Click to access the full text issue of SPLITLAW 2025 Book of proceedings

 

CONTENT

Pawel Mazur
EQUAL TREATMENT OF SHAREHOLDERS AND GENERAL PRINCIPLES OF LAW

Najada Kilic
INTEGRATING ESG CRITERIA IN CANDIDATE COUNTRIES: THE CASE OF CORPORATE GOVERNANCE IN ALBANIA

Barbara Bokor
LEGAL ANALYSIS OF EU REGULATIONS ON CIRCULAR ECONOMY AND SUSTAINABILITY PRINCIPLES IN PLASTIC FOOD PACKAGING

Ana-Maria Bogović
CONFIDENCE IN THE JUDICIARY REGARDING UNFAIR BANKING OPERATIONS IN RELATION TO THE CURRENCY CLAUSE AND ITS IMPACT ON THE REAL RIGHTS OF CONSUMERS

Józsa Ede
AN EXAMINATION OF THE NATURE OF A SMART CONTRACTS AS A LEGAL TRANSACTION

Tea Micevska
LEAVE TO FILE A SECOND APPEAL AS A MECHANISM FOR UNIFYING JUDICIAL PRACTICE: THE NORTH MACEDONIAN PERSPECTIVE

Doris Skaramuca
EVALUATING THE ADMISSIBILITY OF AI EVIDENCE IN CRIMINAL PROCEEDINGS: LEGAL STANDARDS AND ETHICAL IMPLICATIONS

Orsolya Horváth
PRESERVING AND RECONSTRUCTING EVIDENCE WITH 3D PRINTING TECHNOLOGY: OPPORTUNITIES AND CHALLENGES

István Szijártó
CHALLENGES TO THE RULE OF LAW IN THE EU SYSTEM OF JUDICIAL COOPERATION WITH SPECIFIC REGARD TO PROCEDURAL GUARANTEES IN CRIMINAL LAW AND COOPERATION SYSTEMS BASED ON THE PRINCIPLE OF MUTUAL RECOGNITION

Lulezim Barjamemaj
OPTIONAL GROUNDS FOR REFUSAL IN THE EUROPEAN ARREST WARRANT INSTRUMENT: A JURISPRUDENTIAL ANALYSIS

Andrej Bozhinovski
PROTECTION OF THE RIGHTS OF WRONGFULLY CONVICTED PERSONS IN CROATIA

Ratoi Razvan Ionut
STATUTORY LIMITATIONS AND THE RULE OF LAW: ROMANIA’S STRUGGLE FOR JUSTICE AND EU ALIGNMENT

Ema Turnšek
THE FOUNDATION OF THE RIGHT TO DATA PROTECTION IN EUROPE IN THE LIGHT OF HEALTH DATA

Barbara Hribar
LEGAL CHALLENGES OF DIGITALIZATION IN THE LEGAL PROFESSION: BALANCIN LEGALITY AND ECONOMIC EFFICIENCY

Ana-Marija Kraljik
EUROPEAN HEALTH DATA SPACE – A NEW APPROACH TO THE DIGITAL TRANSFORMATION OF THE EUROPEAN UNION

Pawel Urzenitzok
ALGORITHMIC ACCOUNTABILITY IN FACIAL RECOGNITION TECHNOLOGY: ADDRESING BIAS AND TRANSPARENCY IN EUROPEAN LAW WNFORCEMENT APPLICATIONS

Mario Diez Royo
MICHIHITO MATSUDA AND THE SPECIFIC STATUS FOR ROBOTS

Judit Böröcz
JUDICIAL INDEPENDENCE AS A GUARANTEE OF CONFIDENCE IN THE JUDICIARY: ADEQUATE REMUNERATION OF JUDGES AS A PREVENTION OF CORUPTION

Eugen Gheorghe Crisan
POLITICAL IMMUNITY AND LEGAL LIABILITY

Click to access the full text issue of SPLITLAW 2024 Book of proceedings

 

CONTENT

Vedrana Švedl Blažeka
CHALLENGES AND DOUBTS OF THE PRINCIPLE OF ACQUISITION OF A COMPANY SHARE IN GOOD FAITH

Elena Assenza
HARMONIZING DUE DILIGENCE IN THE EU: THE UN GUIDING PRINCIPLES (UNGPs) AND THE EU CORPORATE SUSTAINABILITY DUE DILIGENCE DIRECTIVE (CSDDD)

Marta Hren
TOKENS AS OBJECTS OF PROPERTY RIGHTS – WITH NFT AS AN EXAMPLE

Thembi Pearl Madalane
RECONCEPTUALISING INTERNATIONAL ECONOMIC LAW: TOWARDS COMPREHENSIVE AGREEMENTS ON INVESTMENT AND TRADE (CAITs)

Felipe Cristancho
THE INCLUSION OF HUMAN RIGHTS IN INTERNATIONAL INVESTMENT LAW

Namsrai Battulga
THE HYPOTHESIS OF BALANCING FRANCHISE DISPUTE RESOLUTION: COURT AND ARBITRATION MATTERS

Martina Makaturová
IS THE CHARTER OF FUNDAMENTAL RIGHTS OF EUROPEAN UNION APPLICABLE IN CRIMINAL PROCEDURE?

Rehab Abdullah Omar Barnawi
CONTRIBUTION OF THE LEGAL REFORMS IN KSA TOWARDS WOMEN’S LEGAL EMPOWERMENT IN EMPLOYMENT

Claudia Lydorf
MODULAR SYSTEMS – INTELLECTUAL PROPERTY RIGHTS AND LEGO BRICKS

Tea Micevska
THE ODYSSEY OF WRITTEN WITNESS STATEMENTS IN CIIVL PROCEDURE

Gellért Nagy
SOME REMARKS ON THE CONCEPT OF GLOBAL CONSTITUTIONALISM AND THE PROTECTION OF NATIONAL SOVEREIGNTY

Alexandru Bajdechi
COMPARATIVE ANALYSIS OF CONSTITUTIONAL SAFEGUARDS FOR DECENT LIVING STANDARDS: ROMANIA, SLOVAKIA, AND CROATIA

Francisco Javier Moreno Ordoño
THE RIGHT TO MINIMUM INCOME: GERMAN AND ECHR MODELS OF ITS JUDICIAL PROTECTION

Laura Gazdagová
IMPROVEMENTS AND CHALLENGES IN THE PROTECTION OF THE RIGHT TO WATER AND SANITATION UNDER THE AUSPICES OF THE UNITED NATIONS

Eleonora Iannario
REDRAWING THE BOUNDARIES BETWEEN “US” AND “THEM”: DOES CITIZENSHIP ENHANCE INTEGRATION OR INCREASE EXCLUSION?

Sarra Rahoui
NAVIGATING POLITICS AT THE EDGE: SAFEGUARDING THE EU’S EXTERNAL BORDERS AMID IMMIGRATION DISCOURSE

Zita Nyikes
PROTECTION OF THE REPUTATION OF THE LEGAL ENTITIES IN TERMS OF HUMAN RIGHTS

SPLITLAW is a Journal which publishes papers primary from doctoral students (PhD students) and post-doctoral (PostDoc) researchers in the law and law related fields if they presented their papers at the International Doctoral and Postdoctoral Conference in the Law and Law Related Fields – SPLITLAW, which is organized by the Faculty of Law, University of Split (Croatia) with international members in the Organizing and Program Committee. Conference is held one (1) time per year (in May).

The conference is organised as a recognised lifelong learning programme of the Centre for Lifelong Learning of the Faculty of Law, University of Split. The main goal of the conference is to contribute to the education, training and improvement of conference participants: 1) in the acquisition of specific theoretical and practical knowledge for carrying out the independent research work they have started (identification, interpretation and evaluation of appropriate legal norms; comparison and discussion of the application of appropriate legal solutions at national, European and international level from the point of view of their application by courts, insurance companies and other bodies responsible for practise);

2) in the acquisition and development of general skills related to management skills for conducting research; presentations of partial/full results of conducted scientific/professional research (presentation and explanation of the results of scientific/professional research in the field of the research topic at an international conference); participation in the discussion on the exchange of acquired knowledge and experience in the application of relevant research results in practise (courts, lawyers, public administration, labour market, etc.); receiving constructive feedback and advice from the quality discussion and cooperation with the international community – other PhD students, PostDoc researches, academics and practitioners (judges, lawyers, business sector, etc.) with the aim of improving their ongoing research, and creating a stimulating environment for building cooperation with other visitors and participants of the conference regarding future common areas of academic and professional work and research (conception and development of project ideas, organisation of webinars, etc.) and others.

SPLITLAW Journal publishes unpublished papers (or papers which have not been already sent for publishing in another Journal/Conference Book of Proceedings) on legal aspects of economic and social development and the challenges of the modern world, on the following or related topics:

– Legal consideration of economic contexts and application of legal solutions in practise;
– Improvement of theoretical and practical legal problem areas;
– Challenges of globalisation and Europeanisation of national law;
– Public and Private Law crossing paths in the EU;
– Challenges in maintaining democracy and the rule of law in the EU;
– European approach to digital transformation, digital economy and society – benefits and potential risks of AI technology;
– Challenges and the future of social policy in the EU;
– Cross-border labour mobility as the foundation of the EU market;
– Effective protection of the EU’s external borders – prospects and new challenges;
– Cross-border electronic data exchange in the area of judicial co-operation in civil and criminal matters;
– Monitoring of traders and legal protection of consumers;
– Confidence in the judiciary – independence and efficiency of the conduct of judicial proceedings in the context of economic crime;
– Legal certainty and efficiency of public administration – improvement of the investment environment;
– Legal and economic aspects of corporate governance – European companies as a stimulating business environment in the EU;
– Legal and regulatory challenges and barriers to smart, sustainable and inclusive growth and enterprise;
– Corporate governance, financing and auditing.

SPLITLAW Journal is published and owned by Faculty of Law, University of Split. SPLITLAW Journal has international Editorial Board.

INTERNATIONAL DOCTORAL AND POSTDOCTORAL CONFERENCE IN THE LAW AND LAW RELATED FIELDS
SPLITLAW

BOOK OF PROCEEDINGS

 

Publisher:
Faculty of Law, University of Split, Croatia

Editors in Chief
Ines Medić, PhD., Full Professor, Faculty of Law, University of Split, Croatia
Ranka Jeknić, Phd., Associate Professor, Faculty of Law, University of Split, Croatia

Executive Editor
Marko Ivkošić, PhD., Associate Professor, Faculty of Law, University of Split, Croatia

Junior Editor
Blanka Čop, PhD., PostDoc, Faculty of Law, University of Split, Croatia

Technical Editors
mr. sc. Ivona Matas, mag. iur., librarian, Faculty of Law, University of Split, Croatia
Tomislav Staničić, M. J., senior librarian, Faculty of Law, University of Split, Croatia

Editorial Board
Vesna Barić Punda, PhD., Full Professor, Faculty of Law, University of Split, Croatia
Marija Boban, PhD., Full Professor, Faculty of Law, University of Split, Croatia
Bosiljka Britvić Vetma, PhD., Full Professor, Faculty of Law, University of Split, Croatia
Marko Ivkošić, PhD., Associate Professor, Faculty of Law, University of Split, Croatia
Jens Lowitzsch, PhD., Full Professor, Europa-Universität Viadrina Frankfurt (Oder), Germany
Tomaž Keresteš, PhD., Full Professor, Faculty of Law, University of Maribor, Slovenia
Vesna Rijavec, PhD., Full Professor, Faculty of Law, University of Maribor, Slovenia
Wojciech Zalewski, PhD., Associate Professor, Faculty of Law, University of Gdansk, Poland
Małgorzata Balwicka-Szczyrba, PhD., Associate Professor, Faculty of Law, University of Gdańsk, Poland
Piotr Uziębło, PhD., Associate Professor, Faculty of Law, University of Gdańsk, Poland
Victor Garcia Yzaguirre, PhD., Faculty of Law, University of Girona, Spain

Technical Board
Ante Šimun Majstorović, mag. iur., Faculty of Law, University of Split, Croatia
Josip Tadić, mag. iur., Faculty of Law, University of Split, Croatia

 

The journal is published annually.

SPLITLAW publishes papers on legal aspects of economic and social development and the challenges of the modern world from doctoral students (PhD students) and post-doctoral (PostDoc) researchers from the field of social sciences – law and other related fields of social sciences or interdisciplinary fields related to law.

The Editorial board accepts for publication only unpublished papers or papers which have not been already sent for publishing in another Journal/ Conference Book of Proceedings. For publishing in SPLITLAW papers should be written in English language, accepted for presentation in the International Doctoral and Postdoctoral Conference in the Law and Law Related Fields – SPLITLAW, presented in the International Doctoral and Postdoctoral Conference in the Law and Law Related Fields – SPLITLAW and and two positive reviews were received in relation to it.

Before the paper is submitted for publication, the author is responsible for ensuring that the English language is thoroughly revised.

All submitted papers will be double-blind reviewed and checked for text similarity (plagiarism).

The papers should be return to the authors if they do not fulfil all substantive and technical standards.

One author can publish a maximum of one (1) paper. It is not possible to publish an paper in co-authorship.

Papers should be sent in electronic form – in Word (.doc or .docx format) to the e-mail address splitlaw@pravst.hr

The paper need to have no more than 10,000 words in length (including tables and references).

Papers main text and the footnotes should be written in the same font (Times New Roman). The font size for the main text is 12 with a spacing of 1,5 and for footnotes 10 with a spacing of 1.

The title of the paper must be both concise and informative. The tables must be clearly and correctly arranged and properly described (number, title, legend).

Unnecessary emphasis (italics, bold, underlined, capital letters) should be avoided, especially in combination with quotation marks (i.e. no “quotation marks”).

Latin expressions and abbreviations are always written in italics (sui generis, infra, op. cit., ibid.).

In addition to the extensive references in footnotes, a bibliography is published at the end of the paper.

The information on literature is given in the FOOTNOTES according to the following rules.

For the first citation, a detailed description of the bibliographic unit is given, usually including the name(s) of the author, the title of the paper, the publisher, the place and year of publication and the page number given. For all types of publications, the surname and then the initial letter of the author’s name are given (different authors are separated by a semicolon), the title of the paper is written in italics (titles of books, articles), and different data are separated exclusively by commas and are always listed in the same order.

  1. Books

First entry:

Bačić, A.; Bačić, P., Legislatures and parliamentarism (constitutional chrestomathy), Faculty of Law in Split, Split 2007, p. 310.

Further citations:

When notes referring to the same source are cited consecutively, the mark ibidem, abbreviated ibid, is used. (“in the same place”, “the same”). Together with the abbreviation Ibid. the number of the cited page is also indicated.

1 Bačić, A.; Bačić, P., Legislatures and parliamentarism (constitutional chrestomathy), Pravni fakultet u Splitu, Split 2007, p. 310.

2 Ibid., p. 320.

When the same work is immediately continued with the same pages, the Latin term loc. cit. (loco citato, in the quoted place) is used.

1 Hrabar, D.; Hlača, N.; Jakovac-Lozić, D.; Korać Graovac, A.; Majstorović, I.; Čulo Margaletić, A.; Šimović, I., Family Law, Official Gazette, Zagreb 2021, p. 120.

2 Loc. cit.

If it is not possible to use ibid. with page number or loc. cit., it is obligatory to refer to the note in which the first reference is made. Only the author’s surname is given, and if there are more than three authors, only the surname of the first author and the abbreviation et al.

Hrabar, D. et al., op. cit. note 180, p. 125.

  1. Articles in journals

First entry:

Bilić, A., The impact of COVID-certificates on the right to work and the labor law status of workers in the Republic of Croatia, Collected Papers of the Faculty of Law in Split, year 59, 3/2022, p. 539.

Further citations (according to the rules indicated):

Bilić, op. cit. note 15, p. 541.

When several different works by the same author are mentioned for the first time in the same note, it is cited as follows:

Bilić, The impact…, op. cit. note 15, p. 538.

  1. Legal acts

The names of legal acts are not written in italics. When the act is first mentioned in the text, the full name of the act and the official gazette in which it was published should be given. Later, the usual abbreviations may be used, with a reference to the abbreviation in the first note mentioning the regulation (further in the text).

Criminal Procedure Act, Official Gazette, No. 152/2008, 76/2009, 80/2011, 121/2011, 91/2012, 143/2012, 56/2013, 145/2013, 152/2014, 70/2017, 126/2019, 126/2019, 80/ 2022 (hereinafter: CPA)

Art. 6. of the Convention for the Protection of Human Rights and Fundamental Freedoms, Official Gazette – International Conventions, No. 18/1997, 6/1999, 14/2002, 13/2003, 9/2005, 1/2006, 2/2010, 13 /2017 (hereinafter: ECHR)

The same rules apply to European regulations:

Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices directly affecting the functioning of the internal market, OJ L 193 of 19/07/2016 (hereinafter: Council Directive (EU) 2016/1164)

  1. Network resources

The name of the author and the title of the article or the name of the website, the link to the website and the date the source was accessed are given. The link to the website is not highlighted in any way.

Annual Migration and Asylum Report 2020 for Croatia, National Report (Part II), June 2021, p. 33, https://emn.gov.hr/emn-publikacije/ emn-izvjesca/godisnje-izvjesce-o-migracijama-i-azilu-za-2020-za-hrvatsku/637, 5 June, 2022.

On the other hand, if the main text states what it is about, the note can only contain:

See https://www.pledgesports.org/2020/01/most-followed-football-clubs-on-socialmedia/, 26 February, 2022.

REFERENCES (BIBLIOGRAPHY):

All sources used in the paper should be listed in the bibliography at the end of the paper and arranged and numbered alphabetically by the author’s (or first author’s) surname. The sources should be divided according to the following categories: Books and Articles, Legal Rules, Court Practice, Online Sources. For journal articles, the first and last pages of the article must be listed in the bibliography.

For writing a PAPER, please follow the paper template!

 

PAPER TEMPLATE

 

Your full Name and Surname:

Institution/Affiliation of Your work, State:

Name of the doctoral study:

The institution holding the doctoral study, State:

E-mail address:

THE TITLE OF THE PAPER  (font size 14)

 

ABSTRACT (font size 12)

 

The abstract (up to 250 words) should contain a short and clear presentation of the topic analysed in the paper, a description of the objective and methods as well as an explanation of the scientific/professional contribution of the written paper. –   Font size 10, italic, with a spacing of 1.

 

Keywords (up to five keywords): Keyword 1, Keyword 2, Keyword 3, Keyword 4, Keyword 5 –  font size 10, italic

 

 

  1. INTRODUCTION

 

  1. THE FIRST-LEVEL HEADING OF THE MAIN TEXT

 

      2.1. The sub-heading

  • Other sub-heading

 

  1. ANOTHER FIRST-LEVEL HEADING

 

      3.1. Another sub-heading

  • Another sub-heading

 

      ….

 

  1. CONCLUSION

    

 

REFERENCES

 

BOOKS AND ARTICLES

 

LEGAL ACTS

 

NETWORK RESOURCES

SPLITLAW is a Journal which publishes papers from doctoral students (PhD students) and post-doctoral (PostDoc) researchers in the law and law related fields if they presented their papers at the International Doctoral and Postdoctoral Conference in the Law and Law Related Fields – SPLITLAW. The author shall obtain permission from the Editors of the Journal if wishes to publish the paper in another conference proceedings, a scientific journal or elsewhere. The authors guarantees that paper has not been published previously, i.e. that it is not in the process of being published elsewhere.

The author guarantees that the papers, books and opinions of other authors used in the paper are clearly listed and labelled in the text or as sources in footnotes and in the references.

In the event of suspicion of unethical scientific behaviour (plagiarism, self-plagiarism, manipulation of data, change of authorship, etc.), the Editorial Board shall take appropriate measures guided by the principles of the Committee on Publication Ethics (COPE).

Reviewers are responsible to warn the editor-in-chief/executive editor if there is any reason for “conflict of interest” (Reviewers Conflict of Interest Statement) e.g. any current professional, financial, commercial, legal or other interest which could: significantly impair the individual’s objectivity in carrying out his or her duties and responsibilities regarding the reviewer’s process; create an unfair advantage for any person or organization; having a personal relationship (family or close friends) with the author. For this policy, circumstances that could lead a reasonable person to question an individual’s objectivity, or whether an unfair advantage has been created, constitute a potential conflict of interest. It is not considered a “conflict of interest” if the reviewers have worked together with the author at the same institution(s), have worked together with the author in a collaborative project(s), or if they have co-organized an event(s).

All submitted papers will be double-blind reviewed by the reviewers which are experts in the field of the paper topic.

Peer review process is carried out by filling out the Reviewer Assessment Form in which reviewers give their brief explanation on the following:

  1. The topic is scientifically/professionally relevant (the topic has been raised often, rarely, never etc.);
  2. The presented arguments contain evidence of current practice and/or research;
  3. The manuscript makes a significant (practical, useful, plausible) scientific contribution to the field;
  4. The major research findings are clearly presented explained and can be tested (clarity of goals and used methodology etc.);
  5. The summary reflects the main constructs, problems and findings;
  6. The specialized terminology is usefully defined and correctly applied;
  7. The references on the subject are sufficiently used (information about the numbers of pages, numbers of references, relevant sources of literature and jurisprudence);
  8. The manuscript doesn’t contain indicators of plagiarism or un-cited sources;
  9. The manuscript is well-structured; the title and section headings reflect the content and logically follow;
  10. The conclusion is well-grounded and logically drawn (objectives are reached etc.).

 

After a double blind review by at least two reviewers who gave a positive reviews, the accepted paper for publication will be categorised as:

1) Original scientific paper – the manuscript is characterised by originality of conclusions, or presents previously unpublished original results of scientific research in accordance with the highest criteria of scientific methodology;

2) Preliminary communication – the manuscript presents primary findings of research in progress, which due to current interest require immediate publication, but without the level of deep and thorough study required for a original scientific paper;

3) Review article – the manuscript contains a detailed and comprehensive critical review of a certain problem area, but with no significant originality of results, and includes a detailed reference list relevant for a particular topic; and

4) Professional paper – the manuscript is not necessarily related to original scientific research, rather contains information and experience relevant for a certain profession without scientific features.

If paper get one (1) positive and one (1) negative review, a third review is required. If paper get two (2) negative reviews, the paper will be rejected for publication.

Immediately after the review process finish, the author will be notified of acceptance/non-acceptance of the paper for publication.

SPLITLAW is an Open Access Journal. SPLITLAW is licensed under Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (https://creativecommons.org/licenses/by-nc-nd/4.0/). Authors retain copyright to articles published in the journal, but by consenting to publication, they give the journal the right of first publication. The content may be distributed without modification for non-commercial purposes, with attribution to the author.

Key title: Book of proceedings (International Doctoral and Postdoctoral Conference in the Law and Law Related Fields Splitlaw)

ISSN: 3043-9906 (Online)

UDC: 34

Creative Commons licenca
This publication is licensed under a CC BY-NC-ND 4.0 (Attribution-NonCommercial-NoDerivatives 4.0 International) licence.