Due to the wide range of their beneficiaries and the fact that without them it is not possible for one social community to normally function and even exist, public interest services represent the most important type of services. One of the conditions for their uninterrupted delivery is also to ensure location for construction of objects and for their core activity, which is a difficult task especially in cities and densely inhabited places where there are not many free land lots. This turns into particularly large issue when delivery of these services requires one and specific type of immovable asset which is someone’s private ownership. The only solution for these situations, where there is a conflict of general and individual interest, is to apply expropriation institute which then becomes precondition for public interest services. Therefore, subject of this paper is elaboration of solutions for expropriation in the domestic law, through the analysis of the following segments of this institute: notion, subjects, types, development, functions and elements of expropriation (object, public interest, expropriation procedure and compensation). In the concluding part of the paper, the author summarises results of her analysis, indicating coherence between expropriation and public interest services.
{"title":"EKSPROPRIJACIJA KAO PREDUSLOV ZA PRUŽANjE USLUGA OD OPŠTEG INTERESA","authors":"Nina Planojević","doi":"10.46793/xixmajsko.269p","DOIUrl":"https://doi.org/10.46793/xixmajsko.269p","url":null,"abstract":"Due to the wide range of their beneficiaries and the fact that without them it is not possible for one social community to normally function and even exist, public interest services represent the most important type of services. One of the conditions for their uninterrupted delivery is also to ensure location for construction of objects and for their core activity, which is a difficult task especially in cities and densely inhabited places where there are not many free land lots. This turns into particularly large issue when delivery of these services requires one and specific type of immovable asset which is someone’s private ownership. The only solution for these situations, where there is a conflict of general and individual interest, is to apply expropriation institute which then becomes precondition for public interest services. Therefore, subject of this paper is elaboration of solutions for expropriation in the domestic law, through the analysis of the following segments of this institute: notion, subjects, types, development, functions and elements of expropriation (object, public interest, expropriation procedure and compensation). In the concluding part of the paper, the author summarises results of her analysis, indicating coherence between expropriation and public interest services.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114625601","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 emergence of a modern way of doing business and the introduction of novelties into work processes inevitably caused the creation of new service activities. The fact that today business is done with the help of electronic signatures, certificates, electronic seals and trademarks, with the help of electronic delivery, that every legal entity engaged in any activity must have its own website, as well as the emergence of the need to store electronic documents, caused the creation of a completely new service activities. These are qualified trust services, which are regulated by the Law on Electronic Documents, Electronic Identification and Trust Services in Electronic Business, as well as certain by-laws. These normative acts define a trust service as "an electronic service that facilitates business activity between two or more parties, based on the fact that the service provider guarantees the reliability of certain data to the parties."
{"title":"KVALIFIKOVANE USLUGE OD POVERENjA, USLUGE OD POVERENjA I NjIHOVA PRAVNA REGULATIVA U REPUBLICI SRBIJI","authors":"Ratomir Antonović","doi":"10.46793/xixmajsko.413a","DOIUrl":"https://doi.org/10.46793/xixmajsko.413a","url":null,"abstract":"The emergence of a modern way of doing business and the introduction of novelties into work processes inevitably caused the creation of new service activities. The fact that today business is done with the help of electronic signatures, certificates, electronic seals and trademarks, with the help of electronic delivery, that every legal entity engaged in any activity must have its own website, as well as the emergence of the need to store electronic documents, caused the creation of a completely new service activities. These are qualified trust services, which are regulated by the Law on Electronic Documents, Electronic Identification and Trust Services in Electronic Business, as well as certain by-laws. These normative acts define a trust service as \"an electronic service that facilitates business activity between two or more parties, based on the fact that the service provider guarantees the reliability of certain data to the parties.\"","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"355 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131874148","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 author analyzes the institution of monetary claims on the earnings of the subjects deprived of their liberty from the perspective of legislation and legal practice in our country. After a detailed presentation of the legal solution, special attention is dedicated to the legal practice of the authorities that act in the mentioned case - public enforcement officers and penitentiary institutions. Author conducts a research that includes the practice in penitentiary institutions as institutions for the execution of criminal sanctions and the work of public enforcement officers, with a defined time frame since the 2011 when the new Law on Enforcement and Security has entered into force. Based on the obtained data, certain conclusions were reached that speak in favor of the possibility of introducing the service of execution on compensation for the work earned by prisoners within the legal framework, which, based on everything presented, would be the author's recommendation. As a prerequisite for the full realization of the purpose of this institute, the author recognizes an adequate amount of compensation for the work of prisoners as well as a greater scope of work engagement of prisoners, and gives guidelines on how to fulfill this prerequisite.
{"title":"USLUGA IZVRŠENjA NOVČANOG POTRAŽIVANjA NA ZARADI LICA LIŠENOG SLOBODE –ZAKONSKA REGULATIVA I PRAVNA PRAKSA U RS","authors":"Marija Milojević","doi":"10.46793/xixmajsko.939m","DOIUrl":"https://doi.org/10.46793/xixmajsko.939m","url":null,"abstract":"In this paper, the author analyzes the institution of monetary claims on the earnings of the subjects deprived of their liberty from the perspective of legislation and legal practice in our country. After a detailed presentation of the legal solution, special attention is dedicated to the legal practice of the authorities that act in the mentioned case - public enforcement officers and penitentiary institutions. Author conducts a research that includes the practice in penitentiary institutions as institutions for the execution of criminal sanctions and the work of public enforcement officers, with a defined time frame since the 2011 when the new Law on Enforcement and Security has entered into force. Based on the obtained data, certain conclusions were reached that speak in favor of the possibility of introducing the service of execution on compensation for the work earned by prisoners within the legal framework, which, based on everything presented, would be the author's recommendation. As a prerequisite for the full realization of the purpose of this institute, the author recognizes an adequate amount of compensation for the work of prisoners as well as a greater scope of work engagement of prisoners, and gives guidelines on how to fulfill this prerequisite.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125459153","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 social protection service of a child's personal companion represents the provision of appropriate individual practical support to the child for inclusion in regular schooling, and activities in the community, in order to establish the highest possible level of independence. The Social Protection Law does not explicitly prescribe this service, but it belongs to daily services in the community. Supported housing for people with physical disabilities, intellectual or mental difficulties, is the assurance of appropriate accommodation, professional assistance and support in gaining the highest degree of independence that enables them to live a better independent life in the community. The paper presents the normative arrangement of the services of a child's personal companion and a supported housing in Serbian law and comparative law with observed shortcomings and a proposal to amend the regulations.
{"title":"USLUGE LIČNOG PRATIOCA DETETA I STANOVANjA UZ PODRŠKU U PRAVU SRBIJE I UPOREDNOM PRAVU","authors":"Velisav Marković","doi":"10.46793/xixmajsko.591m","DOIUrl":"https://doi.org/10.46793/xixmajsko.591m","url":null,"abstract":"The social protection service of a child's personal companion represents the provision of appropriate individual practical support to the child for inclusion in regular schooling, and activities in the community, in order to establish the highest possible level of independence. The Social Protection Law does not explicitly prescribe this service, but it belongs to daily services in the community. Supported housing for people with physical disabilities, intellectual or mental difficulties, is the assurance of appropriate accommodation, professional assistance and support in gaining the highest degree of independence that enables them to live a better independent life in the community. The paper presents the normative arrangement of the services of a child's personal companion and a supported housing in Serbian law and comparative law with observed shortcomings and a proposal to amend the regulations.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121807361","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}
Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.387dm
Tamara Đurđić Milošević
The protection of personal data currently represents one of the most debated issues, and a huge number of new reforms in this field have been enacted in the recent years, starting from the European Union's GDPR. The importance of data protection stems from the characteristics of the modern digital economy, where data plays a prominent economic role. Personal information must to be protected as they constitutes a fundamental rights of individuals, as it is recognised by the major charters of fundamental rights. Anyhow, the debate is almost always focused on the protection of personal data of people who are alive. But what happens to the data produced in the digital environment by deceased persons? The topic is at the intersection between data protection and inheritance law, as the control over these data can be ‘passed on’ the deceased person's heirs, especially regarding personal profiles on social media. On this point various solutions have been adopted in different legal systems, and this paper will try to analyse them under a comparative perspective, with the aim of understanding which could be a viable regulatory regime in this field.
{"title":"„POSTMORTEM“ ZAŠTITA LIČNIH PODATAKA I DIGITALNO NASLEĐIVANjE","authors":"Tamara Đurđić Milošević","doi":"10.46793/xixmajsko.387dm","DOIUrl":"https://doi.org/10.46793/xixmajsko.387dm","url":null,"abstract":"The protection of personal data currently represents one of the most debated issues, and a huge number of new reforms in this field have been enacted in the recent years, starting from the European Union's GDPR. The importance of data protection stems from the characteristics of the modern digital economy, where data plays a prominent economic role. Personal information must to be protected as they constitutes a fundamental rights of individuals, as it is recognised by the major charters of fundamental rights. Anyhow, the debate is almost always focused on the protection of personal data of people who are alive. But what happens to the data produced in the digital environment by deceased persons? The topic is at the intersection between data protection and inheritance law, as the control over these data can be ‘passed on’ the deceased person's heirs, especially regarding personal profiles on social media. On this point various solutions have been adopted in different legal systems, and this paper will try to analyse them under a comparative perspective, with the aim of understanding which could be a viable regulatory regime in this field.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"236 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126140376","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 the work, the author pays attention to the administrative and legal aspects of consumer rights protection in Serbian law. Namely, the protection of consumer rights can be divided into public law and private law forms. In that division, administrative legal protection of consumer rights is included in public law forms. It is pointed out the already stated position in theory that one of the differences between administrative and judicial protection of consumers is the fact that the administrative authority has greater freedom in interpreting the protection goals, and at the same time, greater responsibility for the implementation of the goals. However, the views on the shortcomings of the administrative legal protection of consumer rights were also pointed out. In the Serbian legal system, the protection of the collective interests of consumers is entrusted to the administrative body in a special administrative procedure. This procedure shows quite a few deviations from the general administrative procedure. The advantage of the administrative procedure compared to the civil procedure should be efficiency and economy. Once established, the trader's behavior as a violation of the collective interest affects all consumers, so in case they repeat such practice, the others can join the already established violation, which is now directly sanctioned with the help of inspection supervision, without the need to be examined in a specific case. Inspectional supervision is reduced to the totality of activities of state administration bodies by which they examine the implementation of laws and other regulations, through direct insight into the operations and actions of natural and legal persons and, depending on the results of the supervision, pronounce the measures for which they are authorized. It is regulated by a special law and is a form of legal supervision, which is carried out with administrative powers by state administration authorities over non-authoritative activities of controlled subjects. The paper indicates that inspection supervision is an institutional form of consumer rights protection.
{"title":"UPRAVNOPRAVNI ASPEKTI ZAŠTITE PRAVA POTROŠAČA U SRPSKOM PRAVU","authors":"Milan Rapajić","doi":"10.46793/xixmajsko.759r","DOIUrl":"https://doi.org/10.46793/xixmajsko.759r","url":null,"abstract":"In the work, the author pays attention to the administrative and legal aspects of consumer rights protection in Serbian law. Namely, the protection of consumer rights can be divided into public law and private law forms. In that division, administrative legal protection of consumer rights is included in public law forms. It is pointed out the already stated position in theory that one of the differences between administrative and judicial protection of consumers is the fact that the administrative authority has greater freedom in interpreting the protection goals, and at the same time, greater responsibility for the implementation of the goals. However, the views on the shortcomings of the administrative legal protection of consumer rights were also pointed out. In the Serbian legal system, the protection of the collective interests of consumers is entrusted to the administrative body in a special administrative procedure. This procedure shows quite a few deviations from the general administrative procedure. The advantage of the administrative procedure compared to the civil procedure should be efficiency and economy. Once established, the trader's behavior as a violation of the collective interest affects all consumers, so in case they repeat such practice, the others can join the already established violation, which is now directly sanctioned with the help of inspection supervision, without the need to be examined in a specific case. Inspectional supervision is reduced to the totality of activities of state administration bodies by which they examine the implementation of laws and other regulations, through direct insight into the operations and actions of natural and legal persons and, depending on the results of the supervision, pronounce the measures for which they are authorized. It is regulated by a special law and is a form of legal supervision, which is carried out with administrative powers by state administration authorities over non-authoritative activities of controlled subjects. The paper indicates that inspection supervision is an institutional form of consumer rights protection.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128518463","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}
Pub Date : 2023-06-01DOI: 10.46793/xvixmajsko.209m
Milica Marinković
The author gives an overview of the origin and development of tourism as a cultural and economic phenomenon. Tourism in France was created not only by internal factors, but also by external factors. English travelers from high society were pioneers of pleasure travel, and their favorite destination was precisely France. The first part of the paper concerns the very beginnings of tourism in the 18th century. The tourism of that time did not resemble today's neither in terms of numbers nor in terms of the main tourist attractions. The goal of tourist trips was either to use the beneficial effects of spa and sea waters or to spend the winter in a warmer climate. The second part of the paper deals with the further development of tourism in the 19th century. Thanks to the synergy of romantic ideals of nature and the development of the transport network, France is becoming an increasingly important tourist destination for travelers from both Europe and America. The final part of the paper gives a brief overview of the massification of tourism in France in the 20th century.
{"title":"NASTANAK I RAZVOJ TURIZMA U FRANCUSKOJ","authors":"Milica Marinković","doi":"10.46793/xvixmajsko.209m","DOIUrl":"https://doi.org/10.46793/xvixmajsko.209m","url":null,"abstract":"The author gives an overview of the origin and development of tourism as a cultural and economic phenomenon. Tourism in France was created not only by internal factors, but also by external factors. English travelers from high society were pioneers of pleasure travel, and their favorite destination was precisely France. The first part of the paper concerns the very beginnings of tourism in the 18th century. The tourism of that time did not resemble today's neither in terms of numbers nor in terms of the main tourist attractions. The goal of tourist trips was either to use the beneficial effects of spa and sea waters or to spend the winter in a warmer climate. The second part of the paper deals with the further development of tourism in the 19th century. Thanks to the synergy of romantic ideals of nature and the development of the transport network, France is becoming an increasingly important tourist destination for travelers from both Europe and America. The final part of the paper gives a brief overview of the massification of tourism in France in the 20th century.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128877518","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}
Capital markets require efficient and secure legislation (legal infrastructure). In the construction of the aforementioned, the targeted actions of the European Parliament and the Council and the European Commission since 2018 have been focused on the rules on the transfer of ownership (especially over securities) and the effects of assigning claims to third parties. The aim of this proposal was to ensure legal certainty by establishing uniform rules for the conflict of laws at the level of the Union and thereby help to increase the number of crossborder transactions with claims. A contribution to legal certainty is the determination of unique rules on organizations that have as their activity the collection of claims, either in their own name and for their own account (this is preceded by the transfer of claims) or else in the name and for the account of creditors (the original creditor) or other recipients of claims, who acquired it in the process of disposing of this right. National regulations on the assignment of claims (national substantive law), mainly taking as a basis the Law on Obligations and the Law on Consumer Protection and the Enforcement Law in the focus of the regulation, do not provide a sufficient legal basis for all aspects of debtor's protection, not even in terms of creditor protection. Such a situation conditioned or produced the current chaos on the internal capital market and the emergence of numerous debt collection agencies and confusion in the way they operate and collect debts with frequent violations of the right to protect personal data. In this regard, the law also shows as living organism which is subject to constant changes through the creation of new regulations or the modification of existing ones. The influence of European regulations on national regulations is not only predictable, but also a legal obligation of the Republic of Croatia as a member of the European Union. Capital trading on the capital market simply requires a review, at least of the modern regulations from 2005 or even later in every respect.
{"title":"OTKUP POTRAŽIVANjA ILI PRODAJA DUGOVANjA KAO PRAVNI POSAO U TRŽIŠTU KAPITALA","authors":"Srećko Jelinić","doi":"10.46793/xixmajsko.003j","DOIUrl":"https://doi.org/10.46793/xixmajsko.003j","url":null,"abstract":"Capital markets require efficient and secure legislation (legal infrastructure). In the construction of the aforementioned, the targeted actions of the European Parliament and the Council and the European Commission since 2018 have been focused on the rules on the transfer of ownership (especially over securities) and the effects of assigning claims to third parties. The aim of this proposal was to ensure legal certainty by establishing uniform rules for the conflict of laws at the level of the Union and thereby help to increase the number of crossborder transactions with claims. A contribution to legal certainty is the determination of unique rules on organizations that have as their activity the collection of claims, either in their own name and for their own account (this is preceded by the transfer of claims) or else in the name and for the account of creditors (the original creditor) or other recipients of claims, who acquired it in the process of disposing of this right. National regulations on the assignment of claims (national substantive law), mainly taking as a basis the Law on Obligations and the Law on Consumer Protection and the Enforcement Law in the focus of the regulation, do not provide a sufficient legal basis for all aspects of debtor's protection, not even in terms of creditor protection. Such a situation conditioned or produced the current chaos on the internal capital market and the emergence of numerous debt collection agencies and confusion in the way they operate and collect debts with frequent violations of the right to protect personal data. In this regard, the law also shows as living organism which is subject to constant changes through the creation of new regulations or the modification of existing ones. The influence of European regulations on national regulations is not only predictable, but also a legal obligation of the Republic of Croatia as a member of the European Union. Capital trading on the capital market simply requires a review, at least of the modern regulations from 2005 or even later in every respect.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116594068","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 non-splitting (indivisibility) of a share constitutes one of the fundamental principles of company law. It encompasses the idea that the voting rights (‘control rights’) and economic interests (‘economic rights’ or ‘ownership rights’) are intrinsically bound up in a single share. In recent years, “empty voting” – a tactic allowing to decouple voting rights from economic ownership which embrace a variety of factual circumstances that ultimately result in a partial or a full separation of the right to vote at a shareholders’ meeting from beneficial (i.e. economic) ownership of the shares on the meeting date to influence company’s decision-making process without the intention to hold shares for a longer period of time has become interest of the European legislator. This paper investigates how the European law legal framework approaches to combat the issues caused by empty voting and thus how the principle of non-splitting (indivisibility) of shares in upheld in the EU law. The article explores the features of empty voting, characterizes various approaches to minimizing its impact on the disintegration of a share (i.e., a violation of the principle of non-splitting) and proper functioning of a company, and tries to evaluate the legislative reactions to this phenomenon at the level of EU law level – (Transparency Directive and Shareholders Rights Directive). It also discusses examples of the implementation of the measures in the Polish legal order (i.e. record date system). It is argued that already undertaken regulatory steps: disclosure and information obligations should be seen as a step forward that contributes to upholding the principle of non-splitting of shares in public companies, although they do not forbid the empty voting itself.
{"title":"EMPTY VOTING AND THE PRINCIPLE OF NON-SPLITTING OF SHARE – THE EUROPEAN LAW LEGISLATIVE FRAMEWORK","authors":"Katarzyna Szczepańska","doi":"10.46793/xixmajsko.075s","DOIUrl":"https://doi.org/10.46793/xixmajsko.075s","url":null,"abstract":"The non-splitting (indivisibility) of a share constitutes one of the fundamental principles of company law. It encompasses the idea that the voting rights (‘control rights’) and economic interests (‘economic rights’ or ‘ownership rights’) are intrinsically bound up in a single share. In recent years, “empty voting” – a tactic allowing to decouple voting rights from economic ownership which embrace a variety of factual circumstances that ultimately result in a partial or a full separation of the right to vote at a shareholders’ meeting from beneficial (i.e. economic) ownership of the shares on the meeting date to influence company’s decision-making process without the intention to hold shares for a longer period of time has become interest of the European legislator. This paper investigates how the European law legal framework approaches to combat the issues caused by empty voting and thus how the principle of non-splitting (indivisibility) of shares in upheld in the EU law. The article explores the features of empty voting, characterizes various approaches to minimizing its impact on the disintegration of a share (i.e., a violation of the principle of non-splitting) and proper functioning of a company, and tries to evaluate the legislative reactions to this phenomenon at the level of EU law level – (Transparency Directive and Shareholders Rights Directive). It also discusses examples of the implementation of the measures in the Polish legal order (i.e. record date system). It is argued that already undertaken regulatory steps: disclosure and information obligations should be seen as a step forward that contributes to upholding the principle of non-splitting of shares in public companies, although they do not forbid the empty voting itself.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132797575","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}
Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.1063k
Vladimir Kozar
This paper analyses the regulations of the Republic of Serbia, the positions of domestic judicial practice, as well as the opinions of jurisprudence on the grounds for the exclusion of an economic operator from the public procurement procedure, within the criteria for qualitative selection. The difference between mandatory and optional grounds for exclusion is explained, with a detailed presentation of each. The exclusion of legal entities from participating in public procurement procedures as a legal consequence of criminal convictions was specifically analysed, with a comparison to the safeguard measure of the same content, which the court imposes in the misdemeanor procedure. Furthermore, the potential legal consequences in domestic and comparative law of certain events on the entity's capacity to fulfill a public procurement contract were assessed, such as bankruptcy, insolvency, liquidation, reorganization, financial restructuring, settlement, or other bargaining arrangements with creditors, taking into account regulations and measures that enable an economic operator to continue its business, as well as the ability of the contracting authority to withdraw from the exclusion. The subject of special attention is the importance of failing to meet the obligations outlined in prior public procurement contracts, including the issue of contract termination. Lastly, it was emphasized that demonstrating the trustworthiness of the economic operator is a viable way to prevent its exclusion from the public procurement process.
{"title":"OSNOVI ZA ISKLjUČENjE PRIVREDNOG SUBJEKTA IZ POSTUPKA JAVNE NABAVKE","authors":"Vladimir Kozar","doi":"10.46793/xixmajsko.1063k","DOIUrl":"https://doi.org/10.46793/xixmajsko.1063k","url":null,"abstract":"This paper analyses the regulations of the Republic of Serbia, the positions of domestic judicial practice, as well as the opinions of jurisprudence on the grounds for the exclusion of an economic operator from the public procurement procedure, within the criteria for qualitative selection. The difference between mandatory and optional grounds for exclusion is explained, with a detailed presentation of each. The exclusion of legal entities from participating in public procurement procedures as a legal consequence of criminal convictions was specifically analysed, with a comparison to the safeguard measure of the same content, which the court imposes in the misdemeanor procedure. Furthermore, the potential legal consequences in domestic and comparative law of certain events on the entity's capacity to fulfill a public procurement contract were assessed, such as bankruptcy, insolvency, liquidation, reorganization, financial restructuring, settlement, or other bargaining arrangements with creditors, taking into account regulations and measures that enable an economic operator to continue its business, as well as the ability of the contracting authority to withdraw from the exclusion. The subject of special attention is the importance of failing to meet the obligations outlined in prior public procurement contracts, including the issue of contract termination. Lastly, it was emphasized that demonstrating the trustworthiness of the economic operator is a viable way to prevent its exclusion from the public procurement process.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115421769","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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