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A More Economic Approach to the Application of EU Merger Control

Author(s): Marta Zalewska-Glogowska / Language(s): English / Issue: 5/2015

In general terms, the more economic approach to the application of EU merger law implies increased reliance on theoretical concepts from industrial economics and quantitative methods of analysis, firstly in the case of investigations and, secondly, when formulating legislation and defining the criteria that are to be set. In other words, a tendency of the more economic approach to EU merger control is to base the evaluation of each specific case on an assessment of its anti- and pro-competitive effects (effects-based approach), rather than on the form of the intrinsic nature of a particular practice (form-based approach). In this article, the author presents the development of the more economic approach to the application of EU merger control and analyses the implications of this new trend which is present in the European Commission’s practice.

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Acquis of European Union and Legal Order of Ukraine

Author(s): Viktor Muraviov / Language(s): English / Issue: 1/2016

The article is devoted to the analysis of the concept and content of EU acquis as well as on its role in the legal regulation of the European integration and of the EU external relations. The content of acquis is characterized by stability and flexibility depending on whether it forms the basis for the legal order of the European Union or fixed in international agreements with the third countries thus transposing the EU law in their internal legal orders. The signing of the Association Agreement by Ukraine with the European Union and its Member States provides for the country a perspective of its integration in the Union with possible membership in it upon the creation of the free trade area between both partners. The effective using of implementation legal tools requires from Ukraine establishing the proper and relevant legal background. Certain prerequisites for the application of the EU acquis into the Ukrainian legal order have been created. The legal basis for the realization of the EU law in Ukraine is formed by the Constitution and national legislation of Ukraine. However, Ukraine is required to make some radical amendments in its legislation to insure the efficient realization of the Association Agreement in the internal legal order. The most important instrument of the realization EU acquis in the internal legal order of Ukraine is harmonization of legislation. In relations between the EU and Ukraine the compatibility of the Ukrainian legislation with EU law can be achieved at the level of international obligations and the level of EU obligations. Harmonization of Ukrainian legislation with that of the EU remains the most powerful legal instrument for the expansion of the acquis into the internal legal order of Ukraine.

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ACTIONES ADIECTICIAE QUALITATIS: MASTER'S LIABILITY BASED ON PRAEPOSITIO AND IUSSUM

Author(s): Mirjana Miškic / Language(s): English / Issue: 2/2017

Master is liablefor obligations arising from legal affairs concluded by slaves,personsalieniiuris and even free persons. Master's liability depends on the legal and family status of master and entrepreneur of legal affairs. Is entrepreneur personally liable to the third party and if he is,how and to what extent? What is the extent of master's liability?The main objective of this paper is to determine the extent of master's liability among three actions, actioexercitoria, actioinstitoria, actio quod iussuand possible effects of direct agency against the third party.The author will examine the existence of elements of direct agency based on relationship between parties (for example exercitor and magister navis, exercitor and the third party and magister navis and the third party.

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Actualitate europeană – Decembrie 2013

Author(s): Daniela Ivan / Language(s): Romanian / Issue: 1/2014

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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Actualitate europeană – Decembrie 2018

Author(s): Oana Dimitriu / Language(s): Romanian / Issue: 2/2019

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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Actualitate europeană – Februarie 2014

Author(s): Daniela Ivan / Language(s): Romanian / Issue: 3/2014

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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Actualitate europeană – Ianuarie 2014

Author(s): Daniela Ivan / Language(s): Romanian / Issue: 2/2014

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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Actualitate europeană – Martie 2014

Author(s): Daniela Ivan / Language(s): Romanian / Issue: 4/2014

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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Actualitate europeană – Noiembrie 2018

Author(s): Oana Dimitriu / Language(s): Romanian / Issue: 1/2019

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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Actualitate europeană – Octombrie 2018

Author(s): Oana Dimitriu / Language(s): Romanian / Issue: 11/2018

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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Actualitate europeană – Septembrie 2018

Author(s): Oana Dimitriu / Language(s): Romanian / Issue: 10/2018

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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Adaptace českého právního řádu na zřízení Úřadu evropského veřejného žalobce

Author(s): Jirí Pavlík / Language(s): Czech / Issue: 4/2019

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (“the EPPO”) was published in the Official Journal of the European Union on 31 October 2017. The Czech Republic decided to establish enhanced cooperation in this area and to participate in the project of the European Public Prosecutor’s Office. This has caused a need to prepare Czech legal order for the Regulation in question to be applied without any major problems. This paper aims to capture, emphasize and explain at least the basic and most important changes brought about by the adaptation of the Czech legal order.

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Adaptacja prawa polskiego do wymogów unijnego rozporządzenia spadkowego (Nr 650/2012)

Author(s): Mariusz Zalucki / Language(s): Polish / Issue: 2/2015

This article discusses legislative alignment of the Polish law to the requirements of the EU succession Regulation No. 650/2012. Author presents the origins of the Polish Act adapting the Regulation and shows the course of legislative works. His presentation aims to identify major changes in the Polish law related to this Regulation.

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Adaptation of Law of Ukraine to the EU Law in the Context of European Traditions of Private Law

Author(s): Yevhen Kharytonov,Olena Kharytonova / Language(s): English / Issue: 1/2016

The article considers the problem of adaptation of the law of Ukraine to EU privatelaw. It analyzes the concept of “European Law” and “EU law” as elements of Europeancivilization and their correlation is determined. On the basis of differentiation between the Western and the Eastern European civilizations a conclusion about the existenceof corresponding traditions of private law is made. The idea that the concept of privatelaw is grounded in western culture is based on the fact that there is a need for the adaptation of Ukrainian law to EU law. This approach is the basis for the conclusion that the success of the adaptation of the law of Ukraine to EU law depends primarily on the willingness of Ukrainian society to accept the fundamental values of Europeancivilization, such as liberalism, human rights, the right of private property, freedom of contract etc.

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Adatokkal történő kormányzás: dilemmák és perspektívák

Author(s): Gábor Halász / Language(s): Hungarian / Issue: 3/2015

This paper analyses the dilemmas and perspectives of governing by data and indicators in the education sector with a special focus being put on the policy coordination practices of the European Union and on the emerging European norm of evidence-based policymaking. It presents some of the most relevant issues related to the use of data and indicators as instruments of governance, exhibiting the advantages and the challenges underpinning this relatively new practice. Stressing the difference between facts and data, it presents the benefits of using facts as tools of political pressure and persuasion, revealing also the limitations of this practice. The paper makes reference to the new opportunities created by the emergence of big databases containing large quantities of micro level, longitudinal data.

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Administracja celna w Unii Europejskiej – wspólna czy 28 różnych?

Author(s): Malgorzata Czerminska,Jowita Swierczynska / Language(s): Polish / Issue: 4/2017

July 1, 2018 is the 50th anniversary of the establishment of the customs union in the European Union and, at the same time, the anniversary of functioning of the Union customs system – a system composed of 28 customs administrations. In the course of performing their tasks, customs administrations of Member States need to act effectively and efficiently; quickly respond to all the needs necessitated by the changing customs surroundings and they must do it in such a way as if they were one entity – one administration. The aim of the present article is to answer the question whether, and, if so, to what extent the operations of the European Union customs administrations have been standardized so that they may be regarded as one, not 28 distinct administrations. The carried out considerations allowed drawing a conclusion that, in the future, there will be no one customs administration, functioning solely on the European Union level – there will still be customs administrations of respective Member States, with slightly-varying organizational structures but performing the same functions and acting on the basis of harmonized customs law. However, it is crucial for the differences in their functioning to be as little as possible, and that has been the main objective of steps undertaken by the European Union in recent years.

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Administrative Appeal as an Out-Of-Court Procedure for the Protection of the Rights of Individuals and Legal Entities

Author(s): Illia Yuriichuk / Language(s): English / Issue: 1/2019

In administrative law, there are two major ways of contesting allegedly unlawful decisions/acts: the administrative appeal and the judicial review (court action). While the administrative appeal is an attempt to solve the dispute at administrative level, the judicial review is an adversarial proceeding by which an individual transfers the conflict with a public authority to the (administrative) courts. In principle, the administrative appeal and the judicial review are independent, and the rules for their exercise normally do not interfere with one another.One of the forms of legal protection of a person in relations with public administration authorities is the institution of administrative appeal, the purpose of which is to fully and timely prevent and eliminate any violations of law and discipline in the activities of public authority. It ensures the active and proactive participation of citizens in the protection of their rights in administrative manner. The right to administrative appeal of decisions, actions or inactivity of authority directly to them or to administrative bodies, which are higher in the system of hierarchical subordination, is an important and necessary mechanism for pre-trial settlement of a dispute between a citizen and the relevant authority.The resolution of such disputes within the framework of administrative appeal provides an opportunity for business entities, individual citizens to protect their interests, identify shortcomings in the work of public authorities and promptly eliminate them, save time and effort, bypassing the judicial form of protection.

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ADMINISTRATIVE COOPERATION IN EUROPEAN UNION LAW AND POLISH LAW

Author(s): Wiktor Trybka / Language(s): English / Issue: 1/2018

In EU law, the duty of cooperation between the EU administration bodies andthe authorities of the European Union Member States results from the Treaty onEuropean Union and the Treaty on the Functioning of the European Union. A principleof sincere cooperation is the basis for cooperation between in public administrations atEuropean level. From this rule, the Court of Justice of the European Union has evokedthe obligation of cooperation of national authorities with the EU institutions andauthorities of other Member States. The provisions of the EU law forced the Polishlegislator to regulate the issue of cooperation between state bodies and authorities ofother countries at the national level. European administrative cooperation wasregulated in Polish law in the Code of Administrative Procedure. The proceduralprovisions of administrative law establish a set of standards similar to provisions oninternational legal assistance in civil or criminal court proceedings. Cooperationdoesn’t concern all activities of administrative bodies, but only activities carried out ina specific proceeding. It is usually taken on a proposal, which must contain ajustification. The transmission of information between public administration bodies isusually electronical.

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Administrative Decisions Addressed to Insurance Intermediaries Issued by the EIOPA – A Macro-prudential Supervision Instrument for Consumer Protection

Author(s): Monika Szaraniec / Language(s): English / Issue: 12/2017

This article identifies new supervisory competences of the EIOPA in relation to insurance intermediaries and insurance companies on the domestic insurance market of the European Union, which constitute public-law protection of the customer (consumer) of insurance services. These competencies protect the client (including the consumer) of insurance services. In the present legislation the client enjoys twofold micro-prudential supervision protection – at the national and the EU level. Decisions issued by the EIOPA may be addressed both to national supervisory authorities and to the supervised entities themselves. Decisions addressed to the supervised entities shall prevail over any previous decisions adopted by the competent national authorities in the same case.

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Administrative Simplification The Case of Hungary

Author(s): Ádám Rixer / Language(s): English / Issue: 1/2015

Simplification is a principle to be interpreted within quality legislation, which is important not only for the European countries, but it has been a priority also for the EU in the last decade. This paper tends to make a catalogue of the simplification measures taken by the government in Hungary in the last few years. It concentrates on rationalization programmes that expressively undertake simplification elements, e.g. the Magyary Zoltán Public Administrative Development Programme in 2010 and the ‘State Reform II’ programme in 2014. The paper – beyond a taxation of administrative fields involved within these simplification processes – introduces the most frequent methods and legal tools, as well. Moreover, it draws attention to those measures that were successful (integration, accessibility of administrative bodies) and that were not (e.g. linguistic simplification).

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