Suchergebnisse

In this paper the author analyzes certain solutions of the Amendment of the Civil Procedure Act from 2019 on the reimbursement of costs according to the principle of responsibility for success and responsibility for guilt or case. The paper outlines the most significant novelties, the novelties are analyzed in relation to the partial success of the parties to the litigation. When deciding on the costs of civil proceedings in the case of partial success of the party in the lawsuit, what should be taken into account, in principle, is both the prosecutor's and the defendant's success in the lawsuit, and the decision on which party will bear the obligation to reimburse the costs of the proceedings shall be brought through the application of the rule of procedural offsetting of the lawsuit costs. The objective of this rule is to avoid unwarranted lawsuit or filing of exaggerated claims without consequences. But, it can happen that the costs of the party that is less successful are significantly higher than the costs of their opponents. This party, although more successful, can be obliged to reimburse the amount of the difference, which may result in restriction of the right of access to court. ; U članku se analiziraju pojedina rješenja Novele Zakona o parničnom postuplu iz 2019. godine o naknadi troškova prema načelu od­govornosti za uspjeh te odgovornosti za krivnju odnosno slučaj. Analiziraju se novine u odnosu na djelomični uspjeh stranaka u parnici. Pritom se posebno problematizira i uspoređuje prije važeće zakonodavno uređenja instituta i stajališta zauzeta u dosadašnjoj sudskoj praksi i doktrini, sa novim normativnim uređenjem koje donosi Novela 2019.

At a few places in his Philosophy of Right, Hegel directly addresses the discussion with his famous predecessor, Immanual Kant. These places indicate very clearly the distinction between the two philosophical standpoints. This article focuses on Hegel's criticism of Kant's views on peace & international law. For two reasons however, it starts with Hegel's rejection of Kant's moral point of view. First, this criticism is presupposed in Hegel's rejection of Kant's view on politics. Second, at least a partial return to Kantian morality is implied in Hegel's statement that war, although not to be condemned categorically, must be limited both quantitatively & qualitatively. Adapted from the source document.

The studies of the third wave of democratization have shown the necessity for a more precise differentiation of forms of democracy, since the definition of democracy exclusively on the basis of pluralist elections has proved lacking. The author also thinks that the instruments of quantitative evaluation of democracies (e.g. the very popular Freedom House index) are not sufficient, primarily because the quantification is not theoretically sound enough & includes a huge dose of arbitrariness. Contrary to this, the author spells Out his concept of embedded & defective democracy. Starting from the terminological suggestion by Philippe Schmitter & the systemic-theoretical description of Niklas Luhmann's intrasystemic communication, the functionally embedded democracy can be defined as a relationship of interdependence & mutual support of five partial regimes of democracy: electoral regime, political freedoms, civil rights, horizontal accountability & the real governing power. Apart from these five partial regimes, whose stable interrelationship is a prerequisite for the internal embeddedness of democracy, there are some external democracy-fostering conditions: the high level of socio-economic development, the integration into the democratically-oriented international economic & political alliances & the vital civil society. The author puts particular emphasis on the importance of the latter since it is not a part of the democratic political system but a way of organizing a non-state sphere of individual & group activity for the protection of individual rights, safeguarding the rule of law, the political socialization & the institutionalization of the public as the medium of democratic self-reflexion. & finally, the main types of defective democracy are outlined -- the exclusive, the domain, the nonliberal & the delegative -- as well as the key reasons underlying these deficits. 3 Tables, 1 Figure, 60 References. Adapted from the source document.

In spite of the fact that Serbia is a multicultural state in which many ethno-cultural minorities live, that basic regulations have been issued which secure the rights of ethnic minorities, and that a system of multiculturalism has been established, only partial recognition of the identity and rights of ethnic minorities has been accomplished in Serbia. This has been carried out through introducing procedures, rules, institutions, mechanisms and instruments which guarantee the exercise of rights of ethnic minorities which live and develop their own identity alongside other minorities and the ethnic majority, with the actual effect that, regardless of the attained high level of multiculturalism, the minorities are still separated, mutually and with regard to the majority, i.e. ghettoised. This is caused by the established type of segregative multiculturalism, which contributes to the situation in which minorities are separated; they coexist, but are not intermixed in an integrated multicultural society. Adapted from the source document.

In spite of the fact that Serbia is a multicultural state in which many ethno-cultural minorities live, that basic regulations have been issued which secure the rights of ethnic minorities, and that a system of multiculturalism has been established, only partial recognition of the identity and rights of ethnic minorities has been accomplished in Serbia. This has been carried out through introducing procedures, rules, institutions, mechanisms and instruments which guarantee the exercise of rights of ethnic minorities which live and develop their own identity alongside other minorities and the ethnic majority, with the actual effect that, regardless of the attained high level of multiculturalism, the minorities are still separated, mutually and with regard to the majority, i.e. ghettoised. This is caused by the established type of segregative multiculturalism, which contributes to the situation in which minorities are separated; they coexist, but are not intermixed in an integrated multicultural society. Adapted from the source document.

The collapse of the communist systems has brought about the crisis of identity & political efficacy of the Left, not solely in Eastern Europe but in the West as well. Due to this situation, the author claims, all the elements of the traditional leftist identity have come under scrutiny. This applies both to the political ingredients common to all leftist parties (the primacy of the economy, rejection of private ownership & market, egalitarianism, collectivism, & the theory of progress) as well as the elements that instigated irreconcilable differentiations within the Left (internationalism vs nationalism, parliamentary democracy, attitudes toward violence, reform vs revolution). The author concludes that due to the complex structure of the problems facing leftist parties, & other political protagonists as well, there is little possibility for the emergence of an all-embracing leftist political program; instead, partial program variation should be expected. 6 References. Adapted from the source document.

Visoke i rastuće regionalne ekonomske nejednakosti u Hrvatskoj uz »parcijalnu decentralizaciju« sustava socijalne skrbi rezultirale su porastom socijalnih nejednakosti među hrvatskim građanima. Spomenuti procesi rezultirali su situacijom da se jedno od temeljnih načela socijalne države i socijalne politike kao što je načelo jednakosti sve više narušava. Navedeno ima za posljedicu da razina ostvarenja socijalnih prava građana u Hrvatskoj u sve većoj mjeri ovise o mjestu stanovanja i socioekonomskom statusu. Navedena tvrdnja je središnja hipoteza rada koja je eksplicirana analizom dostupnosti institucionalne skrbi za starije osobe po županijama u Hrvatskoj i lokalnih socijalnih programa izabrane četiri jedinice lokalne samouprave. Provedena analiza pokazala je značajnu razinu međužupanijskih nejednakosti u dostupnosti institucionalne skrbi za starije te isto tako analizom izdvajanja i strukture lokalnih socijalnih programa demonstrirala da je stupanj ostvarenja socijalnih prava građana Hrvatske u značajnoj mjeri neujednačen i ovisan o mjestu stanovanja i socioekonomskom statusu. Uzroci za navedenu situaciju nalaze se u neuspješnim politikama ujednačavanja regionalnog razvoja i parcijalno provedenoj decentralizaciji sustava socijalne skrbi. Zaključno poglavlje donosi određene preporuke za nositelje ekonomske i socijalne politike kojima bi se demonstrirane i rastuće socijalne nejednakosti hrvatskih građana potencijalno ublažile. ; High and increasing regional economic inequality with 'partial decentralization' of social welfare system in Croatia resulted in an increase of social inequality among Croatian citizens. The aforementioned processes resulted in a situation in which one of fundamental principles of social welfare and social policy, such as the principle of equality, is being seriously impaired. The result of that is that the realization of social rights of citizens in Croatia is increasingly dependent on the place of residence and socio-economic status. This claim is a central hypothesis of the paper which was demonstrated by analyzing the availability of institutional care for the elderly by county in Croatia and an analysis of local social programs of four selected units of local self-government. The analysis demonstrated a significant level of inter-county disparities in the availability of institutional care for the elderly and the analysis of local social programs has shown that the degree of realization of social rights of Croatian citizens is largely uneven and dependent on the place of residence and socio-economic status. The causes for that situation had come from the unsuccessful policies of harmonization of regional development and partial decentralization of the social welfare system. The final chapter provides specific recommendations for economic and social policy makers with potential positive effects which would decrease social inequality of Croatian citizens in the future.

This contribution to the discussion about Dag Strpic's book Karl Marx and the Political Economy of Modernity focuses on the author's assessment that the weakening of US economic hegemony is questionable, especially with regard to the future prospects of capitalism (and its development), and prefers to speak of a "redesign" thereof. Accordingly, this article analyses in detail three aspects of capitalism redesign: the causal, the contingent and the functional aspects. Regarding causality, the partial redistribution of leading roles in world economy is caused by the introduction of new methods, from industrial and media technology to financial speculations and new wars -- which make profit-making possible. Regarding contingency, the shift in the centre provides opportunity for a small number of countries, such as China, India and Brazil, which are endowed with capitalist "talent" (in the sense of combining the policy of resource mobilization with elements of positive evaluation of labour in the local culture), to climb the ladder of successful development. The functional aspects indicate the favourable effects of the shift in the centre not only for newcomers to the club of the most developed, but also to the USA. The financialization of (primarily American) economy, along with giving over leadership to other industrial powers in many branches of industrial production, and in the rate of economic growth -- i.e. with a "new division of labour" in the centre -- gives to the US some sort of "aristocratic" status in the world of capitalism. Such a status is not incompatible with the cyclic process of capitalism development. Instead of a dialectical leap toward socialism, it rather aspires to a partial restoration of feudalism, as a global order of strong states in the centre and weak or apparent states on the margins. This, however, is not the worst possible ending of modern history. If a much more pronounced decline of US economic power in favour of the newcomers were to occur, this would probably strengthen the brutality of capitalism rather than weaken it. Provided that, in the EU, the trend of further decomposition of the welfare state is stopped, and the indispensable balance between the requirements of economic growth and of social solidarity and general well-being is restored, only a genuine and comprehensive "Europeanization" of the capitalist system could make possible the emergence of a global capitalism with a human face, and probably also of a world state which would provide for a balanced development of all parts of the world. Adapted from the source document.

Autorica u članku analizira demokratsku tranziciju i prvo desetljeće meksičke demokracije. Navodi da se demokratska tranzicija odvijala paralelno sa snažnim uzdizanjem narkobiznisa, što je uzrokovalo stvaranje izvanustavnih aktera – narkokartela. Situacija je najproblematičnija u šest meksičkih saveznih država u kojima narkokarteli uzrokuju manjkavosti u funkcioniranju većine parcijalnih režima ustavne demokracije. U zaključku je iznesen strah da bi se urušavanje demokracije moglo proširiti na ostale savezne države te da bi se Meksiko mogao pretvoriti u narkodemokraciju na cjelokupnom državnom teritoriju. ; In this paper, the author analyses the democratic transition and the first decade of the Mexican democracy. She points out that the democratic transition took place parallel with a huge expansion of the drug business, which caused the creation of extraconstitutional actors – drug cartels. The situation is particularly pressing in six Mexican federal states where the drug cartels cause deficiencies in the functioning of the majority of partial regimes of constitutional democracy. The conclusion raises fears that the collapse of democracy might extend to other federal states and that Mexico could turn into a narco-democracy in its entire national territory.

Religion & religious communities as active components of each social & cultural set & as major factors in its functioning may contribute to social processes & relations or affect them both integrationally & disintegrationally. The paper lays out the theoretical & methodological grounds (functionalism) for the analysis of these processes & relations. As the examples of the integrational influence on the social & political processes in Croatia following all the social & political changes, we can mention the activities of the Catholic church (particularly in the Diaspora) &, to a degree, those of the Pentecostal church, while the disintegrational influence was exemplified by the activities of the Serbian Orthodox church. The text also includes a comparative analysis of the empirical data obtained from two studies carried out in Croatia (based on several partial indicators), which indicate a marked turn towards religiosity. Highlighted are possible individual & social aspects of these changes as well as the need for a complex & systematic monitoring of the religious developments in Croatia, the results of which might point to the possible integrational or disintegrational potentials of this "new religiosity" within a broader social framework. 4 Tables, 9 References. Adapted from the source document.

Kant's concept of "perpetual peace" is the cornerstone of the rational human right that, in the form of international law, bears upon all states. However, the prerequisite for enduring international legal security & peace is that the internal affairs of states are based on constitutional & republican principles. Although Kant is clearly aware of the antinomies & paradoxes of a world league of states, he nevertheless postulates the ideal of a world league of republican states, since it corresponds to the general striving of nature & moral consciousness; such a league would guarantee a relatively peaceful coexistence among the states, based on international legal precepts. Hegel has often (& wrongfully) been accused of being an apologist of war; in fact, he only realized (having in mind the realities of sovereign national states) the inevitability of multilateral conflicts -- including military ones. His disproval of Kant's ideal of a league of states is based on his disbelief in the feasibility of supranational law, which should be superior to the absolute sovereignty of the state & keep an eye on & contain its partial interests. Adapted from the source document.

In the last two decades, turnout research has disintegrated into a plethora of studies which focus on partial aspects of turnout. The overall idea of why people vote has been lost. Despite extensive research on turnout, we know relatively little about why people vote. The aim of this text is to present and critically discuss basic theories that explain voter turnout at the individual level. Overall, six theories are presented: the theory of socio-economic status and resources, the theory of civic orientations, the theory of mobilization and involvement in society, the theory of rational choice, the theory of valence politics, and the theory of habitual voting. These theories are discussed mainly from three aspects: (1) the causal mechanisms explaining why people vote; (2) the extent to which each theory links the decision to participate in an election with the decision about which party or candidate to vote for, as well as the sequence of these decisions; and (3) the timing of voters' decisions to participate in an election. The author argues that because of the heterogeneity of voters and the nature of the decision whether or not to vote, it is necessary to understand individual theories not as competitive, but rather as complementary. Adapted from the source document.

The paper gives a comparative overview of the politics of history that were characteristic for the HDZ's government in Croatia & HZDS's government in Slovakia (during the 1990s). Those politics worked to overcome the democratic deficit of the two regimes. Firstly an overview of the discipline is given, with subsequent emphasis on the importance of the comparative perspective, especially with respect to the role of the politics of history in legitimizing the political regimes of Central & Southeast European. The comparison of the Croatian & Slovakian cases is in the focus since both countries share similar history, & hence a similar structure of the national collective memory. The discourse analyses show that both regimes used very similar self-legitimating historical discourse: the myth of the thousand-year uninterrupted statehood finally accomplished in the 1990s, & the twentieth century nations' victimization by Serb/Czech hegemony, contested by the partial rehabilitation of the Croat & Slovak World War II states. Moreover, the analyses show differences originating from the different historical experience during the period of the common Hungarian rule, as well as the different experience of the Yugoslav & the Czechoslovak federation, with final differences of the role of the political actors in the two countries. The author points to a gap in the relevant research of the nexus between historical narratives & political power. Adapted from the source document.

Tema je ovoga rada prikaz graditeljske slojevitosti srednjovjekovne ivanovačke kapele u Pakracu. Kapela je sačuvana u arheološkom sloju. Tijekom višegodišnjih arheoloških istraživanja, započetih 2017. godine, utvrđena su dva srednjovjekovna graditeljska sloja: izvorna ivanovačka kapela i kasnije utvrđena crkva. Ivanovačka je kapela bila dvoranska crkva ravno zaključenog svetišta (Saalkirche) koja je utvrđena tijekom drugoga graditeljskog sloja. Pronađeni su kameni ulomci arhitektonske plastike in situ i u šuti te je njihovom arhitektonskom analizom, uz analizu komparativnih primjera, potvrđeno postojanje dvaju srednjovjekovnih graditeljskih slojeva, a izvedena je i djelomična rekonstrukcija tlocrta izvorne kapele i kasnije utvrđene crkve. ; The topic of this paper is a study of the architectural stratification of the medieval Hospitaller chapel in Pakrac. The chapel is preserved in the archaeological layer. During perennial archaeological research, started in 2017, two medieval architectural layers have been confirmed: the Hospitaller chapel and a later fortified church. The Hospitaller chapel was a one-aisled church with a rectangular sanctuary as wide as the church (Saalkirche type of church), which was, during the second medieval architectural layer, fortified. Various stone fragments were found in situ and in debris, and their stylistic and architectural analysis, as well as their comparison with similar examples of architectural sculpture, has confirmed the existence of two medieval layers of the Pakrac church and, also, allowed for a partial reconstruction of the layout of the original Hospitaller chapel and the later fortified church.

The author analyzes the feasibility of the call for a European constitution. It is thought that there is something that may be called European constitutional principles, as defined in various agreements, & also a legal & institutional system that derives its validity & viability from those agreements. Although the Treaties of Rome do not include an explicit catalogue of fundamental rights, they nevertheless guarantee four economic freedoms: those of the movement of people, goods, capital, & services. However, the character of the European Union as a legal community is based on individual constitutions. Two questions arise from this: (1) The member countries remain the masters of the integration, which makes the EU more similar to the late medieval legal condition of partial juridization of political rule than a community with a modern constitution. (2) The European Union does not have pouvoir constituant. This fact has been criticized by the advocates of the idea of a European constitution who think that the EU needs a constitution to establish & maintain links among its citizens. According to them, this would represent the initial impetus for the political community. The author concludes that a European constitution could pave the way for the institutions that create a feeling of togetherness or unity of the citizens. On the other hand, one should not expect anything less. Adapted from the source document.