IZVOĐENjE DOKAZA VJEŠTAČENjEM U PARNIČNOM POSTUPKU: ostvaruju li se načela vladavine prava?

2021 ◽  
Author(s):  
Dejan Bodul ◽  
◽  
Hana Porobija ◽  
Keyword(s):  
Legal Framework ◽  
Individual Characteristic ◽  
The European Union ◽  
Unethical Behaviour ◽  
Telephone Interviews ◽  
Civil Proceedings ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
Method Of Abstraction

The paper deals with the issues of control of court experts in civil proceedings by the court as well as the question of how much the civil court really manages the expertise. The analysis of the judicatures points to practical problems arising from expertise in civil proceedings, in parallel detecting the reasons for such problems in expert proceedings both in the Republic of Croatia and in the European Union. Individual characteristic cases from practice are the subject of qualitative research because the intention of the analysis was twofold. On the one hand, identify concrete examples of unethical behaviour, and on the other hand, use the method of abstraction and indicative method of establishing facts to point out to systematic gaps that may pose a risk of unethical behaviour in the justice sector, regardless of existing mechanisms to strengthen judicial integrity. For the purpose of the analysis, telephone interviews were conducted among judges, lawyers and court experts. The conducted interviews of targeted respondents serve to further verify the credibility of the results of this analysis. The collected data indicate practical problems in the implementation of certain legal solutions. The perspective of the interviewed interlocutors is based on the knowledge and experience gained in practice, which is certainly an important factor in assessing the improvement, but also the degree of optimization of the existing legal framework of the subject-matter complex of problems.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

OSTVARIVANjE ZALOŽNIH PRAVA U STEČAJNOM POSTUPKU IZ VREDNOSTI OPTEREĆENE IMOVINE

2021 ◽  
Author(s):  
Vladimir Kozar ◽  
Keyword(s):  
Legal Framework ◽  
Purchase Price ◽  
Legal Practice ◽  
The Real Estate ◽  
Legal Provisions ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Secured Creditors

The article analyzes the legal provisions, legal practice, as well as the opinions of jurisprudence on creditors with rights to separate settlement and pledge creditors as two special categories of secured creditors. The opening of bankruptcy proceedings over the owner of the real estate under the mortgage or of the movable property under pledge has a significant impact on the process of exercising rights and the position of secured creditors. The bankruptcy legal framework in the Republic of Serbia, on the one hand, limits their rights, and on the other hand, provides significant guarantees, by prescribing more specific institutes that further improve the position of secured creditors in the sale of encumbered assets of the bankruptcy debtor, which is the subject of this paper. First of all, the rules that condition the leasing of the encumbered asset of the bankruptcy debtor with the consent of creditors with rights to separate settlement and pledge creditors are considered. Also, the influence of the moratorium on the realization of liens by settling claims from the value of encumbered asset is presented, as a possibility of abrogation of the legal prohibition of individual execution. The procedure of the realization of the preemptive right on the subject of the right to seek separate settlement and on the subject of lien, in the case of the method of sale by direct agreement, as well as the application of the credit bidding institute (possibility for the creditor to offset his secured claim with the purchase price, in case he is the best bidder), have been explained.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

Local-level Nudging for Renewables in Slovenia: Organisational Aspects and Legal Limitations

2020 ◽  
Vol 18 (3) ◽  
pp. 523-556
Author(s):  
Luka Martin Tomazic
Keyword(s):  
Renewable Energy ◽  
Local Level ◽  
State Level ◽  
Legal Framework ◽  
Local Energy ◽  
The European Union ◽  
Policy Goals ◽  
National Legal System ◽  
The Republic ◽  
Positive Effect

Proliferation of renewable energy is high on the agenda of the European Union. In it, local government plays an important role. Besides traditional regulatory approaches such as legislation, nudging could have a positive effect on achieving the desired policy goals. This article analyses the legal framework within which the local-level practice of nudging is embedded in the Republic of Slovenia. Since EU-level legislation and ECHR aspects are analysed as well, the application of findings is broader than merely the national legal system. Nudging could be performed either by using the existing infrastructure or through the creation of local energy organisations. Three main groups of legal limitations are identified, namely state-level limitations, GDPR-related concerns and constitutional or human rights considerations. Defaults and individualised informing are emphasized as two of the most promising nudge-types in the field of renewable energy.

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

scholarly journals Modelling and Prognosis of the Export of the Republic of Serbia by Using Seasonal Holt-Winters and Arima Method

2016 ◽  
Vol 54 (2) ◽  
pp. 233-260 ◽  
Author(s):  
Jelena Mladenović ◽  
Vinko Lepojević ◽  
Vesna Janković-Milić
Keyword(s):  
Agricultural Production ◽  
Balance Of Payments ◽  
Bilateral Agreements ◽  
Labour Costs ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
High Degree ◽  
Insight Into

Abstract Low labour costs as one of the key sources of export stimulation, the competitive advantage of domestic agricultural production and bilateral agreements with partner countries - all promote export as a potentially significant factor of encouragement of economic development of the Republic of Serbia.Taking into account this fact, on the one hand, and balance of payments problems that Serbia has been facing over the years, on the other hand, the subject of this paper is an analysis of trends in the Republic of Serbia export and explanation of variations in the export trends during the period from 2004 to 2014. The aim of the paper is to explore export trends forecast from January to December 2015.The analysis uses Holt-Winters and ARIMA methods for analyszing time series.The paper provides insight into the export trend forecasts for the period of 12 months, and thus confirms the possibility of practical usage of the time series analysis methods in forecasting macroeconomic variables such as export. The used methods identify increase of export during the summer and its decrease after October 2015. The paper establishes the existence of a high degree of congruence between forecasts obtained by using two methods, which confirm a high quality of the elaborated methods in the analysis of exports.

scholarly journals Modified Legal Framework and Opening of the Liner Shipping Market in the Republic of Croatia to Shipping Companies from the European Economic Area

2017 ◽  
Vol 6 (2) ◽  
pp. 140-146
Author(s):  
Nikola Mandić
Keyword(s):  
European Union ◽  
Public Transport ◽  
Legal Framework ◽  
Liner Shipping ◽  
Transitional Period ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
The Republic

Generally speaking, public transport is the transport of persons and cargo available for use to the general public, performed on the basis of a transport contract. Public transport costal liner shipping is the transport of passengers, cargo and vehicles in the internal marine waters and territorial sea ofthe Republic of Croatia performed on pre-established lines in compliance with the published terms and conditions of the sailing schedule and services pricelist. The Act on Transport in Liner Shipping and Occasional Costal Maritime Transport established the public transport system in the Republic of Croatia, ensuring regular connection of inhabited islands with the mainland and other inhabited islands, as well as between coastal towns, with an appropriate number of daily two-way connections, to improve the conditions of island life and stimulate their development. Prior to the accession of the Republic of Croatia to the European Union, the maritime liner shipping market in the Republic of Croatia was reserved primarily for Croatian shipping companies. Now, following the expiry of the transitional period negotiated in pre-accession negotiations with the European Union and the expiry of previously concluded concession contracts, the market is opening up to shipping companies from the European Economic Area. Hence, over the last couple of years, the Republic of Croatia was required to modify its legal framework regulating this subject matter. This paper presents novelties in the legal framework introduced in 2016 and 2017, which directly affect the opening of the maritime liner shipping market in the Republic of Croatia to shipping companies from the European Economic Area, with the critical analysis of the new solutions.

scholarly journals Tax control and inspection supervision in the Republic of Serbia: Characteristics of the legal framework and the need for coordination

Ekonomika ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 75-90
Author(s):  
Milan Rapajić ◽  
Milivoje Lapčević ◽  
Violeta Miladinović
Keyword(s):  
Tax Evasion ◽  
Legal Framework ◽  
General Law ◽  
Official Control ◽  
Tax Laws ◽  
The Subject ◽  
Comprehensive Reform ◽  
The Law ◽  
The Republic ◽  
Rule Out

Today, the success of entire tax system is viewed through the effectiveness of tax control. Tax control activities are performed by tax inspectors with special authorities, duties and responsibilities, and its purpose is to control whether taxpayers activities comply with tax laws and regulations. With the adoption of the Law on inspection supervision, the Republic of Serbia has implemented a crucial, comprehensive reform of inspection bodies and the process of inspection supervision which has been of great significance for public administration, economy and citizens. The provisions of this law are applied to tax procedures based on the principle of subsidiarity, while the activities of tax inspection are mostly based on the provisions of the Law on tax procedure and tax administration. In tax procedures, the issues which are not regulated by the general Law on inspection supervision, are the subject of another specific law-however, the direct application of the specific law cannot rule out or restrict the application of the law which governs the issues of inspection supervision and official control which are not regulated by the specific law. In this paper, the author discusses the similarities and differences between two laws and solutions for their harmonization underlining their advantages and weaknesses aimed at ensuring the maximum compliance with tax laws and reduction of tax evasion and shadow economy.

scholarly journals An evaluation and analysis framework of integration policies as exemplified by foreigner integration policies — the experiences of selected European states

2019 ◽  
Vol 26 ◽  
pp. 9-22
Author(s):  
Agnieszka Kulesa
Keyword(s):  
Union Member ◽  
The European Union ◽  
Analysis Framework ◽  
Integration Policy ◽  
Member States ◽  
Eu Member States ◽  
Integration Policies ◽  
The Subject ◽  
The One ◽  
European Union Member States

The subject of the considerations undertaken in the article is evaluation and analysis of integration policy, i.e. the one that concerns the integration of foreigners. Integration is understood as a dynamic, two-way process of mutual accommodation by all immigrants and residents of the European Union Member States (EU MS). The article aims at deepening the reflection on what it means to evaluate and analyse the integration policy defined this way as well as presenting the attempts to develop relevant frameworks in selected EU Member States.

scholarly journals Legal framework for establishing a single maritime transport space without barriers

2016 ◽  
Vol 52 (1) ◽  
pp. 165-182
Author(s):  
Biserka Rukavina ◽  
Loris Rak ◽  
Silvana Buneta
Keyword(s):  
European Union ◽  
Information System ◽  
European Commission ◽  
European Parliament ◽  
Legal Framework ◽  
Traffic Monitoring ◽  
Maritime Transport ◽  
The European Union ◽  
Member States ◽  
The Republic

This paper provides an overview of activities of the European Commission for establishing a single European maritime transport space and indicates whether and to what extent the adopted strategy documents have established their operations in practice. Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/ EC, as well as Directive 2002/59/EC of the European Parliament and of the Council establishing the Community vessel traffic monitoring and information system, which represent significant legislative achievements of the European Union in the process of reducing administrative burdens to which ships are exposed in the maritime transport, are particularly analyzed. Reasons for amending Directive 2002/59/EC are especially explained. In the last part of the paper, authors review the achievements of the Republic of Croatia regarding the implementation of measures for the establishment of a single European maritime transport space. Based on the results of a comparative overview of solutions contained in the Directives and Croatian bylaws, authors point to the existence of non-compliance and to the need for further action.

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