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UNDERREPRESENTATION OF WOMEN IN PARLIAMENT AFTER THE INTRODUCTION OF ELECTORAL GENDER QUOTAS: LESSONS FROM CROATIA

Author(s): Mira Lulić,Sanda Pašuld / Language(s): English Issue: 3/2024

The article studies the legal issue of women’s political (under)representation in the Croatian Parliament from the independence of the Republic of Croatia to the present day, with a special focus on the ineffectiveness of electoral gender quotas as positive measures to increase the number of women in parliament. Namely, Croatia is the only country in the European Union that introduced electoral gender quotas by law, after which it recorded a serious decrease in the number of women in parliament. The Gender Equality Act in 2008 and Act on the Election of the Members of the Croatian Parliament (amendments 2015) prescribes 40 % quotas for each gender. However, not only did these quotas fail to achieve the expected result, but unexpectedly, the number of women parliamentarians in Croatia even decreased after their introduction. For every modern legal state and democratic society, it is very important to understand how electoral gender quotas work and how they can positively affect the representation of women in political decision-making. Care should be taken in determining what legislative solutions and political activities should be undertaken to increase the number of women in parliaments. The article begins by addressing the definition and terminological challenges associated with basic terms, and then proceeds to offer an overview and analysis of positive legal regulations on electoral gender quotas and equality within the legal system of Croatia. Furthermore, the article provides an analysis of the number of women in the Croatian Parliament across all previous parliamentary elections from the country’s independence to the present day. In conclusion, it proposes a thorough and effective redefinition and redesign of existing solutions for electoral gender quotas, advocating for concrete measures and activities aimed at increasing the number of female parliamentarians in the Croatian Parliament. Although this research topic has predominantly been explored by political scientists in Croatian academia, it is also a legal matter. Given the lack of research in the field of law, this article aims to address this gap in legal science. In addition to employing standard scientific methods common in the scientific field of law, quantitative scientific methods are also used in the study.

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USTANICI PRIZNATI KAO ZARAĆENA STRANKA NEMEĐUNARODNIH ORUŽANIH SUKOBA U TRADICIONALNOM I SUVREMENOM MEĐUNARODNOM PRAVU

Author(s): Rutvica Rusan Novokmet / Language(s): Croatian Issue: 4/2024

The focus of traditional international legal regulation of armed conflicts was primarily on international armed conflicts, which resulted in legal lacunae in respect of the limitation of the conduct of the parties to internal armed conflicts before the Geneva Conventions on the Protection of Victims of War and Additional Protocols to these conventions had been adopted. The subject of this paper is the analysis of the important changes brought about by the contemporary international legal framework in respect of the more detailed regulation of non-international armed conflicts. Furthermore, the author assesses that the more concrete limitations of the conduct of the parties to these conflicts have directed the application of the rules of international humanitarian law to the more efficient protection of victims of war. In this context, the relevant provisions of the international legal instruments applicable to non-international armed conflicts are analysed, followed by the consideration of different definitions of non-international armed conflicts and their parties contained in the Geneva Conventions and the Additional Protocol II, as well as by the analysis of the most recent decisions of international courts and tribunals, which have made a significant contribution to the interpretation and development of international law applicable in this kind of armed conflict. Special attention is given to the concept of recognition of insurgents as belligerents. In comparison to traditional international law, this concept has undergone significant transformation in the context of the obligation to apply international humanitarian law. The author concludes that the gradual cessation of the application of this institute, along with the mitigation of differences between international and non-international armed conflicts, has contributed to the awareness of all parties to armed conflicts of the obligatory nature of the relevant rules of international humanitarian law, i.e. of their responsibility for the protection of victims of war, the respect of the principle of humanity, and the demands of public conscience, from the beginning of an armed conflict to its cessation.

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JE LI POVRATAK POTPUNOG LIŠENJA POSLOVNE SPOSOBNOSTI OSOBA S INVALIDITETOM OPRAVDAN

Author(s): Aida Babović / Language(s): Croatian Issue: 4/2024

The amendment to the Family Law of 2023 governed, among other things, the complete deprivation of legal capacity. It was inspired by the Decision and Ruling of the Constitutional Court of the Republic of Croatia (UI-394/2015 of 18 April 2023) on the repeal of provision 234, paragraph 2 of the Family Law of 2015, which prevented persons from remaining and becoming completely deprived of legal capacity. The paper observes the implications of the reintroduction of complete deprivation of legal capacity in the national family law arrangement in correlation with the existing partial deprivation of legal capacity. Individual analysis of court decisions of the Municipal (Civil) Courts in Zagreb and Rijeka and the County Courts in Zagreb and Pula indicates the necessary proportionality of the scope and content of deprivation of legal capacity and their practical applicability to the legal status and life circumstances of persons with disabilities. For the sake of comparison, the legislative frameworks of Germany, France, and Slovenia on the protection of adults with disabilities have been brought closer to the Croatian with the purpose of their potential reception and materialisation. In the conclusion of the paper, the assessment, possible solutions and conclusions on the topic of the paper, and projections of its future development are presented with an emphasis on the need to abandon (complete) deprivation of legal capacity in general. In addition, certain de lege ferenda proposals necessary for improving the judicial-procedural and guardianship status of persons with disabilities are presented simultaneously.

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Les particularités de l'analyse de la jurisprudence en droit comparé

Author(s): Corneliu-Liviu Popescu / Language(s): French Issue: 01/2024

As part of comparative legal research, the analysis of foreign law requires that relevant case law be considered, identified, and correctly interpreted. Identifying foreign case law requires knowledge of the national court system's complexity and hierarchical relationships. Correct interpretation of domestic case law requires knowledge of its position among the sources of national law and the particular style of drafting of judicial decisions.

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Paradigmatic Concerns Arising From Issues of Language Philosophy in Law

Author(s): Adela Teodorescu Calotă / Language(s): English Issue: 01/2024

The present work sets forth to approach the notion of “meaning” in law by coating it, first and foremost, into the depths of concerns arising from paradigmatic research conducted by iconic theoreticians of law. The paper consistently delves around several ideas promoted by Herbert L. A. Hart in relation to the issue of “meaning” in law, while also making cross-references to relevant directions of research underlined in the writings of Wittgenstein, Austin and Bentham. The analytical frame pinpoints a series of interesting facets related to this kaleidoscopic field of legal research, among which are the imbalance between knowledge and understanding, the pragmatic effects of language use in law and, last but not least, the “open texture of law”. This philosophical basis will open up a secondary level of analysis configured around the issue of normativity and the ways in which it is understood in relation to the idea of language uncertainty in law. In analysing normativity, appeal will be made to ideas extracted from the theory of deconstruction, which promotes new and novel ways of thinking about the conceptual and discursive frames of law. The conclusions of this second section of the paper will open up the debate towards the problem of normativity at the crossroads between different legal cultures. Given the existing linguistic and non-linguistic deterrents, the paper's general conclusions will acknowledge the difficulty of conceptual apprehension in law.

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Why the European Public Prosecutor Office is (Not) Working? And How We Can Fix It

Author(s): Andrei-Răzvan Lupu,Vlad George Zaha / Language(s): English Issue: 01/2024

Beyond an indirect analysis of the European Public Prosecutor Office's (EPPO) activity in its inaugural three years, this paper aims to offer a different perspective regarding the limits of the EPPO functioning. While prevailing literature on the EPPO predominantly focuses on the regulations and the institutional framework at the European level as potential triggers for serious setbacks, our analysis posits an alternative perspective: operationalising the EPPO depends primarily on the Member States. By scrutinising economic and demographic factors, alongside intrinsic elements such as national norms of material and procedural law, institutional frameworks, reporting procedures to the EPPO, and the collaboration history of Member States, we discern their impact upon the efficacy of the new European prosecutorial agency. Ultimately, we aim to offer a series of recommendations that can be imposed at the European level to overcome EPPO's dependence on the varying motivations and agendas of its Member States.

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Constitutional and Case Law Developments on Gender Identity

Author(s): Delia-Ramona Popescu,Daniel Piștea / Language(s): English Issue: 01/2024

The article approaches some sensible issues for Romanian society, such as the distinction between sex and gender, recognition of gender reassignment, and adequate regulation and protection for same-sex couples, analysing constitutional and legal provisions and case law of the Constitutional Court and the European Court of Human Rights concerning Romania. Following ECtHR decisions in Buhuceanu and X and Y, the Romanian state faces new challenges regarding the respect for private and family life, considering the originalist theory embraced by constitutional justice when dealing with the conclusion of a marriage.

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What To Do With an Empty Constitutionalism? A Review of Adrian Vermeule’s Common Good Constitutionalism

Author(s): Alexandra Mercescu / Language(s): English Issue: 01/2024

Adrian Vermeule’s book, Common Good Constitutionalism, came out in 2022, after Trump, after the US Supreme Court has been reshuffled into a definitively more conservative institution and in a context in which progressive liberals had been increasingly frustrated with the prominence of conservative takes on constitutionalism, like originalism, especially in academia but more and more so in the judiciary as well.

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Cuvântul preşedintelui

Author(s): Nic Bălan / Language(s): Romanian Issue: 4/2024

This new issue of the journal brings together fresh contributions from experienced authors in the field of insolvency, offering detailed analyses and relevant perspectives for insolvency practitioners. Each article addresses essential topics, proposing solutions and clarifications within the context of complex legislation and the challenges of professional practice.

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Particularități ale ridicării suspendării executării

Author(s): Oana Pipernea / Language(s): Romanian Issue: 4/2024

During the observation period, the debtor is permitted to continue carrying out regular business activities and may make payments to known creditors, provided these transactions fall within the ordinary course of business. During this time, the general rule is that the debtor collects receivables into a single account and uses these funds exclusively for conducting regular activities. Creditors are afforded protection under Article 87, paragraph (3).

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Modificarea planului de reorganizare anterior confirmării acestuia de către judecătorul-sindic. Admisibilitate. Condiții de exercitare

Author(s): Camelia Trifanov / Language(s): Romanian Issue: 4/2024

Amending the reorganization plan before the expiration of the maximum legal term for its submission. Amendments to the reorganization plan after its confirmation by the syndic judge. Amendments to the reorganization plan between the expiration of the submission deadline and its confirmation by the syndic judge. Parties authorized to propose amendments to the plan. Restarting the procedure from the submission of the reorganization plan to facilitate the voting process on the amended plan by the creditors' assembly.

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Competența instanței în materia soluționării acțiunilor privind nelegalitatea Adunării Generale a Asociaților/Acționarilor, prin care se desemnează administratorul special

Author(s): Stan Tîrnoveanu,Andrada Cristea / Language(s): Romanian Issue: 4/2024

Analyzing the jurisdiction of the insolvency judge to adjudicate a claim for the annulment of a decision by the general meeting of shareholders or associates of a company in insolvency necessitates a detailed examination of the cause and legal basis of the action. This analysis must consider the degree of connection between the action and the insolvency proceedings, as well as its impact on the debtor’s estate.

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Proceduri de prevenire a insolvenței – opțiune sau necesitate?

Author(s): Mihai Popa,Dana Bușcu / Language(s): Romanian Issue: 4/2024

Understanding the components of each insolvency prevention procedure enables entrepreneurs to evaluate their implications and benefits for business recovery and growth.

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Ocrotirea libertății practicianului în insolvență în exercitarea profesiei prin mijloace de drept penal – analiza unor dispoziții din Legea nr. 85/2014 și din Statutul pentru organizarea și exercitarea profesiei de practician în insolvență

Author(s): Mirela Mihaela Apostol / Language(s): Romanian Issue: 4/2024

This paper explores the extent to which the professional autonomy of insolvency practitioners is protected in their activities through targeted criminal law measures. While general regulations aim to achieve this objective, the legislature has, in specific instances, explicitly introduced provisions exempting these legal professionals from liability, as exemplified by Article 182, paragraph (3) of Law No. 85/2014. Furthermore, certain provisions within professional organizational regulations also address aspects of criminal liability. This analysis seeks to elucidate the unique role and impact of these provisions within the framework of criminal law, while defining the conditions and scope for their application.

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Impozit pe venit și contribuții sociale obligatorii

Author(s): Luminiţa Obaciu / Language(s): Romanian Issue: 04/2024

The material includes questions and answers on sick leave, specific situations in employment law and the tax treatment of certain salary benefits. In order to be eligible for sick leave and related allowances, certain legal conditions must be met. It details some specific situations, such as when an employee works for more than one employer and is temporarily unable to work, or when an employee is also a student. The material also details cases of employees having multiple contracts with one or more employers and other situations in the field of employment relations.

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Impozit pe clădiri

Author(s): Mihaela Spiridon / Language(s): Romanian Issue: 04/2024

In certain cases encountered in practice, it is necessary to clarify the method for determining the tax on buildings by identifying the applicable legal provisions of the Tax Code and Methodological Norms. The most common situations concern the revaluation of buildings for tax purposes. The questions and answers also highlight the date from which a means of transport acquired abroad becomes taxable in Romania, as well as the fact that local authorities may decide to grant a payment rebate for both individuals and legal entities.

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Reglementări contabile

Author(s): Maria Iulia Sobolevschi-David,Emilia Iordache / Language(s): Romanian Issue: 04/2024

The legal status of an entity imposes the applicable accounting rules, policies. The reflection of the state of the entity’s assets, liabilities and capital, and of its economic and financial performance is the result of the correct application of accounting policies. This is the only way to ensure comparability of data at sector level. Accounting rules are linked to tax rules. By knowing well the accounting regulations one can become a tax specialist. And here is therefore the need for information provided by OMFP No 1.802 of December 29, 2014, OMFP No 3.103 of November 24, 2017 or OMFP No 2.844 of December 12, 2016. And more.

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Sistemul RO e-Transport

Author(s): Gheorghe Constantinescu / Language(s): Romanian Issue: 04/2024

This material aims to provide a better understanding of the obligations to declare the transportation of goods in the RO e-Transport System in order to properly apply the legal provisions. The need is generated both by the absolute novelty in terms of the obligations of the business environment in Romania regarding the declaration in advance of certain shipments of goods, and to avoid the harsh system of applicable sanctions implemented in case of non-compliance.

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Raportări electronice

Author(s): Alexandru Comănescu / Language(s): Romanian Issue: 04/2024

E-invoicing has become the new reality in the way transactions are conducted between companies in Romania. Thus, in addition to simplifying the way invoices are communicated, this system also allows the tax authorities to identify more quickly those taxpayers who do not fulfill their tax obligations. In addition, by collecting this information, the conditions are created for some VAT returns to be eliminated.

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SAF-T

Author(s): Albert Fruth,Magdalena Grădinaru / Language(s): Romanian Issue: 04/2024

The Tax Control Standard File reflects the national transposition of the international standard defined by the OECD for the electronic exchange of accounting data between companies and tax authorities, which contains information on taxpayers’ accounting and tax data. The implementation of the SAF-T is a first step taken by the Romanian Tax Administration to digitalize the system. As of January 1, 2025, the obligation for small taxpayers to submit to the central tax authority the D406 (SAF-T) return, as well as for taxpayers non-resident in Romania, but registered for VAT purposes in Romania, has entered into force. Identical to large and medium taxpayers, small taxpayers and non-resident taxpayers who are required to file the D-406 Informative Return (SAF-T), starting January 1, 2025, benefit from a grace period, similar to the benefits granted to other categories of taxpayers.

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