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 225th 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).