{"title":"A holistic approach to extra-judicial enforcement and private debt collection: A comparative account of trends, empirical evidences, and the connected regulatory challenges","authors":"T. Tajti","doi":"10.5937/pravzap0-24141","DOIUrl":"https://doi.org/10.5937/pravzap0-24141","url":null,"abstract":"","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030884","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 year of 2020 will certainly be in all future books on the history of epidemiology and the Covid-19 pandemic will be discussed in them as perhaps the most significant public health challenge since the Spanish flu. But I also hope that it will feature as a new chapter in the books on health and human rights. The suffering of millions of people around the world, the deaths and medical challenges have already presented many lessons to learn from. One of the lessons should be to recognize the right to health as a full-fledged human and constitutional right that deserves a much closer attention whenever annual budgets are drafted and it should be considered as a fundamental human right without which no other rights can be exercised in epidemiological crises and even after that.
{"title":"Rebalancing human rights at the time of Covid-19 pandemic","authors":"J. Sandor","doi":"10.5937/PRAVZAP0-29359","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-29359","url":null,"abstract":"The year of 2020 will certainly be in all future books on the history of epidemiology and the Covid-19 pandemic will be discussed in them as perhaps the most significant public health challenge since the Spanish flu. But I also hope that it will feature as a new chapter in the books on health and human rights. The suffering of millions of people around the world, the deaths and medical challenges have already presented many lessons to learn from. One of the lessons should be to recognize the right to health as a full-fledged human and constitutional right that deserves a much closer attention whenever annual budgets are drafted and it should be considered as a fundamental human right without which no other rights can be exercised in epidemiological crises and even after that.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030506","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 is a contribution to a scholarly debate on the controversial secular nature of the communist state. It aims to challenge a presumed affiliation of Yugoslav communist model of church and state separation to French laical approach through examination of legal status of religious communities in Yugoslavia between 1946 and 1991. Methodologically restricted to a normative analysis of basic legal framework, the paper particularly sheds light on religious liberty, religious education and public funding of religious communities. It detects signs of evolution in official legal politics towards religion and emphasizes differences between the eight parallel Yugoslav legal systems that existed since the mid-seventies. Strictly analytical, the achieved results justify plausibility of starting presumption without pretending to give a final answer. As such, the paper presents a groundwork for further enquiries that would combine its normative findings with relevant sociological and historical data.
{"title":"Neither secular state nor laical Republic? Legal position of religious communities in Communist Yugoslavia: Legal framework analysis","authors":"Marko Božić","doi":"10.5937/PRAVZAP0-21203","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-21203","url":null,"abstract":"The paper is a contribution to a scholarly debate on the controversial secular nature of the communist state. It aims to challenge a presumed affiliation of Yugoslav communist model of church and state separation to French laical approach through examination of legal status of religious communities in Yugoslavia between 1946 and 1991. Methodologically restricted to a normative analysis of basic legal framework, the paper particularly sheds light on religious liberty, religious education and public funding of religious communities. It detects signs of evolution in official legal politics towards religion and emphasizes differences between the eight parallel Yugoslav legal systems that existed since the mid-seventies. Strictly analytical, the achieved results justify plausibility of starting presumption without pretending to give a final answer. As such, the paper presents a groundwork for further enquiries that would combine its normative findings with relevant sociological and historical data.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49567172","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}
{"title":"Ordoliberal articulation of law-economy complex","authors":"Alpar Lošonc, S. Bunčić, Andrea Ivanišević","doi":"10.5937/pravzap0-23830","DOIUrl":"https://doi.org/10.5937/pravzap0-23830","url":null,"abstract":"","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030763","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}
Modern technology has provided us with unlimited possibilities for audio and visual recording, which can, unfortunately, also be used for the violation of human rights and freedoms. With the agreement of involved parties, the use of the recording is likely to be uncontroversial. However, complex issues arise when the recording is covert, and when the recording party wants to rely upon the recording, or the transcript of it, to prove an illegal act in court proceedings. The question arises as to how to strike a balance between the need to protect security and investigate the truth and the need to protect the right to privacy and the personal sphere. Particularly interesting legal issues are those that concern the justification and the permissibility of the use of illegal or covert recordings in the capacity of evidence in criminal proceedings. Bearing in mind the above, the paper is devoted to the analysis of legislation concerning protection of privacy and the legislation on the subject of illegal evidence in criminal proceedings. This issue is especially interesting due to the fact that Serbian criminal law accepts the theory of "the fruits of the poisonous tree", which means that the criteria for the evaluation of the validity of the evidence are particularly strict. In that context, the normative, axiological and comparative law method has been used to analyse the subject matter. The author has also referred to the comparative law and to the practice of the European Court of Human Rights. The aim of the paper is to point out to the certain ambiguities in Serbian positive law, in order to develop appropriate recommendations for the practical use and for the improvement of normative solutions.
{"title":"Private recordings as evidence in criminal proceedings","authors":"Milica Kovačević","doi":"10.5937/PRAVZAP0-20443","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-20443","url":null,"abstract":"Modern technology has provided us with unlimited possibilities for audio and visual recording, which can, unfortunately, also be used for the violation of human rights and freedoms. With the agreement of involved parties, the use of the recording is likely to be uncontroversial. However, complex issues arise when the recording is covert, and when the recording party wants to rely upon the recording, or the transcript of it, to prove an illegal act in court proceedings. The question arises as to how to strike a balance between the need to protect security and investigate the truth and the need to protect the right to privacy and the personal sphere. Particularly interesting legal issues are those that concern the justification and the permissibility of the use of illegal or covert recordings in the capacity of evidence in criminal proceedings. Bearing in mind the above, the paper is devoted to the analysis of legislation concerning protection of privacy and the legislation on the subject of illegal evidence in criminal proceedings. This issue is especially interesting due to the fact that Serbian criminal law accepts the theory of \"the fruits of the poisonous tree\", which means that the criteria for the evaluation of the validity of the evidence are particularly strict. In that context, the normative, axiological and comparative law method has been used to analyse the subject matter. The author has also referred to the comparative law and to the practice of the European Court of Human Rights. The aim of the paper is to point out to the certain ambiguities in Serbian positive law, in order to develop appropriate recommendations for the practical use and for the improvement of normative solutions.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71029608","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}
{"title":"Testament as inheritance from Roman law","authors":"Milan Počuča, N. Stefanović","doi":"10.5937/pravzap0-22816","DOIUrl":"https://doi.org/10.5937/pravzap0-22816","url":null,"abstract":"","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030259","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}
Following the referendum held on 23 June 2016, the UK Government, in accordance with Article 50 TEU, notified the president of the European Council of its intention to leave the European Union. The decision of the UK to leave the EU known as “Brexit” has presented both the EU and the UK with complex challenges. While it is almost impossible to predict and assess all the effects of Brexit, the author will identify in this short overview the most important challenges facing both parties to the negotiations, as well as assess the wider implications of Brexit on future EU enlargement. The effects of Brexit in the UK are much deeper and long-lasting than in the EU. These include deepening political and social cleavages, economic effects and the need for comprehensive legal reform. Despite the initially gloomy prospects about the future of the European Union, the EU gradually reaffirmed its authority among member states and returned to ‘business as usual’. With regard to the wider impact of Brexit, these difficulties undoubtedly have already had a discouraging effect on any other member state who may have contemplated leaving the EU. Likewise, Brexit brought member states more closely together and exposed the importance and value of the EU project. This is particularly significant for the accession countries that over time have diminishing interest in EU membership due to the lengthy and demanding accession process.
{"title":"The implications and impact of Brexit","authors":"Aleksandra Čavoški","doi":"10.5937/pravzap0-23840","DOIUrl":"https://doi.org/10.5937/pravzap0-23840","url":null,"abstract":"Following the referendum held on 23 June 2016, the UK Government, in accordance with Article 50 TEU, notified the president of the European Council of its intention to leave the European Union. The decision of the UK to leave the EU known as “Brexit” has presented both the EU and the UK with complex challenges. While it is almost impossible to predict and assess all the effects of Brexit, the author will identify in this short overview the most important challenges facing both parties to the negotiations, as well as assess the wider implications of Brexit on future EU enlargement. The effects of Brexit in the UK are much deeper and long-lasting than in the EU. These include deepening political and social cleavages, economic effects and the need for comprehensive legal reform. Despite the initially gloomy prospects about the future of the European Union, the EU gradually reaffirmed its authority among member states and returned to ‘business as usual’. With regard to the wider impact of Brexit, these difficulties undoubtedly have already had a discouraging effect on any other member state who may have contemplated leaving the EU. Likewise, Brexit brought member states more closely together and exposed the importance and value of the EU project. This is particularly significant for the accession countries that over time have diminishing interest in EU membership due to the lengthy and demanding accession process.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030940","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}
On the one hand, business entities have a huge potential to contribute to economic and social progress and consequently to the advancement of human rights. On the other, violations of human rights connected with business are very common. Although the Universal Declaration of Human Rights (UDHR) calls upon "every organ of society", and thus business entities, to promote respect of human rights, the subsequent international human rights treaties, including the European Convention of Human Rights (the Convention), only oblige States to respect, protect and fulfill human rights. Against this backdrop, an attempt has been made to analyse the case-law of the European Court of Human Rights (the Court) with respect to the State's responsibility for business-related human rights violations. The analysis reveals that the State will bear responsibility for business-related human rights violations if acts or omissions of a business entity, amounting to a violation of a particular right guaranteed under the Convention, can be directly attributed to that State. This would occur, for instance, in case a company is considered a "governmental organisation" or where the State empowers a business entity to perform public authority functions. In this situation, the State would be responsible for violating its negative obligations under the Convention, namely its obligation to refrain from conduct that breach human rights through its own action or those of its agents. Furthermore, the State will bear responsibility for business-related human rights violations if it fails: (a) to regulate business activities in order to prevent business-related human rights violations; (b) to investigate business-related human rights violations; and (c) to establish effective remedies for this kind of human rights violations. In these situations, the State would be responsible for violating its positive obligations under the Convention. This paper describes the State responsibility for violations of its negative obligations in business and human rights context as a direct responsibility for business-related human rights violations while its responsibility for violation of positive obligations describes as indirect State responsibility for business-related human rights violations. The analysis also reveals that despite the Court's intention to interpret the Convention in accordance with general rules of international law, including rules on the State's responsibility for internationally wrongful acts, it has its own specific approach. In determining whether the State can be held directly responsible for acts or omissions of business entity the Court combines several criteria. It takes into account: (a) the company's legal status (under public or private law); (b) the nature of its activity (a public function or an ordinary commercial business); (c) the context of its operation (such as a monopoly); (d) its institutional independence (the extent of State ownership); and (e) its operatio
{"title":"State's responsibility for business-related human rights violations in the light of the Strasbourg Court's case-law","authors":"B. Topić","doi":"10.5937/PRAVZAP0-21206","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-21206","url":null,"abstract":"On the one hand, business entities have a huge potential to contribute to economic and social progress and consequently to the advancement of human rights. On the other, violations of human rights connected with business are very common. Although the Universal Declaration of Human Rights (UDHR) calls upon \"every organ of society\", and thus business entities, to promote respect of human rights, the subsequent international human rights treaties, including the European Convention of Human Rights (the Convention), only oblige States to respect, protect and fulfill human rights. Against this backdrop, an attempt has been made to analyse the case-law of the European Court of Human Rights (the Court) with respect to the State's responsibility for business-related human rights violations. The analysis reveals that the State will bear responsibility for business-related human rights violations if acts or omissions of a business entity, amounting to a violation of a particular right guaranteed under the Convention, can be directly attributed to that State. This would occur, for instance, in case a company is considered a \"governmental organisation\" or where the State empowers a business entity to perform public authority functions. In this situation, the State would be responsible for violating its negative obligations under the Convention, namely its obligation to refrain from conduct that breach human rights through its own action or those of its agents. Furthermore, the State will bear responsibility for business-related human rights violations if it fails: (a) to regulate business activities in order to prevent business-related human rights violations; (b) to investigate business-related human rights violations; and (c) to establish effective remedies for this kind of human rights violations. In these situations, the State would be responsible for violating its positive obligations under the Convention. This paper describes the State responsibility for violations of its negative obligations in business and human rights context as a direct responsibility for business-related human rights violations while its responsibility for violation of positive obligations describes as indirect State responsibility for business-related human rights violations. The analysis also reveals that despite the Court's intention to interpret the Convention in accordance with general rules of international law, including rules on the State's responsibility for internationally wrongful acts, it has its own specific approach. In determining whether the State can be held directly responsible for acts or omissions of business entity the Court combines several criteria. It takes into account: (a) the company's legal status (under public or private law); (b) the nature of its activity (a public function or an ordinary commercial business); (c) the context of its operation (such as a monopoly); (d) its institutional independence (the extent of State ownership); and (e) its operatio","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030199","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 expression hat-trick (signifying the scoring of three consecutive goals by one player) is very common in sports. In this short paper, coining the legal use of the expression, I will try to pull (3) types of discretion out of Hans Kelsen’s Pure Theory of Law. Kelsen mentions discretion only in passing. While organizing the loose references to the topic I will analyze whether it can be said that an actual Kelsenian concept of discretion exists. Here, the focus will be on three textual moments in which discretion relevantly appears in Kelsen’s Pure Theory of Law. These three moments, I will argue, can be connected to three types of discretion.
{"title":"How to pull types of discretion out of kelsen's Pure Theory of Law","authors":"Ana Escher","doi":"10.5937/pravzap0-23758","DOIUrl":"https://doi.org/10.5937/pravzap0-23758","url":null,"abstract":"The expression hat-trick (signifying the scoring of three consecutive goals by one player) is very common in sports. In this short paper, coining the legal use of the expression, I will try to pull (3) types of discretion out of Hans Kelsen’s Pure Theory of Law. Kelsen mentions discretion only in passing. While organizing the loose references to the topic I will analyze whether it can be said that an actual Kelsenian concept of discretion exists. Here, the focus will be on three textual moments in which discretion relevantly appears in Kelsen’s Pure Theory of Law. These three moments, I will argue, can be connected to three types of discretion.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030481","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}
{"title":"Normative powers of Serbian local authorities","authors":"J. Jerinić, B. Milosavljević","doi":"10.5937/pravzap0-23969","DOIUrl":"https://doi.org/10.5937/pravzap0-23969","url":null,"abstract":"","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030821","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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