engleski

Constitutional Courts and General Acts-Developments After the Dissolution of Yugoslavia

For almost 50 years, Croatia was one of the states of the Socialist Federal Republic of Yugoslavia. As one of its states, Croatia shared Yugoslavia’s legal and constitutional order. In 1963 Yugoslavia established a federal Constitutional Court, and six state Constitutional Courts. With the dissolution of the Socialist Federal Republic of Yugoslavia in the early 1990s, Croatia and other former states began to build their own legal and constitutional orders. One of the most important new legal issues was the jurisdiction for review of the legality of general acts. For the most part, Croatia decided to implement the Yugoslav solution from 1963. Therefore, the Constitutional Court of Croatia, according to the Constitution and the necessary extensive interpretation of the Constitutions' norms, had jurisdiction to review the legality of general acts, while the former Administrative Court of the Republic of Croatia had jurisdiction to review the legality of individual administrative acts. The system of review was thoroughly revised in 2010, when the newly established High Administrative Court received jurisdiction to, inter alia, review the legality of general acts. This new system represents the first departure from the old Yugoslav constitutional practice. The aim of this paper is to compare the development of the Constitutional Courts jurisdiction to review the legality of general acts in all the former Yugoslav republics, and to determine how the last quarter-century of independent development of their constitutional systems influenced the diversity of their solutions.

constitutional courts; general acts; former Yugoslavia

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