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Zvonimir Jelinić
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引用次数: 1

摘要

欧盟是建立在法治基础上的,法治是一种政治和法律概念,体现了许多保障和原则,包括但不限于在欧盟范围内建立无障碍、高效和独立的国家司法体系。然而,在数学上很明显,一些国家的司法系统比其他国家的要好得多。此外,这些指标表明,欧盟成员国司法制度之间的差异如此之大,以至于令人质疑作为欧盟层面上提供的许多程序性文件的基础的相互信任原则是否有意义。在他的论文中,作者从两个层面探讨了克罗地亚司法制度的各种问题;从学术的角度和公众的角度来看。这两种观点都与欧盟司法记分牌和其他报告的调查结果相结合。审查了报告的可信性,并查明了克罗地亚司法系统内问题的关键方面。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE EU REPORTS AND OTHER SOFT-GOVERNANCE TOOLS ON RULE OF LAW, INDEPENDENCE, QUALITY AND EFFICIENCY OF JUSTICE SYSTEMS: ARE THEY RIGHT ABOUT THE CURRENT STATE OF JUSTICE SYSTEM IN CROATIA?
The EU is founded on the rule of law, which stands for the political and legal concept that em-bodies many guarantees and principles, including but not limited to having accessible, efficient and independent national justice systems across the EU. However, it is mathematically evident that some national justice systems perform a lot better than others. Moreover, the indicators show that the discrepancies between the justice systems of the EU Member States are so vast so that it brings into question whether the principle of mutual trust that serves as the very basis of numerous procedural documents delivered on the EU level makes sense at all. In his paper the author addresses various problems of the Croatian system of justice by ap-proaching them from two levels; from the academic point of view and from the public perspective. Both views are contextualized with the findings from the EU Justice Scoreboard and other reports. The trustworthiness of the reports is examined and crucial aspects of the problems within the Croatian justice system identified.
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