We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The consumer right to rescind the contract is the most important legal instrument which releases the consumer from all obligations arising out of the contract without any explanation. The consumers are thereby given the opportunity to compensate for their deficit in information and experience which exists in comparison to the trader as the other contracting party, by the ex post revision of all information relevant for the contract within the withdrawal period and without any influence by the trader. While, in this way, the consumers are given the opportunity to reconsider and possibly change their mind, for traders and third persons it is a factor of disturbance and insecurity, because until the expiration of the withdrawal period it is unclear whether the contract will remain valid. The consumer’s right to rescission is introduced into the legal system of Bosnia and Herzegovina by harmonization with the EU law and can now be found in the Consumer Protection Act as well as in the Draft and Proposal for a new Obligation Relations Act. The following paper illustrates the basic characteristics of the consumer right to rescission, its current development in EU law, especially in the Directive on consumer rights of 2011, and identifies the existing deficiencies in the regulation of this institute in the legal system of Bosnia and Herzegovina.
More...
There has been more than a decade since the adoption of Brussels I Regulation on court jurisdiction, recognition and enforcement of civil and commercial awards in European Union. The Regulation entered into force on 1 of March, 2002, replacing the Brussels Convention from 1968.As the above mentioned Convention, the Regulation is perceived as a unification instrument considering jurisdiction rules created in order to enable “the free flow of judgments between the member states”. The importance of both instruments is reflected in facilitating recognition and enforcement of decisions rendered by EU member states or, formerly by signatory states to the Convention.This article analyses the Brussels I provisions, comparing its differences and similarities with Convention’s provisions. The author endeavored to attract the writer’s attention in following questions: exclusive and particular jurisdiction, jurisdiction in consumer and employment matters, jurisdiction agreements and parallel or related proceedings in another member state.
More...
Bosnia and Herzegovina is among several European states which have recently enacted their own new systemic procedural laws, which regulate the criminal procedure in a considerably different manner. According to those procedural laws, the model of a criminal procedure in BiH is a mixed, accusatorial and inquisitorial procedure with some features which make it a special model of mixed type of a criminal procedure. Constructively speaking, an ordinary criminal procedure in BiH is consisted of two separate stages: preliminary proceedings (investigation and accusatorial proceedings) and main proceedings.If, for example, a comparison is made with investigation conducted in Spain or England, one may notice big differences which could be described as inquisitorial model still prevailing in Spain (where judicial investigation is still the focus of the proceedings), and as a system of common law which still exists in England (where the focus is placed on public judicial hearing). It should also be noted that the very goal of preliminary proceedings is considerably different. The preliminary proceedings in England are aimed at preparation of main trial, while, for instance, in Spain and Belgium, it is aimed at creating the foundation for final judgment. In that context, a presentation of the systems of investigation in Italy, Germany, Austria and France is offered, in which case the focus is placed on the most relevant issues regarding the investigation in the criminal legislation of BiH. The system existing in Austria and Germany is particularly relevant because the mentioned countries have entrusted the investigation functions to the flexible cooperation of the police and prosecutorial authorities, in which case a considerable attention is paid to the victims’ rights. In the author’s view, the key matter for the criminal justice system is to demonstrate the ability and determination to conduct investigation in any case in which there is a suspicion that a criminal offence has been committed and to perform its tasks in the professional, trustworthy and consistent manner. On the other hand, the investigation must be organized so as to reflect the necessity of securing effectively the rights of the suspect. The court must exercise the function of striking a balance between the opposing interests and rights.
More...
Particular sources of European Union law are legal acts adopted by its institutions. Since being adopted under the authority derived from the founding treaties, they are called secondary sources of EU law and the provisions contained in these are called secondary law. Legal acts of the Union may be legal acts or acts that do not have a legal character. Both types of documents bear the names of regulations, directives or decisions. When it comes to acts without legal character, as a special type appear delegated and implementing acts adopted by the European Council. The exception is the field of common foreign policy and security policy, in which the bodies of the Union adopted general guidelines and strategic directions as binding documents that have political significance and programmatic decisions which are in function of their operationalization. Through their activities EU institutions brought some documents which have legal effect for the subjects of EU law and are a source of law even though not expressly provided for in the Treaties. For lack of a better name they are called unnamed acts or acts of sui generis body of the European Union.
More...
In spite of numerous changes of the contemporary concept of security, state border control still has a primacy, especially regarding the EU external borders. The European Union legal regime on external borders has been established according to the principles of Schengen agreements and, the more significantly, according to national legislation of EU Member States, as well as candidate countries and other neighboring countries. Although Schengen agreements represent an integral part of EU law, EU membership does not, at the same time, mean Schengen membership, the latter usually following after a certain number of conditions have been met. A new concept of state border control includes new legal terms or makes some changes in former legal terms and categories. In this paper, the author is trying to identify some of the legal terms important to state border control and already incorporated in the legal system of the Republic of Serbia. Since the Republic of Serbia is currently in process of accession to EU and as the external borders of EU and Serbia are partly common, border control regime of the Republic of Serbia has to meet strict conditions concerning its external borders. On the other hand, the external borders regime has to be somewhat flexible, i.e. harmonized with the internal borders regime, which will be realized with EU membership.
More...
Usual practice of modern states to give special treatment to building constructions and lands in the system of value added tax (VAT) gains in importance in countries of our region, because of process of privatization and need for tax incentives in the field of construction industry. Particular dimension is a need for harmonization of internal rules in this sphere with tax law of European Union (EU). Existing legal rules, which prescribes that only slaes of newly constructed buildings is subject to VAT while the sales of lands is excluded from the system of VAT, leads to very interesting legal dilemma. Namely, the question is: what is legal fate of land where newly constructed building is subject to VAT. A paradox appears that building construction as well as land do not make a whole according to rule: superficies solo credit.
More...
This article reviews the actions foreseen by the EU in regards to climate change mitigation post-2020. Authors review the present framework on climate mitigation related to the constatations made by the International Panel on Climate Change and current EU commitments made through various strategic initiatives such as Europe 2020 strategy. Article discusses the Paris Agreement and its targets. The authors present goals defined by the EU in regards to the Paris Agreement ratification – green house gas emissions reduction, appropriate combination of innovation and new technologies financed by relevant financial instruments to share the risk between the public and private sector as well as coherence with the goals of other EU policies and programs.
More...
The Regulation (EC) 1907/2006 of the European parliament and the Council {1} known as REACH (Registration, Evaluation, Authorization and restriction of CHemicals), is creating difficulties for the companies that are based outside the EU, but are selling their products on the market of the EU using the services of an Only Representative (OR). The present paper describes the procedure for changing of an OR appointed as per the REACH Regulation. The issues that may create problems during implementation are discussed. Solutions are proposed that are successfully implemented in practice.
More...
Europeans have always been free to travel to receive care in other member states, but if they wished to benefit from their statutory social protection scheme, they were subject to Regulation 1408/71 and Regulation 574/72 about coordination of social security systems. Opportunities to obtain medical services outside the domestic country radically changed in 1998 with two linked rulings by the European Court of Justice. To overcome the legal uncertainty a debate begins on the adoption of Community legislation regulating cross-border healthcare. The article discusses the legislative initiatives of the EU, led to the adoption of Directive 2011/24/EU.
More...
The Regulation (EC) 1907/2006 of the European parliament and the Council known as REACH (Registration, Evaluation, Authorization and restriction of CHemicals) was adopted at the end of 2006 and entered in force in 2007. The implementation of the Regulation is a difficult task because of the complicated field of application that was regulated by more than 40 pieces of legislation in the past. The implementation of REACH creates difficulties for the companies and for the enforcement authorities that have to guarantee the implementation. In 2008 the Regulation (EC) 1272/2008 (CLP) regarding classification, labeling and packaging of substances and mixtures was adopted. It introduced that Global Harmonized System for classification and labeling of chemicals (GHS) and made some changes in REACH. Current paper is an overview of the main problems in implementation of these regulations and gives ideas for solving of some of them based on the practical experience of the authors.
More...
The procedure for incurring the jointly and severally liability regulated by the provisions of art. 25 and 26 of the new Fiscal Procedure Code also applies if the debtor is in the insolvency procedure regulated by Law no. 85/2006 on insolvency prevention procedures and insolvency proceedings. The two distinct types of liabilities engaged in two different procedures do not overlap or exclude each other. Regarding the attraction of joint and several liability, according to Article 25 para. (3) of the Fiscal Procedure Code, the text of the law stipulates as a pre-existing condition the state of insolvability or insolvency of a legal person. Therefore, joint and several liability may be incurred, according to Article 25 para. (3) of the normative act specified above, if the (principal) debtor has been declared either in a state of insolvability or in a state of insolvency.
More...
The subject matter of the present report concerns the amendments and supplements to the Public Procurement Act which were proposed by the Council of Ministers of the Republic of Bulgaria on 28 August 2013, with regard to ensuring the publicity and transparency in the award of public contracts, as well as in the implementation and completion of concluded contracts, for the purpose of safeguarding the public interest. In order to ensure full publicity with reference to public spending, it is provided that an obligation should be imposed on contracting authorities, namely, to maintain a "buyer profile" as a separate part of their website, or of another web address, and publish on it any (in practice, almost all) kinds of documents and information related to the public procurement that each of them assigns. The failure to publish, respectively, the failure to publish within the defined period, the documents and the information that is supposed to be entered in the buyer profile shall constitute an administrative offense for which the contracting authorities shall be subject to bearing administrative liability.
More...
The history and implementation of the Regulations of the European Union called REACH (Registration, Evaluation and Authorization of Chemicals) and CLP (Classification Labeling and Packaging) in the EC and some Balkan countries is discussed. Some advices for better harmonisation of the national legislations are given.
More...
One of the most important issues in the field of public procurement, not only in the Republic of Bulgaria, but also in other member states of the European Union, is related to the opportunity to participate in award procedures. In order to be admitted to the public procurement procedure, the persons who have an interest and wish to be awarded a contract (candidates or participants) should meet first, the requirements set by the legislator and second, the requirements announced in advance by the contracting authority. conditions. This article reviews in-dept the definitions, conditions and procedures as mentioned in the applicable Public Procurement Act of Republic of Bulgaria as well as EU legislative framework.
More...
This paper reviews the Bulgarian legislative framework regarding the public procurement. Author highlights the changes which shall be implemented through the recently proposed Public Procurement Act in 2011. Those changes address recommendations by the European Commission in terms of systematic vulnerabilities and deficiencies in the public procurement process in the country.
More...
I believe in the wisdom of Robert Schumann and Jean Monnet who dreamed of establishment of a European federation. Wise decisions had fostered preconditions for the past sixty years the Court of Justice of the European Union (EU) to establish itself as one of the main factors for the development of the integration process. Its contribution is undeniable and widely known which allows us to skip the necessity of looking back at famous cases such as Costa/E.N.E.L., which celebrates its anniversary in 2014. The dynamics of societal relations in the new millennium are placing the Court of the EU in the face of growing challenges some of which will be discussed in the following report.
More...
The objective of this report is to analyse the progress of a recent legal act adopted at EU level in this field and its implementation in the Bulgarian legal framework.
More...
This article presents the short-lived Directive Concerning the Processing of Personal Data and The Protection of Privacy in the Electronic Communications Sector. The author presents Directive’s relation to previous legislative acts, reviews the progress of this matter as well as the significant court cases.
More...
The Regulation (EC) 1907/2006 of the European parliament and the Council [1] known as REACH (Registration, Evaluation, Authorization and restriction of CHemicals), adopted at the end of 2006 is in force in the European union member states. Despite the huge size of the Regulation, some of its chapters are not developed in enough detail which creates legal vacuum in the interpretation. This is creating difficulties for the companies based in the EU and outside the EU, but selling their products on the market of the EU using the services of an Only Representative (OR). The present paper studies the problems related to the activities of the OR appointed as per the REACH Regulation and the difficulties that may arise when an OR change is necessary.
More...