FUNDAMENTAL DATA ON THE REASONS FOR ESTABLISHMENT, STRUCTURE, OBJECTIVES AND PRIORITY TASKS OF THE CROATIAN ACADEMY OF LEGAL SCIENCES:

I/ REASONS FOR ESTABLISHMENT:

The Croatian Academy of Legal Sciences was established at the founding assembly on 7 November 2001 by the decision of 52 founding members of the association, who were at the same time the first regular members of the academy. The founding assembly was intentionally held at the time of celebrating the 225^th anniversary of the existence and activity of the Faculty of Law in Zagreb, our oldest scientific and teaching legal institution.

The reasons for establishing the academy are stated in the letter of its initiator, Professor Željko Horvatić, full professor and head of the Department of Criminal Law at the Faculty of Law, University of Zagreb. Prof. Horvatić’s letter was addressed to the participants invited to the founding assembly, and it read, among others, as follows:

“Experience has shown that in various segments of social life, especially in the activity of the executive, legislative and judicial authorities, the knowledge gained from legal sciences is too rarely used, and, generally in Croatian science, the legal science is treated with insufficient respect.

The long-term activity of professional legal associations in gathering lawyers and legal scholars in the branches of their respective narrow specialty can be assessed as very successful. However, I may say there has been insufficient impact of such activities on the actions of those for whose benefit the results of the efforts in these associations are intended.

We are often faced with the failure of our legal scholars’ individual efforts and actions, either due to misunderstandings of their requirements related to the needs for scientific research, or due to insufficient respect for the individual or collective scientific authority of the person(s) in question, or due to any other reasons for which the legal science in Croatia has been inappropriately, unjustifiably and unsustainably marginalized. It is not about any novelty in the current moment of social reality, but about, I would say, a chronic condition, in which the legal science, coping with all these circumstances and the numerous difficulties is yet continuously proving itself through its results which, in the opinion of those who decide about it, sometimes benefit politics, the legal profession and its practice.

The causes and consequences of such a situation could be discussed in detail, and, in such a discussion, there would likely be opinions different from mine. However, if my statement is only partly correct, there are numerous reasons for joint, united action of an association of scientists (academy), in particular those of us dealing with legal science, with a view to institutionalizing an independent authority of the legal science in Croatia. It should be assumed that, in single important issues, for the realization of all the elements of the Constitutional principle of the rule of law, ignoring the views of such a scientific authority would be quite inappropriate.

In addition, in parallel with the efforts of our law faculties and the modest and insufficient financial resources provided by the state budget for scientific work, the academy’s task would be to encourage young scientists to persist in shaping their scientific identity and the dignity the academy strives to provide to its members. Namely, in addition to organizing scientific research, scientific gatherings and other scientific activities, the academy would try to provide young scientists with scientific training through scholarships in cooperation with corresponding institutions in other countries, etc.”

II/ OBJECTIVES, STRUCTURE AND OPERATION METHODS OF THE CROATIAN ACADEMY OF LEGAL SCIENCES

At the founding assembly, the views on the reasons for the establishment and the operation of the academy were approved. The statute was adopted, which, among other things, prescribes the academy’s objectives, structure and operation methods. The objectives of the academy under the statute include the following: to systematically record and collect all the results of the activities of Croatian legal scholars, to encourage and direct the interdisciplinary activities of Croatian legal sciences, to shape the fundamental common contents of Croatian legal sciences, to systematically promote and develop Croatian legal sciences and their common contents as a whole, mainly for its contribution and appreciation in the scientific effort to realize and protect the rule of law in the Croatian legal system, to improve the conditions of scientific work for all legal scientists in Croatia, to strive for the results of research and knowledge in legal sciences to have an appropriate meaning in the system of Croatian sciences and be used by all branches of state government, to encourage young legal experts to engage in legal sciences, and enable young legal scholars to engage in legal sciences in an appropriate manner,  to strive for organized cooperation between the Croatian legal science and foreign legal sciences.

Under the statute, the academy has full, honorary members and associates. A citizen of the Republic of Croatia who has a doctorate in the field of social sciences, who deals with legal science and who, with their scientific work in the field of law (published scientific works in reference journals and publications, participation in scientific research, etc.) significantly contributes to the development of the academy, can become a regular member of the Croatian Academy of Legal Sciences.

An honorary member of the academy can be a legal scholar who is not a citizen of the Republic of Croatia, who has made a significant contribution to the development of Croatian legal science and/or its reputation abroad.

A member of the academy can be a citizen of the Republic of Croatia who has a doctorate or a master’s degree in the field of social sciences and deals with legal science. The number of full members, honorary members and associates is limited by the Statute to 140, 15 and 70 legal scholars.

In order to achieve the objectives stipulated by the statute, the Croatian Academy of Legal Sciences acts through its bodies: the Assembly, the President of the Academy, the Presidency of the Academy, the Scientific Council, the Supervisory Board and the Court of Honour. The Scientific Council of the Academy is the most important body that promotes and achieves its goals, and it is composed of the President of the Academy and all members of the Presidency of the Academy (9), the Dean of the Faculty of Law of the University of Zagreb, and 14 representatives of all specialized scientific legal branches: History of Law and Legal Sciences, Theories of law and the state and philosophy of the history of law, Constitutional law, Criminal law, Criminal procedural law, Civil law and Family law, Civil procedural law, International law, Financial law, Administrative law, Commercial law and company law, Maritime and general traffic law, International private law and labour and social law.

At the Founding Assembly of the Academy, Professor Željko Horvatić was elected first president and nine members of the Presidency. At the first session of the Presidency, Professor Branko Smerdel and Professor Petar Šarčević were elected Vice-Presidents of the Academy, Professor Nikola Gavella was elected President of the Scientific Council of the Academy and Professor Davor Derenčinović was elected Secretary of the Academy. The acceptance of new full members and associates of the academy is being prepared.

By means of the decision of the Ministry of Justice, Administration and Local Self-Government of the Republic of Croatia of 4 December 2001, the entry of the Croatian Academy of Legal Sciences into the Register of Associations of the Republic of Croatia was granted. Based on the decision of the Council of the Faculty of Law in Zagreb, no.: 602-04/01-11/29 of 17 October 2001, the seat of the Croatian Academy of Legal Sciences is at the address of the Faculty of Law in Zagreb: 14, Marshal Tito Square (Trg maršala Tita 14).

III/ PRIORITY SCIENTIFIC RESEARCH THAT THE ACADEMY OF LEGAL SCIENCES SHOULD CARRY OUT DURING 2002

In the course of 2002, the scientific activity of the academy should primarily focus on systematic research for obtaining scientific knowledge about the entire Croatian legal system, in particular to assess its compliance with the constitutional principles and requirements of the rule of law and the welfare state. At the same time, scientific methods should be used to determine the extent to which certain parts of the Croatian legal system are in mutual agreement, which establishes a satisfactory coherence of the entire system. This activity also has its practical parts relating to the specific and topical issues about the legal and real possibilities of realizing and protecting fundamental human rights and freedoms, and other constitutional rights and freedoms, about the length of judicial and administrative proceedings, about the so-called legal uncertainty due to frequent changes in legislation, etc. The objective of such research is not only obtaining scientific knowledge about these and any related contents, but also making such knowledge available to the legislative, executive and judicial authorities in the Republic of Croatia.

The academy believes that the importance of unquestionable scientific knowledge about the Croatian legal system and its operation is particularly relevant in view of the already undertaken and upcoming international legal obligations of the Republic of Croatia and the Stabilization and Association Agreement signed with the European Union. Without being influenced by current political interests and needs, but still taking them into account to the realistically necessary extent, one should carefully analyse the interrelationships of numerous international obligations for the Republic of Croatia at a time when extensive legislative reforms are being announced in order to harmonize our legal system with EU standards and requirements. Without such an analysis, every country, including this country, can find itself caught in the “windstorm” of the constant and unsystematic action of the executive and legislative authorities, in order to meet demands that have often already been met, or that cannot or should not be met because they are in conflict with already accepted international obligations on the same matter. Before intervening in any part of the legal system, one should clearly distinguish obligations towards, for example, the United Nations, the Council of Europe, the European Union, and even some international trade or other organizations or banks, since they are all considered indisputable authorities in establishing and the development of “the highest, generally recognized… etc. principles, requirements, standards,… etc. the rule of law, civil society, civil democracy… etc. The state authority must clearly know what it has to do in this sense and why, especially if some obligations have been assumed by two or more international organizations in mutual disagreement. Another question is again, which obligations the state assumes and why. However, this is already a topic for the academy’s scientific work on the relationship between national contemporaneity and the globalization of the economic and political system and the legal order of mankind.

Such a systematic and consistent scientific research, conceived and conducted for the first time on a multidisciplinary basis, the results of which would be guaranteed by top legal scholars united by the independent authority of the Croatian Academy of Legal Sciences, should have a significant impact on the development of the Croatian legal science and contribute to improve informed awareness of all three branches of state power in the Republic of Croatia.

President of the Croatian Academy of Legal Sciences

Professor Željko Horvatić

Done at Zagreb on 10 January 2002.

The founding assembly of the Croatian Academy of Legal Sciences, held on 7 November 2001, passed the decision on its establishment pursuant to Article 11 of the Act on Associations (“Official Gazette” No. 70/97 and 106/97).

President
Izv. prof. dr.sc. Anamarija Musa

Vice President
Izv. prof. dr.sc. Marta Dragičević Prtenjača

Vice President
Prof. dr.sc. Marko Baretić

Presidency
Akademik, prof. dr.sc. Arsen Bačić
Prof. dr.sc. Dubravka Akšamović
Prof. dr.sc. Sanja Barić
Prof. dr.sc. Vesna Barić Punda
Izv. prof. dr. sc. Ksenija Grubišić

Scientific Council
Izv. prof. dr. sc. Ivana Tucak (predsjednica)
Prof. dr. sc. Mario Vinković
Prof. dr.sc. Davorin Rudolf ml.
Prof. dr. sc. Damir Primorac
Izv. prof.dr.sc. Anna-Maria Getoš Kalac
Doc. dr. sc. Mario Krešić
Doc. dr. sc. Nikola Popović
Prof. dr.sc. Ivan Koprić, dekan PFZg
Prof. dr. sc. Vesna Crnić-Grotić dekanica PFRi
Izv. prof. dr. sc. Ratko Brnabić, dekan PFSt
Izv. prof. dr. sc. Tunjica Petrašević, dekan PFOs

Supervisory Board
Prof. dr.sc. Edita Čulinović Herc  (predsjednica)
Prof. dr. sc. Hana Horak
Prof. dr. sc. Nataša Žunić Kovačević

Court of Honour
Doc. dr.sc. Alen Rajko (predsjednik)
Prof. dr.sc. Anita Kurtović Mišić
Prof. dr.sc. Saša Nikšić
Prof. dr.sc. Budislav Vukas ml.
Izv. prof. dr.sc. Vanja Ivan Savić

Full founding members of the Academy at the founding Assembly on 7 November 2001
prof.dr.sc. Alinčić Mira
prof.dr.sc. Bačić Arsen
prof.dr.sc. Bakotić Božidar
prof.dr.sc. Barbić Jakša
prof.dr.sc. Borković Ivo
dr.sc. Crnić Jadranko
prof.dr.sc. Cvitanović Leo
doc.dr.sc. Derenčinović Davor
prof.dr.sc. Dika Mihajlo
prof.dr.sc. Engelsfeld Neda
prof.dr.sc. Filipović Velimir
prof.dr.sc. Gavella Nikola
prof.dr.sc. Grabovac Ivo
prof.dr.sc. Grozdanić Velinka
prof.dr.sc. Hlača Vinko
prof.dr.sc. Horvatić Željko
prof.dr.sc. Hrabar Dubravka
prof.dr.sc. Jelčić Barbara
prof.dr.sc. Jelčić Božidar
prof.dr.sc. Jelinić Srećko
doc.dr.sc. Jelušić Mario
prof.dr.sc. Josipović Ivo
prof.dr.sc. Josipović Tatjana
prof.dr.sc. Klarić Petar
prof.dr.sc. Koprić Ivan
prof.dr.sc. Korać Aleksandra
prof.dr.sc. Krapac Davor
prof.dr.sc. Kurtović Anita
prof.dr.sc. Kurtović Šefko
prof.dr.sc. Lauc Zvonimir
prof.dr.sc. Lončarić-Horvat Olivera
prof.dr.sc. Ljubanović Vladimir
prof.dr.sc. Medvedović Dragan
prof.dr.sc. Metelko Josip
prof.dr.sc. Milušić Anto
prof.dr.sc. Novoselec Petar
prof.dr.sc. Omejec Jasna
prof.dr.sc. Padjen Ivan
prof.dr.sc. Pavić Drago
prof.dr.sc. Pavić Željko
prof.dr.sc. Perić Berislav
prof.dr.sc. Potočnjak Željko
prof.dr.sc. Ravnić Anton
prof.dr.sc. Sajko Krešimir
prof.dr.sc. Seršić Maja
prof.dr.sc. Smerdel Branko
prof.dr.sc. Sokol Smiljko
prof.dr.sc. Šarčević Petar
prof.dr.sc. Tomašević Goran
prof.dr.sc. Učur Marinko
prof.dr.sc. Vranjican Stjenko
prof.dr.sc. Vukas Budislav

1. Dr.sc. Akšamović Dubravka
2. Dr.sc. Arbutina Hrvoje
3. Dr.sc. Aviani Damir
4. Dr.sc. Bačić Arsen
5. Dr.sc. Bakota Boris
6. Dr.sc. Barbić Jakša
7. Dr.sc. Baretić Marko
8. Dr.sc. Barić Sanja
9. Dr.sc. Barić-Punda Vesna
10. Dr.sc. Blažević Robert
11. Dr.sc. Bolanča Dragan
12. Dr.sc. Bosnić Petar
13. Dr.sc. Bravar Aleksandar
14. Dr.sc. Britvić Vetma Bosiljka
15. Dr.sc. Buklijaš Boris
16. Dr.sc. Bukovac Puvača Maja
17. Dr.sc. Cindori Sonja
18. Dr.sc. Crnić-Grotić Vesna
19. Dr.sc. Cvitanović Leo
20. Dr.sc. Čepulo Dalibor
21. Dr.sc. Čizmić Jozo
22. Dr.sc. Čulinović Edita
23. Dr.sc. Dika Mihajlo
24. Dr.sc. Dobrić Jambrović Dana
25. Dr.sc. Dragičević Dražen
26. Dr.sc. Dragičević Prtenjača Marta
27. Dr.sc. Džinić Jasmina
28. Dr.sc. Đerđa Dario
29. Dr.sc. Đulabić Vedran
30. Dr.sc. Getoš Kalac Anna Maria
31. Dr.sc. Giljević Teo
32. Dr.sc. Gliha Igor
33. Dr.sc. Grabovac Ivo
34. Dr.sc. Grbić, Sanja
35. Dr.sc. Grozdanić Velinka
36. Dr.sc. Grubišić Ksenija
37. Dr.sc. Harašić Žaklina
38. Dr.sc. Held, Henrik-Riko
39. Dr.sc. Herman Vilim
40. Dr.sc. Hlača Nenad
41. Dr.sc. Horak Hana
42. Dr.sc. Horović Sabrina
43. Dr.sc. Hrabar Dubravka
44. Dr.sc. Ivanjko Šime
45. Dr.sc. Jakovac-Lozić Dijana
46. Dr.sc. Jaramaz-Reskušić Ivana
47. Dr.sc. Jelčić Barbara
48. Dr.sc. Jelinić Srećko
49. Dr.sc. Jelinić Zvonimir
50. Dr.sc. Jelušić Mario
51. Dr.sc. Josipović Ivo
52. Dr.sc. Josipović Tatjana
53. Dr.sc. Kačer Hrvoje
54. Dr.sc. Kačić Hrvoje
55. Dr.sc. Klarić Mirko
56. Dr.sc. Klarić Petar
57. Dr.sc. Klasiček Damir
58. Dr.sc. Konjić Zdenko
59. Dr.sc. Koprić Ivan
60. Dr.sc. Korać Graovac Aleksandra
61. Dr.sc. Kostadinov Biljana
62. Dr.sc. Krešić Mario
63. Dr.sc. Kurtović Anita
64. Dr.sc. Kurtović Šefko
65. Dr.sc. Lalić Novak Goranka
66. Dr.sc. Lapaš Davorin
67. Dr.sc. Lauc Zvonimir
68. Dr.sc. Lozina Duško
69. Dr.sc. Lulić Mira
70. Dr.sc. Ljubanović Boris
71. Dr.sc. Ljubanović Vladimir
72. Dr.sc. Majstorović Irena
73. Dr.sc. Manojlović Romea
74. Dr.sc. Marčetić Gordana
75. Dr.sc. Marin Jasenko
76. Dr.sc. Markovinović Hrvoje
77. Dr.sc. Marochini Zrinski, Maša
78. Dr.sc. Maršavelski Apostolova Magdalena
79. Dr.sc. Martinović Igor
80. Dr.sc. Marušić Sofija
81. Dr.sc. Matulović Miomir
82. Dr.sc. Medvedović Dragan
83. Dr.sc. Metelko Josip
84. Dr.sc. Mihelčić Gabrijela
85. Dr.sc. Miladin Petar
86. Dr.sc. Munivrana Vajda Maja
87. Dr.sc. Musa Anamarija
88. Dr.sc. Nikšić Saša
89. Dr.sc. Ofak Lana
90. Dr.sc. Omejec Jasna
91. Dr.sc. Padjen Ivan
92. Dr.sc. Pajčić Matko
93. Dr.sc. Pavić Drago
94. Dr.sc. Pavić Željko
95. Dr.sc. Perić Renata
96. Dr.sc. Petrašević Tunjica
97. Dr.sc. Petrić Silvija
98. Dr.sc. Petrović Siniša
99. Dr.sc. Podolnjak Robert
100. Dr.sc. Pokrovac Zoran
101. Dr.sc. Popović Nikola
102. Dr.sc. Potočnjak Željko
103. Dr.sc. Preložnjak, Barbara
104. Dr.sc. Primorac Damir
105. Dr.sc. Primorac Željka
106. Dr.sc. Radionov Nikoleta
107. Dr.sc. Radolović Aldo
108. Dr.sc. Rajko Alen
109. Dr.sc. Rogić Lugarić Tereza
110. Dr.sc. Roksandić Sunčana
111. Dr.sc. Rudolf ml. Davorin
112. Dr.sc. Savić Vanja-Ivan
113. Dr.sc. Seršić Maja
114. Dr.sc. Sesar Milijan
115. Dr.sc. Sikirić Hrvoje
116. Dr.sc. Smerdel Branko
117. Dr.sc. Sokanović, Lucija
118. Dr.sc. Sokol Smiljko
119. Dr.sc. Staničić Frane
120. Dr.sc. Šeparović Miroslav
121. Dr.sc. Šikić Marko
122. Dr.sc. Šimonović Ivan
123. Dr.sc. Šimović, Ivan
124. Dr.sc. Škarica Mihovil
125. Dr.sc. Tomljenović Vesna
126. Dr.sc. Tucak Ivana
127. Dr.sc. Turkalj Kristian
128. Dr.sc. Turković Ksenija
129. Dr.sc. Turudić Marko
130. Dr.sc. Učur Marinko
131. Dr.sc. Vajić Nina
132. Dr.sc. Vinković Mario
133. Dr.sc. Vukas Budislav
134. Dr.sc. Vukas Budislav ml.
135. Dr.sc. Zubović Antonija
136. Dr.sc. Žunić-Kovačević Nataša

1. Antić Teodor
2. Bedrač Ira
3. Bezić, Reana
4. Bogovac Jasna
5. Bonačić Marin
6. Burić Zoran
7. Carić Marina
8. Crnogaća Dražen
9. Čulo Margaletić Anica
10. Dujmović Jelena
11. Đanić Čeko Ana
12. Gardašević Đorđe
13. Gluščić Stjepan
14. Gotovac Viktor
15. Gumzej Nina
16. Herceg Pakšić Barbara
17. Ivančić-Kačer Blanka
18. Jurić Marko
19. Katulić Tihomir
20. Kemeter Dragica
21. Lisičar Hrvoje
22. Lopižić Iva
23. Marochini Zrinski Maša
24. Maršavelski Aleksandar
25. Menger Mariza
26. Milivojević Lana
27. Mišić Radanović Nina
28. Mittermayer Oliver
29. Morović Armando
30. Mrčela Marin
31. Mršić Gordana
32. Mudrić Mišo
33. Nakić Jakob
34. Novokmet Ante
35. Oklopčić Zoran
36. Pezo Vladimir
37. Pičuljan Zoran
38. Pilić, Maja
39. Rajčić Davor
40. Runjić Ljubo
41. Savić Iva
42. Sokanović Lucija
43. Sokol Nika
44. Stipanović Ivana
45. Šimović Ivan
46. Šinković Zoran
47. Šprajc Ivan
48. Šuperina Marijan
49. Valković Laura
50. Zadnik Slavko

The doctrine of “Joint Criminal Enterprise” – unacceptable, Vjesnik, 19/02/2011

Prime Minister Kosor with representatives of the Croatian Academy of Legal Sciences, IUS-INFO, 16/02/2011

Mass production of fear – second part, Vjesnik 13-14/05/2006

The Slovenian stand contradicts the historical facts about the existing borders, HINA 01/02/2007

Mass production of fear – first part, Vjesnik 13-14/05/2006

The Slovenian position is historically unfounded, Vjesnik 31/01/2007

Croatian Academy of Legal Sciences founded, Vjesnik, 08/11/2001

Each government takes from legal science what suits it, Vjesnik, 18/11/2001

Contact for sending papers: godisnjak-apzh@pravst.hr

Instructions for authors: https://hrcak.srce.hr/godisnjakapzh

Vol. XIII – 1/2022 

Vol. XII – 1/2021 

Vol. XI – 1/2020 

Vol. X – 1/2019 

Vol. IX – 1/2018 

Vol. VIII – 2017 

Vol. VII – 2016 

Vol. VI – 2015 

Vol. V – 2014 

Vol. IV – 2013 

Vol. III – 2012 

Vol. II – 2011 

Vol. I – 2010 

The Alumni project 2021 was financed by the US State Department “Protection, assistance and social inclusion of vulnerable groups in the context of human trafficking in Croatia”. 

The project’s main objective is raising awareness and understanding of human trafficking as a serious violation of fundamental rights, providing knowledge about new trends and readiness to face new threats. Through the constructive activities of American and domestic experts, this project will establish a network of experts with the aim of improving the existing normative and institutional framework for combating human trafficking in Croatia.

The scientific meeting of the Croatian Academy of Legal Sciences, held at the Faculty of Law of the University of Rijeka on 25 and 26 October 2018, brought together over 40 members and associates of the academy and other participants who gave about thirty presentations.

After five years of Croatian membership in the European Union, a look back and a scientific analysis of what has been done is imposed as an imperative of the academy’s responsible social behaviour. Having learned from the experience of post-accession crisis in previous enlargements, it was necessary to carefully analyse the level of normative and practical compliance with EU regulations. New, open questions imposed the analysis of the legal perspective as inevitable. In this sense, an attempt was made to consider the potential for a more active role of Croatia, not only as an addressee but also as a creator and co-carrier of the Union’s policies. The academy wanted to analyse the state of society “5 years later” and criticize the achieved achievements in an argumentative manner and propose de lege ferenda solutions for future challenges.

In addition to the undoubtedly successful general legal harmonization, the lack of systematicity in the reception of European law, the avoidance of true Europeanization in certain legal areas or issues, especially in the professional preparation and design of regulations, public administration, local self-government and even the judiciary, were identified as fundamental problems. The implementation of the accepted standards in practice is sometimes questionable, or of questionable quality. Better information, education and advocacy for changes in regulations and legal practice are needed. Croatia should play a more active role in shaping European Union policies and regulations.

Through presentations at this meeting of the academy, the critical necessity of urgent, focused scientific research was seen, which directs the academy to form a scientific project that would enable such research in a systematic form. This will be accessed immediately. However, the implementation of such a project requires the cooperation and support of the Croatian Parliament, the Government of the Republic of Croatia, the judiciary,

Some suggestions for presentations are as follows:

Croatia undertook to respect minority rights and accepted the relevant conventions of the Council of Europe. However, judging by the latest reports of the bodies authorized to supervise the application of these conventions, Croatia would have to undertake additional efforts in fulfilling all obligations.

The application of the law of the European Union in the exercise of its exclusive competences is a limiting factor in any future revision of the Constitution of the Republic of Croatia, if such a revision would encroach on those competences.

The Migrant Integration Policy Development Index (MIPEX) with an overall score of 44/100 in 2014 showed that migrants in Croatia are in many aspects at a disadvantage compared to the majority population, which points to the need for its systematic improvement.

A professionally prepared policy of decentralization is necessary in order for local self-government to accept European standards of action more quickly and efficiently and to be proactive and responsible in taking advantage of opportunities for modernization.

It is necessary to form and start the territorial transformation as soon as possible with larger, stronger and more uniform local units that will unite areas that make up spatial, economic and functional entities.

It is necessary to simplify and specify the legal framework of cooperation between cities and municipalities, as well as to encourage it.

The mechanisms of democratic participation, legitimization and citizens’ control in local self-government should be strengthened, so that the development and modernization processes, promoted by EU policies, become close, understandable and transparent to citizens.

The effects of Europeanization regarding the functioning of local self-government failed to appear. The local self-gov can be strengthened by the implementation of territorial reform, by prescribing the obligation to consult local committees when adopting local budgets, by simultaneously holding elections for local committees and local representative bodies, and by prescribing the legal obligation for local committees to have a share in the local budget or guaranteed funds.

In tax matters, Croatian courts failed to recognize the importance of preliminary ruling proceedings before the European Court. Since the predictability of decisions in tax matters that follow the jurisprudence of the CJEU is not encouraging, in tax cases, especially in the area of direct taxation, national courts should more often, if not as a rule, turn to the CJEU and initiate preliminary proceedings.

Considering the detailed and highly developed administrative cooperation of the tax administrations of the member states of the European Union and the scope of information that the tax administrations exchange, special attention must be paid to the protection of taxpayers’ rights, i.e. the prevention of unnecessary encroachment on their privacy.

It is necessary to analyse individual elements of the Croatian legal framework to achieve complete compliance with the requirements and criteria set by the Court of Justice of the European Union in its Digital rights and Tele2 judgments on the preservation of telecommunications data. This particularly refers to the indiscriminate retention of data on all users, although many of them have not even indirectly come into contact with crime.

By not implementing the Directive into the national legislation, the Republic of Croatia violates the obligations under Art. 4(3) TFEU, i.e. one of the fundamental principles of European law – the principle of loyal cooperation, and the Croatian courts are not sufficiently educated on the application of the mechanism of the preliminary procedure because as much as one third of the requests for preliminary ruling are dismissed.

Although Croatian courts have sent some important and well-formulated questions, Croatian legal practitioners are not too familiar with the law of the European Union, and thus continuous education and training implementation are necessary.

The EIO is a more comprehensive instrument for obtaining and transferring evidence than the instruments that existed earlier, but it also entails certain controversial issues that could lead to difficulties in its implementation.

The implementation of the Directive on the right of access to a lawyer in criminal proceedings (Directive 2013/48/EU) into the Croatian legal system through new provisions on police questioning of suspects shows a few shortcomings. These shortcomings are determined by the perception of the police as being a body of the executive power that operates informally, outside of criminal proceedings, the new powers of the police to formally question citizens as suspects, and the willingness of the police to accept a new role and behave according to the prescribed model.

Although the number of family law institutes around which there is a European consensus for a possible unification is negligibly small, European regulations and jurisprudence are creating their fund of new values. This might be showing that the European Union is abandoning its foundations contained in the expression of “common constitutional values” and “spiritual and moral heritage” ” and is stepping on a new path. The Republic of Croatia should carefully monitor further developments in that area.

The experiences of applying the mechanism of enhanced cooperation of the European Union and the development of the Union’s interest in matters of family law require caution in deciding whether to accede to the new regulations that will follow in the field of family law.

The link of the place of occurrence of the damage is not the best choice from the aspect of predictability of the outcome of the dispute about the damage caused by the violation of the right of personality, and its acceptance needs to be reconsidered. This link is in the legislative process of adopting Regulation (EC) no. 864/2007 of the European Parliament and the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II Regulation) was deemed inadequate for cases of violation of personality rights, but based on the Act on Private International Law it has been extended, among other things, to violations of personality rights.

The current unsystematic approach to the reception of decrees, directives and decisions of the Court of the European Union should be the subject of further scientific research and education in the judiciary, the preparation of legislation and public administration.

In the last five years, significant progress has been made in the liberalization of the services market.

There are significant difficulties in implementing the legal framework on consumer protection, especially when it comes to unfair business practices of traders. Fair business practice and responsible business is the only basis for gaining consumer trust and making a profit in the business activity.

The new Bankruptcy Act, despite the significant shortening of the time limits for actions, has not speeded up bankruptcy proceedings, and creditors’ rights have been even reduced, while the electronic public auction has led to the liquidation of assets for next to nothing. Extremely strict rules are needed concerning the management boards of unscrupulous debtors, and such rules should be systematically and persistently applied.

Harmonization with the legal acquis of the European Union is one of the key factors in the decoding of the Croatian law of obligations: separating matters that is regulated or should be regulated by the Law of Obligations into numerous special regulations. The fragmentation of the mandatory law system has led to the erosion of certain fundamental institutions of mandatory law. The coherence of the legal system has been undermined to an extent that significantly threatens legal certainty, which calls for urgent measures that will have the opposite effect.

A more detailed analysis will be presented in scientific and professional papers whose publication in the scientific journal Yearbook of the Croatian Academy of Sciences is being prepared.

Summary and conclusions of the Scientific Meeting of the Croatian Academy of Legal Sciences entitled “Challenges of the Croatian Public Sector in the European Union” held in Osijek on 18 and 19 June 2015 in cooperation with the “Josip Juraj Strossmayer” Faculty of Law, University of Osijek

The two-day scientific meeting covered several segments, issues and challenges of the Croatian public sector in the European Union (EU). With this meeting, the Croatian Academy of Legal Sciences wanted to mark the second anniversary of Croatia’s accession to the EU. At the same time, the meeting was held just after the Croatian Parliament adopted the Strategy for the Development of Public Administration in the period 2016-2020, which allowed for an analysis, through lectures and discussions, of the strategy’s goals, measures as well as of its adequacy for solving the accumulated problems of public administration in Croatia.

A total of 22 presentations were submitted by 33 authors from among members and associates of the academy and other Croatian scientists. The presentations covered general issues of Europeanization of Croatian public administration, Europeanization of Croatian local self-government, Europeanization of public services in Croatia and the development of Croatian tax institutions in the EU.

In addition to the general issues of the Europeanization of Croatian public administration, the following issues were scientifically analysed, in particular: smart regulation policy ( smart regulation ), the principle of openness of public administration, the application of the one-stop shop organizational principle in public administration, the concept of representative administration, contemporary European management of cities, the personnel capacities of Croatian local self-government, the possibility of introducing the institute of bankruptcy of local units, the provision of economic services in local self-government, strategic access to services of general interest, network relations within the administrative system of higher education, powers of independent regulators, economic and social effects of strong market regulators, municipal waste management, energy legislation, administrative dispute, costs of administrative proceedings and disputes, cooperation of tax administrations, legal security of taxpayers and the effectiveness of taxation, the impact of investigations into illegal state aid on the Croatian Tax Administration, and risk management as a new strategy for tax authorities in the EU.

Along with posting the presentations on the website of the Croatian Academy of Legal Sciences, the presented papers will be published in the Academy’s Yearbook and thus become available to the scientific and professional public, key decision makers and other interested entities.

At the meeting, the idea of preparing a document that would be sent to the competent state bodies, and which would include the most important ideas about the reform of state administration, local self-government, public services, and public administration, was presented. These ideas could be the basis for changes to the Public Administration Development Strategy in the period 2016-2020 upgraded to be a truly effective reform instrument. We emphasize the need for a systematic and gradual approach in the continuous process of public administration reform.

In addition, the idea was expressed about the need for a continuous monitoring and scientific analysis of the Croatian public sector, of European law and of other European standards that are important to the Croatian public administration, as well as the creation of ideas and proposals for improving the situation that could be used by competent authorities and other interested entities to contribute in daily practice towards the creation of a modern citizen-oriented public administration in the modern European administrative space.

The academy is strongly committed to this idea and will implement it in its work, in particular by including topics on the Europeanization of Croatian public administration in its future meetings and in its other forms of scientific work, by taking into account the critical evaluation of both the state of the Croatian public administration and some components of EU-level influence on the Croatian public administration.

The scientific council of the Croatian Academy of Legal Sciences, in cooperation with the Ministry of Justice of the Republic of Croatia, organized a thematic session on the topic “Proposal of a new Code of Criminal Procedure”, which was held on 30 September 2008, in the large courtroom of the County Court in Zagreb.

After the introductory presentation by Professor Vladimir Ljubanović, the president of the Scientific Council of the Croatian Academy of Legal Sciences, a discussion took place with the participation of the present judicial staff.

The Croatian Academy of Legal Sciences, in cooperation with the Faculty of Law of the University of Zagreb and the “J.J. Strossmayer” Faculty of Law, University of Osijek, organized a scientific meeting on the topic “Local self-government and decentralization”, which was held at the “J.J. Strossmayer” Faculty of Law, University in Osijek on 24 November 2006.

At the meeting, in an interdisciplinary exchange of opinions, eminent Croatian scientists and experts discussed the state of local self-government and decentralization in the Republic of Croatia. The narrower topics for discussion were as follows:

local self-government in the Republic of Croatia – state and perspectives

managing decentralization as a new approach to the development of the local self-government system

the introduction of the local presidential system and the decentralization of the political system of the Republic of Croatia

entry into force and effective date of general acts of local and regional self-government units

multiple constitutionalism of the European Union

The Croatian Academy of Legal Sciences, in cooperation with the Faculty of Law of the University of Zagreb, organized on 9 May 2006 a scientific meeting on the topic “New horizons of contemporary terrorism and anti-terrorism – the Croatian View”, which was held in the Hall of the Faculty of Law, 14 Marshal Tito Square, II floor.

At the meeting, in an interdisciplinary exchange of opinions, experts in the fields of law, criminology and political science discussed the suppression of this negative social phenomenon. The narrower topics for discussion were as follows:

terrorism: concept, content, structure and paradoxes

terrorism as a crime against humanity

criminal law reaction vs. “war against terrorism”

terrorism and hate crimes

the fight against terrorism in the context of the Croatia’s EU accession

In cooperation with the Faculty of Law of the University of Zagreb, the Croatian Academy of Legal Sciences organized a round table on the topic “An analysis under criminal law of the accusation before the ICTY against high-ranking officials and military commanders of the Republic of Croatia for the Joint Criminal Enterprise in the Croatian military offensive Operation Storm”. The round table was held in the Hall of the Faculty of Law, 14 Marshal Tito Square, II floor, on 14 June 2005.

The introductory lecture on the legal doctrine of “Joint Criminal Enterprise” in Anglo-Saxon law was held by Mirjan Damaška, Sterling Professor of Law, Yale Law School, USA. After the lecture, a discussion took place, which was audio-recorded.

In cooperation with the Faculty of Law of the University of Zagreb, the Croatian Academy of Legal Sciences organized a round table on the topic “Criteria for the legal regulation of medically assisted insemination”. The round table was held in the Hall of the Faculty of Law, 14 Marshal Tito Square, II floor, on 7 June 2005.

In an interdisciplinary exchange of opinions, experts in the fields of law, medicine and ethics discussed the reasons in favour and against legislative proposals of such areas in which conflicting views are taken. The narrower topics for discussion were as follows:

Medical, ethical and legal approach: determination of assumptions for the right to medical assistance (circle of beneficiaries and types of procedures for medically assisted fertilization), procedures with donated gametes (restrictions/prohibitions in the application of individual procedures);

Consents to the proposed form of medical assistance: notification of service users and donors about the content of the procedure in which they participate, and about the legal meaning of the consent (legal consequences of actions that differ from the content of the consent);

Criminal consequences of violations of the regulations governing the right to medically assisted fertilization.

In cooperation with the Faculty of Law of the University of Zagreb, the Croatian Academy of Legal Sciences organized a round table on the topic “Corruption and legal means to combat it in the Republic of Croatia”, which was held on 30 May 2005, in the Hall of the Faculty of Law, 14 Marshal Tito Square, II floor.

By adopting, ratifying and announcing the UN Convention against Corruption, the Republic of Croatia accepted international standards and measures to fight corruption. The provisions of the Convention have become part of the legal system of the Republic of Croatia, which is the basis for the adoption of systematic measures and activities in suppressing corruption. Consequently, there is an obligation to create plans and programs to fight corruption at the national level. On this occasion, a book by Assistant Professor Davor Derenčinović COMMENTARY ON THE UN CONVENTION AGAINST CORRUPTION was presented. Prof. Emeritus Željko Horvatić, Professor Josip Kregar and Assistant Professor Davor Derenčinović spoke about the book and the Convention.

After the introductory presentations:

1. Ž. Horvatić : Characteristics of contemporary international sources of law on corruption and their implementation in the Croatian legal system
2. J. Kregar : New measures to combat corruption in the Republic of Croatia

The moderator of the round table was Professor Stjenko Vranjican, coordinator of the Centre for Human Rights.

Yearbook of the Croatian Academy of Legal Sciences, Vol. I, no. 1/2010

Editor-in-Chief: Professor Davor Derenčinović

Executive editor: Anna-Maria Getoš, PhD

The journal was also published on the portal of Croatian scientific journals, which can be accessed here.

Croatian Academy of Legal Sciences, Faculty of Law, University of Zagreb and the “J.J. Strossmayer” Faculty of Law, University of Osijek, Zagreb, 2007.

Editor: Professor Zvonimir Lauc

Croatian Academy of Legal Sciences and the Faculty of Law, University of Zagreb, Zagreb, 2007.

Editor: Professor Davor Derenčinović

Croatian Academy of Legal Sciences and the Faculty of Law, University of Zagreb, Zagreb, 2005.

Introductory speaker: Professor Mirjan Damaška

You can order a free copy of this publication at davorderen@yahoo.com