State governance and admiNistration of justice Unit 6

Principle of separaton of powers SEPARATION of powers ≠ CONCENTRATION of power in one person / body → SEPARATION of different functions / persons responsible for those functions = a system of CHECKS AND BALANCES - each of the branches limits the powers of the the other - controls their work, makes sure their powers are not overstepped

THREE FORMS / BRANCHES OF THE STATE POWER LEGISLATIVE / LAW-MAKING POWER (LEGISLATURE) EXECUTIVE POWER JUDICIAL POWER (JUDICIARY) bodies Unicameral / bicameral One-chamber / two-chamber (lower and upper chamber) PARLIAMENT members / representatives elected by the citizens (right to vote) GOVERNMENT: cabinet ministers + prime minister - depend on the outcome of elections (winning party) PRESIDENT COURTS – different court instances e.g. court of first instance…. appeal court… supreme court JUDGES

Powers of the legislative branch to examine and debate legislative proposals / bills to accept the final version of the legislative proposal (put forward by the executive branch, individuals or interest groups) to enact / pass / lay down laws to ratify international treaties to control the work of the executive branch

Powers of the executive branch GOVERNMENT to govern the state to design and implement policies in different areas of life to draw up strategies to allocate state budget funds to different sectors (governmental departments) / activities PRESIDENT to represent the state in the country and abroad to act in accordance with the constitution

Powers of the judicial branch to apply and interpret laws to enforce law through courts to act according to the principles of impartiality and independence (judges)

Vocabulary work 1. Translate the description of each state power into Croatian II. Combine the synonyms in the following table: 1 law-making power a to allocate funds 2 to make judicial decisions b treaties 3 to distribute amount of money c unicameral parliament 4 international agreements d legislature 5 one-chamber parliament e to ratify 6 to adopt and implement international law in a national parliament f adjudication

Part II – Resolving Disputes Judicial branch of government administers justice CIVIL COURT CRIMINAL COURTS Procedural rules Fields of law: Family law, Administrative law, Civil law in the narrow sense Commercial law POSSIBILITY OF ADR = alternative dispute resolution (instead of going to court)

COMPARING CIVIL & CRIMINAL CASES PARTIES prosecutor (usually the state) Defendant claimant (injured party) 2. Defendant PURPOSE - to prosecute and punish an offender for a crime committed - to prove GUILT - to obtain a remedy for a wrong committed - to establish LIABILITY STANDARD OF PROOF - beyond reasonable doubt - balance of probabilities REMEDIES 1. non-custodial sentences fine (paid to the state) community service 2. custodial sentence (imprisonment) damages (compensation for damage/injury/loss, paid to the claimant) injunction (prohibition of harmful conduct)

ADR – alternative / online dispute resolution Read the text, pp. 46 – 47 and: Explain what is ADR Present the functioning of EU ODR Name and comment the benefits of ADR / ODR