Iustinianus Primus Law Review

GENDER PERSPECTIVE ON TAX POLICY

Elena Neshovska Kjoseva — 2025-05-26

From ancient times until today, the main function of all tax systems remains
unchanged. Their key purpose is to generate revenues, while equity, fairness and
non-discrimination are established as fundamental principles of taxation. States use
the collected tax revenues to ensure proper functioning of society and to meet
essential needs of all citizens. In recent years, the demand for gender equality has
emerged as a critical aspect of these needs.
Tax systems are generally considered neutral, designed to impact everyone
equally. All individuals and citizens are obliged to pay taxes and other public levies,
as well to contribute in covering public expenditure regardless of gender, race,
colour of skin, national and social origin, political and religious belief, property,
and social status. Additionally, the language of the tax provisions does not mention
gender in a way that would possibly impose different tax treatment between men
and women. Therefore, if taxpayers earn the same income, they will be taxed the
same and no one will be questioning gender (in)equity.
Traditionally, tax policy is perceived from an economic point of view
focusing on revenue generation and economic growth. On the other hand, the
gender equality is often seen as a social issue. However, significant disparities exist
between men and women in the labor market, including differences in employment
status (formal vs. informal), job types, and working hours, as well as distinct
consumption patterns influenced by gender roles, particularly in caregiving and
household responsibilities. Recognizing these disparities, governments have begun
to acknowledge the importance of gender equity and have started to implement
measures that are expected to focus on gender biases within tax policies.
This paper aims to: (i) explore how tax systems may accidentally perpetuate
gender inequalities, and (ii) assess the extent to which states can use the tax policy
as an instrument to promote and protect gender equality.

ETHICAL DILEMMAS AND ACCOUNTABILITY THE CORPORATE SUSTAINABILITY REPORTING DIRECTIVE AS LABOR AND SOCIAL RIGHTS ACCOUNTABILITY TOOL

Helga Spadina — 2025-05-26

Beginning of 2023, the Corporate Sustainability Reporting Directive
(CSRD) entered into force, with a purpose to strengthen the rules concerning the
social and environmental accountability of large EU and non-EU (if they earn over
EUR 150 million on the EU market) companies which will now be expected to
report on sustainability. The EU law now requires all large companies and all listed
companies (except micro-enterprises) to disclose information on what they see as
the risks and opportunities arising from social and environmental issues, and on the
impact of their activities on people and the environment. The new Directive will
aim to ensure that investors have access to the information they need to assess the
impact of companies on people and the environment.
In terms of labor and social rights, this is the first European attempt to link
social and labor rights standards to the business competitiveness and access to EU
funding. As such, it is a very innovative approach, with large potential to rectify all
existing discrepancies between formally acknowledged labor and social rights of
workers and practical implementation of those rights in business companies.
In this paper, we will look into the main research question: whether the
Corporate Sustainability Reporting Directive has potential to become the first-ever
regional labor and social rights accountability tool. In research for this question, we
will analyze provisions of the CSRD applicable to assess actual implementation of
international fundamental labor and social rights of workers and contractors.
Further, we will examine if the Directive has sufficiently elaborated mechanisms to sanction companies which would not align their employment and labor policies to
the required standards of the CSRD.

ACQUISITION OF THE GENERAL LEGAL CAPACITY

Shkurte Kadri — 2025-05-26

The subject of this research paper is the institution of legal capacity, as
an element of the main and complex institution of civil law, called
"subjectivity". The study shows that the author of this paper aims to present and
analyze the acquisition of the general legal capacity that belongs only to natural
persons as subjects of civil law relations (real, obligational, and hereditary). In
this study, the author presents the acquisition of general legal ability both from
the aspect of modern civil law (Macedonian and foreign), as well as from the
aspect of modern civil law science (domestic and foreign). Pointing to the
different modern norms (as well as the different doctrinal positions) regarding
the determination of the time (the moment) of the acquisition of the general
legal capacity of natural persons, the author concludes that in legal life they can
lead to the adoption of different court rulings, so accordingly, and to the other
occurrence of possible real, bond or inheritance rights in favor or to the
detriment of the natural person who, by birth, acquires general legal capacity.

LOW VOTER TURNOUT: A SYMPTOM OF DEMOCRATIC DISCONTENT OR A DEEPER SYSTEMIC FAILURE?

Marko Krtolica — 2025-05-26

The journey toward universal and equal suffrage, achieved primarily in the
second half of the XX century, was a monumental step in shaping modern
democratic societies. It marked the moment when voting became a right for all, not
just a privilege for a few. Yet, as this right became universal in democratic societies,
an unexpected trend began to unfold. Democracies worldwide have started to
experience a troubling and persistent decline in voter turnout. Global electoral
participation, which stood at 78.85% in 1946, has now diminished to 61.37%. The
situation is even more alarming in Europe, where turnout has dropped from 88% in
1946 to an average of 61% in 2024. This trend is deeply concerning, taking into
consideration that democracy cannot function properly without citizens’
involvement. Without a doubt, low turnout poses a danger to democracy as it
undermines legitimacy of the political institutions, diminishes the
representativeness and accountability of political leaders and reflects growing civic
apathy and dissatisfaction with the political process. Furthermore, since political
systems often respond more to those who vote, low turnout allows certain groups
to wield disproportionate influence over elections and policy, often at the expense
of the broader public interest. Such a state is also a signal of inequality in political
participation, further marginalizing already disadvantaged groups. Therefore, this
paper seeks to examine the underlying causes of declining voter turnout, as well as
propose strategies and measures to increase voter turnout in democratic societies.

INTEGRATING SUSTAINABLE DEVELOPMENT GOALS INTO MODEL BILATERAL INVESTMENT TREATIES

Toni Deskovski — 2025-05-26

In today’s globalized economy, foreign direct investment (FDI) is a key component of
national development strategies. The proliferation of multinational enterprises has led to an
increase in foreign-controlled or influenced trading firms, often causing FDI to be
overshadowed by portfolio investments. Nevertheless, FDIs contribute far more than financial
resources, they often introduce cutting-edge technology, advanced management skills,
innovation, and integration into international markets, which together drive more inclusive and
sustainable economic growth in the host country. Three primary factors determine a country’s
attractiveness to foreign investors. First, favorable macroeconomic conditions, such as robust
economic performance naturally draw investor interest. Second, a stable political landscape
reassures investors, encouraging long-term commitments. Third, legal predictability and a
transparent regulatory framework are critical to building investor trust and ensuring
consistency. In this regard, FDI becomes a fundamental engine of progress, delivering not just
capital, but also vital knowledge, infrastructure, and employment opportunities. Techlogy
transfer, within this setting, involves the sharing or adoption of scientific knowledge and
production methods across organizations, sectors, or nations. This transfer occurs through
channels such as foreign investments, international trade, patent agreements, technical training,
and advisory services. This paper examines the role of sustainable development as facilitated
by the latest generation of Bilateral Investment Treaties (BITs), and their potential to advance
sustainable development in an increasingly interconnected global market. These modern BITs
are crafted to encourage FDI from capital-abundant, high-tech economies, often OECD
countries, into developing regions. By offering legal guarantees and reducing investment risks,
these treaties aim to stimulate the movement of funds, technologies, and know-how from
advanced economies to those still on the path of development.

GENDER EQUALITY AND NON-DISCRIMINATION AT WORK THROUGH THE LENS OF INTERNATIONAL LABOUR STANDARDS

Angjela Jovanovska — 2025-05-26

International Labour Organization (ILO) adopted the Discrimination
(Employment and Occupation) Convention (No. 111) and Recommendation
(No. 111), 1958, as the first comprehensive instruments dealing specifically
with equality and non-discrimination in respect of employment and occupation.
Convention No. 111 places the general principle of equality and nondiscrimination
in the context of the world of work. However, other ILO
standards expressly prohibiting discriminatory measures have been adopted.
Considering that elimination of discrimination in respect of employment and
occupation is one of the fundamental principles and rights at work, the
international labour standards are of crucial importance in ensuring equality of
opportunity and treatment, including gender equality. Gender equality at work
relates to all men and women. It cannot be achieved without the elimination of
discrimination. One of the main reasons is that gender inequality is often rooted
in discrimination. Discrimination in employment and occupation is a universal
and permanently evolving phenomenon. It can take a variety of forms, such as
direct discrimination, indirect discrimination, discrimination-based harassment,
multiple discrimination, intersectional discrimination and specific forms of
discrimination, which will be discussed in the paper. In relation to gender
equality, discrimination can be based on many discriminatory grounds, which
are mainly linked to sex as discriminatory ground. According to ILO Committee
of Experts on the Application of Conventions and Recommendations (CEACR),
the notion of “sex” as a prohibited discriminatory ground has evolved to include
pregnancy and maternity, civil and marital status, and family situation and
responsibilities, as well as sexual harassment as a serious manifestation of sex
discrimination. Therefore, discrimination based on the aforementioned grounds,
including sexual harassment, will be examined. In 2019, ILO adopted the
Violence and Harassment Convention (No. 190). It is the first international
labour standard to address violence and harassment in the world of work,
including gender-based harassment, which will also be analyzed.

THE PRE-EMPTION RIGHT ON REAL ESTATE DURING PUBLIC SALES IN THE MACEDONIAN AND SERBIAN LEGAL SYSTEMS

Gordana Stankovic — 2025-05-26

In this paper, the authors examine the right of pre-emption established on
real estate (land parcels, building units, and other types of real estate). The authors
analyze both contractual and legal rights of pre-emption since they lead to different
legal consequences. When analyzing the right of pre-emption, the authors focus on
the exercise of these rights in enforcement proceedings, highlighting the problems
that individuals face when exercising their rights during these proceedings. The
given analysis of the pre-emption right in this paper is a comparative one and
includes the Macedonian and Serbian legal systems. By giving a comparative
analysis of the exercise of the right of pre-emption in enforcement proceedings, the
authors aim to underline the problems and offer legal solutions on how such issues
can be resolved in the Macedonian and Serbian legal systems. The authors call for
the adoption of a more efficient and contemporary regulation on the issue from
which both legal systems can benefit.

INTEGRATION WITH THE EU BRIS - CHALLENGES FOR THE CENTRAL REGISTRY OF THE REPUBLIC OF NORTH MACEDONIA

Biljana Petrevska — 2025-05-26

The Business Registers Interconnection System (BRIS) is the mandatory
interconnection of all EU Member States’ business registers. The national business
register, among other things, contains official information on companies, such as
the legal form of the company, its registered office, capital, ownership structure,
financial reports, changes in corporate status information, and makes this
information available to the public. The concept of integrating national business
registers into a unified system is intended to enhance corporate transparency and
foster cross-border cooperation. However, the diversity of existing national
registers poses numerous challenges, from legislative discrepancies to
technological incompatibilities. This paper aims to demonstrate the necessity of
preparing for the integration of the Central (Business) Registry of North Macedonia
with BRIS, especially considering the continuous emphasis on this requirement in
the European Commission Country Reports. Given that there will certainly be
potential challenges in the process, it is crucial to approach adaptation and move as
close as possible to established standards.

PERFORMANCE-RELATED PAY AND PERFORMANCE APPRAISAL IN CROATIAN CIVIL SERVICE: LEGAL REGULATION AND POSSIBLE OUTCOMES

Romea Manojlovic Toman — 2025-05-26

In 2024, important changes to the legal regulation of human potential
management in Croatian civil service occurred. Specifically, the new Civil Servants
Act was enacted, replacing the previous Act in force for almost 20 years. Parallelly,
the new Law on Salaries in the Civil Service and Public Services was enacted,
introducing performance-related pay in Croatian civil and public service. The paper
aims to analyse the new regulations regulating civil service, including the bylaws,
and discuss possible outcomes. Methodologically, the paper relies on the legal
analysis of the existing regulations, but empirical data from the survey conducted
in December 2023 among civil servants are also presented. These data show that
civil servants in Croatia want the introduction of PRP, but challenges such as the
limitation to the number of civil servants receiving the highest performance
appraisal grades, the lack of training on the new performance appraisal system and
the lack of the developmental usage of performance appraisal, can jeopardise the
outcomes of the reform.

CONFLICTING CONNECTIVITIES: LEGAL CONSIDERATIONS FOR NEGOTIATING GEOTECHNOLOGICAL RIVALRY

Stephen Minas — 2025-05-26

Among the dramatic global shifts of recent years, the sharpening of
geopolitical rivalries between major powers – chiefly the United States and
China – has particular significance for third countries and their legal systems.
This rivalry has a prominent ‘geotechnological’ dimension, as major powers
compete to build power through technological innovation, standardisation and
diffusion while also securitising their domestic technology sectors against
perceived threats from abroad. In this context, the ‘connectivity’ initiatives of
major powers such as China, the United States and the European Union - which
aim to build economic and other links with third countries - compete and even
conflict. Under the pressures of trade war and actual war, an emergent global
shift may be underway in the consolidation of rival geotechnological blocs.
Indications of such a shift include hard legal tools such as trade barriers and the
legislation of economic security mechanisms but also the creation of incentives
for economic and technological collaboration within informal clubs of likeminded
countries. These hard and soft tools amount to building blocks for
‘walled garden’ connectivity projects that run on incompatible operating
systems. These developments create challenges for third countries and
especially for the majority of states which rely on transnational investment and
technology transfer for the further development of their economies and living
standards. Even if not forced to ‘choose’ between competing blocs, these states
face additional political, legal and economic frictions in their dealings with
major powers. The challenge is particularly acute for the states of the Western
Balkans, which remain outside the EU despite years or decades of ‘candidate’
status but which face the necessity of alignment with EU laws and policies as
conditions of eventual EU membership. To varying degrees, the Western Balkan
states have sourced investment and technology transfer from the EU and the
United States as well as from China and other non-Western countries. They are
therefore on the frontline of conflicting connectivities and vulnerable to a
hardening of barriers between major economic powers. This paper will provide an overview of legal tools of geotechnological
rivalry and their application to the general-purpose digital technologies that are vital to economic development and the climate transition. It will take stock of
the challenges for third countries presented by the deployment of these tools in
the context of competing ‘connectivity’ projects promoted by major economic
powers, such as China’s Belt and Road initiative. It will focus on the position
of Western Balkan states as EU candidate countries that simultaneously pursue
economic relations with other major powers. The paper will reflect on what
studies of legal pluralism suggest regarding the capacity of third states to
preserve space for maintaining relations with the multiple poles of the global
economy. It will suggest potential legal strategies for third states to navigate
conflicting connectivities in order to pursue their national developmental
objectives. The paper will suggest that by negotiating rather than participating
in geotechnological rivalry, third states can both preserve their capacity to make
autonomous choices and mitigate against the coalescing of rival blocs.

GENDER, GENDER IDENTITY, AND THE CHALLENGE OF INTEGRATING THEM INTO CROATIAN LEGISLATION

Anita Blagojevic — 2025-05-26

Over the last several decades, there has been a significant development in
feminist legal theory, particularly regarding the distinction between concepts of
"gender" and "sex" and the understanding of gender equality. This development has
influenced the International, European and domestic law. Despite Croatia’s
accession to the European Union in 2013—a sui generis organisation recognised
for its leadership in promoting gender equality—the country has yet to adopt a clear
position on applying "gender" and "gender identity" in its legislation. The
Constitution of the Republic of Croatia, established in 1990, exclusively uses the
term "sex." It affirms that sex equality is among the highest values of the
constitutional order and guarantees protection against discrimination based on
"sex." Most Croatian laws also continue to reference "sex." In recent years,
however, there has been a gradual incorporation of the terms "gender" and "gender
identity" into the Croatian legislation. Notably, the Constitutional Court of the
Republic of Croatia expressly stated in its case law that the Constitution protects
sexual and gender diversity. This paper will address the main challenges associated
with integrating concepts of gender and gender identity into the Croatian legal
framework.

ETHICAL, LEGAL, AND PRACTICAL ASPECTS OF EUTHANASIA AND ASSISTED SUICIDE

Irena Josifova — 2025-05-26

This paper provides an overview of the definition of the term euthanasia, its
forms, historical development and legal nature. In recent years, the issue of
euthanasia and its legalization has often become the subject of stimulating
discussions. Within those discussions, supporters and opponents of the early
termination of life appear, but there is no unified opinion on this topic. The reasons
why nowadays the question of ceasing a human life is opened are evident.
The great scientific achievements in the field of modern medicine, which
make possible on one hand to protect and extend human life, and on the other hand,
the great respect of society for the autonomy of the individual and the distancing of
the traditional spiritual values. The issue of legalizing euthanasia goes through the
historical stages of religion, ethics, medicine, law, but also the general cultural
context while being examined through the prism of the individual view of each of
us, depending not only on our stage of life.
Modern times are faced with homosexuality, surgical sex change, promotion
of same-sex marriages and at the same time appeal for the acceptance of diversity,
not as a difference but as a divergent given of the phenomena in the world around
us as human values. This means that the stereotype of human values within the legal
framework is broken in relation to the ethical, social, legal, religious pragma of the
world, in that case why should euthanasia be a stigmatization of doctors if it is the
autonomous will of the sick or his relatives - in the instance of lacking
consciousness to decide for themselves - or when there is no possibility of cure.
States have different legislation in their legal system regarding the making
of this decision. Euthanasia is legalized in the legal legislation of some European
countries (Netherlands, Switzerland, Luxembourg and Belgium). Other countries
have pronounced sanctions for the perpetrators in their legal system (North
Macedonia, Croatia, Czech Republic). Others go to the opposite extreme, where
they have legalized the euthanasia of terminally ill children (Netherlands,
Belgium). On top of this different way of regulating legal systems in countries
around the world, there are countless circumstances that have an impact when
making the decision whether this act will be sanctioned. Especially from a
scientific, cultural and religious aspect. Today, the number of countries that legalize
passive euthanasia is gradually increasing, choosing a way and opportunity to help
the sick to reduce their suffering in a dignified way, but the number of countries
where it is sanctioned is still greater. A unified ethically accepted solution does not
yet exist, so in view of that, the matter of deciding to end the life of an incurably ill
person remains as a verdict for the legislative bodies in each country separately. From this research, I came to the knowledge that seriously ill people
suffering from an incurable disease and their loved ones are not prevented from
shortening their suffering in a dignified way in a country where euthanasia is
legalized.
In this paper, relevant court judgments from the practice of the European
Court of Human Rights of certain countries (Switzerland and France) will be
presented.

THE EUROPEAN UNION'S COPYRIGHT POLICY IN THE DIGITAL AGE: AN ANALYSIS OF NEW MEDIA AND THE DIRECTIVE ON COPYRIGHT IN THE DIGITAL SINGLE MARKET

Martina Todorova — 2025-05-26

The media play a pivotal role in fostering connections among individuals and
facilitating interaction within communities and society at large. They serve as platforms
for sharing collective experiences and, through communication processes, contribute to the
creation of a sense of belonging to a unified societal structure. The advent of the internet,
coupled with the rapid technological revolution, has significantly transformed the media
landscape, leading to the emergence and proliferation of new media. These new media
encompass digital technologies that enable interactive and networked communication,
marking a departure from the one-way communication model characteristic of traditional
media such as television, radio, and print. The platforms associated with new media
include, but are not limited to, social media, blogs, podcasts, online video sharing
platforms, virtual reality environments, and mobile applications.
The rise of new media has, however, created a need for substantial adjustments to
the existing legal frameworks, particularly concerning copyright regulations. At the
European Union level, this shift has been addressed through reforms aimed at balancing
the rights of content creators with the evolving demands and expectations of consumers in
the digital age. One of the most significant legislative responses to this challenge is the
Directive on Copyright in the Digital Single Market, adopted in 2019. This directive
represents a comprehensive effort to update copyright regulations in light of the new media
environment, ensuring both the protection of intellectual property and fair access for
consumers.
This paper explores the European Union's approach to copyright policy, with an
emphasis on the key legislative instruments and reforms introduced to regulate new media.
Special attention is given to the Directive on Copyright in the Digital Single Market,
analyzing its implications for content creation and dissemination in the digital realm.
Furthermore, the paper examines the potential impact of the directive on freedom of
expression, particularly through its new rules on content regulation, and evaluates the
position of the European Court of Justice on this issue.

IMPACT OF GLOBAL CONFLICTS AND POWER DYNAMICS ON TRADE AND COMMODITIES

Patricija Jankovic — 2025-05-26

The paper "Impact of Global Conflicts and Power Dynamics on Trade and
Commodities" examines the transformative effects of geopolitical tensions and
global power shifts on international trade and commodity flows. It argues that longstanding
supply chain models and traditional management practices are being
upended by rapidly evolving global conditions — including conflicts such as the
war in Ukraine and regional instabilities— - that are disrupting established trade
routes and forcing industry to seek alternative sources of raw materials. The authors
examine the evolution from Industry 4.0 to Industry 5.0, emphasizing the
integration of digitalization, intelligent automation and improved human–machine
collaboration to create more resilient and flexible production systems. The study
highlights that the depletion of domestic resources in developed countries,
combined with increasing reliance on distant supply chains, has increased
vulnerability to geopolitical and economic shocks. In response, companies are
urged to adopt flexible, digitally integrated management systems that enable realtime
monitoring and adaptive decision-making. The paper proposes strategic
measures such as the use of advanced logistics information systems, intelligent
robotics, sustainable and circular economy practices, and modular organizational
structures that can be reconfigured to mitigate risk. It also emphasizes the
importance of investing in human capital and promoting global connectivity to
ensure continuous and efficient flows of goods in the face of ongoing international
challenges.

COMPLIANCE – COMPANY LAW AND CRIMINAL LAW PERSPECTIVES

Jelena Lepetic — 2025-05-26

Compliance is an important topic from both company law and criminal law
perspectives. However, it is generally not sufficiently discussed in Serbian legal
literature. This is true to an even greater extent regarding the intersection between
company law and criminal law. It this paper, the authors provide an overview of the
rules referencing compliance function in Serbian laws which govern companies and
their organization, as well as in codes applicable to both the public and private
sectors. Because new laws are often adopted or the laws in force are amended in
Serbia, it is not easy to interpret and comply with laws. Serbian legal system
recognizes liability of legal persons for criminal offences, but the Law of Liability
of Legal Persons for Criminal Offences is rarely applied in practice. On the other
hand, liability for economic offences is much more common. Therefore,
compliance system is also a crime prevention measure that could lead to reduction
of costs for companies, but specific conditions as, for example, law application,
must be taken into account in order to understand the compliance system effects on
company behaviour. After outlining the relevant rules, the authors present the
findings of their research which was carried out by analysing the codes of ethics
and corporate governance codes of several Serbian companies and their approaches
to compliance. Specifically, the authors examined the compliance programs of the
40 most successful companies in Serbia in 2023. The authors conclude that more
than half of the companies in the sample acknowledge and publish some elements
of their compliance programs on their websites. The most common elements are
the whistle-blowing procedure and the code of ethics. Compared to other research
conducted abroad, it can be concluded that while companies in Serbia recognize the
importance of compliance, there is still room for improvement in terms of the
number of companies that publicly share their compliance efforts, as well as the
content and quality of these reports.

LEGAL ASPECTS OF INDUSTRIAL SYMBIOSIS IN THE TRANSPORT SECTOR

Biljana Cincurak Erceg — 2025-05-26

Transport has a significant harmful impact on the environment, contributing
to air, water and soil pollution, greenhouse gas emissions, and climate change.
Burning fossil fuels in transportation means releases large amounts of CO₂ and
other pollutants, degrading air quality and contributing to global warming.
Transport also causes noise pollution and habitat destruction due to infrastructure
development like roads and highways. On the other hand, sustainable transport
seeks to minimise these negative effects by promoting cleaner technologies, such
as electric and hydrogen-powered vehicles, and improving fuel efficiency.
Industrial symbiosis in the transport sector refers to collaborative efforts between
companies to optimise resources, reduce waste, and improve energy efficiency.
Industrial symbiosis in the transport sector can include recycling vehicles and their
parts, using alternative fuels, sharing infrastructure, etc. There are several
successful practical examples of industrial symbiosis in the transport sector. While
no single legal framework is dedicated solely to industrial symbiosis in transport,
the legal aspects of this concept are covered through broader regulations related to
sustainability, the circular economy, and emissions reduction. These legal
frameworks include European Union directives and Member States' national laws
as well as international treaties and rules of most important international
organisations dealing with transport. At the European Union level, the European
Green Deal is a key policy initiative to achieve climate neutrality by 2050. It
encourages emissions reduction in the transport sector by promoting energy
efficiency, vehicle electrification, and circular economy principles - key
components of industrial symbiosis. Within the Green Deal, the Circular Economy
Action Plan promotes recycling, waste reduction, and the sharing of resources
across industries, which is fundamental to industrial symbiosis. Industrial
symbiosis also includes legal aspects related to waste management (Waste
Framework Directive), alternative fuels and energy regulations (Directive (EU)
2018/2001 on the promotion of the use of energy from renewable sources,
Regulation (EU) 2019/631 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles), legislation on the use of
shared infrastructure, etc. However, inadequate legislation (regulation) is very often
mentioned as a type of industrial symbiosis barrier.
The paper lists various issues and regulations that regulate sustainability in
transport. The paper presents the most important provisions of European
regulations aimed at reducing environmental pollution, especially those related to
transport and those that mention industrial symbiosis as a form of environmentally
friendly production and activity.

CONTEMPORARY TENDENCIES IN THE REPRESENTATION OF NATURAL PERSONS IN CIVIL LAW

Tea Lalevska — 2025-05-26

One of the most important institutes of civil law, without which modern civil law relations
cannot be imagined, is the institute of representation. It enables the exercise of the civil law rights
of natural persons in circumstances when they cannot exercise their rights personally. The
representation makes it possible for natural persons to participate in civil law relations, even when
they lack the active legal capacity to acquire rights and duties. However, representation is not only
an instrument that enables natural persons lacking active legal capacity to participate in civil law
relations but also an institute that creates opportunities for natural persons with active legal
capacity to undertake legal actions via a representative. Considering the scope and relevance of
representation in civil law, this paper aims to examine and analyze the contemporary tendencies
of development of this institute in civil law. The paper will demonstrate that this traditional civil
law institute has been involved in the legal systems of contemporary European countries over time.
The end goal is to evaluate how the Macedonian legal system aligns with these contemporary
tendencies regarding the regulation of representation in Macedonian civil law.

THE LEGAL NATURE OF THE RIGHT TO A LONGTERM LEASE

Tina Przheska — 2025-05-26

The right to a long-term lease was introduced in the Macedonian property
law system for the first time by a subject-specific law - the Construction Land Act
of 2001. Since then, the right to a long-term lease has remained a part of every
Construction Land Act that followed up to the most recent one - the Construction
Land Act of 2015. The regulation of the right to a long-term lease in the
Construction Land Act is mostly based on the regulation of the so-called right to
build found in the Slovenian Property Code and the Croatian Ownership and Other
Real Rights Act. In the respective legal systems, the so-called right to build is
undoubtedly regulated as a right in rem since it is found in property and ownership
acts. However, In the Macedonian legal system, the right to a long-term lease was
not incorporated in the Ownership and Other Real Rights Act of 2001. This raised
the question of whether or not it could be considered a right in rem. By exploring
the origins, the regulation pertaining to the right to a long-term lease, its
characteristics, and the reasons for its incorporation in the Macedonian property
law system, this paper aims to demonstrate that the right to a long-term lease is by
nature a right in rem.

LEGITIMATE EXPECTATIONS IN SPATIAL PLANNING AND BUILDING

Mateja Held — 2025-05-26

The principle of the legality of administration is valid today in its strict or
narrow form. Therefore, the administrative bodies are obliged to act in a way
determined by the law and by-laws. When it comes to the point when certain change
in legislation is necessary, such as situations when an old regulation (spatial plan)
is put out of force, one should bear in mind that there is a possibility that new
legislation is less favourable for some citizens. In other words, it can be said that
the affected party, as a consequence, may suffer certain damage.
Due to such situations, the principle of legitimate expectations has
developed and is widely recognized in the European countries. The principle of
legitimate expectations is often linked to the principle of legal certainty. Both
principles, and the principle of acquired rights of the parties are recognized in the
practice of the Court of the European Union, the practice of the European Court of
Human Rights, and the practice of the Constitutional Court of the Republic of
Croatia. Hence, in situations of amending legislation, local governments should
take into the account the protection of legitimate expectations based on valid
regulations.
The aim of the paper is to research possible basis for the principle of
legitimate expectations in spatial planning and building. The second aim of the
paper is to research if there is a possibility for compensation if a lawful general act
(spatial plan) is revoked or repealed. The aim of the paper is also to detect European
countries which apply planning compensation

LEGAL OR PROCEDURAL “GAME” BETWEEN THE COURT OF JUSTICE OF THE EU (CJEU) AND THE EUROPEAN COURT OF HUMAN RIGHTS (ECTHR) IN THE PROTECTION OF FUNDAMENTAL RIGHTS?

Savo Klimovski — 2025-05-26

In its practice so far, the Court of Justice of the EU (CJEU) has two key
sources of inspiration regarding the protection of fundamental rights: the first
source is the constitutional traditions of the EU Member States, while the second
one is the international agreements that protect human rights and freedoms, signed
by the Member States of the Union. Although it is a question of two intertwined
and interdependent sources, the CJEU still very often considers them separately on
a case-by-case basis. In the legal argumentation, it is a fact that the EU Member
States remain obliged to respect not only EU law, but also the UN human rights
conventions, to take care of the application of the law of the Council of Europe, and
in certain cases, the international customary law. There are strong arguments in
support of this position in EU law as well. Therefore, the position of the EU is
represented as a key factor in the respect of human rights and freedoms that directly
derive from the UN Charter and from other UN conventions for the protection of
human rights. In order to protect human rights from parallel multifacetedness that
can lead to negative implications, the EU institutions, predominantly through the
CJEU, cooperate with the competent institutions of the Council of Europe and the
UN and, on a formal or informal level, accept the already established standards in
the promotion and protection of human rights. In the paper, the emphasis of the
analysis will be on explaining the phenomenology of this legal and/or procedural
game that takes place at the institutional level with special reference to the principle
of primacy and legitimacy. The basic hypothesis of the paper is that Europe has
complex system of fundamental rights protection. It is a truly “crowded house”. Citizens and legal practitioners are confronted with different binding texts to be
applied sometimes simultaneously, using different standards, structures,
terminology and qualifications. These are domestic law, including in most cases the
national constitution’s fundamental rights, the European Convention on Human
Rights and its protocols as well as EU law, in particular the EU Charter of
Fundamental Rights. On the other hand, the EU Charter for fundamental rights and
the general principles of Union law are the primary fundamental rights instruments
when assessing EU law and national measures within the scope of application of
EU law. In practice, there is an active dialogue and a high degree of consensus
among European and highest national constitutional and supreme courts on
protection of human rights.

SEVERAL LEGAL PRESUMPTIONS AS THEORETICAL FOUNDATIONS FOR CONSTITUTIONAL STABILITY IN MODERN FEDERALISM

Jelena Trajkovska Hristovska — 2025-05-26

This paper explores the legal foundations necessary for ensuring
constitutional stability in modern federal systems. Federalism, as a system of
governance, requires a well-defined distribution of powers between central and
subnational governments, supported by a clear legal hierarchy and mechanisms to
resolve jurisdictional conflicts. The coexistence of two parallel legal orders,
necessitates structured mechanisms to maintain legal coherence, prevent conflicts,
and uphold constitutional supremacy. The study examines key principles that
contribute to federal stability, including the supremacy of the constitution, the
hierarchy of legal acts, and judicial review as a mechanism for resolving legal
disputes. It analyzes two primary approaches for addressing conflicts between
federal and state laws: the primacy of federal law and judicial review as an
enforcement mechanism. Additionally, the paper highlights the role of
constitutional courts in adjudicating disputes over legislative and executive
competences, emphasizing their function in preserving the federal balance. Further,
the paper explores the right of federal entities to initiate review of constitutionality
of federal laws, comparing systems where this right is explicitly granted, with those
where it is restricted. Finally, it addresses jurisdictional conflicts both among
federal entities and between federal and subnational governments, demonstrating
how constitutional courts serve as arbiters in resolving such disputes. Ultimately,
the paper argues that federal systems require a combination of legal hierarchy,
judicial enforcement, and institutional checks and balances to function effectively.
By ensuring compliance with constitutional norms, preventing excessive
centralization or fragmentation, and maintaining a structured conflict-resolution
framework, these mechanisms contribute to the long-term stability and coherence
of federal governance.