engleski

Croatia: Omnipotent Judges as the Cause of Procedural Inefficiency and Impotence

The chapter elaborates the origins and history of civil procedure in Croatia since the second half of the nineteenth century (both before and after Croatia became an independent country). After an historical introduction, the author describes the current procedural structures in civil procedure, paying special attention to the distribution of powers between the judge and the parties. Self-understanding of the national judiciary and legal scholars, which regard civil procedure to be based on adversarial principles, is contrasted with the still strong inquisitorial powers that come to surface when analysing procedural routines and practices. The final part is devoted to recent reforms in Croatian civil procedure and to the attempts to stimulate mediation and other methods of alternative dispute resolution. Ambitious reformist plans did find their reflection in various legislative projects, but the practical impact and success of those reforms is still questionable.

Croatia, judges, civil procedure, efficiency

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