Evolution of the court/tribunal concept: Should we pursue its Europeanization?

Abstract

We live in times of rapid social, economic and legal changes. Traditional legal concepts, such as court or tribunal, are evolving. The modernization of law contributes to its alignment with the needs of the time when it is applied. Organizational and functional modernization of courts should be oriented towards Europeanization. This must be understood as a broader process than the mere reception of European law and taking over legal institutes from other legal systems without analyzing their actual meaning in the legal order which they are transplanted from, and without assessing whether they are in line with the domestic legal tradition and/or how they are to be included in the national legal system. The authors of this paper analyze key historical aspects in the development of the court system, European standards in defining the concept of a court/tribunal, and the Croatian experience in defining this concept. The authors discuss issues pertaining to the organizational and functional reform of the court system. which organizational structures should be vested with the judicial power and whether it is possible to maintain the principles rooted in classical legal standards.