The nexus between criminal and terrorist groups constitute an increasing security threat to the EU, especially in the area of the abuse of the financial system for the purposes of terrorist financing as the associated predicate offence of money laundering (hereinafter: terrorist financing). In that regard, Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing constitutes the main EU legal instrument not only in the context of the detection and investigation but also the prevention it from occurring. However, emerging new trends, in particular regarding the way terrorist groups finance and conduct their operations, including those related to the misuse of prepaid cards and virtual currencies, have brought to light. On the other side, it is noted that there is lack of appropriate cooperation between financial intelligence units and with law enforcement authorities, especially in the area of the access to relevant information of financial organizations on transactions involving high-risk third countries. Therefore, it became undisputed that the Directive (EU) 2015/849 should be amended. In that context, the EU has adopted on 30 May 2018 amended Directive (EU) 2018/843 so as to include the changes to Directive (EU) 2015/849. This is precisely the main reason why the first part of the paper covers the new EU rules in identifying the financial operations of terrorist networks as well as in detecting their financial backers. Furthermore, since the objective of Directive (EU) 2018/843, namely the protection of the financial system by means of prevention, detection and investigation of terrorist financing, cannot be sufficiently achieved only by the Member States with individual measures adopted by them to protect their financial systems, it seems compulsory to take into consideration significant improvements achieved in this area at international level in order to examine whether the new amended EU framework is in compliance with existing international standards. For that reason, the second part of the article deals with the international standards on combating terrorist financing, especially those made by the Financial Action Task Force. Finally, since the Republic of Serbia has, in the context of accession and negotiations process to EU, recently adopted the new framework concerning money laundering and terrorist financing, the third part of the paper is dedicated to the analysis of the national framework in this area in order to examine its compliance with EU framework. In concluding remarks, it is noted that although in the recent period there have been significant improvements in the framework on terrorist financing and money laundering both at the international and EU level but also at the national level, there is still lack of effective implementation of adopted standards. Bearing in mind the above, some recommendations for accelerating the implementation of adopted
{"title":"TERRORIST FINANCING AS THE ASSOCIATED PREDICATE OFFENCE OF MONEY LAUNDERING IN THE CONTEXT OF THE NEW EU CRIMINAL LAW FRAMEWORK FOR THE PROTECTION OF THE FINANCIAL SYSTEM","authors":"N. Paunović","doi":"10.25234/ECLIC/9025","DOIUrl":"https://doi.org/10.25234/ECLIC/9025","url":null,"abstract":"The nexus between criminal and terrorist groups constitute an increasing security threat to the EU, especially in the area of the abuse of the financial system for the purposes of terrorist financing as the associated predicate offence of money laundering (hereinafter: terrorist financing). In that regard, Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing constitutes the main EU legal instrument not only in the context of the detection and investigation but also the prevention it from occurring. However, emerging new trends, in particular regarding the way terrorist groups finance and conduct their operations, including those related to the misuse of prepaid cards and virtual currencies, have brought to light. On the other side, it is noted that there is lack of appropriate cooperation between financial intelligence units and with law enforcement authorities, especially in the area of the access to relevant information of financial organizations on transactions involving high-risk third countries. Therefore, it became undisputed that the Directive (EU) 2015/849 should be amended. In that context, the EU has adopted on 30 May 2018 amended Directive (EU) 2018/843 so as to include the changes to Directive (EU) 2015/849. This is precisely the main reason why the first part of the paper covers the new EU rules in identifying the financial operations of terrorist networks as well as in detecting their financial backers. Furthermore, since the objective of Directive (EU) 2018/843, namely the protection of the financial system by means of prevention, detection and investigation of terrorist financing, cannot be sufficiently achieved only by the Member States with individual measures adopted by them to protect their financial systems, it seems compulsory to take into consideration significant improvements achieved in this area at international level in order to examine whether the new amended EU framework is in compliance with existing international standards. For that reason, the second part of the article deals with the international standards on combating terrorist financing, especially those made by the Financial Action Task Force. Finally, since the Republic of Serbia has, in the context of accession and negotiations process to EU, recently adopted the new framework concerning money laundering and terrorist financing, the third part of the paper is dedicated to the analysis of the national framework in this area in order to examine its compliance with EU framework. In concluding remarks, it is noted that although in the recent period there have been significant improvements in the framework on terrorist financing and money laundering both at the international and EU level but also at the national level, there is still lack of effective implementation of adopted standards. Bearing in mind the above, some recommendations for accelerating the implementation of adopted","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124290000","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}
According to available data (statistical data, data from investigations, professional and scientific papers) property crime represents about two thirds of total crime in the Republic of Croatia. Proof of committing is very often based on personal sources of evidence and a significant number of criminal charges filed by the police with these criminal offenses are submitted to the State Attorney’s Office. This article presents the state of affairs and trends of property crime, the way of proof, and analyzes the police’s success in detecting and proving serious offenses (Article 229. of the Criminal Code). The work is based on the collected data from the police records of Aggravated Larceny crimes, with special emphasis on the suspect’s interrogation based on Article 208a of the Criminal Procedure Act and the significance of the evidence thus obtained for proving the perpetration of the criminal offense. The research was conducted with the aim of determining the effects of the recently transposed Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294) into the criminal justice system of the Republic of Croatia.
根据现有数据(统计数据、调查数据、专业和科学论文)，财产犯罪约占克罗地亚共和国全部犯罪的三分之二。犯罪的证据往往以个人证据来源为基础，警察就这些刑事罪行提出的大量刑事指控都提交给国家检察官办公室。本文介绍了我国财产犯罪的现状和发展趋势，论述了财产犯罪的举证方式，分析了我国公安机关侦查和举证重大犯罪的成功经验(刑法第二百二十九条)。(刑法)。本工作以收集到的严重盗窃罪警方案卷资料为基础，特别强调了根据《刑事诉讼法》第208a条对犯罪嫌疑人进行的讯问，以及由此获得的证据对证明犯罪行为的意义。进行这项研究的目的是确定欧洲议会和理事会2013年10月22日关于在刑事诉讼和欧洲逮捕令程序中接触律师权利的指令2013/48/EU最近被修改的影响。以及在被剥夺自由时向第三方通报并在被剥夺自由期间与第三方和领事当局联系的权利(OJ L 294)进入克罗地亚共和国刑事司法系统。
{"title":"CERTAIN WAYS OF PROVING THE CRIMINAL OFFENCE OF AGGRAVATED LARCENY, WITH SPECIAL REFERENCE TO THE SUSPECT’S INTERROGATION PURSUANT TO ARTICLE 208A OF THE CODE OF CRIMINAL PROCEDURE","authors":"Mirjana Kondor Langer, Stjepan Gluščič","doi":"10.25234/ECLIC/9019","DOIUrl":"https://doi.org/10.25234/ECLIC/9019","url":null,"abstract":"According to available data (statistical data, data from investigations, professional and scientific papers) property crime represents about two thirds of total crime in the Republic of Croatia. Proof of committing is very often based on personal sources of evidence and a significant number of criminal charges filed by the police with these criminal offenses are submitted to the State Attorney’s Office. This article presents the state of affairs and trends of property crime, the way of proof, and analyzes the police’s success in detecting and proving serious offenses (Article 229. of the Criminal Code). The work is based on the collected data from the police records of Aggravated Larceny crimes, with special emphasis on the suspect’s interrogation based on Article 208a of the Criminal Procedure Act and the significance of the evidence thus obtained for proving the perpetration of the criminal offense. The research was conducted with the aim of determining the effects of the recently transposed Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294) into the criminal justice system of the Republic of Croatia.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123653196","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 paper analyses recent decisions delivered by the Court of Justice of the European Union (CJEU) addressing the contemporary challenges facing selective distribution systems. It addresses the legality of restrictions of online sales imposed on distributors. In Coty, a case concerning the selective distribution of luxury products, the CJEU ruled that the restriction of using third-party platforms was compatible with competition law. In order to reach that conclusion, it relied on its trademark jurisprudence. In this regard, several issues emerge: the link between trademark and competition law and the applicability of the ruling on non-luxury products. Coty presents a departure from the CJEU’s earlier judgement delivered in Pierre Fabre and different national authorities interpreted it differently. It seems that the debate over these issues is far from over. The purpose of this paper is to contribute to the discussion trying to reconcile diverging decisions. It is principally based on a case-law analysis, providing critical assessment of the decisions under scrutiny (i.e. CJEU’s case law and the divergent decisions delivered by different national authorities). The study is supported by an analysis of scientific legal and economic papers concerning selective distribution and e-commerce. The research shows that the outcome of the cases depends largely on the concrete factual circumstances. However, certain points appear to be relevant for all the analysed cases, i.e. the applicability of Coty to non-luxury products and the extent of restrictions that triggers the breach of competition law.
{"title":"SELECTIVE DISTRIBUTION OF TRADEMARKED PRODUCTS AND RESTRICTIONS OF ONLINE SALES","authors":"Igor Materljan, Gordana Materljan","doi":"10.25234/ECLIC/9033","DOIUrl":"https://doi.org/10.25234/ECLIC/9033","url":null,"abstract":"The paper analyses recent decisions delivered by the Court of Justice of the European Union (CJEU) addressing the contemporary challenges facing selective distribution systems. It addresses the legality of restrictions of online sales imposed on distributors. In Coty, a case concerning the selective distribution of luxury products, the CJEU ruled that the restriction of using third-party platforms was compatible with competition law. In order to reach that conclusion, it relied on its trademark jurisprudence. In this regard, several issues emerge: the link between trademark and competition law and the applicability of the ruling on non-luxury products. Coty presents a departure from the CJEU’s earlier judgement delivered in Pierre Fabre and different national authorities interpreted it differently. It seems that the debate over these issues is far from over. The purpose of this paper is to contribute to the discussion trying to reconcile diverging decisions. It is principally based on a case-law analysis, providing critical assessment of the decisions under scrutiny (i.e. CJEU’s case law and the divergent decisions delivered by different national authorities). The study is supported by an analysis of scientific legal and economic papers concerning selective distribution and e-commerce. The research shows that the outcome of the cases depends largely on the concrete factual circumstances. However, certain points appear to be relevant for all the analysed cases, i.e. the applicability of Coty to non-luxury products and the extent of restrictions that triggers the breach of competition law.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116494548","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}
Rights in the digital world affect our property in a special way. This paper aims to explain how users right in a digital world reflect on user’s estate of inheritance. Firstly, it is explained what digital content is and what digital services are. After that, digital content and services are discussed from the user’s point of view having in mind rights that users have in a digital world. Although those rights contain a right to use data or services they are created and regulated through different provisions (copyright, intellectual property, ownership or licences). Under the principle of universal succession, everything that belonged to decedent can belong to his or her heirs unless it is explicitly regulated otherwise or rights are strictly personal. Despite this principle there are some rights in the digital world that cannot belong to the heirs. Also, existence of a digital inheritance might cause some practical problems.
{"title":"DOES THE RIGHT TO USE DIGITAL CONTENT AFFECT OUR DIGITAL INHERITANCE?","authors":"Romana Matanovac Vuckovic, Ivana Kanceljak","doi":"10.25234/eclic/9029","DOIUrl":"https://doi.org/10.25234/eclic/9029","url":null,"abstract":"Rights in the digital world affect our property in a special way. This paper aims to explain how users right in a digital world reflect on user’s estate of inheritance. Firstly, it is explained what digital content is and what digital services are. After that, digital content and services are discussed from the user’s point of view having in mind rights that users have in a digital world. Although those rights contain a right to use data or services they are created and regulated through different provisions (copyright, intellectual property, ownership or licences). Under the principle of universal succession, everything that belonged to decedent can belong to his or her heirs unless it is explicitly regulated otherwise or rights are strictly personal. Despite this principle there are some rights in the digital world that cannot belong to the heirs. Also, existence of a digital inheritance might cause some practical problems.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"697 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122984545","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 paper presents an overview of the European Union legal framework related to capital markets, investment funds, credit rating agencies, securitization subjects and structures, primary and secondary markets’ actors and mechanisms, venture capital, social entrepreneurship and long-term investment funds. It also deals with short selling, benchmarks and prospectuses. The content of the paper is defined by the scope of activities of the European Securities and Markets Authority (its supervised entities and the scope of its prudential activities), the consequences of the 2008-2009 financial crisis, and the promises to reshape and develop financial markets and instruments in the European Union and Croatia. The paper intentionally excludes major players in the financial markets in Europe, such as credit institutions, pension funds, insurance undertakings, factoring and leasing companies. The above-mentioned elements are all key points of the strategic project of a Capital Market Union in the EU with the main goals of promoting non-banking financial services to entrepreneurs and SMEs, introducing and developing an alternative to banking loans and other traditional financing tools. These rules and regulations, colloquially called single rulebook, are also applied in the Republic of Croatia as a member of the European Union. Finally, an overview of the evolution of financial markets regulation and supervision infrastructure in Croatia starting since 1990 up to today is provided, including the laws transposing the abovementioned EU directives. The descriptive methodology, detailed analysis, critical resume and synthesis of all the researched elements are used to approach the different levels of rules necessary for future development of financial markets and instruments in Croatia and the EU. The hypothesis tested is whether the new regulatory framework achieves its goals of promoting non-conventional financial instruments in Europe and supporting economic growth.
{"title":"LEGISLATION KEY MILESTONES OF CAPITAL MARKET UNION IN THE REPUBLIC OF CROATIA AND THE EUROPEAN UNION","authors":"A. Pavković, P. Matek","doi":"10.25234/ECLIC/9039","DOIUrl":"https://doi.org/10.25234/ECLIC/9039","url":null,"abstract":"The paper presents an overview of the European Union legal framework related to capital markets, investment funds, credit rating agencies, securitization subjects and structures, primary and secondary markets’ actors and mechanisms, venture capital, social entrepreneurship and long-term investment funds. It also deals with short selling, benchmarks and prospectuses. The content of the paper is defined by the scope of activities of the European Securities and Markets Authority (its supervised entities and the scope of its prudential activities), the consequences of the 2008-2009 financial crisis, and the promises to reshape and develop financial markets and instruments in the European Union and Croatia. The paper intentionally excludes major players in the financial markets in Europe, such as credit institutions, pension funds, insurance undertakings, factoring and leasing companies. The above-mentioned elements are all key points of the strategic project of a Capital Market Union in the EU with the main goals of promoting non-banking financial services to entrepreneurs and SMEs, introducing and developing an alternative to banking loans and other traditional financing tools. These rules and regulations, colloquially called single rulebook, are also applied in the Republic of Croatia as a member of the European Union. Finally, an overview of the evolution of financial markets regulation and supervision infrastructure in Croatia starting since 1990 up to today is provided, including the laws transposing the abovementioned EU directives. The descriptive methodology, detailed analysis, critical resume and synthesis of all the researched elements are used to approach the different levels of rules necessary for future development of financial markets and instruments in Croatia and the EU. The hypothesis tested is whether the new regulatory framework achieves its goals of promoting non-conventional financial instruments in Europe and supporting economic growth.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127083891","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}
Central banks control and manage the amount of money in the economy by steering short-term interest rates. Conventional short-term interest rate monetary policy has its limitations and the limit is zero lower bound. Zero lower bound means that the short-term interest rate cannot be set below 0%. Managing the level of short-term interest rate a central bank can influence the overall availability and cost of credits and control the quantity of money in economy. If the level of the inflation rates are low and economic growth is weak a central bank can lower short-term interest rate to increase money supply in the economy. After the 2008 financial crisis, the European Central Bank reduced short-term interest rates to zero or near zero to stimulate spending and investing with the expectations that this measure would be enough to induce economic growth in the euro area. Contrary to expectations, lowering short-term interest rates had little effects on economy in the euro area. Economic growth stagnated, inflation rates were very low with a tendency to deflation and the rate of the employment was low. Similar effects occurred in other countries where central banks also lowered short-term interest rates to zero or near zero. Since then, the European Central Bank and other central banks did not achieve expected results using conventional short-term interest rates monetary policy so they had to use some other unconventional and non-standard monetary policy measures. The European Central Bank conducted Asset purchases programme (APP) and Longer-term refinancing operations (LTRO) as non-standard monetary policy measures and unconventional balance sheet monetary policy. In this paper, these non-standard measures of the European Central Bank monetary policy will be explained. Characteristics of each measure will be provided and the measures will be compered. The European Central Bank has adopted a decision for each of the measures and those decisions as a legal basis for each of the measure will be given and explained. The European Central Bank expected some results and those expected results will be compared with achieved results of these non-standard measures. Alternative measures and other policies that can improve effectiveness of the unconventional monetary policy measures will be suggested and explained.
{"title":"UNCONVENTIONAL MONETARY POLICY OF THE EUROPEAN CENTRAL BANK","authors":"Dario Hlupić Radić","doi":"10.25234/ECLIC/9045","DOIUrl":"https://doi.org/10.25234/ECLIC/9045","url":null,"abstract":"Central banks control and manage the amount of money in the economy by steering short-term interest rates. Conventional short-term interest rate monetary policy has its limitations and the limit is zero lower bound. Zero lower bound means that the short-term interest rate cannot be set below 0%. Managing the level of short-term interest rate a central bank can influence the overall availability and cost of credits and control the quantity of money in economy. If the level of the inflation rates are low and economic growth is weak a central bank can lower short-term interest rate to increase money supply in the economy. After the 2008 financial crisis, the European Central Bank reduced short-term interest rates to zero or near zero to stimulate spending and investing with the expectations that this measure would be enough to induce economic growth in the euro area. Contrary to expectations, lowering short-term interest rates had little effects on economy in the euro area. Economic growth stagnated, inflation rates were very low with a tendency to deflation and the rate of the employment was low. Similar effects occurred in other countries where central banks also lowered short-term interest rates to zero or near zero. Since then, the European Central Bank and other central banks did not achieve expected results using conventional short-term interest rates monetary policy so they had to use some other unconventional and non-standard monetary policy measures. The European Central Bank conducted Asset purchases programme (APP) and Longer-term refinancing operations (LTRO) as non-standard monetary policy measures and unconventional balance sheet monetary policy. In this paper, these non-standard measures of the European Central Bank monetary policy will be explained. Characteristics of each measure will be provided and the measures will be compered. The European Central Bank has adopted a decision for each of the measures and those decisions as a legal basis for each of the measure will be given and explained. The European Central Bank expected some results and those expected results will be compared with achieved results of these non-standard measures. Alternative measures and other policies that can improve effectiveness of the unconventional monetary policy measures will be suggested and explained.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134488243","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}
Matters of jurisdiction seem to be among aspects of judicial cooperation in civil and commercial matters in which so far most regulatory activity of the European union (hereinafter: EU) has been undertaken. Upon close examination of the rules on jurisdiction of courts in civil and commercial matters in the existing legal framework at EU level, it becomes obvious that they contain the same principle of territoriality. At the same time, in the course of modernization both at the national and EU level it seems that the principle of functionality is becoming more dominant. A question whether it is justified to depart from rules on jurisdiction based on the principle of territoriality and confer jurisdiction on a court other than that of the defendant’s domicile based on the principle of functionality in a cross-border case has arisen recently in joined cases C-400/13 and C-408/13. Within the context of a rather ambiguous view the CJEU took in its decision in the aforementioned cases, the paper examines if enhancing functionality through concentration of jurisdiction will eventually become an advantage or obstacle to access to justice. The analysis includes presentation and comparison of provisions on jurisdiction in cross-border cases based on the principle of territoriality and functionality respectively in several EU legal instruments regulating private international law and civil procedure matters. The paper attempts to draw attention to models of achieving procedural efficiency in different fields of EU’s activity, such as enhancing consumer protection or introducing cross-border collective redress.
{"title":"CONCENTRATION OF JURISDICTION – IS FUNCTIONALITY OF JUDICIARY BECOMING AN OBSTACLE TO ACCESS TO JUSTICE?","authors":"M. Župan, P. Poretti","doi":"10.25234/ECLIC/9004","DOIUrl":"https://doi.org/10.25234/ECLIC/9004","url":null,"abstract":"Matters of jurisdiction seem to be among aspects of judicial cooperation in civil and commercial matters in which so far most regulatory activity of the European union (hereinafter: EU) has been undertaken. Upon close examination of the rules on jurisdiction of courts in civil and commercial matters in the existing legal framework at EU level, it becomes obvious that they contain the same principle of territoriality. At the same time, in the course of modernization both at the national and EU level it seems that the principle of functionality is becoming more dominant. A question whether it is justified to depart from rules on jurisdiction based on the principle of territoriality and confer jurisdiction on a court other than that of the defendant’s domicile based on the principle of functionality in a cross-border case has arisen recently in joined cases C-400/13 and C-408/13. Within the context of a rather ambiguous view the CJEU took in its decision in the aforementioned cases, the paper examines if enhancing functionality through concentration of jurisdiction will eventually become an advantage or obstacle to access to justice. The analysis includes presentation and comparison of provisions on jurisdiction in cross-border cases based on the principle of territoriality and functionality respectively in several EU legal instruments regulating private international law and civil procedure matters. The paper attempts to draw attention to models of achieving procedural efficiency in different fields of EU’s activity, such as enhancing consumer protection or introducing cross-border collective redress.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121765495","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 Republic of Croatia will chair the Council of the European Union from 1 January to 30 June 2020, within the framework of the Joint Presidency Programme with Romania and Finland for a period of 18 months. On 5 July 2018, the Government of the Republic of Croatia adopted a Decision on the Establishment of the Structure for the Preparation and Implementation of the Presidency of the Republic of Croatia of the Council of the European Union in 2020 and declared all preparatory activities for the Presidency to be of special importance for the Republic of Croatia. It is anticipated that around 1,400 meetings will be held in Brussels during the presidency of the Republic of Croatia, along with 1 to 2 summits of Heads of State and Government of the EU member states, about 20 meetings and conferences at the ministerial level and about 200 lower level meetings. Given the requirements and the necessary preparatory and especially implementation activities and a relatively short time for preparation and organization, we believe that the presidency will be a major financial, organizational, logistical, personnel and political challenge for the Government and the Republic of Croatia. On the other hand, the presidency is a chance and an opportunity for the Republic of Croatia to influence the creation and direction of common European policies. Since the Slovenia encountered similar challenges when they have been chairing the Council of the European Union for the first time, we will look at their problems and solutions. The purpose of the research is to identify the key challenges and problems the Republic of Croatia will face when organizing and implementing the Presidency of the Council of the European Union. The aim of the paper is to make recommendations and to define the specific conditions that must be met to successfully organize and implement the Presidency of the Republic of Croatia of the Council of the European Union. Establishment of the presented governance structure of the Croatian Presidency can be positively assessed and it can be assumed that for the successful preparation and implementation of the Presidency of the Council, it is good that the members of the governing body are high-ranking government officials who will be able to use their influence to ensure the anticipated priority of the presidency-related affairs in state administration bodies. On the other hand, it is operationally essential to ensure good and continuous cooperation between and within ministries and other state administration bodies. The research methodology will be based on the secondary, desk study, decisions and programme of the Government of the Republic of Croatia and the comparison of programme and results of the Slovenian Presidency.
{"title":"PRESIDENCY OF THE REPUBLIC OF CROATIA TO THE COUNCIL OF THE EUROPEAN UNION IN 2020","authors":"Suzana Dikonić, D. Slipčević, Marko Dikonić","doi":"10.25234/ECLIC/8995","DOIUrl":"https://doi.org/10.25234/ECLIC/8995","url":null,"abstract":"The Republic of Croatia will chair the Council of the European Union from 1 January to 30 June 2020, within the framework of the Joint Presidency Programme with Romania and Finland for a period of 18 months. On 5 July 2018, the Government of the Republic of Croatia adopted a Decision on the Establishment of the Structure for the Preparation and Implementation of the Presidency of the Republic of Croatia of the Council of the European Union in 2020 and declared all preparatory activities for the Presidency to be of special importance for the Republic of Croatia. It is anticipated that around 1,400 meetings will be held in Brussels during the presidency of the Republic of Croatia, along with 1 to 2 summits of Heads of State and Government of the EU member states, about 20 meetings and conferences at the ministerial level and about 200 lower level meetings. Given the requirements and the necessary preparatory and especially implementation activities and a relatively short time for preparation and organization, we believe that the presidency will be a major financial, organizational, logistical, personnel and political challenge for the Government and the Republic of Croatia. On the other hand, the presidency is a chance and an opportunity for the Republic of Croatia to influence the creation and direction of common European policies. Since the Slovenia encountered similar challenges when they have been chairing the Council of the European Union for the first time, we will look at their problems and solutions. The purpose of the research is to identify the key challenges and problems the Republic of Croatia will face when organizing and implementing the Presidency of the Council of the European Union. The aim of the paper is to make recommendations and to define the specific conditions that must be met to successfully organize and implement the Presidency of the Republic of Croatia of the Council of the European Union. Establishment of the presented governance structure of the Croatian Presidency can be positively assessed and it can be assumed that for the successful preparation and implementation of the Presidency of the Council, it is good that the members of the governing body are high-ranking government officials who will be able to use their influence to ensure the anticipated priority of the presidency-related affairs in state administration bodies. On the other hand, it is operationally essential to ensure good and continuous cooperation between and within ministries and other state administration bodies. The research methodology will be based on the secondary, desk study, decisions and programme of the Government of the Republic of Croatia and the comparison of programme and results of the Slovenian Presidency.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125384540","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 authors in this article primarily seek to clarify the functioning of the legal and economic factors for the future integration of Bosnia and Herzegovina into the European Union. Accordingly, under the conditions of modern market and technological change, it is difficult to imagine the integration process in the sense of globalization, without the more active role of developed countries to assist countries in transition on their European path. Thus, diplomacy has a major impact on economic and legal and political integration in the EU, and on the other hand, Bosnia and Herzegovina has a political, legal and economic interest in joining the EU, and has already started using EU funds according to programs, based on the Framework Agreement between the EU and Bosnia and Herzegovina. It is quite logical that the EU funds are invested with intention to create a competitive B&H economy for the EU Single Market (internal market). However, economic co-operation is only the “first pillar” of the European integration process. A big step forward, with regard to foreign-political cooperation and security, was achieved through the Maastricht Agreement, by introducing the “second pillar” within the European Union. So, it is quite logical to conclude that the Maastricht Agreement joined the security to the Foreign Policy, which then allowed Member States to actively and unreservedly support the realization of the “second pillar”. The foreign policy and security of the EU member states cannot be at an adequate level if no internal security is established in each country. For this reason, it is very important to establish appropriate judicial cooperation and cooperation between the police, in the creation of a European judicial space, whose constituent part Bosnia and Herzegovina tend to be a part of. In this way, a “third pillar” of co-operation in the field of law and internal affairs is created.
{"title":"LEGAL AND ECONOMIC ASPECTS OF INTEGRATION OF BOSNIA AND HERZEGOVINA IN THE EUROPEAN UNION","authors":"Mirza Čaušević, T. Gavrić","doi":"10.25234/ECLIC/8996","DOIUrl":"https://doi.org/10.25234/ECLIC/8996","url":null,"abstract":"The authors in this article primarily seek to clarify the functioning of the legal and economic factors for the future integration of Bosnia and Herzegovina into the European Union. Accordingly, under the conditions of modern market and technological change, it is difficult to imagine the integration process in the sense of globalization, without the more active role of developed countries to assist countries in transition on their European path. Thus, diplomacy has a major impact on economic and legal and political integration in the EU, and on the other hand, Bosnia and Herzegovina has a political, legal and economic interest in joining the EU, and has already started using EU funds according to programs, based on the Framework Agreement between the EU and Bosnia and Herzegovina. It is quite logical that the EU funds are invested with intention to create a competitive B&H economy for the EU Single Market (internal market). However, economic co-operation is only the “first pillar” of the European integration process. A big step forward, with regard to foreign-political cooperation and security, was achieved through the Maastricht Agreement, by introducing the “second pillar” within the European Union. So, it is quite logical to conclude that the Maastricht Agreement joined the security to the Foreign Policy, which then allowed Member States to actively and unreservedly support the realization of the “second pillar”. The foreign policy and security of the EU member states cannot be at an adequate level if no internal security is established in each country. For this reason, it is very important to establish appropriate judicial cooperation and cooperation between the police, in the creation of a European judicial space, whose constituent part Bosnia and Herzegovina tend to be a part of. In this way, a “third pillar” of co-operation in the field of law and internal affairs is created.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122697964","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}
A relatively new institution in Romanian criminal law, adopted in 2012 as a result of the imperative of transposing the international and European legal instruments of the last decades, the institution of “extended confiscation” has hardly found its place in the Romanian legal system, and it can be said that it conflicts with some traditional constitutional principles from which it is not possible to derogate. Thus, on the one hand, Romania has to respect its international commitments and, on the other hand, it must avoid violating some of the rights that have been hard-earned by Romanian young democratic constitutionalism. That is why the extended confiscation, this “necessary evil”, or compromise of modern criminal law, has already begun and we are sure it will generate in the future a lot of theoretical discussions and controversies, but it also encounters a certain retention of the practice, specific to all the innovative criminal law institutions. In the Romanian criminal system, extended confiscation is situated among the “safety measures”, near the “hospitalization based on mental illness” or “prohibition of practicing a profession”. As said in the legal text, the purpose for these measures, developed in the early 20th century by the Italian Positivist school, is the „social defence”. More precisely, it is about removing an existing “state of danger” and preventing the commission of future crimes. However, the extended confiscation is different. The goods so-called “proceeds of crime” do not have to be obtained directly from an offence for which the accused is convicted, but from a general unlawful conduct similar to that crime. I will observe, therefore, in the first chapter of my paper, the international context of fight against organized crime and its proceeds. After that, I will present the actual situation of the extended confiscation in Romania and its place between the criminal measures. In the next chapters I will insist on the concept of dangerousness and also observe the very little difference between the extended confiscation and a criminal punishment, because here we do not talk about the danger of some goods (as in the “classic” or the “common” confiscation, like drugs, guns), but about the danger of the detainer of those things. In the last chapter I will present the recent challenges in transposing the Directive 2014/42/ EU, especially regarding the standard of proof (beyond any doubt) and the recent unconstitutional decision in this case.
{"title":"THE CHALLENGES OF EXTENDED CONFISCATION. DIRECTIVE 2014/42/EU AND TRANSPOSING DIFFICULTIES IN ROMANIA","authors":"A. Stan","doi":"10.25234/ECLIC/9024","DOIUrl":"https://doi.org/10.25234/ECLIC/9024","url":null,"abstract":"A relatively new institution in Romanian criminal law, adopted in 2012 as a result of the imperative of transposing the international and European legal instruments of the last decades, the institution of “extended confiscation” has hardly found its place in the Romanian legal system, and it can be said that it conflicts with some traditional constitutional principles from which it is not possible to derogate. Thus, on the one hand, Romania has to respect its international commitments and, on the other hand, it must avoid violating some of the rights that have been hard-earned by Romanian young democratic constitutionalism. That is why the extended confiscation, this “necessary evil”, or compromise of modern criminal law, has already begun and we are sure it will generate in the future a lot of theoretical discussions and controversies, but it also encounters a certain retention of the practice, specific to all the innovative criminal law institutions. In the Romanian criminal system, extended confiscation is situated among the “safety measures”, near the “hospitalization based on mental illness” or “prohibition of practicing a profession”. As said in the legal text, the purpose for these measures, developed in the early 20th century by the Italian Positivist school, is the „social defence”. More precisely, it is about removing an existing “state of danger” and preventing the commission of future crimes. However, the extended confiscation is different. The goods so-called “proceeds of crime” do not have to be obtained directly from an offence for which the accused is convicted, but from a general unlawful conduct similar to that crime. I will observe, therefore, in the first chapter of my paper, the international context of fight against organized crime and its proceeds. After that, I will present the actual situation of the extended confiscation in Romania and its place between the criminal measures. In the next chapters I will insist on the concept of dangerousness and also observe the very little difference between the extended confiscation and a criminal punishment, because here we do not talk about the danger of some goods (as in the “classic” or the “common” confiscation, like drugs, guns), but about the danger of the detainer of those things. In the last chapter I will present the recent challenges in transposing the Directive 2014/42/ EU, especially regarding the standard of proof (beyond any doubt) and the recent unconstitutional decision in this case.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121746005","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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