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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide "revolutionary" solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.

The tendency towards a harmonisation of procedural law in the European Union is increasingly stronger and gaining importance. It is achieved by reaching a consensus in overcoming differences between legal systems. The European Union is at present an alliance of 28 sovereign states aimed at establishing an area of freedom, security and justice. Moreover, that the European Union is a creation in statu nascendi is clearly visible in the current situation and the development trends of legal harmonisation in the field of international consumer insolvency law. Consumers are frequently travelling, buying abroad and entering into contracts with foreign credit institutions. As they move from one country to another and are employed in countries other than the one in which they reside, insolvency and debt relief at the cross-border/international level is becoming more widespread, and more effective regulation is a necessity. The aim of this paper is to point out potential problems in the regulation of consumer bankruptcy with a cross-border element that may occur in the case-law of the Croatian courts. In the analysis of the institute of consumer bankruptcy with a cross-border element through the solutions of the Regulation 1346/2000 and Regulation 2015/848 (recast) we used a methodological procedure which involves the study of domestic and foreign literature, relevant legal provisions, as well as an analysis of domestic and foreign legal practices. We consider it important to note that the framework of this paper does not allow a detailed analysis and that we are forced to limit ourselves exclusively to some aspects of the issue at hand.

The legal concept of the "right to a home" reflects the principle of social solidarity. It is rooted in modern philosophical and theoretical humanistic school of thought, but also in the secular sense of avoiding social Darwinism. Nevertheless, this principle can, as any other, turn into its own opposite. Its realisation can also result in consequences that challenge its meaning. However, this does not diminish its value. The emphasis here is on the modalities of its application. Therefore, the author shall analyse the practice of the European Court of Human Rights (hereinafter: ECHR) in proceedings concerning the right to a home and its implementation in the Croatian legal system. He assumes that these findings could be a key to understanding the subject of the paper based on ECHR case-law. The complexity of the research topics and the set tasks of this paper determined the choice of methods. Consequently, the author used normative legal methodological approach in the analysis. It is important to note that the scope of this paper does not allow for a detailed analysis of this topic; we are therefore forced to limit our analysis exclusively to some aspects/issues of the new enforcement legislation.

Temelj socijalne države čini sustav socijalne zaštite i sigurnosti. U operativno-metodološkom kontekstu radi se o troškovima socijalne sigurnosti. Jedna od najvećih stavki odnosi se na mirovine, kao (naj)veće komponente ukupnih izdataka za socijalne prestacije u svim zemljama Europske unije, pa tako i u Republici Hrvatskoj. Namjera rada nije ulaziti u analizu postojećeg mirovinskog sustava, namjera je konstatirati da pritisak davanja za mirovine uvjetovan pogoršanjem odnosa broja zaposlenih i broja umirovljenika nije zaobišao ni Republiku Hrvatsku, što je rezultiralo novim izazovima i pitanjima koje treba riješiti. Jedno od pitanja koje je predmet rada jest može li potrošački stečaj kao mjera sa socijalnim obilježjem kompenzirati negativne posljedice većeg broja umirovljenika i manjih mirovina u slučaju da se kod starijih osoba javi potreba za njegovim pokretanjem. ; System of social protection and security represent basis of social (welfare) state. In the operational- methodological context, it is about social security costs. One of the largest items refers to pensions, as the (largest) component of total expenditures for social benefits in all countries of the European Union, including the Republic of Croatia. The intention of this paper is not to enter into the analysis of the existing pension system, but to state that the pressure of pension payments due to the deteriorating ratio of employees and retirees has not bypassed the Republic of Croatia, which has resulted in new challenges and issues to be addressed. One of the questions, that is the main subject of the paper, is whether consumer bankruptcy as a measure with a social feature can compensate for the negative consequences of a larger number of pensioners and lower pensions in the situation that the elderly need to initiate it.

The prevailing approach in mainstream economic theory is that the role of government should be reduced to ensuring an appropriate institutional framework and political stability for the proper functioning of the (free) market. Although the free market concept has proven (at least in theory) to be an unsurpassed mechanism for the effectiveness of economic decision-making and the reconciliation of production and consumption, there are still disputes about the degree of state intervention in the market, which are being re-actualized (in the post-transition and globalization process) when it comes to solving solvency problem(s) in the shipbuilding industry. Although various methodological approaches are available to study such a complex problematic framework, this paper analyzes the legal aspect, since the empirical debates (on some aspects) on the legal regulation of the maritime domain and insolvency proceedings (as well as the ambiguities that have arisen in the application of existing regulations) clearly show which areas and issues need to be urgently addressed and/or reformed.

The prevailing approach in mainstream economic theory is that the role of government should be reduced to ensuring an appropriate institutional framework and political stability for the proper functioning of the (free) market. Although the free market concept has proven (at least in theory) to be an unsurpassed mechanism for the effectiveness of economic decision-making and the reconciliation of production and consumption, there are still disputes about the degree of state intervention in the market, which are being re-actualized (in the post-transition and globalization process) when it comes to solving solvency problem(s) in the shipbuilding industry. Although various methodological approaches are available to study such a complex problematic framework, this paper analyzes the legal aspect, since the empirical debates (on some aspects) on the legal regulation of the maritime domain and insolvency proceedings (as well as the ambiguities that have arisen in the application of existing regulations) clearly show which areas and issues need to be urgently addressed and/or reformed.

The important doctrine in the case of the law of European Court of Human Rights (ECHR) is a "wide margin of appreciation" of the Member States when they take legislative or judicial actions. Moreover, national authorities are best acquainted with their regulations as well as other circumstances relevant to the adoption of specific laws. Therefore, they must assess which legal solution is the most appropriate. This is an advantage enjoyed by the national states, but they also have the responsibility for choosing the most appropriate legal solution. Therefore, legal disputes over the role of Judicial Advisors in simplified consumer bankruptcy procedure and enforcement procedure (according to the Draft of Enforcement Act) as persons conducting the procedure and persons obliged to render a decision, need to be analysed from the perspective of the standard "court established by law" according to Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 29, 115 and 118 of the Constitution of the Republic of Croatia.

The contemporary stand among scientists is that the role of the state, within mixed market economies, should be reduced to the task of ensuring the institutional framework in order to protect the free market. However, occurrences of the "too-big-to-fail" entities constitute a challenge for the government regarding its ability to manage economic affairs in the traditional manner. Given that the nature of these entities makes them relevant on the verge of their own collapse, the authors focused on the legal and economic aftermath of their failures. The authors undertook extensive research into this topic with the primary goal of arguing that government regulation, in the cases of collapsing "too-big-to-fail" entities, is necessary for achieving stability of the system. After researching of the government's role both in theory and practice, the authors displayed the findings of the analysis of the legal possibilities within the bankruptcy law of the Republic of Croatia. The historical and practical context of the research is the implementation of the legislation in the complex case of Agrokor Group. Ultimately, the authors argue that the magnitude of the collapsing "too-big-to-fail" company requires government intervention in order to preserve economic stability in the region, in addition to maximizing social welfare.

The contemporary stand among scientists is that the role of the state, within mixed market economies, should be reduced to the task of ensuring the institutional framework in order to protect the free market. However, occurrences of the "too-big-to-fail" entities constitute a challenge for the government regarding its ability to manage economic affairs in the traditional manner. Given that the nature of these entities makes them relevant on the verge of their own collapse, the authors focused on the legal and economic aftermath of their failures. The authors undertook extensive research into this topic with the primary goal of arguing that government regulation, in the cases of collapsing "too-big-to-fail" entities, is necessary for achieving stability of the system. After researching of the government's role both in theory and practice, the authors displayed the findings of the analysis of the legal possibilities within the bankruptcy law of the Republic of Croatia. The historical and practical context of the research is the implementation of the legislation in the complex case of Agrokor Group. Ultimately, the authors argue that the magnitude of the collapsing "too-big-to-fail" company requires government intervention in order to preserve economic stability in the region, in addition to maximizing social welfare. ; U teorijskim analizama prevladava stajalište kako ulogu države unutar mješovitog gospodarstva treba svesti na osiguranje institucionalnog okvira za nesmetano egzistiranje slobodnog tržišta. Međutim, globalna zbivanja u domeni "too-big-to-fail" subjekata predstavljaju ogroman izazov za vlade glede sposobnosti efikasnog upravljanja ekonomskim aktivnostima i očuvanja sustava slobodne konkurencije. Posljedično, koncepti poput trgovačka društva od strateškog, posebnog ili sistemskog značaja počinju preuzimati sve važniju ulogu u vođenju ekonomskih politika diljem svijeta. Uvažavajući činjenicu da priroda "too-big-too-fail" kompanija čini te kompanije relevantnima nadomak propasti, fokus se u radu stavlja na pravne i ekonomske posljedice poslovnog kolapsa. Autori analizi pristupaju iz perspektive stečajnog prava posebno naglašavajući pravne okvire unutar kojih zakonodavac mora pronaći optimalno rješenje kao bi uklonio ili umanjio tržišne neuspjehe. Nakon predstavljanja uloge države u teorijskom i praktičnom smislu, autori pristupaju analiziranju pravnih mogućnosti posrnulih "too-big-to-fail" kompanija unutar zakonodavnog okvira Republike Hrvatske. Puna kompleksnost proučavane materije analizirala se na primjeru Agrokor Grupe gdje se potvrdila teza rada da u slučaju kolapsa "too-big-too-fail" kompanije državni intervencionizam predstavlja nužnost. U konačnici, zaključuje se da ekonomski značaj "too-big-to-fail" kompanije kojoj prijeti propast, nedvojbeno, zahtijeva državnu intervenciju s ciljem očuvanja ekonomske stabilnosti i maksimiziranja društvenog blagostanja.

The subject matter of this paper will be the protection of fundamental human rights from false and offensive information and hate speech on the Internet. The authors analyze the regulations and case law of the national courts of the Republic of Croa-tia, the ECtHR and EU Court of Justice. In conclusion, the authors note that the legal framework governing the protection of human rights in the digital environment has not been precisely developed, either at the national or at the international level. Nor has the case law thus far demonstrated clear and unambiguous precision in the interpretation of existing regulations. It is extremely difficult and challenging to achieve the right balance between the freedom of expression of the media and the right of individuals to protection of personality rights. The media should react to inappropriate content in a timely manner, but the general obligation to 'filter' comments of online media users is incompatible with the freedom of expression. Excessive control of information can easily turn into censorship. However, we believe that it is necessary to clearly regulate the rights and obligations of participants on the Internet because transparency and predictability of accountability is the only way to establish protection of fundamental rights of individuals and certain vulnerable groups.

Legal transplant, as a legal phenomenon, has always been present in legal history, and was especially brought to the fore in terms of creating major economic integrations, such as the European Union (EU). Membership of the Republic of Croatia in the EU has its strong legal basis because it belongs to the continental law school initially based on the reception of Roman law, and later German law. The Croatian academic community believes that the harmonization of bankruptcy and legal regulations with the EU laws is not a goal in itself, but has a strong economic rationale. In this context, a number of ambiguities in the current bankruptcy legislation are indicated, one of them being the absence of lex specialis regulations for consumer bankruptcy. As the legislator showed an initiative for the reception of a model of consumer bankruptcy (the Foundation for the Introduction of Personal Bankruptcy, Ministry of Justice, Zagreb, 2012, pp. 1-6, and Draft Proposal of the Statement of the Regulatory Impact Assessment for the Preparation of the Draft of the Consumer Bankruptcy Law Proposal, Ministry of Justice, Zagreb, 2012, pp. 1-5 and finally Draft of the Consumer Bankruptcy Law Proposal, Ministry of Justice, Zagreb, June 2014) modeled on German legal solutions, the authors analyze the justification of such regulation in this paper.

Legal transplant, as a legal phenomenon, has always been present in legal history, and was especially brought to the fore in terms of creating major economic integrations, such as the European Union (EU). Membership of the Republic of Croatia in the EU has its strong legal basis because it belongs to the continental law school initially based on the reception of Roman law, and later German law. The Croatian academic community believes that the harmonization of bankruptcy and legal regulations with the EU laws is not a goal in itself, but has a strong economic rationale. In this context, a number of ambiguities in the current bankruptcy legislation are indicated, one of them being the absence of lex specialis regulations for consumer bankruptcy. As the legislator showed an initiative for the reception of a model of consumer bankruptcy (the Foundation for the Introduction of Personal Bankruptcy, Ministry of Justice, Zagreb, 2012, pp. 1-6, and Draft Proposal of the Statement of the Regulatory Impact Assessment for the Preparation of the Draft of the Consumer Bankruptcy Law Proposal, Ministry of Justice, Zagreb, 2012, pp. 1-5 and finally Draft of the Consumer Bankruptcy Law Proposal, Ministry of Justice, Zagreb, June 2014) modeled on German legal solutions, the authors analyze the justification of such regulation in this paper.