Latest developments in 2019

• Author: Bojic, Ines
• Pages: 111-116

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12 LATEST DEVELOPMENTS IN 2019

12.1 Legislative amendments

In 2019 amendments to the Civil Procedure Act entered into force including changes to

the provisions regulating appeal on points of law (revizija), which regarding anti-

discrimination proceedings, were previously considered to be controversial.464 The Anti-

discrimination Act provides that an appeal on points of law in anti-discrimination cases is

always admissible, however the case law showed a different picture, since the Supreme

Court had in most anti-discrimination cases decided to dismiss an appeal on points of law

as inadmissible, because the cases did not fulfil the criteria for an extraordinary appeal

on points of law, the remedy being admissible rarely and only in exceptional situations.

Therefore, despite the provisions of the Anti-discrimination Act, the Supreme Court took

the view that in anti-discrimination cases, an appeal on points of law is admissible only

when the value of the case is above the statutory threshold that had also been confirmed

by the Constitutional Court. The result of this interpretation was that parties in anti-

discrimination proceedings had almost never been entitled to file an appeal on points of

law, although such a legal remedy had been granted to them by the Anti-discrimination

Act.

The amendments to the Civil Procedure Act introduced new regulations on the

admissibility of the appeal on points of law, prescribing in general that this remedy is

admissible only if the Supreme Court decides that it is admissible in each specific case,

granting permission upon the request of the party to file an appeal on points of law, or

refusing such a request.465 At the same time, the Civil Procedure Act provides exceptions

from that general rule, stating that an appeal on points of law is always admissible in

certain proceedings, including in anti-discrimination proceedings.466 It is yet to be seen

how will this reflected in the quality and effectiveness of anti-discrimination protection in

practice.

12.2 Case law

Name of the court: Constitutional Court of the Republic of Croatia

Date of decision: 6 March 2019

Name of the parties: M.C.

Reference number: U-III-4141/2018

Link:

https://sljeme.usud.hr/Usud/Praksaw.nsf/C12570D30061CE54C12583B70030C358/$FIL

E/U-III-4141-2018.pdf

Brief summary: The applicant, M.C., a person with a disability, filed a Constitutional

complaint before the Constitutional Court of Croatia stating that he had been denied the

‘right of priority under equal conditions’ during the process of applying for a position of

deputy chief prosecutor and claiming, inter alia, that such conduct represents

discrimination. The right cited by the applicant is established by the Act on professional

rehabilitation and employment of persons with disability and it guarantees that, when

multiple persons apply for the same position in public services and fulfil the same

requirements, the person with a disability has to be given an advantage in employment.

The applicant, who had scored a lower score on the tests than the candidate who was

eventually employed, argued that he had not been treated equally and that, according to

the provision cited, as person with a disability, he had to be employed. However, the

Constitutional Court clarified that in this case, the applicant had had a lower score on the

relevant test than the other candidate and that therefore the ‘equal conditions’

464 Civil Procedure Act, 1 September 2019, Zakon o parničnom postupku, Official Gazette 53/91, 91/92, 58/93,

112/99, 88/01, 117/03, 88/05, 02/07, 84/08, 96/08, 123/08, 57/11, 148/11, 25/13, 89/14, 70/19.

465 Civil Procedure Act, Article 382.

466 Civil Procedure Act, Article 382a.