On the (in)compatibility of the Authentic Interpretation of the Law in Croatian Law with the Principles of Separation of Powers and Rule of Law: A View through the Prism of Constitutional Judicial Practice

Gordan Struić
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Abstract

Bearing in mind that the Croatian Constitutional Court recently abolished the provisions on the authentic interpretation of the law, and considering the fact that it is a legal institute which raised a number of criticisms among the scientific and professional public and resulted in opposite positions of the Croatian Constitutional Court on the question of its constitutionality, the paper examines the issue of (in)compatibility of that legal institute with the constitutional principles of separation of powers and rule of law. To this end, the stated principles are examined by using relevant literature and constitutional judicial practice, while the practice of the Croatian Constitutional Court on (un)constitutionality of authentic interpretation is examined by considering the content of its decisions, with reference to certain examples from comparative constitutional judicial practice. It was concluded that giving an authentic interpretation, until its abolition, was in accordance with the principle of the separation of powers as long as such interpretation was not related to a specific court case and that it was in accordance with the principle of the rule of law as long as such an interpretation was not applied to those cases that had already become resolved.
论克罗地亚法律对法律的真实解释与三权分立和法治原则的兼容性:宪法司法实践的棱镜视角
铭记克罗地亚宪法法院最近废除了关于法律的真正解释的规定,并考虑到它是一个法律机构,在科学界和专业公众中引起了若干批评,并导致克罗地亚宪法法院在其合宪性问题上持相反立场,本文探讨了该法律机构与三权分立和法治的宪法原则的兼容性问题。为此目的,通过使用有关文献和宪法司法实践来审查所述原则,而克罗地亚宪法法院关于(不)符合宪法解释的做法则通过考虑其决定的内容来审查,并参考比较宪法司法实践中的某些例子。得出的结论是,在废除之前作出真正的解释是符合三权分立原则的,只要这种解释不涉及具体的法庭案件,而且只要这种解释不适用于已经解决的案件,它也是符合法治原则的。
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