Neusklađenost posebnih postupovnihodredbi u postupcima izvlaštenja sa Zakonom o općem upravnom postupku

Abstract

The principle of consistency and principle of legitimate expectations of citizens are the basis for the treatment of administrative bodies of any national or supranational level. The purpose of this principle is that the administrative bodies, by applying the usual and publicly announced procedure, treat citizens in the same way. Harmonized and systematic procedures guarantee the legal security, certainty and protection of legitimate expectations of citizens. The Republic of Croatia adopted in 2009 a completely new procedural act precisely with the intent to ensure the application of these principles. However, the question is how far the provisions are in line with the general procedural regulation in the law-making process (following the adoption of a new General Administrative procedure Act). This paper analyse the procedural provisions of the Expropriation and Determining of Compensation Act (passed in 2014), and points to the unnecessary number of procedural provisions that are often incompatible with, or they are completely contrary to the General Administrative procedure Act.