Original scientific paper
Reflections on legal rights and duties of the Republic of Croatia in the international community, and especially in the European Union
Degan Vladimir Đuro
orcid.org/0000-0001-6884-1189
; Jadranski Zavod HAZU, Zagreb, Hrvatska
Abstract
Fascist and Communist regimes. Croatia and other States in transition have inherited mainly the negative aspects of the Communist rule concerning their legal orders. The matter is, above all, the discordance between the normative picture of enacted legal texts and assumed international obligations, and the actual wish to put them in practice in good faith. In order to bring peace and stop the crimes in armed conflicts, the world diplomacy has contributed to this situation. There were false promises made to new States during their struggle for independence and international recognition without the intention to fulfill them. Nevertheless, small States like Croatia will best enhance their international position by harmonizing their policies with international law. However, they sometimes neglect to insist on the fulfillment of their actual rights provided in treaties in force and in applicable rules of general international law. Perhaps they are not aware of all the rights they can enjoy on this basis. At the same time, their Governments raise certain claims in evident conflict with their assumed legal obligations. An example of the later, discussed in more detail in this paper, is the attempt to alter the internal law on the European Arrest Warrant after all Member States of the European Union have adopted the Treaty concerning its accession.
Keywords
Marxist concept of law; discordance between legal norms and reality; States` rights under treaties and custom; frontiers; European Arrest Warrant; the primacy of European law
Hrčak ID:
135033
URI
Publication date:
17.12.2014.
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