Effects of the Opening of Insolvency Proceedings under the EU Regulation No. 1346/2000 on Pending Arbitration Proceedings

Author(s): Silvie Mahdalová / Language(s): English Publication Year: 0

This paper deals with effects of the opening of insolvency proceedings under the Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (“Insolvency Regulation”), on pending arbitration concerning asset forming part of the insolvent estate.The present article offers determination of collective character of insolvency proceedings compared to the private character of arbitration brought by an individual creditor and emphasizes the necessity to regulate their mutual interaction. The author analyzes relevant provisions of the Insolvency Regulation and its revised version in order to verify whether its framework establishes rules for determination of the law applicable to effects of the insolvency proceedings on pending arbitration.

Are the Days of the “Italian Torpedo” Numbered?

Author(s): Pavel Šidla / Language(s): English Publication Year: 0

The paper examines the interaction between arbitration and court proceedings from the perspective of European international procedural law and the phenomenon of the “Italian torpedo”. It deals mainly with two questions, namely what impact Brussels I bis Regulation will have on arbitrations in the EU, whether the “West Tankers’ case” was really decided wrongly, or rather, whether the CJEU had any other option, if we take the so called “Brussels’ effect” into consideration. Another important question this paper deals with is whether the “Italian torpedo” can be under Brussels I bis’ regime torpedoed, by allowing to enforce an award obtained in parallel arbitral proceedings and effectively “sidestep” the CJEU’s controversial decision in the West Tankers litigation, as it was the case in High Court’s decision in the West Tanker’s case.

International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements

Author(s): Martin Švec / Language(s): English Publication Year: 0

The Treaty of Lisbon conferred new exclusive competence in the field of foreign direct investments on the European Union. It seems that 50-year-old fragmented system of investment law, based on bilateral investment treaties, took a new direction towards a comprehensive European international investment policy. Popularity and efficiency of international investment agreements derive mainly from the concept of investor-state dispute resolution (investment arbitration). New competences of the EU significantly impact on the resolution of disputes.

Questions about the Differences between Protection of Consumer and Worker from the Perspective of International and Czech Arbitration

Author(s): Kateřina Remsová / Language(s): English Publication Year: 0

Paper deals with different approaches to consumers and employees in terms of the protection granted to them in domestic and international arbitration. Czech Arbitration Act applies to both domestic and international arbitration and assumes standards of consumer protection of the EU law into the consumer arbitration. However, this act provides no protection forthe employees. In the paper on the last year of this conference I addressed the issue of arbitrability of individual employment disputes and I concluded that employment disputes of property nature only are arbitrable.

European Public Policy and International Commercial Arbitration

Author(s): Iva Šimková / Language(s): English Publication Year: 0

European public policy could be described as a summary of core values of EU law. It is a legal category derived mostly from case law of the Court of Justice. The exact determination of European public policy still remains an open question. According to CJEU case law European public policy creates a part of national public policies of Member States and needs to be considered while annulling and refusing recognition of arbitral awards.

The New EU Proposal to ISDS System – Opportunity or Blind Alley?

Author(s): Tomáš Kozárek / Language(s): English Publication Year: 0

The public and NGO’s have been strongly criticizing current system of ISDS in the last few months. They reproach ISDS for non-transparency and discrimination in favour of investors. The European Commission responded to this criticism by proposing new approach to ISDS system. This new approach has established few revolutionary changes whose influence to ISDS system is not quite clear.

Practical Impacts of the EU Regulation on Online Dispute Resolution for Consumer Disputes

Author(s): Pavel Loutocký / Language(s): English Publication Year: 0

Only 18% of consumers in the EU have used the Internet to purchase a product abroad in 2014. The main reason is that they do not feel confident in online shopping. One of the key factors is lack of dispute resolution mechanisms which would be efficient and which would offer consumers proper mechanisms to deal with their dispute online in a fast way. The European Commission understood the potential of Online Dispute Resolution (ODR) which is able to offer consumers an efficient solutionto solve their dispute and it is trying to foster cross-border e-commerce by adopting the Regulation on Online Dispute Resolution for Consumer Disputes (which establishes ODR platform) and the Directive on Alternative Dispute Resolution for Consumer Disputes. The main aim of the articleis to present aspects arising from using an ODR platform, which builds on a previous theoretical work of the author.

Funding Social Services in the Czech Republic in the Light of EU Legislation

Author(s): Ladislav Průša,Mirka Wildmannova / Language(s): English Publication Year: 0

The Czech Republic joined the European Union in May 2004 and one of the conditions for membership was to reconcile the legal environment in the Czech Republic so that it would be in synergy with the single market of the EU. Since then, the legal environment has evolved in response to newly arising changes. In 2006, the Directive on services in the internal market was adopted, which among other things specifies the rules governing fair competition.

Међународни стечај банака у контексту УНЦИТРАЛ модел закона о прекограничној инсолвентности и јединственог механизма резолуције ЕУ

Author(s): Damjan Danilović / Language(s): Serbian Publication Year: 0

This paper analyzes key aspects of international insolvency of banks. Peculiarities of loan and deposit transactions along with internationalization of their operations make banks prone to generating negative systemic effects, situation which calls for consolidated monitoring in banking. This approach may lead to specific solutions concerning international bankruptcy in banking. International jurisdiction over bankruptcy of banks is determined in a different manner compared to jurisdiction over non-financial entities and is to be carried out on the principle of universality. International bankruptcy of banks will be analyzed in the context of relevant sources of law such as UNCITRAL model on cross-border insolvency which represents important legal instrument of harmonization of laws in this area and EU single resolution mechanism in which international bankruptcy procedure reached the ultimate stage of integration.

Zakończenie

Author(s): Malwina Lemkowska,Marcin Wojtkowiak / Language(s): Polish Publication Year: 0

Izvori komunitarnog prava

Author(s): Zoran Radivojević / Language(s): Montenegrine Publication Year: 0

U Evropi se odavno ustalila tradicija da se izučavanje svakog pravnog sistema započinje utvrđivanjem njegovih izvora. Naime, veoma je teško, ako ne i nemoguće, govoriti o nekom pravu, a da se istovremeno ne zna odakle ono potiče. Komunitarno pravo, odnosno pravni sistem Evropskih zajednica, nije u tom pogledu izuzetak.

Komunitarna tekovina: oblici unošenja prava eu u nacionalno zakonodavstvo

Author(s): Dušan Lopandić / Language(s): Montenegrine Publication Year: 0

Potražićemo odgovore na sljedeća pitanja: kako se u praksi usklađuje nacionalno zakonodavstvo država, zemalja članica ili trećih zemalja, s propisima EU? Kako se usklađuje zakonodavstvo zemalja koje pristupaju EU i zemalja kao što je naša, kako se to radi na nivou Republike Srbije? Bitno je istaći da proces ulaska u EU dobrim dijelom znači proces preuzimanja propisa, zakonodavstva, odnosno standarda EU izraženih kroz zakonodavni proces.

The Concept of an Individual Right under Union Law

Author(s): Herwig C.H. Hofmann,Catherine Warin / Language(s): English Publication Year: 0

After six decades of development of EU law, individual rights under EU law are subject to divergent conceptual understandings. This is problematic since the notion of an individual right is central to the EU’s legal system and its implementation. Under the principle of ubi ius ibi remedium, the identification of an individual right grants access to judicial protection before national courts and the Court of Justice of the EU (CJEU), including in the context of claims to damages for violations of EU law. The concept of an individual right defines and delimits the scope of the possible direct effect of EU law in its Member States’ legal systems and is the distinctive characteristic distinguishing rights from principles under the EU Charter of Fundamental Rights. The notion is thus a central matter for EU constitutional law as well as EU administrative law. This article discusses various approaches to the concept and reviews how consistent interpretation and application of EU legal acts by Union bodies as well as by Member States legislatures, administrations and courts under a single notion of individual right under EU law could be possible.

Locus standi in Administrative Procedure

Author(s): Joanna Wegner / Language(s): English Publication Year: 0

The chapter deals with a theme of the evolution of the standing in the administrative procedure of the first generation type. The author explains the roots of the concept of legal interest as the basis of the institution of the party to the administrative procedure. What is also highlighted, is that there is a variety of legal grounds for access to the proceedings, far different from, exclusive for the party, substantive provision of law. Some of them could be seen in the pattern for first codifications, namely the Austrian Act of 1925. What is interesting, is that binding regulation is far more restricting in terms of the participation in administrative proceedings than the pre-war provisions. It does not include nor the regulation about the person concerned or about the participatory-type procedures. Over time, this state of regulation has become difficult to accept, because it has turned out that the substantive legal interest is not always an adequate criterion for the participation of an individual in administrative proceedings. The transformations of the modern world, reflected in the regulations of substantive law, especially EU law, force a constant expansion of the catalogue of participants in administrative proceedings. It can be observed that, in a sense, the legislator returns to the idea that guided the first codifications of the law on administrative proceedings, although it is realised outside the Code. These remarks lead to conclusions about the common origin of the first generation procedure and contemporary participatory-type proceeding

Poglavlje 35: Ostala pitanja

Author(s): Chiara Gaia Iascone / Language(s): Montenegrine Publication Year: 0

Iako Crna Gora već koristi euro kao svoju zvaničnu valutu, pitanje je da li može ispuniti uslove neophodne za monetarnu uniju, a koji propisuju da javni dug ne smije preći 60% BDP-a, da inflacija ne smije biti veća od 1.5% u odnosu na tri zemlje Evropske unije sa najmanjom inflacijom, i da budžetski deficit Vlade ne smije biti veći od 3% na kraju prethodne fiskalne godine. U tom dijelu, ostaje dilema što će se desiti u slučaju da Crna Gora ne bude u stanju da ispuni neophodne uslove.

Правният статут на религиозните общности в Испания

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Publication Year: 0

The article examines in sequence the issues about the legal regime of the religious communities in Spain. First it starts with the constitutional order, then the legislative regulations, concerning the religious freedom and its realization. A special emphasis is put on the Law of Religious Freedoms, the registration and tax regime of the religious organizations, the protection of cultural values, belonging to them, the expropriation and etc. In the end the article presents a topical issue in relation to litigation of the property of the Cathedral in Cordoba which is claimed to be a possession of the Catholic Church. The writer of the article considers that in a dispute are presented false arguments about the reconstruction of the mosque, which as a consequence is reconstructed in cathedral, using formal and legal grounds taking no account of the changed legislation in the course of the centuries.

Субективното право на религиозна свобода и въпросът за статуса на религиозните общности в практиката на Европейския съд по правата на човека

Author(s): Dimitar Hanev / Language(s): Bulgarian Publication Year: 0

Freedom of religion is one of the most fundamental rights of man, and as such, it is guaranteed by a number of international documents. It is also guaranteed by most of the constitutions of the modern democratic states. In addition, the national legislative systems of those states have special branches that regulate in details social relations, concerning religious beliefs and religious institutions. All this reveals the significance of the religion and religious matters in modern liberal-democratic societies. The events of the last few decades show that these issues aren’t outdated, but rather present even greater challenges to the established institutions and doctrines of the Western world. Freedom of religion is a substantial legal right playing an enormous role for the development of the legal systems for the protection of human rights throughout the world. From a legal-doctrinal point of view it is usually considered as a part of the well-established triad “freedom of thought, conscience and religion”. But in spite of the common elements of legal freedom, concerning the expression of inner convictions, freedom of religion exhibits features which shape it in a specific manner. They relate, primarily, to the diversity of the religious beliefs and the correlative ethnical and cultural aspects in a particular society. In such a frame the examination of the essence and limits of this right, as well as, its forms of realization, shall inevitably reveal much deeper layers of social and legal relations in those societies which claim to have adopted the technology of democracy and the ideology of the political liberalism. In this respect, there is hardly a better starting point than the case-law of the European Court of Human Rights.

Конституционната жалба като средство за защита на религиозните свободи пред Федералния конституционен съд на Германия

Author(s): Radoslava Yankulova / Language(s): Bulgarian Publication Year: 0

The article examines the German constitutional complaint as a mechanism for protection of religious freedoms. It begins with an overview of the model of individual access to constitutional justice applicable in Federal Republic of Germany. In particular it comprises the following aspects of the German constitutional complaint proceeding: - which rights are protected by the constitutional complaint; - who has the right to file a constitutional complaint; - which public acts can be challenged before the Federal Constitutional Court. A considerable part of the article is dedicated to the jurisprudence of the Federal Constitutional Court of Germany which is one of the most powerful and influential tribunals, serving as a model, for other liberal democracies attracted by the prospect of placing fundamental law under the protection of independents courts of justice. A special emphasis is put on the comprehensive analysis of three decisions of the Federal Constitutional Court that are of crucial importance to the clarification of the essence of religious freedoms guaranteed by Article 4 of the German Basic Law. Finally, the author studies the Bulgarian experience in the light of the protection of fundamental freedoms through the instruments of the constitutional justice.

Criza statului de drept în perioada actuală. Perspectiva UE

Author(s): Iulian Nedelcu / Language(s): Romanian Publication Year: 0

In the European construction, the rule of law is considered the foundation of all the values on which the European Union is based, and its observance is an indispensable condition for the observance of the other values of the Union, in other words, of its existence. In Article 2 of the Treaty on European Union, we find the rule that the rule of law is one of the fundamental values on which the Union is founded, which is joined in the text by respect for human dignity, liberty, democracy, equality and respect for human rights, including the rights of persons belonging to minorities. Given the importance attached to this principle, it is a natural concern to keep it unaltered and to ensure that its compliance, organization and implementation by all Member States are equal at all times. In recent years, in various states, against the background of complex external situations and due to the economic crisis felt worldwide, there have been political actions considered to be "at the limit of the law", which were considered to affect the rule of law. All this has forced the Union to take concrete measures to strengthen the rule of law in order to prevent democratic slippages that could jeopardize the security of European construction.

Healthcare Cybersecurity Vulnerabilities

Author(s): Ryan DRAKE,Evan RIDDER / Language(s): English Publication Year: 0

The healthcare industry sector is often considered a soft target for malicious actors. Having a large attack surface coupled with a focus directed toward patient care rather than security, often health organizations haven’t taken the necessary precautions to secure patient data or access to medical devices within their infrastructures. As the severity and the associated costs of cyber-attacks on entities within healthcare organizations continue to escalate, an increased effort within this industry to mitigate the risks associated with these vulnerabilities is necessary. This study seeks to present the most common types of healthcare attacks and their mitigation methodologies. Additionally, a discussion of how compliance with the GDPR in the European Union and the HIPPA regulation in the United States can positively affect a healthcare organization’s defensive posture.