Analiza pojedinih statističkih pokazatelja učinkovitosti hrvatskog građanskog pravosuđa

The intention of this paper is to provide an analysis of certain statistical indicators regarding the efficiency of the Croatian civil judiciary, since efficiency is one of the most important aspects of the judiciary. After a brief overview of different statistical indicators which may be used to measure the efficiency of the judiciary, this paper focuses on the analysis of the statistical indicators disposition time (hereinafter: DT) and clearance rate (hereinafter: CR), used by the European Commission for the Efficiency of Justice (hereinafter: CEPEJ) and the statistical indicators regarding the number of unresolved cases, the number of judges and the number of resolved cases per judge published by the ministry competent for the judiciary. Although CEPEJ’s statistical indicators should be used cautiously due to methodological inconsistencies in the data, the paper concludes that these statistical indicators are useful to the extent that they can point to structural flaws in the judiciary system or can point to a trend of rise or decline in the judiciary’s efficiency. The central part of the paper focuses on the analysis of the DT and CR statistical indicators for the Croatian judiciary in general and compares it to the DT and CR statistical indicators for the judiciaries in other EU Member States. Further, the paper analyzes the statistical data published by the ministry competent for the judiciary regarding the number of unresolved cases, the number of judges and the number of resolved cases per judge, drawing conclusions therefrom on the efficiency of different parts of the Croatian judiciary. Also, historical statistical data published by the ministry competent for the judiciary are analyzed to show whether systematic problems in efficiency of concrete parts of the judiciary exist, as opposed to short-term efficiency shortfalls. The paper also highlights the lack of adequate, publicly available statistical data on the efficiency of the judiciary which limits the possibility of reaching a conclusion on the causes for such lower efficiency. The paper concludes that, taking into consideration the publicly available data, it is possible to reach conclusions as to which parts of the judiciary have lower efficiency, those being litigation procedures, especially before first instance municipal courts. However, there are no publicly available data that would show the causes for the lower efficiency of these parts of the judiciary, even though public authorities have means at their disposal to obtain and publish such relevant data. Such practice by public authorities hinders further efforts of the interested public to focus the discussion on the real causes for the lower efficiency of the Croatian judiciary and ultimately, on the necessary reforms aimed at increasing its efficiency.

Pobojnost namjernog oštećenja vjerovnika stečajnog dužnika

It is clear from the case law of Croatian courts that intentional disadvantaging the creditors (regulated in Article 202 of the Insolvency Act) is the most commonly used ground for contesting the legal transactions of an insolvent debtor. On this ground, all legal transactions undertaken in the suspect period of as long as ten years before the submission of the application for opening (pre-)insolvency proceedings until the opening insolvency proceedings can be contested. The authorized contester, however, in litigation has a tall order of proving not only that the debtor took action with the intent to disadvantage its creditors but also that the opponent of the contestation was aware of that intent. The debtor’s intent to disadvantage its creditors and the awareness of the opponent of the contestation are both determined on the basis of objective indications that are at the heart of the analysis of this paper. Incongruent settlement, the unequal value of consideration, unusual contractual clauses, the proximity of the insolvency debtor and the opponent of the contestation, and the debtor’s (threatening) inability to pay his debts are most often recognized in case law as indications of intentional disadvantaging the creditors of an insolvent debtor. In addition to certain objections to the normative regulation of the institute itself, especially regarding the drafting of presumptions that make it easier to prove the contester’s awareness of the debtor’s intention to disadvantage its creditors, the paper presents a critical assessment of case law that could facilitate its harmonization and serve as a guide to authorized contesters as to whether it is appropriate to engage in contestation or not.

Review EUROCRIM 2021, 21. godišnja konferencija Europskog udruženja za kriminologiju “Criminology in a time of pandemic”, 8. – 10. rujna 2021., online konferencija

Review of the conference EUROCRIM 2021, 21st Annual Conference of the European Society of Criminology “Criminology in a time of pandemic”, 8 – 10 September 2021.

Review Dalibor Čepulo, “Hrvatska pravna povijest u europskom kontekstu – od srednjeg vijeka do suvremenog doba”, treće prošireno i izmijenjeno izdanje, Sveučilište u Zagrebu, Pravni fakultet, Zagreb, 2021.

Review of the university textbook written by Prof. Dr. Dalibor Čepulo, “Hrvatska pravna povijest u europskom kontekstu – od srednjeg vijeka do suvremenog doba”, third expanded and revised edition, University of Zagreb, Faculty of Law, Zagreb, 2021.

Vizura hrvatskog maloljetničkog kaznenog prava pri odlučivanju o maloljetničkom zatvoru i njegovu pridržaju – postoje li kriteriji ili je sve diskrecijska odluka suda

Juvenile courts throughout Croatia impose sanctions on juvenile offenders (juveniles). Their decision-making often raises issues of their discretion in deciding on the application of juvenile sanctions, especially juvenile incarceration and its suspension (Reservation of the Right to Impose the Sentence of Juvenile Incarceration), which can be a significant issue in terms of the uniformity of the juvenile case law. Therefore, the research sought to examine whether there are certain formal criteria for distinguishing the application of juvenile incarceration from its suspension (Reservation of the Right to Impose the Sentence of Juvenile Incarceration), or if there are criteria that judges use when deciding when and in which cases to apply juvenile imprisonment, and when its suspension. Consequently, the following Hypothesis is set: There are criteria for distinguishing the application of juvenile incarceration from the suspension of sentence of juvenile incarceration (Reservation of the Right to Impose the Sentence of Juvenile Incarceration). Normative - descriptive, qualitative and descriptive analyses were used to test the hypothesis in the research.

Prigovor kao pravni lijek prema Zakonu o općem upravnom postupku

In addition to resolving administrative matters in the administrative procedure, the Croatian General Administrative Procedure Act regulates five other types of subsidiary legal protection that are not decided by an administrative act. These are three types of administrative actions (initiating procedure ex officio by petition; notifications on the conditions for exercising and protecting rights; protection from other actions of public law bodies), actions of public service providers, as well as non-fulfillment of contractual obligations by public bodies (administrative contracts). As an instrument of legal protection with regard to the mentioned forms of administrative activity, an ordinary appellate procedure is envisaged – the complaint. The paper analyzes the legislative genesis of the mentioned additional institutes, the general regulatory framework related to complaints, as well as the provisions related to a particular type of complaint. Due to the significant differences between the five legal institutes to which the complaint relates, there are also certain differences between the types of complaints in their essential legal features. These features are compared horizontally, using legal-theoretical and normative criteria. In relation to all types of complaints, a judicial remedy is provided in the administrative dispute. Therefore, the specifics of this type of administrative disputes are also considered. In conclusion, among other issues, the procedural importance of complaint for the realization of the rights and legal interests of citizens and legal entities, and indirectly for the quality of administrative activities, is emphasized.

Ugovorna odgovornost liječnika u rimskom pravu

The paper explores the emergence of contractual liability of physicians in Roman law. Although medicine was in its rudimentary form, the question of the nature of medical liability was problematized as early as the antiquity, when the principle of a physician’s responsibility for negligence, but not necessarily for the ultimate success of a treatment, developed. After initial considerations aimed at identifying who was to be recognised as a physician and what qualifications had to be met in order to be considered a part of the medical profession, through the analysis of legal sources, the central part of the paper aims to determine the legal nature of the contract and, accordingly, the legal protection available to the patient. The final part of the paper examines the preconditions for medical liability, as well as compensation, and concludes with a review of the basic principles that laid the foundation for further development of a physician’s liability for damage caused by a violation of medical science standards.

Integracija poslova ureda državne uprave u županijsku upravu: dosadašnji rezultati

In January 2020, the county state administration offices, as former first-instance state administration bodies, ceased to operate. By legislative amendments of October 2019, most of their tasks were transferred to the counties’ delegated scope of affairs. The paper presents the peculiarities of the legal regime of delegated scope of affairs and it introduces the organizational forms that the counties are using in order to perform the delegated tasks. The first results of the abolition of county administrative offices are evaluated on the basis of semi-structured interviews conducted with the heads of county administration bodies responsible for general administration affairs. The results obtained so far are classified into three categories. The first category consists of the positive results of this organizational change: better material rights of employees, better working conditions and unchanged or slightly improved position of citizens. The second category consists of the negative results: weaker control exercised by the central government and the loss of control over general acts of units of local self-government. The third category consists of open questions: whether there will be a new increase in the number of employees, or whether their current reduction will affect the quality of work; what is the position of the county governor and whether politicization will increase; what is the future role of counties and whether there can be inequality in the performance of delegated state tasks between counties. The paper represents the basis for further evaluation studies on the abolition of county state administration offices and opens the doors for further research.

Mogućnost zloupotrebe prava u postupku javnog nadmetanja za prodaju nekretnina u izvršnom postupku u pravu BiH

The primary goal of the reformed enforcement law in Bosnia and Herzegovina (B&H) is efficient compensation. However, many impediments exist. In this paper, the authors present some of the problems and potential abuses of procedural rights in the enforcement law of B&H. Two instances of abuse of rights regarding real estate are presented, which can open the doorway to other abuses, as well. Also, the abuse of procedural rights in the enforcement procedure is seen as underexplored in legislation, doctrine and case law. The paper addresses similarities and differences between the entities’ and the Brcko District legal systems regarding the presented abuses, as well as comparative law. It is focused on the analysis of legislation and the interpretation thereof in light of recent case law in B&H and problems arising from it. The identified problems often prevent the goal of the enforcement procedure from being fulfilled. The paper has two parts, each dealing with one instance of abuse. The first part concerns the engineering of the most favourable offer in the bidding. The second part concerns the problem of a fictional offer to purchase real estate in the bidding and the character of the deposit. The paper provides suggestions for amending legislation based on some good legal solutions in the region.

Izvršenje presuda Europskog suda za ljudska prava u građanskopravnim međunarodnim otmicama djece u Republici Hrvatskoj – nova otvorena pitanja

The European Court of Human Rights (ECtHR) established a violation of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in several cases of international parental child abduction before Croatian courts. The length and the manner in which the proceedings concerning the return of the child were conducted constituted grounds for establishment of a violation of the right to a fair trial and the right to respect for private and family life. The execution of these judgments is still pending before the Committee of Ministers, despite the fact that the measures ordered resulted with a modified Croatian legal regime introduced through the Act on the Application of the Convention on the Civil Aspects of International Child Abduction. The Act includes a number of procedural improvements which align the practice of Croatian courts with international and European standards. However, the judgment of the ECtHR in Adžić v Croatia (no. 2) reveals that there is still no unambiguous answer to the question whether extraordinary appellate proceedings should be permitted in child abduction cases. Hence, the authors critically analyse the possibility of initiating an extraordinary appellate proceedings in these cases from a civil procedure and private international law aspect. The conclusion takes into account the specific circumstances of the case at hand as well as the case law of the ECtHR in relevant cases concerning other contracting states.