Transitions Online_Around the Bloc-I, Estonian Robot
The wired-up Baltic republic recently gave the green light to driverless vehicles, which could soon acquire legal identities.
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The wired-up Baltic republic recently gave the green light to driverless vehicles, which could soon acquire legal identities.
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Политичке и пивредне уније често постају и грађанско правне заједнице. То не представља обавезан развој ситуације, али је и чест случај, као што се то може видети на примеру Француксе...
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On February 1, 2016, the Act on the Tax on Certain Financial Institutions came into force in Poland. One of the structural elements of this tribute is a tax deduction, based on the possibility to deduce the value of treasury securities in the portfolio of assets of selected groups of taxpayers from the tax base. In this respect, the new public tribute provides the State Treasury with privileged access to financial institutions. This solution should be considered contrary to art. 124 of the Treaty on the Functioning of the European Union.
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The Public Finance Act of 2009 contains concise but comprehensive regulations concerning the implementation of the budget of European funds. The provisions have practical nature. They define and describe various institutions related to the implementation of the budget of European funds and procedures related to their implementation. Examples include: expenses, payments, payment handling, payment orders, receipt and settlement of advances, commitment rules, supervision, control, implementation of programs and projects financed with the participation of European funds, requests for funds or instructions.The act also specifies the rights and obligations of individual entities implementing, participating or benefiting from European funds. It also defines, what is important, the system of competence of individual central government bodies in regard to defining the rules of applying for, granting, implementing and clearing the European funds as well as supervising all these procedures.
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The article is an attempt to summarize the EU’s activities regarding the maritime safety policy, which has been a domain of public international law since the beginning of the 20th century and which has been undergoing modification in European Union law for several years. The analysis of possible regulatory trends in EU law in this regard is based on one of the recent judgments of the Court of Justice in Case C-537/11 MSC Orchestra. This ruling has consequences not only for Member States and vessels flying their flag but also for ships having the nationality of non-member countries.
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The functions of notarization of transactions with land plots in the European legal systems and the problems hampering implementation of these functions in Russia have been considered with the help of the comparative legal method. The issues of law enforcement in Russia and foreign countries, which may be resolved by the proper form of agreements for the transfer of ownership to land plots, have been analyzed. A number of conclusions that prove the need for obligatory notarization of land plot acceptance acts, with account of the requirements of Art. 302 (1) of the Civil Code of the Russian Federation in particular, have been made. The main aim of this paper is to prove the need for such new rule on notarization. The paper discusses several scientifically relevant conclusions. Firstly, it has been suggested to extend the statutory duties of the notary (including the obligation to make protocols, in which all concerns of the notary and parties on the transaction validity would be reflected). Secondly, it has been emphasized that the notary must have an archive of all documents on the transaction, which may be used as evidence in the future. Thirdly, it has been noted that the “simple” non-notarized written form of transactions with land plots under the current Russian law does not restrict their conclusion by the absent parties, which contradicts both the classical legal ideas and the practical needs of the turnover, thereby being another reason for implementing the notarized written form of land plot acceptance acts. The obtained results have significant importance for improvement of the activity of Russian notaries and display the risks that the parties bear in the absence of the requirement for the notarized form.
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The European Union, as the international organization advocates the idea of openness for joining the new countries in its membership, but in accordance with strictly defined conditions. The future of the European Union will be the issue of political will and the test for one generation. Joining NATO, Montenegro will get political, safety and economical frame for its succemful development on the way to the Europeam Union. The European commission states that the justice, corruption fight against the organited crime, human rights and freedomy are the essential fields for Western Balkan countries. Since it has became independent, Montenegro undertook the series of acts that guaranter soon membership in the European Union and NATO. Eventually these are Montenegro s primary goals.
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The author is concerned with analyzing the role of Frontex in achieving security of the European Union. In fact, considering that every year, about 700 million people crossing EU external borders, one of the biggest challenges is to detect illegal activities. For this reason, in 2004, established under the Higher (EC) 2007/20004, Frontex, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. It is an agency of the European Union to assist Member States in training of national border guards, including the establishment of common training standards. As between the Schengen countries there are no permanent border control, they become particularly significant. For this reason, Frontex conducts risk analysis, monitor research relevant for the control and surveillance of external borders. Assists Member States in circumstances requiring increased technical and operational assistance at external borders and provides support to member states in the organization of joint operations. As Frontex does not have its own equipment or border guards during joint operations coordination relies on EU countries to provide border guards, boats, airplanes and other necessary resources. In all its areas of operation - operations, risk analysis, training, research and development, Frontex, acting as coordinator of the establishment of specialized networks between border authorities. Frontex has become a central point of contact, which sets the standard for all European border guards, because among other things, the fight against cross-border crime is only possible if the information is of particular interest are available to all border authorities.
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The article present the legislative obligations issued form the EU directives in the copyright maters.
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The European Union has its own legal existence. Art. 47 of Treaty on the European Union refers to it when it states that the Union has legal personality. What characterizes this personality and the difference of that of the States is it will be restricted to the objectives and functions bestowed on it by its Member States, as they appear in or can be deduced from its founding Treaties and have been developed in practice and legally interpreted by the Court of Justice of the European Union. This paper examines precisely the scope of this personality and to what extent the Lisbon Treaty has come to add elements of international visibility to the EU. To do this, in the first part of it we study the process leading to the explicit recognition of this personality and, in its second part, it addresses how and in what material and spatial areas the international legal personality of the European Union has deployed.
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The safety of maritime external borders of its Member States represents a major concern for the European Union. The problem of management of external maritime borders of the Union has been embodied relatively recently into the European agenda. But, despite this, it has been experiencing significant diversification, determined primarily by the need for a greater and effective surveillance of maritime external borders to, thus, prevent the unauthorized entry of persons from the sea in the European Union, fight cross-border crime or take other measures against them. This issue gets a new perspective from the accession of Romania and Bulgaria to the European Union in January 2007, because nowadays this International Organization has a part of its Eastern border in the Black Sea. In the heart of the mechanism created by the European Union for the surveillance of external borders is the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX). And precisely on the basis of the experience acquired by this Agency since its setting-up – in 2005 – the European Union has published the April 26, 2010 a Decision by which seeks to ensure, as we’ll discuss in the first part of this paper, the uniform application by all Member States participating in the operations coordinated by FRONTEX of international standards governing the operations of maritime border surveillance. And, as we’ll analyze in the second part of this work, this European Union’s binding act also wants to create a common modus operandi for all the Member States participating in the operations of maritime border surveillance coordinated by this European Agency on, among others, the interception of a ship, and guidelines for search and rescue situations and for landing in the context of these operations coordinated by FRONTEX.
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On 1 December 2009, the Treaty of Lisbon entered into force, thus ending several years of negotiation about institutional issues. The Treaty of Lisbon amends the current EU and EC treaties, without replacing them. It provides the Union with the legal framework and tools necessary to meet future challenges and to respond to citizens' demands. It makes the EU more democratic, efficient and transparent. It gives citizens and parliaments a bigger input into what goes on at a European level, and gives Europe a clearer, stronger voice in the world, all the while protecting national interests.
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Non-appearance of a party to a case often happens in both national adjudication and the jurisprudence before International Court of Justice (ICJ). However, non-appearance of a party is not a justification for ICJ to refuse to decide the case, which would be a denial of justice.
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European Union is on crossroad. According to the “White book” of the European Commision there are five scenarios in the game which can be un¬derlined by the need for reforms in the circle of those EU countries that are capable and willing to do deeper integration. Those scenarios implies both “the EU with two speeds” – that is consist of “core of the EU” and their “pe¬riphery”. On the opposite side, however, are the plans of the “Visegrad Group” countries that are advocating the return of the sovereignty to the EU members and lowering the importance of the European decision-making levels, which simultaneously means the acquittal of the EU and the starting of the dissolu-tion. Crude geopolitical games in the world and contradictory internal devel¬opment of the EU also have economic, financial and political aspects as well as value dimensions. Thus, in this new “Cold War” or “post-truth era” of the “fake news”, many of the members of the EU were thinking that EU is not worth of further engagement. That was especially on the mind of the “new” EU countries although they have made huge profits by being a member of the Union. Unfortunately, in the “Western Balkans” countries it had seemed that the alternatives to the future out of the EU is possible in close connection with some other important players on the “big chess board” so, they started to demonstrate repulsiveness against transnational networks in the EU and other kind of diseases such as unfulfilled sovereignty, just like the countries of the “Visegrad Groups” are doing. In this public lecture, the contradictions in the world and within the EU are being deconstructed after which follows the logic which has taken the lead in the so-called the EU’s birthday summit in Rome on March 25, 2017 in an unanimously adopted document called the “Rome Declaration”, which stated that the existing acquis is binding for all but that it is important to seek inclu¬sive reforms that would include and those EU members in the “coalition of the willing” that are leaving the opportunity to join other members to the Union when they are ready for such thing. In these outlines, filled with uncertainties and threats, more thoughtful reform projects are expected, which are expected to be proposed in the form of the “two-speed EU” model, which Juncker, Ma¬cron and Merkel are de facto pledging for as well as explicit and respectable academics like Habermas and others. In this context, public lecture includes and important impulses such as the Manifesto of the Movement for Democra¬tization of Europe (DIEM25) and the European “Political Utopia” presented in the book by Ulrike Beate Guérot “Why Europe must become the Republic”. Certain answers are still to be expected…
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Taking into consideration the legal controversies present in the jurisprudence and in the legal literatureregarding the belonging of the over-the-top services (OTT) in the category of electronic communications services,an analysis is required in relation to the Romanian legislation. The present article tries to identify the problematicissues regarding the qualification of a service provided on the Internet as an electronic communication service and theconsequences that such a qualification can have on the applicability of different institutions from the Criminal Codeof procedure.
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EU regional policy is among the most important common EU policies. The aims of EU cohesion policy for the period 2014-2020 are set out in the Europe 2020 Strategy, and they concern smart, sustainable and inclusive growth. Of special importance to Serbia are EU regional policy financial instruments, in particular, the European Regional Development Fund which, inter alia, also finances cross-border cooperation projects. The Law on Regional Development stipulates that regional development shall, besides other sources, be financed from EU pre-accession funds, in the context of which the Instrument for Pre-Accession Assistance – IPA was very significant for Serbia and the Autonomous Province of Vojvodina in the period 2007-2013, while pre-accession support of IPA II Programme is expected for the period 2014-2020. Finally, the current direction of EU cohesion policy, expressed in the Europe 2020 Strategy, highlights the importance of this program for the candidate member states, as well as for the neighbouring countries, indicating that the expansion of the area of implementation of EU rules will create new opportunities, both for the European Union, and for its neighbours.
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Waste disposal is a global challenge, particularly in the context of environmental pollution prevention and human health protection. That is the reason why the European Union has been adopting and applying a series of documents pertinent to this issue. The most relevant are: Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on Waste and Council Directive 1999/31/EC of 26 April 1999 on the Landfill of Waste. However, the reports of the European Commission and the practice of the Court of Justice of the European Union confirm that there are numerous disparities between the Member States regarding the implementation of standards of waste management in general and in particular, waste disposal. The Republic of Serbia has to make substantial improvements in the area of waste disposal, especially in the context of the upcoming opening of the Negotiation Chapter 27, dedicated to the environment and climate change. Therefore, the authors analyse legal sources of the European Union related to waste disposal, reports on their application and relevant practice of the Court of Justice of the European Union as potential directions and guidelines.
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The matter of accidents at work and occupational diseases, as the subject of insurance protection, falls within the aims of various EU rules. This is part of a more general interest of the European Union’s legislator and judges for safety and health in the workplace. In this regard, the present paper aims at analyzing the capacity for the implementation and development of an occupational safety and health management approach in the European Union. The analysis is conducted through the examination of the European legal framework governing the matter, as well as the most recent and relevant case law of the Court of Justice of the European Union on insurance and compensation of damages for accidents at work and occupational diseases. From this research an effort emerges, at the European level, to ensure safety and health standards. However, such efforts are inadequate with respect to a constantly changing labour market, characterized by less and less stable employment relationships, new working patterns and an ageing workforce. Nor are all the people concerned by those changes adequately covered by the existing health, safety and insurance legislation, as well as the increasing number of temporary workers and workers with atypical contracts.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes:1. Problems of minors in the European countries 2. Minors in Polish criminal justice system 3. Minors’ responsibility in Slovakian criminal justice system 4. Czech criminal justice system in relation to a minor
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