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CONSUMER PROTECTION FROM UNFAIR BUSINESS PRACTICES

ZAŠTITA POTROŠAČA OD NEPOŠTENE POSLOVNE PRAKSE

Author(s): Dženana Radončić / Language(s): Bosnian / Issue: 14/2014

Keywords: unfair commercial practice; information; general clause; misleading and agressive practice; black list; advertising.

One of the basic problems of modern consumerism is the lack of a truly informed and conscious consent of the will in consumer contracts, which commonly occurs because of unfair business practices that traders apply not only while advertising and marketing their products, but also during and after the purchase of products or services. Although the Directive on unfair business practices is not implemented in the Consumer Protection Act in B&H, the need for changing this legislative piece becomes evident after analyzing the existing defective mechanisms for examining the unfairness of business practices. Legislators are opting for different mechanisms for consumers, but no matter which path they chose, ultimately the goal is to reduce influence and effects of unfair business practices and to achieve rational consumer behavior. This paper presents an analysis of the legal framework for consumer protection against unfair practices under EU law and the law of Bosnia and Herzegovina, with the aim of emphasizing the basic mechanisms of testing unfairness and sanctioning unfair business practices. Based on the presented analysis, the conclusion is that the amendments to the Consumer Protection Act in B&H and ensuring adequate implementation in practice is uncompromising obligation that B&H must meet in process of EU integration.

Citizenship and Sovereignty in the Post-Westphalian European State

Građanskost i suverenitet u postvestfalskoj evropskoj državi

Author(s): Andrew Linklater / Language(s): Serbian / Issue: 1-4/2003

Keywords: Citizenship; Sovereignty; European State

About the rise of the modern state.

THE ACADEMIC MANIFESTO: From an Occupied to a Public University

AKADEMSKI MANIFEST: od okupiranog do javnog univerziteta

Author(s): Hans Radder,Willem Halffman / Language(s): / Issue: 1/2015

Keywords: Academic politics; Management; The Netherlands; Public university; Academic labour conditions; Political action

Universities are occupied by management, a regime obsessed with ‘accountability' through measurement, increased competition, efficiency, ‘excellence', and misconceived economic salvation. Given the occupation’s absurd side-effects, we ask ourselves how management has succeeded in taking over our precious universities. An alternative vision for the academic future consists of a public university, more akin to a socially engaged knowledge commons than to a corporation. We suggest some provocative measures to bring about such a university. However, as management seems impervious to cogent arguments, such changes can only happen if academics take action. Hence, we explore several strategies for a renewed university politics.

Optimal model of economic diplomacy of Republic of Croatia in the context of global intelligence revolution

Optimalni model gospodarske diplomacije Republike Hrvatske u kontekstu globalne obavještajne revolucije

Author(s): Zdravko Bazdan / Language(s): Croatian / Issue: 2/2010

Keywords: Intelligence Security Agency (SOA); President of Republic of Croatia; economic espionage; industrial espionage; CHELON; WATSON SYSTEM; GALILEO;

The aim of this study is to point to the fact that economic diplomacy is a relatively new practice in international economics, specifically the expansion of the occurrence of Intelligence Revolution. The history in global relations shows that without economic diplomacy there is no optimal economic growth and social development. It is important to note that economic diplomacy should be important for our country and the political elite, as well as for the administration of Croatian economic subjects that want to compete in international market economy. Comparative analysis are particularly highlighted by French experience. Therefore, Croatia should copy the practice of those countries that are successful in economic diplomacy. And in the curricula - especially of our economic faculties - we should introduce the course of Economic Diplomacy. It is important to note, that in order to form our optimal model of economic diplomacy which would be headed by the President of Republic of Croatia formula should be based on: Intelligence Security Agency (SOA), Intelligence Service of the Ministry of Foreign Affairs and European Integration, Intelligence Service of the Croatian Chamber of Commerce and the Intelligence Service of the Ministry of Economy, Labor and Entrepreneurship. Described model would consist of intelligence subsystem with at least twelve components.

Origin And Development Of EU Law In The Field Of Energy

Nastanak i razvoj prava Evropske Unije u oblasti energetike

Author(s): Branimir Nešić / Language(s): Serbian / Issue: 2/2016

Keywords: EU law; energy; EU founding treaties; “First energy package of the EU”;

In this work is in concise form shown the development of European Union law in the sphere of energy.The major accent was placed on the genesis of the development of primary EU law in this area and basics which it is set, in purpose ofa better understanding of contemporary processes in the energy sector on the European continent. Particularly attention is given to the issues of the regulation of energy sector under the EU’s founding treaties, as well as issues of common European energy policy. In addition, an important place is taken by considerations related to the development of the EU aquis communautaire in this field, with particular accent to the analysis of “First energy package”, as a kind of basis for the modern instruments of legal regulation of the energy sector in the EU. All issues which was discussed in this work, was seen through prism of, in this moment, the most important issue of energy sector, the international cooperation in the field of construction of facilities for the transportation of energy.

The Protection Of Rights In The Processes Of Public Procurement In The Republic Of Serbia And The Countries Of The Region

Zaštita prava u postupcima javnih nabavki u Republici Srbiji i zemljama u regionu

Author(s): Vladimir Kozar,Vesna Bilbija / Language(s): Serbian / Issue: 3/2014

Keywords: request; protection of rights; appeal; public procurement; administrative proceeding; administrative dispute;

The protection of rights in all the phases of the public procurement process is carries out through a specific (administrative) proceeding. The Law on General Administrative Proceeding, in its Article 3 allows the possibility of issuing specific administrative proceedings by stipulating that “the provisions of the law, due to specific nature of administrative matters in certain administrative areas, provide for necessary exceptions to the general rules of administrative proceedings and must be in accordance with the basic principles laid down by this law”. This procedure is initiated by a special remedy - the request for the protection of rights. The deadline for passing a decision on the request is determined, and in a case of its exceeding, there is an assumption of “silence of the administration” in which case it is considered that the request for the protection of rights is denied and the complaint is allowed in administrative proceedings. The topic of this paper is the protection of rights in the public procurement processes in the countries of the region: in Montenegro and in the Republic of Croatia. As well as in the Republic of Serbia, the process of the protection of rights in the above mentioned countries is the administrative proceeding, and the process of protection of rights is initialized by an appeal. Against the final decisions issued as the results of the administrative proceedings one can initiate an administrative dispute. In Montenegro and in the Republic of Croatia, the proceeding of the judicial protection is urgent.

REGARDING THE TEXT OF KOSTA ČAVOŠKI IN THE LAST ISSUE OF "ANALI"

ПОВОДОМ ТЕКСТА КОСТЕ ЧАВОШКОГ У ПРОШЛОМ БРОЈУ "АНАЛА"

Author(s): Vladimir Đerić / Language(s): Serbian / Issue: 2/2005

Наша земља у тренутку промене власти октобра 2000. године имала чак десет спорова пред Међународним судом правде (даље МСП).

Democracy and Ethics

Demokracija i etika

Author(s): Jovan Mirić / Language(s): Croatian / Issue: 01/1994

Keywords: democracy; ethics; politics;

In this article, the author shows the (un)ethical side of democracy determined as a median point of politics. That which is ethical in politics, is also ethical in democracy which is a vehicle of political accomplishment. The ethics lie in the way and means of accomplishment, and not in the purpose and goals of political activity.

Soviet "New Thinking" and the Safety of Yugoslavia

Sovjetsko "novo razmišljanje" i sigurnost Jugoslavije

Author(s): Anton Bebler / Language(s): Croatian / Issue: 02/1989

Keywords: Soviet "New Thinking"; Safety of Yugoslavia;

Numerous reforms in Soviet society and in the international activities of the Soviet Union, advanced with the arrival of M. S. Gorbatchov and summed up in the terms »perestroyka« and »new thinking« have provoked exceptional interest and attention of the group of countries in the immediate vicinity of the USSR, which includes Yugoslavia. The author believes that the Soviet government under M. S. Gorbatchov pursues in fact a policy of strengthening and furthering the Warsaw Treaty organization which happens to be not only contrary to the general Yugoslav platform of non-alignment, but even more precisely, contrary to the immediate interests of Yugoslavia’s safety. Therefore, he concludes, although in Yugoslavia there is much sympathy for the policy of »re-structuring« in the USSR, there is little likelihood that all its consequences will ha\e a politically, economically, and strategically positive impact upon Yugoslavia, at least not in short term perspective.Numerous reforms in Soviet society and in the international activities of the Soviet Union, advanced with the arrival of M. S. Gorbatchov and summed up in the terms »perestroyka« and »new thinking« have provoked exceptional interest and attention of the group of countries in the immediate vicinity of the USSR, which includes Yugoslavia. The author believes that the Soviet government under M. S. Gorbatchov pursues in fact a policy of strengthening and furthering the Warsaw Treaty organization which happens to be not only contrary to the general Yugoslav platform of non-alignment, but even more precisely, contrary to the immediate interests of Yugoslavia’s safety. Therefore, he concludes, although in Yugoslavia there is much sympathy for the policy of »re-structuring« in the USSR, there is little likelihood that all its consequences will have a politically, economically, and strategically positive impact upon Yugoslavia, at least not in short term perspective.

THE ETHICS OF NURSING: CAN NURSES GO ON STRIKE?

ETIKA SESTRINSTVA: SMIJU LI MEDICINSKE SESTRE ŠTRAJKATI?

Author(s): Ivan Šegota / Language(s): Croatian / Issue: 15/1995

Keywords: Ethics; Nursing; Strike;

The process of the development of nursing from vocation into profession, that has been completed in such over-developed nations as the USA are, actualizes the topic of the professional ethics of nursing. The author considers the connexion between nursing and ethics and ethics and nursing, including into discussion the different existant definitions of nursing, its theoretical essence and conceptual models. He continues to discuss the relation between feminist ethics and nursing, religious inspirations of the ethics of nursing, Nightingale's ethical model of nursing etc. Special interest is shown for the actual appearance of nurses' strikes in Croatia. The latter is analyzed from the ethical viewpoint with regard to recent ethical debates on the subject in bioethical literature.

Contemporary moment of economic relations East - West

Suvremeni trenutak ekonomskih odnosa Istok - Zapad

Author(s): Vlatko Mileta / Language(s): Croatian / Issue: 01/1978

Keywords: Contemporary moment; economic relations; East - West;

Suradnja socijalističkih država Istočne Evrope s kapitalističkim državama Zapada na području ekonomije posljednjih godina bilježi vidne rezultate. Može se reći da je u tom pogledu, a u odnosu na vrijeme od prije desetak godina, postignut napredak koji nije bio ni zamisliv.

Collective Redress as a New Concept for the Protection of Consumers in Bosnia and Herzegovina

Kolektivna zaštita kao novi koncept zaštite potrošača u Bosni i Hercegovini

Author(s): Džejna Suljević,Edisa Softić,Sefedin Suljević / Language(s): Bosnian / Issue: 22/2018

Keywords: protection of the collective consumer interests; collective redress; consumer protection association; Ombudsman for the protection of consumers; compensatory redress;

Collective protection of consumer interests is a relatively new institute in consumer protection in Europe. The protection procedure started with the adoption of specific European Parliament and Council Directives, and the Recommendation of the Commission of the European Union. In some European national legislation, collective protection is regulated by the Consumer Protection Act, but it is also offered by adopting the special provisions in existing civil procedural laws regarding the protection of collective rights and interests. The expansion of the concept of collective protection has come under the great influence of the institute of class actions, which has its roots upon American legal system. The collective protection offers different types of redress, which do not envisage the same protection content. First subtype of collective redress is an injunctive collective redress, a legal mechanism that ensures possibility to claim cessation of legal behaviour collectively by two or more natural or legal persons or an entity eniteled to bring a representative action. Second subtype of collective redress is a compensatory collective redress, which is a legal mechanism that ensures a possibility to claim compensation collectively by two or more natural or legal person or by an entity entiteled to bring a representative action. In both cases, the entiteled entities that can bring a representative are established by law, and those are the subjects that within their registered or regulated activity, deal with the protection of established collective rights and interests (in Bosnia and Herzegovina those are: Consumer Protection Associations, Ombudsman for the protection of consumers, competent authorities of the Entities, etc.). Protection of the collective interests is essentially based on the protection of the collective interests of certain protected groups. Collective protection can occur in different areas, from the field of environmental protection, protection from discrimination, areas of protection of competition law, to the field of collective protection of consumers, all depending on the protected collective interest.

DIVORCE BEFORE A LATIN-TYPE NOTARY IN THE REFORMED SLOVENIAN LAW

JAVNOBILJEŽNIČKI RAZVOD BRAKA U REFORMIRANOM SLOVENSKOM PRAVU

Author(s): Slađana Aras Kramar / Language(s): Croatian / Issue: 3-4/2020

Keywords: divorce; Latin-type notary; procedure; Slovenian law;

Divorce before Latin-type notaries, as an alternative to court procedure, has been present on the European continent since the early 2000s. Forms of such divorce first appeared in Eastern European countries. However, since 2015 there has been a regulation of the powers of notaries for consensual divorce in the countries of Western and Southern Europe. The last among European countries to prescribe the consensual divorce before notaries is Slovenia, as part of the reform of family and non-contentious law and procedure. In this context, the paper discusses the novelties and basic principles of family court proceedings in the reformed Slovenian law. A special part of the paper contains an analysis of the consensual divorce before Slovenian notaries. The reason for choosing this legal system is the circumstance of the same starting point of development with Croatia, the similarity of these two legal systems, as well as the fact that in these Central European EU member states, reform efforts in one usually follow reforms and results in the other. Then follows an analysis and discussion of notarial divorce from a Croatian perspective, in particular on the circumstances that should be taken into account when considering its regulation, in order to reflect and achieve the prominent advantages. The concluding part of the paper contains some thoughts of the author and his de lege ferenda projections for the Croatian regulation, but also for the states in its neighbourhood.

International jurisdiction for online consumer contracts in European international private law

Međunarodna nadležnost za online potrošačke ugovore u Evropskom međunarodnom privatnom pravu

Author(s): Bojan Božović / Language(s): Montenegrine / Issue: 2/2019

Keywords: potrošači; internet; zaštita; ugovori; Evropska unija

Consumer protection is one of the most important tasks of the modern European Union. Although consumer protection in Europe has taken its toll half a century ago, it seems that these issues have never been more topical and better regulated. One of the most important consumer protections is established through the establishment of international jurisdiction. The topic of this paper is to investigate the level of this form of consumer protection when concluding online contracts with an international element. These issues are particularly relevant in the context of the increasing and increasing use of the Internet in commerce. One of the most interesting questions is which court can we turn to if a dispute arises and whether the topic is regulated at all in the European Union.

LABIN REPUBLIC 1921: ANTHROPOLOGICAL-HISTORICAL NOTES ON THE CENTENARY OF THE WORKERS OCCUPATION OF THE COAL MINE, SELF-ORGANIZATION AND RESISTANCE

LABINSKA REPUBLIKA 1921: ANTROPOLOŠKO-POVIJESNE BILJEŠKE UZ STOGODIŠNJICU RUDARSKOG ZAUZEĆA UGLJENOKOPA, SAMOORGANIZACIJE I OTPORA

Author(s): Andrea Matošević / Language(s): Croatian / Issue: 01/2021

Keywords: The Republic of Labin, Miners; Proletarian Republics; Biennio Rosso; Antifascism;

On the occasion of the hundredth anniversary, this paper analyses the political, existential and cultural reasons for the rise of the mining revolt in the southeastern part of Istria named The Republic of Labin, during March and April 1921. Characterized by the occupation of mines and wider territory, the organization of life, defence and production “for themselves and their account” during 36/37 days, and finally the conflict between the Italian authorities and the miners, it was organized after similar processes took place throughout Italy. This period (1919-1920), also known as biennio rosso, the red biennium, throughout the Apennine Peninsula would be intensified in September 1920 by the occupation of industrial plants in light and heavy industry. Despite the similarities and connections between the events on the peninsulas, it is the miners of the Labin region – in the wake of advanced revolutionary ideas about “proletarian republics”, “workers’ self-governments” and “mining councils” – who would insist on several significant dynamics and characteristics during the uprising: non-nationality, cooperation with peasantry and ultimately an armed conflict with the authorities. Also, the paper builds upon an anthropological thesis on the specifics of mining communities that made a significant difference in the articulation of these events in relation to the wider working class.

LEGAL NATURE OF ARBITRATION

PRAVNA PRIRODA ARBITRAŽE

Author(s): Jelena Vukadinović / Language(s): Serbian / Issue: 1/2016

Keywords: legal nature; arbitration; contractual theory; jurisdictional theory; mixed theory; sui generis theory

Analyse of a legal nature of arbitration aimed at comparing the similarities and differences with other related institutes, in order to determine the place of arbitration in the legal system of a given country. How this issue is primarily a theoretical question, the debate boils down to an analysis of existing opinions in legal theory and possible confirmation in court practice. Thus, the legal nature of arbitration depends of which of element is given a decisive importance. In the paper are analysed jurisdictional, contractual, mixed and sui generis theories.

SECURITY OF WORK AS AN INDICATOR OF DECENT WORK – NORMATIVE SOLUTIONS OF COUNTRIES IN THE REGION

SIGURNOST ZAPOSLENJA KAO INDIKATOR DOSTOJANSTVENOG RADA – NORMATIVNA REŠENJA DRŽAVA U REGIONU

Author(s): Mario Reljanović,Jovana Misailović / Language(s): Serbian / Issue: 3/2022

Keywords: security of work; indicators of decent work; employment termination; dismissal; workers’ rights.

International Labor Organization set security of work as one of the basic aspects of decent work. In order to achieve the standard of decent work, it is not enough to have appropriate working conditions, it is also important to achieve that employment cannot be easily terminated by the employer and prevent worker from being exposed to financial instability, that is, social insecurity.Bearing in mind the increasing spread of flexible forms of work that often lead to a reduction in the scope of security of work, authors’ focus in the paper is dominantly on analyzing the existing problems in the countries in the region regarding the standardization of security of work. The paper analyzes existing solutions in four countries – two which are the members of the European Union (Hungary and Croatia) and two which are not (Bosnia and Herzegovina and Montenegro).The solutions foreseen in the aforementioned legislations were compared with the solutions from the Labor Law of Serbia, with the aim of making conclusions regarding the possibilities of improving the normative framework in the period of harmonization with the legal acquis of the International Labor Organization and the European Union. The primary aim of the critical review of legal solutions is to recognize certain trends in the regulation of work relations, to analyze existing relations between employers and workers in terms of the labor contracts forms, rights of workers in terms of termination of employment as well as to conclude whether it is possible to preserve the right to security of work in accordance with its traditional elements, given the current circumstances. Authors based the paper on the initial hypothesis that in the observed countries the forms of work flexibility actively influence the abandonment of the concept of employment security, as well as that the scope and quality of the rights regarding the termination of the employment in the countries of the region are not harmonized and secondly, that it is more favorable for workers to achieve employment security in the countries that are members of the European Union and that do not recognize work outside the employment relationship.

Case 294/83, Parti Ecologiste les Verts v European Parliament

PARTI ÉCOLOGISTE "ZELENI" PROTIV EVROPSKOG PARLAMENTA. PRESUDA SUDA OD 23. APRILA 1986.

Author(s): / Language(s): Serbian / Issue: 1/2004

BUILDING OF THE EUROPEAN UNION - FROM FEDERALISM TO FUNCTIONALISM

KORENI STVARANJA EVROPSKE UNIJE - OD FEDERALIZMA DO FUNKCIONALIZMA

Author(s): Gordana Ilić / Language(s): Serbian / Issue: 1/1999

Keywords: EC Treaty; European Community; European Union; integration process; common market; institutional reform; political reform; economic and political union

The article deals with building of the European Union. While describing the history of the European Communities, the author analyzes the influence of the federalism and the functionalism in the evolution of the European integration process. The European Union is new stage in the European integration, with strong elements of both of two concepts of inter-state integration: the federalism as well as the functionalism. The author concludes that building of the European Union is evolutionary, dynamic and permanent process, in the sense of different stages of the institutional reforms. The ratification of the Treaty of Maastricht and signing of the new Treaty on European Union in Amsterdam, 1997, point to the continuous feature of the European integration.

The Rise and Fall of the Command-Planned Economy in Yugoslavia (1947-1951)

Uspon i pad komandno-planske privrede u Jugoslaviji (1947-1951)

Author(s): Aleksandar Rakonjac / Language(s): Serbian / Issue: 2/2022

Keywords: Yugoslavia; USSR; command-plannned economy; CPY; Federal Planning Commission;

The radical transformation of society that began in Yugoslavia in 1945 had endogenous and exogenous roots. By winning the war, the Communist Party of Yugoslavia had the opportunity to create new directions for the development of Yugoslav society. The fact that it was an ideological peer on the Soviet Union lacking its own experiences determined the choice of the development model. Thus, the management of the economy according to the command-planned economy principles developed in the USSR became one of the most important segments of the Yugoslav determination to build socialism. The dispute with the Soviets in the summer of 1948 caused a change in the attitudes towards everything that came from Moscow, and thus the continued implementation of the centrally planned economic model was called into question. This paper will provide insight into the establishment, development and disappearance of macroeconomic planning in the economy during the early stage of Yugoslav socialism.