{"title":"Ovrha na virtualnim valutama","authors":"Jelena Arambašić","doi":"10.3935/zpfz.74.1.05","DOIUrl":"https://doi.org/10.3935/zpfz.74.1.05","url":null,"abstract":",","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"199 S589","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140730861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The principle of transparency is one of the basic principles for conducting public procurement procedures. The consistent application of the aforementioned principle ensures the availability of all necessary information about the public procurement procedure to interested economic entities, but also ensures the transparency of the actions of the contracting authority when conducting the procedure and making the selection decision. Nevertheless, the principle of transparency must not be absolute, since in some public procurement procedures there will be information that economic entities do not want to make publicly available for good reason. Therefore, the question of how to balance the principle of transparency with the principle of data confidentiality has become one of the most important issues of public procurement law at the EU level, but also in the Republic of Croatia. In this paper, we will present, explain and define the principle of transparency and the principle of data confidentiality and the current legislative arrangement in the Republic of Croatia. Also, we will present the important issues of the principle of transparency and the principle of data confidentiality before the European Court of Human Rights, as well as the Court of Justice of the European Union. Finally, we will present how this issue has been resolved in the law of the United Kingdom, and we will give concrete proposals on how to amend the Croatian public procurement legislation in order to ensure a balance between the principles of transparency and data confidentiality in public procurement procedures.
{"title":"O sukobu načela transparentnosti i prava na tajnost podataka u pravu javne nabave Republike Hrvatske","authors":"Romina Štaba, Marko Turudić","doi":"10.3935/zpfz.74.1.04","DOIUrl":"https://doi.org/10.3935/zpfz.74.1.04","url":null,"abstract":"The principle of transparency is one of the basic principles for conducting public procurement procedures. The consistent application of the aforementioned principle ensures the availability of all necessary information about the public procurement procedure to interested economic entities, but also ensures the transparency of the actions of the contracting authority when conducting the procedure and making the selection decision. Nevertheless, the principle of transparency must not be absolute, since in some public procurement procedures there will be information that economic entities do not want to make publicly available for good reason. Therefore, the question of how to balance the principle of transparency with the principle of data confidentiality has become one of the most important issues of public procurement law at the EU level, but also in the Republic of Croatia. In this paper, we will present, explain and define the principle of transparency and the principle of data confidentiality and the current legislative arrangement in the Republic of Croatia. Also, we will present the important issues of the principle of transparency and the principle of data confidentiality before the European Court of Human Rights, as well as the Court of Justice of the European Union. Finally, we will present how this issue has been resolved in the law of the United Kingdom, and we will give concrete proposals on how to amend the Croatian public procurement legislation in order to ensure a balance between the principles of transparency and data confidentiality in public procurement procedures.","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140729436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper deals with social and economic provisions in the legal order of the Banovina of Croatia. These provisions were enacted by the state authorities and the authorities of the Banovina of Croatia. The aim of this normative activity was to solve or mitigate the consequences of the social and economic crisis. Specifically, it concerned the regulations that gave specific material rights to certain social groups, the Decree on the Protection of Peasant Property from Foreclosure, regulations that established price supervision and control, intervention and forced purchase, and some other business restrictions. Based on the analysed material, the author concluded that the normative activity in the sphere of social and economic relations reflected a change in the understanding of the function of state authorities and the position of the citizen in the legal order. Basically, it concerned taking into account the interests of the community at the expense of individual interests of the citizens.
{"title":"Socijalne i ekonomske odredbe u pravnom poretku Banovine Hrvatske","authors":"Ivan Kosnica","doi":"10.3935/zpfz.74.1.03","DOIUrl":"https://doi.org/10.3935/zpfz.74.1.03","url":null,"abstract":"The paper deals with social and economic provisions in the legal order of the Banovina of Croatia. These provisions were enacted by the state authorities and the authorities of the Banovina of Croatia. The aim of this normative activity was to solve or mitigate the consequences of the social and economic crisis. Specifically, it concerned the regulations that gave specific material rights to certain social groups, the Decree on the Protection of Peasant Property from Foreclosure, regulations that established price supervision and control, intervention and forced purchase, and some other business restrictions. Based on the analysed material, the author concluded that the normative activity in the sphere of social and economic relations reflected a change in the understanding of the function of state authorities and the position of the citizen in the legal order. Basically, it concerned taking into account the interests of the community at the expense of individual interests of the citizens.","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"181 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140731042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
changes where they appear purposeful and necessary.
在有目的和必要的情况下进行修改。
{"title":"Izazovi posebnog dijela kaznenog prava zbog razvoja umjetne inteligencije uz poseban osvrt na hrvatsko kazneno pravo","authors":"Igor Vuletić, Ante Novokmet, Zvonimir Tomičić","doi":"10.3935/zpfz.74.1.01","DOIUrl":"https://doi.org/10.3935/zpfz.74.1.01","url":null,"abstract":"changes where they appear purposeful and necessary.","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"82 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140729193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article critically analyses the Polish institution of assessor (junior judge) and the impact of hampering this institution’s independence on decisions of other European courts. Using the dogmatic-legal method, the authors conclude that procedures of nominating assessors and ending their periods of service do not respect the right to a fair trial guaranteed in the European Convention on Human Rights, and in EU law. Assessors adjudicate mainly in a one-person bench. Thus, although under EU law states should only exceptionally verify if decisions made by other states respect fundamental rights, such verifications may become routine.
{"title":"The Questionable Independence of Polish Assessors and Its Effects on the European Legal Order","authors":"Marcin Dorochowicz, B. Gronowska, Piotr Sadowski","doi":"10.3935/zpfz.73.6.02","DOIUrl":"https://doi.org/10.3935/zpfz.73.6.02","url":null,"abstract":"This article critically analyses the Polish institution of assessor (junior judge) and the impact of hampering this institution’s independence on decisions of other European courts. Using the dogmatic-legal method, the authors conclude that procedures of nominating assessors and ending their periods of service do not respect the right to a fair trial guaranteed in the European Convention on Human Rights, and in EU law. Assessors adjudicate mainly in a one-person bench. Thus, although under EU law states should only exceptionally verify if decisions made by other states respect fundamental rights, such verifications may become routine.","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"171 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140280490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The concept of legal normativity is inherently ambiguous. What qualifies as law, and by which criterion do we define it? The ongoing debate has for a long time revolved around its typologies. Yet, delving into the intricacies of the various players, their roles, and content creation within the legal game remains a formidable undertaking. Despite the consideration of various perspectives by the contemporary legal theory, the discourse sometimes remains superficial. Why does a segment of legal scholarship continue to assert that laws enacted by the legislature are the only convincingly viable source of legal norms? This paradigm, which one could connect with the allure of legal sentences as general and abstract norms contained within a legal code, may have a deeper and more complex epistemic origin than we imagine. There is something peculiar about our European-Continental legal culture, it seems. “Oh, a rule we shall follow? Write it down, pass it as law and I might consider it.” The persistent preoccupation with an abstract, all-encompassing system of knowledge highlights the serious attention given to this form of legal normativity. Despite the vast efficacy of such an approach, however, there will always be at least one critical step separating it from completely seizing our reality. As the numerous Slovenian authors of the here reviewed and recently published work Judge-made law have convincingly argued: It is none other than the judge whom the privilege of this very step belongs to. With the arising complexity of our social orders and various predicaments regarding applicable law, only the judge both can and must intervene in the equilibrium-establishing process, framed by the ever so persistent proliferation of legal regulation on one front while effectively resolving a (legal) dispute on the other.
{"title":"Book review: Aleš Novak and Marijan Pavčnik (eds.), SODNIŠKO PRAVO (eng. Judge-made law), Lexpera, GV Založba, Ljubljana, 2023","authors":"Timotej Obreza","doi":"10.3935/zpfz.73.6.06","DOIUrl":"https://doi.org/10.3935/zpfz.73.6.06","url":null,"abstract":"The concept of legal normativity is inherently ambiguous. What qualifies as law, and by which criterion do we define it? The ongoing debate has for a long time revolved around its typologies. Yet, delving into the intricacies of the various players, their roles, and content creation within the legal game remains a formidable undertaking. Despite the consideration of various perspectives by the contemporary legal theory, the discourse sometimes remains superficial. Why does a segment of legal scholarship continue to assert that laws enacted by the legislature are the only convincingly viable source of legal norms? This paradigm, which one could connect with the allure of legal sentences as general and abstract norms contained within a legal code, may have a deeper and more complex epistemic origin than we imagine. There is something peculiar about our European-Continental legal culture, it seems. “Oh, a rule we shall follow? Write it down, pass it as law and I might consider it.” The persistent preoccupation with an abstract, all-encompassing system of knowledge highlights the serious attention given to this form of legal normativity. Despite the vast efficacy of such an approach, however, there will always be at least one critical step separating it from completely seizing our reality. As the numerous Slovenian authors of the here reviewed and recently published work Judge-made law have convincingly argued: It is none other than the judge whom the privilege of this very step belongs to. With the arising complexity of our social orders and various predicaments regarding applicable law, only the judge both can and must intervene in the equilibrium-establishing process, framed by the ever so persistent proliferation of legal regulation on one front while effectively resolving a (legal) dispute on the other.","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"51 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140280168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper explores various dimensions of the legal principle of university autonomy as defined within the framework of studies conducted by the EUA. These are organisation, financial, staffing and academic autonomy. Their essential features are questioned from the angle of their formative concretisation in the legal system of the Republic of Croatia. In the context of the foundation of the EHEA, which necessarily includes the need for harmonisation of the autonomy principle as the supreme legal principle in European (national) higher education and science systems, such harmonisation, in addition to the perspective of normativism, is also discussed in the context of social objectives and functions placed before universities as a measure of accomplishment of their autonomy and public responsibility.
{"title":"Functions of Protecting the Principle of University Autonomy","authors":"Ksenija Grubišić","doi":"10.3935/zpfz.73.6.03","DOIUrl":"https://doi.org/10.3935/zpfz.73.6.03","url":null,"abstract":"This paper explores various dimensions of the legal principle of university autonomy as defined within the framework of studies conducted by the EUA. These are organisation, financial, staffing and academic autonomy. Their essential features are questioned from the angle of their formative concretisation in the legal system of the Republic of Croatia. In the context of the foundation of the EHEA, which necessarily includes the need for harmonisation of the autonomy principle as the supreme legal principle in European (national) higher education and science systems, such harmonisation, in addition to the perspective of normativism, is also discussed in the context of social objectives and functions placed before universities as a measure of accomplishment of their autonomy and public responsibility.","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"48 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140271381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There are statements in contemporary legal discussion that undermine the legitimacy of maintaining the institution of usucaption in specific legal orders. It is uncertain if there is any justification for acquisitive prescription at all. European law experience is also familiar with this discussion. The institution of usucaption is not a uniform concept – there are many variants in different countries. Are we really talking about one institution or different ones, depending on the existence of one prerequisite or another? One of the prerequisites for acquisitive prescription, not present in every legal system, is interesting - the prerequisite of ‘just cause of usucapion’. Polish law does not require such a prerequisite, for instance. The basic and unquestionable requirement of usucaption in the classical legal development of this institution, in Roman Law, is unquestionable. The first statements of such jurists as Trebatius, Sabinus and Cassius show us the first conceptualization of acquisitive prescription, in which the just cause of usucaption prerequisite is immediately present and affects the nature of this legal institution - without it, these jurists did not see the possibility of acquiring things by usucapio.
{"title":"Just Title as Justification for Acquisitive Prescription: Global Discussion and Roman Legal Roots","authors":"Kamil Stolarski","doi":"10.3935/zpfz.73.6.05","DOIUrl":"https://doi.org/10.3935/zpfz.73.6.05","url":null,"abstract":"There are statements in contemporary legal discussion that undermine the legitimacy of maintaining the institution of usucaption in specific legal orders. It is uncertain if there is any justification for acquisitive prescription at all. European law experience is also familiar with this discussion. The institution of usucaption is not a uniform concept – there are many variants in different countries. Are we really talking about one institution or different ones, depending on the existence of one prerequisite or another? One of the prerequisites for acquisitive prescription, not present in every legal system, is interesting - the prerequisite of ‘just cause of usucapion’. Polish law does not require such a prerequisite, for instance. The basic and unquestionable requirement of usucaption in the classical legal development of this institution, in Roman Law, is unquestionable. The first statements of such jurists as Trebatius, Sabinus and Cassius show us the first conceptualization of acquisitive prescription, in which the just cause of usucaption prerequisite is immediately present and affects the nature of this legal institution - without it, these jurists did not see the possibility of acquiring things by usucapio.","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"254 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140275579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Throughout history, the legal regulation of holidays has been the product of human needs for rest and entertainment, religious beliefs, and pragmatic economic imperatives dictating the optimal use of time to produce goods. The first part of the article examines the significance of the division between dies fasti and dies nefasti and explores the categorisation of holidays in the Roman pagan era and their legal implications. The author then looks at the origins of Sunday as a day of rest and considers Theodosius’ reform of the Roman calendar. This reform established the liturgical year in the emerging Christian state, and enduringly shaped the calendar of most European countries. The third part considers the attitude of the late Roman state towards Jewish and pagan festivals, and the innovations in medieval ecclesiastical legislation concerning holidays. The final section of the paper reflects on the role of tradition in the state’s recognition of religious festivals as public holidays.
{"title":"De feriis in Roman-Canonical Legal Tradition","authors":"Vid Žepič","doi":"10.3935/zpfz.73.6.04","DOIUrl":"https://doi.org/10.3935/zpfz.73.6.04","url":null,"abstract":"Throughout history, the legal regulation of holidays has been the product of human needs for rest and entertainment, religious beliefs, and pragmatic economic imperatives dictating the optimal use of time to produce goods. The first part of the article examines the significance of the division between dies fasti and dies nefasti and explores the categorisation of holidays in the Roman pagan era and their legal implications. The author then looks at the origins of Sunday as a day of rest and considers Theodosius’ reform of the Roman calendar. This reform established the liturgical year in the emerging Christian state, and enduringly shaped the calendar of most European countries. The third part considers the attitude of the late Roman state towards Jewish and pagan festivals, and the innovations in medieval ecclesiastical legislation concerning holidays. The final section of the paper reflects on the role of tradition in the state’s recognition of religious festivals as public holidays.","PeriodicalId":34908,"journal":{"name":"Zbornik Pravnog Fakulteta u Zagrebu","volume":"197 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140270734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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