Study:	Administrative-Legal - 5. semester
Code:	123672
ECTS:	5.0
Course coordinators:	prof. Jasna Omejec prof. dr. sc. Lana Ofak prof. dr. sc. Frane Staničić prof. dr. sc. Marko Šikić izv. prof. dr. sc. Mateja Held izv. prof. dr. sc. Marko Turudić
Lecturers:	mr. sc. Davor Rajčić , v. pred. - Lectures
Exam dates:	12. 06. 2024. 26. 06. 2024. 10. 07. 2024. 28. 08. 2024. 11. 09. 2024. Exam registration: Studomat

Literature:

Krtalić, Vladimir; Korištenje zemljištem; (2004), str Zakon o prostornom uređenju, NN 153/13, 65/17, 114/18, 39/19, 98/19; , str Zakon o gradnji, NN 153/13, 20/17, 39/19, 125/19; , str Prezentacije s predavanja dostupne putem sustava za e-učenje Merlin; , str

Optional literature:

Borković, Ivo; Upravno pravo; Narodne novine (2002), str Ofak, Lana; Environmental Law - Croatia; Kluwer Law International (2016), str Held, Mateja; Perkov, Kristina; Spatial planning in the EU and Croatia under the influence of COVID-19 pandemic; EU and comparative law issues and challenges series 6 (2022) (2022), str. 591-624 Held, Mateja; Judicial Review of Spatial Plans as a Prerequisite of Economic Development in Croatia; Sixth Bosnian Herzegovinian, Croatian and Turkish Jurist Days - The Legal Framework for Economic Competitiveness (2019), str. 110-132

Description:

The sources of construction administrative law (4h) Laws, the strategy of spatial planning, administrative decisions, bylaws of local and regional self-government units. Spatial planning (8h) The concept of spatial planning. The development in Croatia. The system of spatial planning, documents related to spatial planning (the strategy of spatial planning, regional plans - counties and the City of Zagreb, special areas, towns and communes, general plans, detailed plans, other urban and zoning plans). The procedure of passing administrative decisions concerning town planning and zoning and issuing location permits. Construction (10h) Basic terms construction/building, edifice, temporary edifice, reconstruction, ground work (preparations), building site, demolition. Technical characteristics important for an edifice (reliability, mechanical resilience, fire risk management, health protection, protection from injuries, noise, vibrations, and corrosion). Construction products and construction equipment. Types of edifices (apartment buildings and family houses, industrial facilities, transport facilities (roads, highways, ports, railroads, airports), power plants, water-works). Participants in construction. Construction documents (main project, blueprints). The concept and legal character of building permit. Buildings for which a building permit is not required. Issuing of building permits - competences and procedure. Legal consequences of building without a permit. Administrative supervision and inspection over construction projects.The protection of public interest and of physical and legal entities rights with regard to the documents related to spatial planning and construction Special administrative procedures. (8h) Parties in the procedures of issuing building permits and passing of spatial planning documents. Administrative supervision and inspection. The right to appeal. Special legal remedies. Misdemeanour and criminal responsibility for illegal construction. Administrative dispute (protection from illegal administrative documents).

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- define basic institutes of construction administrative law (spatial plan, location permit, building permit etc.)

- critically evaluate and recognise various types of administrative acts issued in spatial planning and construction procedures (location permit, building permit etc.)

- explain the application of law to individual cases

- explain legal consequences for illegal construction

- name relevant bodies in spatial planning and construction procedures

- explain basic elements of spatial planning (competence, the manner of issuing spatial planning acts)

 

Application

After successfully completing the course, students will be able to:

- group and describe types of administrative acts and bylaws passed in the area of spatial planning and construction

- understand the purpose of existence of special rules governing spatial planning and construction, and the importance of adequate application of these rules in legal order

- apply special sources of construction administrative law (Spatial Planning Act, Construction Act, Building Inspection Act)) in an appropriate manner in individual cases

- use knowledge about court protection of the rights of citizens against illegal decisions of competent bodies in the area of spatial planning and construction

 

Analysis

After successfully completing the course, students will be able to:

- analyse consequences of illegal construction (making the decision about the removal of illegally constructed building)

- distinguish among areas of spetial planning and construction

- analyse procedures made on the occasion of issuing spatial plans and building acts

- compare various spatial planning documents with regard to their hierarchical connection (state, regional, local)

- analyse the significance of quality spatial regulation and legality of issuing building acts for legal safety and legal position of citizens

 

Synthesis

After successfully completing the course, students will be able to:

- construct resolution of problems that may occur during the application of law and bylaws that regulate the area of spatial planning and construction

- distribute the roles of individual competent bodies in the area of making spatial plans and passing building acts (competence of local and regional self-government units, competence of the state administration)

- reexamine the application of adequate sources of administrative law to a concrete case

- evaluate different cases of illegality that may ocur in the area of spatial planning and construction

- assess the regularity of the procedure of passing spatial plans and building acts

 

Evaluation

After successfully completing the course, students will be able to:

- reexamine the adjustment of procedures of competent bodies in the area of spatial planning and construction with legal regulation

- compare different building acts and conditions for their passing

- evaluate the significance and influence of spatial planning and construction for the everyday life and rights of citizens

- assess the legality of the work of competent bodies in disputes held on the citizens' requests, and those held by official duty (building inspection)

Practical and Generic Skills:

After successfullly mastering the course, students will be able to:

- orally present learning outcomes;

- express themselves in a clear and structured manner while presenting learning outcomes;

- independently prepare appropriate acts;

- argument their standpoints on issues from construction administrative law.

Matching Assessments to Learning Outcomes:

Oral examination is applied for all learning outcomes.

Consultations schedule:

• prof. Jasna Omejec:

  Tuesday from 18:30 to 20:00

  Location: Ćirilometodska 4, room 10 / prizemno
• prof. dr. sc. Lana Ofak:

  Mondays from 9:30 - 11:00 PAM

  Location: Ćirilometodska 4, room 3/prizemno
• prof. dr. sc. Frane Staničić:

  Tuesdays from 10:30AM-12PM

  Location: Ćirilometodska 4, room 11/prizemno
• prof. dr. sc. Marko Šikić:

  Wdenesdays from 4PM-5:30PM

  Location: Ćirilometodska 4, room 25, I. kat
• izv. prof. dr. sc. Marko Turudić:

  Tuesdays  9 -10.30AM.

  Location: Ćirilometodska 4, room 40A/potkrovlje