EU 2020 – lessons from the past and solutions for the future最新文献

{"title":"CHALLENGES OF EUROPEANISATION REGARDING THE PROTECTION OF PASSENGERS’ RIGHTS IN THE EVENT OF A TRAIN DELAY IN THE REPUBLIC OF CROATIA","authors":"Željka Primorac","doi":"10.25234/eclic/11896","DOIUrl":"https://doi.org/10.25234/eclic/11896","url":null,"abstract":"The author analyses the provisions of the European acquis communautaire on the liability of a railway undertaking for damages caused to passengers in the event of a train delay under Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. In particular, refer-ence is made to the recent judgment of the Court of Justice of the European Union (CJEU) in Case C- 509/11 regarding the impossibility of exempting railway undertakings from paying compensation to passengers in the event of a delay caused by force majeure. This paper explores the latest European Commission Proposal of September 2017 for a recast of Regulation (EC) No 1371/2007 and the justification for the introduction of the force majeure clause in Art. 17 of Regulation (EC) No 1371/2007. The newly proposed provision would allow the railway undertaking to be exempt from the liability to pay compensation for a delay if it manages to prove that the delay was caused by severe weather conditions or major natural disasters that jeopardise the safe provision of service and which could not have been foreseen or prevented even by taking all reasonable measures. The paper analyses the provisions of the applicable national legislation, indicating the beginning of a full implementation of Regulation (EC) No 1371/2007 in the Republic of Croatia.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123662161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE PAST AND FUTURE OF SAME-SEX RELATIONSHIP IN EUROPE (THE ANALYSIS OF EU AND ECTRH LAW STANDARDS IN VIEW OF THEIR INFLUENCE ON NATIONAL CONSTITUTIONAL STANDARDS)","authors":"Lana Kovačić Markić","doi":"10.25234/eclic/11950","DOIUrl":"https://doi.org/10.25234/eclic/11950","url":null,"abstract":"The purpose of this paper is to examine the scope of the CJEU’s and ECtRH’s standards of protection of same-sex relationships as new modern realities of family life and the same-sex couples’ rights, insofar as it concerns human rights – the right to private and family life, dignity, equality and non-discrimination. The legal regulation of same-sex relationships as a family law issue is primarily matter of national law. Consequently, the divergent views on this issue in national jurisdiction raise complex questions requiring adequate answers and clear standards at EU and International (Convention) levels. Therefore, the author (by case study method, normative and comparative analyses) gives an overview of the progress of the protection of same-sex couples’ rights on the national level, with particular reference to the Republic of Croatia but also at EU and Convention levels. The paper focuses on the CJEU and ECtRH case law as regards the same-sex relationships and same-sex couples’ rights and offers landmark cases with an analysis of the most recent judgments. In connection to the latter, a brief discussion of the nature of EU and Convention legal orders and the role of two European Courts within these legal orders is given as well as their interrelation on this issue. The paper will try to provide an answer to the question how the EU and Conventional law standards that have been established regarding the legal recognition of same-sex relationships and protection of same-sex couples rights influenced a national constitutional standard, with an analysis of two most important decisions of the Constitutional Court of the Republic of Croatia directly concerning the same-sex couples rights.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123902337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE NATURE OF SERVICES PROVIDED BY COLLABORATIVE PLATFORMS","authors":"Laura Rózenfeldová","doi":"10.25234/eclic/11932","DOIUrl":"https://doi.org/10.25234/eclic/11932","url":null,"abstract":"The objective of this paper is to analyse the nature of services provided by collaborative platforms. In this regard, we consider the approach established by the European Commission in its European Agenda on Collaborative Economy, as well as the individual decisions of the Court of Justice which examined the nature of services provided by collaborative platforms Uber and Airbnb. On this basis we formulate the criteria that enable the classification of services provided by collaborative platforms as information society services or as underlying services. As the following step in this analysis we argue that it is necessary to establish not only the nature of services provided by collaborative platforms, but also the nature of the contractual relationships concluded between subjects participating in the collaborative economy.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124474781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE PRINCIPLE OF PROPORTIONALITY IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS","authors":"K. Trykhlib","doi":"10.25234/eclic/11899","DOIUrl":"https://doi.org/10.25234/eclic/11899","url":null,"abstract":"Some of the rights enshrined in the ECHR are absolute (the prohibition of torture (Article 3), the prohibition of slavery and forced labor (Article 4)). It means that they can under no circumstances be restricted or reduced. All other rights may be partially restricted under the terms of Art. 15 of the ECHR, in cases of social urgency – martial / emergency within the limits necessary to prevent the threat to the life of the nation. Some ECHR articles explicitly state the conditions for restrictions on human rights and freedoms. So, the right to privacy (Art. 8), freedom of thought, conscience and religion (Art. 9), freedom of expression (Art. 10) and freedom of assembly (Art. 11) may be restricted, if required by the law and is necessary in a democratic society. Thus, conventional rights may also have inherent limitations. In particular, in some cases, the rights guaranteed by the various articles of the ECHR collide. Therefore, the main objective of this paper is to research the essence and core elements of the principle of proportionality in the jurisprudence of the ECtHR. To evaluate the proportionality of an interference with a right or freedom, it is necessary to determine its impact on the law, the causes of the interference, its results, the importance of local circumstances, and the complexity of objective evaluation of relevant rights and interests. It is the states that must justify such intervention. Herewith, the reasons should be ‘substantial and sufficient’, the need for the restriction ‘established by the law’, the exceptions ‘clearly stated’, and the interference must comply with ‘urgent social need’. state decisions restricts the right individual. In assessing the proportionality of a state’s interference, the ECtHR applies the doctrine of the margin of appreciation, which can be broad or narrow. Thus, the principle of proportionality, which is closely linked to the principle of effective protection, significantly influences the case law of the ECtHR. Most of the disputes over proportionality arise in the context of human rights restrictions guaranteed by Articles 8 (2) – 11 (2) of the ECHR. Therefore, the principle of proportionality requires national public authorities to strike a fair balance between competing public and private interests at stake. The ECtHR assesses such factors, as the importance of competing interests, objectivity (adequacy, reasonableness) of the restriction, the existence of consensus among Council of Europe member States on the issue under consideration.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125759522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CONTEMPORARY ASPECTS OF LEGAL APPROXIMATION BETWEEN THE EUROPEAN UNION AND THE RUSSIAN FEDERATION","authors":"D. Galushko","doi":"10.25234/eclic/11904","DOIUrl":"https://doi.org/10.25234/eclic/11904","url":null,"abstract":"Legal harmonization has been playing a central part in international relations from the second half of the XX century. This was caused by the intensification of cooperation in the economic sphere between both public and private actors from different countries. This can be seen in an example of the European Union and the Russian Federation. The goal of legal approximation of the EU law with the Russian legal system was inscribed in the Partnership and Cooperation Agreement between the European Communities and the Russian Federation. Russia, like many countries that are not member states of the European Union, has been mak-ing efforts to approximate their national legislation to norms of the EU legal system. Legislative approximation of the EU law means transposition, implementation, and enforcement of the norms of the EU legal system in their partner countries’ national legal practices; a legislative process that aims gradually to bring closer and eventually to bring into compliance partner countries’ legislative framework with EU law. The research is focused on the study of modern issues of approximation between legal orders of the European Union and the Russian Federation with stress on particular branches of law, which was influenced by the process. The author starts from the evolution of the approximation process, its general issues, development of a relevant international legal basis. Features of influence of the EU on developments of the Russian legal system were identified and analyzed. As the EU-Russia legal approximation process now faces both internal and external-global threats, relevant law, developments of its different spheres and branches of the legal system of the Russian Federation, will be explored. In the focus of research, there will be developments in the following branches: civil law, labor law, technical regulation, legal regulation of higher education. The author finally gives his view on prospects of the EU-Russia legal approximation process, its development in the light of existing and future global and regional challenges and relations.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127413153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"INSTITUTIONAL ASPECTS OF EUROPEAN ECONOMIC POLICY COORDINATION MECHANISMS: THE IMPLICATION FOR SERBIA","authors":"M. Dimitrijevic","doi":"10.25234/eclic/11936","DOIUrl":"https://doi.org/10.25234/eclic/11936","url":null,"abstract":"The subject of analysis in this paper is to review the institutional aspects of coordination mechanisms for economic policy in the European Union. In this context, the first part of the article defines the concept of coordination, the benefits versus the competition, the goals and the principles on which mechanisms are placed. In the second part of paper points to the impact of the mechanism for coordination of economic policy in Serbia, costs and benefits of the coordination process, i.e. primarily in the light of the new wave of coordination which started with the new model of economic governance during the global crisis embodied in the provisions of the European semester, the European Stabilisation Mechanism and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union. The central hypothesis is based on the fact that Serbia its economic policy must shape according to European coordination mechanisms in the broadest sense, and not only in the field of monetary and fiscal policy, but also other segments of structural macroeconomic policies (labour market, as well as in the new areas such as environmental policy and cohesion policy) to achieve sustainable economic development. Although the domestic economic policymakers have done a lot on that plan, there is still a practical and logical need for the harmonisation of specific segments of economic policy and reducing the time lag in the implementation of the actions of economic policy.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"183 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122081866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PROTECTION OF THE FINANCIAL INTERESTS OF EUROPEAN UNION IN CROATIA: RECENT DEVELOPMENTS AND OLD QUESTIONS","authors":"Lucija Sokanović","doi":"10.25234/eclic/11939","DOIUrl":"https://doi.org/10.25234/eclic/11939","url":null,"abstract":"A significant phase in the protection of the financial interests of European Union has been completed within adoption of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law, as well as the Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (“the EPPO”). The purpose of this paper is to determine the extent to which national criminal law is harmonized with the recent European legislation in the field of the protection of the Union’s financial interests and to detect what steps should be taken in order to accomplish effective protection of EU financial interests. The establishment of the European Public Prosecutor’s Office and its material competences is burdened with some important issues: vagueness in prescribing criminal offences affecting the financial interests of the Union, problems with interpretation of the terms inextricably linked offences and offences regarding participation in a criminal organization if the focus of the criminal activity of such a criminal organization is to commit any of the offences affecting the financial interests of the Union.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123911650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A DECADE OF BALANCING WITH EU HUMAN RIGHTS PROTECTION: BETWEEN NATIONAL AND INTERNATIONAL COMPETENCES AND SOURCES OF LAW , INDIVIDUAL AND SYSTEMIC INTERESTS","authors":"M. Lukić, Ljerka Mintas Hodak","doi":"10.25234/eclic/11894","DOIUrl":"https://doi.org/10.25234/eclic/11894","url":null,"abstract":"The path towards establishing and advancing human rights’ protection within the EU legal system seemed straightforward a decade ago. With the entry into force of the Lisbon Treaty in 2009, the Charter of Fundamental Rights of the EU became part of primary law, together with a commitment of accession to the European Convention on Human Rights. In 2010, Protocol 14 to the ECHR entered into force, allowing the EU to accede to the ECHR. A draft agreement on accession was finalized thereafter. In 2014, however, the Court of Justice of the European Union issued a negative opinion on the draft accession treaty, citing perceived threats to autonomy of EU law, competence of the EU and powers of the Court. A year earlier, in February 2013, the CJEU rendered judgments in cases Fransson and Melloni whereby it provided crucial rules for interpretation of clauses 51(1) and 53, respectively, of the Charter. The field of application of the Charter was equated with the scope of EU law. Primacy, effectiveness and unity of EU law, both primary and secondary, were prioritized over human rights and fundamental freedoms recognized by international agreements, including the ECHR, as well as by the Member States’ constitutions. The realm of fundamental individual rights remains to this day the decisive grounds for asserting the core principle of EU constitutionality: the autonomy of EU law. Accession to the ECHR remains to this day a proclaimed goal of EU governing bodies, but little palpable progress is being made. Protection of fundamental rights at EU level has remained a point of contention among academics. Some question the very need for its existence, in view of constitutional guarantees by Member States and the ECHR.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116018080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE NEW METHODOLOGY OF NEGOTIATING WITH THE CANDIDATE COUNTRIES IN THE CONTEXT OF MACRON’S RESHAPING OF EUROPEAN UNION","authors":"Bojana Lalatović","doi":"10.25234/eclic/11909","DOIUrl":"https://doi.org/10.25234/eclic/11909","url":null,"abstract":"The enlargement policy of the European Union is known to be one of its best policies, as it has united a continent, stretched the single market and the common policies, thus conforming many aspects of economic and social life in the European countries. The Western Balkan has become, since the dissolution of ex-Yugoslavia, a very important geopolitical region, known also to be the soft belly of Europe. Thessaloniki Summit, held back in 2003, stamped the European perspective on the Western Balkans and declared it as a near future for the region. Since the entering of Romania and Bulgaria in 2007, it has tightened the negotiation rules, pointing out that the Rule of Law is the most important principle and measure of success for the candidate countries. Now, almost seventeen years from the Thessaloniki moment, the EU has stopped the enlargement policy, as the Member States have not found common ground as to open negotiation talks with North Macedonia and Albania. It seems fair to say that the enlargement does not have anymore its geopolitical relevance. It seems that the EU, due to the financial crisis in 2008, and then the migration crisis that followed, has lost its capacity to absorb new member states. However, France, which is starting to play a more central role in the European centerfield, is proposing a new approach to the Western Balkans, presenting a new methodology. The main point of the French proposal is to gradually include candidate countries in the club, by making them achieve certain rights by passing through various phases, seven of them exactly. One of the most important aspects is also the fact that the candidate countries would have access to structural funds, which they do not have today. However, the French proposal isn’t peacefully accepted yet, as many countries have objected. From a geopolitical standpoint, how is this affecting Europe and how the Western Balkan region? Are Macron’s proposals going to slow down the reform processes, thus endangering all that has been accomplished so far? In terms of common foreign and security policy, and the external action of the EU, can the new methodology play a role? In the context where the EU has to play a more active role in the neighbouring regions, it needs stability and more strength. Will Macron deliver just what is needed or will he turn the situation upside down?","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121196190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE EU REPORTS AND OTHER SOFT-GOVERNANCE TOOLS ON RULE OF LAW, INDEPENDENCE, QUALITY AND EFFICIENCY OF JUSTICE SYSTEMS: ARE THEY RIGHT ABOUT THE CURRENT STATE OF JUSTICE SYSTEM IN CROATIA?","authors":"Zvonimir Jelinić","doi":"10.25234/eclic/11897","DOIUrl":"https://doi.org/10.25234/eclic/11897","url":null,"abstract":"The EU is founded on the rule of law, which stands for the political and legal concept that em-bodies many guarantees and principles, including but not limited to having accessible, efficient and independent national justice systems across the EU. However, it is mathematically evident that some national justice systems perform a lot better than others. Moreover, the indicators show that the discrepancies between the justice systems of the EU Member States are so vast so that it brings into question whether the principle of mutual trust that serves as the very basis of numerous procedural documents delivered on the EU level makes sense at all. In his paper the author addresses various problems of the Croatian system of justice by ap-proaching them from two levels; from the academic point of view and from the public perspective. Both views are contextualized with the findings from the EU Justice Scoreboard and other reports. The trustworthiness of the reports is examined and crucial aspects of the problems within the Croatian justice system identified.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116018253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}