Search

The paper analyses the new regulation of citizens’ rights in the Republic of Croatia established in the early 1990s. As part of the paper, a brief overview of the regulation of citizens’ rights in Croatia on the eve of democratic changes has been given. The author elaborates on the arrangement of citizens’ rights according to the Constitution of the Republic of Croatia of 1990 and the regulation of citizens’ rights in the period from the adoption of the Constitution until the declaration of independence on 8 October 1991. In addition, the author analyses the regulations on citizens’ rights since 8 October 1991 and the rules on citizens’ rights enacted after the declaration of independence. The main conclusion of the paper is that in the early 1990s, there was a significant break with the tradition in the direction of stronger emphasis on the individual position of a citizen and the protection of their rights. Similarly, the author points out that the transition to a new model of regulation of citizens’ rights was hindered by wartime circumstances and the restrictions on citizens’ rights that were introduced as a result of those circumstances. [ABSTRACT FROM AUTHOR]

The fiduciary transfer of property is a controversial institute of real law, dating back to Roman law, which has been revived and reshaped by modern practice. The institute, as a kind of conditional, content-limited property, has had its significant place in the Law on Property and Other Real Rights in Croatia for 25 years, as an atypical real guarantee that is functionally most similar to the right of lien. The subject of the paper is a comparative and axiological analysis of this institute in positive Croatian law and its status in Serbian law, whose positive regulations do not regulate this institute, but whose introduction is proposed by one of the two legal drafts. Considering the situation in Serbian judicial practice, which has been vacillating for a long time regarding the issue of the permissibility of this institute, and in doctrine - which generally recognizes it, the author’s position is that this institute should be standardized in Serbian law de lege ferenda, for legal certainty, whereby the Croatian regulation represents a potential model. Hence, it is important to critically assess certain segments of this solution, starting with the question of origin, expediency, content, effect and legal nature. The final goal of the paper is to evaluate the adequacy of the compared solutions, as well as formulate proposals for regulating fiduciary property de lege ferenda, as part of the planned reform of the Serbian civil law, as well as of the harmonization of national solutions at regional level. [ABSTRACT FROM AUTHOR]

When a lien is established by entry in a specific public register (registry), it is a registered lien – a mortgage. According to the method of establishment, the right of lien, which is established by entry in the public register (registry), is called a mortgage. In modern real law insurance systems, an important place is occupied by lien law insurance, which allows the creditor, upon maturity of the claim, if it is not settled, to be settled from the value of the pledged thing, regardless of whether the thing at the time of settlement is owned by the pledge debtor or not. In this sense, the arrangement of lien insurance on things that are restricted in circulation for social, political and security reasons is particularly important. Thus, for weapons, a special regulation has determined the regime of legal circulation characterized by various restrictions, approvals and records of possession and ownership. Possession of weapons in the Republic of Croatia is governed by the Act on the Acquisition and Possession of Weapons by Citizens. However, the assumptions, effects and procedure for registration of a registered lien on weapons as movable property are governed by the Act on the Register of Court and Public Notary Security of Claims on Movable Property and Rights. In this regard, there are various registers in which different actual rights to weapons are registered, and which are kept by different state bodies. The paper analyses the actual legal significance (declaratory and constitutive) of the registration of weapons in various registers, the procedure and legal consequences of the registration. Open issues of establishment and transfer of lien rights, satisfaction of the lien creditor, right to possession and use of weapons as pledge are highlighted. The adequacy of the existing types of entries in the Register of Court and Public-Notary Security of Claims on Movable Property and Rights is analysed. The paper offers to provide guidelines and possible solutions for the regulation of these issues de lege ferenda that would meet the general, political and legal interests, as well as interests in private law of real rights holders on weapons. [ABSTRACT FROM AUTHOR]

The COVID-19 pandemic that started at the beginning of 2020 has put great constraints and significant challenges in organization of social and economic life. This paper analyses the civil society response to the COVID-19 pandemic and presents specific adaptations and opportuni)ties to contribute to the society in the circumstances of the COVID-19 pandemic. The stories that civil society organizations published on the webpage ZADobroBIT.hr have been analysed by the means of a qualitative research. Thematic analysis in different scopes of activities shows that civil society organizations were more focused on the general population and various vulnerable groups. Vulnerable groups were recognized as those needing particular additional support in the course of this period. The activities aiming at general population focused on newly emerged needs related to civil protection. Civil society also worked on keeping the everyday routines in communities by conducting various types of activities. Informing and educating aimed at creating new and maintaining existing information and educational practices that adapted to pandemic circumstances. The results of the research show also that organizations have significantly changed, and quickly adapted their work with the help of technology and by using volunteer work. The results of the analysis suggest that civil society has proved flexible and able to respond quickly to emerging social needs, but also emphasized the contextual limitations of the ac)tions. Thus, the paper discusses the position and role of civil society in the “new normal“, and the impact it has on its further development in the Croatian social and political environment. [ABSTRACT FROM AUTHOR]

This paper deals with the antinomies between constitutional principles by analysing balan)cing as one of the methods to solve the problem. More specifically, the author focuses on the balancing test in the context of proportionality and the question of the “weight” of the right. Firstly, the paper analyses the notions of constitutional principles and antinomies. Next, these notions are contextualised in the legal system of the Republic of Croatia using the example of the conflict between the protection of private and family life, dignity, reputation, and honour (Art. 35 of the Constitution of the Republic of Croatia), freedom of thought and expre)ssion (Art. 38 of the Constitution of the Republic of Croatia). By deploying the analysis of the practice of the Constitutional Court of the Republic of Croatia and the European Court of Human Rights in the mentioned conflict, the paper presents theoretical conclusions regarding balancing and the question of the “weight” of the rights. The paper has two goals: First, point out the problems present in the balancing test related to the idea of the “weight” of the rights; second, present proposals that may lead to a clearer understanding of the notions introduced. [ABSTRACT FROM AUTHOR]

The paper relates to the concept of citizen in the Croatian and Yugoslav constitutional orders from 1944 until 1990. The paper deals with the analysis of the most important constitutional acts that affected citizens starting from those enacted by the Yugoslav and Croatian authorities at the end of the Second World War and its aftermath. In addition, the paper conducts an analysis into the federal and republican constitutional law of 1953, federal and republican constitution of 1963 and federal and republican constitution of 1974. The paper sets forth that the authorities shaped the concept of citizen in line with the socialistic principles while at the same time gradually abandoning individual approach towards citizens. In addition, it is pointed out that socialistic constitutions emphasized class terminology in their constitu)tional texts and interests of the community over the individual interests. Furthermore, the paper indicates that in the constitutional acts, specifically those enacted in the aftermath of the Second World War and in the acts of 1974, the authority emphasized ethnic equality as an important feature of the constitution. [ABSTRACT FROM AUTHOR]

The aim of this paper is to explore the possibilities of protection of geographical indications marking traditional products in the European Union, especially after the entry into force of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The current possibilities of protection at the international level serve as a starting point. The most significant changes brought about by the Geneva Act have been indicated in the paper and the consequences of the European Union accession to this international agreement have been analysed in detail. The research shows the advantages in terms of protection of geographical indications after the accession of the European Union to the Geneva Act only related to traditional agricultural and food products, whereas, for example, traditional handicrafts, souvenirs and other non-agricultural products do not benefit therefrom. Moreover, the results of the research show that while the European Union has managed to expand the policy of protection of geographical indications at a global level through the adoption of the Geneva Act, its position has been weakened by the fact that there is no sui generis system of protection of designations of origin and geographical indications for non-agricultural products in the European Union. The paper also analyses the advantages, disadvantages and limitations of the traditional products protection through the geographical indications protection marking them, and it emphasizes the importance of geographical indications protection for indigenous non-agricultural products (souvenirs) for tourist destinations such as the Republic of Croatia. The conclusion of the research supports the need for establishing a system of geographical indications protection for non-agricultural products at the European Union level in order to enable the protection of geographical indications for all traditional products in the European Union through the established system of international registration. [ABSTRACT FROM AUTHOR]

This paper examines and offers a comparative approach to the social background, motivation, performance, self-image and career path of Hungarian and Croatian law students. The paper is based on the results of the empirical research conducted in 2017 by Attila Badó, János Lőrinczi and Zsófia Patyi. The opinions of students were analysed in Croatia in 2018 and 2019 using similar methods. The comparative approach was motivated by the 150th anniversary of the 1868 Croatian-Hungarian Compromise. The two countries formed a state of union for 816 years (1102-1918). After the dissolution of the Austro-Hungarian Monarchy, Croatia became part of the South Slavic state and its education system moved further away from the Hungarian. However, after World War II, higher education in both countries was organized under similar social conditions (one-party system, communist ideology). Currently, the education systems countries are similar to those in the EU Member States. A comparison of their legal studies can provide answers to the same relevant questions. [ABSTRACT FROM AUTHOR]

When it comes to drug abuse suppression, the choice of a state reaction is conditioned by different circumstances, but the aspiration for efficiency is the primary motive. The means of banning imply legal mechanisms and sanctions, and in the Republic of Croatia, these mechanisms derive from criminal law and misdemeanour law. The subject of this paper focuses on the misdemeanour law in view of the significant alteration presented in the Republic of Croatia a few years ago: drug possession without distribution intention has been left out of criminal law mechanism and left to misdemeanour law. However, this solution opens a number of questions. The paper gives answers to these questions by a holistic approach. It presents the legislative positions, taking into account the prior knowledge and the etiology of the accepted solution, outlines the presence of drug abuse in the society, and by conducting research of relevant judgments, the paper discloses the attitudes of the judiciary by reviewing the adequacy of the adopted solution. [ABSTRACT FROM AUTHOR]

The paper considers different concepts used in comparative and Croatian law in order to determine the legal nature of the general use of the public good. The active legitimacy of members of the community to exercise and protect their right to use the public good directly depends on the position taken in that argument. The aim of the paper is to emphasize the importance of a comprehensive approach regarding the legal qualification of general use, to offer answers to some unresolved doctrinal issues, as well as to provide guidelines for a systematic normative framework in accordance with the standards of protection of the public interest. In order to compare positive legal analysis of general use in the Republic of Croatia to that in other countries, the comparative research method was used as the main research method. [ABSTRACT FROM AUTHOR]

This paper deals with dangers and difficulties encountered during inland and maritime navigation which can be traced back from the earliest civilizations. The paper will provide an overview of the most common dangers and difficulties of navigation which are the following: the dangers of the winter standstill, pirates, fire, vessel collision, vessel stranding, and shipwreck. Each danger and difficulty encountered in navigation is dealt with in a chronological order by analyzing documents ranging from the earliest codes to the communal statutes of the Cities of Split, Dubrovnik, Zadar and Hvar. The paper also deals with the main goal of navigation, which was to connect different markets for the purpose of exporting goods and importing products lacking in the home market. [ABSTRACT FROM AUTHOR]

The paper presents the structure of the preliminary phase of criminal proceedings before quaestio de repetundis pecuniis having jurisdiction over criminal offence of extortion. It deals with the stage of special trial before the president of quaestio, laying of indictment, previous hearing of the accused, procedural material gathering, drawing up of quaestio and oath-taking by its members. The paper in particular deals with the issue of the plaintiff's role. Through historical data analysis and their comparison with contemporary solutions taking the Croatian Criminal Procedure Act as an example of modern procedural law the authors come to the conclusion which shall be used in order to place the thesis on legal nature of a plaintiff in the procedure before quaestio and accusatory type of criminal procedure in general. In order to additionally support the presentation in specific parts of the paper the authors inform about details of historically significant case of Cicero vs. Verres, the summary of which has also been presented in the paper. [ABSTRACT FROM AUTHOR]

In the area of administration in broader sense, especially in the field of local authorities management new ways and methods of government and management have been introduced for thirty years. Within this framework the paper deals with the research of contemporary approaches to local and regional self-government development and issues and problems that might emerge from the application of the new Law on Election of the Heads of Districts, Mayors, County Executives and the Mayor of the City of Zagreb. The aim of the paper is to indicate certain lack of clarity in the Law itself that could endanger normal functioning of executive power in local and regional self-government authorities as well as to point out advantages that could contribute to development of local and regional self-government in the Republic of Croatia at large. [ABSTRACT FROM AUTHOR]

The paper aims at presenting a (new) discipline- law and economics also known as economic analysis of law that has not fully taken hold in Croatian theory and practice. Following the introductory remarks the second part of the paper deals with basics of economic analysis of law, a separate scientific discipline that makes use of economic analysis as a means for evaluation of laws and regulations or to use the institutionalists' terms - institutions, their economic efficiency and social adequacy. The third part of the paper gives a survey of economic analysis of law application in a case study of defining the term of imprisonment as a sanction imposed for committing criminal offences. The fourth part comments briefly on why this approach to law has not fully taken hold in Europe while being quite popular in the United States not only in academic circles but in (legal) practice as well. Concluding remarks point out potential deficiencies in this approach to law; nevertheless they can encourage further research in this exceptionally interesting scientific discipline. [ABSTRACT FROM AUTHOR]

The paper presents criminal procedural regulations of the Golden Bull of 1242. The paper introduces the review of historical circumstances of Zagreb-Gradec emphasizing great political and legal significance of the Golden Bull, that left an indelible mark on Croatian legal history development. Regulations of the Bull referring to criminal procedure have been presented and analysed. Judicature and court jurisdiction, other procedural parties and their competences, evidence and hearing of evidence have been discussed. The reference opinions to some disputed and unsolved issues such as the number of court instances and legal nature of the presiding judge exemption procedure. Finally, basic features of criminal procedure of the mediaeval Gradec have been summarized so as to be set into the framework of traditional division of criminal procedures into accusatory, inquisitory and general. [ABSTRACT FROM AUTHOR]

In the course of the Croatian EU accession process we have continuously been exposed to assessment and comparison of national competitiveness and performance. The answer to the question if our wishful aim of reaching the greatest economic competetiveness and entering the society of knowledge will be an unfulfilled dream, a real perspective or reality, depends on the analysis of vices and virtues of national intelectual capital. The states of knowledge have conceived that they can face the future only by investing into intelectual capital development to enrich the nation. Such thinking results from the shift from traditional economic thinking to knowledge economy. The essence of the latter is made of intangible values. Copetitiveness shifts from the tangible towards intangible, from the visible to invisible, from the seen to the unseen. Decreasing refund of the means invested in physical capital has turned into the increased refund of the means if invested in intelectual (intangible) capital. This basic postulate of knowledge economy has been presented in the paper through the survey of reference cognition from world theory and experience as well as through the synthesis of personal research and contemplation of the author. Research results and papers published at Josip Juraj Strossmayer University in Osijek show that there are objective presumptions for introduction of knowledge economy and the society of knowledge. An inflexion point were the papers published at the Faculty of Economics in Osijek followed by an interdisciplinary relation to other faculties. Purposeful orientation-orientation towards development or future, as creators of knowledge economy would say, by turnover of investment processes and investment into the development of human capital as a key development factor has been common to the research. [ABSTRACT FROM AUTHOR]

The development of each country depends inter alia upon the connections with other countries. The connection does not solely refer to political connection trough the work of various international organizations, but it also means real (physical) connection via land, air, sea, i.e. river. Developed inland waterway transport, as well as the traffic in general, is of utmost important for economic development of every country. However, the inland waterways transport is still insufficiently developed in Croatia. Regarding navigation and function via rivers, the ports are particularly important since they are the place where port activities are conducted. This paper will show the provisions of novel Act on Navigation and Inland Ports, as well as solutions provided by this law when it comes to inland navigation, particularly regarding the laws that are regulating inland waterways ports. Furthermore, the paper will also discuss some of the problems related to the specific provisions of the mentioned law which imprecision, i. e. failure, leads to difficulties in the application of the Act and finally to the legal insecurity. [ABSTRACT FROM AUTHOR]

Although more than 19 years have passed since the introduction of the new concept of ownership of a separate part of real property (condominium) by the Ownership and Other Property Rights Act, there are numerous dilemmas in practice concerning its application, especially in regard to the establishment of ownership of a separate part of real property (condominium). In fact, in judicial practice (and in Croatian legal doctrine) there are different points of view about the question whether it is possible to establish condominium at the request of the co-owner who has the appropriate co-ownership share even in case of lack of agreement between all co-owners. In this paper the author analyses the legal regulation of establishment of ownership of a separate part of real property (condominium) at the request of the co-owner who has the appropriate co-ownership share with reference to the normative solutions of the 1975 Austrian Condominium Act (Wohnungseigentumsgesetz), which has served as a model for the regulation of condominium in the Republic of Croatia, and aims at giving answers to open controversial questions. [ABSTRACT FROM AUTHOR]

The main objective of this paper was to determine whether there is a Procurement Plan for 2016, on the website of local and regional self-government units in the Republic of Croatia. After having applied the method of analysis, the hypothesis that local and regional self-governments in the Republic of Croatia fulfilled their legal obligation to publish the procurement plan to websites, was not confirmed. The research results show that all counties except for Međimurje County have a Procurement Plan for 2016 available on their respective websites. Out of the total of 127 cities in the Republic of Croatia, ten cities (Belišće, Čabar, Donji Miholjac, Drniš, Ilok, Imotski, Nova Gradiška, Pleternica, Popovača and Vrgorac) did not publish their Procurement Plans for 2016. In addition, the survey results show that 61 municipalities do not have a published Procurement Plan for 2016 on their respective websites. This study may contribute to the knowledge of the local and regional self- government units' websites contents in the Republic of Croatia, and encourage the employees to comply with the legal obligation to publish the procurement plan on their websites for the purpose of conducting transparent procurement. [ABSTRACT FROM AUTHOR]

The paper aims at a survey of assumptions necessary for successful functioning of regulatory systems in local and regional self-government units. Primary emphasis has been laid on an example of the Požega-Slavonia county where those systems have been observed for a year. The observation of the above-mentioned systems has been done through a primary research conducted through the analysis of assembly session and town government minutes in addition to regular publications of the Požega-Slavonia official journal. Regarding the established state, the condition evaluation will be given in order to prove (or refute) the research hypothesis. Accordingly, conclusions and recommendations will be made for future work of the analysed authorities. The following research methods will be applied: induction, deduction, analysis, synthesis, classification as well as the methods of observation and counting. [ABSTRACT FROM AUTHOR]

General administrative procedure system established in the Republic of Croatia in 1991 - with the Law on Acceptance of Law on General Administrative Procedure (Narodne Novine no. 53/91, 103/96 - hereinafter: Z.U.P. - 91) may be considered 'temporary', regardless of the fact that system arranging lasted for a quite long period of time - since 8 October 1991 (the day Croatia proclaimed independence) until 31 December 2009 (as the final day of the law validity, until 1 January 2010 as the day the (new) Law on General Administrative Procedure came into effect - Narodne Novine no. 47/09, hereinafter: Z.U.P. - 09). In this regard it should be noted that arranging of administrative-judicial procedure was also 'temporary'. Thus the Law on Acceptance of Law on Administrative Disputes (Narodne Novine no. 53/91, 9/92, 77/92, hereinafter: Z.U.S. - 91) has recently been substituted by the new Law on Administrative Disputes (Narodne Novine no. 20/10, hereinafter Z.U.S. -10), which is to come into effect not before 1 January 2012 (Article 92, Z.U.S. - 10). It is surely necessary to interpret the meaning of numerous Z.U.P.-09 institutes, however for the aim of this paper concerning the need to enhance the 'public-legal judgements', three observations have been chosen, referring to their meaning: firstly, procedure correlations to theoretical thinking on single acts of public authorities and bodies or legal persons with public authorities; secondly, in relation to new concept development of an administrative dispute in accordance with securing 'general judicial review of public authority or bodies or legal persons with public authorities and rendering public services; thirdly, in relation to the principle of 'protecting the acquired party rights.' The article comprises five (5) parts as follows: 1. On advantages and disadvantages of new general administrative procedure concerning the promotion of 'public-legal judgements' (…-…). 2. On 'general judicial review' (…-…). 3. The exhaustion of the 'prior legal ways' entangled with 'general judicial review' (…-…). 4. On meaning of some public-legal versions by rule of the new administrative- judicial procedure (…-…). 5. Final assessment and analyses - 'Administrative decision making' and 'administrative system ' (…-…). [ABSTRACT FROM AUTHOR]

The authors of the paper compare evidence procedure and evidence in the Ilok Statute with those in the Statute of Vinodol. While comparing these two particularly important historical sources the authors consider the fact that development of Croatian legal system and with this of criminal law took two separate courses, one in Dalmatia and the other in Croatia and Slavonia. The comparison of these two historical sources was not an easy task to fulfil taking not only the above mentioned fact into consideration but also considerable time span; the Statute of Vinodol dates back to 1288 whereas the Ilok Statute dates from 1525; and from different social-legal impacts. Nevertheless, the authors have found some correlations and concluded that both sources, at least with regard to evidence procedure and particular evidence, are completely in accordance with European tendencies of the time when they emerged. [ABSTRACT FROM AUTHOR]

Harbours and ships security protection is a global issue. It is a direct concern of the International Maritime Organisation and International Labour Organisation and member states of the organisations. Therefore the instruments were passed including the SOLAS Convention on Safety of Human Life at Sea in 1974 (Appendix Chapter XI-2, London 2002) and International Ship and Port Facility Security Code (ISPS Code). The Republic of Croatia harmonizes its legislation with these regulations binding ships, ports, seafarers and authorities to increase the safety level. This is regulated by the Regulation No 725/2004 on enhancing ship and port facility security of 31.03.2004 and the Directive 2005/65/EC on Enhancing port security that harmonize the application of the SOLAS Convention and ISPS Code. The Law on Safety Protection of Ships and Harbours harmonizes with the mentioned legislation, which is subject of this paper. [ABSTRACT FROM AUTHOR]

The institute of Students' Attorney is a new notion introduced for the students' population of the Republic of Croatia and it is based on the Law on Students' Assembly and other Students' Organisations (NN 71/07; furtheron ZSZ). Since the institute of Students' Attorney was introduced at the Faculty of Law in Osijek in July 2008 the first survey of the level of students' rights respect has been done and it will be continued in the course of the years to come. The survey of students' rights respect is part of the university education quality control system. One of the main aims of this research project is promotion of students' rights for the purpose of long-term study quality control. According to Gryn and Juran: «Quality management is a process that recognizes and manages activities necessary for achieving the quality goals of an organisation» and one of the basic indicators of university institution quality is for sure the level of students' rights respect. The survey at the Faculty of Law in Osijek was done by a paper-pencil method sampling 246 respondents. The research included students of all study years. The results indicate a worrying data: almost 44% of the respondents consider their rights to be often violated. Only 1 respondent considers that students' rights are fully respected at the Faculty of Law in Osijek. However, this should be observed in a wider context of the information that only 13% of the students in the survey think that they are informed about the majority of students' rights. It should be noted that the awareness of students' rights violation presumes the knowledge of these rights a whole. Otherwise it can be confused with the feeling of personal (dis)content or (in)justice at the faculty subject to survey. Therefore, the first survey has shown that it is necessary to educate students about their rights but it also indicates the need for quality improvement, i.e. greater respect of students' rights. The survey has also shown that the institute of Students' Attorney has not started operating completely (in spite of the rights violation perception only 12% of the respondents set out the concrete problem before the students' attorney) but it has a great potential for future development (e.g. almost 1/3 of the respondents think that the relationship between students and professors is exceptionally bad or bad). [ABSTRACT FROM AUTHOR]

In this paper, the author analyses the provisions of the Obligations and Legal Relations in Air Transport Act of 1998 in the Republic of Croatia, as amended in 2008 and 2009. Also analysed are the responsibilities of air carriers in the case of death and physical injury to passengers, which are created when a contract on passenger transport is formed. Examination of the issue of carrier responsibility for the above mentioned losses is implemented in relation to: international unification of instruments, characteristics of Croatian legislation, general provisions of carrier responsibility, carrier responsibility for their employees' and plenipotentiaries' actions, and carrier responsibility in the case of death of and physical injury to passengers. Particular importance is given to the institution of payment in advance and to insurance against responsibility of air carriers. The author concludes that the Republic of Croatia has harmonised its national legislation with the provisions of the Montreal Convention of 1999 and with the law of the European Union within which process is the Republic of Croatia's Obligations and Legal Relations in Air Transport Act of 1998. [ABSTRACT FROM AUTHOR]

The paper deals with EU systems under the title European quality policy intended for labelling food and agricultural products of specific character aiming at producers' and consumers' rights protection. Both categories should benefit from the system by consistent implementation of regulations. The EU quality indications (protected designation of origin -PDO, protected geographical indication - PGI, traditional speciality guaranteed - TSG and ecologically cultivated products) are visible pieces of information on product quality, its character and origin. The indication can be acquired if during the process of registration specific features of the product and its better quality are proven when compared to similar products from some other area. Legal procedure at EU level has been regulated by EC Council Regulations No. 510/2006, No. 509/2006 and ecological cultivation, still a part of the Regulation No. 20092/91.The Republic of Croatia has partially harmonised its legislation with the acquis communautaire, regulating this matter. The Indication of Designation and Geographical Origin, Traditional Status of Agricultural and Food Products Act was passed for the first time last year. In the meantime the screening of agriculture including the mentioned area of indication i.e. the area of quality policy started and there was a need for further harmonisation in this area so as to enable harmonisation with relevant EU regulations. Practical usage of these rights for the Republic of Croatia has been presented on the example of the County of Varaždin. [ABSTRACT FROM AUTHOR]

The Republic of Croatia counts among the countries that emerged from the collapse of the Socialist Federal Republic of Yugoslavia. Along with the creation of a new social-political and economic system Croatia was amidst the Homeland war. Because of the aggression of rebel-Serbs and former Yugoslav army and violation of international war law, the Sabor of the Republic of Croatia adopted on 8 October 1991 the Decision to sever constitutional relations with Yugoslavia. On 16 December 1991 the Council of Minsters of the European Union adopted the Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union setting the criteria for the respect of human rights, borders and peaceful policy as conditions to acknowledgement of new states. It was these criteria that the Republic of Croatia acquired international recognition on 15 January 1992. During the Homeland war rebel-Serbs tried to turn the armed rebellion into a state building action. They tried to legalize the quasinormative activities in the area of their parastatal entity of the Republic of Serbian Krajina . Main features of this parastatal entity of the Republic of Serbian Krajina were: unconstutionally created in occupied territories of the Republic of Croatia, lacking democratic legitimacy, non-existence of legal continuity with any of the states, ethnic cleansing of occupied territories from non-Serbians i.e. formation of a clean Serbian state in which every member of Serbian nationality on the territory of the Republic of Croatia registered as a citizen of SFRJ is at the same time its citizen; direct financing of self-proclaimed authorities on the occupied territories of the Republic of Croatia by the Republic of Serbia; continuous material, military, personnel and human source support in form of various volonteering units from Serbia and Montenegro; no state has ever recognised its existence, i.e. none of modern sovereign state features de facto and de iure in sense of international law or international legal subjectivity. The paper deals with the character of normative activities of rebel-Serbs on the territory of the Republic of Croatia. [ABSTRACT FROM AUTHOR]

The paper considers legal aspects of cross-border cooperation in the Republic of Croatia. Crossborder cooperation in the Republic of Croatia has been referred to regional development policy and the Government of the Republic of Croatia estimates cross-border cooperation as one of the great possibilities for balanced and sustainable development of the Republic of Croatia but also as a part of the general strategy for EU accession. The author defines basic terms such as region, regionalism and cross-border cooperation and then gives historical survey of how cross-border cooperation came to being. Furtheron it gives a survey of legal framework for cross-border cooperation in the Republic of Croatia with special reference to date experience of Slavonia and Baranja in connecting neighbouring areas, first of all within the framework of Euroregional cooperation of the Danube-Drava-Sava rivers. [ABSTRACT FROM AUTHOR]

Inland ports have been increasingly developing since 1998 when the Law on Inland Ports was passed. The most significant obstacles to undisturbed and continuous development are unsettled property-law relations in ports. The sites within port area are the property of various natural and legal persons and of the Republic of Croatia. Port authority is authorised to manage real estate owned by the Republic of Croatia and for the remaining real estate relationship with the owners should be regulated to acquire rights to construct, purchase or carry out the expropriation procedure. Manifold ownership structure makes the regulation of relationship between Port authority and port beneficiaries (port operators) difficult, which directly influences the port functioning. The paper reviews the most important issues and suggestions how to resolve these problems. [ABSTRACT FROM AUTHOR]