Nummer 8 der „Blätter für Öffentliches Recht“ zum downloaden
„Today is a historic day for Croatia and the European Union“ (José Manuel Barroso, President of the European Commission). This sentence is not only courtesy attitude that July of 2013 determines as the deadline for the Croatian entry to European integration, but presenting an accurate description of the final balance of years of negotiations of Croatian membership in the community of rights and values. „Historic day“, on the one hand, for Croatia could be revolutionary breakthrough from post-war ethno populistic public law culture into culture of the public law. Its balance sheet includes Croatian separation from the region in which was integrated, not only linguisticly, but also legally. On the other hand, the „historic day“ for the European Union is reflected in the three-year euro crisis. The Union, along with Croatian membership, will get in the fourth year of the crisis, which must be ended, either with the abolition of the common currency, or establishing a new European federation. The central issue of this Volume are selected aspects of the Croatian public law.
By this, Public Law Volumes do not want to focus on open problems of integration but to emphasise the open issues of national law, i.e. issues that could not been resoved by supranational law. For regional structure of Croatia, we remain on the ground of national law: we provide analyzes that are focusing on the difficulties in applying the administrative contract, the registration of ownership rights in social ownership, then the Croatian territorial organization, improving election administration and finally an analysis of a problem which consolidate aspects of public law and private law. The question of the importance of jurisdiction of the Court of the Justice of the European Union for the shaping the rules of procedure of civil procedure.
Concerning issues of Bosnia and Herzegovina, the Volume includes a several number of appropriate analyses; the central part is related to the jurisdiction of the highest courts, i.e. overview of two decisions: one of the Court of Bosnia and Herzegovina and other of Constitutional Court of Bosnia and Herzegovina. First of all, we are addressing to the tenth anniversary of the Law on Defamation. On this occasion we have published an analysis of the balance of case law arising by implementing of this Law as well as an analysis of its weaknesses. Additionally, there is overview of the legal consequences of the termination of the Commission for Real Property Claims of Displaced Persons and Refugees. Once again this analysis draws attention on the fate of open and pending cases under the jurisdiction of the Commission. We conclude this Volume by overview of decisions of Bosnia and Herzegovina courts. In one decision (Constitutional Court of Bosnia and Herzegovina) is analyzed adulterated procedure of the Constitutional Court with regard to their own practice, in the other, the practice of the Court of Bosnia and Herzegovina has been affirmed that the field of rights of the competition directly takes over the practice of the Court of Justice of the European Union as well as European Commission.
Public Law Volumes will continue and we wish our readers a pleasant reading.