Protection of the Right to Local Self-government Before the Administrative Court of the Republic of Croatia

Ustavom Republike Hrvatske zajamčeno je pravo na lokalnu i područnu (regionalnu) samoupravu i osigurava se odgovarajuća pravna zaštita. U radu se razmatraju postupci zaštite tog prava pred Ustavnim sudom i Upravnim sudom Republike Hrvatske (zaštita izbornih prava, zaštita integriteta predstavničkog tijela u slučaju njegova raspuštanja, u upravnom i kvaziupravnom sporu) s naglaskom na sudskoj praksi.The aim of the article is to present the system of legal means for the protection of the right to local and regional self-government guaranteed by the Constitution of the Republic of Croatia. Starting from the position and form in which these rights are exercised, the author groups the nature of particular rights which determine procedural institutes for the protection from possible violation. By this method, the protection system of electoral rights is presented, which is regulated by special institutes of the electoral procedure and supervision by the Constitutional Court of the Republic of Croatia. The protection of the rights of citizens in the matters in which local self-government bodies decide on an individual right or obligation is briefly presented. That is, the protection of the rights of citizens based on the provisions of the Law on General Administrative Procedure and Court Protection before the Administrative Court of the Republic of Croatia in administrative disputes marked by the problem of full jurisdiction in court proceedings. Administrative dispute as an institute for the protection of the integrity of a representative body is specially analysed in the light of the decision of the Government of the Republic of Croatia to dissolve the representative body of local self-government and the claim for the protection of human rights and fundamental freedoms guaranteed by the Constitution (quasi-administrative dispute). The article is especially concentrated on this with regard to a relatively small number of disputes so far and thus not particularly extensive court practice. The examination and partial presentation of concrete judgments show a high degree of compliance with procedural and substantive legal norms in the conduct of the Government of the Republic of Croatia concerning its authority to dissolve representative bodies on the basis of Article 85 of the Local and Regional Self-government Act. In the presentation of the mentioned institutes, the author cites and refers to the sources of court practice in order to help practitioners in asking and solving concrete questions in the manner which will eliminate the need for the intervention of the Court