The Impact of the Croatian Anti-Discrimination Law on Private Law Relations

Abstract

The principles of equality and non-discrimination are embedded in numerous international agreements forming an integral part of the Croatian legal system, in the Constitution of the Republic of Croatia and statutory law. Over the last decade, the intensive legal development of the Croatian anti-discrimination law has been influenced both by the international and by EU law sources. To the special anti-discrimination legislation enacted due to the alignment of the existing Croatian legislation with the acquis communautaire belong primarily the Anti-Discrimination Act as lex generalis and the Gender Equality Act as lex specialis. However, provisions guaranteeing the principles of equality and non-discrimination can be found scattered all over numerous other leges specialis of both the public and private law nature. Having in mind the rising importance of these fundamental constitutional principles and their interference with many areas of private law, this paper tries to examine to what extent the newborn Croatian anti-discrimination law affects the private law relations and basic principles of civil law, such as the principle of private autonomy and freedom of contract.