Diritto Pubblico Comparato ed Europeo

Sommario

1. Introduzione. – 2. Centralità del Parlamento nell’interpretazione della legge. – 3. Istituzione del controllo dell’Esecutivo. – 4. Ragioni inerenti l’intervento parlamentare sull’operato del Governo in politica estera. – 4.1. Deficit normativo. – 4.2. Inerzia post-comunista/percezione selettiva. – 4.3. Panorama politico. – 5. Conclusione.

Abstract

The purpose of the paper is to demonstrate that some of Croatia’s parliamentarian practices still reflect an authoritarian past, despite the democratic transition which facilitated the adoption of the first democratic Constitution of Croatia on the eve of 1991. Such practices can be detected in legal and political culture. This culture is to be understood as the system of shared beliefs, values, customs, behaviours, and artifacts that the members of society use to cope with in their world and with one another and that are transmitted from generation to generation through learning. The paper focuses on two parliamentary practices that have cristallized from 1990 onwards, namely, the practice of so-called authentic interpretation and the practice of stringent control of governmental action, especially in the domain of external relations. Both practices can be explained by a number of factors: an insufficient legislative framework, post-communist inertia, selective perception of key political actors and a specific political landscape. As such practices are significantly impairing the ability of Croatia to integrate into decision-making structures of the European Union, they will, arguably, have to be changed before accession.