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This thesis deals with Hans Kelsen’s concept of peripheral imputation, a relation established by law between material facts as legal conditions and consequences. Being a fundamental concept of his idea of legal science, this paper describes how Kelsen draws the comparison between imputation and causation, a fundamental principle of natural science that also connects material facts, albeit differently. In addition to the comparison itself, the paper discusses how Kelsen uses it to work in favor of legal science. Firstly, the difference between the two relations is used by Kelsen to justify the autonomy of legal science. After all, if it makes sense to talk about a way of relating things in the world that’s not causation, it makes sense to have a science that describes things as they’re related in this other way. Secondly, pointing to the analogies between the two relations, and consequently between legal and natural science, is supposed to prop up the legitimacy of former. For Kelsen, causal relations take the form of statements of scientific laws, so exploring this second move requires us to answer what makes scientific laws important in scientific explanation and whether this can be mimicked by imputation. The answer if far from obvious, but it’s tentatively proposed that Kelsen could make use of the idea of nomic necessity of scientific laws, as Kelsen has no trouble describing both relations as necessary in his early works. As this changes in his later works, the question arises whether Kelsen’s whole manoeuvre falls apart. [ABSTRACT FROM AUTHOR]

In this paper it is intended to evaluate the epistemological theory of Otto Neurath and Alf Ross regarding legal theory and norms. In order to do so, one particular phenomenon shall be examined: normative inflation. The fact that there are too many norms creates a specific situation for knowledge just like the absence of norms does. The hypothesis is that knowing “the” applicable norm is epistemologically equivalent whether there are too many norms or too few. In order to do so it seems interesting to rely on Neurath’s definition of knowledge that emphasizes its underdetermination and its uncertainty. [ABSTRACT FROM AUTHOR]

A fortiori arguments intend to draw conclusions from propositions deemed stronger. There are two types of a fortiori arguments, usually named as a maiore ad minus and a minore ad maius. The aim of this paper is the following. Firstly, following Luís Duarte d’Almeida and Alchourrón, to present the a fortiori arguments’ features and structure. Secondly, to demonstrate that a fortiori is not an interpretation method but rather a systematization and ordering method. Thus, it occurs after interpreting legal provisions. Thirdly, to claim that a fortiori is a logically invalid inference, following what has also been claimed by several authors. [ABSTRACT FROM AUTHOR]

The authors' goal with this paper is to give insight into the complex world of European Union's State aid and public procurement rules which have an ever-increasing importance in EU law, in the EU, and consequently, in Croatia as well. The paper will first explain the four conditions that have to be cumulatively fulfilled in order for a certain measure to constitute an illegal State aid and after that, the authors will give an overview of the most relevant rules and conditions of the public procurement procedures. In their elaboration the authors will cover the EU State aid and public procurement rules from the perspective of: a) the primary legislation of the EU, that is, the Treaties; b) the secondary legislation; c) case-law of the Court of Justice of the European Union; d) European Commission's documents and e) current academic legal reasoning. Moreover, the authors will pass their own judgement and give their opinion on the relevant rules and issues of EU State aid and public procurement rules. [ABSTRACT FROM AUTHOR]

This scientific research paper will answer the question how did the EU's foreign trade policy developed through the years and what were the motives behind the evolution? The answer to that question is reached by a research and legal analysis of all of 31 EU's FTAs that are currently in force, with the addition of the FTA concluded with the Republic Croatia which is no longer in force. The authors believe that it is important to know the past so one could understand the present and discuss the potential future. For this purpose the paper contains the classification of 32 FTAs which have different rationales, scopes, political and economic motivations. The classification as a whole represents the evolution of the EU FTAs and by that mere fact, the evolution of the EU's foreign trade policy in general. [ABSTRACT FROM AUTHOR]

This paper examines various forms of legal control of decisions taken by the U.N. Organs and the role of the international Court of Justice. Firstly, it outlines the role of the U.N. Charter itself and the role of the international law in general. It also discusses the power of member states' consent as the (de)legitimator of the U.N. activity. It then goes on to review the procedures and processes via which the exercise of the powers of the U.N. organs can be challenged by the International Court of Justice and, in particular, discusses whether Security Council resolutions can be subjected to judicial review by the ICJ. Finally, the paper indicates prospects for future development towards greater control and limitation of powers of the U.N organs. [ABSTRACT FROM AUTHOR]

This paper analyses arguments for and against the paedophile registry as an institute in the world, and as something implemented on 1st January 2013 in the Republic of Croatia through the Act on Legal Consequences of Conviction, on Criminal record and Rehabilitation. The basis for the discussion was the fundamental function of the state which served as criteria of justification of different types of the paedophile registry analyzed in the paper. As main pro and contra arguments: principle of proportionality, right to privacy, right of access to information, dark figure data and recidivism rates. Moreover the paper presents the delicate problematic of rehabilitation. At the end of the paper, special attention was given to comparative law and the European Council's Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. [ABSTRACT FROM AUTHOR]

The paper deals with the EEC legal regime and discusses whether Croatia should declare one. In order to provide comprehensive understanding of the relevant issues, the paper firstly analyses the legal institute of the EEC and gives an overview of all relevant characteristics thereof, as set forth in the third United Nations' Convention on the Law of the Sea (UNCLOS). Then it presents some of the questions arising from the process of the declaration and delimitation of the EEC by reviewing the most relevant case law on this matter. The Republic of Croatia has incorporated all the up to date provisions in its Maritime Code relative to the EEC. However, it decided to proclaim an Ecological-Fishery Zone with only some of the sovereign rights which a state is entitled to exercise in the EEC according to UNCLOS. Subsequently, it suspended this Zone thus making the protection of Croatian maritime resources dubious. [ABSTRACT FROM AUTHOR]

The paper gives a theoretical study and research results from the Zagreb County Court in order to describe a typology of the victim and the victim's relationship to the perpetrator from Article 188. of the Penal law of the Republic of Croatia. The autor tries to approach the problem of rape by studying the psychological profile of the victim using theoretical data as well as his own reserach results from judgements given by the Zagreb County Court. The paper also deals with legal, biopsychosocial and sociomedical aspects of the criminal offence so as to describe the psychological profile of the rape victim and the victim's relation to perpetrator, as well as the phenomenology of rape in Croatia. It is concluded with an analysis of the research material. [ABSTRACT FROM AUTHOR]