Evolving case law post-CJEU decision on judicial independence

This ruling signals the need for evolution within the Croatian legal system, eliminating outdated roles and reshaping how courts achieve legal consistency. While awaiting such legislative amendments, judicial panels can now make decisions independently, without the obligation to follow the existing legal opinions from section meetings. The role of the recording judge, which is limited to recording files, should not block the dispatch of the panel's decision, regardless of its content.

The Supreme Court is concerned that this shift, coupled with Croatia's heavy caseload, could lead to inconsistent rulings. To address this, a new referral mechanism may be proposed, allowing judges not on the designated judicial panel to refer cases to an extended panel under specific conditions: the case must not have been previously decided, the referral process must be legally defined, and all parties must be allowed to participate. This approach ensures judicial independence while striving for uniform case law.

As Croatian courts evolve, these changes could offer a more balanced approach, protecting their independence and ensuring consistent decisions. In the meantime, legal professionals are entrusted with navigating these changes, leveraging their expertise to manage dispute resolution.

authors: Vice Mandarić, Lucija Krznar