Pravni Vjesnik is an international peer-reviewed Open Access journal published by the Faculty of Law in Osijek since 1985. The PV uses the Diamond Open Access model. This means that there are NO author processing fees and NO fees to access the published papers, and authors retain copyright. The Journal publication frequency is four issues a year (April, July, October and December).
Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
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 Pravni vjesnik 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 Pravni vjesnik.
EXCLUSION OF A MEMBER FROM A LIMITED LIABILITY COMPANY ON THE BASIS OF A PROVISION OF THE ARTICLES OF ASSOCIATION
Croatian positive law allows the members of a limited liability company to stipulate in the company’s articles of association that the company may exclude a member from membership, and to determine the conditions, procedure, and consequences of such exclusion. This paper aims to examine the legal institution systematically, to distinguish the concept of “conditions” from that of an “important reason”, and to assess the scope of private autonomy within the framework of exclusion. The objectives of the paper are: to conduct a dogmatic analysis of the relevant provisions of the Companies Act (ZTD) and of their interrelationship; to present procedural and substantive constraints (competence, the form of the decision, the conditions, the procedure, and the consequences of exclusion); to critically address the relationship between the conditions for exclusion and the substantive ground or good cause for exclusion; to consider the manner of registering the exclusion of a member in the court register; and to examine the prevalence and content of exclusion clauses in a sample of 270 articles of association of companies having their registered seat in the Republic of Croatia. This is done with a view to formulating de lege ferenda recommendations (including improvements to the template for remote incorporation). The methodology comprises dogmatic, systematic, and teleological interpretations, a comparative analysis of doctrine, and empirical quantitative and qualitative studies of articles of association. On the basis of these findings, normative and practical guidelines are proposed for the more precise drafting of exclusion clauses in articles of association, while preserving legal certainty and the corporate objectives.
Copyright (c) 2026 Jelena Mršo http://creativecommons.org/licenses/by-nc/4.0
THE ROLE OF THE OMBUDSMAN IN THE PROTECTION OF HUMAN RIGHTS
The Ombudsman is an institution of non-judicial, external and parliamentary control of public administration, which was founded in 1809 in Sweden. For more than a century, it remained an institution specific to that country, before spreading to more than 100 countries during the twentieth and twenty-first centuries. The paper is divided into three sections: the first sets out general considerations concerning the ombudsman, the second section examines the increasingly prominent role of the ombudsman in the protection of citizens’ human rights, whereby the ombudsman functions as a national human rights protector, and, finally, the third section is devoted to the Protector of citizens of the Republic of Serbia, as the central national institution for the protection of human rights. Initially, the ombudsman was conceived as a specific form of control of public administration, and much less as a human rights protection mechanism. Legal control is not the only control undertaken by the ombudsman, which means that he does not only control legality, but also focuses on control of expediency, efficiency and even fairness. In addition to the traditional ombudsman model (as it was conceived in Sweden and Denmark), a hybrid model has also developed. This model has, for example, been adopted in Serbia, where it acts both as a controller of public administration and as a protector of human rights. A further model, that of a human rights protector, has been adopted in the other former Yugoslav republics. With the adoption of the new 2006 Constitution, Serbia established the Protector of Citizens as a constitutional institution. This body functions as a national institution for the protection of human rights and as a national preventive mechanism for the prevention of torture, in which capacity it cooperates with relevant international institutions. The main hypothesis advanced in the paper is that certain provisions of the 2021 Law on the Ombudsman represent, in fact, a step backwards compared with the 2005 Law.
Copyright (c) 2026 Milan Rapajić, Dejan Logarušić http://creativecommons.org/licenses/by-nc/4.0
REAL ESTATE TAX – COMPARATIVE LEGAL AND NATIONAL ASPECTS
The paper analyses the theoretical starting points of property taxation, the legal nature of real estate tax, and its relationship with the constitutional protection of property rights and the legal institutions of property law. Particular attention is paid to the arguments for and against the taxation of property, specifically real estate, as well as to the impact of such taxation on the implementation of the principles of equality and tax fairness. It should be emphasised that it is virtually impossible to identify any element of real estate tax that is common to all Member States of the European Union. The aim of this paper is to provide a comparative legal overview of real estate taxation in selected Member States of the European Union, with particular emphasis on determining the tax base, the taxpayer, and real estate valuation models. Furthermore, the paper analyses the existing real estate tax, which has been in force in the Republic of Croatia since 1 January 2025, and presents legal and tax-technical arguments as to why the introduction of real estate taxation based on market value would not be justified within the tax law system of the Republic of Croatia.
Copyright (c) 2026 Zoran Šinković, Blanka Mateša, Luka Pribisalić http://creativecommons.org/licenses/by-nc/4.0
JUDICIAL SELF-GOVERNANCE REFORM IN BOSNIA AND HERZEGOVINA
The independence of the judiciary is one of the key preconditions of the rule of law. To function as a fundamental component of the system of horizontal accountability and, consequently, a critical factor in strengthening the rule of law, the judiciary must remain independent from other branches of government and any external influence. However, strengthening the culture of judicial independence must be accompanied by constant efforts to develop mechanisms and culture of judicial accountability and integrity, particularly in post-authoritarian societies. Judicial self-governance, broadly defined as the existence and functioning of institutions that include at least one judge and exercise authority over court administration and/or judicial career management, has been widely promoted as a panacea for challenges confronting court administration. In recent decades, judicial councils have emerged as the most prominent institutional expression of judicial self-governance, although some scholars extend this concept to encompass other governance actors. While councils, composed predominantly of members of the judiciary, are intended to insulate appointments, promotions, and disciplinary proceedings from partisan political influence, contemporary scholarship increasingly cautions that their establishment may generate new channels of politicisation and raise complex concerns regarding accountability. The paper examines the legal framework of judicial self-governance in Bosnia and Herzegovina, with particular emphasis on the 2023 amendments to the Law on the High Judicial and Prosecutorial Council (HJPC BiH) and the proposed new Law on the HJPC BiH currently pending before the Parliamentary Assembly of BiH. The analysis focuses specifically on the provisions governing the disciplinary responsibility of judges and HJPC BiH members, as well as the procedures for dismissal of Council members. In line with a broader interpretation of the concept of judicial self-governance, this study also considers the role and authority of court presidents. By situating the discussion within the broader context of the Polish experience with judicial self-governance reforms, the paper offers additional insights into the risks of politicization and institutional capture that may arise even within frameworks formally designed to protect judicial independence.
Copyright (c) 2026 Igor Milinković, Katarzyna Miaskowska-Daszkiewicz http://creativecommons.org/licenses/by-nc/4.0
CONCEPTUAL DEFINITION OF WORKING TIME AND REST PERIODS UNDER DIRECTIVE 2003/88 AND THE CASE LAW OF THE COURT OF JUSTICE
The paper focuses on the qualification of working time as one of the crucial elements in the protection of workers’ safety and health. In particular, it examines situations in which workers are required to remain at their workplace, including during periods of inactivity. This is common in occupations such as doctors, police officers, firefighters, and members of other public services, who may be required to be available for duty without being actively engaged in the performance of their tasks. Such situations often pose challenges in determining whether they constitute working time or rest periods, as periods of inactivity are combined with the requirement of physical presence at the workplace. The paper undertakes a comparative assessment of the case law of Croatian courts and that of the Court of Justice of the European Union (CJEU) concerning the interpretation of “working time” and “rest periods”. It concludes that the approaches adopted by Croatian courts and the CJEU differ significantly. Consequently, this divergence in interpretation results in different levels of protection of workers’ safety and health under the respective bodies of case-law.
Copyright (c) 2026 Kristian Turkalj http://creativecommons.org/licenses/by-nc/4.0
SOME CONSIDERATIONS ON THE RESPONSIBILITY TO PROTECT
Marking the twentieth anniversary of the adoption of the R2P (Responsibility to Protect) principle under the framework of the UN World Summit is an opportunity to reflect on the significance of the principle as a strong political commitment of States to protect their populations from mass atrocities, but also on its legal implications, which are still not entirely clear. On the one hand, it is acknowledged that some elements of the principle do not introduce any new legal obligations on States, other than those already established in pre-existing legal instruments, such as the fundamental treaties of international humanitarian and human rights law, the UN Charter and other legal documents on the responsibility of States, particularly in relation to the breaches of jus cogens and erga omnes obligations. On the other hand, there are still ambiguities pertaining to specific issues of the responsibility of the international community to intervene in another State in case of a manifest failure of national authorities in discharging their responsibility for the protection of civilians facing large-scale atrocities. Since the R2P principle has not gained universal support in State practice twenty years after its formal introduction, it is crucial to discuss its relationship with the existing international legal framework binding on States, as well as its unspecified legal nature.
Copyright (c) 2026 Rutvica Rusan Novokmet http://creativecommons.org/licenses/by-nc/4.0
VIDEO CONFERENCING AS A MEANS OF TAKING EVIDENCE IN CIVIL PROCEEDINGS
The digital transformation of the judiciary is aimed at improving efficiency, legal certainty, and citizens’ access to legal protection. The use of videoconferencing technology in evidence-taking procedures is increasingly proving to be a valuable instrument, enabling enhanced cooperation between courts, reducing costs, and accelerating judicial proceedings. Videoconferencing is no longer merely a technical aid; it is now regarded as a standardised instrument capable of contributing to the more effective functioning of the judicial system. Such use is, however, associated with significant procedural and technical challenges. Differences in technological capacity, the need for interoperability between systems, and the safeguarding of personal data require careful normative regulation and institutional coordination. Of particular importance is the question of whether the principle of immediacy can be fully realised in a virtual environment, given that videoconferencing does not allow for the same perception of non-verbal cues, spontaneity of communication, and psychological dynamics as physical presence in the courtroom. In the context of the application of technology in judicial proceedings, artificial intelligence is also gaining increasing importance. It may contribute to analytical efficiency and improved case management; however, its use must remain subject to strict human oversight in order to preserve the individualisation of proceedings and the protection of fundamental procedural rights. This paper examines the legal framework governing the taking of evidence by means of videoconferencing, in particular through the hearing of parties, witnesses, and other persons whose testimony is relevant to the conduct of civil proceedings, within the European Union and the Republic of Croatia. The aim of this research is to identify the practical and legal challenges posed by this form of evidence-taking and to propose possible improvements to ensure the consistent, efficient, and legally secure application of videoconferencing within the European judicial area.
Copyright (c) 2026 Katarina Knol Radoja http://creativecommons.org/licenses/by-nc/4.0
THE EVOLUTION OF THE LEGAL INSTITUTE OF CONVALIDATION OF NULL AND VOID CONTRACTS IN THE YUGOSLAV LEGAL TRADITION
Contract law is fundamentally shaped by the tension between fairness and enforceability, a balance that defective contracts often disrupt. While formal requirements are introduced above else to safeguard public policy goals—such as ensuring legal certainty—subsequent validation of defective contracts (convalidation) serves to rectify them, primarily focusing on the private interests of the parties involved. This paper examines the role of convalidation in Yugoslav contract law, a common legal tradition shared by West-Balkan countries that formerly belonged to the SFRY, tracing its development in the context of legal pluralism and the political transformations of the era. It further explores the contemporary implementation of convalidation across the successor states: Croatia, Slovenia, Serbia, Bosnia and Herzegovina, Montenegro, and North Macedonia. Through the lens of the 1978 federal Obligations Act, the paper investigates the historical evolution of contract law in these states, questioning whether local legal traditions, influenced by regional legal particularities, have shaped the application of convalidation in divergent or uniform ways. The study clarifies the concept of 'convalidation,' which, while not always explicitly mentioned in legal texts, has been a part of the legal framework, primarily applied to voidable contracts and, less commonly, to irremediable, null and void contracts. It facilitates their transformation into valid contracts, allowing them to produce legal effects previously unavailable to them, if specific conditions are met. By exploring the flexibility of convalidation and its aim to vindicate both on both private and public interests, the paper sheds light on how it contributes to fairness and legal certainty in the legal systems of post-Yugoslav states. The research is structured around three historical periods, reflecting key socio-political shifts in the region, to trace the evolution of convalidation in the common Yugoslav legal tradition.
Copyright (c) 2026 Attila Dudás, Emma Király-Szitás http://creativecommons.org/licenses/by-nc/4.0
COASTAL GOVERNANCE IN THE CLIMATE CRISIS ERA
This research aims to conduct a comprehensive assessment of the extent international law and provide opportunities for coastal communities to engage in the development of ocean-related policies and regulations. Governance of oceans has been subjected to the process of reorganization in response to pertinent external factors. The concept of the blue economy with the related notions of growth, Sustainable Development Goals (SDGs), and climate change represents an intricate network of political decisions, investments driven by states and private companies, as well as scientific and technological innovation. The recognition and respect of community rights to manage natural resources lead to the delivery of benefits for biodiversity, carbon storage, and livelihoods. The paradigm shift in ocean governance is inextricably connected to the influence of SDG 16 in the United Nations 2030 Agenda for Sustainable Development, which has brought the concept of “no one left behind” to the fore. Furthermore, local knowledge, gained through the long experience of people in a place, can complement, correct, or provide alternative perspectives to the scientific or professional knowledge of policymakers. A normative method with an interdisciplinary approach is used and the data are collected through literature research, with the main search focusing on international instruments, such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the High Seas Treaty, and decisions of international forums on ocean governance. The results show that sustainability and social justice are of particular concern to contemporary coastal communities. These objectives necessitate the implementation of adaptive coastal governance to enhance the capabilities of communities and ensure the sustainability of natural resources. Moreover, international environmental law has established a framework facilitating community participation in governance of marine resources and the environment.
Copyright (c) 2026 Muhammad Insan Tarigan, Dahliana Hasan, Wahyu Yun Santoso http://creativecommons.org/licenses/by-nc/4.0
ANONYMOUS BIRTH – DO WE NEED LEGAL REGULATION?
This paper examines the complex and sensitive legal issue of anonymous birth through the lens of the conflict between the child’s right to know their biological origins and the mother’s right to anonymity and reproductive autonomy. This legally and ethically challenging area continues to provoke intense debate across the European legal landscape, where a unified normative response remains absent. This paper aims to provide a theoretically and legally grounded analysis of the rights conflict that arises in the context of anonymous birth, with a particular focus on the European and international frameworks for protecting the right to identity. The paper analyses various approaches taken by comparative legal systems to this issue, as well as the relevant case law of the European Court of Human Rights, both of which are essential for a systematic understanding of the topic. The paper highlights the necessity for flexible, context-sensitive legislative solutions that guarantee the proportional protection of both the child’s and the mother’s rights, in accordance with European standards for the protection of human rights. It also draws attention to the lack of scholarly and legislative engagement with this issue in the Croatian context and calls for the opening of an informed professional debate aimed at developing a balanced normative framework that serves the best interests of the child.
Copyright (c) 2025 Nataša Lucić http://creativecommons.org/licenses/by-nc/4.0
ANIMAL WELFARE AND CORRUPTION IN SERBIA – HOW THE STATE ENABLES SYSTEMATIC ANIMAL ABUSE
This study investigates how systemic corruption within Serbia’s publicly funded animal-welfare apparatus perpetuates large-scale cruelty toward dogs and cats. Its primary aim is twofold: (1) to trace the legal and administrative gaps that allow municipal authorities to outsource statutory animal-control duties to profit-driven private contractors, and (2) to show how this outsourcing – coupled with weak enforcement and opaque public spending – transforms shelters into sites of abuse, illicit killing and financial misuse. To achieve these aims, the research employs a qualitative, document-based methodology. It triangulates the analysis of legal provisions, publicly available documents, responses to FOI requests, reports from the State Audit Institution and the Ombudsman, and investigative journalism. Selected case studies of both public and private shelters are cross-referenced with media evidence to map recurring patterns of legal evasion, inflated contracting, and systemic animal abuse. Although field interviews were not conducted, the breadth of institutional sources enables a reconstruction of governance failures and corruption pathways. The objective is to demonstrate that the suffering of abandoned animals is not an accidental by-product of social neglect but a structurally reproduced outcome of legal inertia, administrative indifference and profit-seeking behaviour. By quantifying public expenditures – over €50 million for zoohygiene services and a further €43 million in dog-bite compensation during 2017–2020. – the paper exposes stark inefficiencies and perverse incentives that thwart humane, cost-effective solutions such as municipal catch-neuter-return programmes and regulated breeding. The findings seek to initiate policy reform, strengthen prosecutorial oversight and re-centre animal welfare within Serbia’s rule-of-law agenda.
Copyright (c) 2026 Vanja Bajović, Natalija Živković http://creativecommons.org/licenses/by-nc/4.0
VAGUENESS AS A TOOL FOR (NON-)ADJUDICATING
This article examines how the Bulgarian legal system systematically refuses to acknowledge linguistic vagueness and broader legal indeterminacy, despite their unavoidable presence. Unlike most theoretical literature that treats vagueness in the abstract, the study analyses concrete legislative provisions and judicial practices in Bulgaria in order to show that the absence of a principled framework is not accidental but serves specific socio-political functions: it masks judicial discretion, preserves institutional authority, and prevents public contestation of judicial power. The article argues that this “meta-vagueness” paradoxically increases arbitrariness and undermines legitimacy. It concludes that openly recognising the constitutive role of vagueness would enhance predictability, accountability, and public trust.
Copyright (c) 2026 Anastas Punev http://creativecommons.org/licenses/by-nc/4.0
THE DEVELOPMENT OF NORMATIVE RESPONSES TO FAMILY VIOLENCE, WITH PARTICULAR REFERENCE TO THE PRACTICE OF THE ROYAL COURT IN RIJEKA – WHAT HAS CHANGED?
Recently, a significant number of scientific papers have been written on measures to prevent and suppress family violence. Despite the interest of scholars, it should be noted that exceptionally few studies have been published on the early normative development of criminal law provisions prohibiting such behaviour, particularly those examining historical judicial practice. To fill this gap and encourage discussion, this paper analyses the emergence of normative solutions recorded in the earliest written legal sources up to the beginning of the 20th century, showing the development of societal responses – from the acceptance of violence as a means of disciplining family members to the introduction of separate criminal offences carrying severe penalties. In a separate section, the results of an analysis of the court records of the Royal Court in Rijeka, which were created between 1871 and 1914 due to murders of family members in the city of Rijeka, are presented. Since ultimately only three files were relevant to the research topic, a case study was conducted, and these files were analysed in depth. The analysis results show that the dynamics of the most severe forms of family violence, more than a century ago, as well as today, were characterised by jealousy and the culmination of violence when the victim decided to leave the perpetrator. These observations highlight the importance of developing prevention mechanisms that can change the long-established cultural patterns of behaviour that underlie violent offences within the family.
Copyright (c) 2025 Dalida Rittossa, Marissabell Škorić http://creativecommons.org/licenses/by-nc/4.0
DIRECTIVE (EU) 2024/1203 AS A GUIDELINE FOR CRIMINAL LIABILITY FOR ENVIRONMENTAL OFFENSES IN UKRAINE
This article examines the newly adopted Directive (EU) 2024/1203 and its role as a benchmark for reforming Ukraine’s criminal legislation on environmental offenses. The authors analyze key provisions of this document, which set minimum standards for the criminalization of environmental harm, aggravating circumstances, and sanctions. Special attention is paid to the Directive’s requirements for the inclusion of negligent acts, passive conduct, and unlawful actions involving hazardous substances or invasive species. It is argued that the current criminal legislation of Ukraine lacks several offenses required by the EU Directive, with additional gaps identified in the draft Criminal Code. Therefore, aligning national legislation with the Directive’s standards is essential. The analysis outlines key elements that must be addressed, including criminalization of negligent and passive conduct, illegality as a core offense element, and the need for clear qualitative and quantitative thresholds. It emphasizes the importance of establishing liability for incitement, aiding and abetting, and differentiating punishment based on offense severity. The study supports recognizing unlawful handling of hazardous waste as a criminal offense regardless of scale and using property damage as a key indicator of environmental harm. It also finds that current sanctions fall short of the EU Directive’s requirements and should be strengthened by combining imprisonment and fines to ensure fair and effective enforcement.
Copyright (c) 2025 Yevhen Pysmenskyy, Roman Movchan, Oleksandr Dudorov, Dmitriy Kamensky http://creativecommons.org/licenses/by-nc/4.0
This paper analyzes the modes of termination of spatial plans, as the most important documents in spatial planning. According to the Spatial Planning Act, spatial plans are considered bylaws. However, bylaws also include 'other regulations' whose constitutionality and legality are subject to review by the Constitutional Court of the Republic of Croatia, as well as general acts whose legality falls under the jurisdiction of the High Administrative Court of the Republic of Croatia. The paper analyzes situations in which a lawful spatial plan ceases to be valid, as well as judicial review of unlawful spatial plans. Accordingly, the structure of the paper begins with an explanation of the legal nature of spatial plans and then, using comparative legal, normative, and teleological methods, systematically presents how both lawful and unlawful spatial plans cease to be valid.
Copyright (c) 2025 Mateja Held http://creativecommons.org/licenses/by-nc/4.0
SPECIFICITIES OF THE SPECIAL ADMINISTRATIVE PROCEDURE WITHIN THE CROATIAN COMPETITION AGENCY AND ADMINISTRATIVE-JUDICIAL PROTECTION
The purpose of the paper is to analyse, through the application of the normative method, the basic procedural provisions and present the specific features of the special administrative procedure under the jurisdiction of the Croatian Competition Agency (hereinafter: the Agency) and to highlight certain misdemeanour-administrative elements. Furthermore, the Competition Act will be compared with previous legal versions, in terms of the legal position and powers of the Agency. It points out the specific features that stand out in terms of legal protection following the single-instance administrative procedure before the Agency. Further legal protection against the decision is achieved within the framework of an administrative dispute, initiated by filing a lawsuit directly with the High Administrative Court of the Republic of Croatia (hereinafter: the HAC). Therefore, the paper examines the justification of the form of administrative-judicial protection in a single-instance administrative dispute entrusted to the HAC, which constitutes an exception. The table presents and analyses the statistical data provided by the HAC in the period from 2013 to 2022, regarding disputes over the legality of the Agency’s decisions. Finally, considerations and conclusions are presented in relation to the prominent research subject.
High Administrative Court of the Republic of Croatia
Copyright (c) 2025 Ana Đanić Čeko, Ivan Malenica http://creativecommons.org/licenses/by-nc/4.0
FOSTER PARENTS' RIGHT AND NEED FOR A RESPITE FROM FOSTER CARE
Foster care is a form of alternative care for children providing a family-like environment for a child who has been separated from their primary family. Taking into account the complexity of foster care, there is growing advocacy for introducing a social service of respite from foster care. Since this social welfare service does not exist in Croatia, i.e., it is not legally regulated, the paper highlights the need for introducing this service from legal and social work perspectives. This paper aims to present the perceptions of foster carers who have experience in participating in the respite from foster care on how the respite affects the family’s daily routine, meeting the foster carers’ needs, and what the advantages and disadvantages of the service are. Furthermore, the research aims to explore the experiences of foster parents in cooperation with the support network for foster parents in the community, and the accessibility of such services. The research was conducted qualitatively, using the interview method with twenty foster parents in Osijek-Baranja County who have experienced participating in a weekend respite from foster care. Foster parents expressed a need for respite from foster care, and they use the respite to build relationships with extended family and relatives, to work on relationships between partners, to work on themselves and the time they need for personal needs, or to perform activities or tasks that they were unable to do before. The respite from foster care was a positive experience to foster parents, while the emphasis was on the need for more frequent appointments throughout the year in the implementation of the service and the regulation of the duration of the child’s stay outside the family. In addition, the results indicated the importance of the impact of the service on children in foster care from the perspective of foster parents, for whom the child’s well-being and their satisfaction come first. Furthermore, the support network and cooperation with institutions and the civil sector in providing and developing services for foster parents are often insufficient. In conclusion, the results clearly show that the development of services for foster parents is a necessity in meeting the needs of the child and the foster parents, but also that the service of respite from foster care can be a significant contribution to foster parents’ satisfaction with support.
Copyright (c) 2025 Gordana Horvat, Matko Guštin, Iva Pekčec http://creativecommons.org/licenses/by-nc/4.0
THE PORTABILITY OF FAMILY STATUS OF SYRIAN ARAB REPUBLIC CITIZENS UNDER TEMPORARY PROTECTION STATUS IN TURKEY
Since 2011, the civil war in Syria has led nearly 3 million Syrians to seek refuge in Türkiye, resulting in various legal challenges. One major issue involves polygamous and child marriages recognised under Syrian law but conflicting with Turkish public order. According to Article 130 of the Turkish Civil Code of 2001, individuals must prove any previous marriages have ended before remarrying. This raises questions about the recognition of polygamous marriages by Syrian men under temporary protection in Türkiye. Additionally, Article 124 of the Code prohibits marriage under the age of eighteen, creating legal uncertainty when minors, such as 15-year-old girls, are married in Syria and later seek recognition of that marriage in Türkiye. These practices, conflicting with Turkish public order and human rights principles, prompt complex legal evaluations. This paper examines how such marriages are treated under Turkish private international law and the implications from a human rights standpoint.
Copyright (c) 2025 Esra Tekin http://creativecommons.org/licenses/by-nc/4.0
THE RIGHT TO RESPECT FOR THE HOME IN THE CONTEXT OF ILLEGAL CONSTRUCTIONS IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA
In the article, the author analyses the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of the Republic of Croatia (Constitutional Court) in relation to the right to respect for the home under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 38 of the Constitution of the Republic of Croatia, focusing on specific issues that have arisen in the recent practice in connection with the demolition of illegally constructed buildings. In determining the existence of "home" and admissibility of restrictions on the right to the home, the ECtHR applies its own interpretative techniques, methods and principles, which it has mainly developed in its case-law. The Croatian Constitutional Court has also accepted this approach of the ECtHR with regard to this right. The ECtHR starts from the autonomous concept of the right to the home. In other words, the existence of a home does not depend on the classification under the domestic law of the contracting states. It is a factual and not a legal concept and depends on the existence of "sufficient and continuous links" with a specific place. In addition to the autonomous approach, the violation of the right to the home requires the application of the principle of proportionality, which also applies to cases brought by individuals living in premises intended for demolition, especially bearing in mind the public interest that exists on the other side. In the article, the author analyses cases in which state’s interferences with the right to respect for the home of persons living in the buildings scheduled for demolition have been examined by the application of the principle of proportionality. The article includes also points of criticism that the ECtHR has suffered due to the (sometimes inconsistent) application of its interpretative techniques and methods.
Copyright (c) 2025 Miroslav Šeparović http://creativecommons.org/licenses/by-nc/4.0
OCCUPATIONAL HEALTH AND SAFETY PROTECTION IN THE CONTEXT OF DIRECTIVE (EU) 2024/1760 ON CORPORATE SUSTAINABILITY DUE DILIGENCE
This paper examines how the major disaster at the Rana Plaza textile factory in Bangladesh brought inadequate occupational safety and health measures in global supply chains into the public spotlight. As a result of public pressure, awareness has grown regarding the necessity of sustainable business practices for companies, particularly in the context of ensuring occupational safety and health. It explains how voluntary compliance proved insufficient, leading to appropriate actions to establish sustainable business practices by mandating certain obligations for companies. Following the introduction of non-financial reporting requirements, which require company business reports to include information on specific social and human rights factors, including working conditions, health, and safety, Directive (EU) 2024/1760 on corporate sustainability due diligence was recently adopted. The paper examines how, according to the provisions of this Directive, companies are obliged to engage in responsible business conduct, especially in the context of protecting workers’ safety and health. This should contribute to globally ensuring health and enhancing occupational safety through extraterritorial due diligence measures in the activity chains that companies are required to undertake. The obligations imposed on companies to which this Directive applies are analysed, as well as the ways in which they will be able to fulfill these obligations in the field of occupational safety after its implementation. Additionally, the paper reflects on the implications for the Republic of Croatia and how its implementation in the Republic of Croatia could be approached in the context of improving occupational safety standards.
Copyright (c) 2025 Ana Rački Marinković, Darko Palačić http://creativecommons.org/licenses/by-nc/4.0
CESSIO IN CROATIAN CASE LAW DURING THE APPLICATION OF THE ABGB
This article aims to analyse case law associated with cessio (assignment or transfer of claim) during the application of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch or ABGB) in Croatian lands. The object of the analysis is decisions of the highest court in the Croatian lands from 1862 to 1945, the so-called Bench of the Seven (Tabula septemviralis). They may be found in the Croatian State Archives (archival fond HR-HDA-394 Stol sedmorice), and selections of decisions have been published in relevant collections and journals of the time. The purpose of the analysis is to contribute to a more comprehensive understanding of some aspects of the application of the ABGB in Croatian lands, especially taking into account the dynamics between legal norms as defined at the statutory level compared with their realisation in practice. The general context of the analysis is, in addition, the application of the ABGB on the peripheries of the state in which it was created, and its continued application in Croatian lands even after the dissolution of that state.
Bench of the Seven (Tabula septemviralis)
Copyright (c) 2025 Henrik-Riko Held http://creativecommons.org/licenses/by-nc/4.0
THE (IN)ADEQUACY OF THE REGULATION OF EXTENDING PRE-TRIAL DETENTION BY THE SUPREME COURT OF THE REPUBLIC OF SLOVENIA
At the normative and practical level, the article analyses the regulation of Article 20 of the Constitution of the Republic of Slovenia, which vests in the Supreme Court of the Republic of Slovenia the power to extend pre-trial detention during the criminal investigation phase for a maximum of three months. From the perspective of comparative law, this is a Slovenian peculiarity. The author argues that the current regulation is systemically inadequate, and fails to guarantee the highest level of human rights protection for the detained individual. The following objections support this thesis: the Supreme Court’s power to extend pre-trial detention is inconsistent with the fundamental role of this court; the arrangement prevents the defendant from filing a comprehensive legal appeal; it does not enhance the perception of impartiality in trials or trust in the judiciary; and it is unnecessary for developing case law in the area of deprivation of liberty. The article proposes alternative solutions that would better align with the Supreme Court’s role and adhere more closely to the original intent of ensuring the highest level of human rights protection in pre-trial detention decisions.
Copyright (c) 2025 Luka Vavken http://creativecommons.org/licenses/by-nc/4.0
THE PRINCIPLE OF CERTAINTY OF VIOLATIONS AND THE RESPONSIBILITY OF DOCTORS AND HEALTH SERVICE PROVIDERS
Misdemeanour law, due to its comprehensiveness, always causes certain reservations for the addressees. Given that scientific works largely ignore the analysis of general institutes of misdemeanour law, this paper analyses the aspect of the principle of legality that refers to the principle of certainty of the legal norm in the field of misdemeanour law related to the performance of health care, i.e. violations of the rules of medical practice. Considering the high requirements when formulating the definition of a particular misdemeanour, the paper points to the conditions that must be considered in order to realize the principle of certainty so that the addressees are familiar with the requirements that the legal order places before them and harmonize their behaviour. These aspects are analysed on individual examples from the positive misdemeanour legislation. The principle of certainty, as an institution of the general part of the Misdemeanour Code, is analysed on the example of the protection of patients’ rights through the way of prescribing misdemeanours in regulations of different legal force, which mostly include the responsibility of health care providers if they do not protect patients adequately.
Copyright (c) 2025 Sunčana Roksandić, Ivan Vukušić http://creativecommons.org/licenses/by-nc/4.0
LOCAL ELECTIONS IN BELGRADE AND NIŠ IN 2024
Sound electoral justice mechanisms are the ultimate guarantee for free and fair elections. Previous experiences in resolving electoral disputes in Serbia are not a testament that electoral justice has been achieved. The 2024 local elections in Serbia warrant special attention, because, in some Serbian towns and municipalities, pursuant to legislative interventions, ordinary courts were in charge of adjudicating electoral disputes for the first time since 2011. This paper focuses on local elections, recognising their relevance for voters, as they concern the level of government closest to citizens. The authors posit that international standards of judicial protection of electoral rights should also apply to local elections. With that in mind, they seek to answer whether and to what extent the legislative interventions concerning electoral law implemented in Serbia during 2022 and 2024 are in line with international standards, and to what extent these standards are observed in practice. The paper employs normative, comparative and empirical methods. Using the normative and comparative methods, relevant international standards are briefly presented and the changes to the normative framework in Serbia are analyzed from the point of view of compliance with these standards. Empirical research is used to analyse the number and structure of court decisions to determine the extent of protection of electoral rights provided. Content analysis is used to ascertain the extent to which international standards were respected in jurisprudence. Analysis is limited to local elections in Belgrade and Niš; both cases concern local elections in cities where election results gave rise to debates and controversy.
Copyright (c) 2025 Maja Nastić, Ana Knežević Bojović, Vesna Ćorić http://creativecommons.org/licenses/by-nc/4.0
CASES ON STERILISATION OF PERSONS WITHOUT LEGAL CAPACITY
The aim of this paper is to examine whether the new court non-contentious procedure for issuing decisions on health matters provides sufficient procedural guarantees for persons with disabilities who are deprived of legal capacity in this respect, and how these guarantees are implemented in practice. Building on the standards of the United Nations Convention on the Rights of Persons with Disabilities as well as on the interpretations of the UN Committee on the Rights of Persons with Disabilities and the Committee on the Elimination of Discrimination Against Women, the second part of the paper analyses the legal protection objectives and key issues of court proceedings concerning the sterilisation of a person with a disability who has been deprived of legal capacity in this regard. This is followed by a discussion of three cases in order to assess the scope of implementation of the relevant provisions of the FA on the health of persons with disabilities. The final part of the paper offers a synthesis of the main research results and the author’s reflections on the legal protection goal of non-contentious court proceedings for issuing decisions on the health of a person with a disability who is deprived of legal capacity in this respect. The regulation of court jurisdiction and procedure in such cases should not be interpreted in a way that the court could “approve“ sterilisation against the will of the person concerned, but rather that the existence of court jurisdiction and its procedural guarantees should strengthen the rights of persons with disabilities.
Copyright (c) 2025 Slađana Aras Kramar http://creativecommons.org/licenses/by-nc/4.0
THE ROLE OF THE NEW FINANCIAL INSTRUMENT IN REDEFINING OWNERSHIP OF A LIMITED LIABILITY COMPANY
In the legal system of the Republic of Serbia, a sui generis method of acquiring shares in a limited liability company has been accepted in the past several years as a successful corporate governance measure, known as the Employee Stock Ownership Plan (ESOP). This measure enables employees to become co-owners of the company in which they work. In comparative law solutions, this measure is typically reserved for employees. The Serbian legislator does not restrict the categories of persons who are entitled to use the ESOP model. The main difference from other comparative law solutions lies in the definition of two new legal institutes in the Companies Act: the financial instrument – the right to acquire shares, and the right to reserved own share. This paper analyzes this new financial instrument as a means for acquiring shares in a company. The author first examines the specific characteristics of this financial instrument and its similarities with other financial instruments in Serbian law, with specific reference to the ESOP model in comparative law. Then, the author analyzes the process of issuing and registering this financial instrument in the Central Securities Depository and Clearing House, as well as specific cases of its maturity. Next, the author focuses on the procedure for acquiring shares in the company, and the right to judicial protection for holders of this financial instrument and their heirs as a means of exercising the rights arising from it.
Copyright (c) 2025 Milena Jovanović Zattila http://creativecommons.org/licenses/by-nc/4.0
THE PRINCIPLE OF RES JUDICATA IN INTERNATIONAL LAW
The phenomenon of the increasing number of international courts that do not function as a hierarchically organised system raises the question of the legal force of their decisions as regards the same legal issues. In this context, the subject of this paper is to clarify the concept of the res judicata principle in the doctrine and practice of international courts, as well as to analyse its scope and effects when the case on the same legal issue has already been decided between the same parties before different international courts. The circumstance of application of different standards in the interpretation and application of the principle of res judicata before different international courts increases the risk of overlapping jurisdiction among them. Therefore, this paper is aimed at dealing with the question of whether, and to what extent, different legal standards of interpretation of the scope of the res judicata principle affect the imminent fragile cohesion, and consequently, the institutional fragmentation of the international judicial system. In order to more clearly define the effects of the principle of res judicata, the paper points out and analyses exceptions to the application of this principle. Finally, the paper aims at clarifying the different interpretations in the doctrine on the question of the legal nature of this principle in international law.
Copyright (c) 2025 Jasminka Đojinčević http://creativecommons.org/licenses/by-nc/4.0
THE ROLE OF GENERAL PRINCIPLES OF LAW IN THE INTERPRETATION OF UNION LAW
The increasing need for legal regulation in emerging areas at the European Union level, coupled with the growing number of legal acts, places additional strain on the Union’s legal system. Despite efforts by legislative bodies, regulation in these new areas often falls behind the pace of real-life developments, posing an additional challenge for courts in resolving cases through the interpretation and application of legal norms. General principles of law, as part of EU primary law, serve as an autonomous source of law while also aiding in the interpretation of Union law, though there is often ambiguity over which of these roles should take precedence. This paper focuses on the creation of general principles of law and their role in the interpretation of Union law by national courts and the Court of Justice of the European Union. Through an analysis of case law, the author identifies key issues and challenges in applying these principles when interpreting Union law and underscores potential future challenges concerning their role in the EU legal system.
Copyright (c) 2025 Narda Krnetić Blečić http://creativecommons.org/licenses/by-nc/4.0
BIOETHICAL CONTROVERSIES, LEGAL GUIDELINES AND MORAL DISTINCTIONS CONCERNING PALLIATIVE SEDATION
Bringing terminal patients' severe chronic pain under control with a view to achieving the greatest possible degree of comfort in palliative care, often requires the use, opioid rotation, dose titration of strong opioids. Their use raises certain bioethical concerns regarding possible recourse to palliative sedation, which, in clinical re/interpretations, may acquire the connotation of “disguised euthanasia”. Our intention is to present a solid biolegal basis for the view that the administration of strong opioids in cases of unbearable suffering during the final stage of life constitutes the use of ordinary means of treatment, and that certain foreseeable adverse effects may be bioethically tolerated (hypoxia, a state of reduced consciousness, addiction, tolerance, and respiratory depression etc.). Ethically acceptable criteria and guidelines for decision-making regarding the administration of potentially risky analgesic doses and palliative sedation must be applied with particular regard to the nature of intolerable symptoms, whereby patients and/or their surrogate decision-makers must be adequately informed and must give their consent. The use of strong opioids is governed by the principle of double effect, respect for patient autonomy, including the autonomy exercised through surrogate decision-makers, and the principle of beneficence. Under these principles, the clinician’s intention is justified by the aim of relieving symptoms, rather than by any intention to hasten the death of a terminally ill patient. If the use of strong sedatives can relieve unbearable pain caused by severe symptoms that have not responded to usual therapeutic interventions, it is clinically reasonable and bioethically correct to use palliative sedation. The moral correctness and certain conditionality of these claims are also affirmed by certain legislative, legal, bioethical and Church documents.
Copyright (c) 2026 Ružica Palić Kramarić, Suzana Vuletić, Mato Palić, Tatjana Bačun http://creativecommons.org/licenses/by-nc/4.0
LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVE
The provisions of the Polish Civil Code concerning legal capacity, including the institution of incapacitation, similarly to other countries in the region, have not undergone major changes since their entry into force on January 1, 1965. Over the years the state of medical knowledge, the perception of various mental illnesses and dysfunctions, as well as the social role of people with disabilities have evolved radically. The systemic context – both constitutional and international (conventional) – as well as the legal state-of-play in this area in most Western European countries, including those which were the regulatory model for the Polish legislator, have also changed. Against this background, the Author advocates the need to abolish the institution of incapacitation and replace it with more nuanced and proportionate legal measures that do not interfere as profoundly with legal capacity and thus with legally protected human dignity. This request is finally being realised by the draft law on instruments for supported decision-making of December 9, 2024.
Copyright (c) 2025 Andrzej Herbet http://creativecommons.org/licenses/by-nc/4.0