ORGANISATION OF THE JUDICIARY:
Organisation of the Judiciary
Organisation of the Judiciary
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 79159
ECTS: 4.0
Course coordinators: prof. dr. sc. Alan Uzelac
Lecturers: doc. dr. sc. Marko Bratković - Lectures
Exam dates:
  • 11. 11. 2019.
  • 27. 01. 2020.
  • 10. 02. 2020.
  • 20. 04. 2020.
  • 01. 06. 2020.
  • 15. 06. 2020.
  • 29. 06. 2020.
  • 31. 08. 2020.
  • 14. 09. 2020.
Exam registration: Studomat
Basic data
Organisation of the Judiciary Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 79159
Lecturer in charge Consultations Location
prof. dr. sc. Alan Uzelac

Thursdays at 15.00h.

Trg Republike Hrvatske 3, room 19
Lecturer Consultations Location
doc. dr. sc. Marko Bratković (Lectures) Trg Republike Hrvatske 3, room 41 (IV. kat, u potkrovlju)
Literature
Uzelac, A.; Europsko sudstvo: između birokratske organizacije i korporativne svijesti, u: Zbornik Pravnog fakulteta u Zagrebu, 43:5; (1993), str. 515-550
Dika, M.; O razvitku instituta sudske (sudačke) nezavisnosti u zapadnoevropskom civilizacijskom krugu: pokušaj rekonstrukcije povijesne geneze, Zbornik Pravnog fakulteta u Zagrebu, 42/4 (suppl.); (1992), str. 511-533
Uzelac, A.; Hrvatsko pravosuđe u devedesetima: od državne nezavisnosti do institucionalne krize, Politička misao, 38/2; (2001), str. 3-41
Vladavina prava i pravosudni sustav: sporost pravosuđa kao prepreka pridruživanju, u: Ott, K. (ur.), Pridruživanje Hrvatske Europskoj uniji: Izazovi institucionalnih prilagodbi; (2004), str. 99-123
Description
The subject comprises the subject-matter of the organisational civil procedural law; the organisation of courts and other state bodies that participate in performing the judiciary functions, as well as the organisation and structure of other state bodies and professions that contribute to the functioning of the judicature. Apart from the basic theoretical issues, the issues connected to practical problems in the functioning of the judiciary and the implementation of the judicial reforms are discussed within the subject. The following topics are covered within the subject: the definition of the judicature and its separation from other spheres; the reform of the judiciary and its meaning in the European integration process; the institutions and professions that participate in administration of justice - a general survey; the sphere of judiciary activity and its role in the realisation of fundamental constitutional values, especially the rule of law and state of rule of law; independence of the judiciary: the role, definition and problems; citizens and the judiciary: the rights to have an access to the judiciary, the right to judicial proceedings in a reasonable time; judiciary power and courts: the definition, jurisdiction and role; the organisation of judiciary staff: judges, state attorneys, court services, the legal profession, other participants in judiciary functions; the efficiency of the judiciary: the definition, evaluation, statistic monitoring; the reform of the judiciary in Croatia: the survey of the problems and the developmental trends.
Exam dates
11. 11. 2019.
27. 01. 2020.
10. 02. 2020.
20. 04. 2020.
01. 06. 2020.
15. 06. 2020.
29. 06. 2020.
31. 08. 2020.
14. 09. 2020.
Detailed data
Cognitive Skills:

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

 

Knowledge

- recognise institutions and professions that participate in judicial processes

- define the judiciary, judicial power and reforms of the judiciary

 

Understanding and application

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

- describe the role of the judiciary in ensuring basic constitutional values

- explain individual and professional aspects of the independence of the judiciary

- discuss the riight of citizens to access to the judiciary and speedy procedure

- select an appropriate model of finding sources of efficient reforms of the judiciary

 

Analysis

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

- distinguish legally formulated law and its application in practice

- categorise staff in the judiciary (judges, state attorneys, assisting services, the legal profession, notaries public etc.)

 

Synthesis and evaluation

- evaluate the meaning of the judiciary in the European integration process

- compare domestic and foreign judicial litigation practice

 

 

 

Practical and Generic Skills:

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

- argument their standpoints orally and in writing

- consider justifiability of law reforms and critically evaluate their successfulness

- find arguments for and against the regulation of individual institutes

Matching Assessments to Learning Outcomes:

The work of individual students is continuously monitored during the course, and in particulkar the poroficiency of the student to prepare an independent presentation on a previously determined topic. The student's skill of presenting in front of the colleagues and teachers and jjustification of their own points of view will also be evaluated. The final grade will be formed on the oral examination, which, in agreement with the student, can be replaced by a seminar paper written on the basis of conducted research and/or analysis of domestic and foreign litareture, and oral presentation and defense of the paper in a structured interview with the teacher. In this interview the student's knowledge and understanding of the relevant subject matter and their analytical abilities will be assessed.