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The task of state authorities is to enable, within its competencies, full and effective implementation of the principle of the rule of law, and to allow all individuals to participate in process of creation and achievement of human rights and fundamental freedoms. In connection to aforementioned, and according to the political criteria adopted in Copenhagen in June 1993, the paper analyzes status of Bosnia and Herzegovina in the European integration process. Special emphasis is placed on the analysis of the institutions of Bosnia and Herzegovina and their normative, professional and infrastructural readiness (and ability) to guarantee the implementation of fundamental democratic principles. Furthermore, the paper analyzes the measures that have been announced in the adopted reform agenda for Bosnia and Herzegovina 2015-2018, which are primarily related to the implementation of the principle of the rule of law and to the process of good governance.
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According to Constitution of B&H, as well as constitutions of entities and cantons, Bosnia and Herzegovina is a state of human rights in full capacity. International instruments which guarantee a wide range of human rights and freedoms are integral part of the legal order of Bosnia and Herzegovina. In the Federation of B&H, 22 international documents listed in the annex to the Constitution have the power of constitutional provisions. However, it often happens that laws and regulations of executive authority entirely suspend or limit rights and freedoms guaranteed by the constitution. Thus, in most cases, there is a mismatch of constitutional-normative regulations in comparison with the real state created by laws, and in some situations, by regulations of executive authorities. It’s a widespread practice that has, unfortunately, affected almost all areas of life. The paper analyzes the provisions of Bankruptcy Law of the Federation of B&H which substantially limits many constitutionally guaranteed rights of employees of debtor in bankruptcy proceedings.
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The exercise of fundamental market freedoms in the European Union includes the freedom of movement of persons in order to attain the right to health care. A part of the possibility to access health services in the Member States where they are insured, the citizens of the Union can also demand such a service in another Member State and obtain reimbursement. This is the so called cross-border healthcare. Directive 2011/24/EU on the application of patients' rights in cross-border healthcare is a new legal instrument adopted to ensure the mobility of patients within the European Union and eliminate the existing differences in the application of two parallel systems - one based on Regulation 883/2004/EC on the coordination the social security system, and the other on the principles and views of the Court of the European Union, which are based on the provisions of the Treaties on the fundamental market freedoms.
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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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Public Service Obligation (PSO) is a legal tool that allows sustaining of transport operations that are deemed to be vital for a society, but which cannot be provided commercially. Due to economic and operational factors PSOs are especially widespread in rail transport. At the same time the European legislator is planning to fully liberalize the sector in question by 2019. This paper attempt to answer a question whether full liberalization of the rail transport sector is possible given the extent of State’s involvement in economically unviable railways. The system of controlled competition – so called “competition for markets” which is the backbone of sector’s market order is analyzed in the context of division of competences between EU and Member States. The analysis covers the impact assessment of PSO framework on the rail transport market liberalization.
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With effect from 1 January 2014, the Polish Parliament introduced amendments to the Polish Corporate and Personal Income Tax Acts, which primarily affect the taxation of a partnership limited by shares (SKA) by including it into the category of corporate income tax subjects. Under the new regulations the general partners of an SKA should be treated in the same way as partners of any other Polish partnership and thus their income should be effectively taxed only once. In order to ensure the single-level taxation of general partner’s income a tax credit mechanism has been introduced. Though, the new Polish provisions permit the application of the tax credit mechanism only in relation to national cases. In the authors’ view this may constitute a restriction on freedom of establishment. This article analyses whether the new tax credit method is compatible with EU Law.
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This article analyses the Croatian jurisprudence on the receiveability of a revision against a final decision on the costs of civil procedures.By invoking the European Convention on Human Rights and Fundamental Freedoms and the Constitution of the republic of Croatia, the authors argue in favor of the receivability of revision. They give an insight in the historical development of the jurisprudence in this area of law. They furthermore make an analysis of recent jurisprudence of both Croatia’s Supreme Court and Constitutional Court, and the European Court of Human Rights (ECt- HR).Recent decisions of Croatia’s Constitutional Court and the EctHR triggered the interest of legal theory and practice. Regular courts and legal writers started scrutinizing the question on the meaning and the nature of the decision on costs.The puzzle that remains unsolved concerns the sudden change of course in the Supreme Court’s jurisprudence. The authors wonder if the reasons given by the Supreme Court follow the modern, democratic developments in contemporary jurisprudence.
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The subject of this article is so-called Slovak pensions. It resulted in a dispute between the Supreme Administrative Court and the Constitutional Court. The Court of Justice of the European Union was also involved in the said dispute and its judgment was considered as an ultra vires act by the Constitutional Court. Consequently, the Constitutional Court undermined the supremacy of EU law – the principle which has been strengthened since the 1960s.
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In January 2023, the French Secretary of State for Europe, Laurence Boone, and the German Minister for European Integration, Anna Luhrmann, commissioned a group of twelve national experts to propose an institutional reform that would respond to the needs of the enlargement of the European Union. It follows from the proposal of Franco-German experts that progress in the expansion of the European Union until 2030 is necessary, as well as that the admission of a large number of countries is almost excluded. The proposal is important for Serbia, considering that, along with Montenegro, it has advanced the most in the preaccession negotiation process. At the same time, the proposal is also important because it would facilitate institutional adaptation in the work of the European Parliament, the Commission, and the Council, which would enable the inclusion of new members in the European Union.
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Crimes against human health are on the rise in European legislation. The number of these criminal acts in the European Union is at a very high level, which indicates the fact that there are a large number of perpetrators of these acts, as well as a large number of people who consume narcotic drugs. Criminal offenses against human health include the criminal offenses of producing and placing narcotic drugs on the market, unauthorised possession of narcotic drugs, enabling the enjoyment of narcotic drugs, failure to follow health instructions during the pandemic, transmission of infectious diseases, transmission of HIV infection, negligent provision of medical care assistance, illegal medical experiments and drug testing, failure to provide medical assistance, quackery and quack pharmacy, improper treatment in the preparation and dispensing of medicines, production and placing on the market of harmful products, unconscionable inspection of foodstuffs, and contamination of drinking water and foodstuffs.
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The adoption of the European Economic Security Strategy came from the knowledge of the European Union that certain economic ties in the current geopolitical environment are developing very quickly and that they are increasingly merging with security risks. Through formulating a new concept of European economic security, the European Union believed it could preserve most of its economic ties with foreign countries but also take more effective measures to eliminate existing security threats. The implementation of the European Economic Security Strategy presupposes the adoption of a series of instruments that would enable the assessment of security risks. So, at the beginning of 2024, the Commission of the European Union issued a Communication presenting five new initiatives for the improvement of the European Economic Security Strategy. With this comprehensive package, the European Union has foreseen measures to mitigate the risks associated with supply chains, technologies, infrastructure, and the economic coercion of third countries. Their implementation should lead to more optimal protection of the European Union from economic threats and risks, as well as a more solid position in modern international economic relations.
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The paper explores the intricate landscape of implementing food safety policies within the European Union (EU) context. Through an examination of key themes, including discretion and enforcement of policies, the EU’s problem-resolution strategies, and the concept of individualization that surpasses mere adherence to laws, the paper sheds light on the complexities and nuances inherent in ensuring food safety across the diverse member states. The paper scrutinizes the role of discretion in the enforcement of food safety policies within the EU. It delves into how regulatory bodies exercise judgment in interpreting and applying policies, taking into account the varying contexts and challenges faced by member states. The discussion highlights the need for a balanced approach that considers both uniformity in enforcement and flexibility to address specific regional or sectoral requirements. Further, the paper focuses on the EU’s problem-resolution strategies concerning food safety policies. It explores the mechanisms in place for identifying and addressing challenges that arise during the implementation phase. This includes an analysis of coordination among member states, collaboration with stakeholders, and the role of regulatory bodies in mitigating issues and fostering a harmonized approach to problem-solving. In the end, the paper introduces the concept of individualization, emphasizing how a diverse range of policies and practices exists beyond mere adherence to overarching laws. This section explores the unique approaches taken by member states in tailoring food safety policies to suit their specific circumstances. It investigates the benefits and potential challenges associated with such individualization, considering its impact on overall policy effectiveness and coherence.
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This study looks into aspects of the new EU design legislation that relate to the subject-matter of digital designs and the extent to which Polish law should adapt for full harmonization. The first part examines the new open-ended definitions of a ‘design’ and ‘product’ with a focus on dematerialized items that exist solely through appearance. The second part touches upon several legal parameters serving the identification of the object of design protection. It discusses the visibility requirement embedded by the filing requirements, the eye-perception of design features, and the disconnection of the scope of protection from the designated product category. The last part takes an interdisciplinary approach based on the rules of psychology and design engineering in order to explain the issues that underline human vision, with a focus on the appearance of user interfaces. The understanding of sensory and cognitive determinants of human perception is a useful guide for a judge or examiner in the assessment of the overall impression of two designs. Because of the challenges resulting from the specificity of digital designs, this article argues that Polish law should comprehensively implement the new EU design provisions in order to prevent further difficulties in enforcement.
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