EFFICACY OF LAW IN THEORY AND PRACTICE: THE EFFECTIVENESS OF THE ADJUDICATION

The efficacy of the law is a crucial topic in legal theory and legal practice. The theoretical problem relates to different understandings of the concept of the efficacy, and this research addresses specifically the meaning of that concept as the application of the law in adjudication. A more detailed analysis of this term is further developed into a theoretical framework that can serve to explore the adjudicative effectiveness in particular positive legal systems. Among the various elements that fall under the underlying concept of adjudicative efficacy, this article will pay specific attention to the issue of the effectiveness of the initiation of adjudicative proceedings. The first practical problem refers to the question how the (in) effectiveness of the adjudicative application of the law in various elements of this concept, and in particular regarding the aspect of initiating adjudicative proceedings, affects economic and political relations in the political community. The second practical problem is how to improve the efficiency of the initiating of adjudicative procedures to achieve the effectiveness of the law and thus the specific economic and political goals. Based on the theoretical framework and the answers to practical questions in this research we will look at the issue of the efficiency of the initiation of adjudicative proceedings in the Republic of Croatia.