- Published: July 18, 2018
The latest edition of the KoPra journal has just been published [LINK]. KoPra stands for “Kontinentalno pravo – časopis za održiv i skladan razvoj prava” (= “Continental law - journal for lasting and practical legal development”). KoPra is published by the IRZ in partnership with Prof. Dr. Milan Skulic, a judge at the Constitutional Court of Serbia, and Prof. Dr. Milo Zivkovic, a professor in civil law, both of whom are from Belgrade. The journal is distributed in all the succession states of the former Yugoslavia.
The journal was introduced because it was established that the system imposes limits on the takeover of institutions from foreign jurisdictions within the framework of the transformation. The objective of this publication project is therefore to work out the common foundation for continental European legal tradition and, on this basis, provide ideas for legal development, avoiding unnecessary frictional losses, experiments and hybrid provisions. Undesirable legislative developments should also be detected.
The current issue of the journal once again covers a broad range of topics. These range from civil and civil procedure law to public law and criminal law.
Prof. Dr. James Maxeiner, Baltimore (USA), warns in his article of the dangers of transferring continental European legal thinking to the US American civil process. Prof. Dr. Milos Zivkovic gives a critical account of judgements in Serbian courts, which deal with the recently introduced potential for the private enforcement of mortgages.
In the field of criminal law, the focus in this edition is on sentencing.
On the one hand, there is the translation of the decision of the Constitutional Court of Macedonia, which has been used to declare the law on sentencing based on American sentencing guidelines as unconstitutional due to breaches in judicial disunity. Prof. Dr. Milan Skulic gives his opinion on this decision with some approving comments.
On the other hand, Norbert Koster, a judge at the Higher Regional Court of Hamm, who also has a lot of experience in the region, writes about the practice of sentencing in German law.
In his article on Public Law, Harald Walther, a former administrative judge and current Local Court Director and lecturer at the German University of Administrative Sciences Speyer, presents independent administrative jurisdiction as a guarantee of legal protection to the state in continental European countries.
Other articles in this issue include:
- In the “History of continental European law” column: Ernst Eduard Hirsch - a German Jew who supported transformation to continental European law in Turkey,
- Event reporting on the annual Kopaonik law school (discussions of issues with criminal proceedings) and on the 19th conference on “Insurance law in practice: Challenges, new technologies and management” in Palic and
- A review of the book “Rechtsstandort Deutschland im Wettbewerb - Impulse für Justiz und Schiedsgerichtsbarkeit” (“The legal position of Germany in competition - the drive for justice and arbitration”) by Prof. Dr. Gerhard Wagner.