Iustinianus Primus Law Review

FREELANCERS IN THE SERBIAN COMPANY LAW AND PRIVATE INTERNATIONAL LAW

Zattila Milena Jovanović — 2025-01-15

Undoubtedly, digital or gig economy is an ubiquitous phenomenon. Growing number of digital workers,
often using digital platforms as an intermediary, has not left Serbia a side. However, the Serbian legislator
has not completely, or successfully enough, regulated all the issues tackling legal protection of digital
workers in general - those whose contract with the demanding side is characterized as the individual
employment contract or rather as some general contract in terms of law of obligations. Besides, digital
(platform) work often imply the cross-border dimension, raising the issues of international jurisdiction
and applicable law with regard to the weaker party's protection. In Serbian company law, significant
implications of the legal status of digital worker come to the fore, as digital workers can be perceived as
entrepreneurs or as members of a one-person LLC. In this paper, the authors strive to open and discuss
some of the legal shortcomings or implications of digital worker's legal status stemming from the Serbian
company law and the Serbian private international law.

THE GUARDIANSHIP IN THE REPUBLIC OF NORTH MACEDONIA. NECESSITY TO TRANSIT FROM SUBSTITUTE DECISION-MAKING FOR THE WARD TO SUPPORTIVE DECISION-MAKING WITH THE WARD

Elena Ignovska — 2025-01-15

The author tackles the topic on guardianship in the intersection between family law and human rights that is very
important yet neglected in the Macedonian legal theory and jurisprudence. Namely, the Republic of North Macedonia
has ratified the Convention on Rights of Persons with Disabilities and has obligations to align its legal system
(primarily its Family Law and Law on Non-contentious Procedure, but also other laws) with its spirit. However, it
seems as if mental capacity is associated (or at least closely related) with legal capacity and as a result, persons
deprived of legal capacity are limited to enjoy and act upon many fundamental rights. The author concludes that the
Macedonian legal system is still very paternalistic when it comes to the relationship between vulnerable adults and
the persons responsible to protect their interests on their behalf, appointed by the State. Therefore, the principle of
presupposed ‘best interests’ dominates over the ‘will and preferences’ principle. Accordingly, the system recognizes
only substitute decision-making for the ward, instead of supportive decision-making with the ward. This should be
changed as a matter of priority in the future.

CONFRONTING THE DARK LEGAL HISTORY: BERND RÜTHERS – THE CONSCIOUS OF THE GERMAN LEGAL THEORY

Aleksandar Lj. Spasov — 2025-01-15

The German legal theory is of crucial importance for understanding the continental legal tradition to which most
of the continent’s legal systems belong. The continental legal tradition reaches far beyond Europe influencing the
development of legal systems of countries on other continents. Having in mind the reach history of the German
legal theory in reviving and rethinking the old Roman law that lies in the foundations of the contemporary
continental legal tradition, researching it is a very important task for all lawyers, theorists and practitioners that
work in legal systems belonging to the continental legal tradition. However, the German legal theory beside its
bright side has also a very dark past during the rule of the national-socialist terror regime in Germany from 1933
till 1945. The terror regime was underpinned by legal perversion to which creation, unfortunately, many leading
legal theorists contributed. After the end of the Second World War, as in many other areas of living, also in the
legal science ruled a “vow of silence”. During the sixties od the 20th century this “vow of silence” was interrupted
by an ambitious and brave young lawyer Bernd Rüthers who revealed the intellectual crimes of the leading
German legal theorists during that period in his habilitation thesis. The focus of this paper is on the intellectual
work of Bernd Rüthers in researching the dark side of the German legal theory and the influence his research had
on initiating a broader debate of this issue among German lawyers, but also historians during the eighties of the
20th century. That debate helped the process of “dealing with the past” in the German society that was necessary
not only to understand the dark past, but also not to let the dark past repeat in the future.

THE LEGAL STATUS OF SUCCESSOR STATES OF THE FORMER SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA (SFRY) IN CONTEMPORARY NUCLEAR GEOPOLITICS

Stefani Stojchevska — 2025-01-15

The objective of this research paper is to analyze the legal status of successor states of the former Socialist Federal
Republic of Yugoslavia (SFRY) – namely, Macedonia, Serbia, Croatia, Montenegro, Bosnia and Herzegovina and
Slovenia – as current non-nuclear-weapons states (NNWSs) in contemporary nuclear geopolitics. In that respect, the
research approach implemented includes some comparative remarks on Yugoslavia’s nuclear program through
Marshal Josip Broz Tito’s legacy, its international relations and nuclear cooperation with the Soviet Union (U.S.S.R.)
and the United States (U.S.) before its dissolution, as well as legal commentaries on the successor states’ nuclear
related legislation and policy. With the Krško Nuclear Power Plant (NPP) built in 1981 as a joint venture by Slovenia
and Croatia which were both part of Yugoslavia at the time, results derived from this research paper imply that the
successor states should reinforce their position in global nuclear affairs through both national and international
legislation addressing nuclear weapons, in addition to resolving the question of using nuclear energy within their
respective domestic borders. By such virtue, the value of this research paper lies in the successor states learning from
their Yugoslav past for the purposes of ensuring and strengthening national security as current NNWSs in times of
nuclear tensions.

THE FUNDAMENTAL FREEDOMS AND RIGHTS OF THE INDIVIDUAL AND THE CITIZENS RECOGNIZED BY THE INTERNATIONAL LAW AND DETERMINED BY THE CONSTITUTION, THROUGH THE PRISM OF THE COMPLEX RELATIONSHIP BETWEEN THE CONSTITUTIONAL COURT AND THE REGULAR COURTS

Darko Kostadinovski — 2025-01-15

This paper examines the competence of the Constitutional Court of the Republic of North Macedonia to annul
judgments rendered by regular courts, with a focus on the dilemmas arising from this competence and the
varying constitutional court orders issued over several years. Considering that the Constitution grants the
Constitutional Court the authority to independently regulate its work through an Act adopted by the Court itself,
the issue discussed in this paper represents a highly significant constitutional and legal matter. It has profound
implications for the functioning of the Constitutional Court, the relationship between the Constitutional Court
and regular courts, and the overall coherence of the legal order. The paper analyzes previous constitutional court
practices in this area, offers a critical evaluation of these practices, and proposes an approach that reinforces the
constitutionally established role of the Constitutional Court as the guardian of the Constitution and the protector
of rights and freedoms within its jurisdiction.

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF NORTH MACEDONIA AND THE JUDGMENTS OF THE REGULAR COURTS

Tatjana Vasikj-Bozadjieva — 2025-01-15

The subject of this paper is one of the primary tasks of constitutional courts: to ensure that human rights guaranteed
by the constitution are respected and implemented in everyday life. This is achieved by adhering to two critical
aspects of the process of resolving disputes related to fundamental rights: determining whether a rights violation has
occurred and deciding on appropriate measures for restoring or compensating for the violated rights. To strengthen
this role of constitutional courts, it is recommended to introduce the possibility of annulling unconstitutional judicial
decisions. The constitutional court should have the authority to nullify court decisions that conflict with the
constitution, thereby providing greater protection of fundamental human rights. This text focuses on the two critical
aspects of proceedings before constitutional courts, as well as the need to introduce a mechanism for the annulment
of unconstitutional court decisions. Therefore, the aim of this paper is to examine the legal concept of introducing
the possibility of annulling unconstitutional judicial decisions and analyze its significance for legal certainty and the
protection of human rights. Additionally, an analysis will be conducted on the situation in the Republic of North
Macedonia, with a particular focus on existing mechanisms for human rights protection and opportunities for
enhancing constitutional oversight over judicial decisions.

STATE ADMINISTRATION AND COUNTER-INTELLIGENCE AUTHORITIES – THEIR POSITION IN THE FIGHT AGAINST TERRORISM

Mile Zecevic — 2025-01-15

For decades, terrorism has posed a significant challenge to criminal law science, political theory, and security
studies. As societies evolve, terrorism also transforms, modifying and adapting to new circumstances. Defining
and understanding the concept of terrorism serves as a foundational element for the work of national security
agencies. However, the legal frameworks and organizational structures of state administration bodies in the
Republic of North Macedonia fail to comprehensively delineate the role and function of each agency individually.
Although these agencies operate based on the collection, distribution, exchange, and preservation of information,
the prevailing perception is that all are responsible for monitoring security threats. In reality, no single agency
fully assumes accountability. This paper proposes a unified security service structure that integrates the functions
of intelligence, counterintelligence, anti-terrorism, and counter-terrorism, supported by a robust strategic analysis
division capable of consolidating all information relevant to the nation's security.

ADEQUATE APPLICATION OF ALTERNATIVE MEASURES IN THE PENAL POLICY OF MACEDONIAN COURTS TOWARDS REDUCING PRISON OVERCROWDING

Ilija Jovanov — 2025-01-15

and court penalty policies from 2017 to 2023. The initial part of this study presents alternative measures for
Macedonian criminal legislation. According to the Criminal Code, the following alternative measures may be
imposed on perpetrators of crimes: conditional sentences, conditional sentences with protective supervision,
conditional discontinuation of criminal proceedings, community service, court admonition, and house arrest. The
second section provides an overview of the penal policy of Macedonian courts over a specified period. The third
section discusses the problems of overcrowding in Macedonian prisons. The problem of prison overcrowding has
been recorded by both competent state institutions and international organizations, as well as by the non
governmental sector. Towards the end of the paper, concluding observations are presented regarding alternative
measures, their application in court penal policy, and the problem of overcrowding in penitentiary institutions in
the country. It is essential to understand that an adequate normative framework must be established for appropriate
implementation of alternative measures in practice. The application of alternative measures in fair judicial
procedures is an appropriate way to reduce prison overcrowding.

LEGAL ASPECTS OF SELF-DETERMINATION AS REGULATED IN INTERNATIONAL DOCUMENTS

Marija Mirceska — 2025-01-15

This article examines the historical and political evolution of the right to self-determination, which began as a
political slogan used by great powers to annex territories to support their spheres of influence, which gradually
developed into a political principle, to finally lay the bases of right providing for the equal participation of all
peoples and individuals in political processes. Self-determination first takes shape and finds its place only after
World War II, when it will be incorporated for the first time as an international political and moral principle among
key objectives of the United Nations aimed at preventing such conflicts and promoting world peace. The article
further analyses the legal frameworks surrounding self-determination, particularly within key UN documents like
the Covenants on Human Rights and related declarations, Council of Europe and OSCE documents and good
practices, emphasizing its role in safeguarding individual freedoms, civil and political rights, and minority rights,
as essential elements for achieving peace and stability in diverse societies.