{"title":"PRIKAZ 15. SKUPA DRUŠTVA BIBLIO TEKARA PRAVNIH I SRODNIH KNJIŽNICA U MOSTARU 13. I 14. LIPNJA 2019. GODINE – OKRUGLI STOL “FAKULTETSKE KNJIŽNICE U NASTAVI I NJIHOV POLOŽAJ NA FAKULTETU: OKVIR ZA PROMJENE”","authors":"B. Salatić","doi":"10.25234/PV/9277","DOIUrl":"https://doi.org/10.25234/PV/9277","url":null,"abstract":"","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46549417","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 article presents the results of the comparative analysis of the regulatory frameworks of social entrepreneurship in selected EU countries. It seeks to provide insights into the issue that would be of value for Croatia. Additional contribution of the research is the SWOT analysis of social entrepreneurship in Croatia based on the information obtained in the semistructured interviews with key entrepreneurs and experts in the field. The purpose of the article is twofold: firstly, to reaffirm social entrepreneurship and its potential, and secondly, to enhance the understanding and contribute to the discussion on the attempts to improve social entrepreneurship in Croatia.
{"title":"ANALIZA SOCIJALNOG PODUZETNIŠTVA U HRVATSKOJ S KOMPARATIVNIM OSVRTOM NA REGULATORNI OKVIR","authors":"Ina Vojvodić, Ružica Šimić Banović","doi":"10.25234/PV/8023","DOIUrl":"https://doi.org/10.25234/PV/8023","url":null,"abstract":"The article presents the results of the comparative analysis of the regulatory frameworks of social entrepreneurship in selected EU countries. It seeks to provide insights into the issue that would be of value for Croatia. Additional contribution of the research is the SWOT analysis of social entrepreneurship in Croatia based on the information obtained in the semistructured interviews with key entrepreneurs and experts in the field. The purpose of the article is twofold: firstly, to reaffirm social entrepreneurship and its potential, and secondly, to enhance the understanding and contribute to the discussion on the attempts to improve social entrepreneurship in Croatia.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49489400","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}
BOOK REVIEW – IVAN KOPRIC “USPAVANO SRCE DEMOKRACIJE: LOKALNA SAMOUPRAVA ZA GRAĐANE I ZAJEDNICU”
书评-伊凡·科普里奇“昏昏欲睡的心民主：LOKALNA SAMOUPRAVA ZA GRA Der ANE I ZAJEDNICU”
{"title":"PREDSTAVLJANJE KNJIGE PROF. DR. SC. IVANA KOPRIĆA „USPAVANO SRCE DEMOKRACIJE: LOKALNA SAMOUPRAVA ZA GRAĐANE I ZAJEDNICU“","authors":"Ana Đanić Čeko","doi":"10.25234/PV/8895","DOIUrl":"https://doi.org/10.25234/PV/8895","url":null,"abstract":"BOOK REVIEW – IVAN KOPRIC “USPAVANO SRCE DEMOKRACIJE: LOKALNA SAMOUPRAVA ZA GRAĐANE I ZAJEDNICU”","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42620099","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}
In line with international and European human rights instruments and standards, the EU Member States are under obligation to protect children from all forms of violence. The establishment of a holistic child protection system is the primary obligation of each EU Member State and a prerequisite for the effective protection of children. An integrated child protection system covers a wide range of comprehensive and integrated measures, and includes multi-disciplinary, crosssectorial and inter-agency cooperation of all duty-bearers. Due to migration to the EU and mobility within the EU, the number of cross-border and transnational child protection situations has been increasing. These situations require cooperation between social welfare, judicial, investigative and other authorities in different EU Member States. This paper gives an overview of the EU legislation and policies relevant to child protection, and examines the EU’s role in reinforcing the protection of children against violence.
{"title":"VIOLENCE AGAINST CHILDREN AND INTEGRATED CHILD PROTECTION SYSTEMS IN THE EUROPEAN UNION","authors":"Ivana Rešetar Čulo","doi":"10.25234/PV/5852","DOIUrl":"https://doi.org/10.25234/PV/5852","url":null,"abstract":"In line with international and European human rights instruments and standards, the EU Member States are under obligation to protect children from all forms of violence. The establishment of a holistic child protection system is the primary obligation of each EU Member State and a prerequisite for the effective protection of children. An integrated child protection system covers a wide range of comprehensive and integrated measures, and includes multi-disciplinary, crosssectorial and inter-agency cooperation of all duty-bearers. Due to migration to the EU and mobility within the EU, the number of cross-border and transnational child protection situations has been increasing. These situations require cooperation between social welfare, judicial, investigative and other authorities in different EU Member States. This paper gives an overview of the EU legislation and policies relevant to child protection, and examines the EU’s role in reinforcing the protection of children against violence.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46797599","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}
In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, and socially unspecific and varied. The variance in meanings ascribed to a child is evident in legislative definitions, especially on the issue of child marriage. Child marriage, a human rights violation is a legal or customary union in which one or both spouses are below the age of 18. This practice is prevalent in most communities in sub-Saharan Africa. Arguably, it robs children of the opportunity to enjoy childhood and experience dependence, protection, and care. Rather, it turns them into protectors, nurturers, and providers. Children are shoved with the responsibility of being parents through child marriage. Thus, creating no demarcation between the role and responsibility of an adult and a child. Given that children are ill-prepared for marriage and its concomitant elements such as sex, psychological, emotional and physical maturity to be spouses and possibly parents, this paper argues that the journey to self-discovery and identity is at the intersection of culture, law, and religion. The clash between religious and cultural autonomy is a pervasive problem for national and international laws, one that arises because of claims of immunity from child protection and marriage provisions on the grounds of cultural or religious autonomy. Informed by observation during fieldwork in Southern African countries and literature on cultural relativism, this paper suggests that the clash between cultural autonomy and child marriage prohibition is best addressed through a legal pluralist perspective. This perspective seeks to bridge the gap between customary law, national laws, and international treaties, and requires sensitivity to the economic and socio-cultural factors behind the persistence of child marriage.
{"title":"THE CHILD IN A CHILD: CHILD MARRIAGE AND LOST IDENTITY IN SOUTHERN AFRICA","authors":"Jane C. Diala","doi":"10.25234/PV/5729","DOIUrl":"https://doi.org/10.25234/PV/5729","url":null,"abstract":"In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, and socially unspecific and varied. The variance in meanings ascribed to a child is evident in legislative definitions, especially on the issue of child marriage. Child marriage, a human rights violation is a legal or customary union in which one or both spouses are below the age of 18. This practice is prevalent in most communities in sub-Saharan Africa. Arguably, it robs children of the opportunity to enjoy childhood and experience dependence, protection, and care. Rather, it turns them into protectors, nurturers, and providers. Children are shoved with the responsibility of being parents through child marriage. Thus, creating no demarcation between the role and responsibility of an adult and a child. Given that children are ill-prepared for marriage and its concomitant elements such as sex, psychological, emotional and physical maturity to be spouses and possibly parents, this paper argues that the journey to self-discovery and identity is at the intersection of culture, law, and religion. The clash between religious and cultural autonomy is a pervasive problem for national and international laws, one that arises because of claims of immunity from child protection and marriage provisions on the grounds of cultural or religious autonomy. Informed by observation during fieldwork in Southern African countries and literature on cultural relativism, this paper suggests that the clash between cultural autonomy and child marriage prohibition is best addressed through a legal pluralist perspective. This perspective seeks to bridge the gap between customary law, national laws, and international treaties, and requires sensitivity to the economic and socio-cultural factors behind the persistence of child marriage.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48270710","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 purpose of the established system of the proceedings in cases of international child abduction, as set out in the Hague Convention on Child Abduction, which has been strengthened, in relation to the EU Member States, by the provisions of the Brussels II bis Regulation, is to secure a prompt return of the child that has been wrongfully removed or retained to his/her Member State of origin. The return of the child must provide full protection of the child both in the state where the child was unlawfully resident and in the state where the child has to return. In these respect, the competent authorities have at their disposal legal mechanisms for provisional and protective measures provided for by the Brussels II bis Regulation and the Hague Convention on Measures for the Protection of Children. The possibility of taking these measures will depend on the national law of the state in question and on the specific circumstances of the case. In this paper, a legal framework will be presented for the imposition of provisional measures in cases of cross-border child abduction, which will be supported by the case law of the Court of Justice of the European Union. Case examples gathered under the project “Cross-border removal and retention of a child – Croatian practice and European expectations” will illustrate the difficulties encountered by the courts in the Republic of Croatia when it comes to applying the relevant provisions.
{"title":"PROVISIONAL MEASURES AND CHILD ABDUCTION PROCEEDINGS","authors":"M. Župan, S. Ledić, Martina Drventić","doi":"10.25234/PV/5995","DOIUrl":"https://doi.org/10.25234/PV/5995","url":null,"abstract":"The purpose of the established system of the proceedings in cases of international child abduction, as set out in the Hague Convention on Child Abduction, which has been strengthened, in relation to the EU Member States, by the provisions of the Brussels II bis Regulation, is to secure a prompt return of the child that has been wrongfully removed or retained to his/her Member State of origin. The return of the child must provide full protection of the child both in the state where the child was unlawfully resident and in the state where the child has to return. In these respect, the competent authorities have at their disposal legal mechanisms for provisional and protective measures provided for by the Brussels II bis Regulation and the Hague Convention on Measures for the Protection of Children. The possibility of taking these measures will depend on the national law of the state in question and on the specific circumstances of the case. In this paper, a legal framework will be presented for the imposition of provisional measures in cases of cross-border child abduction, which will be supported by the case law of the Court of Justice of the European Union. Case examples gathered under the project “Cross-border removal and retention of a child – Croatian practice and European expectations” will illustrate the difficulties encountered by the courts in the Republic of Croatia when it comes to applying the relevant provisions.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44076696","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}
U radu se razmatra razvoj temeljnih obilježja politickih prava u Kraljevini Srba, Hrvata i Slovenaca u vremenu od nastanka države do proglasenja Sestosijecanjske diktature 1929. godine. Autori kao temeljna obilježja politickih prava u prvim godinama Kraljevine SHS detektiraju znacajnu prisutnost nacionalnog kriterija pri definiranju ovlastenika politickih prava, zatim nejednakost državljana u pogledu birackog prava, autoritarnost vlasti u reguliranju, ali i mogucnostima ostvarenja politickih prava te partikularizam u uređenju politickih prava. Autori nadalje analiziraju odnos Ustava prema temeljnim obilježjima politickih prava te argumentiraju tezu da su usprkos odredbama Ustava, osnovne smjernice razvoja politickih prava prisutne u predustavnom razdoblju, bile u znacajnoj mjeri vidljive i kasnije.
{"title":"POLITIČKA PRAVA U KRALJEVINI SRBA, HRVATA I SLOVENACA: RAZVOJ TEMELJNIH OBILJEŽJA","authors":"Ivan Kosnica, Martina Protega","doi":"10.25234/PV/7989","DOIUrl":"https://doi.org/10.25234/PV/7989","url":null,"abstract":"U radu se razmatra razvoj temeljnih obilježja politickih prava u Kraljevini Srba, Hrvata i Slovenaca u vremenu od nastanka države do proglasenja Sestosijecanjske diktature 1929. godine. Autori kao temeljna obilježja politickih prava u prvim godinama Kraljevine SHS detektiraju znacajnu prisutnost nacionalnog kriterija pri definiranju ovlastenika politickih prava, zatim nejednakost državljana u pogledu birackog prava, autoritarnost vlasti u reguliranju, ali i mogucnostima ostvarenja politickih prava te partikularizam u uređenju politickih prava. Autori nadalje analiziraju odnos Ustava prema temeljnim obilježjima politickih prava te argumentiraju tezu da su usprkos odredbama Ustava, osnovne smjernice razvoja politickih prava prisutne u predustavnom razdoblju, bile u znacajnoj mjeri vidljive i kasnije.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43331993","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}
Claim for usual compensation is one of several ways in which civil law protection of trademarks is provided under the European and Croatian law. The right to this claim is stipulated by Article 78 para. 2 of the Trademarks Act and Article 129 para. 5 of the new Trademarks Act Proposal. Since the claim for usual compensation is not the only way of trademarks protection, a legal question arises as to the relation of such a claim to other claims, specifically to the damages claim and the claim arising out of gains without legal foundation. In addition to the relation of the claim for usual compensation to other similar claims, a standpoint is that the rules on gains without legal foundation apply to the claims for usual compensation, which makes the trademark holder’s procedural position easier. Regarding determination of the usual compensation, the paper refers to the importance of various circumstances (e.g. the trademark reputation and the common profit margin) paying attention to quota licenses. Finally, the paper elaborates on the issues of difficulties in proving violations of trademark holder’s exclusive rights and the amount of the usual compensation. In this regard, it focuses on the issues of data provision claim and taking of evidence claim under the Trademarks Act and the new Trademarks Act Proposal.
{"title":"ZAHTJEV ZA UOBIČAJENOM NAKNADOM PREMA ZAKONU O ŽIGU I NOVOM PRIJEDLOGU ZAKONA O ŽIGU","authors":"Tomislav Jakšić","doi":"10.25234/PV/7861","DOIUrl":"https://doi.org/10.25234/PV/7861","url":null,"abstract":"Claim for usual compensation is one of several ways in which civil law protection of trademarks is provided under the European and Croatian law. The right to this claim is stipulated by Article 78 para. 2 of the Trademarks Act and Article 129 para. 5 of the new Trademarks Act Proposal. Since the claim for usual compensation is not the only way of trademarks protection, a legal question arises as to the relation of such a claim to other claims, specifically to the damages claim and the claim arising out of gains without legal foundation. In addition to the relation of the claim for usual compensation to other similar claims, a standpoint is that the rules on gains without legal foundation apply to the claims for usual compensation, which makes the trademark holder’s procedural position easier. Regarding determination of the usual compensation, the paper refers to the importance of various circumstances (e.g. the trademark reputation and the common profit margin) paying attention to quota licenses. Finally, the paper elaborates on the issues of difficulties in proving violations of trademark holder’s exclusive rights and the amount of the usual compensation. In this regard, it focuses on the issues of data provision claim and taking of evidence claim under the Trademarks Act and the new Trademarks Act Proposal.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47988166","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 analyses the issue of Catalonia’s request to secede from Spain. The first part of the paper deals with the historical development of Catalan demands for autonomy and independence. Thereafter, a more elaborate overview of modern times follows in the comparison of these secessionist demands to those by the Scottish secessionists. The paper provides a systematic review and analysis of Spanish legal regulations, in the first place referring to constitutional law, and other provisions of the national legal order relevant in this context. In addition to analysing whether the Catalan secessionists have the right to self-determination (and secession) under Spanish law, the issues are also analysed whether they are entitled to that right by international and/or EU law. The demands for self-determination and secession outside the colonial context addressed to the central authorities in the modern and democratic multi-ethnic states have become the most demanding and controversial issues in international law and have triggered a great debate among scientists and experts. The phenomenon of secessionist movements in the liberal and economically powerful states thus gives a new dimension to self-determination as a continuous right, invoking the democratic right of the people to choose and vote on the legal, political, economic, and any other future of the area they inhabit. Such examples are exceptional and rare, hence important, because they provide an insight into whether and how secessionists can legalise and legitimise their demands for secession in liberal democracies.
{"title":"FENOMEN SECESIONISTIČKIH ZAHTJEVA U DEMOKRATSKIM DRŽAVAMA: SLUČAJ KATALONIJE U USPOREDBI SA ŠKOTSKOM","authors":"Mira Lulić","doi":"10.25234/PV/7716","DOIUrl":"https://doi.org/10.25234/PV/7716","url":null,"abstract":"The paper analyses the issue of Catalonia’s request to secede from Spain. The first part of the paper deals with the historical development of Catalan demands for autonomy and independence. Thereafter, a more elaborate overview of modern times follows in the comparison of these secessionist demands to those by the Scottish secessionists. The paper provides a systematic review and analysis of Spanish legal regulations, in the first place referring to constitutional law, and other provisions of the national legal order relevant in this context. In addition to analysing whether the Catalan secessionists have the right to self-determination (and secession) under Spanish law, the issues are also analysed whether they are entitled to that right by international and/or EU law. The demands for self-determination and secession outside the colonial context addressed to the central authorities in the modern and democratic multi-ethnic states have become the most demanding and controversial issues in international law and have triggered a great debate among scientists and experts. The phenomenon of secessionist movements in the liberal and economically powerful states thus gives a new dimension to self-determination as a continuous right, invoking the democratic right of the people to choose and vote on the legal, political, economic, and any other future of the area they inhabit. Such examples are exceptional and rare, hence important, because they provide an insight into whether and how secessionists can legalise and legitimise their demands for secession in liberal democracies.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46247381","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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