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

{"title":"CHALLENGES IN PRE-ACCESSION HARMONIZATION OF ANTI-DISCRIMINATION LAWS IN BOSNIA AND HERZEGOVINA","authors":"L. Mitrović, Predrag Raosavljević","doi":"10.25234/eclic/11942","DOIUrl":"https://doi.org/10.25234/eclic/11942","url":null,"abstract":"The goal of this article is to assess the level of harmonization of the laws of Bosnia and Herzegovina with the acquis communautaire in the field of protection from discrimination, to underline the significance of the implementation of European standards even before formal membership in the Union, to identify challenges in interpretation of individual norms of the European law in the context of domestic legal culture and to exemplify or illustrate potential discord between national and European legislation. Having in mind that the enlargement is one of the most important policies of the European Union, scientific analysis can assist candidate countries to successfully harmonize their legislative framework in the field of protection from discrimination with acquis communautaire. Additionally, elaboration and exemplifica-tion of the foreign legal concepts can help formulate adequate anti-discrimination policies, containing measures aimed at promotion of principle of genuine equality between groups that enjoy special protection. In assessing the level and success of harmonization of Bosnian legislation with the anti-discrimination laws of the European Union, authors resorted to normative, comparative and analytical method related to the content and scope of application of the anti-discrimination clauses of founding treaties and anti-discrimination directives while using case studies of the Court of Justice of the European Union. It is demonstrated that the divided jurisdiction between different levels of government, plurality of legal systems and equally be observed that no other country, candidate for membership in European Union, had to face such internal challenges, amplified by the fact that deep divisions persist after the armed conflict and still found their way into the current political constellation. Concrete substantive challenges Bosnia and Herzegovina is facing when transposing European law are identified in the field of the general exemptions from the principle of equal treatment, the definition of indirect discrimination, wording of the threshold for the burden of proof, exemptions from prohibition of unequal treatment for protection of family relations and awarding damages.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"35 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":"131199446","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":"TOWARDS A NEW STRATEGY FOR EU ENLARGEMENT – BETWEEN THE WISH FOR AN ENCOURAGEMENT, THE REALITY OF THE FATIGUE AND THE THREAT OF A DEAD END","authors":"Uros Cemalovic","doi":"10.25234/eclic/11905","DOIUrl":"https://doi.org/10.25234/eclic/11905","url":null,"abstract":"European Unions (EU) enlargement policy is, for at least halfa decade, facing a reality that, with quite some benevolence, could be defined as an orientation crisis, accompanied with a substantial lack of clarity and precision The fact that, during the second half of 2019, both North Macedonia (NM) and Albania (AL) have not achieved the status of candidate countries was only a symptom - unfortunately not devoid of still unforeseeable internal political and economic consequences - of undeniable and profound discord between the EU member states over the future of the Union's enlargement policy When it comes to the two countries of the Western Balkans - Serbia (SR) and Montenegro (MN) - that are already in the process of membership negotiation, their relatively poor progress in 2019 - with either no further chapters provisionally closed (MN) or with only one chapter opened (SR) - only confirms the initial assessment about the fundamental crisis of this important EU policy On the basis of scarce and mostly underdeveloped elements of the new enlargement methodology presented by the Commission in February 2020, this paper - using content analysis and scrutiny of negotiation-related polices of candidate countries - seeks to go beyond questions of conditionality and benchmarks, in order to examine some major consequences that this potentially new enlargement strategy could have In spite of the fact that the focus of the analysis is put on some major changes the reorientation of this policy would entail, the author also examines (and, to some extent, predicts) what are the potential benefits and/or threats the new methodology could bring to both candidates and the EU itself Without any pretention to provide final answers and apodictic conclusions, this paper proposes some elements of fine-tuning, in order to better define a potential change that encompasses the following three controversial elements: the wish for an encouragement, the reality of the fatigue and the threat of a dead end","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":"129814909","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":"TRANSFORMATION OF FINANCIAL REGULATORY GOVERNANCE THROUGH INNOVATION FACILITATORS - CASE STUDY OF INNOVATION HUB IN CROATIAN CAPITAL MARKETS","authors":"Ivana Bajakić","doi":"10.25234/eclic/11933","DOIUrl":"https://doi.org/10.25234/eclic/11933","url":null,"abstract":"FinTechs have attracted great attention for their potentially disruptive impact on financial ecosystem. They represent a great opportunity for democratisation of financial systems and better access to finance, but also a possible risk for financial stability. Regulatory framework is trailing behind fast-moving technological advancements. Innovation facilitators, i.e. innovation hubs and regulatory sandboxes have been designed as new governance models to promote technological innovations and regulatory efficiency in financial services. The UK is a global pioneer in this area with Project Innovation that started in 2014, while other Member States followed. Croatia has established its first innovation facilitator in a form of Innovation hub in May 2019. The purpose of this paper is to examine the level of financial regulatory innovation and potential for transformation of regulatory governance from “command and control” system to more alternative and collaborative approach characteristic for innovation facilitators. Research methodology combines secondary data, semi-structured interviews and comparative assessment of UK’s and Croatia’s approach to financial regulatory governance, using the most different case method. Results point to incremental changes in governance culture, nonetheless a positive step forward in promoting a culture of dialogue and better policy-making.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"11 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":"126362238","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":"STRENGTHENING THE RIGHTS OF SEXUALLY ABUSED CHILDREN IN FRONT OF THE EUROPEAN COURT FOR HUMAN RIGHTS: A TALE OF JUSTICE, FAIRNESS AND CONSTANT NORMATIVE EVOLUTION","authors":"Dalida Rittossa","doi":"10.25234/eclic/11915","DOIUrl":"https://doi.org/10.25234/eclic/11915","url":null,"abstract":"","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"39 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":"115221042","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":"ADMINISTRATIVE ADJUDICATION IN THE PROCESS OF THE ASSOCIATION REGISTRATION IN THE REPUBLIC OF CROATIA","authors":"Dario Đerđa, Marina Dereta","doi":"10.25234/eclic/11941","DOIUrl":"https://doi.org/10.25234/eclic/11941","url":null,"abstract":"This paper aims to analyze the legal regulation of association registration in the Republic of Croatia and to determine whether the provisions on association registration in the Registry Book of Associations and the acquisition of legal personality of associations have achieved proportionality in the protection of parties’ rights and protection of the public interest. For this purpose, the concept and role of associations in the Republic of Croatia is first considered. Next, the process of establishing and registering associations in the Registry Book of Associations, as a constitutive element of an association acquiring legal personality, is analyzed. Particular attention is thereby paid to the statutory presumption of registration when the competent authority does not issue a decision rejecting the request for association registration within the prescribed period. It probes the justification of such a normative approach and compares it with the legal solutions present in German, French, Italian, Slovenian, and Serbian law. Finally, in conclusion, the authors evaluate the quality of Croatia’s approach to the association registration into the Registry Book of Associations.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"46 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":"129571809","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":"IMPORTANCE OF THE PROTECTION OF PRIVACY OF JUVENILE SUSPECTS OR ACCUSED PERSONS IN CRIMINAL PROCEEDINGS IN THE CONTEXT OF THE EU LAW","authors":"I. Radić","doi":"10.25234/eclic/11917","DOIUrl":"https://doi.org/10.25234/eclic/11917","url":null,"abstract":"The protection of privacy of juvenile suspects or accused persons in criminal proceedings is one of the fundamental principles of juvenile criminal procedure. The aim of this right is to prevent any unnecessary stigmatisation and labelling of juveniles suspected/accused as perpetrators (of criminal act) by their peers or others in their community. The involvement in a formal criminal proceeding can be very stressful for a juvenile and affect their further development and mental health. The protection of privacy during criminal proceeding helps them in their rehabilitation and reintegration into society after conviction. Countries usually protect the juveniles` right to privacy by closing the criminal proceeding for general public and by restrict-ing the disclosure of information about criminal proceedings involving juveniles as suspects or accused persons to the media. In practice, this means that a limited number of people in criminal justice system has the right to access information about suspected/accused juveniles. Unfortunately, the present-day media often neglect this right and use information about juveniles in criminal proceeding in their news reports in a sensationalist way in order to increase their circulation. That kind of practice shows that this right is considered irrelevant and that the media and general public do not have appropriate knowledge about the importance and reasons why this right has been incorporated into the juvenile criminal procedure. This paper analyses the importance of the protection of privacy of juveniles who are suspects or accused persons in criminal proceeding according to the international documents, ECHR, the relevant case law and the Directive EU 800/2016 with reference to the legislative solutions found in some EU Member States including Croatia.","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":"125295263","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":"RESTRICTIONS ON THE ACQUISITION OF CERTAIN CATEGORIES OF REAL ESTATE IN RELATION TO THE BASIC MARKET FREEDOMS IN THE EUROPEAN UNION","authors":"Ivna Godžirov","doi":"10.25234/eclic/11930","DOIUrl":"https://doi.org/10.25234/eclic/11930","url":null,"abstract":"The acquisition of ownership of real estate in the European Union is regulated by national laws of the Member States. As one of the cornerstones of the EU legal system is the prohibition of discrimination based on the nationality, all national systems have to allow citizens of other EU Member States to acquire the ownership of real estate under the same conditions that apply to their own citizens. Nevertheless, there are certain exceptions to this rule that allow the Member States to exclude certain categories of real estate from being accessible to non-citizens, such as agricultural land, forests, secondary homes and excluded areas under special nature protection regimes. Moreover, many States have been granted the right to transitional restrictions for the acquisition of agricultural land upon their accession to the EU, lasting for several years, during which period non-citizens were prevented from acquiring the ownership of such property. After those grace periods have ended, many countries have introduced different new measures aiming at protecting their agricultural land from being taken over by foreign investors, only by different means. Such measures, even though they are not explicitly preventing non-citizens from the acquisition of the ownership, make it practically almost impossible for them to get it. Although the objectives behind all these practices of the Member States, such as prevention of the land-grabbing and land speculation, preserving agricultural communities and supporting the development of rural regions are quite justifiable, they still collide with basic market freedoms in the European Union. The paper will show the multitude of legal approaches to the acquisition of real estate by non-citizens throughout the European Union. It will show the development of national policies regarding the “restricted” categories of real estate – agricultural land, forest land and land under specific protection regimes – and these national legal norms will be put in perspective with the basic freedoms of the EU internal market. The aim of the paper will be to question the","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"325 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":"133042127","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":"EUROPEANISATION OF THE MACEDONIAN PRIVATE INTERNATIONAL LAW – LEGAL EVOLUTION OF A NATIONAL PRIVATE INTERNATIONAL LAW ACT","authors":"I. Rumenov","doi":"10.25234/eclic/11906","DOIUrl":"https://doi.org/10.25234/eclic/11906","url":null,"abstract":"The new Private International Law Act of the Republic of North Macedonia (hereinafter the PIL Act 2020) has been adopted in 2020. It represents one of the most comprehensive codification of European Union private international law (hereinafter the EU PIL) provisions in national private international law act. The PIL act 2020 implements most of the EU conflict of law rules and EU jurisdictional criteria especially those that have universal application. The most significant characteristics of PILA 2020 are: firstly, the act has limited the exclusive jurisdictional criteria; secondly, it introduced habitual residence as one of the main jurisdictional and conflict of law criteria; and thirdly, the act ‘mirrors’ the provisions that are present in the EU regulations. Moreover the PILA 2020 has positioned direct link between the decisions of the Court of Justice of the European Union regarding the EU PIL Regulations and the national courts, although N. Macedonia is still a candidate country to the EU. This Europeanisation of the Macedonian PIL has been done for two reasons: first, to modernize the rules in line with the new PIL trends, and secondly to prepare the Macedonian judges for the forthcoming radical change in the PIL when N. Macedonia becomes a full member in the EU. The intention of this article is not to give full detailed analyses of every provision in the new PILA 2020 but rather to provide for general overview of the solutions present in this act, as well to determine the main principles and new tendencies that would define the Macedonian private international law in future.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"115 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":"130528937","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":"(IN)ADEQUATE CRIMINAL PROTECTION OF THE CAPITAL MARKET IN THE REPUBLIC OF SERBIA","authors":"Jelena Kostić, Sanja Jelisavac Trošić","doi":"10.25234/eclic/11918","DOIUrl":"https://doi.org/10.25234/eclic/11918","url":null,"abstract":"Regulation 596/2014/EU and Directive 2014/57/EU were adopted in order to provide adequate protection of investors and the smooth functioning of the capital market in European Union (EU). They envisage the obligations of Member States to prescribe, under national law, misdemeanor and criminal sanctions for conduct that constitutes abuses in the capital market. Their aim was to provide the same level of criminal justice protection at the level of all EU countries. As EU candidate country, the Republic of Serbia has prescribed sanctions by the Law on the Capital Market, the Law on Takeovers of Joint Stock Companies and the Law on Open-Ended Investment Funds subject to Public Offering. Although serious abuses in the capital market of the Republic of Serbia constitute criminal offenses, in practice it seems impossible for prosecutors and courts to prove their existence. Therefore, we cannot say that there is adequate protection of investors or unhindered functioning of the capital market. Given that national courts do not recognize as valid circumstantial evidence, it is impossible to prove some of these acts without the use of specific evidentiary actions such as, for example, eavesdropping on telecommunications. However, the Criminal Procedure Code of the Republic of Serbia only provides for a limited number of criminal offenses to which such evidentiary actions can be applied. This provision does not cover offenses under the sec-* This paper created two and European Law: Comparison and har-monization“, of Education and Science of Republic of Serbia, number 179031, which is Institute of Comparative Law and and challenges in international relations in 2020”, ondary criminal legislation and, therefore, offenses representing abuses in the capital market. In the previous period, the Securities Commission has filed several criminal charges against the perpetrators of such criminal offenses, however, the Public Prosecutor’s Office has not filed any lawsuit or notified the authorized applicant on the outcome of the proceedings. Such actions could further discourage institutions authorized to monitor legitimate capital market opera-tions from filing criminal charges against capital market abusers in the future, some of which may be related to corporate business corruption. This could certainly have a negative impact on the decisions of both existing and potential investors in the capital market. This paper starts with the analysis of compliance of the regulations of the Republic of Serbia with Regulation 596/2014/EU and Directive 2014/57/EU, then points to the lack of provisions of the Criminal Procedure Code which provides for the limited application of special evidence in criminal proceedings. Based on this analysis the authors strive to make recommendations in order to improve the implementation of provisions that enable the suppression of criminal offenses which threaten the capital market integrity. In this way, we would like to point out that alignmen","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"31 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":"128233043","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":"SEXUAL ORIENTATION DISCRIMINATION - A EUROPEAN PERSPECTIVE THROUGH THE PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AND OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA","authors":"M. Čepo, A. Kovačević, Martina Lučić","doi":"10.25234/eclic/11948","DOIUrl":"https://doi.org/10.25234/eclic/11948","url":null,"abstract":"Any discrimination or exclusion based on sexual orientation for the purpose of reducing equality before the law, as well as providing preferential treatment on these grounds, constitutes sexual orientation discrimination . This paper will, inter alia, address the rights of same-sex partners vis-à-vis the rights of heterosexual partners, with the aim of analyzing the current stage of the European perspective in the area where the legal arrangements of certain EU Member States","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"172 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":"122059724","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}