Search

Even though adoption is considered to be the best form of childcare for children without parental care, it should also be borne in mind that the adoption process brings forth some specific challenges for the adopted children to face. Depending on the experiences which preceded the beginning of the adoption process, some of the fundamental challenges that follow the beginning of the adoption process are the act of separation from the biological parents of the children, the experience of loss and of separation anxiety, having troubles forming a healthy attachment style to the new parent fi e and any identity issues that could emerge. This research paper will follow the different theoretical and empirical knowledge about what can aff the shaping of the social and individual identity of the adopted child, especially during adolescence and puberty. One of the primary focuses of this research paper will be the international transethnic adoption, because with this kind of adoption identity confusion is much more common, as the physical and cultural differences between the adopter and adoptee are conspicuous. Furthermore, the adoptees oftentimes experience prejudices and discrimination as a product of their surroundings during the transethnic adoption process. In this research paper, it is also noted that adopted children develop their identity through the integration of their past and present experiences and they need an understanding and supportive environment to do so. Those children who have adopted a secure attachment model in their relationship with their adoptive parents and have openly discussed the topic of their biological parents and adoption have more success in creating a positive image of themselves and their identity. The conclusion of the paper mentions how important it is for the adoptees to have a source of both formal support and the support of their adoptive parents in the process of fi themselves and their identity. [ABSTRACT FROM AUTHOR]

In this paper, the authors present the organization of school nutrition in the primary school in Croatia and in some European Union countries and presents the main findings of researches which explored the importance of school meals for all children, especially those of lower socioeconomic status. This paper points out that school meals have a positive effect on children's academic success, which reflects in better school performance, especially in mathematics and reading. The socializing role of the school meal is explained in terms of the contribution of school nutrition in learning social skills and bringing students closer. The paper emphasizes the health aspect of nutritionally balanced and healthy school meals, which refers to the prevention and alleviation of obesity of students and other chronic diseases. In particular, the social aspect of school meals is explained, which play a significant role in the prevention of child poverty and social exclusion, which was further demonstrated during the health crisis caused by the COVID-19 pandemic. Therefore, the paper presents the impact of the COVID-19 pandemic on the distribution of school meals. [ABSTRACT FROM AUTHOR]

Language is a highly important social element that affects its actors, and as such is a noteworthy indicator of whether and to what extent gender equality is represented in a particular society. This paper is researching gender sensitive language with a focus on the legal framework for its use in Bosnia and Herzegovina. At the outset of this paper, we defined gendersensitive language and gave the explanation why its usage in official and unofficial language is significant. Furthermore, the legal framework for the use of gender-sensitive language in Bosnia and Herzegovina is reviewed with a focus on the work of B&H experts in the field of linguistics, and we analysed the instructions on the use of gender-sensitive language used by institutions in Bosnia and Herzegovina. The aim of this paper is to elaborate the concept of gender-sensitive language, why it is an important part of every society when it comes to gender equality and how the use of gender sensitive language in Bosnia and Herzegovina is standardized. [ABSTRACT FROM AUTHOR]

This paper presents the notion of applicability of legal norms based on the analysis of the existing legal literature in the field of legal theory and legal philosophy. Through four main units, the concept and types of applicability, its relation to other properties of legal norms, criteria of applicability, and finally, the systems of applicable norms and their relation to the legal system are discussed. The applicability criteria are demonstrated using examples from the field of criminal law; their legal nature is being explained, their functions, and structure. Most of the examples used in this paper are from Croatian legislation and Constitutional Court Case-Law. [ABSTRACT FROM AUTHOR]

In this paper, the authors analyze hate speech in theory, legislation and case-law. The analysis thereof covers both the Croatian and comparative context. Issues specifically addressed in the paper are: definition of hate speech, justifications given for sanctioning hate speech, its legal regulation on international and domestic legislative levels and case-law of the Croatian Constitutional Court and the European Court of Human Rights. In their final remarks, the authors offer suggestions for future legislative changes and stress that some recent developments in the Croatian case-law in this domain might in the future be subject to the Constitutional Court’s scrutiny. [ABSTRACT FROM AUTHOR]

Violence among children is a phenomenon that attracts the attention of experts and scientists and is researched from the perspectives of various scientific disciplines. Given the complexity, prevalence, and consequences that this phenomenon causes in society, it can be characterized as a social problem, which is present in all societies and all social groups, regardless of cultural and ethical diversity. In recent decades violence, including violence among children, has been perceived as a threat to human rights and social norms. Modern society, marked by technological advances and the ever-thinning line between reality and virtual reality, is a social risk for new forms of violence, so electronic violence is becoming more common. Through the paper, various forms of violence that occur among children will be presented, with emphasis on the similarities and differences between traditional forms and electronic violence. In the context of the Republic of Croatia, this paper will analyse the legislative framework that prescribes measures for the prevention of violence among children, the responsibility of various persons and institutions in recognizing violence, and professional measures aimed at victims and perpetrators. An attempt will be made to answer the question of how these regulations contribute to solving the social problem of violence among children. [ABSTRACT FROM AUTHOR]

The focus of this paper is on the international legal status, as well as the obligations of multinational corporations in the context of international human rights law. The concept of multinational corporations as non-State actors is explained, as well as the issue of their international legal personality, regarding which the international legal doctrine has not yet reached a consensus. In this context, the authors analyze the international treaties, the jurisprudence of the European Court of Human Rights and other documents for the interpretation of the (non)existence of direct rights and obligations of multinational corporations under international law. The authors put special attention on the analysis of international soft law instruments adopted with the purpose of regulating the activities of multinational corporations in relation to the protection of human rights. Lastly, the paper covers some examples of human rights violations which included direct or indirect participation of multinational corporations. The authors conclude that these examples confirm the necessity of adopting a comprehensive and concrete legally binding document which would regulate the activities of multinational corporations, in order to bridge the legal lacuna in regard their international legal responsibility, particularly in the sphere of the international legal protection of human rights. [ABSTRACT FROM AUTHOR]

Poverty is a widespread structural and social problem whose definition depends on the social and individual context and on the one who defines it. Considering that there are several theories, definitions and methods of measuring poverty and related concepts, in this paper we will define poverty conceptually and theoretically in more detail, as well as the specific poverty of children. Since many studies have shown that poverty can significantly threaten the well-being of children and limit their life opportunities and outcomes in the future, we will explain child poverty and its negative effects in the context of various consequences. However, poverty as a risk factor does not necessarily lead to unfavorable consequences, and we will consider protective factors in the context of child poverty. [ABSTRACT FROM AUTHOR]

In a dynamic globalized world, the role of education is to keep track of such fast changes and adjust courses in a way to enable students the acquisition of knowledge and skills that are necessary for the future profession. One of the possible means of improving the education of law students the authors see in clinical legal education. Legal clinics are a form of practical class in which the focus is not on theoretical knowledge, yet the students have the opportunity to study law by solving legal problems in groups and under the supervision of the mentor, and often, at the same time, providing legal aid to citizens. This paper shows the evolution of clinical legal education, it analyzes to what extent the involvement in the work of legal clinics trains law student for future profession and everyday life, and problematizes the social role of legal clinics. The purpose of this paper is to examine the quality of Croatian clinical programs and, based on the results of conducted research and examples of good European clinical practices, to set up a model of legal clinic which would enable students the highest-level quality in gaining practical knowledge. [ABSTRACT FROM AUTHOR]

Electronic monitoring is used and will be used for different purposes, among others for house arrest. In the paper pros and cons of electronic monitoring are analyzed, and so is the appliance of electronic monitoring on house arrest. The technology of electronic monitoring is analyzed firstly then the electronic monitoring and the influence on the house arrest is being analyzed. In this paper questions of privacy, cost, legal and other questions are being looked at for the purpose of understanding electronic monitoring and its benefits. Furthermore author gives comparison between house arrest and other measures in pre-trial detention. Author specifically referred on state of house arrest in Croatia and how appliance of electronic monitoring could affect pre-trial detention measures and pre-trial detention in general. For that purpose the pilot project from Ministry of Justice is resaerched as well as Croatians court practice in that matter. Ultimately author gives suggestions and propositions de lege ferenda how could house arrest function better, especially in Croatia. [ABSTRACT FROM AUTHOR]

The paper deals with the analysis of the inquisition both as an institution and as a form of procedure. The introductory part of the paper analyses the Inqisitional procedure in relation with the three dominant procedural models, defining it as a special type of procedure within the Inquisitorial model. The second part of the paper examines the Inquisition as a historical phenomenon, dealing with the evolution and changes within the Inquisition from the very beginnings and the Episcopal Inquisition to the ultimate, Roman Inquisition, whereas it analyses relevant events, documents and people. The main part of the paper deals with the analysis of the Inquisitional procedures, selecting the procedures before the Episcopal, Papal, Spanish and Roman Inquisition and the Inquisitional witch-trials, which represent a specific procedure within the Inquisition. This part will try to explain the evolution of the procedural rules and present a comparative reflection on them. Before the paper summarises the importance of the Inquisitional procedure for the contemporary law, it presents the analysis of the Inquisition scene from Umberto Eco's novel The Name of the Rose in order to present how the Inquisition functioned in practice. [ABSTRACT FROM AUTHOR]

The question of Henry VIII Tudor's divorce soon became an international issue that changed the political relations of the world. Since Anglicanism necessitated a swift adaptation of the English society, the king and parliament as legislators had drawn initial legal margins which were utilised in the upcoming social changes in England. While this body of the English legislature is of the utmost historical, political and legal importance for the United Kingdom, three acts thereof are of particular interest: the 1532 Act for the Conditional Restraint of Annates, the 1533 Act in Restraint of Appeals and the 1534 Supremacy Act. Through the application of the legal approach to historical research, this paper examines direct social consequences regarding the structure of governance and legal norms provided for the protection of the regal authority, most notably the criminal prosecution of heresy, the mandatory requirement of the Oath of Supremacy and broadening the high treason as a crime. [ABSTRACT FROM AUTHOR]

This paper deals with the institute of ostracism by exploring the reasons for its occurrence, the purpose that it was supposed to attain and the significance it had to the development of the Athenian polis and its size. The starting question is whether ostracism was a powerful tool for the protection of the Athenian constitution, one of the more successful reformative measures, a tool for strengthening personal powers of the current leaders, or merely a means of solving crisis situations in the society. The account of the circumstances of its passing, the way it functioned and the consequences it had for certain citizens of Athens and the polis as a whole confirm that this is a very well-designed institute that operated within wide enough limits that made it easy to apply if the need arose, while remaining specific enough so that it could not be abused. The fact that the will of the demos was a prerequisite for ostracizing an individual and that the number of ostracized people is not large, proves that the demos cared for its distinguished and honourable citizens and that the decision on whether one of them should leave Athens was reached very rarely, with awareness of what was gained and what was lost by the polis. What can be deduced from this is that the citizens of Athens were aware of the dangers inherent to this system, but also of all of its positive sides that protected the social order in Athens. It is not a coincidence that the end of the application of this system coincides with the time when democracy in Athens started to lose its momentum. Ostracism made sense while the demos cared. [ABSTRACT FROM AUTHOR]

Due to the strong influence of tradition, culture, and customs on family law, its solutions vary in many aspects, including the area of divorce and legal separation, in each Member State of the European Union. The main goal of this paper is to analyze the Council Regulation (EU) no. 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III). It is an instrument of private international law, whose main purpose is the unification of the conflict of law rules of the Member States, concerning divorce and legal separation. Since Member States have not reached an agreement on the subject of Rome III, the Regulation was adopted through the mechanism of enhanced cooperation, specifically designed for situations lacking general agreement. Its most important consequence is the fact that the Regulation is not a part of the acquis communautaire, therefore it legally binds only those Member States that decided to participate in the enhanced cooperation. To make the analysis of Rome III complete, besides the analysis of enhanced cooperation, an important part of this work makes the overview of relevant provisions of the Council Regulation (EC) No. 2001/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (BU II bis). The Importance of this Regulation, concerning the topic of this paper, lies in the fact that its application determines whether the Regulation Rome III will be applied since it legally binds only those Member States which entered the enhanced co-operation. [ABSTRACT FROM AUTHOR]

Regulation Brussels II bis, or by official name The Council Regulation (EC) No. 2201/2003 of 27 November 2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No. 1347/2000 is a legal instrument of the European Union which courts of Member States (except Denmark) are obliged to apply directly in all cases of an internationally characterized marital dispute that falls within the scope of the Regulation. Jurisdiction is determined by section 1 (Jurisdiction in matrimonial cases) and by section 3 (Common provisions) of chapter II. (Jurisdiction). This paper analyzes in detail the provisions of the aforementioned sections, that is, the criteria for establishing general jurisdiction, special and residual jurisdiction, with particular reference to the concepts of habitual residence and citizenship, and the provisions governing seising of a Court, examination as to jurisdiction, examination as to admissibility, lis pendens, and provisional, including protective, measures. The analysis is accompanied by the case law of the Court of Justice of the European Union and the practice of the courts of the Member States in the application of the Regulation. [ABSTRACT FROM AUTHOR]

This paper presents interpretation of the article 8. of the Convention by the European court of human rights in case of surrogate motherhood, regarding medically assisted reproduction with foreign element. In this case Court takes some point of views that affect the interpretation of the article 8. of the Convention, especially regarding the best interest of the child. In the course of the paper factual state, the judgment itself, and the dissenting opinions from the judges are all shown. Furthermore the law and the legal practice relevant to this case are also shown, with special emphasis on European court of human rights and the implications witch this judgment might have in further interpretation of the article 8. of the Convention and in the interpretation of the principle of best interest of the child. [ABSTRACT FROM AUTHOR]

After Croatia had signed European Convention on Human Rights in 1996, it entered into force in 1997. According to the Croatian Constitution, it is a part of the Croatian internal legal order, and by its legal effect it is above the law. Not only the Convention, but also the interpretation of its norms by the European Court of Human Rights is relevant. Therefore, case law of the European Court of Human Rights is one of the key factors in development of the criminal legislation and judicial proceeding. The purpose of this paper is to highlight and analyze the judgements of the Court against the Republic of Croatia, related to pre-trial detention / remand, i.e. illegality of remand, violation of the right to control its adequacy, inhumane or degrading treatment of the detainees, deprivation of the right to a fair trial etc. After the explication of the obligations of the legislator set by the Convention, the submission of the application to the European Court of Human Rights is briefly explained. The central part of the paper focuses on presenting some of the basic and fundamental principles of the Convention, that are key to understand the institute of remand and the Court's judgements and interpretations. It is analyzed how are these basic principles applied to the facts in some particular cases in which the Republic of Croatia was sued. In the end, this paper aims to present what has already been done, what should have been done and what should be done in order to comply with the Convention, and also what is the role of the representative of the Republic of Croatia before the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to review the process of administrative jurisdiction reform in the Republic of Croatia with the emphasize on a new administrative jurisdiction system introduced through Administrative Dispute Act in 2012. Due to a strong and long tradition of jurisdiction control of single administration acts since 1875, the authors have attempted to review historical-legal genesis of administrative jurisdiction. The paper also reviews the development of administrative jurisdiction in independent and autonomous Republic of Croatia with special attention to administrative procedure reform in 2012 which, pursuant to pre-accession demands of EU, led to bringing Croatian administrative jurisdiction closer to dominant European trends. Acknowledging constructive criticism of administrative and legal experts as well as conventional demands, a good reform of administrative jurisdiction has created a permanent enhancement regarding the quality of administrative jurisdiction as whole, having an impact on legal security of citizens and more stable legal environment in the Republic of Croatia. Finally, the authors believe that there will still be further changes necessary for the regulation of administrative jurisdiction related to arising circumstances as well as to challenges the regulation of administrative jurisdiction system will be encountering. [ABSTRACT FROM AUTHOR]

The Republic of Croatia has so far lost all cases before the European Court of Human Rights in the area of family law, provided that it was mainly a problem of application of regulations. The subject of this paper is a case from 2012 in which the European Court of Human Rights has decided that the long-term divorce process of a Croatian citizen has violated a set of rights that are guaranteed by the European Convention on Human Rights, mainly a right to a fair trial (article 6 of the Convention), a right to respect for one’s private and family life (article 8 of the Convention), as well as a right to marry (article 12 of the Convention). Other than the introductory remarks, the facts, relevant domestic law, the parties' arguments and the Court's assessment, this paper contains the author's comments regarding parties' arguments and the Court's assessment. [ABSTRACT FROM AUTHOR]

This paper analyzes the Alford Plea, a legal doctrine that exists only within the American criminal procedure. The first part of the paper deals with the definition of pleas in the United States, thereby giving a basis for understanding the doctrine itself and its position within the American criminal procedure.The second part of the paper presents the analysis of the original case and holding of the Supreme Court from 1970 which created the socalled Alford Doctrine through the usage of relevant court holdings as well as papers. The third part of the paper, by analyzing relevant papers, statistical data and commentaries, presents the analysis of the application of the Alford Plea in courts, showing its application within the United States courts as well as different jurisdictions, and the analysis of its purpose by emphasizing its positive and negative effects. The paper concludes that the Alford Plea represents a distinctive doctrine even within a specific system such as the American one. It further concludes that the negative aspects of its permission and application surpass the benefits, by which it emphasizes the importance of the doctrine for the civil law system, especially the didactic function of American practice in dealing with possible problems that might arise with the infiltration of this doctrine in the civil law system. [ABSTRACT FROM AUTHOR]

This paper considers and partially analyses the Law on the rights of Croatian Homeland War Veterans and members of their families which applies from January 1, 2005. The paper discusses the impact of non-compliance with the Law on the rights of Croatian Veterans and members of their families in relation to the determination of the height of the pensions in the administrative procedure before the Croatian Institute for Pension Insurance. It analyses the resolution made in the administrative procedure of transferring the family pension ex officio and remedies to which the party is entitled. Particular attention is paid to the nature of interpretation (instructions) of the Assistant Director of the Croatian Institute for pension insurance and renewal of the procedure ex officio. The author presents theses and offers a solution to the problem with arguments (administrative issue) that strengthens confidence in legal system, achieves legal security, economy and the best interest of the party within the existing legal framework. [ABSTRACT FROM AUTHOR]

In this paper, throughout its five chapters, the author analyses the development of the European family law to this day, and also provides insight into the most significant aspects of its development in the future, primarily keeping in mind the influence of European Union, respectively its legislative activities. After the introduction, the centerpiece terms of this paper - harmonisation and unification - are briefly explained. Afterwards, firstly, brief general review of the history of the development of the European family law is given through the prism of its fundamental tendency - to develop by the principle of the „spiral" movement, and, secondly, author analyses the relationship between the three fundamental factors of the development of the family law - society, politics, and national law - and the process of harmonisation of different family law systems in the member states through the perspective of the recent events in Republic of Croatia: passing of referendum from the year 2013 and passing of the Family Law Act from the year 2014. The fourth chapter of this paper is dedicated to analysis of unification efforts of the European Union in the field of European family law, where special attention is given to the Union's Chapter of fundamental rights and the most important legal acts within the scope of the Union's secondary legislation. Also, in the same chapter, author gives brief consideration of importance of the jurisprudence of the European Court of Human Rights in Strasbourg and work of the Hague Conference on Private International law on the Unions unification efforts in the field of European family law. Finally, in the conclusion of this paper, answer to the question contained in the title - harmonisation or unification? - is given, with special consideration towards all, in this paper included, findings. [ABSTRACT FROM AUTHOR]

The subject matter of this paper is a systematic review of the newly adopted regulation of small claims, which followed the entering into force of 2013 Civil Procedural Act Novelty. Within that context, the paper primary contains the analysis of the so-called preliminary procedure, followed by section on the main hearing and legal remedies procedure. After the analysis of the national small claims procedure is elaborated, the review of European small claims procedure is presented. In the effort to include and discuss the implementation matters of small claims procedure in this paper, a research consisting of processing and analysis of case files in this disputes which are being dealt with in Zagreb Municipal Civil Court and Zagreb Commercial Court was conducted, as well as surveys through survey questionnaire on certain municipal and commercial courts in Croatia. On the basis of analysis of small claims procedure institute and the research conducted, certain projections de lege ferenda are finally indicated. [ABSTRACT FROM AUTHOR]

The aim of this paper is to analyse the rules on disclosure of new facts and evidence in the organization of regular first-instance procedure after the Amendments to the Croatian Civil Procedure Act from 2013. In this context, the question concerning the obstacles that might face the court and the parties in the implementation of new rules on disclosure of facts and evidence will try to be answered. In addition, the rules on disclosure of new fact and evidence in the appeal will be analysed. Considering the peculiarity of special procedures, in the paper will be discussed the specific rules on disclosure of (new) facts and evidence in the procedure of small claims. At the beginning of the paper, the term of novelties (beneficium novorum) in civil proceedings will be determined, taking into account the theoretical understanding. In the historical genesis that follows the definition of the term novelties, the disclosure of new facts and evidence in the period after the adoption of the Civil Procedure Act of 1976 until 2013 will be presented, as well as the gradual development of limiting the powers of the parties by introducing the preclusion to present new facts and propose new evidence. In addition, the procedural instruments aimed to discipline the parties to timely present facts and propose evidence will be discussed. In the comparative overview that follows the presentation of the Croatian law framework, the rules on disclosure of new facts and new evidence in the ordinary course of the first instance procedure and procedure on appeal of those countries with which Croatia shared the same starting point of development (Slovenia, Serbia, Montenegro, Federation of Bosnia and Herzegovina, Macedonia) will be analysed. In the concluding part of the paper is a summary of research results and evaluation of Croatian law framework on disclosure of new facts and evidence in civil proceedings. [ABSTRACT FROM AUTHOR]

Human trafficking is a major problem of modern criminal law and relatively new phenomenon in criminology, but above all a global phenomenon that affects all countries. In this paper we discuss the aspects of trafficking and potential causes of its development in the Southeast Europe. To answer this question, the author of the paper uses a regional approach with emphasis on Bosnia and Herzegovina during the war and post-war period. The reason is that this country is the best example in recent history of how complex the state structure and the sudden transition from a planned to a neo-liberal global market are, with the cumulative effect of poorly implemented transition that creates the conditions for human trafficking; it is also a result of general impoverishment and unemployment. As a separate, but cumulative large-scale process, this analysis further examines the short-term and long-term consequences that militarization and ethnic cleansing during the armed conflict have on the emergence of human trafficking, and simultaneously act as "incubators "for creating a widespread organized crime network in the Balkans that specializes in trafficking. Final confirmation of the thesis that human trafficking is only a reflection of the global economic and political processes, as well as the militarization will be shown on a study of the case of "Arizona Market" in the Breko District and through research conducted in the form of interviews with relevant experts. [ABSTRACT FROM AUTHOR]

The aim of this work is to create the best possible foundation for a discussion on the role of Political economy as a core discipline within theoretical economics in the social sciences in Croatia. Narrower focus of this work is the role and importance of the subject of Political economy in the education of jurists. The paper is divided into three parts, the introduction provides an overview of the current practice of studying economic disciplines, especially political economy at the Faculty of Law University of Zagreb. In the second part, the paper discusses an exceptional academic debate on the role of economics and economic analysis of law in the education of jurists held at the conference of leading American experts. At the end of the article, the authors raise new questions and propose solutions to specific issues of Political economy in the education of future jurists. [ABSTRACT FROM AUTHOR]

This paper presents a systematic development of the right of asylum since the second half of the twentieth century until present days. Introductory, the paper explains a close correlation between refugee law and right of asylum since the asylum is one of the most important institute of the refugee law. After that, the author elaborates the development of the right of asylum which, at first, has been running parallel with the development of international protection of human rights, but later the content of right of asylum (as a part of refugee law) separated and weaved its own path in African, American and European soil. Paper's exposition starts with Universal Charter of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, then it focuses on 1951 Convention relating to the Status of Refugees, Declaration on Territorial Asylum and Draft Convention on Territorial Asylum, to be completed with the review on regional documents, where is particularly important the exposition about the asylum in European Union because European set of rules about the right of asylum is incorporated in Croatian legislation and currently is being applied in the Republic of Croatia. [ABSTRACT FROM AUTHOR]

This paper deals with the emergence of new forms of trade marks, non-conventional trade marks and their registration. The first chapter or the introduction, shows a general concept and a general framework of trademarks and a way on which trademark works on the market. The second chapter explains what does a trademark represents and what is its role and function on the market. It also discusses the different types of trademarks which exist and explains the criteria of distinctiveness of the sign which must be fulfilled in order to get a sign registered. The types of a well-known trademarks and generic trademarks are very interesting so the paper tries to explain their position, the way of forming those trademarks and the consequences of their appearance. The end of the chapter tries to explain the principle of territoriality and show different systems, international and regional in which trademark can on a more easier way be registered in many countries. The third chapter deals with the non-conventional trade marks, their types, the most famous examples of such trademarks and examples of their successful and unsuccessful attempts to register. It also discusses the most famous cases whose judicial decisions have a major impact on the establishment of rules and conditions to which a non-conventional sign must fulfill in order to be registered as trademark. Finally, the concluding forth chapter assesses the current status related to the quality of registration of such trademarks and the adaption to new market conditions, regarding the new directive related to trademarks which is in preparation. [ABSTRACT FROM AUTHOR]

The main aim of this paper is to show legal position of women in Croatia in the turbulent centenary period, from the beginning of the First World War in 1914. until 2014., when new Family law is applied. In order to better present this theme the paper gives a brief review of family law position of women in previous periods, from medieval statutes (the one being analyzed is The Statute of Dubrovnik) until Austrian General Civil Code. Significantly, after Second World War, like almost everywhere in the world, women in Croatia also got a chance to prove themselves as separate and independent individuals, and a profound evolution of roles within the family began that continues to this day. A special review is given to the analysis of position of women as spouses and mothers (with author's enclosure that women are much more than "just" spouses and mothers, but that in the field of family law those are their the most important roles) by analysing regulations of then valid Constitutions and family legislation and some specific laws that were introduced for purpose of protection of women in the recent times. The intent of author is to show problems with which women were dealing with in everyday's, both in public and private life, and to present that there is always a huge discrepancy between positive legal solutions and the way how they are in being used in the reality. [ABSTRACT FROM AUTHOR]

In this paper we want to show how the liability of doctors for the resulting harm was regulated throughout history, its main characteristic being a gradual increase of the scope of liability. In order to facilitate the understanding of the nature of the legal relationship between the patient and the health care provider, which is important for determining the existence of civil liability, we will give a general overview of obligatory relations and how they are provided for in currently valid regulations of the Republic of Croatia. We will put emphasis on those regulations which regulate the terms ‘health care provider' and ‘patient'. After that, we will show all the ways in which obligatory relations can be violated and lay emphasis on the distinction between a medical error and a complication which is important for determining the existence of liability of the health care provider. We will also discuss the following topics: informing the patient, treatment without consent, violation of the obligation to provide emergency care and conclusion of the contract between the patient and the health care service provider. We will mention the cases in which liability was excluded and explain how to institute legal proceedings in respect of damages in the Republic of Croatia. In the end, we will give our own critical review which should facilitate and speed up damage claims. The proposed changes should also lead to fewer damage claims against health care institutions. Damage claims result in bad reputation and distrust which means a smaller number of patients and lowered functionality beacuse not only are the legal proceedings longlasting and exhausting, but they are also affecting the institution's budget. [ABSTRACT FROM AUTHOR]

Liability for damage is one of the fundamental institutes of civil law, and liability for damages caused by the information published in the media is one of its most modern forms. The expansion of media freedoms is not accompanied by a sufficient level of responsibility for publicly published word and because of that, personal rights of legal entities are violated. Self-regulation of media profession currently isn't sufficient for raising professional standards and protection of injured parties so they are forced to seek protection within Croatian judiciary. This is supported by numerous unresolved cases, the slowness of the process and incomplete legal solutions. Other than the introductory remarks and terminological breakdown, this paper contains interpretation of appllicable law (domestic and international), analysis of individual assumptions of liability for damage and forms of repairing the damage as well as display of artificial persons' position, criminal law display and example of case law. [ABSTRACT FROM AUTHOR]

Citizenship of the European Union, known also as European citizenship, was established by the European Union Treaty signed in Maastricht on 7 February 1992 and it has been in force since 1 November 1993. Citizenship of the European Union is supplementary to national citizenship acquired by all citizens of the European Union in their home countries. For semantic reasons, the notion of citizens of the European Union will be mentioned frequently in this paper, however, European Union is neither a super-state nor it consists of classical elements of a state; it is a political union without a state - a non-state entity. The introduction of the citizenship of the European Union, the acquisition and loss of the said citizenship, differences between the national and EU citizenship will be shown in the paper. We will learn of the EU citizens' rights and obligations and of the way in which the European Court of Justice has assessed these rights in its individual judgements. Relations between EU citizens and institutions will be analyzed and bodies will be mentioned that may be contacted by disgruntled citizens. The idea of a citizen is associated with the individual who is loyal to the community of his/her residence and expects protection, assured respect for human rights and the right to participate in the decision-making process of such community's public affairs. This paper will be made also in an effort to defuse most frequently expressed fears of the Croatian citizens in terms of full membership, which will happen in the following months, such that the process of joining the EU may be accepted with the least possible amount of doubt. [ABSTRACT FROM AUTHOR]

The following paper presents the historical and legal study on the development of German unification from Prussian perspective. Starting point of this process was the Congress of Vienna and its new concept of international relations as the questions of war and peace, aggression and defense, enmity and friendship between the European states. The Act of German, unification represents ending point of this consideration. Transformation of Prussia and other German states into unified Germany declined international political-diplomatic system based on the balance of power previously adopted in Vienna. The Franco-German relations as a matter of utmost public interest for next two and a half centuries were the main factor for peace and political stability of Europe and the reasons for later European integration thus providing contribution to the history of European integration. Therefore, this paper provides an analysis of a nation-state, probably the main question of the 19th century. The author explains why unification of Germany failed back in 1848 when the majority of requisitions were met. Otto von Bismarck's impact on Prussian politics is presented, as well as the Prussian constitution and constitutional crisis respecting the relations between liberal and conservative ideas. Special attention is given both to the Congress of Vienna and its legal acts and the German Confederation, which was replaced by the North German Confederation. From there, the paper explores in detail the requisitions of the unification and unification itself. In conclusion the analysis of above-mentioned process is given. [ABSTRACT FROM AUTHOR]

In this paper the author considers constitutional implications of the most recent disagreement between the president and Congress of the United States of America regarding the federal budget and issues related to it, i.e. the debt ceiling. In the first part the author analyses the debt-ceiling crisis causes and political and financial developments that marked the third year of Barack Obama's presidential term of office. He continues his presentation with a detailed review of the budget process institutional framework, i.e. the Constitution and the budget related legislation. Furthermore, the author talks about the debt ceiling issues during the twentieth and in the beginning of the twenty-first century. Then the author discusses the Budget Control Act of 2011, whose content is a reflection of the last minute reached compromise between the president and Congress, thus avoiding the default. The legally introduced increase mechanism of the debt ceiling, and the newly founded Joint Select Committee, on Deficit Reduction, so-called Super committee, have been analyzed in details. Finally, in the last part of the paper, by predicting a new, even more difficult conflict between the president and Congress regarding the above mentioned issues and by pointing to bigger ideological discrepancies between the Republicans and the Democrats, the author explains his doubt in the possibility of efficient work of the American system of "checks and balances" in future. [ABSTRACT FROM AUTHOR]

In this paper the authors aim to draw attention to the legal aspects and the possible social consequences of the Act on Golf Courses, an act that has drawn enormous media attention, particularly with respect to the very delicate institute of expropriation. We begin the paper with a general analysis of golf courses and their economic and environmental impact, as well as by a short overview of the institute of expropriation in general. This is followed by the segment in the paper in which we analyze the structure of the act in question, drawing comparisons between individual stipulations in the Act with relevant stipulations in other acts of the Croatian legal system. In a separate chapter we give a detailed analysis of norms that change the general regime of expropriation in our system. Finally, through the consideration of the formal and material constitutionality of the Act we dismiss some of the claims of unconstitutionality, while at the same time drawing attention to the core problem of the proportional nature of the end and the means in the development of golf courses. In conclusion, all we can do now is to wait for the ruling of the Constitutional Court with respect to this heated debate, a ruling that will determine the fate of what we consider to be a very dubious act. [ABSTRACT FROM AUTHOR]

This paper is an attempt to give a general overview of the institute "ordinary" intervenor in a lawsuit by presenting theoretical guidelines as well as a number of cases from court practice. After the introduction, the issue of (not) having a legal interest is discussed plus other preconditions that must be fulfilled in order that a third person could intervene in the litigation. The legal status of an "ordinary" intervenor in the lawsuit is discussed as well. The issue of giving a statement for the participation in the litigation is also mentioned and related to that the (not) making of a specific decision about intervention is analyzed. The actions that "ordinary" intervenor is/is not authorized to take and the effect of these actions on the party he joined are also examined. The third part of the paper is dedicated to the specific question of the procedural effect on the intervener, the so-called intervention effect and the importance it has in practice. Furthermore the question of subjective and objective limits of the above mentioned effect is discussed. This paper also presents and briefly analyzes other legal texts in which the institute "ordinary" intervenor plays a significant role. Finally, the most controversial issue of the defrayment of expenses the "ordinary" intervenor has is analyzed, based on the principles of causa and culpa. [ABSTRACT FROM AUTHOR]

Mediation is one of the alternative ways to resolve a dispute. Due to the overburdening of the judicial apparatus, a practical and theoretical interest in mediation has recently been increased. The author of this paper deals with the legal regulation of mediation in the legal order of the Republic of Croatia. The paper begins with a general definition of mediation, which is followed by the interpretation of features of mediation. The author further emphasizes formal sources of law on mediation regarding the levels of formation and the importance of certain legal acts. Then he presents the earlier legal regulation of mediation as a prelude to a thorough review and evaluation of the «new» and currently binding legal rules from the Mediation Act, and partly from the Civil Procedure Act. The author compares rules of the «new» regulation with earlier and external solutions. Thereat he explains the causes which gave the impetus for the «new» legal regulation and then estimates the influence of regulation on the development of the institution of mediation. [ABSTRACT FROM AUTHOR]

The paper discusses the problem of raising rate of child labour and its different manifestations. Convention on the Rights of the Child (further: Convention) is undoubtedly the most important instrument of legal child protection and the affirmation of the child's status as the matter of law. Therefore, its role and importance in protecting the child against economic exploitation and, what is even more serious - problems of child labour, will be discussed. The paper also presents the role of the Convention's Facultative protocols which regulate the questions regarding the issue of ivovment of children in armed conflicts, child trafficking, child prostitution and pornography, as well as the role of the Convention of the International Labour Organization which protects the children's rights to protection from economic exploitation. As the Republic of Croatia accepted and ratified the Convention on the Rights of Child along with its Facultative protocols, it is obliged to apply them in Croatian legislation, that will be shown on the examples of family, work and criminal law. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Rights of the Child is an international treaty that grants all children a comprehensive set of rights. These include the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. An elementary part of the standard of living is child care and protection. The Republic of Croatia, as a Party to the Convention, is obligated to take all appropriate measures to secure the recovery of maintenance for the child; to undertake all appropriate legislative, administrative, and other measures for the implementation of recognized right and guarantee the child such protection and care as is necessary for his or her well-being. The paper analyzes the system of child maintenance in Croatian Family Law in accordance with the state's responsibility to ensure efficient protection and exercise child's right to maintenance. The paper also analyzes the new provisions of the Family Law Act intended to improve and simplify the procedure of exercising the child's rights to maintenance through courts and thus to provide better efficiency in the realization of this right. [ABSTRACT FROM AUTHOR]

The paper considers the child's right to contact with the non-resident parent and with its broader family as granted by Articles 8 and 9 of the Convention on the Rights of the Child. In terms of the right to contact, there is an issue of maintaining personal relations between the child and the parent living in different countries (Article 11 of the Convention) as well as an issue of the child's procedural right to express its views in proceedings deciding on some of its rights, including the right to contact (Article 12 of the Convention). Finally, there is the so-called standard Article 3 of the Convention which is aimed at protection of the child's right to its best interest being respected in all the proceedings deciding on its rights. Besides the above child's conventional rights which influence exercising the right to contact, the paper also includes an overview of the legislation from the Family Act, by means of which the Republic of Croatia fulfils its international obligation to respect the above child's rights. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Rights of the Child is an international treaty that grants all children a comprehensive set of rights. These include the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. An elementary part of the standard of living is child care and protection. The Republic of Croatia, as a Party to the Convention, is obligated to take all appropriate measures to secure the recovery of maintenance for the child; to undertake all appropriate legislative, administrative, and other measures for the implementation of recognized right and guarantee the child such protection and care as is necessary for his or her well-being. The paper analyzes the system of child maintenance in Croatian Family Law in accordance with the state's responsibility to ensure efficient protection and exercise child's right to maintenance. The paper also analyzes the new provisions of the Family Law Act intended to improve and simplify the procedure of exercising the child's rights to maintenance through courts and thus to provide better efficiency in the realization of this right. [ABSTRACT FROM AUTHOR]

The paper discusses the problem of raising rate of child labour and its different manifestations. Convention on the Rights of the Child (further: Convention) is undoubtedly the most important instrument of legal child protection and the affirmation of the child's status as the matter of law. Therefore, its role and importance in protecting the child against economic exploitation and, what is even more serious - problems of child labour, will be discussed. The paper also presents the role of the Convention's Facultative protocols which regulate the questions regarding the issue of ivovment of children in armed conflicts, child trafficking, child prostitution and pornography, as well as the role of the Convention of the International Labour Organization which protects the children's rights to protection from economic exploitation. As the Republic of Croatia accepted and ratified the Convention on the Rights of Child along with its Facultative protocols, it is obliged to apply them in Croatian legislation, that will be shown on the examples of family, work and criminal law. [ABSTRACT FROM AUTHOR]

The paper considers the child's right to contact with the non-resident parent and with its broader family as granted by Articles 8 and 9 of the Convention on the Rights of the Child. In terms of the right to contact, there is an issue of maintaining personal relations between the child and the parent living in different countries (Article 11 of the Convention) as well as an issue of the child's procedural right to express its views in proceedings deciding on some of its rights, including the right to contact (Article 12 of the Convention). Finally, there is the so-called standard Article 3 of the Convention which is aimed at protection of the child's right to its best interest being respected in all the proceedings deciding on its rights. Besides the above child's conventional rights which influence exercising the right to contact, the paper also includes an overview of the legislation from the Family Act, by means of which the Republic of Croatia fulfils its international obligation to respect the above child's rights. [ABSTRACT FROM AUTHOR]

In this paper the author focuses on theoretical and practical aspects of statute of limitations in criminal substantial and criminal procedural law. The paper consists both of - historical and philosophical consideration, but also practical aspects of the statute in Croatian substantive criminal legislation and jurisdiction, point out the most critical issues that should be reconsidered and changed in legislation. Moreover, the author has taken the opportunity to point out the importance of moral aspects and state responsibility, when certain disfunctionalism in reaching justice occurs. The role of individual approach in prosecuting and punishing is crucial here, and the author endorses the statute of limitations only if it is subjected to the person who demonstrates rehabilitation. Within legal, moral, and philosophical doubts presented, the author finally concludes with a question: if justice is already blind, are we allowed to force it to hold a stopwatch too? [ABSTRACT FROM AUTHOR]

In this paper the author wanted to show the causes and effects of economy policy during a very peculiar transition period in Republic of Croatia from the moment of its independence in the early nineties until 2005. Trough a theoretic definition of stabilization policy the author intended to obtain a framework necessary to understand the historic and economical context. In order to explain major economical and non-economical causes of the state of Croatian economy the author uses different graphs of major macro economical indicator and provides their interpretation. An overview of political acts such as state stabilization programs and their implementation were necessary in order to detect main problems of the new situation in Croatian economy as well as what caused it. Furthermore, the author compared the results of the implemented stabilization policy and put them in an international context by contrasting Croatia and its economy with economical results of similar transition countries in order to obtain an objective picture. Throughout the paper the author portrayed economical spectrum of problems which existed and concluded they still exist in Croatian economy either because of the burdens of the past or because of a lack of vision of progress. [ABSTRACT FROM AUTHOR]

This paper begins with the problem regarding the definition of terrorism. Problem of defining is as old as the word terrorism. Because of that, there is no definition which would include all its forms. This is especially problem with state terrorism, which took more lives then any other form of non-state terrorism. Further more, in this paper are analyzed the most common ways wich states face the threat of international crime and terrorism, with emphasis on extradition. Many shortages that extradition indicated, have forced countries to find more effective ways to combat this threats. One of this "weapons" are extraordinary renditions, which raised many questions regarding their legality. Although Europe also faced terrorist attacks, it reacted calmer than USA. Nevertheless, its role in enforcement of extraordinary renditions was not negligible, as it was shown by European parliament and Council of Europe investigations. [ABSTRACT FROM AUTHOR]

In this paper the author deals with the phenomenon of street children. To begin with, the author focuses on the meaning of the notion itself and the definition of street children, whereupon the author continues to contemplate the causes of the problem, at the same time referring to the role of the family in this phenomenon. Subsequent to this follows the description of everyday life of these children, examples of what they deal with on daily basis, how they survive and what they are up against. Author also analyzes statistical data on gender, age, origin and habits of the street children. By the end of the paper the author discusses the possible solutions of the problem-those already existing and those yet to be introduced. In the end, the author reviews and comments upon the role and the responsabilities of politicians, legislation, executive power and the society as a whole. [ABSTRACT FROM AUTHOR]

Author in this paper analyses ongoings and processes reffered on dissolution of laws-tate conjuction with Austaria-Hungary Monarchy, establishing State of Slovenian, Croatian and Serbs, accession Consiglio Nazionale on the position of Rijeka's Nacional Council of State SHS, D'Annunzio's campaign from Ronchi and arrival in Rijeka, and in the end, establishing separate Kvarner's state Reggenza Italiana del Carnaro, apropos Italian regency of Kvarner. Subject of this paper is, also, analysis of D'Annunzio's Constitution, which presenting very special expression of constitutional-juristic and political ideas, announces italian model of corporatism, as special ideal-poltical base of constitutionality of fasistic Italy. Moreover, there is analysis of Bloody Christmas, so called five Rijeka's days (cinque giornate di Fiume), which is the name of war for Rijeka that lasted from 24th till 29th december 1920. Author analyses, also, Opatija's pact which concluded that Rijeka's state submited to application of Rapall's agreement. Gabriele D'Annunzio left Rijeka on 18th january 1921. [ABSTRACT FROM AUTHOR]

The author focuses on the terms justice and equity in the context of legal philosophy, arguing that the epistemological analysis of those two terms is crucial for legal philosophy. To understand the essence of these terms is to understand the relationship between justice and law. By analyzing works of various philosophers and lawyers, the paper identifies key differences and similarities in their perception of both justice and equity. The author insists on numerous similarities in the definitions of justice. The distinction between distributive and commutative justice is made, based on the argument that both variations of justice are synonymous to the idea of equality (criterial and non - criterial equality), as well as to the syntagm ⪡Common good⪢. By differentiating between morality and justice, the author considers justice to be a special, and most important, part of morality. The relationship between morality and justice is equal to the relationship between justice and law, which are inseparable. In conclusion and throughout the entire paper, the author tries to find a definition of justice and equity. Alongside with the pure definition of justice and equity, the author makes a distinction between the two terms by saying that their content is the same, but their function and application explicitly differ. [ABSTRACT FROM AUTHOR]

This paper is an attempt to define the concept, frame and jurisdiction of the International Criminal Court. Through examining the Court on the basis of the Rome Statute, the attention is given to the theoretical papers which contain pro and contra arguments concerning the existence and quality of the Court. Moreover, a possible role of the Court in the system of international justice is contemplated, combined with its conjunction with the Constitutional Law, the leading foundation of modern states. As an additional supplement to the paper, a relationship between the Court and the United States of America is closely examined through the work of selected authors. [ABSTRACT FROM AUTHOR]