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Pravni Vjesnik
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  This is an Open Access Journal Open Access journal
ISSN (Print) 0352-5317 - ISSN (Online) 1849-0840
Published by Josip Juraj Strossmayer University of Osijek Homepage  [3 journals]
  • THE REALISTIC TEST FOR THE THESIS ON COMPULSORY INTERNATIONAL ADJUDICATION

    • Authors: Mario Krešić
      Pages: 7 - 20
      Abstract: The paper deals with assessment of the practices of international relations regarding the protection of peace, legal certainty and equality. These values are important for the argument in favour of the compulsory international adjudication. In view of the realistic challenges to this argument, the paper aims at answering the questions if these three values are protected by applicable norms of international law, whether the principles protecting these values, if they exist in the international law, are above the principle of protecting the autonomy of states as the basis for the omnis judex rule, and finally, if these values are involved in axiological hierarchies formed by the actors formulating and interpreting the international norms. The answers to the first two questions will be given by the means of an empirical assessment of international practices, whereas the answer to the third question will be provided by identifying attitudes towards international relations based on interpretation of existing practices through models of coordination and subordination.
      PubDate: 2022-07-31
      DOI: 10.25234/pv/19705
      Issue No: Vol. 38, No. 2 (2022)
       
  • EXEMPTION FROM JURISDICTION IN EUROPEAN CIVIL PROCEDURAL LAW

    • Authors: Katarina Knol Radoja
      Pages: 21 - 36
      Abstract: The paper analyses the right to be exempt from jurisdiction (immunity) under customary international law and European civil procedural law following the interpretation of the Court of Justice of the European Union. The aim is to research the balance between this right and the right of access to the courts as its potentially restrictive factor in the case law of the Court of Justice of the European Union and to compare it with the case law of the European Court of Human Rights. In deciding the LG and Others v. Rina and Ente Registro Navale as the most important case in this regard, the Court of Justice of the European Union states that the national court before which the issue of exemption from jurisdiction arises, must be persuaded that there will be no violation of the right of access to the courts, if it accepts the immunity objection. In this way, the Court determined the limit of exemption from jurisdiction by allowing the waiver of jurisdiction for reasons of compliance with international legal obligations and noting the need to preserve fundamental rights. However, as to the terms of that limitation, the Court remained vague.
      PubDate: 2022-07-31
      DOI: 10.25234/pv/21767
      Issue No: Vol. 38, No. 2 (2022)
       
  • THE ULTRA VIRES DECISIONS OF THE EU COURT

    • Authors: Stjepan Novak
      Pages: 37 - 54
      Abstract: This paper aims at exploring the decisions of the highest national courts that had declared the decisions of the CJEU ultra vires, without binding effect in their countries. The same as the Czech, Danish and German courts, the Constitutional Court of the Republic of Croatia (CCRC) could deliver such a decision according to Article 129 of the Constitution of the Republic of Croatia (CRC) and Article 104 of the Constitutional Act on the Constitutional Court of the Republic of Croatia (CACC). In the procedure, the CCRC should not only respect relevant provisions of CRC and CACC, but also the procedural rules of the CJEU, ensuring that the decision are indeed well founded and genuine. Although the CJEU’s reaction could easily be launching an infringement action against a member state whose court has delivered such a decision, the Union’s acceptance of these decisions seems to be a much more appropriate solution. Following the introductory considerations, the second part of the paper deals with the cases of the Czech Republic, Denmark and Germany, where the highest national courts have delivered such decisions. The third part of the paper researches into the CCRC’s possibilities for delivering such decisions. The research into possible reactions of the CJEU to decisions of the highest national courts declaring the CJEU decisions ultra vires is the subject of the fourth part of the paper emphasizing the decision that stands out as the most adequate in the context of constitutional dialogues between these courts and CJEU. Concluding remarks are given in the final part of the paper.
      PubDate: 2022-07-31
      DOI: 10.25234/pv/20189
      Issue No: Vol. 38, No. 2 (2022)
       
  • DISGUISING DEPENDENT WORK WITH CRAFT ACTIVITIES (SUBJECT TO LUMP-SUM
           TAXATION)

    • Authors: Valentino Kuzelj, Tajana Petrović, Zrinka Erent-Sunko
      Pages: 55 - 74
      Abstract: After a brief overview of development of the protective role of labour legislation (and the need to protect the content of the work relationship instead of formal category of workers), the authors analyse legal regulation of craft activities and the possibility of paying income tax in a lump-sum. Furthermore, the paper examines positive legal regulation of determining the disguised employment (dependent work) with craft activities subject to lump-sum taxation and, consequently, the collection of income tax and related contributions for compulsory insurance based on (disguised) employment. Finally, the need for legal changes is emphasized, implementing a complementary approach (from the standpoint of financial and labour law), to protect both the fiscal interests of the state and the rights of the disguised worker.
      PubDate: 2022-07-31
      DOI: 10.25234/pv/22014
      Issue No: Vol. 38, No. 2 (2022)
       
  • THE IMPACT OF THE DECISIONS AND PRINCIPLES OF THE EUROPEAN COURT OF HUMAN
           RIGHTS ON THE REGULATION OF THE INSTITUTE OF SPECIAL EVIDENTIARY ACTIONS
           IN THE UNITED KINGDOM WITH SPECIAL EMPHASIS ON THE INTERCEPTION OF
           COMMUNICATIONS

    • Authors: Nevena Aljinović
      Pages: 75 - 95
      Abstract: In the United Kingdom, the regulatory mechanism for intercepting communications has undergone substantial changes in the last few decades. Until the European Court of Human Rights (ECtHR) judgment in the Malone case (1984), in which it found a violation of the right to protection of private and family life pursuant to Art. 8 of the European Convention for the Protection of Fundamental Rights and Freedoms (ECHR), the United Kingdom did not have a concise legislative framework governing the interception of communications. Legislative frameworks governing the subject matter have also been changed by the standards set by the practice of the ECtHR. The implementation of the ECHR into the British legal system has imposed higher privacy protection standards as guaranteed by Art. 8 ECHR, in an environment where the common law approach that “the police can do whatever they want as long as it is not prohibited by law” was no longer sustainable. The specific feature of the legislative regulation of special evidentiary actions in the United Kingdom is manifested, for some special evidentiary actions, through the absence of judicial control, at least in the phase of issuing and extending orders for their implementation. Today, the area in question is governed by a special Regulation of Investigatory Powers Act 2000 (RIPA), Investigatory Powers Act 2016 (IPA), and related Codes of Practice, however not by the Criminal Procedure Code, as is the case in the countries with a continental legal tradition. In this paper, the author analyses the legislative changes that preceded the enactment of the Regulation of Investigatory Powers Act 2000, as well as the new Investigatory Powers Act 2016 that be described as the biggest reform of British interception regulation, as it has, for the first time in the UK, incorporated a judicial element for the power to interception. In this context, the question arises as to whether recent legislative changes meet the standards as established by the ECtHR. Consequently, conclusions are presented concerning the revised concept of the subject matter.
      PubDate: 2022-07-31
      DOI: 10.25234/pv/16994
      Issue No: Vol. 38, No. 2 (2022)
       
 
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