Izvorni znanstveni članak
Legal aid in civil matters between the Republic of Croatia and the Republic of Macedonia
Aleksandra Maganić
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
The paper presents the fundamental features of international legal aid between the Republic of Croatia and the Republic of Macedonia, and the sources of law governing the matter. Special attention is given to the relationship between a bilateral agreement on legal aid concluded between Croatia and Macedonia and multilateral agreement(s) to which both states are signatories, and which regulate the issues of service and presentation of evidence. The thesis about the priority of an international bilateral agreement over a multilateral one is analysed and arguments are presented concerning the need for the application of the “most favourable law” for the contracting parties. The fundamental legislative frameworks of dejudicialisation of both countries are presented. There is an implied need in both countries for a redefinition of “other bodies in need of legal aid which participate in making decisions in civil matters”, and for new legislation which has or will have a significant impact on international legal aid between Croatia and Macedonia. Existing European provisions regulating the presentation of evidence and service are analysed, along with some possible implications of their application. Some changes to the area of international legal aid between the countries of former Yugoslavia de lege ferenda are also presented.
Ključne riječi
international legal aid; bilateral international agreements; multilateral international agreements; free legal aid; presentation of evidence; service
Hrčak ID:
66863
URI
Datum izdavanja:
20.3.2011.
Posjeta: 5.905 *