NOOSES OF HARMONIZATION OF DOMESTIC REGULATIONS WITH LEGAL HERITAGE OF EUROPEAN UNION (Through example of unconstitutionality of one domestic legal institute)

Milan Blagojević

doi:10.56461/spz17112B

Authors

Milan Blagojević Judge of the District court of Banjaluka Associate Professor at Faculty of Law, University of Business and Management Engineering Banja Luka

DOI:

https://doi.org/10.56461/spz17112B

Keywords:

constitutionality, rule of law, unconstitutionality, transposition of law, harmonization of law, default judgement.

Abstract

In this paper the author writes on one topic which is not written about so far at us. It is word on appearance that during harmonization of domestic regulations with the law of European Union, law of the EU is very often uncritically transposed into domestic legal order. As a consequence, i.e. due to that it is not possible to realise some human rights, and in practice it leads to the violating of these rights as well. This thesis is corroborated by example from Republic of Croatia. In central part of the paper domestic legal institute of default judgement is subjected to the constitutional-legal critique in a way which points out unconstitutionality and irrationality of that institute. In the final part the author has given proposals how to remove such irregularities in a way which enables harmony in domestic legal order and it is not contrary to the legal heritage of European Union.