Pravni vjesnik

THE IMPORTANCE OF THE PRINCIPLE OF CONTINUITY AND PRIMACY OF NATIONALITY ON THE EXAMPLE OF THE CASE OF COUNT DRAŠKOVIĆ

Frane Staničić — 2024-11-08

In denationalization procedures, that is, the right to compensation and/or return of confiscated property according to the Law on Compensation for Property Confiscated During the Yugoslav Communist Rule, the question of nationality is (was) extremely important. Namely, from 1996 to 2002, foreign nationals did not have the right to be entitled to compensation. Since 2002, the holder of the right to compensation is any previous owner, regardless of nationality, whose right to compensation for confiscated property is not regulated by an intergovernmental agreement. Therefore, the question of nationality is still important for the possibility of instigating denationalization procedures. In the mentioned procedures, until 2002, the question could arise as to whether a person was a Croatian national or not, that is, after 2002, the question could arise as to whether a person was a national of a state with which there is an intergovernmental agreement on compensation for confiscated property. In determining the nationality of a potential recipient of compensation, two principles of nationality law are extremely important - the principle of continuity and the principle of the primacy of nationality. The paper will analyze these two principles and their application in the denationalization process will be shown in the case of count Drašković.

UNDERREPRESENTATION OF WOMEN IN PARLIAMENT AFTER THE INTRODUCTION OF ELECTORAL GENDER QUOTAS

Mira Lulić — 2024-11-08

The article studies the legal issue of women’s political (under)representation in the Croatian Parliament from the independence of the Republic of Croatia to the present day, with a special focus on the ineffectiveness of electoral gender quotas as positive measures to increase the number of women in parliament. Namely, Croatia is the only country in the European Union that introduced electoral gender quotas by law, after which it recorded a serious decrease in the number of women in parliament. The Gender Equality Act in 2008 and Act on the Election of the Members of the Croatian Parliament (amendments 2015) prescribes 40 % quotas for each gender. However, not only did these quotas fail to achieve the expected result, but unexpectedly, the number of women parliamentarians in Croatia even decreased after their introduction. For every modern legal state and democratic society, it is very important to understand how electoral gender quotas work and how they can positively affect the representation of women in political decision-making. Care should be taken in determining what legislative solutions and political activities should be undertaken to increase the number of women in parliaments. The article begins by addressing the definition and terminological challenges associated with basic terms, and then proceeds to offer an overview and analysis of positive legal regulations on electoral gender quotas and equality within the legal system of Croatia. Furthermore, the article provides an analysis of the number of women in the Croatian Parliament across all previous parliamentary elections from the country’s independence to the present day. In conclusion, it proposes a thorough and effective redefinition and redesign of existing solutions for electoral gender quotas, advocating for concrete measures and activities aimed at increasing the number of female parliamentarians in the Croatian Parliament. Although this research topic has predominantly been explored by political scientists in Croatian academia, it is also a legal matter. Given the lack of research in the field of law, this article aims to address this gap in legal science. In addition to employing standard scientific methods common in the scientific field of law, quantitative scientific methods are also used in the study.

VALIDITY OF THE SALE OF GOODS CONTRACT – CHARACTERISTICS OF CHINESE LAW

Mihaela Braut Filipović — 2024-11-08

The paper presents the development of Chinese contract law, which underwent significant legislative changes from the 1980s until the adoption of the Civil Code of China in 2020. Although the legislative models of Croatian and Chinese legislators largely overlap, the paper discusses whether Chinese law comprises any specific solutions, particularly influenced by the ideological philosophies, of Confucianism and communism, which prevail in Chinese culture and legal system. The paper examines the specifics of concluding the sale of goods contracts between Croatian and Chinese traders. The research questions deal with the implementation of the UN Convention on the International Sale of Goods and legal challenges to the validity of contracts when Chinese law applies. The author identifies two key challenges to the validity of the contract according to Chinese law, namely its form and content, as well as the scope of application of the principle of party autonomy. Contractual solutions are proposed to avoid some dubious interpretations before the Chinese courts. In conclusion, this article contributes to understanding the context of Chinese commercial contract law and its legal framework, and enhances thereby the party’s legitimate expectations and the quality of drafting sales of goods contract when engaging in business with Chinese traders.

ON THE WAY TOWARDS GENDER EQUALITY FOR WOMEN IN CROATIAN SOCIETY

Anita Blagojević — 2024-11-08

After more than half a century since the beginning of a global movement for women’s rights, humanity still has a long way to go before achieving true gender equality. Currently, achieving equality of women and men is an important political and strategic goal at the global and European levels, as well as in the Republic of Croatia. This paper aims to provide a brief overview of the historical development of women’s rights in global and national contexts, to analyse the legislative and institutional framework of protection of women’s rights to equality and non-discrimination in the Republic of Croatia, and to present current data on the equality index of women and men in the Republic of Croatia based on international measurements. In conclusion, the current status of women on the way to achieving gender equality in Croatian society will be reviewed critically.

EXPECTED CONTRIBUTIONS AND CHALLENGES IN THE IMPLEMENTATION OF THE EUROPEAN UNION REGULATION ON DEFORESTATION – FREE SUPPLY CHAINS (EUDR)

Rajko Odobaša — 2024-11-08

In order to stop the alarming pace of global deforestation and forest degradation, the Union adopted Regulation 2023/1115 on supply chains without deforestation (European Union’s Deforestation Regulation – EUDR). The key articles of the Regulation must be applied by large economic entities and traders from 30 December 2024. The Regulation is an expression of the regulatory will of the Union to influence the global stop of deforestation more strongly than with its previous relevant legal acts and policies, but also to contribute to sustainable forest management, restoration of biodiversity and climate stabilization. Zero deforestation and afforestation are of crucial importance for the preservation of irreplaceable ecological, economic, and social services that forests contribute to the well-being of man, and probably to his survival. The EUDR prescribes measures aimed at establishing safe and sustainable global supply chains that will not place on or export from the EU market timber, beef, cocoa, coffee, palm oil, rubber and soy and their products, the production of which is linked to deforestation or forest degradation anywhere in the world. This also promotes the responsible consumption of targeted goods and products whose production is not related to the expansion of agriculture as the most common cause of deforestation and forest degradation. The paper analyses the motives, goals, and structure of the EUDR, as well as the foreseen system of obligations and responsibilities of economic entities and traders, competent national authorities, and customs of the member states of the Union and the EU Commission for the supply or export from the European market of goods and products that after 31 December 2020 are not related to deforestation and forest degradation. The research was conducted by use of data and information sources and the application of legal, political, economic, sociological, and environmental analysis and synthesis methods.

THE (NON) JUSTIFICATION OF LOWERING THE AGE OF CRIMINAL RESPONSIBILITY IN THE FEDERATION OF BOSNIA AND HERZEGOVINA

Vedad Gurda — 2024-11-08

In the middle of 2023, a thirteen-year-old elementary school student in Lukavac (Bosnia and Herzegovina) shot a teacher with a firearm, causing him life-threatening injuries. It happened just one month after a much more monstrous crime had been committed by his peer in a school in Belgrade. Taking into consideration that in accordance with the positive (juvenile) criminal legislation in the Federation of Bosnia and Herzegovina, young persons of that age cannot be prosecuted by the criminal justice authorities, because the age limit for the onset of criminal responsibility is 14 years, in light of the aforementioned events, one of the vice presidents of the Federation of Bosnia and Herzegovina submitted an initiative to the competent Ministry of Justice to amend the relevant legislation by lowering, or redefining the age limit for the onset of criminal responsibility. The paper presents different models of defining the age limits of criminal responsibility in comparative law, as well as tendencies related to their lowering, i.e. raising in the national laws of countries around the world in the last few decades. After that, the paper analyses the relevant international and supranational legal standards in this area, as well as the results of certain (neuro) scientific research related to this issue. Based on all of the above, it is concluded that the initiative to lower or redefine the age of criminal responsibility in the Federation of Bosnia and Herzegovina does not have a valid scientific and legal foundation and that it represents a kind of moral panic and penal populism.