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This chapter treats of the regulation of economic activity. The principle promotes the assurance of free business activity. However, some kinds of activity may only be undertaken under special regulations.The most restrictive legal regulation pertains to concessions, and others are: permissions,regulated activities, approvals, and licenses.
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This chapter presents the duties of the entrepreneur regarding employees and other persons performing work, focusing on recent labour law changes enforced in 2016 and 2017.The paper outlines the legal basis for employment on both labour law and civil law contracts,delimiting the freedom of the entrepreneur and showing the principles governing the social security coverage. It focuses mainly on the labour law employment relationship, presenting duties connected with the establishment of an employment contract, types of employment contracts, introducing internal regulations and preparing individual employee documentation. It also describes the employer’s obligations connected with employment relationship, especially the obligation to pay remuneration.The study analyzes briefly the termination of employment contracts, taking into account thetermination by mutual consent and the termination with or without notice.
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The Act on Freedom of Economic Activities sets forth the principles for undertaking, conducting and terminating economic activities within the territory of the Republic of Poland, including provisions concerning the controlling of businesses, which are regulated by Chapter V of this Act. The regulations apply terms and conditions which should be respected both by public administration authorities and controlled entrepreneurs. The provisions of the Act regulate binding standards and rules concerning crucial issues of the controlling procedure, including the time and place of the control, the principle of efficiency and proportionality of the control, a co-occurence of a few controls, the control time limits within one calendar year, administration authorities’ duties related to initiating a control with prior notice, official ID cards and authorization, the requirement of the presence of thecontrolled person or a person authorized, and formulating the control protocol. Controlling business activity also concerns controlling the entities’ rights and duties such as maintaining and keeping the control documentation, presenting the control book at the request of control authorities, the right to raising reservations to the control protocol, the entrepreneur’s right to indemnity for damage incurred by control actions violating the law regarding control of business activity, and the right to assume a separate means of legal protection, the so-called objection to undertaking and carrying out actions by all controlling entities.
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The Industrial Property Law regulates the issues of inventions, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits. The regulations concern the principles and formal grounds for granting the exclusive rights of protection on certain immaterial goods, in particular the content of the right, obstacles to granting protection, trading, the infringement of the right, and the termination of protection. The goal of this subject is to acquire elementary knowledge concerning the Industrial Property Law including the statutory prerequisites of granting the right, the subject of the right, types of protection and varieties of protection procedures (national procedures, regional and international systems). Industrial regulations also apply to the responsibilities and organization of the Patent Office of the Republic of Poland.
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The purpose of this paper is to present the capital market as a financing opportunity for business activity. Alternative ways of obtaining financing are presented based on the example of an entrepreneur who conducts business as a stock company or stock limited liability company, and consequently may acquire the status of a public company, successively becoming a listed company e.g., on the Warsaw Stock Exchange S.A. The text consists of two parts, where the first part characterizes the public company as a participant in the capital market, and the second part defines the nature and scope of the functioning of the capital market in Poland, pointing to possible spheres of participation of the entrepreneur in the market.
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EU funds are an opportunity for entrepreneurship, especially for micro, small and medium-sized entrepreneurs. With financial support from the EU, entrepreneurs have the opportunity to finance innovative solutions that provide opportunities not only for their development but also for the economic development of EU member states. Investing in education and improving qualifications can help reduce unemployment, and research and innovation funds create conditions for the development and competitiveness of entrepreneurs.
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Proces evropske integracije Bosne i Hercegovine u svojoj suštini je proces izgradnje bh institucija i osposobljavanje za provođenje vlastitih zadataka. U BiH postoji potpuni politički konsenzus da je članstvo u EU najveći mogući prioritet. Međutim, postoji li jasna vizija zajedničke budućnosti? Čini se kako je bh društvu jasno da je zajednička budućnost unutar evropskih integracija, ali nedostaje političke snage i odgovornosti za provođenje vizione strategije pozicioniranja BiH u EU. Put BiH ka EU je složen i trnovit proces, međutim, ako EU prepozna u BiH evropskog partnera, isti taj proces može biti puno lakši. Dosadašnje procese provedenih reformi označila je sporost. EU od BiH kao evropskog partnera traži stalan angažman, privrženost i odlučnost. Smisao evropskih integracija je u prevazilaženju podjele Evrope i doprinosu jedinstvu kontinenta u smislu demokratije, ljudskih prava i stabilnosti, kako političkoj tako i ekonomskoj. Proširena EU u ekonomskom smislu i jačanju konkurentnosti lakše odgovara izazovima globalizacije. Institucije Bosne i Hercegovine trebaju osnažiti kako bi se odredbe iz Sporazuma o stabilizaciji i pridruživanju što uspješnije provele, dogradnja ustava je prijeko potrebna za održivost države bez čega nema evropske perspektive Bosne i Hercegovine. Podrška pomoći koju BiH dobija od Evropske unije ide u pravcu ostvarenja ciljeva i provođenja potrebnih reformi.
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The aim of this paper is to analyse the development of the human rights protection policy in the European integration process. Starting with the premise of the lack of a consistent policy towards human rights in the beginnings of the development of the European Communities, the author analyzes the position of human rights in the various stages of the European integration process since the end of World War II. Human rights found their place relatively late in the Community legal order. From “negligence”policy towards human rights issues, noticeable in the early beginnings of the creation of European Communities, until acceptance of binding instruments for the protection of human rights passed half a century. The circle, however,is not yet closed.Well aware of the difficulty of the task at hand, and the numerous restrictions, the author chooses to highlight key moments resulting from the analysis of the rich literature on human rights protection in the process of European integration. Special attention is given to the idea of the EU`s accession to the Convention for the Protection of Human Rights and Fundamental Freedoms, which has been pressing for some time now, but the process, however, is not yet complete. The conditions for the accession to the Convention were met in 2009 with the entry into force of the Lisbon Treaty. However, although the formal legal obstacles are no longer present,it is obvious that further consultations are needed. We believe that the accession to the European Convention on Human Rights, is an important step in developing a unique system and a key factor of preservation of legal certainty and effective protection of human rights and freedoms in Europe.
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A proper consideration of evolution that extends from the European Community to the European Union is possible by applying contextual approach, specifically pointing out the political and economic environment that caused certain institutional arrangements and their legal contours.Therefore, in order to illustrate the past six decades of the European economic and political integration, it is useful to indicate conditions that influenced the dynamics of the project of voluntary structuring that will homogenize European countries.The twentieth century has compromised sovereign state as an exclusive modality of society coordination. Since the concept of sovereign states proved to be dysfunctional, due to its conservatism and particularism, the idea of mobilizing and synchronizing capacities within Europe emerged asan alternative. After 1945, the West European nation-states realized they had to deviate from the autistic power politics and transfer or more usually associate their sovereign powers in a collective enterprise. Peace was the the most explicit and evocative of ideals which were regarded as spiritus movens of the integrative process.The federalist approach undoubtedly determines European integration,and is considered as objective and strategy for its implementation at the same time. Yet, the major perspective from which the processes of European integration were studied was the normative and deterministic functional theory, until it was replaced by neofunctionalism, as the analytical and probabilistic theoretical paradigm. Finally, one of the contemporary models of European integration, intergovernmentalism, which has long been seenas the rival and alternative to neofunctionalism, presents a state-centric and rational approach to European integration. However, the very same prominent theories have failed to explain or predict the evolutionary pattern of the integrative efforts.
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Harmonization of law with the EU law demands and takes place in parallel with the change of the institutional basis of political, economic and social system, in regard to the functioning of the new role of state. The process of harmonization points out the importance of legal system in democratic political and market economy system which is expressed in the formal and substantial aspect. The progress in the process of harmonization is faster in the formal aspect because it is expressed in normative acts which on new principles regulate various areas of social life. Establishing the substantial base depends on the pace of changes and construction of new institutions of the system, which takes longer period of time. Harmonization of the law with the EU law means the construction of new legal system on the principles as the base for accepting and applying 35 chapters of Acquis communautaire – EU legal system. The main objective for the future EU members is reaching the required capacity for the implementation of laws, policies and procedures, in other words, accepting all wrights and obligations as the basis of functioning and progress of European union.
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In this paper we give a theoretical review and the development of the legal framework which regulates psychological harassment on the workplace (mobbing) in the Republic of Macedonia, as well as relevant EU regulation. We did a detailed analysis of the legal framework in the Republic of Macedonia which regulates the mechanism for protection and prevention of psychological harassment on the workplace. For the purposes of this paper we conducted an empirical study in the period of September 2009 till august 2013, and measured the level of legal implementation of the amendments to the Law on Employment Relations adopted in September 2009 which were supposed to improve legal protection and prevention of mobbing. We conclude the paper with a legal analysis of the latest novelties in this field,the adoption of the Law on Protection from Harassment on the Workplace adopted in May 2013.
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In order to stimulate economic trends, modern states have tried to conceive such tax systems which implementation could influence in the most possible extent so that prices of goods and services primarily depend not on some ”artificial extracts” such as taxes, but on the most favorable combination of the productive factors . Naturally, it could not be expected of all tax forms involved in the tax system of a state, but only of some leading income taxes. In that sense, the most important is the value added tax.Value added tax, as a foundation of tax systems of modern states, is the most important tax innovation of the twentieth century. The importance of this tax resulted from its legal and economic nature and existence in numerous modern countries all over Europe. In the context of exposed , it is necessary to point out that the European union membership is formally and legally impossible without adoption of this model of tax system -so called“EU model” of consumable type, indirect method of the calculation of tax liabilities and application of destination. Regarding above mentioned, the author discusses the development and harmonization of the legal regime of this tax implemented within the European Union with particular reference to the Republic of Serbia.
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The paper analyses the importance and the process of harmonization of labor law of the Republika Srpska as a part of the process of the harmonization of law in the region with the EU law. In this process a social dialogue between social partners as well as a development of industrial democracy are vital,as well as values supported by the European Union. The subject of social dialogue is wider than the issues of harmonization of labor law, and it entails many other issues from labor law, and other law branches, in conformity with trends of development of social dialogue in the EU states. The special importance is given to Rules for drafting laws and other regulations of the Republika Srpska in the part which relates to conformity of laws with legal system of the European Union as a necessary part of reasoning of the draft or proposal of law in the course of proceedings of law enactment.
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Bosnia and Herzegovina is, in many aspects, a specific and complex state.Specifically, it consists of two entities: the Republic of Srpska and the Federation of Bosnia and Herzegovina as well as of Brčko District, which by its legal nature, has the characteristics of a third entity of Bosnia and Herzegovina.Its Constitution is both, an act of international and national law and apart of the international peace agreement.It is essential to maintain and preserve the established constitutional status, territorial integrity and equality entity, which assumes the necessary consent, confidence and equality of the constituent peoples, citizens and others.Previously established objectives, content and scope of possible constitutional changes include the preservation of the Dayton arrangements and providing of full consensus between the two entities and three equal constituent peoples, as well as the participation of States Parties and the guarantors of the peace agreement, all with respect to the process and procedures of constitutional changes.The existing state and social organization is not an obstacle to its accession to the European Union and as such, based on the Dayton arrangements, in accordance with the principle of pactasundservanda, must be preserved.European integration, democratic development and reform process imply that, in addition to issues concerning the transfer of competences to the European Union institutions and defining the relationship between the national and communitarian law, constitutional changes may include aconstitutional matter, which will regulate the relationship between different levels of government in regarding the European affairs and provide appropriate representation between the two entities and the protection of their interests and the interests of the three constituent peoples.Thus, the aim of this paper is primarily to contribute to answering the question about the need for constitutional reforms in the context of transition and European integration and to identify the appropriate time, nature and extent of these changes.
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The modern-day European Union has been taking incrementalistic approach in its development for the past 60 years starting from classical international organisation through to present-day mixture of elements inherent to international organisation, confederation, federal state and some sort of supranational organisation. The mixture of such elements and the authority of the European Union have resulted in the increase in importance of democratic establishment of authorities of EU, its bodies and its democratic legitimacy. The consent national elites reached on the necessity of European Union, its organisation and decisions have become insufficient to justify EU’s existence and decisions which deeply affect its citizens/citizens of member states.This paper presents a modest attempt to evaluate and compare proportion of democratic and bureaucratic principles in EU institutions, as well as to work out the ratio of democratic over bureaucratic elements and instruments in organisation and performance of EU bodies. Due to limited space we were forced to constrain our study to general estimates, excluding analyses and assessments of details with regard to democratic and bureaucratic instruments and elements.This paper puts forward a view that the democratic deficit and excessive bureaucracy is a consequence of the ambivalent nature of the European Union – as such different from nation state and that, despite decades of incrementalistic empowerment of democratic components in Union’s institutional structure, it is still overpowered by bureaucratic element epitomized in national bureaucracy and eurocracy.
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The author in this work points out the necessity of institutional reforms within the great European family, which became the largest regional organization in the world. The creation of the European Union was due to the development of constitutionality after the Second World War, relations between the political forces, as well as tensions between the two largest pact of that period – Warsaw and the North Atlantic. The development of the world’s constitutionality and modern tendencies are caused drafting the Constitution of the European Union, whose adoption is not completed successfully, so that a solution is found in the Treaty of Lisbon, which is a replacement for this Constitution. This contract is very important for today’s EU institutional image and overcoming so-called „Institutional crisis“, which occurred after an unsuccessful referendum for accepting the European Constitution.Reached agreement and acceptance of Lisbon (Reform) treaty was very important for the introduction of significant innovations in the institutional system of the Union, and in particular for the creation and realization of the rights of all its citizens. The author specifically indicates that the system is extremely complex, complicated, slow, expensive, and very difficult to understand.
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Human rights and fundamental freedoms have historically been disputed;prevailing ideological and political forms, states have questioned the human rights of both individual and group or collective (nations and races) - Europe is no exception. Newer understanding of human rights and fundamental freedoms are related to a number of documents both political and legal.Primarily these are: international agreements, political treaties, international custom, general principles of law, which are recognized by civilized nations,comparative law, democratic principles - good practice, good governance,decisions of international organizations and unilateral acts država. Author in the work specifically dealing with questions of correlation between political and legal documents, documents of the European Union and countries of the region, as well as the systems of protection of these rights both in the EU and in the countries of the region. This paper analyzes the mechanisms to protect human rights and freedoms as in the Union and in the countries of the region.
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The paper analyses the question of public participation in the procedures of harmonization of national legislation of the Republic of Serbia (RS) with the European Union’s (EU). In the first part the importance of public and civil society organizations’ participation is presented. Afterwards general rules and procedures of RS that define the legislative procedure and contain reference to the public access and participation during the preparation and adoption of the regulation or strategic documents are analyzed. In the second part, the norms that regulate the legislative procedures regarding harmonization of the national legislation with the EU legislation are discussed.More specifically, we consider the right and obligations of the law maker with regard the public participation in the legislative process. The basic presumption is that the public participation in the process of harmonization of national legislation with the EU’s is not regulated in a manner that would secure full and regular participation of all relevant stakeholders. It is estimated that non-critical transposition of the EU legal norms into the legal system of the EU, as well as lack of quality public participation in this process, may have certain negative effects regarding the efficiency of harmonization and law implementation. This is especially true where complex regulation is in question that introduces new institutes and elements of the category apparatus that the existing legal system does not know. Therefore the authors propose changes and amendments in the existing procedures that regulate preparing and adoption of law and policies.
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Traditional theories, as normative, sociological and psychological,explain the nature and essence of Law by way is not wrong, so the way these theories explain the Law is correct, but only in part by they explain the Law.That’s mean these theories are particular and not comprehensive.By Psychological theory of Law Petrazicky, imperative – attributive emotions makes the Law. According to George Gurvitch's Sociological theory,the normative fact is every manifestation of social reality and according to Kelzen's normative theory the Law is content only of orders of state.We think, all of this theories, represent some reduction of Law. The Law is impossible to reduce on way this theories explain it especial. The Law is possible to receive only on way of wholeness. That’s mean, the Law is contented not from facts this theories especial find as Law, then in facts of all this theories.
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Joining the European Union membership for each candidate state carries many obligations. One of the obligations is the law harmonization which encompasses not only the harmonization of laws, but also harmonization of the constitution as the highest legal act in a country. The paper analyzes the constitutional provisions that had been changed in the candidate countries before they have joined the European Union, to be in the foreseeable future approached the same or similar changes in the constitutional and legal order of Bosnia and Herzegovina. Considering the shared history that Bosnia and Herzegovina had shared with the Republic of Croatia and the fact that it is a member of the European Union, it seems appropriate that an analysis of Croatian constitutional provisions carried out to identify the most important changes of the Constitution that are related to membership in the European Union. In addition, it was also performed a comparative analysis of the provisions of the Croatian Constitution and the relevant principles and provisions of European Union Law in order to determine their compliance with the explanation of the basic principles and institutions of the EU Law.The paper discusses the following areas: legal basis for membership,the legal basis for the transfer of authority, participation in the institutions of the European Union, the relationship with the legal order of the European Union and the right to citizenship of the European Union. In preparation of this paper was used normative method, dogmatic method, method of analysis and synthesis, deduction and induction, comparative method and the method of compilation. Research shows us that it was necessary to make adjustment of the Croatian Constitution in the process of joining the European Union in a way that certain provisions were interpreted in the light of the new era (the legal basis for membership), and that, on the other hand, certain provisions should be amended.
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