EU and comparative law issues and challenges series (ECLIC)
type: channel
publisher: Josip Juraj Strossmayer University of Osijek, Faculty of law Osijek
language: en
publication name: EU and comparative law issues and challenges series (ECLIC)
issn: 2459-9425
copyright: Authors retain the copyright on the papers published in the Journal, but grant the right of first publication to the Journal. Papers accepted for publication or already published in ECLIC of the Faculty of Law in Osijek may be published by the author(s) in other publications only with proper notice of its previous publication in ECLIC.
items: FOREWORD
items: CITY OF ZAGREB’S MODEL FOR MUNICIPAL WASTE COLLECTION
items: LOBBYING IN THE EUROPEAN UNION
items: DIGITAL LABOUR PLATFORM (DLP) REGULATION IN CROATIA
items: LINKING EU STRATEGIC GOALS WITH NATIONAL BUDGETS
items: THE ROLE OF EUROPEAN CULTURAL CSOS IN FOSTERING THE EU’S EXTERNAL CULTURAL RELATIONS
items: THE PRINCIPLE OF NON-REFOULMENT A CORNERSTONE OF REFUGEE PROTECTION OR A LEGAL FICTION?
items: ON THE PUBLIC HEALTH CRISIS
items: RESTRICTIVE MEASURES OF THE EUROPEAN UNION AND THE PROPORTIONALITY OF RESTRICTIONS ON THE FREEDOM TO CONDUCT A BUSINESS AND THE RIGHT TO PROPERTY
items: CITIZENS’ ATTITUDE TOWARDS LOCAL OFFICIALS - FREQUENCY, PREVENTIVE MEASURES AND CONSEQUENCES OF AGGRESSIVE BEHAVIOUR
items: THE IMPACT OF LAND CONSOLIDATION ON AGRICULTURE AND RURAL DEVELOPMENT
items: AI SYSTEMS AND PRODUCT LIABILITY IN THE EU
items: PRACTICAL APPLICATION OF THE DIGITAL SERVICES ACT - THE CASE OF THE SLOVAK REPUBLIC
items: LIABILITY IN A DIGITALIZED WORKPLACE
items: AUTOMATED DECISION-MAKING AND THE ROLE OF ARTIFICIAL INTELLIGENCE IN RESOLVING DISPUTES OVER ILLEGAL CONTENT ON DIGITAL PLATFORMS
items: OPENING/FALLING OF THE BOW VISOR/RAMP AS THE CAUSE OF MARITIME CASUALTIES – LIABILITY AND INSURANCE ASPECTS
items: TRANSPARENCY OF CIVIL PROCEEDINGS IN THE DIGITAL AGE
items: CLIMATE CHANGE AND HUMAN RIGHTS
items: EXECUTION OF THE EUROPEAN COURT OF HUMAN RIGHTS JUDGMENTS RELATED TO RIGHTS OF PERSONS WITH DISABILITIES
items: SELF-EFFICACY AND EMOTIONAL REGULATION AS PREDICTORS OF DEPRESSIVE SYMPTOMS AMONG SOCIAL WORKERS
items: PARENTHOOD WITHOUT BORDERS - JUDICIAL COOPERATION FOR CROSS-BORDER FAMILY SECURITY IN THE EU
items: ROLE OF THE PARENTS IN THE EXERCISE OF THE CHILD’S RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
items: BEST INTERESTS OF UNACCOMPANIED CHILDREN IN RETURN PROCEEDINGS
items: SAFEGUARDING INTERESTS AND HUMAN RIGHTS OF UNACCOMPANIED MINORS SEEKING ASYLUM IN POLAND THROUGH CIVIL PROCEEDINGS
items: THE IMPACT OF EU NATURE RESTORATION LAW ON PRIVATE PROPERTY RIGHTS – BETWEEN THE ENVIRONMENTAL PROTECTION AND THE (IN)COMPATIBILITY WITH THE ROMAN LEGALTRADITION
items: THE APPLICATION OF THE LEGAL PRINCIPLES AND METHODS OF INTERPRETATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN CLIMATE CHANGE-RELATED CASES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS
items: STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION – MEASURES OF PROTECTION AGAINST MANIFESTLY UNGROUNDED CLAIMS OR ABUSIVE LITIGATION. A POLISH PERSPECTIVE
items: CIVIL LAW ASPECTS OF THE CONFLICT OF PRIVATE AND PUBLIC INTERESTS AND REALIZATION OF GUARANTEE OF THE RIGHT OF OWNERSHIP IN THE BOUNDARY REGULATION PROCEDURE
items: JUDICIAL LAW-MAKING AND THE UNIFORM APPLICATION OF LAW AFTER ECJ’S JUDGMENT IN THE HANN INVEST CASE – A MISSION FOR CROATIA AND THE LESSON FOR OTHER MEMBER STATES
items: FREEDOM OF EXPRESSION ON THE INTERNET VS. DIGITAL SERVICES ACT

FOREWORD
type: item
description: The 9th edition of the International Scientific Conference on EU and Comparative Law Issues and Challenges (ECLIC), titled “Strong and Secure Europe: Legal and Economic Aspects”, offered another valuable opportunity for scholarly reflection and exchange on current challenges in European legal systems. With contributions from participants representing 11 countries, 35 papers, and over 100 authors including co-authors, this edition continues the tradition of bringing together legal scholars and practitioners in intellectually engaging dialogue on European legal challenges. This year, the Faculty of Law in Osijek took a step beyond established practice and organisational routines by choosing to host the conference in one of the world’s and Croatia’s most treasured cities — Dubrovnik, a memorable and inspiring venue, sincerely appreciated by all participants. The conference was supported by the Croatian Representation of the European Commission, the Croatian Academy of Sciences and Arts, and the Hanns Seidel Stiftung, whose sponsorship underscores the institutional recognition of ECLIC’s contribution to legal science and policy discourse. Over the years, ECLIC has grown into a distinguished forum for addressing current challenges in EU law, comparative legal systems, and their intersection with economic and political frameworks. As a keynote speaker, I was truly honoured to have been invited to open the academic programme of the conference with a lecture on the topic: “EU Rule of Law on Trial: Institutional and Security Barriers to the EPPO’s Prosecutions – Focus on Croatia.” The lecture brought critical attention to the institutional and procedural challenges of the evolving role of the European Public Prosecutor’s Office (EPPO) and exposed how its work has become a source of tension between national sovereignty and supranational criminal jurisdiction, especially in politically sensitive cases involving high-ranking officials. The EPPO has, in recent years, shaken the …
subject: Articles
  topic: section
creator: Zlata Đurđević
rights: Copyright (c) 2025 Zlata Đurđević https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: XI
ending page: XII
doi: 10.25234/eclic/38144

CITY OF ZAGREB’S MODEL FOR MUNICIPAL WASTE COLLECTION
type: item
description: The aim of the paper is to analyse the model of providing the public service of municipal waste collection on the territory of the City of Zagreb. The level of public service that must be provided in order for the municipal waste collection system to fulfil its purpose, be economically viable and ensure the safety, regularity and quality of the public service is extremely difficult to achieve. A particular problem is posed by apartment buildings, where the spatial conditions make it very difficult to organize a sensible billing system in which individual users are billed according to the amount of waste produced. The analysis assumes that a fair balance must be struck between the interests of the individual and the community whereby the municipality has a certain degree of discretion in determining waste management measures. From a legal perspective, the decision of the City of Zagreb must be assessed in the context in which it was taken and the objectives pursued. The current solutions seem to us to be largely acceptable. From an economic point of view, we believe that the imposition of a contractual penalty on service users who separate municipal waste in apartment buildings due to co-owners who do not do so is not made on objective and justified grounds. Therefore, the existing legal solution or justification in relation to the objective and effect of the measure under consideration is not considered in accordance with the principles common in democratic societies. The authors’ tendency is to highlight the complexity of the problem through an interdisciplinary approach, to initiate a dialog on the quality of housing, the relevant role of the state, regional and local government and citizens, and on appropriate implementation mechanisms.
subject: Articles
  topic: section
creator: Marko Tomljanović
creator: Pavle Jakovac
creator: Dejan Bodul
rights: Copyright (c) 2025 Marko Tomljanović, Pavle Jakovac, Dejan Bodul https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 819
ending page: 838
doi: 10.25234/eclic/38142

LOBBYING IN THE EUROPEAN UNION
type: item
description: The legislation procedure within the European Union (EU) legal system is determined by the sources of EU law. Therefore, the legal acts adopted by the EU institutions are the instruments by which the application of its public policies is regulated. The process of adopting legal regulations is provided for by the creation of the public policies of the EU, which are at the same time influenced by the number of actors involved. Various political groups and the public administration of the EU play a significant role in creating the EU’s public policies. However, informal actors such as interest groups and lobbies play an increasingly important role in this process. Due to the participation of interest groups and lobbyists in the process of creating the EU’s public policies, and consequently their implementation, their influence on the EU policies has been transformed and increased in comparison with previous decades. Thus, interest groups and lobbies have become leading actors on the European scene, influencing the law and the economy of the EU through legitimate means, which has consequently also affected its member states and international relations. This paper aims to show how the interest groups and lobbies legally operate within the European legal system, illustrating at the same time the EU mechanisms of lobbying regulation, as well as showing the consequences of the EU’s institutions’ dependence on such influence – particularly on the specialized professional knowledge of experts, whose opinions can influence the adoption of certain EU public policies. In addition, the paper provides an overview of lobbying strategies and the legal regulation of lobbying within the EU. Lastly, the paper analyses the limits of the legal activity of interest groups and lobbies in relation to illegal forms of lobbying and corruption. Applying the method of analysis, the paper attempts to shed light on the impact of lobbying on the design and implementation of public policies in the …
subject: Articles
  topic: section
creator: Jasminka Đojinčević
rights: Copyright (c) 2025 Jasminka Đojinčević https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 789
ending page: 818
doi: 10.25234/eclic/38141

DIGITAL LABOUR PLATFORM (DLP) REGULATION IN CROATIA
type: item
description: Digital labour platforms (DLP) represent one of the most visible results of the latest technological revolution in the world of work. Working through online platforms in the Republic of Croatia is a relatively new phenomenon which has seen significant growth in the last few years, especially since the arrival of digital platforms such as Uber, Bolt, Wolt and Glovo, which operate in Croatia in the transport and delivery services. Although this phenomenon started before the COVID-19 crisis, for many platform workers the workload increased sharply due to the impact of the pandemic. The types of work offered through platforms are ever-increasing, as are the challenges for regulators. In an effort to modernize and align Croatian labour law with the contemporary challenges, the amendments to the Croatian Labour Act governing work on digital platforms took effect on 1 January 2024, before the formal adoption of the EU Platform Work Directive in April 2024. With this regulatory harmonization, the Croatian legal framework represents one of the earliest regulations on platform work within the European Union. This paper provides a concise overview of the main novelties brought by the Croatian Labour Act, as well as the key features from the EU Platform Work Directive. The analysis will also examine the Report on the state of Platform Work for the year 2024, which has to be published by the Croatian Ministry of Labour, Pension System, Family and Social Policy by 31 January 2025, being the first report since the implementation of the Unified Electronic Work Records (“JEER”) system. The report is expected to provide a more detailed insight into the state of platform work in Croatia. A particular emphasis will be placed on foreign migrant workers, whose number is constantly growing and who are often employed as platform workers. Conclusions will be drawn on the necessary legislative changes during the formal alignment with the adopted directive.
subject: Articles
  topic: section
creator: Jelena Tadić Cegnar
rights: Copyright (c) 2025 Jelena Tadić Cegnar https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 765
ending page: 788
doi: 10.25234/eclic/38140

LINKING EU STRATEGIC GOALS WITH NATIONAL BUDGETS
type: item
description: With the development of the European Union as a political community, also its public finances and fiscal policies have gradually taken shape and developed. The research focuses on the period from 2020 to 2025 and seeks to answer the question of whether and how the European Union’s economic governance system ensures that its strategic goals and priorities are reflected in the Member States’ strategic and budgetary planning, and what new developments in this respect have been brought about in 2024 and 2025 by the fiscal rules reform, the new composition of the European Parliament and the European Commission, as well as by the substantially changed geopolitical and economic situation and increased security risks. The research is based on empirical and qualitative research methods. The results of the research analysis shows that the European Union’s economic and fiscal governance system has linked its strategic goals to national budgetary and reform policies and has responded to changing circumstances through ad hoc emergency instruments such as the fiscal escape clause and the Recovery and Resilience Facility. In particular, the 2024 reform of the European Union’s fiscal rules, and changes in the geopolitical and security situation, have brought about greater flexibility and individualisation in the coordination of fiscal policy when dealing with Member States according to their characteristics. The findings of the research indicate the start of a new, broader reform of the economic governance of the European Union, which will allow sustainable adjustments of the European Union to changing geopolitical circumstances and security challenges. While the Republic of Slovenia has kept pace with the European Union’s objectives in terms of economic and fiscal governance, it has been less successful in achieving its national goals. Between 2020 and 2025, the transition from national strategic to budgetary planning in the Republic of Slovenia remained incomplete.
subject: Articles
  topic: section
creator: Aljanka Klajnšek
rights: Copyright (c) 2025 Aljanka Klajnšek https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 743
ending page: 764
doi: 10.25234/eclic/38138

THE ROLE OF EUROPEAN CULTURAL CSOS IN FOSTERING THE EU’S EXTERNAL CULTURAL RELATIONS
type: item
description: The main aim of this paper is to explore the role of the European cultural civil society organizations (CSOs) in fostering the EU’s external cultural relations. This paper is obtained in the following way. Firstly, the important role culture plays in contemporary international relations is conceptualized as well as the key concepts such as soft power, cultural diplomacy and international cultural relations are outlined. Secondly, the EU’s external cultural relations are articulated as an emerging cross-sectoral policy field which is extending between the EU’s cultural and external policies. Lastly, the role of the European cultural CSOs in fostering the EU’s external cultural relations is assessed in three following steps: firstly, by conceptualizing civil society organizations from general towards the EU’s perspective; secondly, by identifying the significance of involving the CSOs within the EU’s policy framework for external cultural relations; and thirdly, by providing review and analysis of European cultural CSOs’ actions in the field of the EU’s external cultural relations. Considering that culture represents an important component of contemporary international relations, this paper indicates that within the EU context cultural CSOs play an increasingly significant role in fostering further development of more comprehensive EU’s policy framework for external cultural relations.
subject: Articles
  topic: section
creator: Jeronim Dorotić
rights: Copyright (c) 2025 Jeronim Dorotić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 711
ending page: 740
doi: 10.25234/eclic/38137

THE PRINCIPLE OF NON-REFOULMENT A CORNERSTONE OF REFUGEE PROTECTION OR A LEGAL FICTION?
type: item
description: The principle of non-refoulement, enshrined in Article 33(1) of the 1951 Refugee Convention, is widely regarded as a cornerstone of international refugee protection. It prohibits states from expelling and returning individuals to territories where their life or freedom would be threatened due to race, religion, nationality, membership of a particular social group, or political ideology. The mentioned principle has been reinforced through several international human rights treaties and customary international law, emphasizing its universality and binding nature. However, its practical implementation often reveals significant challenges, leading some to question whether non-refoulement remains a robust legal safeguard or has devolved into a legal fiction in contemporary refugee governance.
subject: Articles
  topic: section
creator: Rebecca Lilla Hassanová
creator: Dominika Moravcová
rights: Copyright (c) 2025 Rebecca Lilla Hassanová, Dominika Moravcová https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 684
ending page: 710
doi: 10.25234/eclic/38136

ON THE PUBLIC HEALTH CRISIS
type: item
description: This article aims to explore the effect of the Public Health Crisis on liberal democracies such as the Republic of Croatia. We will focus on the experiences of the last such crisis - the COVID-19 pandemic, which the WHO declared on March 11, 2020. The article is divided into three parts. The first part of the article provides a conceptual analysis of the term “emergency” or “state of emergency”. Public health crises are only one type of crisis that trigger legal mechanisms intended for situations that go beyond the framework of “normal”. Therefore, these situations differ from normal and are spatially and temporally limited. They all have in common that they are unexpected, unpredictable and demand an urgent and exceptional reaction from the state. Although crises differ in scope, novelty, or secrecy, their separation is methodologically problematic. It is argued that public health emergencies are “scientific” in the sense that state authorities should primarily follow the recommendations of public health experts. The second part of the paper refers to the impact of crises on the state’s constitutional framework, the relations between the executive, legislative and judicial branches and the protection of human rights. This section of the paper will focus on the critical analysis of articles about this problem in the context of the COVID-19 pandemic. Most constitutions define emergencies and mechanisms to protect the democratic order from usurpation of power. However, these terms are broadly formulated and, in practice, have proven unclear. The answers to the posed questions should prove vital if and when the EU decides to adopt a more comprehensive emergency legal framework by providing guidelines on essential issues that may arise. The final part of the article provides an overview of arguments presented by different authors regarding whether the COVID-19 pandemic and the response in Croatia represented a state of emergency as defined under Article 17 of the Consti…
subject: Articles
  topic: section
creator: Ivana Tucak
creator: Ivica Pavić
creator: Žaklina Harašić
rights: Copyright (c) 2025 Ivana Tucak, Ivica Pavić, Žaklina Harašić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 648
ending page: 683
doi: 10.25234/eclic/38135

RESTRICTIVE MEASURES OF THE EUROPEAN UNION AND THE PROPORTIONALITY OF RESTRICTIONS ON THE FREEDOM TO CONDUCT A BUSINESS AND THE RIGHT TO PROPERTY
type: item
description: The primary objective of this article is to analyse and identify the essential elements of the proportionality assessment method applied by the Court of Justice of the European Union in cases concerning the restrictive measures (sanctions) adopted by the Council, which limit the freedom of entrepreneurship and the property rights guaranteed by Articles 16 and 17 of the Charter of Fundamental Rights. Since these measures amount to interferences with the right to peaceful enjoyment of property protected by Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, this article specifically aims to identify both the similarities and the contentious differences in the proportionality assessment methods used by the CJEU and the ECtHR, especially in the context of the Bosphorus doctrine and the presumption that the protection standard provided by EU law is equivalent to the standards of the Convention. Given their unprecedent character, the article particularly analyses cases of the CJEU concerning sanctions imposed following the war in Ukraine by comparing them with relevant case-law of the ECtHR under Article 1 of Protocol No. 1 to the Convention. Finally, the article provides original conclusions regarding the elements of the lawfulness and proportionality tests applied by the CJEU that should be improved in order to make its practice more consistent and clearer for national constitutional courts, which will increasingly be required to apply both the accepted Convention standards and EU law in cases concern- ing restrictive measures. In this regard, the article also offers conclusions on the principles that constitutional courts should follow in such cases.
subject: Articles
  topic: section
creator: Miroslav Šeparović
creator: Helena Majić
rights: Copyright (c) 2025 Miroslav Šeparović, Helena Majić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 618
ending page: 647
doi: 10.25234/eclic/38134

CITIZENS’ ATTITUDE TOWARDS LOCAL OFFICIALS - FREQUENCY, PREVENTIVE MEASURES AND CONSEQUENCES OF AGGRESSIVE BEHAVIOUR
type: item
description: A safe working environment is one of the fundamental rights of workers, regardless of the type of job or employer. All previous research on workplace aggression has primarily focused on intra-organizational forms, while aggressive behaviour from external stakeholders (such as users or citizens) has been studied far less frequently, particularly in relation to public officials. Research findings indicate that citizen aggression significantly affects employees’ overall wellbeing and health, their organizational commitment and performance. Public officials work in the public interest, follow the rules and cannot always meet citizens’ demands and needs. Under the influence of New Public Management, officials are expected to do more with fewer resources, leading to overwork, stress, and potentially declining service quality and trust in public administration. At the same time, citizens are becoming more demanding and better informed, while trust in public services is declining. Along with other classic predictors, these factors may contribute to increased citizen aggression toward public officials. In this paper, the focus of research is on officials in local government units in Osijek-Baranja and Vukovar-Srijem counties. The questions posed in the research are: how frequently do citizens exhibit aggressive behaviour toward officials in local government units, what are the consequences of such behaviour for officials and what preventive measures have been implemented to prevent aggression? To collect data, a survey questionnaire was created using Google Forms, containing seventeen questions, and was sent to respondents in October 2024. The collected data underwent qualitative and quantitative analysis using classical statistical methods. Relations were made between independent variables (such as gender, type and size of the local government unit, length of service, and job type) and dependent variables. The results align with comparative research. The respondents report …
subject: Articles
  topic: section
creator: Jelena Dujmović Bocka
creator: Danijela Romić
creator: Željka Vajda Halak
rights: Copyright (c) 2025 Jelena Dujmović Bocka, Danijela Romić, Željka Vajda Halak https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 589
ending page: 617
doi: 10.25234/eclic/38132

THE IMPACT OF LAND CONSOLIDATION ON AGRICULTURE AND RURAL DEVELOPMENT
type: item
description: In the paper, the authors analyse the significant impacts of implementing the land consolidation procedure, that is, the analysis of the impact of land consolidation on land that is largely used for agricultural purposes, and how the land consolidation process contributes to the rural development of a specific municipality or village. The said analysis is carried out on the basis of national, but also European legal regulations, considering that land consolidation as a legal institute is closely connected with the objectives of the Common Agricultural Policy, which encourages increased land usability. In the context of European Union law, the Habitats Directive and the Strategic Environmental Assessment Directive will certainly be of importance, as well as the Regulation on the bodies within the system of management and control over the use of the European Agricultural Fund for Rural Development. The impact of land consolidation on rural development is of great importance, and EU funds, especially the European Agricultural Fund for Rural Development (EAFRD), play an important role in its development, by directly or indirectly influencing the implementation of the land consolidation procedure. The relevance of the topic is reflected in the fact that, from 1991 until today, not a single land consolidation procedure has been carried out in the territory of the Republic of Croatia. The implementation of land consolidation would significantly improve the economic usability of agricultural land and would encourage the renewal and development of rural areas whose existence and growth are based on agriculture as the primary activity of the rural population.
subject: Articles
  topic: section
creator: Boris Ljubanović
creator: Josip Plišo
rights: Copyright (c) 2025 Boris Ljubanović, Josip Plišo https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 567
ending page: 588
doi: 10.25234/eclic/38131

AI SYSTEMS AND PRODUCT LIABILITY IN THE EU
type: item
description: The paper analyses liability for defective AI systems from a private international law perspective. It begins with a brief analysis of the main reasons for the adoption of the new Directive 2024/2853 of 23 October 2024 on liability for defective products and the role of this Directive in the new EU legal framework on artificial intelligence, examining in particular its interplay with Regulation 2024/1689 of 13 June 2024 laying down harmonised rules on artificial intelligence (AI Act). The paper then focuses on the lack of a specific regulation of private international law issues in the above-mentioned legal framework and the consequent need to consider other sources of law to address these issues. To this end, it first examines the relevant provisions of Regulation 1215/2012 (Brussels I bis), in particular the special forum for torts (Article 7 (No. 2)), and its interpretation by the CJEU in cases of defective products. It also deals with the conflict-oflaws rules of Regulation 864/2007 (Rome II) - especially Article 5, on damages caused by a product - and their coordination with the 1973 Hague Convention on the Law Applicable to Products Liability. The aim of the paper is to examine the results of the application of the current rules on jurisdiction and applicable law to cases of defective AI systems, and to highlight their main critical issues and possible solutions. The author proposes the introduction of new heads of jurisdiction and conflict-of-law rules that would strike a fairer balance between the interests at stake: protecting people from the serious harm that AI systems could cause, and promoting the free movement of these systems in the EU market.
subject: Articles
  topic: section
creator: Curzio Fossati
rights: Copyright (c) 2025 Curzio Fossati https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 545
ending page: 563
doi: 10.25234/eclic/38130

PRACTICAL APPLICATION OF THE DIGITAL SERVICES ACT - THE CASE OF THE SLOVAK REPUBLIC
type: item
description: The Digital Services Act is currently receiving significant attention not only from experts but also from the general public. As stated in Article 93 of the DSA, the regulation will be fully applicable from February 17, 2024. Member States were required to incorporate its provisions into their national legal systems and begin its practical implementation. The submitted paper addresses the issues associated with implementation of the Digital Services Act into the legal system of the Slovak Republic, which adopted DSA through amendment of the law, No. 264/2022 Coll., on media services. In the context of the Slovak Republic, we are currently witnessing the first decisions of the Council for Media Services, which imposed an obligation to remove illegal content. The objective of this paper is to examine the process of implementation and application of the Digital Services Act and analyse the relevant decisions of the Council for Media Services, focusing on comparison of the concept of illegal content under national Slovak law and European Union law.
subject: Articles
  topic: section
creator: Simona Rudohradská
rights: Copyright (c) 2025 Simona Rudohradská https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 521
ending page: 544
doi: 10.25234/eclic/38129

LIABILITY IN A DIGITALIZED WORKPLACE
type: item
description: The AI Act, adopted by EU lawmakers in 2024, marks a major step in harmonizing AI regulation across Europe by introducing a risk-based framework for AI system oversight. However, it does not directly address civil liability related to the implementation of AI based systems and technologies. To bridge this gap, the EU has taken steps by updating the Product Liability Directive (PLD) and negotiating the proposed Artificial Intelligence Liability Directive (AILD). The PLD now covers damages caused by products that use AI-systems, while the AILD is still under discussion. Despite these efforts, liability rules remain fragmented, particularly in workplace settings. This paper explores how emerging EU legislation affects liability for AI-related damages at work, where clear rules are essential to ensure accountability and build trust in automation. It addresses challenges such as AI opacity, causation, and the balance between innovation and legal responsibility. Using examples like medical diagnostics and autonomous machines, the paper highlights the difficulties of assigning liability among employers, employees, and AI developers. It focuses on the intersection of contractual distribution of responsibilities, requirements under the AI act and special obligations of employers towards their employees. Croatia’s legal framework on contractual liability serves as a case study, focusing on how EU regulations intersect with national law and worker protection rules. The analysis reveals gaps in liability allocation, shows how guidelines for AI use will increase in importance and suggests how national and EU laws must adapt to support safe and lawful AI use in the workplace.
subject: Articles
  topic: section
creator: Šime Jozipović
creator: Trpimir Perkušić
rights: Copyright (c) 2025 Šime Jozipović, Trpimir Perkušić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 491
ending page: 520
doi: 10.25234/eclic/38128

AUTOMATED DECISION-MAKING AND THE ROLE OF ARTIFICIAL INTELLIGENCE IN RESOLVING DISPUTES OVER ILLEGAL CONTENT ON DIGITAL PLATFORMS
type: item
description: The increasing volume of digital content in the virtual world of digital platforms and its potential to contain illegal elements creates significant challenges for moderation and the resolution of related disputes. Automated decision-making, supported by artificial intelligence (AI), is becoming a key tool in the initial identification and processing of illegal content. In particular, this article explores the legal aspects of using AI in this context, with an emphasis on its role in the first stage of the decision-making process. Peripherally, the author also touches on technical aspects. The article will analyse the legal framework of the European Union, in particular the new Digital Services Regulations (DSA). We will focus our investigation on the extent to which automated decision-making is compatible with the requirements of transparency, fairness and the protection of users’ fundamental rights. The paper also offers insights into redress mechanisms that allow users to challenge AI decisions and possibly escalate disputes to a higher level, where human moderators or independent entities adjudicate them. Finally, we propose recommendations for legislation and digital platforms to harmonise the use of AI in content moderation, considering the need to protect fundamental rights, the efficiency, and transparency of the entire process. The ambition of this article is to contribute to the ongoing debate on the balance between automation and human intervention in content moderation and dispute resolution, identifying the opportunities and risks associated with the use of AI on digital platforms.
subject: Articles
  topic: section
creator: Regina Hučková
rights: Copyright (c) 2025 Regina Hučková https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 479
ending page: 490
doi: 10.25234/eclic/38127

OPENING/FALLING OF THE BOW VISOR/RAMP AS THE CAUSE OF MARITIME CASUALTIES – LIABILITY AND INSURANCE ASPECTS
type: item
description: One of the fundamental determinants concerning the safety of maritime navigation is the need to comply with all safety standards of ship maintenance and safe working conditions, the nonfulfiilment or non-observance of which is considered a decisive factor in the occurrence of maritime casualties. In this article, the international, European and national normative legal issues of liability for damages and insurance cover are presented and explained using the example of two maritime casualties involving ro-ro passenger ships: 15-year old ship “Estonia” from 1994 (the accident occurred due to the opening of the bow visor during the navigation, which led to the sinking of the ship in international waters of the Baltic Sea and the death of 852 people) and the 55-year old ship “Lastovo” from 2024 (the accident occurred as a result of the fall of the bow ramp on a crew member at the pier, resulting in the death of 3 crew members and serious bodily injuries to 1 crew member). Although these are maritime accidents that occurred almost 30 years apart, they have a common link and raise questions about the (un)seaworthiness of the ship - which was established in the case of the maritime accident of the ship “Estonia” and seaworthiness of the ship which was established in the case of the maritime accident of the ship “Lastovo”. Given the above, the authors refer to the changes in the international and European legal framework (changes in ferry safety regulations, changes in liability and insurance cover regulations) that followed the „Estonia“ maritime casualties, and which, since a more comprehensive analysis was not possible, focussed exclusively on the damage suffered by passengers. At the same time, the national legal framework of liability and insurance coverage (according to the decisions of the Croatian Maritime Code, national Collective Agreement, Maritime Labour Convention, and P&I Club Rules) is considered in relation to damage caused by the death or physical injury of…
subject: Articles
  topic: section
creator: Željka Primorac
creator: Marija Pijaca
creator: Božena Bulum
rights: Copyright (c) 2025 Željka Primorac, Marija Pijaca, Božena Bulum https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 453
ending page: 478
doi: 10.25234/eclic/38126

TRANSPARENCY OF CIVIL PROCEEDINGS IN THE DIGITAL AGE
type: item
description: This paper examines the significance of the principle of publicity in civil proceedings, highlighting its role in promoting transparency, accessibility, and the openness of the judiciary. The principle of publicity enhances the efficiency of the judicial system and fosters public trust in the courts by enabling citizens to monitor court operations, thereby ensuring societal oversight of judicial processes. Public access to court proceedings and judgments also has a positive impact on judges, contributing to their accountability and compliance with the rules of civil procedural law. Court hearings and judgments are public, except in cases involving the protection of privacy, national security, or other exceptional circumstances. In such instances, the court may decide to exclude the public to safeguard the interests of justice. The digitalisation of court proceedings represents a crucial step toward the modernisation of European judiciary systems, significantly enhancing the transparency of the judicial system and enabling faster and easier access to court information, thereby promoting a more efficient realisation of the principle of publicity. Through digital tools, courts can reduce administrative obstacles and expedite case processing, contributing to more efficient proceedings and reducing the workload of judges and other judicial personnel. Additionally, digitalisation provides citizens with easier and more direct access to court processes, further strengthening their trust in the judicial system. However, due to the digitalisation of judicial proceedings, modern challenges arise, where such digital tools sometimes allow access to a larger number of individuals, despite confidentiality markings on documents. This presents a challenge in terms of data protection and information security in civil proceedings. Therefore, it is important to ensure that the use of digital technology does not undermine the procedural guarantees of other, diametrically opposed rights.…
subject: Articles
  topic: section
creator: Katarina Knol Radoja
creator: Dinka Šago
rights: Copyright (c) 2025 Katarina Knol Radoja, Dinka Šago https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 429
ending page: 452
doi: 10.25234/eclic/38125

CLIMATE CHANGE AND HUMAN RIGHTS
type: item
description: Climate change in recent decades has increasingly affected various aspects of human life. Rising sea levels, extreme weather conditions such as heat waves and heavy rains, resulting in drought, forest fires and floods, lead to complex socioeconomic consequences and threats to fundamental human rights. Sea level rise due to climate change directly affects coastal and island states and indirectly almost all states in the world. Climate change affects human health, the availability of resources (especially drinking water and food) and, consequently, migration. These changes particularly affect poor and vulnerable groups due to their reduced ability to adapt to new circumstances. Climate change threatens the right to life, the right to adequate food and water, the right to the highest attainable standard of physical and mental health, the right to adequate housing, the right to cultural identity, etc. The problems and challenges caused by climate change have led to the adoption of international treaties that regulate this matter, such as the 1992 UN Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement. Due to the significant impact of climate change on the respect for human rights, but also due to the lack of effective international legal mechanisms of international treaties relating to climate change, individual complaints are increasingly being filed before international human rights treaty bodies. This includes UN human rights treaty bodies such as the Committee on Human Rights, as well as regional bodies such as the European Court of Human Rights and the Inter-American Court of Human Rights. The paper provides an overview of the relevant international legal framework and (quasi)judicial practice in the area of climate change impact on human rights. The authors place a special emphasis on the advisory proceedings before various international courts and relevant case law of the human rights treaty bodies.
subject: Articles
  topic: section
creator: Mira Lulić
creator: Davor Muhvić
creator: Ivana Rešetar Čulo
rights: Copyright (c) 2025 Mira Lulić, Davor Muhvić, Ivana Rešetar Čulo https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 391
ending page: 426
doi: 10.25234/eclic/38108

EXECUTION OF THE EUROPEAN COURT OF HUMAN RIGHTS JUDGMENTS RELATED TO RIGHTS OF PERSONS WITH DISABILITIES
type: item
description: The European Court of Human Rights plays an important role in safeguarding the rights of persons with disabilities in Europe through a dynamic interpretation of the European Convention on Human Rights in the light of the provisions of the United Nations Convention on the Rights of Persons with Disabilities and its fundamental principles. The objective of the paper is to examine the impact of ECtHR judgments on national legal frameworks regarding rights of persons with disabilities and the ways to improve the ECtHR judgments execution in national contexts. Key findings of the research indicate that despite positive developments, a number of challenges in the execution of ECtHR judgments remain, including varying levels of compliance among Contracting Parties of the ECHR, delays in the implementation process and limitations in addressing systemic discrimination of persons with disabilities, especially persons with mental and intellectual disabilities. In order to improve the effectiveness of the execution of the judgments of the ECtHR, the authors call for creating join forces between the ECtHR and other international actors in charge of monitoring the implementation of disability rights, national authorities, civil society organisations and persons with disabilities to establish synergic action and enable sustainable improvement in the quality of life of persons with disabilities throughout the European continent.
subject: Articles
  topic: section
creator: Aleksandra Rabrenović
creator: Ljubomir Tintor
rights: Copyright (c) 2025 Aleksandra Rabrenović, Ljubomir Tintor https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 373
ending page: 390
doi: 10.25234/eclic/38107

SELF-EFFICACY AND EMOTIONAL REGULATION AS PREDICTORS OF DEPRESSIVE SYMPTOMS AMONG SOCIAL WORKERS
type: item
description: Occupational health and safety have been a priority for the European Union (EU) since the 1980s. Over the past decades, the EU has developed a series of strategic documents underscoring the importance of mental health. Several of these specifically address mental health in the workplace, including Directive 89/391/EEC, which serves as a foundational legislative framework. More recently, the European Commission issued a Communication on a Comprehensive Approach to Mental Health, further highlighting workplace mental health as a policy priority. These initiatives demonstrate a sustained and growing commitment by the EU to improving mental health outcomes within occupational settings. Against this backdrop, the present study aimed to examine the contribution of self-efficacy and emotion regulation to levels of depressive symptoms among social workers employed in Croatian social welfare institutions. Additionally, the research explored potential differences in depressive symptoms, self-efficacy, and emotion regulation based on the length of service within the social care system. The study included 256 participants employed across regional offices of the Croatian Institute of Social Work. The findings indicate that social workers with longer tenure in the social care system reported more depressive symptoms. Moreover, self-efficacy and emotional suppression emerged as significant predictors of depressive symptoms in this population. Considering current EU policy directions, these results underscore the need for policymakers and organizational leaders to implement comprehensive mental health strategies that align with EU standards. Future initiatives at the EU level should more explicitly address sector-specific psychological risk factors and develop tailored interventions for professions characterized by high emotional labor. Such targeted approaches are essential to enhancing the effectiveness of workplace mental health policies.
subject: Articles
  topic: section
creator: Nikol Bogdan
creator: Daniela Šincek
creator: Dinka Caha
rights: Copyright (c) 2025 Nikol Bogdan, Daniela Šincek, Dinka Caha https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 348
ending page: 372
doi: 10.25234/eclic/38106

PARENTHOOD WITHOUT BORDERS - JUDICIAL COOPERATION FOR CROSS-BORDER FAMILY SECURITY IN THE EU
type: item
description: Cross-border mobility and diverse family forms are increasingly common in the European Union, yet legal recognition of parenthood remains fragmented along national lines. This paper examines how the lack of mutual recognition of parent-child relationships across EU Member States – especially for children born via surrogacy, assisted reproduction, or adoption in “rainbow families” – undermines children’s rights and legal certainty. We critically analyze the current legal framework, including the Brussels IIb Regulation’s limitations and key jurisprudence from the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR) (V.M.A., Coman, Mennesson, Labassee, etc.). The analysis reveals that while incremental judicial solutions have advanced free-movement rights, significant gaps persist in protecting the continuity of parent-child bonds across borders. Building on evidence from the European Commission’s 2022 ICF Study and recent policy debates, we explore options for ensuring mutual recognition of parenthood, notably the proposed EU Regulation introducing common private international law rules and a European Certificate of Parenthood. Adopting a child-centric, advocacy-oriented perspective, the paper argues that an EU-level solution is imperative to safeguard the best interests of the child. Practical and normative recommendations are offered to achieve an EU system in which “parent in one Member State, parent in all Member States” becomes a reality, placing children’s rights at the core of cross-border family law cooperation.
subject: Articles
  topic: section
creator: Lilla Garayova
rights: Copyright (c) 2025 Lilla Garayova https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 326
ending page: 347
doi: 10.25234/eclic/38105

ROLE OF THE PARENTS IN THE EXERCISE OF THE CHILD’S RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
type: item
description: The right of the child to freedom of thought, conscience and religion is one of the four participation rights of the child, protected under Article 14, paragraph 1 of the UNCRC. As such, it enables the child to be an active member of society. However, due to child’s vulnerability, immaturity and dependency on adults, the role of parents in exercising this (and other) right(s) is of a great importance. As the child’s legal representatives, parents are entitled to provide direction and guidance in the exercise of this child’s right (Article 14, paragraph 2 of the UNCRC). Nevertheless, according to Family law theory, such direction and guidance must be subject to certain limitations. Additionally, parents are entitled to decide about child’s religious upbringing, which can result in conflict between their right to determine child’s religion and child’s rights, such as right to education, right to life, survival and development, and rights to physical integrity, self-determination and health. Conflicts are also likely to arise in case of divorce of parents in regarding the determination of child’s religious upbringing. While discussing the right to determine child’s religion, the role and rights of adoptive parents shall not be overlooked. Finally, the limitations of the right of the child to manifest religion are also examined.
subject: Articles
  topic: section
creator: Ivan Šimović
creator: Josipa Kokić
rights: Copyright (c) 2025 Ivan Šimović, Josipa Kokić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 300
ending page: 325
doi: 10.25234/eclic/38104

BEST INTERESTS OF UNACCOMPANIED CHILDREN IN RETURN PROCEEDINGS
type: item
description: Ever since the adoption of the UN Convention on the Rights of the Child in 1989, the best interests of the child principle has become main tool for the protection of children in all proceedings. The centrality of this principle has been particularly emphasised in asylum and migration proceedings, however, after the CJEU judgment in 2021 it remains more of a wishfull thinking than the actual practice. In the meantime, parts of the 2018 Proposal for a recast of the Return Directive have been incorporated in other EU Acts (mainly Regulations, proposed by the Pact on Asylum and Migration). In the same vein, in March 2025 Proposal for the Directive has been replaced with the Proposal for a Return Regulation, establishing a Common European System for Returns. Many novelties are introduced, not all of them are welcomed. The new transfer procedure, despite more or less explicit statement on the protection of human rights, threatens to reduce procedural as well as human rights compared to the Return Directive. Combined asylum and return procedure, as already confirmed by the CJEU case law, manifests serious deficiences. Even the European Parliament recognised the risks, like „the risk of refoulment which is not systematically assessed by the authorities on their own initiative when contemplating the issuing of a return decision“, limitation of the rights of defence, broad detention grounds, etc. Also, the short deadline for the completion of the return border procedure is a risk in itself. Thus, the aim of this article is to explore the content and scope of protection of the best interests of the child in the new return procedure, as well as to articulate arguments either in favour or against the new regime.
subject: Articles
  topic: section
creator: Ines Medić
rights: Copyright (c) 2025 Ines Medić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 275
ending page: 299
doi: 10.25234/eclic/38103

SAFEGUARDING INTERESTS AND HUMAN RIGHTS OF UNACCOMPANIED MINORS SEEKING ASYLUM IN POLAND THROUGH CIVIL PROCEEDINGS
type: item
description: This paper addresses the role of civil proceedings in safeguarding interests and human rights of unaccompanied minors seeking asylum in Poland. The first part of the paper describes which human rights, including procedural rights, need to be taken into consideration during aforementioned civil proceedings in order to secure the protection of the children in question, considering their special status, both as children and asylum seekers. In the second part of the research the provisions regulating procedures for appointing a guardian (called a curator) and for placing a minor in foster care as well as their application have been discussed. This provides an answer to questions whether it is possible to respect these rights within the current legal framework and if they are respected at present. To answer these questions selected provisions of the UN Convention of the Rights of the Child, the European Convention on the Exercise of Children’s Rights, the Charter of Fundamental Rights of the European Union, two directives of the European Parliament and of the Council (the directive 2013/33/EU of 26 June 2013, which is still in force, and the directive 2024/1346 of 14 May 2024, which needs to be transposed by 12 June 2026 and will replace the directive 2013/33/EU) laying down standards for the reception of applicants for international protection and the Polish Code of Civil Procedure have been analyzed using legal-dogmatic and hermeneutical methods. The research shows that the best interests and rights of unaccompanied children seeking asylum in Poland can be effectively safeguarded in civil proceedings involving them and that Polish guardianship courts have sufficient legal means to provide protection to an unaccompanied minor by ruling in matters of custody or guardianship. On the other hand, in the area of praxis there is significant room for improvement.
subject: Articles
  topic: section
creator: Magdalena Skibińska
rights: Copyright (c) 2025 Magdalena Skibińska https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 253
ending page: 274
doi: 10.25234/eclic/38102

THE IMPACT OF EU NATURE RESTORATION LAW ON PRIVATE PROPERTY RIGHTS – BETWEEN THE ENVIRONMENTAL PROTECTION AND THE (IN)COMPATIBILITY WITH THE ROMAN LEGALTRADITION
type: item
description: Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (EU Nature Restoration Law) is the first continent - wide comprehensive law aimed at restoring ecosystems, habitats, and species in the EU. Entering into force on 18 August 2024, the Regulation obliges all Member States to adopt effective restoration measures without delay, with the objective of covering at least 20% of the EU’s land and sea areas by 2030, and ensuring that all ecosystems in need of restoration are addressed by 2050. Given that over 80% of Europe’s natural habitats are currently in poor condition, the EU Nature Restoration Law introduces legally binding targets that aim to reverse biodiversity loss and improve the ecological integrity of the Union’s territory. In order to reach the goals, it is unavoidable that the restoration measures will affect property rights and create a need to supplement existing legal remedies for subjects whose rights will be affected by the restoration measures. As the regulation of property rights—particularly ownership— falls within the exclusive competence of each Member State, the legal and constitutional traditions regarding property vary significantly across the Union. In Croatia, building up on Roman legal tradition, ownership represents a most comprehensive right over an object. As the Nature Restoration Law intervenes in how property may be used, questions arise as to whether the required measures are compatible with the traditional understanding of ownership. This paper examines the implications of the EU Nature Restoration Law on private property rights, using Croatia as an example. It begins by outlining the definition and core attributes of dominium in Roman law and its reception in Croatian legal doctrine. The analysis then turns to the key provisions of the EU Nature Restoration Law, highlighting the absence of explicit mechanisms for reconciling ecological objec…
subject: Articles
  topic: section
creator: Nikol Žiha
creator: Marko Sukačić
rights: Copyright (c) 2025 Nikol Žiha, Marko Sukačić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 224
ending page: 250
doi: 10.25234/eclic/38101

THE APPLICATION OF THE LEGAL PRINCIPLES AND METHODS OF INTERPRETATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN CLIMATE CHANGE-RELATED CASES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS
type: item
description: Climate change, a long-term shift in global, regional, and local weather patterns, is primarily driven by human activities, especially the burning of fossil fuels since the 1800s. This has led to a 1.2°C increase in Earth’s average surface temperature since the pre-industrial era, a level unprecedented in 100,000 years. The consequences are widespread, including intensified droughts, water shortages, severe fires, rising sea levels, flooding, melting ice, extreme storms, and biodiversity loss. These impacts threaten our health, food production, housing, safety, and livelihoods. While the right to a healthy environment is recognized and protected by the European Court of Human Rights(ECtHR) through its jurisprudence, it isn’t explicitly stated in the European Convention on Human Rights. However, the UN Human Rights Council and General Assembly have affirmed this right, recognizing a clean, healthy, and sustainable environment as a universal human right. Climate change, along with unsustainable resource management, pollution, and improper waste disposal, degrades the environment, hindering this right and negatively impacting all human rights. In 2024, the ECtHR made a landmark rulings, establishing that insufficient climate action constitutes a violation of human rights.The paper examines recent ECtHR decisions related to climate change and its impact on the right to a healthy environment (protected by Article 8 of the European Convention on Human Rights) The ECtHR has previously developed criteria for member states to adhere to, particularly regarding Article 8 of the Convention (right to respect for private and family life), in environmental pollution cases. The authors are particularly interested in examining how the Court has used established legal tools and approaches in climate change cases. This includes the principle of effectiveness, which has been key in defining the positive duties of Convention signatories, and the doctrine of the margin of appreciation. T…
subject: Articles
  topic: section
creator: Maja Proso
creator: Vedran Zlatić
rights: Copyright (c) 2025 Maja Proso, Vedran Zlatić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 201
ending page: 223
doi: 10.25234/eclic/38100

STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION – MEASURES OF PROTECTION AGAINST MANIFESTLY UNGROUNDED CLAIMS OR ABUSIVE LITIGATION. A POLISH PERSPECTIVE
type: item
description: Lawyers have been observing a growing number of SLAPPs (Strategic Lawsuits Against Public Participation) – lawsuits designed to trigger a freezing effect and intimidate individuals speaking out on socially essential topics – filed in Poland and multiple European countries. Individual states have been coming up against this negatively perceived phenomenon of corporations (businesses) with a strong market position bringing personal interest lawsuits against journalists, reporters, bloggers and/or activists. Cross-border cases are a particular challenge for defendant entities. Judicial proceedings are prolonged and costs aggregated, not to mention the forum shopping (beneficial jurisdiction choosing) practice. In all actuality, civil lawsuits (and, occasionally, indictments) are intended to prevent inconvenient witness accounts regarding assorted irregularities (including corruption) from reaching the public opinion. Attempts at resolving the issue have been made under Directive (EU) 2024/1069 of the European Parliament and of the Council of April 11th 2024. The law obliges Member States to provide defendants with a catalogue of safeguards: security, motions to dismiss manifestly unfounded claims, reimbursement of the costs of proceedings (charged to the plaintiff), and sanctions against plaintiffs initiating SLAPPs. While the Directive specifies minimum requirements, a standard higher than that guaranteed by the Directive can be applied. Poland is a European Union member state with a disquietingly high SLAPP count. It has been noted that SLAPPs are filed by business entities – a typically West European phenomenon – as well as by state administration authorities, with the use of the prosecution service and/or police force. Both civil and criminal law institutions are reached for. While the deadline for the implementation of the Directive remains distant (May 7th 2026), rigorous efforts have been made already to address the problem. The purpose of the paper is to discus…
subject: Articles
  topic: section
creator: Tadeusz Zembrzuski
rights: Copyright (c) 2025 Tadeusz Zembrzuski https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 186
ending page: 200
doi: 10.25234/eclic/38099

CIVIL LAW ASPECTS OF THE CONFLICT OF PRIVATE AND PUBLIC INTERESTS AND REALIZATION OF GUARANTEE OF THE RIGHT OF OWNERSHIP IN THE BOUNDARY REGULATION PROCEDURE
type: item
description: The right of ownership has become the paradigm of modern life. On the one hand categorically guaranteed by the Universal Declaration of Human Rights, The Convention for the Protection of Human Rights and Fundamental Freedoms, and even the Constitution of the Republic of Croatia as one of the highest values that the state can offer an individual, the right of ownership is at the same time subject to public restrictions. In that sense, the question arises as to whether any interference with the right of ownership under the pretext of public interest is really justified. This paper will focus on the issue of the realization of guarantee of the right of ownership, especially by analysing the boundary regulation procedure based on the Act on the State Survey and Cadastre of Real Estates. The main emphasis in on the realization on private, proprietary interests versus the public interest. Through the presentation of court practice and the procedures of administrative bodies, the authors will analyse the protection reach of the institute of the right of ownership and provide guidelines for the regulation of certain open questions de lege ferenda.
subject: Articles
  topic: section
creator: Davorin Pichler
creator: Marija Pavošević
rights: Copyright (c) 2025 Davorin Pichler, Marija Pavošević https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 166
ending page: 185
doi: 10.25234/eclic/38098

JUDICIAL LAW-MAKING AND THE UNIFORM APPLICATION OF LAW AFTER ECJ’S JUDGMENT IN THE HANN INVEST CASE – A MISSION FOR CROATIA AND THE LESSON FOR OTHER MEMBER STATES
type: item
description: The Member States of the European Union employ various mechanisms to ensure the uniform application of law. While appeals and supreme court precedents are regarded as the common methods for resolving case law conflicts, other procedures like preliminary rulings and pilot judgments also play a role. In Croatia, the adoption of binding legal positions at higher courts’ and the Supreme Court’s sectional meetings has historically been a significant tool for maintaining jurisprudential consistency. The European Court of Justice (ECJ) in the Hann Invest case challenged this system. The ECJ’s Grand Chamber ruled that internal judicial procedures requiring a registration judge’s approval violate the right to effective judicial protection and undermine judicial independence, the core principle of the rule of law. This ruling presents a significant challenge for Croatia, which has long struggled with conflicting court decisions and inconsistent application of the law. This paper explores the implications of the Hann Invest case for Croatia, and possibly for some other states, particularly those with legacies of socialist and communist pasts. It questions whether binding legal positions should in any event be prohibited under European law and examines the underlying issues contributing to the problem of ensuring consistency in case law. Ultimately, this analysis seeks to understand how these challenges can be resolved to facilitate further integration of Croatia’s legal system within the EU framework.
subject: Articles
  topic: section
creator: Zvonimir Jelinić
rights: Copyright (c) 2025 Zvonimir Jelinić https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 147
ending page: 165
doi: 10.25234/eclic/38097

FREEDOM OF EXPRESSION ON THE INTERNET VS. DIGITAL SERVICES ACT
type: item
description: With the development of information technologies and the digitalization of every area of our lives, we are increasingly encountering violations of individuals’ digital rights, which can be classified among fundamental human rights and freedoms. Digital rights are not sufficiently protected on the internet. The use of information technologies also reveals vulnerable areas of our digital space. These vulnerable areas mainly include the field of e-commerce, online shopping, and active or passive participation on social networks, where massive data collection from individuals operating in the online space occurs. This raises questions regarding the adherence to ethical principles in the online environment. However, the issue is not limited to the protection of individuals’ personal data and their privacy, but also extends to the overall activities of various entities operating online. It is evident that internet platforms are gaining in power and need to be legally regulated. At the level of the European Union, a regulation—the Digital Services Act (hereinafter referred to as DSA)—has therefore been adopted with the aim of both regulating online platforms and protecting users themselves. The aim of this article is to analyze digital rights and their observance on the internet. It is necessary to ask whether these digital rights are adequately protected by current legislation. In this context, the author will focus on the controversial issue of the relationship between freedom of expression and the principles established in the DSA. For this purpose, specific provisions of the DSA will be analyzed, in particular Articles 34 and 35, which introduce the obligation to identify and mitigate systemic risks by very large online platforms (VLOPs) and very large online search engines (VLOSEs). To achieve the stated goals, standard scientific research methods will be used—primarily those typical of the social sciences, even though the topic overlaps with the field of technology. …
subject: Articles
  topic: section
creator: Diana Treščáková
rights: Copyright (c) 2025 Diana Treščáková https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 127
ending page: 144
doi: 10.25234/eclic/38095