Study:	Constitutional-Administrative - 10. semester
Code:	72354
ECTS:	4.0
Course coordinators:	prof. dr. sc. Dalibor Čepulo
Lecturers:	izv. prof. dr. sc. Ivan Kosnica - Lectures prof. dr. sc. Mirela Krešić - Lectures izv. prof. dr. sc. Dunja Milotić - Lectures
Exam dates:	03. 04. 2023. 29. 05. 2023. 26. 06. 2023. 10. 07. 2023. 28. 08. 2023. 11. 09. 2023. Exam registration: Studomat

Literature:

Čepulo, Dalibor; Prava građana i moderne institucije: europska i hrvatska pravna tradicija; Zagreb: Pravni fakultet Sveučilišta u Zagrebu (2003), str. 1-15; 37-190 Čepulo, Dalibor; Vladavina prava i pravna država - europska i hrvatska pravna tradicija i suvremena zbilja; Zbornik Pravnog fakulteta u Zagrebu vol. 51, br. 6 (2001), str. 1344-1360

Optional literature:

Raoul C. van Caenegem; An Historical Introduction to Western Constitutional Law; Cambridge: Cambridge U. Press (1995), str Dietze, Gottfried; Two Concepts of the Rule of Law; Indianopolis: Liberty Fund Inc. (1973), str Rivero, Jean; Les libertes publiques, 1-2; Paris: Presses universitaires de France (2003), str

Description:

The course presents the formation and development of the general idea of the rights of citizens and human rights and respective legal institutions in the European context and the neighbouring Croatian environment and Croatia itself, as part of the development of modern legal ideas in the formative period and the main features of later development. The basic concepts of analysis (human rights, rights of citizens, modernisation, center and periphery) are analysed, as well as general ideological and institutional determinants important for understanding rights of citizens, in particular the rule of law, Rechtstaat and judicial independence. The course-material is presented deductively by first showing the formation and characteristics of development in the European center (especially in England, France and Germany as well as in other European countries), then in the closest Croatian environment that influenced development in Croatia (Austria and Hungary) and then in Croatia itself. The largest part of the course is dedicated to presentation of the individual rights of citizens and related institutions that are presented according to the same deductive scheme: the right of domicile (Heimatrecht) and citizenship; right of suffrage; freedom of the press and jury trial; the right to public assembly, the right to petition and the right to association; equality of religions, and finally an overview of the development of the rights of citizens in Croatia in the context of the Rechtstaat and the rule of law from the formative period in the 19th century to the contemporary period.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- define general characteristics of individual freedoms and rights of citizens;

- describe the process of forming the rights of citizens and adequate legal institutions in their formative period in European areas;

- describe the process of forming the rights of citizens and adequate legal institutions in their formative period in Croatian area;

- define general characteristics of the rule of law and rule of law state and their concrete manifestations in the development of individual European countries;

- recognise manifestations of the rule of law state in the development of political and legal systems in Croatian area.

 

Application

After successfully completing the course, students will be able to:

- interpret the process of forming the rights of citizens and relevant legal institutions in European areas and the Croatian area;

- present and interpret models of modernisation of Croatian legal system in its formative period;

- demonstrate the connection between the concepts rule of law, rule of law state and rights of citizens and their individual forms;

- use knowledge from the area of history of law about forming the rights of citizens and building the rule of law while solving concrete legal cases.

 

Analysis

After successfully completing the course, students will be able to:

- indicate political and social prerequisites of the process of forming the rights of citizens;

- indicate main trends of influence from the European environment on the development of the rights of citizens in the Croatian area;

- compare the process of forming the rights of citizens and relevant legal institutions in European areas and in Croatia;

- examine the influence of traditional determinants on themodern sitiation in the area of rights of citizens in Croatia;

- connect the development of legal regulation of the rights of citizens with appropriate development in the European environment;

- analyse individual legal institutes that regulate the rights of citizens with regard to concrete law and social environment.

 

Synthesis

After successfully completing the course, students will be able to:

- formulate general characteristics of individual rights of citizens;

- formulate settings about permanent determinants of protection of the rights of citizens in main European legal systems and the Croatian legal system;

- develop their own overview of the development of protection of the rights of citizens in Croatia;

- construct an explanation about the purpose and determination of individual solutions in the protection of the rights of citizens considering social circumstances of their making and application.

 

Evaluation

After successfully completing the course, students will be able to:

- compare the differences in conceptual and developmental determinants of the rule of law state amd rule of law;

- evaluate solutions of legal regulation of the rights of citizens from the perspective of time in which they were accepted;

- assess the signifinace of peripheral position of Croatia with regard to the European center in the process of formation of modern institutions for the protection of the rights of citizens;

- evaluate functioning of individual institutes for the protection of the rights of citizens in reality from the perspective of current time.

Practical and Generic Skills:

After successfully completing the course, students will be able to better understand traditional determination of modern sutuation in the area of protection of the rights of citizens in European areas and Croatia, as well as possibilities and restrictions connected with real achievements in modern time.

The students will learn how to place legal institutions ina concrete social reality and gain the skill of analysing legal norms with regard to direct social environment.

Matching Assessments to Learning Outcomes:

Knowledge is assessed through an oral examination which consists of testing the understanding of basic concepts, application of these concepts (f.e. rule of law, center and periphery) to the explanation of some simpler fragments of the development of the rights of citizens in the Croatian area, comparison with the development in European countries and the development in Croatia and the determination of real situation in the area of regulation and protection of the rights of citizens, as well as political, social and cultural determination of such condition.

Consultations schedule:

• prof. dr. sc. Dalibor Čepulo:

  Thursdays, 12-13:30 

  Location: Ćirilometodska 4, room Ćirilometodska 4, soba 33