MODEL “ZRCALA”: ŽUPANIJE S POSEBNIM REŽIMOM

Author(s): Lidija Bradara,Irena Mrnjavac,Stjepan Dujo / Language(s): Croatian Issue: 1/2018

This work presents an overview of the activities of the Constitution of the Federation of Bosnia and Herzegovina, activities based on the changes of the Constitution of the Federation to the political and legal position of Croats in the Federation of Bosnia and Herzegovina. Mostly, it is about negative activities of imposed amendments on the Constitution of the Federation, presented by High Representatives in Bosnia and Herzegovina. However, except the facts of the case and the existence of the valid regulations of the Constitution of Federation, this work also takes into consideration the original text of the Constitution of the Federation, as well as certain proposals on the changes of the Constitution which would contribute to the revision of the imposed amendments and all with the aim of improving the status of Croats in Bosnia and Herzegovina, precisely in Federation of Bosnia and Herzegovina. The purpose of the author is not only to establish the facts of the case, but also to offer the appropriate solutions for changes of the Constitution of the Federation of Bosnia and Herzegovina, through the model of arrangement of two cantons with the special status in the Federation of Bosnia and Herzegovina, more precisely speaking, by returning their special regime. We see these two mixed cantons (HNC and CBC) as framework for preservation of the entire Federation of Bosnia and Herzegovina.

UTJECAJ ODLUKA EUROPSKOG SUDA ZA LJUDSKA PRAVA NA USTAV BOSNE I HERCEGOVINE

Author(s): Borjana Krišto,Bariša Čolak / Language(s): Croatian Issue: 1/2018

This paper analyzes three decisions of the European Court of Human Rights; Sejdić and Finci vs. Bosnia and Herzegovina, Zornić vs. Bosnia and Herzegovina and Pilav vs. Bosnia and Herzegovina and their impact on the Constitution of Bosnia and Herzegovina, and possibility of their implementation in the Constitution of Bosnia and Herzegovina. The fundamental problem that needs to be resolved is to reconcile the fundamental principles of the Constitution of Bosnia and Herzegovina, the principle of constituency and equality of peoples as a general principle of democracy with the proclaimed principle of the European Court of Human Rights’s decision on equal right to elect for every citizen as the general principle of democracy. It is in fact the art of achieving a balance between the protection of individual civil rights and the protection of the rights of constituent peoples, ie the equality of each of the three constituent peoples in B&H (Bosniaks, Croats and Serbs). The principle of constituency or equality of peoples can only be achieved through legitimate political representation.

IZBORNI ZAKON I SPOR OKO UNIVERZALIJA: POSTOJI LI HRVATSKI NAROD U BIH ILI SAMO HRVATI?

Author(s): Ugo Vlaisavljević / Language(s): Croatian Issue: 1/2018

The Croatian National Assembly’s proposal to amend the Election Law, after the Constitutional Court issued its decision in response to a complaint by Dr Bozo Ljubic, is the first, albeit decisive, step towards improving the political position of the Croatian people in Federation of Bosnia and Herzegovina. Recently raised and brought into the forefront of public debate by Croatian officials and representatives, the initiative has been fiercely opposed by their Bosniak counterparts who unanimously consider it to be a perilous undertaking threatening the very foundations of the state. What is actually rejected is the rationale that stands behind the initiative: all complaints about the political status of the Croatian people in today’s Bosnia are false and invalid. The CNA’s proposal evidently threatens to insert into the existing legal-political setting of the Federation something that spreads panic among those interested in preserving status quo (i. e. an asymmetrical power relations between the two constituent peoples). It seems that the opponents are fully aware of what is at stake here and what should not be allowed: Croats, not just as a sum of individual citizens, but as a single people finally endowed with group rights. Opposed are in fact two irreconcilable views on the constitutional structure of the polity, both having a clear ethno-national stamp. The dilemma runs thus: the Federation of B&H, should it be a one-nation-entity or a truly multinational entity, i. e. a federation in the proper sense of the term?

MERITUM I RAZUMIJEVANJE ODLUKE USTAVNOG SUDA BIH U-23-14

Author(s): Ivan Vukoja,Valentino Grbavac,Ivan Pepić / Language(s): Croatian Issue: 1/2018

The following article highlights the key parts of the Ljubić case and describes its merits and meaning. It can be a guide design a new electoral code. In sum, the ruling makes clear that: 1) The current election law violates the rights of the Constituent Peoples to elect their legitimate representatives, as enshrined in BiH’s Constitution, as the current election law has created a system that enabled for the representatives of the Constituent Peoples to the Federation House of the Peoples to be elected without being the legitimate representatives of the Constituent People. 2) The right of the Constituent People to elect their legitimate representatives also applies to all other state institutions that were designed to protect the rights of the Constituent People, including the House of Peoples of BiH and the three-member Presidency of BiH. 3) Members of one Constituent Peoples must be able to elect their legitimate representatives by themselves, without any interference by the members of the other two Constituent Peoples. 4) One vote within each of the electoral units (in the case of the House of Peoples of the Parliament of the FBiH, within each of the three constituent peoples and the Others) must have equal value.

POZITIVNOPRAVNI OKVIR IZOBRAZBE INSTRUKTORA JOGE U REPUBLICI HRVATSKOJ

Author(s): Tomislav Nedić,Ivica Kelam / Language(s): Croatian Issue: 2/2020

In the practice of teaching and performing a system of yoga, there are those legal issues that relate to the complete process of yoga instructors education. Using the methods of description and analysis, the paper, above all, aims to systematically develop the basic legal context of the education of yoga instructors in the Republic of Croatia. In the elaboration of the stated legal framework, several factors appear that we could mark as dubious and disputable. In this regard, the second goal of the paper, using the case and analysis method, as well as formal-logical analysis within the methodology of legal sciences (method of interpretation of law and argument of analogy), is reflected in further analysis of those issues that are marked dubious and controversial. These issues relate to: authorized licenses and teaching subjects with a comparative overview of other sports and sports activities and specific opportunities for enrolment of participants in the education program for yoga instructors with special reference to the subject of education. The conclusions stated at the end of the research are based on the generally accepted criteria of sports law and theory of law doctrine.

UGOVORNO ZASTUPANJE U PARNIČNOME POSTUPKU

Author(s): Branka Hrkać / Language(s): Croatian Issue: 2/2020

The paper analyses the instance of the authorised person in a lawsuit through the Civil Procedure Law of the Federation of Bosnia and Herzegovina. The authorized person is a contracting representative of the client. The permission about representing is gained on the basis of a contract, so we can talk here about contracting representation. The paper analyses the specific occurences of particular legal provisions that determine who can be the authorised person in a lawsuit according to the amended provisions of the lawsuit.

UTVRĐIVANJE PRAVA NA NAKNADU ŠTETE U OBLIKU RENTE MALOLJETNOMU ILI NEZAPOSLENOMU OŠTEĆENIKU

Author(s): Jasmina Đokić,Davor Martinović / Language(s): Croatian Issue: 1-2/2021

Compensation in the form of an annuity is determined and awarded in cases provided by law for death, bodily injury or infringement of health. Injuries or health disorders often lead to incapacity for work, and thus the loss of various property benefits. The authors deal with the issue of determining the right to compensation in the form of monetary annuity of a minor or unemployed injured party. Damages may relate to lost earnings when the injured party is completely or partially incapable of work or his/her needs are permanently increased or his/her opportunities for advancement are destroyed or limited. The subject of this paper is to determine the right to compensation to an injured party who at the time of damage has not make any earnings nor other income from his/ her own work. When, as a result of a harmful act, the work and advancement of an injured person who was not previously been in the process of work is disabled, and compensation is claimed, we come to many question. Some of them are whether that person would work at all, what job he/she would do and how that work would be valued if his/her life took place in the usual course. From the point of view of compensation, it is necessary to establish under what conditions a person can exercise the right to an annuity as compensation for damage due to lost earnings.

ZLOUPOTREBA POVJERENJA U GOSPODARSKOME POSLOVANJU

Author(s): Sabrina Horović,Ivana Stipanović,Ivan Zovko / Language(s): Croatian Issue: 1/2022

Economic criminal law is of interest to criminal law theorists and practitioners in many countries today. The issue of economic crimes in the criminal legislation of Bosnia and Herzegovina is completely neglected. Thus, the descriptions of economic crimes in the current criminal laws in Bosnia and Herzegovina are largely outdated. Therefore, the authors of the paper propose the introduction of a new criminal offense of Abuse of Trust in Business Operations, and analyze the forms and methods of committing this criminal offense. The paper does not present in a systematic and comprehensive way economic crimes in the criminal legislation of Bosnia and Herzegovina, but seeks to draw attention to the most important difficulties encountered by case law in the field of economic criminal law, regardless of whether they are caused by unsatisfactory legal solutions or courts for other reasons they fail to find a way out. To understand this crime, it is extremely important to know the provisions of commercial and economic law as well as other branches of law. The authors consider the act of committing, which consists of several substantively different activities.

HOW MUCH DOES NEGATIVE LIBERTY NEED POSITIVE LIBERTY IN ECONOMIC ISSUES?

Author(s): Zdravko Perić,Marin Petković / Language(s): English Issue: 1/2022

In attempting to rectify the inequalities ensuing from the flaws of negative liberty, proponents of social justice turn to economic policies based on positive liberty. Unaware of the value provided by each of these notions of liberty, they neglect the tyrannical potential of positive liberty which results from its instrumental value. Promoting government intervention in the market and redistribution of resources as a means by which inequalities are to be redressed, allows for the concentration of power in one place, which renders individual freedom ineffective. This paper suggests that the promotion of social justice through positive liberation is damaging to individual freedom due to the government’s monopoly on regulating the social structure.

KHUEN’S ELECTORAL GEOMETRY IN TOMAŠIĆ’S ELECTORAL LAW OF 1910

Author(s): Mislav Gabelica / Language(s): English Issue: 1/2023

In this paper, the author analyses the political circumstances that influenced the enactment of the Law on the Electoral Order of the Parliament of the Kingdoms of Croatia, Slavonia and Dalmatia of 28 May 1910, and compares the public debate on this law with the statistical data relating to it. While reducing the property threshold, this law preserved the existing division of electoral districts, which had applied under the so-called Khuen’s Electoral Law, thus also preserving the key influence of Serbs on the Croatian political scene. However, these were no longer Serbs loyal to the regime, but those who listened to the call of Belgrade.

UTJECAJ VISOKOGA PREDSTAVNIKA NA DOM NARODA PARLAMENTA FEDERACIJE BOSNE I HERCEGOVINE

Author(s): Ivan Tomić / Language(s): Croatian Issue: 1/2024

In the Federation of B&H there is a bicameral system with the House of Peoples as an upper house whose core functions are representing and protecting the constituent nations. The interventions of the High Representative as a specific international factor in B&H largely changed the original constitutional solutions that were supposed to ensure the realisation of the mentioned function of the House of Peoples. In the paper the author analyses the influence of the Hight Representative actions onto the House of Peoples of the Parliament of the Federation of B&H, especially the changes that relate to the number of the delegates in the House of Peoples, the mechanism of the vital national interest and the participation of the caucuses of the constituent nations in the process of electing the president and vice-president of the Federation of Bosnia and Herzegovina. The analysis has shown that the interventions have significantly weakened the position of the constituent nations through the change of the House of Peoples. They have also lead to the weakening of the mechanism of the vital interest and changes in the process of election of the president and vice-president of the Federation. The imposed changes from the year 2023 are an exception since they strenghten the position of the constituent nations and the House of Peoples. The paper proves that through the imposed changes of the High Representative the Decision of the Constitutional Court of Bosnia and Herzegovina U 23/14 has not been implemented, because the principle of proportionality and the principle of legitimate political representation have not been achieved.

OBRADA MEĐUNARODNIH ŠTETA U IZVANSUDSKOME POSTUPKU: Usporedna analiza Sustava zelene karte i Sustava IV. direktive i potreba za temeljitim promjenama

Author(s): Jasmina Đokić,Antonija Marić,Ana Martinović / Language(s): Croatian Issue: 1/2024

The paper examines the challenges involved in processing claims arising from civil non-contractual liability for damages caused by motor vehicles, especially when the legal relationship for compensation has an international dimension. For several decades, protecting victims of cross-border road traffic accidents has posed significant challenges at both international and European levels. To enhance victim protection, two systems for handling international claims have been established and operate concurrently: The Green Card System and the Protection of Visitors System (IV. Directive). The authors explore the fundamental characteristics and procedural rules of both systems, their strengths and weaknesses, and show how the existence of different mechanisms for resolving cross-border claims impacts the rights of the claimants. Given the relevance and complexity of this topic, the focus of this paper is limited to the processing of claims in out-of-court procedures, excluding matters related to judicial proceedings. Finally, the authors consider whether there are opportunities to improve the current regulatory framework to better protect victims of traffic accidents with an international element.

UDALJENJE IZ SLUŽBE POLICIJSKIH SLUŽBENIKA U PRAVU REPUBLIKE HRVATSKE

Author(s): Damir Juras,Hrvoje Boban / Language(s): Croatian Issue: 1/2024

In addition to stating the position of legal doctrine and judicial practice as well as provisions of comparative regulations, the paper presents and analyses the institution of police officers’ removal from service under the law of the Republic of Croatia. In the introductory part of the paper, a police officer concepts and removal from service are defined. Additionally, general features of suspension are stated. In the central part of the paper, the authors deal separately with the types of removal from service: mandatory, optional and automatic; a procedure of removal from service, its duration, legal remedies in the procedure of removal from service, salary compensation during the removal from service, the costs of legal representation of a suspended officer, and conditions for removing from service of a police officer who has the status of a union commissioner. The authors’ conclusion is that here we deal with a legal institution wherewith the interests of the service are protected, and disciplinary or criminal proceedings prevented. The authors propose to enable the Disciplinary Court to decide on the validity of a decision on removal from service, or on adoption of a decision on removal from service during the disciplinary proceedings, to stipulate expressively by the law that consent of Trade Union is not required for removal from service of a union commissioner, regardless of whether this suspension is related to disciplinary or criminal proceedings, to delete the existing provision of Collective Agreement for civil servants and state employees on necessary consent of Trade Union when removing from office a union commissioner against whom criminal proceedings have been initiated

Dyplomacja w porządku postwestfalskim – przypadek Unii Europejskiej

Author(s): Danuta Kabat-Rudnicka / Language(s): Polish Issue: 52 (1)/2025

Diplomacy is the traditional domain of states. However, today, in the post-Westphalian world, it is also effectively carried out by non-state actors, including international organizations. Such a non-state actor, and at the same time a subject of international law, is the European Union. And while the European Union primarily engages in activities characteristic of low politics, it also operates within the realm of high politics, when conducting foreign policy. The European Union is playing a more and more active role in international relations, hence the growing importance of European Union diplomacy. The aim of the article is to present non-state entities involved in diplomatic activities on the example of the European Union, while employing an approach informed by international relations and public international law. The discussion focuses on issues such as: the post- Westphalian order, the European External Action Service, and diplomacy of the European Union. The considerations are carried out while using the dogmatic method, case studies, and comparative legal analysis.

Współczesna dyplomacja humanitarna – czy jest w niej miejsce dla organizacji pozarządowych? Studium przypadku Ukrainy

Author(s): Małgorzata Myl-Chojnacka / Language(s): Polish Issue: 52 (1)/2025

The paper aimed at presenting an evolution of a “humanitarian diplomacy” concept and at identifying factors that affect the process. It was also attempted to investigate a capacity of non-governmental organizations (NGOs) in field of the humanitarian diplomacy. The research was conducted using the historical and dogmatic methods. Theoretical considerations were complemented by practical analyzes of activities undertaken by NGOs in response to Russian invasion in Ukraine. The study showed that the humanitarian diplomacy is a heterogenic phenomenon and its understanding is influenced by priorities and targets that are established, as well as by actors that are involved in activities. However, it may be assumed that the humanitarian diplomacy consist in promoting different interactions aimed at providing peace, justice and help to affected communities. Importantly, these activities may be conducted not only by States, international organizations (eg. the United Nations) or specialized bodies (eg. International Committee of the Red Cross), but also by non-governmental organizations. The Ukrainian case revealed that in the field of humanitarian diplomacy NGOs present a huge potential that cannot be limited only to providing humanitarian support. Non-governmental organizations can also actively negotiate and advocate, thus strengthening capacity of achieving the gools of humanitarian diplomacy.

IV Międzynarodowa Konferencja Naukowa im. Profesora Stanisława Czepity „O pojmowaniu prawa i prawoznawstwa”, Szczecin, 23–24 listopada 2023 r.

Author(s): Dawid Kostecki,Patryk Kupis / Language(s): Polish Issue: 52 (1)/2025

Exploring relational and structuring skills among Norwegian probation officers during mandatory supervision sessions

Author(s): Karl Yngvar Dale,Bjørn Kjetil Larsen,Sarah Hean,Atle Ødegård / Language(s): English Issue: 1/2025

This study draws on person-centered therapy, Bordin’s working alliance model, and the guidelines from the Norwegian Prison and Probation Service to explore how Norwegian probation officers demonstrate key relational skills during supervision. Thirteen participants from probation offices in western Norway took part in three focus groups: two with supervisees and one with probation officers. Thematic analysis revealed two key themes: (1) perceptions of inconsistent focus and (2) a cautious atmosphere of trust. While empathy emerged as a crucial factor in building a working alliance, it sometimes came at the cost of structure and planning. However, this imbalance did not necessarily undermine the sessions’ effectiveness, as trust and rapport form a strong foundation for growth. The findings highlight that balancing a strong bond with clear structure is central to effective probation supervision. This implies that probation officers should leverage relational trust to introduce structure, thereby fostering sustainable behavioral change.

PUBLIKACJE W DYSCYPLINIE NAUK PRAWNYCH W LATACH 2017–2021 W ŚWIETLE PROCESU EWALUACJI NAUKI

Author(s): Luigi Lai,Jacek Drogosz / Language(s): Polish Issue: 132/2024

Background: The scientific data collected through the parametric evaluation of researchinstitutions serves as an excellent knowledge base, enabling the review of scientific publications,the creation of journal and publication rankings, and the assessment of scholarly output. Thiswork presents information on the scholarly contributions in the discipline of juridical sciencesin Poland. It continues the analysis begun in 2021, which was based on the previous evaluationprocess.Research purpose: The purpose of the research is to indicate the most popular journals, publishersand scientific conferences in the field of juridical sciences. A comparison was made to analogousaspects regarding the appraisal from 2017. Attention was drawn to the new principles of appraisal.Evaluation predictions for 2022 were referenced and compared with the actual evaluation process.Methods: The material was developed based on data from the reporting module of the PolishScientific Bibliography, which contains the publication output reported for parametric appraisal.Using analytical methods, information was extracted about the publication achievements of research workers who declared their publications in the discipline of juridical sciences. Data onjournals, publishers and conferences were arranged using the ranking method.Conclusions: The analysis shows that the predictions regarding scientistsʼ choice of journals,publishers and conferences, due to changes in evaluation rules, have only partially come true.There are visible changes in the choice of publications and conferences, but the topmost popularjournals are practically the same.

L’INTERRUPTION DE LA PRESCRIPTION EN DROIT PÉNAL ROUMAIN : L’ÉVOLUTION DE LA JURISPRUDENCE ET SES IMPLICATIONS

Author(s): Adrian Gabriel Corpădean,Mihaela Adriana Oprescu / Language(s): French Issue: 39/2025

This article presents an analysis of the evolution of the legal framework regarding the interruption of the prescription period for criminal liability under article 155 of the Romanian Criminal Code. It presents key decisions of the Constitutional Court (CCR), the legislative response through Government Order n° 71/2022, the subsequent case law of the High Court of Cassation and Justice (HCCJ), and the impact of the subsequent judgment of the Court of Justice of the European Union (CJEU). The discussion highlights how these decisions have reshaped the legal landscape regarding procedural acts and prescription, as well as the resulting inconsistencies in national case law.

LA NÉGATION DU GÉNOCIDE DE SREBRENICA : ENTRE PÉNALISATION ET LIBERTÉ D’EXPRESSION

Author(s): Merima Mustafić / Language(s): French Issue: 39/2025

This contribution focuses on the criminalization of denial of the Srebrenica genocide in Bosnia-Herzegovina and its legal implications. The imposition in 2021, by decision of the International High Representative, of an amendment to the Criminal Code of Bosnia Herzegovina, criminalizing the denial and glorification of genocide, has aroused strong resistance, particularly in the entity Bosnian Serb Republic. The complex interplay between the criminalization of genocide denial and the right to freedom of expression is also discussed. Although the United Nations General Assembly adopted a resolution in 2024 designating July 11 as the International Day of Reflection and Commemoration of the 1995 Srebrenica Genocide, the eradication of genocide denial remains a major challenge to this day.