Postupak u parnicama za zaštitu od diskriminacije

Abstract

Civil procedure in antidiscrimination lawsuits is a special procedural method for civil law protection against discrimination. The legislative framework of this civil procedure encompasses: the Anti-Discrimination Act, the Gender Equality Act, the Act on Prevention of Discrimination against Persons with Disabilities, and the Civil Procedure Act. This dissertation presents the results of theoretical and empirical research of the basic principles governing litigation in anti-discrimination lawsuits, the participants in these proceedings, as well as the form, the content and the effects of the actions undertaken in the litigation, including special rules about shifting the burden of proof which are essential for providing effective protection against discrimination. The specific rules about the parties’ legal capacity, the content and legal nature of claims, the course of proceedings, judicial decisions and legal remedies are analyzed in detail. The shortcomings of the existing legislative framework and difficulties in its enforcement are examined on the basis of critical analysis of legal norms and the research of case law. The conclusions reached in this dissertation are guidelines for normative and practical development of the civil procedure in anti-discrimination lawsuits, with the aim to increase its efficiency and effectiveness.