| Publisher: Josip Juraj Strossmayer University of Osijek
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Pravni Vjesnik
Number of Followers: 0  Open Access journalISSN (Print) 0352-5317 - ISSN (Online) 1849-0840 Published by Josip Juraj Strossmayer University of Osijek  [3 journals]
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- CONTRIBUTION TO TEACHINGS ON THE SOURCES OF LAW
Authors: Žaklina Harašić
Pages: 7 - 22
Abstract: One of the goals of this work is to point out the efforts of modern studies on the sources of law to reduce the traditional sources of law - material, ethical, formal and cognitive - to formal sources of law. It is argued that the concept of the source of law, which includes the mentioned types and the phenomena they contain, is too broad, and that these phenomena have only the fact that legal norms spring from them. Here, in our opinion, the problem arises as to how to consider the phenomena from which law undoubtedly arises, especially those that fall under the material and ethical types. The problem can be solved by calling material sources legal relations, and ethical sources legal values. In addition, there is another problem that many (formal) sources also have some material and/or ethical characteristics. Likewise, we pointed out the connection between legal sources and arguments, meaning by arguments regulations and what are usually considered arguments (a. a contrario, a. a simile ad simili, a. a fortiori). We proposed a possible list of legal sources, where the main problem is that, in compiling it, it is not possible to apply one (same) criterion.
PubDate: 2023-02-03
DOI: 10.25234/pv/24920
Issue No: Vol. 38, No. 3-4 (2023)
- POSITION OF WORKERS IN CORPORATE TAKEOVERS
Authors: Antonija Zubović
Pages: 23 - 44
Abstract: A takeover bid is one of the main methods of acquiring voting control in a listed company. By acquiring the voting control, the majority shareholder gains the power to influence or determine corporate decisions, which can significantly affect not only the position of the shareholders, but also the position of a much wider circle of stakeholders. It is not to be disputed that takeovers significantly affect workers’ positions; therefore the paper analyses the regulatory framework governing the position of workers in takeover procedures in European and Croatian law. The analysed solutions are compared with the solutions adopted in Slovenian and French law. While Slovenian legislation has adopted solutions that are very similar to Croatian, the French legislator has given greater rights to workers both in the takeover procedure and in the post-bid period. The paper also presents the results of a survey conducted on the Croatian capital market on the use of workers’ rights granted to them by the Croatian Takeover Act. It is concluded that workers exercise these rights, but to an insufficient extent.
PubDate: 2023-02-03
DOI: 10.25234/pv/22024
Issue No: Vol. 38, No. 3-4 (2023)
- THE CONCEPT OF CITIZEN IN THE CROATIAN AND YUGOSLAV CONSTITUTIONAL ORDERS
FROM 1944 UNTIL 1990
Authors: Ivan Kosnica
Pages: 45 - 58
Abstract: The paper relates to the concept of citizen in the Croatian and Yugoslav constitutional orders from 1944 until 1990. The paper deals with the analysis of the most important constitutional acts that affected citizens starting from those enacted by the Yugoslav and Croatian authorities at the end of the Second World War and its aftermath. In addition, the paper conducts an analysis into the federal and republican constitutional law of 1953, federal and republican constitution of 1963 and federal and republican constitution of 1974. The paper sets forth that the authorities shaped the concept of citizen in line with the socialistic principles while at the same time gradually abandoning individual approach towards citizens. In addition, it is pointed out that socialistic constitutions emphasized class terminology in their constitutional texts and interests of the community over the individual interests. Furthermore, the paper indicates that in the constitutional acts, specifically those enacted in the aftermath of the Second World War and in the acts of 1974, the authority emphasized ethnic equality as an important feature of the constitution.
PubDate: 2023-02-03
DOI: 10.25234/pv/22509
Issue No: Vol. 38, No. 3-4 (2023)
- THE MAIN FEATURES OF THE INHERITANCE LAW IN THE STATUTE OF CRES-OSOR 1441
Authors: Jelena Kasap
Pages: 59 - 84
Abstract: Particular attention in this research is paid to the regulation of property relations arising after the death of the testator in the Statute of Cres-Osor. The provisions regulating inheritance relations among family members in the content of this source confirm the importance of the family as a community as well as the importance of family property within this late mediaeval commune. In this regard, the Statute of Cres-Osor shows specific features. The equality of male and female descendants when it comes to intestate inheritance is marked by the inheritance regulation of the rare communes of the Kvarner region, including the Cres commune. In this regard, it is important to determine the position of women in marriage and family. In a period when under the influence of the reception of different legal sources, primarily of the Venetian and Byzantine ones, most Adriatic communes adopted almost identical features of inheritance law, in which the inheritance of family property is linked to a certain degree of kinship. The Statute regulated testamentary freedom and free disposal of property according to the will of the testator or for religious purposes. As the systematic analysis of the legal provisions of the statute is merely the subject of the discussions in academic community, a detailed analysis of hereditary relationships regulated by the provisions of this source will certainly contribute to understanding of the legal reality of this mediaeval island commune. This research conducts a detailed analysis into the legal source, and compares specific provisions of other close communes in order to analyse inheritance by will and intestate inheritance regulation as well as other important issues such as the position of certain categories of heirs. Moreover, it aims at detecting the origin of a separate regulation of hereditary relations in this island community.
PubDate: 2023-02-03
DOI: 10.25234/pv/23804
Issue No: Vol. 38, No. 3-4 (2023)
- THE PROBLEM OF “WEIGHT” OF CONFLICTING CONSTITUTIONAL PRINCIPLES IN
THE PROPORTIONALITY ANALYSIS (BALANCING)
Authors: Marin Keršić
Pages: 85 - 108
Abstract: This paper deals with the antinomies between constitutional principles by analysing balancing as one of the methods to solve the problem. More specifically, the author focuses on the balancing test in the context of proportionality and the question of the “weight” of the right. Firstly, the paper analyses the notions of constitutional principles and antinomies. Next, these notions are contextualised in the legal system of the Republic of Croatia using the example of the conflict between the protection of private and family life, dignity, reputation, and honour (Art. 35 of the Constitution of the Republic of Croatia), freedom of thought and expression (Art. 38 of the Constitution of the Republic of Croatia). By deploying the analysis of the practice of the Constitutional Court of the Republic of Croatia and the European Court of Human Rights in the mentioned conflict, the paper presents theoretical conclusions regarding balancing and the question of the “weight” of the rights. The paper has two goals: First, point out the problems present in the balancing test related to the idea of the “weight” of the rights; second, present proposals that may lead to a clearer understanding of the notions introduced.
PubDate: 2023-02-03
DOI: 10.25234/pv/22523
Issue No: Vol. 38, No. 3-4 (2023)
- MOBBING IN THE WORKPLACE AMONG RESPONDENTS - TEACHERS EMPLOYED IN
SECONDARY SCHOOLS OF THE CITY OF POZEGA, POZESKO-SLAVONSKA COUNTY,
REPUBLIC OF CROATIA
Authors: Dragana Bjelić Gaćeša
Pages: 109 - 132
Abstract: Initial research into the phenomenon of workplace mobbing dates back to 1972 and was conducted in Sweden. Of exceptional importance for determining the existence of mobbing, is a proper understanding of the behaviour that can be subsumed under the term as well as its clear distinction from the usual conflicts in the workplace and various forms of harassment. The aim of the present paper is to check the existence of mobbing in the workplace among respondents – teachers employed in secondary schools in the City of Pozega, Republic of Croatia. In this sense, the paper is divided into two parts in terms of content: theoretical and special part. In the theoretical part of the paper, mobbing will be conceptually defined and its distinction towards harassment as a form of discrimination will be analyzed. The theoretical part of the paper includes an overview of earlier research into mobbing in the EU and the Republic of Croatia and an analysis of the procedure for obtaining legal protection in the case of mobbing in accordance with applicable regulations of the Republic of Croatia. A special part of the paper is dedicated to the analysis of the results collected by the conducted empirical research. The mentioned research included 350 teachers employed in six secondary schools in the City of Pozega. These are the Gymnasium, the School of Economics, the Technical School, the School of Crafts, the School of Agriculture and Food and the Music School. At the end of the paper, the author presents concluding remarks in which she gives recommendations for improving the detected problems.
PubDate: 2023-02-03
DOI: 10.25234/pv/22114
Issue No: Vol. 38, No. 3-4 (2023)
- INSIGHTS INTO THE ACTIVITIES OF CIVIL SOCIETY IN CROATIA DURING THE
PANDEMIC OF THE COVID-19 DISEASE
Authors: Danijel Baturina
Pages: 133 - 158
Abstract: The COVID-19 pandemic that started at the beginning of 2020 has put great constraints and significant challenges in organization of social and economic life. This paper analyses the civil society response to the COVID-19 pandemic and presents specific adaptations and opportunities to contribute to the society in the circumstances of the COVID-19 pandemic. The stories that civil society organizations published on the webpage ZADobroBIT.hr have been analysed by the means of a qualitative research. Thematic analysis in different scopes of activities shows that civil society organizations were more focused on the general population and various vulnerable groups. Vulnerable groups were recognized as those needing particular additional support in the course of this period. The activities aiming at general population focused on newly emerged needs related to civil protection. Civil society also worked on keeping the everyday routines in communities by conducting various types of activities. Informing and educating aimed at creating new and maintaining existing information and educational practices that adapted to pandemic circumstances. The results of the research show also that organizations have significantly changed, and quickly adapted their work with the help of technology and by using volunteer work. The results of the analysis suggest that civil society has proved flexible and able to respond quickly to emerging social needs, but also emphasized the contextual limitations of the actions. Thus, the paper discusses the position and role of civil society in the “new normal“, and the impact it has on its further development in the Croatian social and political environment.
PubDate: 2023-02-03
DOI: 10.25234/pv/22774
Issue No: Vol. 38, No. 3-4 (2023)
- CONFLICTS OF INTEREST BETWEEN LOCAL GOVERNMENTS AND CENTRAL LEGISLATION
– HOW FINANCIALLY INDEPENDENT CAN LOCAL GOVERNMENTS BE
Authors: Zsolt Pfeffer
Pages: 159 - 182
Abstract: Rights and responsibilities of local governments are defined by the central legislature, in accordance with the given country’s rules, traditions, institutions of constitutional and administrative law. To perform public duties they need financial resources, incomes and wealth. Above these, the right of disposition, financial and economic autonomy have to be provided, moreover, the possibility to receive suitable subsidies from central budget. The proportion and guarantees of the income are important too, as the autonomy of local governments depending from central subsidies may be injured. The question of primary importance is that where are the limits of the mentioned autonomy, protected by various constitutional provisions and international legal documents, how the legislature is able to control the law of taxation, to enter transactions that give rise to debts, or how to withdraw different resources from local governments. The central withdrawal and reallocation of resources may raise the issue of local government solidarity. As well as the extent to which the property and income of local governments can be limited. According to the practice of the various constitutional courts and the supreme courts (American, French, German and Hungarian judicature), the rights and authorities of local governments are not unlimited. Although, local governments have to get effective protection, but after all it is the state who determines the content and the framework of relevant legal regulations for local governments. Therefore, within the constitutional framework, the central legislature has a serious opportunity to intervene in protected autonomy by withdrawing or reallocating revenues, assets or subsidies. The research method of the study is primarily financial and administrative legal analysis and legal comparison: in addition to international, constitutional and legal (American, German, French, Hungarian) rules, the basic characteristics of local government financial autonomy are presented based on the principles worked out in various Supreme Court and Constitutional Court decisions elements, as well as the limitations that said autonomy must face as a result of the decisions of the central legislature. The subject of the research is the financial autonomy of local governments and its legal limitations, which point out that autonomy - unfortunately, cannot be unlimited. Local taxation, own revenues and subsidies can indeed provide adequate foundations for independent local government management, however, since local governments must adapt in the state’s central system of public administration and public finances, therefore, within the constitutional framework, the central legislation can make decisions that adversely affect their incomes, budgets and assets.
PubDate: 2023-02-03
DOI: 10.25234/pv/22916
Issue No: Vol. 38, No. 3-4 (2023)
- SOME ISSUES RELATED TO THE PROCEDURE OF THE ACTION BY STAGES IN THE CASE
LAW OF CROATIAN COURTS
Authors: Vedrana Švedl Blažeka
Pages: 183 - 201
Abstract: The action by stages was introduced into the Croatian civil procedure law by the 2003 Law on Amendments to the Civil Procedure Act, with the aim of increasing the general quality and efficiency in providing legal protection and improving the general functioning of civil procedure. Courts do not keep records of the number of received actions by stages lawsuits, but available case law indicates that difficulties do exist and thus the need for a serious approach to this issue. The aim of this paper is to point out the importance of understanding the legal institute of action by stages with an emphasis on its practical application. Participants in court proceedings who apply to the court by filing an action by stages must be aware of its legal effects at certain stages of civil proceedings. On the other hand, the court must also ensure the lawful application of this institute so as not to commit procedural violations that would jeopardize the litigants’ legal position. In this regard, the analysis of this legal institute is necessary in order to remove practical doubts and ensure its legal function. Research results of this paper have confirmed that practical doubts should not be neglected and that there is room to consider a more efficient solution than the one in existence.
PubDate: 2023-02-03
DOI: 10.25234/pv/20922
Issue No: Vol. 38, No. 3-4 (2023)
- BOOK REVIEW: BARBARA PISKER, KRITIČKA PRAVNA TEORIJA: IZVORI, ZNAČAJKE I
DOSEZI, VELEUČILIŠTE U POŽEGI, POŽEGA, 2022.
Authors: Goran Bašić
Pages: 203 - 204
Abstract: BOOK REVIEW: Barbara Pisker, Kritička pravna teorija : izvori, značajke i dosezi, Veleučilište u Požegi, Požega, 2022.
PubDate: 2023-02-03
DOI: 10.25234/pv/23315
Issue No: Vol. 38, No. 3-4 (2023)
- REPORT OF THE INTERNATIONAL CONFERENCE: EUROCRIM 2022: 22. GODIŠNJA
KONFERENCIJA EUROPSKOG UDRUŽENJA ZA KRIMINOLOGIJU, MALAGA, ŠPANJOLSKA,
21. – 24. RUJNA 2022.
Authors: Karlo Bojčić, Petra Šprem
Pages: 205 - 209
Abstract: REPORT OF THE INTERNATIONAL CONFERENCE: EUROCRIM 2022: 22. GODIŠNJA KONFERENCIJA EUROPSKOG UDRUŽENJA ZA KRIMINOLOGIJU, MALAGA, ŠPANJOLSKA, 21. – 24. RUJNA 2022.
PubDate: 2023-02-03
DOI: 10.25234/pv/24095
Issue No: Vol. 38, No. 3-4 (2023)
- REPORT OF THE INTERNATIONAL CONFERENCE: THE 2022 EAPIL AARHUS CONFERENCE,
AARHUS, DENMARK, JUNE 2-4, 2022.
Authors: Jura Golub
Pages: 211 - 213
Abstract: REPORT OF THE INTERNATIONAL CONFERENCE: THE 2022 EAPIL AARHUS CONFERENCE, AARHUS, DENMARK, JUNE 2-4, 2022.
PubDate: 2023-02-03
DOI: 10.25234/pv/24063
Issue No: Vol. 38, No. 3-4 (2023)
