1. State governance and admiNistration of justice
Unit 6

2. 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

3. 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

4. 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

5. 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

6. 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)

7. 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

8. 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)

9. COMPARING CIVIL & CRIMINAL CASES
PARTIES
prosecutor (usually the state)
Defendant
claimant (injured party)
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)

10. 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