The aim of this paper is to explore the possibilities of protection of geographical indications marking traditional products in the European Union, especially after the entry into force of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The current possibilities of protection at the international level serve as a starting point. The most significant changes brought about by the Geneva Act have been indicated in the paper and the consequences of the European Union accession to this international agreement have been analysed in detail. The research shows the advantages in terms of protection of geographical indications after the accession of the European Union to the Geneva Act only related to traditional agricultural and food products, whereas, for example, traditional handicrafts, souvenirs and other non-agricultural products do not benefit therefrom. Moreover, the results of the research show that while the European Union has managed to expand the policy of protection of geographical indications at a global level through the adoption of the Geneva Act, its position has been weakened by the fact that there is no sui generis system of protection of designations of origin and geographical indications for non-agricultural products in the European Union. The paper also analyses the advantages, disadvantages and limitations of the traditional products protection through the geographical indications protection marking them, and it emphasizes the importance of geographical indications protection for indigenous non-agricultural products (souvenirs) for tourist destinations such as the Republic of Croatia. The conclusion of the research supports the need for establishing a system of geographical indications protection for non-agricultural products at the European Union level in order to enable the protection of geographical indications for all traditional products in the European Union through the established system of international registration.
{"title":"ZAŠTITA TRADICIJSKIH PROIZVODA PRIMJENOM ZEMLJOPISNIH OZNAKA U EUROPSKOJ UNIJI NAKON STUPANJA NA SNAGU ŽENEVSKOG AKTA NA LISABONSKI SPORAZUM","authors":"Tea Hasić, Ana Rački Marinković","doi":"10.25234/pv/19632","DOIUrl":"https://doi.org/10.25234/pv/19632","url":null,"abstract":"The aim of this paper is to explore the possibilities of protection of geographical indications marking traditional products in the European Union, especially after the entry into force of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The current possibilities of protection at the international level serve as a starting point. The most significant changes brought about by the Geneva Act have been indicated in the paper and the consequences of the European Union accession to this international agreement have been analysed in detail. The research shows the advantages in terms of protection of geographical indications after the accession of the European Union to the Geneva Act only related to traditional agricultural and food products, whereas, for example, traditional handicrafts, souvenirs and other non-agricultural products do not benefit therefrom. Moreover, the results of the research show that while the European Union has managed to expand the policy of protection of geographical indications at a global level through the adoption of the Geneva Act, its position has been weakened by the fact that there is no sui generis system of protection of designations of origin and geographical indications for non-agricultural products in the European Union. The paper also analyses the advantages, disadvantages and limitations of the traditional products protection through the geographical indications protection marking them, and it emphasizes the importance of geographical indications protection for indigenous non-agricultural products (souvenirs) for tourist destinations such as the Republic of Croatia. The conclusion of the research supports the need for establishing a system of geographical indications protection for non-agricultural products at the European Union level in order to enable the protection of geographical indications for all traditional products in the European Union through the established system of international registration.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43658611","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}
This article discusses the matter of the liability of professional slave-sellers for non-disclosure of a material defect to the buyer under Roman law. After first examining the professional sellers’ representation and image as reported in the relevant sources, the article reviews the material defects of slaves for sale through the lens of jurists’ and other relevant authors’ discussion on morbus et vitium, and how the two relate to the sellers’ claims in regard to the slaves they are selling. Next, the article provides an overview of the buyer’s legal protection in the event of a found defect or false advertising, specifically in the form of actio redhibitoria. By analyzing legal and other relevant ancient Roman sources, this article probes the fine line between allowable sales talks and legally binding sales promises on a number of peculiar slave sale contracts under Roman law. Lastly, the article argues which party to the sale contract had the less favorable position in terms of carrying the risk of the unintentionally undisclosed material defects in the classical Roman law and explores the point at which the limits to advertising end and the seller’s liablity begins.
本文讨论了罗马法律规定的职业奴隶贩卖者对未向买方披露重大缺陷的责任问题。在首先考察了相关资料中报道的职业卖家的代表性和形象后，文章通过法学家和其他相关作者对morbus et vitium的讨论，回顾了待售奴隶的物质缺陷，以及这两者与卖家对其出售奴隶的索赔有何关系。接下来，文章概述了在发现缺陷或虚假广告的情况下，买方的法律保护，特别是以禁止行为的形式。本文通过分析古罗马法律和其他相关资料，探讨了罗马法下一些特殊的奴隶买卖合同中允许的买卖谈判与具有法律约束力的买卖承诺之间的界限。最后，文章论证了在古典罗马法中，销售合同的哪一方在承担无意中未披露的重大缺陷的风险方面处于不太有利的地位，并探讨了广告限制的结束和卖方责任的开始。
{"title":"SOME REMARKS ON SLAVE-SELLERS’ LIABILITY UNDER ROMAN LAW","authors":"Marko Sukačić","doi":"10.25234/pv/18275","DOIUrl":"https://doi.org/10.25234/pv/18275","url":null,"abstract":"This article discusses the matter of the liability of professional slave-sellers for non-disclosure of a material defect to the buyer under Roman law. After first examining the professional sellers’ representation and image as reported in the relevant sources, the article reviews the material defects of slaves for sale through the lens of jurists’ and other relevant authors’ discussion on morbus et vitium, and how the two relate to the sellers’ claims in regard to the slaves they are selling. Next, the article provides an overview of the buyer’s legal protection in the event of a found defect or false advertising, specifically in the form of actio redhibitoria. By analyzing legal and other relevant ancient Roman sources, this article probes the fine line between allowable sales talks and legally binding sales promises on a number of peculiar slave sale contracts under Roman law. Lastly, the article argues which party to the sale contract had the less favorable position in terms of carrying the risk of the unintentionally undisclosed material defects in the classical Roman law and explores the point at which the limits to advertising end and the seller’s liablity begins.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46951599","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}
Local self-government is established as an institutional answer to create balance to the central government and improve democratic and development processes in the local community and the entire national society. On the other hand, sub-municipal government is established as a part of local political decentralization, with the aim of strengthening local political and administrative institutions of local government units. Both can be institutional solutions and an answer for initializing and supporting democratic processes in contemporary society. This article provides analysis of relations between political decentralization in local community and sub-municipal government as a tool for strengthening local political institutions in South-Eastern European countries. This analysis aims to show that sub-municipal government can be also a significant institutional instrument for changes in the local community.
{"title":"DEVELOPMENT OF SUB-MUNICIPAL GOVERNMENT IN SOUTH-EASTERN EUROPEAN COUNTRIES","authors":"M. Klarić","doi":"10.25234/pv/15260","DOIUrl":"https://doi.org/10.25234/pv/15260","url":null,"abstract":"Local self-government is established as an institutional answer to create balance to the central government and improve democratic and development processes in the local community and the entire national society. On the other hand, sub-municipal government is established as a part of local political decentralization, with the aim of strengthening local political and administrative institutions of local government units. Both can be institutional solutions and an answer for initializing and supporting democratic processes in contemporary society. This article provides analysis of relations between political decentralization in local community and sub-municipal government as a tool for strengthening local political institutions in South-Eastern European countries. This analysis aims to show that sub-municipal government can be also a significant institutional instrument for changes in the local community.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41377994","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}
This paper examines and offers a comparative approach to the social background, motivation, performance, self-image and career path of Hungarian and Croatian law students. The paper is based on the results of the empirical research conducted in 2017 by Attila Badó, János Lőrinczi and Zsófia Patyi. The opinions of students were analysed in Croatia in 2018 and 2019 using similar methods. The comparative approach was motivated by the 150th anniversary of the 1868 Croatian-Hungarian Compromise. The two countries formed a state of union for 816 years (1102-1918). After the dissolution of the Austro-Hungarian Monarchy, Croatia became part of the South Slavic state and its education system moved further away from the Hungarian. However, after World War II, higher education in both countries was organized under similar social conditions (one-party system, communist ideology). Currently, the education systems countries are similar to those in the EU Member States. A comparison of their legal studies can provide answers to the same relevant questions.
{"title":"STAVOVI MAĐARSKIH I HRVATSKIH STUDENATA O PRAVNOJ PROFESIJI I MOTIVI UPISA NA STUDIJ PRAVA","authors":"László Heka, Ildikó Szondi Hekáné, Zsófia Patyi","doi":"10.25234/pv/19003","DOIUrl":"https://doi.org/10.25234/pv/19003","url":null,"abstract":"This paper examines and offers a comparative approach to the social background, motivation, performance, self-image and career path of Hungarian and Croatian law students. The paper is based on the results of the empirical research conducted in 2017 by Attila Badó, János Lőrinczi and Zsófia Patyi. The opinions of students were analysed in Croatia in 2018 and 2019 using similar methods. The comparative approach was motivated by the 150th anniversary of the 1868 Croatian-Hungarian Compromise. The two countries formed a state of union for 816 years (1102-1918). After the dissolution of the Austro-Hungarian Monarchy, Croatia became part of the South Slavic state and its education system moved further away from the Hungarian. However, after World War II, higher education in both countries was organized under similar social conditions (one-party system, communist ideology). Currently, the education systems countries are similar to those in the EU Member States. A comparison of their legal studies can provide answers to the same relevant questions.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44243776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In memoriam prof. dr. sc. Marko Petrak","authors":"Nikol Žiha","doi":"10.25234/pv/21899","DOIUrl":"https://doi.org/10.25234/pv/21899","url":null,"abstract":"","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69421294","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}
Drawing up marriage contracts in order to achieve the autonomy of the parties with regard to property relations in marriage in the period after the entry into force of the Austrian General Civil Code has become a common practice. A very detailed normative framework for the regulation of individual institutes of marital law left enough space to regulate property relations between spouses in accordance with their requirements and with the purpose of preserving the economic interests of the family and each partner. In the period in which a man took over the function of managing marital property, and the position of a married woman was marked by patterns of desirable behaviour, a number of property dispositions were recorded with the purpose of strengthening a woman's position in society during marriage, but also securing her status in the case of termination of marriage. Guided by the idea of modernizing the social position of women in the period after the entry into force of the Austrian Civil Code, the basic purpose of this research is to determine the position of women in terms of property rights acquired on the basis of private legal documents. This refers to the institutes included in the content of marriage contracts preserved in the State Archives in Osijek and the effects of wills, which often contained marriage provisions, but also those wills whose creators often sought to provide property protection for poor women by establishing foundations. Available documents come from different legal areas of urban (Osijek) and rural (Baranja) areas, which makes them a valuable material for a comparative analysis of various issues, from applicable law to the effects of its application. Therefore, this research uses a legal-historical method and a comparison of the obtained results to try to determine the effects of marriage law and the impact of contractual dispositions on the economic and legal strengthening of the position of women in the society in the second half of the 19th century.
{"title":"IMOVINSKO PRAVNI POLOŽAJ ŽENE U BRAKU NA PRIJELAZU IZ 19. U 20. STOLJEĆU: PREMA SADRŽAJU PRIVATNOPRAVNIH ISPRAVA","authors":"Jelena Kasap","doi":"10.25234/pv/19937","DOIUrl":"https://doi.org/10.25234/pv/19937","url":null,"abstract":"Drawing up marriage contracts in order to achieve the autonomy of the parties with regard to property relations in marriage in the period after the entry into force of the Austrian General Civil Code has become a common practice. A very detailed normative framework for the regulation of individual institutes of marital law left enough space to regulate property relations between spouses in accordance with their requirements and with the purpose of preserving the economic interests of the family and each partner. In the period in which a man took over the function of managing marital property, and the position of a married woman was marked by patterns of desirable behaviour, a number of property dispositions were recorded with the purpose of strengthening a woman's position in society during marriage, but also securing her status in the case of termination of marriage. Guided by the idea of modernizing the social position of women in the period after the entry into force of the Austrian Civil Code, the basic purpose of this research is to determine the position of women in terms of property rights acquired on the basis of private legal documents. This refers to the institutes included in the content of marriage contracts preserved in the State Archives in Osijek and the effects of wills, which often contained marriage provisions, but also those wills whose creators often sought to provide property protection for poor women by establishing foundations. Available documents come from different legal areas of urban (Osijek) and rural (Baranja) areas, which makes them a valuable material for a comparative analysis of various issues, from applicable law to the effects of its application. Therefore, this research uses a legal-historical method and a comparison of the obtained results to try to determine the effects of marriage law and the impact of contractual dispositions on the economic and legal strengthening of the position of women in the society in the second half of the 19th century.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42598789","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 citizenship of the Union, established by the Maastricht Treaty, became, by virtue of CJEU case law, a fundamental status of nationals of the Member States enabling those who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality. The paper aims to research how the CJEU expanded the EU law application by using the citizenship of the Union and where it set the limits to this expansion. To this end, following the introductory part of the paper, the issues of acquisition and loss of Union citizenship have been analysed. The third part of the paper researches into the CJEU case law regarding expansion of EU law application through the citizenship of the Union. This expansion was first conducted by eliminating both economic and cross-border links as conditio sine qua non of EU law application. The fourth part of the paper considers the possibility of emancipation of EU citizenship from the concept of Member State nationality regarding relevant TEU and TFEU provisions and CJEU case law. Finally, the paper concludes that CJEU has greatly encouraged the expansion of citizenship of the Union but has also limited this expansion by attaching it to national citizenship, which is in line with relevant TEU and TFEU provisions.
{"title":"ODNOS NACIONALNIH DRŽAVLJANSTAVA I GRAĐANSTVA EUROPSKE UNIJE U PRAKSI SUDA EU-a","authors":"Stjepan Novak","doi":"10.25234/pv/13652","DOIUrl":"https://doi.org/10.25234/pv/13652","url":null,"abstract":"The citizenship of the Union, established by the Maastricht Treaty, became, by virtue of CJEU case law, a fundamental status of nationals of the Member States enabling those who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality. The paper aims to research how the CJEU expanded the EU law application by using the citizenship of the Union and where it set the limits to this expansion. To this end, following the introductory part of the paper, the issues of acquisition and loss of Union citizenship have been analysed. The third part of the paper researches into the CJEU case law regarding expansion of EU law application through the citizenship of the Union. This expansion was first conducted by eliminating both economic and cross-border links as conditio sine qua non of EU law application. The fourth part of the paper considers the possibility of emancipation of EU citizenship from the concept of Member State nationality regarding relevant TEU and TFEU provisions and CJEU case law. Finally, the paper concludes that CJEU has greatly encouraged the expansion of citizenship of the Union but has also limited this expansion by attaching it to national citizenship, which is in line with relevant TEU and TFEU provisions.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46801807","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}
This paper deals with the antinomies between constitutional principles by analysing balancing as one of the methods to solve the problem. More specifically, the author focuses on the balancing test in the context of proportionality and the question of the “weight” of the right. Firstly, the paper analyses the notions of constitutional principles and antinomies. Next, these notions are contextualised in the legal system of the Republic of Croatia using the example of the conflict between the protection of private and family life, dignity, reputation, and honour (Art. 35 of the Constitution of the Republic of Croatia), freedom of thought and expression (Art. 38 of the Constitution of the Republic of Croatia). By deploying the analysis of the practice of the Constitutional Court of the Republic of Croatia and the European Court of Human Rights in the mentioned conflict, the paper presents theoretical conclusions regarding balancing and the question of the “weight” of the rights. The paper has two goals: First, point out the problems present in the balancing test related to the idea of the “weight” of the rights; second, present proposals that may lead to a clearer understanding of the notions introduced.
{"title":"PROBLEM „TEŽINA“ SUKOBLJENIH USTAVNIH NAČELA U ANALIZI PROPORCIONALNOSTI (ODVAGIVANJU)","authors":"Marin Keršić","doi":"10.25234/pv/22523","DOIUrl":"https://doi.org/10.25234/pv/22523","url":null,"abstract":"This paper deals with the antinomies between constitutional principles by analysing balancing as one of the methods to solve the problem. More specifically, the author focuses on the balancing test in the context of proportionality and the question of the “weight” of the right. Firstly, the paper analyses the notions of constitutional principles and antinomies. Next, these notions are contextualised in the legal system of the Republic of Croatia using the example of the conflict between the protection of private and family life, dignity, reputation, and honour (Art. 35 of the Constitution of the Republic of Croatia), freedom of thought and expression (Art. 38 of the Constitution of the Republic of Croatia). By deploying the analysis of the practice of the Constitutional Court of the Republic of Croatia and the European Court of Human Rights in the mentioned conflict, the paper presents theoretical conclusions regarding balancing and the question of the “weight” of the rights. The paper has two goals: First, point out the problems present in the balancing test related to the idea of the “weight” of the rights; second, present proposals that may lead to a clearer understanding of the notions introduced.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69421173","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 relates to the concept of citizen in the Croatian and Yugoslav constitutional orders from 1944 until 1990. The paper deals with the analysis of the most important constitutional acts that affected citizens starting from those enacted by the Yugoslav and Croatian authorities at the end of the Second World War and its aftermath. In addition, the paper conducts an analysis into the federal and republican constitutional law of 1953, federal and republican constitution of 1963 and federal and republican constitution of 1974. The paper sets forth that the authorities shaped the concept of citizen in line with the socialistic principles while at the same time gradually abandoning individual approach towards citizens. In addition, it is pointed out that socialistic constitutions emphasized class terminology in their constitutional texts and interests of the community over the individual interests. Furthermore, the paper indicates that in the constitutional acts, specifically those enacted in the aftermath of the Second World War and in the acts of 1974, the authority emphasized ethnic equality as an important feature of the constitution.
{"title":"KONCEPT GRAĐANINA U HRVATSKOM I JUGOSLAVENSKOM USTAVNOM PORETKU OD 1944. DO 1990. GODINE","authors":"Ivan Kosnica","doi":"10.25234/pv/22509","DOIUrl":"https://doi.org/10.25234/pv/22509","url":null,"abstract":"The paper relates to the concept of citizen in the Croatian and Yugoslav constitutional orders from 1944 until 1990. The paper deals with the analysis of the most important constitutional acts that affected citizens starting from those enacted by the Yugoslav and Croatian authorities at the end of the Second World War and its aftermath. In addition, the paper conducts an analysis into the federal and republican constitutional law of 1953, federal and republican constitution of 1963 and federal and republican constitution of 1974. The paper sets forth that the authorities shaped the concept of citizen in line with the socialistic principles while at the same time gradually abandoning individual approach towards citizens. In addition, it is pointed out that socialistic constitutions emphasized class terminology in their constitutional texts and interests of the community over the individual interests. Furthermore, the paper indicates that in the constitutional acts, specifically those enacted in the aftermath of the Second World War and in the acts of 1974, the authority emphasized ethnic equality as an important feature of the constitution.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69421596","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 and responsibilities of local governments are defined by the central legislature, in accordance with the given country’s rules, traditions, institutions of constitutional and administrative law. To perform public duties they need financial resources, incomes and wealth. Above these, the right of disposition, financial and economic autonomy have to be provided, moreover, the possibility to receive suitable subsidies from central budget. The proportion and guarantees of the income are important too, as the autonomy of local governments depending from central subsidies may be injured. The question of primary importance is that where are the limits of the mentioned autonomy, protected by various constitutional provisions and international legal documents, how the legislature is able to control the law of taxation, to enter transactions that give rise to debts, or how to withdraw different resources from local governments. The central withdrawal and reallocation of resources may raise the issue of local government solidarity. As well as the extent to which the property and income of local governments can be limited. According to the practice of the various constitutional courts and the supreme courts (American, French, German and Hungarian judicature), the rights and authorities of local governments are not unlimited. Although, local governments have to get effective protection, but after all it is the state who determines the content and the framework of relevant legal regulations for local governments. Therefore, within the constitutional framework, the central legislature has a serious opportunity to intervene in protected autonomy by withdrawing or reallocating revenues, assets or subsidies. The research method of the study is primarily financial and administrative legal analysis and legal comparison: in addition to international, constitutional and legal (American, German, French, Hungarian) rules, the basic characteristics of local government financial autonomy are presented based on the principles worked out in various Supreme Court and Constitutional Court decisions elements, as well as the limitations that said autonomy must face as a result of the decisions of the central legislature. The subject of the research is the financial autonomy of local governments and its legal limitations, which point out that autonomy - unfortunately, cannot be unlimited. Local taxation, own revenues and subsidies can indeed provide adequate foundations for independent local government management, however, since local governments must adapt in the state’s central system of public administration and public finances, therefore, within the constitutional framework, the central legislation can make decisions that adversely affect their incomes, budgets and assets.
{"title":"CONFLICTS OF INTEREST BETWEEN LOCAL GOVERNMENTS AND CENTRAL LEGISLATION – HOW FINANCIALLY INDEPENDENT CAN LOCAL GOVERNMENTS BE","authors":"Zsolt Pfeffer","doi":"10.25234/pv/22916","DOIUrl":"https://doi.org/10.25234/pv/22916","url":null,"abstract":"Rights and responsibilities of local governments are defined by the central legislature, in accordance with the given country’s rules, traditions, institutions of constitutional and administrative law. To perform public duties they need financial resources, incomes and wealth. Above these, the right of disposition, financial and economic autonomy have to be provided, moreover, the possibility to receive suitable subsidies from central budget. The proportion and guarantees of the income are important too, as the autonomy of local governments depending from central subsidies may be injured. The question of primary importance is that where are the limits of the mentioned autonomy, protected by various constitutional provisions and international legal documents, how the legislature is able to control the law of taxation, to enter transactions that give rise to debts, or how to withdraw different resources from local governments. The central withdrawal and reallocation of resources may raise the issue of local government solidarity. As well as the extent to which the property and income of local governments can be limited. According to the practice of the various constitutional courts and the supreme courts (American, French, German and Hungarian judicature), the rights and authorities of local governments are not unlimited. Although, local governments have to get effective protection, but after all it is the state who determines the content and the framework of relevant legal regulations for local governments. Therefore, within the constitutional framework, the central legislature has a serious opportunity to intervene in protected autonomy by withdrawing or reallocating revenues, assets or subsidies. The research method of the study is primarily financial and administrative legal analysis and legal comparison: in addition to international, constitutional and legal (American, German, French, Hungarian) rules, the basic characteristics of local government financial autonomy are presented based on the principles worked out in various Supreme Court and Constitutional Court decisions elements, as well as the limitations that said autonomy must face as a result of the decisions of the central legislature. The subject of the research is the financial autonomy of local governments and its legal limitations, which point out that autonomy - unfortunately, cannot be unlimited. Local taxation, own revenues and subsidies can indeed provide adequate foundations for independent local government management, however, since local governments must adapt in the state’s central system of public administration and public finances, therefore, within the constitutional framework, the central legislation can make decisions that adversely affect their incomes, budgets and assets.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69422035","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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