중동부유럽
연구정보
[법률] Rule of Law in the EU and the State of Croatian Judiciary
크로아티아 국외연구자료 연구보고서 - SSRN 발간일 : 2024-04-10 등록일 : 2024-04-18 원문링크
The European Union never singled out Croatia as a member state with systemic rule of law violations or structural problems with independence of judiciary. The main challenges of the Croatian judicial system identified so far consistently concern problems with the efficiency and quality of judicial work and the lack of public trust in the judiciary, leading to the lowest level of perceived judicial independence in the EU. This chapter does not try to refute the Commission’s findings and argue that the Croatian judiciary is not independent or is subject to formalised political control of the executive or legislative branches of the government. Instead, this chapter aims to show that within the Croatian context, the understanding of judicial independence has been distorted and turned on the flipside, disabling the requisite level of democratic control over the judiciary through checks and balances, and making the Croatian judiciary almost impenetrable from the outside. While this system tends to discourage direct and overt political attacks on judiciary, leading to the rule of law backsliding like the ones in Hungary and Poland, its downside is the practical difficulty in addressing the systemic problems of judicial ineffectiveness, public mistrust, the lack of quality and other irregularities when they are supported and internalized within the system. Croatian “rule of law” problem with independence of judiciary may not be overt, but does exist and remains deeply imbedded within its mode of operation.
본 페이지에 등재된 자료는 운영기관(KIEP) 및 EMERiCs의 공식적인 입장을 대변하고 있지 않습니다.
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