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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]

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, 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]

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]

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]

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]

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]

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]

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 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]

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]

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]

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]

The aim of the work called Political rights and freedoms on Croatian territory in the First Yugoslavia from 1929 to 1941, by the author Martina Protega, is to show the position of the people from the aspect of the limitation of political rights and freedoms. Beside the constitution and a law scripts, the author used a cyrillic literature and archive materials because of the lack of papers which would give the whole picture of the period of the First Yugoslavia. The author tried to connect events depicted from historical aspect with law regulation which is the highest accomplishment of this work. First, she gave the short review about the law regulation and political situation of the period from 1918 to 1929. Later, she exposed the legislation under the dictatorship of the king Alexander. At the end she showed the relation to the political rights and freedoms from the establishing of the Banate of Croatia until the beginning of the Second World War. [ABSTRACT FROM AUTHOR]

Regulating relations between spouses is very important for every law system and for society as a whole, because of significance of marriage and family in social context. Both the Croatian family law and the canon law of Roman Catholic Church regulate it in different ways, according to the understandings of their legislative authorities. Relevant sources, in which there are included legal norms about personal rights and obligations of spouses and purposes of marriage, are Croatian Family Law and Code of Canon Law (its 4th book). They contain differences, but also similarities, in which there are common understandings that both systems want to emphasize. Reference is also made to other legal norms, such as those that contain definitions of marriage and to their importance in considering personal rights and obligations of spouses and purposes of marriage. Marriage is a relationship that is impossible to regulate completely. Such an attempt would notbe meaningless, because of the intimate nature of marriage. In the analyzed norms, that is proven by their nature as a set of expectations and principles, which is a reflection of the imposibility to precisely regulate relations in marriage. For these reasons, law systems that regulate the establishing of marriage, contain norms that regulate expectations of marriage, but these are theoretically identified as leges imperfectae. Characteristic of not having a sanction as an integral part of the norm, raises their significance as a set of expectations and principles, and not as a norms, that would ensure direct effect through sanctions. Divorce or dissolution of marriage, as a possible mechanism of ending such a behaviour that would be contrary to these norms, and the differences between Croatian Family Law and the Code of Canon Law in considering it, are also analyzed. Issue of applying these norms and of behaviour according to them, is a very difficult pne and encompasses many topics that go beyond the legal reasoning, what is also mentioned in this paper. Finally, the differences between expectations of marriage in two legal systems are presented and especially reactions on behaviours that are contrary to them, but also on many similarities and common opinions about marriage. [ABSTRACT FROM AUTHOR]

On one understanding, since interpretive legal theory is a theory about the grounds of law (or criteria of legal validity), about what constitutes law (i.e., legal content), the theoretical explanation it provides is called constitutive explanation. Accoridng to that theory, in addition to institutional history (constitution, statutes, regulations, court judgements), a necessary role in the constitutive explanation of legal content (legal rights and obligations) is also played by certain moral facts. Depending on how a theory conceives of the roles of institutional history and moral facts in the constitutive explanation of legal content, one can distinguish between the so-called pure and the so-called hybrid interpretive legal theory.The main goal of the paper is to systematically outline the basic tenets of Dworkin's (hybrid) interpretive theory of law by drawing on the conception of what constitutes legal rights and obligations, as developed in Dworkin's book Law's Empire (1986) and termed law as integrity. [ABSTRACT FROM AUTHOR]

The main goal of this essay was to describe in short terms diplomatic and consular relations between former Republic of Dubrovnik and some former superpower countries and to explain elements that made Republic of Dubrovnik a true subject of international law. Paraiel growth of maritime trade and consular service has been showed together with the importance of having good and correct informations. Dubrovnik government paid a lot of attention to the ceremony and they treated foreign diplomatic ambassadors according to their importance for the Republic of Dubrovnik. Some interesting diplomatic tricks are presented in this paper which were used by Dubrovnik ambassadors while urging for the survival of the Republic of Dubrovnik and its commerce at the palaces of european capitals. [ABSTRACT FROM AUTHOR]

The family unit is under special protection by the state and legal systems as a pillar of society. A number of children's rights are protected by the Constitution and applicable legislative provisions in the Republic of Croatia in accordance with international standards. The aim of this paper is to show how the competent authorities proceed while administering two repressive measures of family law protection - taking away the parents' rights to live with a child and the deprivation of the right to parental custody, as well as the advantages and disadvantages of specific instances of out-of-homechild care which is the consequence of said measures. With an overview to the carried out research, the authors state the perceived lack of logic as well as the inconsistent application of legislative provisions and the need for a more decisive reaction from the competent authorities. The authors substantiate the conclusions drawn on the basis of research with statistical data. [ABSTRACT FROM AUTHOR]

The right to accommodation in student dormitory is one of the basic elements of the right to education and significantly affects the quality of studying. However, its protection is not proportional to the degree of its importance. The only relevant regulation that specifically regulates the right to accommodation in a student dormitory is the Regulations on conditions of students accommodation in student dormitories, which governs the rights and obligations of student tenants and student dormitories. As regulation of the rights of the student accommodation by subordinate regulation does not correspond to the needs and specificities of student tenant - SC relation, the question is which regulation would be more appropriate. Based on the analysis, the paper proposes contractual regulation of issues concerning accommodation in student dormitories in order to achieve a greater degree of legal protection and elaborates which legal nature, content and form of contract would best suit the needs of the specified legal relation. With the improvement of the protection in the substantive field, it also proposes an improvement of procedural protection between subjects in mentioned relation. [ABSTRACT FROM AUTHOR]

In this paper, conceptually divided into four main chapters, the author examines, analyzes and processes the facts relating to the life, work and philosophy of one of the greatest Christian philosophers, but also philosophers in general-Augustine of Hippo. Also, after the first three chapters in which acquaints us with Augustine's life, his work and philosophy, in the last chapter the author tries to find and present links and common points of Augustine's philosophy and some aspects of today's modern law. The author tries to point out the fact that a large number of elements of Augustine's philosophy are present in today's modern law and jurisprudence. [ABSTRACT FROM AUTHOR]