In the Coman case, the European Court of Justice was asked whether the term "spouse" - for the purpose of EU law - includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement that Union citiyens enjoy under EU law. This case comment analyses the judgment, arguing that the Court's pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, the case poses a number of important questions, which will only be answered in case law and practice in the years to come.
{"title":"The ECJ's Coman judgment: Recognition of same-sex marriage indirectly?","authors":"Milena Petrović","doi":"10.5937/rkspp2102077p","DOIUrl":"https://doi.org/10.5937/rkspp2102077p","url":null,"abstract":"In the Coman case, the European Court of Justice was asked whether the term \"spouse\" - for the purpose of EU law - includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement that Union citiyens enjoy under EU law. This case comment analyses the judgment, arguing that the Court's pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, the case poses a number of important questions, which will only be answered in case law and practice in the years to come.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"187 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":"124175094","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}
The development of new technologies has different effects on the existing law. Smart contracts are one of the forms of the new technologies that questions the application of the traditional contract law on commercial transactions using smart contracts. In that context, the enforceability of contractual transactions concluded in the form of smart contracts represent one of the major legal questions. Moreover, the question is whether the existing English contract law needs to be modified in order to secure the enforceability of smart contracts. These issues will be, accordingly examined in this paper with the aim to understand better the relationship of the traditional contract law, on the one side, and, smart contracts, on the other side.
{"title":"The enforceability of smart contracts","authors":"M. Durovic, Franciszek Lech","doi":"10.5937/rkspp1901073d","DOIUrl":"https://doi.org/10.5937/rkspp1901073d","url":null,"abstract":"The development of new technologies has different effects on the existing law. Smart contracts are one of the forms of the new technologies that questions the application of the traditional contract law on commercial transactions using smart contracts. In that context, the enforceability of contractual transactions concluded in the form of smart contracts represent one of the major legal questions. Moreover, the question is whether the existing English contract law needs to be modified in order to secure the enforceability of smart contracts. These issues will be, accordingly examined in this paper with the aim to understand better the relationship of the traditional contract law, on the one side, and, smart contracts, on the other side.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"16 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":"134345970","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}
The consumer protection has been of paramount importance for the EU institutions with the final aim of strengthening the EU single market. At present consumer law occupies a considerable part of the EU regulatory framework. After settling the substantial law with regard to consumer rights, a stronger need for guaranteeing and enforcing those rights is observed. The EU has adopted Directive 2013/11 on Consumer ADR aiming to establish fast, efficient, low-cost and qualitative schemes of consumer redress, operative since the second half of 2015. This paper aims to outline the general requirements of Consumer ADR Directive and introduce the Albanian experience on its transposition. A minor comparative overview to the experience of other EU countries is underlined in order to evaluate the better solution.
{"title":"Consumer ADR: The Albanian experience in transposing EU Directive 2013/11","authors":"Nada Dollani","doi":"10.5937/rkspp1901197d","DOIUrl":"https://doi.org/10.5937/rkspp1901197d","url":null,"abstract":"The consumer protection has been of paramount importance for the EU institutions with the final aim of strengthening the EU single market. At present consumer law occupies a considerable part of the EU regulatory framework. After settling the substantial law with regard to consumer rights, a stronger need for guaranteeing and enforcing those rights is observed. The EU has adopted Directive 2013/11 on Consumer ADR aiming to establish fast, efficient, low-cost and qualitative schemes of consumer redress, operative since the second half of 2015. This paper aims to outline the general requirements of Consumer ADR Directive and introduce the Albanian experience on its transposition. A minor comparative overview to the experience of other EU countries is underlined in order to evaluate the better solution.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"2 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":"117261163","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}
In this paper, the authors are analyzing the trends of the development of the special- are analyzing the trends of the development of the specialization of courts in the field of commercial disputes. Through the analysis, the authors set forth the arguments “pro” and “against” the specialization of the judiciary in this legal field. Also, the authors are analyzing the models of specialization of the judiciary. Special attention is paid to analyzing the experiences of the United States of America, United Kingdom, Ger-many, France, Italy, Switzerland and the Netherlands, as well as countries from the region, such as Serbia, Croatia and Montenegro. The Macedonian judicial experience in this area is analyzed in both periods of development, the period before the abolition of the commercial courts and the period after their abolition.
{"title":"Trends in respect of specialization of commercial disputes judiciary","authors":"Goran Koevski, Darko Spasevski","doi":"10.5937/rkspp1901237k","DOIUrl":"https://doi.org/10.5937/rkspp1901237k","url":null,"abstract":"In this paper, the authors are analyzing the trends of the development of the special- are analyzing the trends of the development of the specialization of courts in the field of commercial disputes. Through the analysis, the authors set forth the arguments “pro” and “against” the specialization of the judiciary in this legal field. Also, the authors are analyzing the models of specialization of the judiciary. Special attention is paid to analyzing the experiences of the United States of America, United Kingdom, Ger-many, France, Italy, Switzerland and the Netherlands, as well as countries from the region, such as Serbia, Croatia and Montenegro. The Macedonian judicial experience in this area is analyzed in both periods of development, the period before the abolition of the commercial courts and the period after their abolition.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","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":"128096152","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}
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