Croatia is interested in the European Rechtspfleger

Discussion with the Ministry of Justice

written by Anne Kappl

On 6 April 2009 the Croatian Minister of Justice, Mr. Prof. Dr. sc. Ivan Simonovic, and the President of the European Union of Rechtspfleger (E.U.R.) Thomas Kappl have been discussing in Zagreb about the improvement of the justice in Europe.

During the discussion the Secretary of State, Mr. Drazen Bosnjakovic, the President of the Supreme Court of Croatia, Mr. Branko Hrvatin, the head of the section for European affairs, Mr. Kristian Turkalj, Mrs. Dr. Aleksandra Maganic, university of Osijek, faculty of law, and further representatives of the Ministry of Justice were present.

Both partners in the talks agreed to the fact, that the judicial procedures have to go off efficiently and close to the citizens. Backlogs, which are to be found as in other countries also in Croatia, in particular within the range of the civil proceedings and the non-contentious jurisdiction, can be reduced, if judges will be relieved by transferring tasks on Rechtspfleger.

In Croatia the judges are supported by so called councillors. The councillors are preparing the judgements. But they do not have the power to sign the judgements for themselves. Kappl does not consider this system efficiently enough. On the contrary the judges should concentrate on civil and criminal procedures and prepare the judgements for themselves, while the councillors decide independently as a Rechtspfleger within other ranges of the jurisdiction, like land register, commercial register, enforcement, guardianship right, cost right etc.. Even if in Croatia the procedures of enforcement and probate are transferred to the public notaries, the Rechtspfleger can be responsible for these procedures.

Kappl handed over the green paper for a European Rechtspfleger to the Minister of Justice. Mr. Dr. Simonovic will include the proposal of the E.U.R. into the considerations of improving the justice in Croatia. Croatia, since 1 April 2009 a member of the NATO, is a candidate country to get the membership of the European Union (EU). The entry into the EU, which is to be expected in 2010, will be an
enrichment for the EU and a contribute for the creation of a uniform area of law in Europe.

The discussions with the Minister and with the judges, who are busy with the improvement of the justice in the Ministry, took place in an extremely friendly and cooperative atmosphere. For this we would like to thank cordially. The E.U.R. is at the disposal of the Croatian justice as an advisor. In a telephone call this was also agreed between Mrs. Fortuna, Institution for International Legal Co-operation (IRZ) with the seat in Bonn, Germany, and the President of the E.U.R.

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