Study:
Code:	116600
ECTS:	4.0
Course coordinators:

Literature:

Description:

Students gain knowledge on aspects of judicial control over the work of the administration: administrative judicial control, constitutional judicial control at the national level, proceedings before the European Court of Human Rights and judicial control of the administration by the Court of Justice of the European Union. Students analyze judgments and other decisions of courts in the administrative dispute or procedure before Constitutional Court, etc. Through the judgments of administrative courts, students have detail insight into the institutes of administrative disputes, the jurisdiction of administrative courts, parties in administrative disputes, complaints that initiated the administrative dispute and the validity of the allegations in the lawsuit. The fulfillment of the preconditions for initiating an administrative dispute is assessed. The possibility of lodging an appeal to a higher court is being examined. Possibilities for further steps of legal protection before the Constitutional Court are being discussed. Decisions of the Constitutional Court of the Republic of Croatia and the exhaustion of domestic remedies and the possibility of initiating proceedings before the European Court of Human Rights are analyzed. Students analyze judgments of the European Court of Human Rights. Certain provisions referring the Court of Justice of the European Union from the Treaty on the Functioning of the European Union and the protection of fundamental rights in the European Union through the Charter of Fundamental Rights of the European Union are analyzed.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- explain national system of judicial control of administration

- express basic characteristics of constitutional law control of administration;

- describe European system of judicial protection against illegal operation of national administration;

- describe administrative dispute in European law

 

Application

After successfully completing the course, students will be able to:

- manage national legal sources related to judicial control of administration;

- apply knowledge about the European system of judicial protection against illegal oeperation of national admnistration;

- use the European Convention for the protection of human rights and fundamental freedoms in the relation between the administration and citizens;

- give examples for the application of the Constitutional Act about the Constituitional Court on the control of the work of administration.

 

Analysis

After successfully completing the course, students will be able to:

- distinguish control of administration in various court procedures;

- compare different mechanisms of court protection against illegal operation of administration;

- analyse judicial control over individual and general acts;

- categorise prosecutors and defendants in different court procedures related to judicial control of administration.

 

Synthesis

After successfully completing the course, students will be able to:

- generalise the influence of the practice of the Constitutional Court of the Republic of Croatia on domestic public law bodies

- anticipate what would happen if administration acted illegally;

- formulate consequences of the violation of the European Convention on human rights in the relations between the state and citizens;

- propose application of legal sources of European law related to judicial control of administration on a certain case.

 

Evaluation

After successfully completing the course, students will be able to:

- compare different models of judicial control of administration, to select a better one and explain the selection

- valorise the manner of administration's action

- reexamine manners of applying the European Convention for the protection of human rights and fundamental freedoms on a certain case;

- estimate the future development of judicial control of administration in Croatia under the influence of the European system of protection against illegal operation of the administration

Practical and Generic Skills:

After successfully mastering the course, students will be able to:

- clearly and precisely exprewss themselves, presenting acquired learning outcomes;

- argument their opinions;

- adjust to the changes in Croatian legal system due to the Croatian accession to the EU;

- develop ability to learn;

Matching Assessments to Learning Outcomes:

Written examination (test of knowledge with open questions) and oral examination for all learning outcomes.

Consultations schedule: