Keywords: Komunitárne právo; pramene práva; sekundárne právo
This contribution dealt with secondary sources of comunity law under Treaty establishing European communities. Their specific nature and influence on national law is shown through characterising some several sources of secondary law.
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Keywords: European Union law; international law; monist theory; dualist theory; coordination theory
The paper analyses the relevant issue of the relationship of international law and European Union law. Therefore, independent systems of law exist, which inevitably arise the issue of relationship and interaction of these systems. Legal literature analyses the question of the relationship of these two systems of law on the basis of various aspects. The author has chosen the following structure of the paper: first, the general problem of the relationship of international and European Union law is discussed. While describing the problem, the nature of the European Union and international law, as well as the distinguishing features of these systems of law, is analysed. The paper also provides a discussion about the decisions of the Strasbourg court and the Court of Justice of the European Union, which provide the basis of solving the problem of the relationship of these systems of law. In the second part of this paper, the main theories are analysed: the monistic, dualistic and coordination theories, which can be used to answer the issue of interaction of the two systems of law – international law and European Union law.
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Keywords: tax; internal market; tax competition
Tax harmonisation refers to the coordination of the taxation systems of European Union member states for the purpose of preventing any national tax measures that could have a negative effect on the functioning of the common market – that is to say, on the free movement of goods, services and capital, and that could distort competition. The European Union has adopted a number of separate directives concerning the harmonisation of taxes, and a certain minimum of tax harmonisation has been achieved. The last enlargement of the EU additionally deepened tax differences in the Union. Thus, in spite of the introduction of a common market and economic and monetary union, there is still no genuinely common tax policy in the EU. That is why probably it will be very difficult to implement the European concept of tax.
More...On one hand, fundamental rights play an important role in contract law as a source of values that must be met. The other hand, the contract is indispensable for fundamental rights as it provides the tools to transform the system of values. It is necessary to be a need for dialogue between human rights and contract law. The concept of dialogue in this context means that the two branches of law must respect the sovereignty of each other and cooperate with each other in terms of equity. This leads to the time the contract law would preserve key role in integrating the values underlying the fundamental rights. In contract law, fundamental rights influence occurs mainly in contracts with the counterparty. Fundamental rights such as freedom of contract and human dignity can be considered a non-binding agreement for the weaker party.
More...Keywords: abuse of dominant position in the European Union law; sanctioning the abuse of dominant position; market transparency; common strategy; competitors, clients;
In this study, the authors present the issue of the abuse of dominant position in the European competition law – a distortion of the competition process, sanctioned by the European Union law. The structure and the content of the study reveal the comments on the regulation of the abuse of a dominant position in the European Union law, on the need for sanctioning the abuse of a dominant position, on holding an individual or collective dominant position on the domestic market or on a significant share of this market, taking into account, for the purpose of the above-mentioned, the doctrine developed by certain famous names in the matter of domestic and international law (L. Senden, D. Hildebrand, A. Ezrachi, G. Niels, H. Jenkins, J. Kavanagh, S. Deleanu M. Holmes, P. Craig. G. de Burca, G. Monti, J. Tilloston, L. Lazăr, M. Motta, D. Chalmers, G. Davies, B. Jones, Gy. Fábián, C.F. Costaş, B. Ioniţ_, V. Korah, O.H. Maican). Finally, the authors put forward brief considerations regarding those three elements needed for the existence of the collective dominant position (market transparency; dissuasive elements in relation to the non-observance of the common strategy and the provision of the competitors and clients’ reaction).
More...Keywords: European Union; Criminal European Law; Criminal Law
Abstract : The aim of this research is a complex approach at the doctrinal and legislative level in order to create the science of EU criminal law. The guarantee of a good functioning of the internal market and of a good observance of human rights doesn’t lack the national criminal legal frameworks of EU member states of the influence of European Union rules. The evolution of criminal policy in the EU institutional and legal frameworks established two concepts of criminal regulation of the European area: the European criminal law which is elaborated at the EU level, and the European criminal law which is applicable on the base of European territorial principle. Thus, the EU criminal regulations can be directly executed by the EU institutions and the EU legislation can influence the criminal systems of the EU member States.
More...Keywords: European law; national law; terminology; translation; culture-bound legal terms
We study the translation of European law in contrast with general legal translation. We compare European law and the national legal systems and we identify the challenges faced by translators and the translation methods they use when dealing with European law. We give the term "acquis" as an example and we conclude that the methods most frequently used to translate European law are the calque, the borrowing and the creation of new terms. Even if European law does not usually include culture-bound terms, the translator must have a cultural competence, as European law comes into contact with the national legal systems. The translation of European law is no less difficult than general legal translation, because the translator must observe a standardized terminology.
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Keywords: EU administrative law; Delegation of powers; Principle of attribution of powers; Delegated acts; Implementing acts; Discretion
This article examines the concept of delegation in EU administrative law. It distinguishes between the constitutional principle of attribution of powers and the administrative institute of delegation of powers. The analysis focuses on the legal grounds for delegation of powers in EU administrative law and explains the concept of sub-delegation. The case law of the Court is represented to provide an account of the most significant issues concerning delegation in EU administrative law.
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Keywords: competition policy; competition law; European Union; competition mechanism; economic efficiency
Competition policy is one of the most important policies of the European Union, which is considered by some to be a constitutional principle. Since the founding of the first Communities, the competition law (based on American and German models) has not changed. What has changed is its numbering, its secondary law, its axiology, its philosophy and objectives. Hence a question what objectives should the completion law realize: whether competition law should protect the very mechanism of competition, competition as such, or whether it should aim at some other goals such as economic efficiency? Economic efficiency is one of the objectives of the EU competition law, but it is not the only and not the most important one. However, when it comes to collision, economic efficiency often gives way to other goals, in particular the protection of the common market.
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Keywords: public policy strategy; national security; organized crime;
The integration into Euro-Atlantic structures, gave to Romania an increasing responsibility on the prevention and combating of the criminal phenomenon, in designing and implementing the public policy strategyThe harmonization of the internal legislative package and the alignment with the European regulations it is a sine qua non of the conjugated struggle in preventing and fighting against organized crime, but most importantly, it is the essential intuitive element in anticipation of the methods used by criminal groups to circumvent the law.
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Keywords: privacy policy; European Union law; privacy protection; Data Protection Directive; Automatic Processing of Personal Data; security principles;
AbstractThe article discusses the privacy protection principles in the EU law. These principles are characterized by their greater generality and social importance. The protection of privacy has its human-rights dimension. In the EU law the principles are defined by the Data Protection Directive. This document draws on other sources: Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data and UN Guidelines Concerning Computerized Personal Data Files. Other legal acts are inspired by the DPD. The principle of fair and lawful processing lays down some requirements for valid consent of data subjects. Impacts of the principle of minimality are strengthened by the recent ECJ case law which recognizes the relatively broad scope of the concept of personal data. The purpose specification principle means that the purpose of processing personal data has to be legitimate and its changes are subject to special requirements. The disclosure limitation principle describes the fundamental defensive function of the set of norms for personal data protection. The data quality principle means that processed data should correspond with reality. But this is conditional on the willingness of data subjects. The security principle is fully respected only in theory. If a data controller has good will, implementation of the principle of data subject participation and control is facilitated by new information technologies. The accountability principle is characterized by the difference between the broadly defined competences of data protection authorities and the application practices which cause that these rules are considered “soft law”. Finally, it is noted that the principles mentioned should be proportionally applied in the global context and this could be a task for the WTO.
More...Keywords: European Union; Lisbone Treaty; legal personality; international organization;
European Union, de jure, came with the entry into force by means of the Treaty on European Union in 1993 , as shown in art. A par. (1) of this Treaty: „(...) The High Contracting Parties establish among themselves a European Union, hereinafter the Union”. According to para. (3 of the same article, „the Union is based on the European Communities and the policies and forms of cooperation provided for in this Treaty", i.e. foreign and security policy and cooperation on justice and home affairs. But what are the European Communities? What is the connection between these Communities and the European Union? What is the relationship between the achievement of the European Union, the legal personality and the quality of subject of international law? To answer these questions we begin our approach to identifying the definition that classical international law gives the term „international organization”, and then we analize some aspects of the legal personality of the European Union.
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Keywords: the best interests of the child; the definition of the child in European Union law; Article 24 of the Charter of Fundamental Rights of the European Union;
The best interests of the child in European Union law, although enshrined through numerous instruments of primary, secondary or soft law, is a variable concept, still being shaped. The difficulty of interpreting and applying the best interests of the child is based on the lack of a uniform definition of the child, as well as the many areas of the European Union in which it intervenes. However, the reference to the interpretation of the best interests of the child in the light of the United Nations Convention on the Rights of the Child, together with the material and procedural criteria set out at the level of the instruments of the European Union, facilitates its application of this principle. The Court of Justice of the European Union has also helped to delineate this cross-cutting principle.
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Keywords: administrative judiciary in Germany; functions of the administrative judiciary; access to the administrative court; judicial powers of administrative courts;
This study is devoted to analysing the structural decisions related to the administrative jurisdiction in Germany in comparison with other European countries. It focuses, in particular, on the institutional structure of the administrative jurisdiction and the functions associated with it to it. Different understanding of the scope of the administrative jurisdiction pre-determine how individual regulations of administrative procedural law are designed, for example, regulations concerning access to courts and the judicial powers of the administrative courts. Therefore, the article aims to demonstrate – from a comparative legal perspective – the processes of mutual interaction, namely how the structural decisions made about the administrative jurisdiction have been received, and to highlight the different developmental trends characteristic of individual countries.
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Keywords: European communities; The European communities law; European Court in Luxembourg
This is an elaboration of the organisation, functionning, creation, notion and legal nature of the law of European communities. Expression "European law" is not adequate, since it should refer only to some of European countries, or exist only as a geo-juridical and not legal term. Further reviewed are the subjects creating this law and the scope of going into social relations to be regulated by it. These sources are divided into various levels and into primary and derivative ones. The relationship between the European communities law and national laws is also treated, with the conclusion that the former has priority over the latter, which is both the stanдрoint of the theory and the legal practice of member-states. However, there is still a controversy over this relationship and the object of regulation of Eropean law, which is complicated also by conflict of laws over priority and over the issue of significance. There exists the European Court in Luxemburg and its jurisdiction and procedure are prescribed by European law. This Court is important in eliminating conflict situations regarding the above controversy - which is elaborated in the present article, too. The role of the Court is also important in deciding on issues concerning the interpretation of treaties on establishing European communities, and on interpreting the decisions of the bodies and agencies of European communities. The conflict of laws which may be processed by every national court creates a duty of such court to refer the case to the European Court in order to have preliminary' decision. That procedure initiates a series of issues which are the topic of the final part of the article, since the Court has a significant role in developing the European communities law.
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Keywords: the right to clean air;European Union;Republic of Serbia;environment
Today, the right to clean air is considered one of the fundamental human rights at the global level. Air is necessary for the maintenance of life, and poor air quality can cause various diseases and impair health. Air pollution is one of the biggest problems and challenges when it comes to environmental protection. The main goal of this paper is to determine how the right to clean air is regulated in the EU regulations. The paper analyses the questions of whether EU citizens have an individual right to clean air, whether this right is regulated at the EU level, and what the practice of the EU Court of Justice and the European Court of Human Rights in Strasbourg is on this issue. It is analysed whether and to what extent the right to compensation for damage due to violations of air quality regulations within the EU is provided. The paper also discusses the successes and challenges of the Republic of Serbia in terms of ensuring the right to clean air and the challenges of transposing EU regulations into the internal legal order. The paper concludes that the right to clean air, as one of the fundamental human rights, is not explicitly guaranteed by EU normative acts, but that right is still recognised, and to some extent, accepted in court practice, which through each new case elaborates its scope and content.
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Keywords: antitrust law; Chinese law; Chinese antitrust law; European Union antitrust law; Qihoo 360 v. Tencent QQ; comparative law analysis
The aim of the article is to compare Chinese and European Union antitrust law systems, including an analysis of their main differences. The analysis focuses on the example of the Qihoo 360 v. Tencent QQ case, which was judged by the Supreme People’s Court is one of the most recognized antitrust cases in China. The analysis is based on Chinese and EU acts of generally applicable law in the field of antitrust law, and the judgment of the Supreme People’s Court in the case of Qihoo 360 v. Tencent QQ. The presented analysis leads to the conclusion that both legal systems are in general similar, however their application may be differentiated by the scope of discretion granted to the competition authorities, and by the aims of the antitrust law.
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Keywords: the representation; the theoretical explanations of the representation; the representation in the law of the European Union; the representation in the European continental law; the agency in the Angl
Owing to its abstraction, the institute of representation appeared in the legislation and in the law theory in its present form rather late. There are essential differences between the regulation of this institute in the European continental law and in the Anglo-Saxon law and they come from the fact that this term developed from different theories in these areas. The biggest impact on its form in European continental law had the theory of German theorist Paul Laband, whereas this term developed from the identity theory in the Anglo-Saxon law. There is a fairly uniform regulation of this institute in continental Europe, but it is still quite different from the rules in common law. As regards the law of the European Union, EU authorities harmonized regulation of this issue. The representation is regulated by the Principles of European Contract Law in which there was made a compromise between the rules in these two legal areas. This paper comprises some theoretical explanations of this institute, with special reference to the two leading theories, as well as the rules relating to this issue in the law of the European Union.
More...Keywords: free movement of capital; investments in real estate; European Union law
The Treaty establishing the European Community enshrines the free movement of capital as a fundamental freedom. It is intended to remove all restrictions on the movement of capital so that European citizens may take full advantage of the single market. The free movement of capital in EU covers much more than payments and transfers of money over the borders. It covers transfers of ownership of assets and liabilities and also the investments in companies and real estate. With the successive accession of new Member States to the EU, transitional periods and some exception were negotiated for the free movement of capital. These concern to a limited extant, the purchase of property in the new Member States that has joined the Union until 2004 (Cyprus, Estonia, Hungary, Latvia, Lithuania, Poland, the Czech Republic, Slovakia, Slovenia, Malta Bulgaria and Romania), but is also true of Denmark and Finland.
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