only be
concluded to the extent that the parties are able to dispose of the subject
matter of the settlement. A settlement can comprise the whole claim or only=
a
part of it.
(3) The settlement h=
as to be
recorded by a judge of the court. A settlement is also concluded, if the
parties in writing accept a written proposal (Para. 1 sentence 2). Art. 51
para. 3 and 4 applies mutatis mutandis.
Article&nb= sp;55 Mediation<= o:p>
(1)
The presiding judge or the reporting judge can propose to the parties to re=
fer
the case to an external or to a court mediator. If all parties agree, the c=
ourt
refers the case to the mediator and suspends the proceedings by ruling. The
ruling is non-appealable. The
proceedings have to be continued on demand of one of the parties.
(2) If the parties a=
gree on
a settlement, Art. 54 para. 3 apply mutatis mutandis.
(3)
At each administrative court at least one judge should be trained as a
mediator.
Article&nb=
sp;56 Suspension =
of
proceedings
(1)
The court has to susp=
end the
proceedings by ruling if plaintiff, defendant and parties summoned under Ar=
t.
22 para. 2 to 4 file a respective motion. The ruling is non appealable. The
proceedings have to be continued on demand of one of the above mentioned
parties.
(2)
The court may suspend=
the
proceedings by ruling
1. until a preliminary issue has been decided if proceedings regardi=
ng
this issue are already pending before a court or an administrative body, or=
<= o:p>
2. until the
Article&nb=
sp;57 Pilot proce=
edings
(2)
After the judgments on the pilot proceedings have become final and after
hearing the parties of the suspended proceedings the chamber may decide the
suspended proceedings by judgment
without public oral hearing without consent of the parties (Art. 46)=
, if it
is of the unanimous opinion that these proceedings do not differ significan=
tly
on matters of fact and law from the decided pilot proceedings and if the fa=
cts
of each respective case have been established.
(3)
The chamber may introduce evidence that has been established in pilot
proceedings into proceedings under para. 2. The chamber may deny motions to
take evidence relating to facts which were already established in pilot
proceedings, if it is of the unanimous opinion that the taking of evidence
would not lead to the establishment of new relevant facts.
=
Par=
t 7 &=
nbsp; &=
nbsp; Decisions
Article&nb=
sp;58 Types of
decisions
(1) The court decide=
s by
judgment or ruling.
(2) The decision on =
an
action is taken by judgment. This also applies if an action is inadmissible.
All other decisions are taken by ruling.
Article 59=
Basis
of decisions
The court decides ac=
cording
to its free conviction, based on the overall result of the court proceeding=
s.
Article&nb=
sp;60 Composition=
of
the bench
(1) If a decision is=
based
on a public oral hearing, it has to be taken by the judges who attended the
hearing.
(2) Art. 13 para. 1 to 3 CPA do not apply in administrative court proceedings.<= o:p>
Article 61 Deliberatio=
n and
voting
(1) Decisions are ta=
ken by a
majority vote.
(2) Separate minutes=
of the
deliberations and the voting are kept. These minutes are signed by all memb=
ers
of the chamber and the recording secretary.
(3) Apart from the j=
udges
that take the decision, only court advisors assigned to the chamber may be
present at the deliberations and voting. The presiding judge may allow the
presence of court trainees and other persons for training purposes.
Article 62=
Issuing of
decisions
(1) Decisions based =
on a
public oral hearing as a rule are pronounced at the session in which
proceedings are closed. Decisions are pronounced in the name of the
(2) As an exception =
the
court may postpone the pronouncement of the decision for up to 15 days from=
the
day of the closing of the hearing. The date for the pronouncement has to be
announced immediately after the hearing has been closed.
(3) If all parties a=
gree,
the pronouncement of a decision may be replaced by its service upon all
parties.
(4) Decisions based =
on a
hearing have to be served to the parties within 30 days after the closing of
the hearing. On a respective motion of a single judge or the presiding judge
the president of the court may prolong the deadline by another 30 days.
(5) If a decision is=
not
based on a hearing, its pronouncement is replaced by service upon all parti=
es.
(6) Decisions are se=
rved
upon the parties as authenticated copies.
Article 63=
Content of
decisions
(1) Decisions contai=
n an
introductory part, the operative part of the decision, the statement of rea=
sons
and information on legal remedies.
(2) The introductory=
part of
the decision contains
1. the clause that t=
he
decision is pronounced in the name of the
2. the name of the c=
ourt,
3. the first and las=
t name
of the single judge or the presiding judge and the additional judges and the
recording secretary,
4. the first and las=
t name
or the name of the entity as well as the address of the parties and their l=
egal
representatives and agents,
6. the date of the decision.
(3) The operative pa=
rt of
the decision contains the holding of the court.
(4) The statement of=
reasons
contains a concise summary of the claim and the main legal arguments of the
parties, the relevant facts, the relevant legal provisions and the legal
reasoning of the court.
(5) The legal reason=
ing may
be replaced by a reference to the reasoning of the challenged administrative
act or the respective decision on an objection or complaint if the court
follows this reasoning. The same applies, if the court follows the legal
reasoning of another court decision on the same legal issue; the decision t=
o which
the court refers has to be attached.
(6) The information =
on legal
remedies has to state the admissible legal remedy, the applicable time limit
and the court, at which the remedy has to be filed. If no legal remedy is
given, the information has to state that the decision is final.
(7) The original of the decis=
ion
is signed by the presiding judge and the recording secretary.
Article&nb=
sp;64 Correction =
of
obvious errors
(1)
The court may by ruling correct errors in names and numbers, spelling and
calculation errors as well as other obvious errors at any time. The parties
should be heard in advance.
(2)
A reference to the ruling has to be made at the end of the original decision
and on each authenticated copy of this decision. If a decision is stored in=
electronic
form, the reference has to be stored as separate electronic document. Both
electronic documents have to be linked permanently.
Article&nb=
sp;65 Complementa=
tion
of decisions
(1)
If the court has not decided on all petitions filed by the parties, a party=
may
within 15 days from the day of service of the incomplete decision file a mo=
tion
to complement the decision. The decision on the complementation has to be t=
aken
in the same form (Art. 58) as the decision to be complemented. Art. 45 and =
46
apply mutatis mutandis.
(2)
If the court has not decided on the costs, a party may within 15 days from =
the
day of service of the incomplete decision file a motion to complement the
decision. The decision on the complementation is taken by ruling. Art. 94
applies mutatis mutandis.
(3)
Art. 341 CPA applies mutatis mutandis.
Article 66 Operative p=
art of
the judgment – action for the repeal of an administrative act
(1)
To the extent that an administrative act is unlawful and violates the right=
s or
legal interests of the plaintiff, the court shall repeal the administrative=
act
as well as a decision on an objection.
(2)
If the administrative act has already been implemented, the court on a
respective petition of the plaintiff shall order the administrative body how
and to what extent to reverse the implementation, provided that this is
possible and proportional.
(3)
If due to the repeal of an administrative act the plaintiff has the right to
demand a performance, the court on a respective petition of the plaintiff s=
hall
order the performance together with the decision to repeal the administrati=
ve
act.
Article 67 Operative p=
art of
the judgment – action for the issuance of an administrative act
(1) To the extent th=
at the
plaintiff is entitled to demand the issuing of an administrative act, the c=
ourt
shall order the administrative body to issue the requested administrative a=
ct.
(2) If an administra=
tive
body is authorized to exercise discretion, and if the refusal or omission o=
f an
administrative act is unlawful and violates the plaintiff’s rights or
legal interests, the court shall order the administrative body to issue a n=
ew
administrative act observing the court’s decision.
Article 68 Operative p=
art of
the judgment – action on the declaration of the unlawfulness of a cea=
sed
administrative act
To the extent that an
administrative act which has lost its legal consequences was unlawful and violated the rights or legal inter=
ests
of the plaintiff, the cou=
rt
shall issue a respective declaration.
Article 69 &n=
bsp; Operative
part of the judgment – action for performance
To the extent that t=
he
plaintiff is entitled to demand a measure, the toleration of a measure or t=
he
omission of a measure the court shall order the defendant to act respective=
ly.
Article&nb=
sp;70 Operative p=
art of
the judgment – declaratory action
To
the extent that the p=
laintiff
is entitled to a declaration of the existence or non-existence of a legal
relationship or of the nullity of an administrative act or an administrative
contract, the court issues a respective declaration.
Article 71 Operative p=
art of
the judgment – complementary provisions
(1)
If the right to a payment of money as such is disputed the court may restri=
ct
its decision to the decision whether the plaintiff is entitled to the benef=
it
or the payment. After this judgment has become final the administrative body
has to decide on the amount of the payment.
(2)
If an action is aimed at the payment of money or the issuance of an
administrative act that is aimed at the payment of money, the disputed amou=
nt,
provided it is due for payment, bears interest beginning with the pendency =
of
the claim. The interest rate amounts to five per cent above the discount ra=
te
of the Croatian National Bank per year.
(3)
If the annulment of an administrative act constitutes an obligation for the
payment of money, para. 2 applies mutatis mutandis
Article 72=
Control of
discretion
To the extent that an
administrative body is authorised to exercise discretion, the court has to
examine whether an administrative
measure or its refusal or omission is unlawful because the
administrative body
1. failed to exercis=
e its
discretion,
2. exceeded the stat=
utory
limits of its discretion or
3. did not exercise =
its
discretion in accordance with the spirit and the purpose of the authorisation.
The administrative b=
ody may
amend the reasoning for its exercise of discretion during court proceedings=
.
&=
nbsp;
Article 73=
Violation of
procedural rules in administrative proceedings
The success of an action must=
not
be based solely on a violation of procedural rules by the administrative bo=
dy,
if it is obvious, that the violation of the procedural rules has not influe=
nced
its decision on the merits.
Article 74 Operative p=
art of
the judgment – action for the control of the constitutionality and le=
gality
of general acts
(1)
To the extent that a general act violates the constitution or statutory law=
the
court shall declare this act null and void. The judgment has to be publishe=
d in
the same way as the respective act.
(2)
Unless otherwise regulated by law, judgments which are based on a general a=
ct
that has been declared null and void under para. 1 and which have beco=
me
final remain unaffected by this declaration. However, these judgments must =
not
be enforced anymore.
(3)
On a respective petition, the court may issue a temporary injunction if thi=
s is
indispensable to avoid grave and irreparable consequences.
Article 75=
Res judicata
effect
(1)
Judgments that have become final have binding effect upon the parties of the
proceedings (Art. 21) and their legal successors.
(2)
Judgments on an actio=
n for
the control of the constitutionality and legality of general acts have
erga omnes effect to the extent that the act is declared null an void.
Article 76=
Rulings
(1) Rulings must con=
tain a
statement of reasons if they can be appealed or if they decide on a legal
remedy. Rulings in provisional proceedings and rulings based on Art. 97 par=
a 1
and 2 must always contain a statement of reasons.
(2) Rulings which de=
cide on
a legal remedy do not require further substantiation to the extent that the
court follows the reasoning in the challenged ruling.
=
Par=
t 8 &nb=
sp; Legal
remedies
Article 77=
Right to ap=
peal
(1) Judgments of
administrative courts of first instance may be appealed, if
1. serious doubts regarding the lawfulness of the judgment exist,
<= o:p>
2. the case is of general importance,
<= o:p>
3. the challenged judgment deviates from a decision or a legal opini=
on
of the Supreme Administrative Court or the Constitutional Court provided the
judgment is based on this deviation, or
<= o:p>
4. the challenged judgment may be based on a procedural deficiency.<= o:p>
<= o:p>
(2) An appeal has to be lodged at the court of first instance which =
has
rendered the challenged judgment within 30 days of the se=
rvice of
this judgment. Art. 31 para. 2 and 3 apply mutatis mutandis. The deadline to
lodge the appeal is presumed to be kept if the appeal is lodged at the
<= o:p>
(3) The appeal should contain the file number of the challenged judg=
ment
and should state the reasons for the appeal.
(4) If the appeal is inadmissible the
(5) If the appeal is admissible, the
Article 78=
Complementa=
ry
provisions
(1) Unless otherwise
provided for in this part, the provisions of the other parts of this law,
except for Art. 46, apply mutatis mutandis.
(2) Within the limit=
s of the
appellant’s claim the
(3) The
Article 79=
Public oral
hearing in appeal proceedings
(1) The
(2) A hearing has to=
be
held,
1. if new facts or n=
ew means
of evidence which are not rejected under Art. 80 are submitted or
2. if new legal issu=
es arise
which may influence =
the
outcome of the case. Art. 45 para. 2 remains unaffected.
Article 80=
Exclusion o=
f late
pleadings in appeal proceedings
(1) The
1. their admission would delay the decision of the court, and
<= o:p>
2. the party has not brought forward a reasonable excuse for the del=
ay,
and
<= o:p>
3. the party has been instructed about the consequences of failing to
observe the deadline set under Art. 43 para. 1 and 2.
Sentence 1 does=
not
apply if the facts of the matter may be investigated with little effort wit=
hout
the cooperation of the party.
(2) The
Article 81=
Complaint
(1) Unless otherwise
provided for by this law, rulings by administrative courts of first instance
can be challenged by complaint.
(2) Rulings on the c=
ourse of
proceedings are non-appealable.
(3) A complaint has =
to be
lodged at the court of first instance which has rendered the challenged rul=
ing
within 15 days of the service of this ruling. Art. 31 para. 2 and 3 apply
mutatis mutandis. The deadline to lodge the complaint is presumed to be kep=
t if
the complaint is lodged at the
(4) The complaint sh=
ould
contain the file number of the challenged ruling and should state the reaso=
ns
on which it is based.
(5) Rulings by a jud=
ge from
another court (Art. 39 para. 3) are presumed to be taken by the administrat=
ive
court which requested the help of this judge.
Article 82=
Suspending =
effect
of complaints
(1)
On a respective petition the
(2)
Complaints against fines or against the detention of a person have suspendi=
ng
effect.
(3)
Par=
t 9 &=
nbsp; Reopening
of proceedings
Article 83=
Reopening of
proceedings
(1)
Proceedings concluded=
wi=
th a
judgment or a ruling shall be reopened upon a motion by a party,
1. if a party finds out about new fac=
ts
or gains the opportunity to use new evidence on the basis of which the disp=
ute
would have been resolved in his/her favour had these facts or evidence been
presented or used in the former proceedings,
2. if the challenged decision was
rendered as a result of a criminal offence by a judge or a court official o=
r if
this decision was gained by fraud and that act constitutes a criminal offen=
ce,
3. if the challenged decision was based on a judgment
rendered in a criminal or civil matter and this judgment was later annulled=
by
another final court decision,
4. if a document on which the challen=
ged
decision was based was false or falsely amended, or if a witness, expert
witness or party gave false testimony at the hearing before the court provi=
ded
that the challenged decision was based on this testimony,
5. if the party finds or obtains the opportunity=
to
use a previous decision rendered in the same administrative dispute,
6. if a judge who had to be disqualified (Art. =
71
para. 1 No 1 to 6 CPA) or who was disqualified by ruling took part in the
rendering of the challenged decision,
7. if a person who did not have the status of a
judge took part in the rendering of the challenged decision or
8. if in the former proceedings a party was not
represented in accordance with the law unless the conduct of litigation or =
performance
of certain measures in the former proceedings was subsequently approved by =
this
party.
(2) A reopening of proceedings shall onl=
y be
permitted if the party had not been able to present these facts during the
former proceedings for no fault of his/her own.
Article 84 =
; Deadline
for the filing of a motion for reopening
(1) The motion to reopen the proceedings has to=
be
filed within 30 days from the day when the party discovers the reason for t=
he
reopening. If the party discovers such a reason before the proceedings are
concluded before the court, but he/she was not able to make use of this rea=
son
during the course of the proceedings, the motion has to be filed within 30 =
days
of the service of the=
decision.
(2) A reopening of proceedings can no longer be requested after the expiration of five years from the =
day
the decision became legally effective. Sentence 1 does not apply for motions
based on Art. 83 para. 1 No 2 to 4.
Article 85=
Filing
of a motion for reopening
(1) The motion for a reopening of proceedings has to be filed at the court before which the proceedin=
gs
were concluded.
(2) The motion must contain in particular
1. the
judgment or ruling re=
ndered in the proceedings for which a reopening is requested;
2. the
statutory basis for a reopening (Art. 83 para. 1) and
the evidence or circumstances which make the existence of this basis likely=
;
3. the
circumstances from wh=
ich it arises that the motion was filed in time and evidence to support
this;
4. the
direction and the scope of the requested amendments to the judgment or ruling rendered in the
proceedings for which a reopening is requested.
Article 86=
Decision
on the motion for reopening
(1) The court shall dismiss the motion with a
ruling if it establishes that it was filed by an unauthorised person or tha=
t it
was not filed in time or that the party did not demonstrate the existence <=
/span>of a statutory basis for the reopening at least likely.
(2) If the court does not dismiss the motion
according to para. 1, it is served upon the other parties who may r=
eply
to it within 30 days.
(3) After the expiration of the time limit (par=
a.
2) the court shall rule on the motion by judgment.
(4) To the extent that the proceedings are
reopened, the previous decision shall be repealed whether in part or in its
entirety. The previous procedural actions which are not affected by the rea=
sons
for the reopening do not have to be repeated. The judgment allowing a reope=
ning
shall also decide on the merits.
Article 87=
Complementary
provisions
Unless otherwise pro=
vided
for in this part, the provisions of the other parts of this law apply mutat=
is
mutandis.
Part 10 Prov=
isional
proceedings
Article 88 Suspending
effect
(1)
An objection and an action for the repeal of an administrative act suspend =
the
legal effects of a disadvantageous administrative act until this act becomes
final.
(2)
An objection or an action do not have suspending effect
1.
if an administrative body has revoked the suspending effect (Art. 115 para.=
2
LGAP),
2.
as far as the payment of public revenues (taxes, fees, custom duties, costs,
social security contributions or other comparable financial obligations) is
concerned,
3. if so provided by la=
w.
Article 89 Restoration,
ordering and declaration of the suspending effect
Article 90 Administrative
acts affecting third persons (1)
If a third person files an objection or an action for the repeal of an
administrative act against a beneficial administrative act, the court may 1.
on a petition by the beneficiary revoke the suspending effect of an objecti=
on
or an action, or 2.
on a petition of a third person order or restore the suspending effect. (2)
If the addressee of a disadvantageous administrative act which is beneficial
for a third person files an objection or an action for the repeal of this
administrative act, the court may on a petition of the third person revoke =
the
suspending effect of an objection or action. (3)
Art. 89 para. 2 to 4 apply mutatis mutandis. Article 91<=
span
style=3D'mso-tab-count:1'> Temporary
injunctions Article 92<=
span
style=3D'mso-tab-count:1'> Complementary
provisions Article 93&n=
bsp; Decision
on the apportionment of costs Article 94&n=
bsp; Legal
remedy against decisions on the apportionment of costs Article 95&n=
bsp; Principles
for the apportionment of costs Article 96 Article 97 Article 98 Article 99 Article 100&=
nbsp; Failure
to take evidence in administrative proceedings Article 101&=
nbsp; Costs
based on fault Article 102 Violation of
procedural rules in administrative proceedings Article 103&=
nbsp; Distribution
of costs between several parties Article 104&=
nbsp; Reimbursable
costs (1) The following costs are reimbursable: <=
o:p> 1. court fe=
es, <=
o:p> 2=
. costs
and fees for lawyers, <=
o:p> 3=
. the
costs for an administrative remedy procedure, <=
o:p> 4. the costs for interpreters and translators mandated by the court =
and <=
o:p> 5. all other costs which were necessary to conduct the proceedings.<=
o:p> Article 105&=
nbsp; Determination
of reimbursable costs Article 106 (1) The ruling on the determination of costs can=
be
challenged by complaint within 15 days of its service. (2) A special chamber of the first instance court
(Art. 6 and 8 para. 2) decides on the complaint. This decision is
non-appealable. Article
107 General
Provisions (1) Deci=
sions of
the administrative courts and other enforceable titles (Art. 108) shall be
enforced according to the provisions of this part. Article 108&nbs=
p; Enforceable
titles Enforceab=
le
titles are: 1. final =
court
decisions, 2. final =
rulings
in provisional proceedings (Art. 89 para. 4, 91 para. 1), 3.
acknowledgements (Art. 52), 4. court
settlements (Art. 54), 5. final =
rulings
on the determination of costs (Art. 105), 6. other =
titles
if provided for by law. Article
109 Enforcement ag=
ainst
individuals, legal entities and other entities entitled to sue For the enforcement against indivi=
duals,
legal entities and other entities entitled to sue the provisions of part 9 =
of
the Law on General Administrative Procedure apply mutatis mutandis. Article 110&nbs=
p; Enforcement
against administrative bodies (1) For t=
he
enforcement of non-monetary obligations against an administrative body the
enforcement means under Art. 111 to 113 apply. (2) For t=
he
enforcement of monetary obligations against an administrative body the
enforcement means under Art. 111 and 113 apply. Beyond that, the administra=
tive
courts may charge the enforcement authorities of the civil judiciary with t=
he
enforcement. The administrative court may determine the means of enforcemen=
t.
The enforcement authorities are bound by the orders of the administrative c=
ourt
and have to give enforcement against administrative bodies priority to other
enforcement cases. (3) Prior=
to
issuing a writ of enforcement against an administrative body, the
administrative court shall notify the head of the respective body of its
intention to proceed with enforcement. The notification has to name the mea=
ns
of enforcement and set a deadline for voluntary compliance. This deadline m=
ust
not exceed 30 days. (4) The p=
rior
notification and the setting of a deadline are not required for the enforce=
ment
of a temporary injunction or in other urgent cases. (5) Public
property which is indispensable for the performance of public tasks or whose
disposal would be in conflict with the public interest are exempt from
enforcement of monetary obligations. On a respective complaint, the
administrative court shall rule after hearing the competent supervisory
authority or, in the case of supreme authorities, its head or his/her
representative. Article 111&nbs=
p; Penalty
fines If an
administrative body fails to comply with an enforceable title the
administrative court may impose and enforce a fine against the administrati=
ve
body or its head between 2.000 and 100.000 kuna. The notification under Art.
110 para. 3 has to specify the body or the person against whom the fine wil=
l be
imposed as well as the amount to be imposed. The notification, the impositi=
on
and the enforcement of the fine may be repeated. Article 112&nbs=
p; Issuance
of administrative acts by the court If an
administrative body fails to comply with an obligation to issue an
administrative act in due time, the administrative court may in suitable ca=
ses
issue the act itself. Article 113&nbs=
p; Commissioner (1) If it=
is
probable, that measures under Art. 110 para. 2 sentence 2, 111 and 112 will=
not
lead to the compliance with an enforceable title the administrative court m=
ay
appoint a commissioner. The commissioner works under the supervision of the
administrative court. He/she =
is
authorized to take all measures necessary to comply with the title to be
enforced. The head of the administrative body and all other public servants=
and
employees working at the respective body have to follow the commissioner&ac=
ute;s
orders. (2) The
commissioner is selected by the administrative court among high ranking pub=
lic
servants working for the supervisory authority of the body against which the
enforcement is directed, among other high ranking public officials or among=
judges
of the administrative court competent for the respective enforcement case. =
The
appointment can only be refused because of health impairments or similar gr=
ave
reasons. (3) The r=
uling on
the appointment of a commissioner has to be served to all parties of the co=
urt
proceedings. It divests the representatives of the administrative body agai=
nst
whom the enforcement is directed of their competence in the respective case=
. (4) The
commissioner receives a financial compensation of 200 kuna per hour in addi=
tion
to his/her regular salary. (5) The costs for the commissioner=
as well
as the costs for the measures taken by the commissioner have to be borne by=
the
body against whom the enforcement is directed. Article 114 &=
nbsp; Reference
to the Civil Procedure Act As far as this law d=
oes not
contain specific procedural provisions, the provisions of the Civil Procedu=
re
Act apply mutatis mutandis, provided that this is not contrary to basic
principles of administrative court procedure. Article 115 &=
nbsp; Supreme
Administrative Court of the (1) The
Administrative Court of the (2) Judges who on the day this law=
enters
into force are employed at the Administrative Court of the (3) Senior court advisors and court
advisors who on the day this law enters into force are employed at the Admi=
nistrative
Court of the (4) Civil servants who on the day =
this law
enters into force are employed at the Administrative Court of the (5) Employees who on the day this =
law
enters into force are employed at the Administrative Court of the Article 116 Establishment
of administrative courts of first instance (1) The administrative courts of f=
irst
instance in (2) The commissioners in cooperati=
on with
the Ministry of Justice of the (3) For the recruiting of new judg=
es the
general provisions for the appointment of judges apply. The recruiting of n=
ew
court advisors and other personnel falls into the responsibility of the
President of the Administrative Court of the Article
117 Delegation of =
judges
to the Administrative Court of the For
each administrative court of first instance five judges have to be appointe=
d at
the latest until six months after this law has been published in Narodne
Novine. These judges are then temporarily delegated to the Administrative C=
ourt
of the Administrative Court of the Article
118 Proceedi=
ngs on
a request for the protection of constitutionally guaranteed human rights and
fundamental liberties Article 119 &=
nbsp; Pending
cases (1) Of the cases pending at the
Administrative Court of the Republic of Croatia at the moment this law ente=
rs
into force the 8000 cases filed most recently are transferred to the
administrative courts of first instance except 1. provisional proceedings (Art. 8=
8 to 92)
and 2. cases which the Supreme Adminis=
trative
Court of the For the distribution of the cases =
to be
transferred Art. 7 applies. The transferred cases are decided according to =
this
law. Article 120 &=
nbsp; Entering
into force Article
121 Expirati=
on of
the Law on Administrative DisputesPart=
11 &nb=
sp; Costs
of proceedings
Par=
t 12 &=
nbsp; &=
nbsp; Enforcement
(2) The jurisdiction for enforcement lies
with the first instance court (Art. 6 and 8 para 2).
(3) Enforcement proceedings are initiated
upon a motion by the enforcement creditor. Decisions on enforcement matters=
are
taken by ruling.
(4) The mea=
ns
of enforcement has to be chosen with respect to the principles of effective=
ness
and proportionality.
(5) In addition to the enforcement provis=
ions
of this law the provisions of the Enforcement Act apply mutatis
mutandis.
Par=
t 13 &=
nbsp; Complementary
provision
Par=
t 14 &=
nbsp; Transitional and concluding
provisions