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In November 2014, the Consumer Financial Protection Law entered into force in Federation BIH. The basic intention of the legislator was to achieve complete compliance with primary and secondary sources of EU law governing the issue of consumer protection, respectively users of financial services, and in particular with Directive of the European Union 93/13 / EEC from 5th April 1993, with Directive 2005/29 / EC of the European Parliament and of the Council from 11th of May 2005 and Directive 2006/114 / EC of the European Parliament and of the Council from 12th of December 2006. In the respective Act, special attention was paid to prohibiting unfair terms in consumer contracts, misleading commercial practices and the obligation of consistent implementation of good faith principle. The author analyses the actual level of compliance in regard to the relevant regulations of the European Union, and on the basis of empirical experience in the implementation of this law through the entire banking business, analyses the existing regulations and makes proposals for future legislation that will improve the protection of both, consumers and providers of financial services. Special attention in the work is drawn to provisions that have a direct impact on the protection of contracting unfair contract terms.
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Among the institutions and bodies of the European Union functions scientific committees whose task is to provide the experts knowledge in selected areas. The purpose of the committees appointed by the European Commission is to protect consumer safety, public health and the environment. One of them is exceptionally important because of its role in the assurance of cosmetics safety in EU - it is Scientific Committee on Consumer Safety (SCCS). Since the year 1968, that is for more than 40 years, SCCP [under varying names] provides scientific advice to the European Commission on the safety of cosmetics. The new staff of the Committee for the period 2013-2016 was elected in April 2013, with Professor. Thomas Platzek at the head. SCCP plays an important role under the new Regulation on cosmetics, which entered into force in July 2013 as an independent body of experts who assist the European Commission and can on a current basis react on dynamic development of cosmetic industry. Purpose of this research is to specify general tasks, obligations and key decisions of SCCS which has the most important impact on building consumer safety on the sectorial, branch legal regulations on the field of cosmetic law.
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In this paper the author writes on one topic which is not writen about so far at us. It is word on appearance that during harmonization of domestic regulations with the law of European Union, law of the EU is very often uncritically transposed into domestic legal order. As a consequence, i.e. due to that it is not posible to realise some human rihgts, and in practice it leads to the violating of these rights as well. This thesis is corroborated by example from Republic of Croatia. In central part of the paper domestic legal institute of default judgement is subjected to the constitutional-legal critique in a way which points out unconstitutionality and irationality of that institute. In the final part the author has given proposals how to remove such irregularities in a way which enables harmony in domestic legal order and it is not contrary to the legal heritage of European Union.
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The analysis presented in the article argues that procedural justice in EU law should be perceived as intricately linked to a court which in turn must be seen through the institutional and procedural prism. This determines the court’s position in the system of legal protection, qualities and duties of judges. The latter puts emphasis on procedure which is understood as a unique combination of procedural features and principles. There is no universally good procedure, just as there are no universal components of a court. This is context – and system – sensitive. It is important to bear in mind that today we deal with a fundamental shift from independence and impartiality as classic attributes of judicial office to second and third generation duties that make up and differentiate judges from other officers and administrative adjudicators leading up to novel „right to a good judge”.Being „good” goes beyond independence/impartiality and encompasses new judicial qualities. Finally, procedural justice in EU law should be seen as a function of dynamism and ever-changing nature of EU law itself. We should concern ourselves not only with the boat(„judge” and “procedure”) but first and foremost with the journey itself that is “procedural justice in action”.
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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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Lithuania like other European countries is experiencing demographic process of aging. The situation when the older population is growing and outnumbers the younger population strongly influences, among other things, the labour market. The necessity to overcome the negative effects posed by the aging process, particularly by ensuring wide and active participation of older people in the labour market, is determined not only at the national but also at the European and international levels. Therefore the aim of this article is the formation and reflection of the legal discourse of aging in international and European legal sources, identifying the legal measures, used to eliminate or at least mitigate the threats of the aging population to the stability of the labour market.The conducted analysis shows that at the international and European Union levels the problem of an aging population was matured and fell into a political agenda at the similar time i.e. in the period between 1970 and 1980. However, the labour market problems caused by the aging population are solved not in the same way. The documents by the United Nations, the International Labour Organization and the Council of Europe, enacted to solve this problem, do not directly create binding obligations and leave the decision making and implementation for national legislators. Meanwhile the impact of aging on the legal policy of the European Union has evolved. If at the first phase (1957-1997 m.) it was also limited by declarations, then after the Amsterdam Treaty European Union competences has been enlarged and this shift has led to the establishment of the compulsory legal rules for Member States. On the other hand existing EU legal rules allow Member States a wide discretion to carry out the policy of the aging by their own selected means. Over the time the content of the aging regulation has also evolved: from the protection of elderly that long dominated in the discussions of aging, the focus has shifted to the emphasis of intergenerational solidarity and prohibition of the age discrimination.
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This article explores the concept of direct effect of the European Convention on Human Rights. In order to discuss this and related issues the authors have selected two opposite approaches to direct effect of the ECHR, the one of the Italian Constitutional Court and the other of the Serbian Court of Cassation as manifested in two similar cases – Scordino and Crnišanin. The two opposite approaches might show how distinct international legal traditions of the two countries (dualist and monist) addressed the direct effect of the ECHR. While the response of the Italian Constitutional Court has been at the expense of legal economy and efficiency, the response of the Serbian Court of Cassation has been to neglect democratic element in determining the relationship between an individual and a general interest in human rights protection. The authors challenged both approaches with suggestions how deficiencies of both systems can equally be addressed despite their differences by relying on the concept of direct effect that was engineered by the European Court of Justice.
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Emotions play a very important role in the search for dispute resolution, but very often are neither understood nor effectively addressed by the parties to the dispute, also not properly controlled and managed by the professionals that are helping the parties to reach peaceful dispute resolution. The effective negotiator or mediator must take into account not only the economic, political and physical aspects of the process, but also the emotional tenor of themselves as well as that of all of the parties.This paper has three objectives: to define emotions and their role in solving legal disputes by the means of negotiation and mediation processes; to outline main elements of the process of developing emotional intelligence as they play out in the mediation and negotiation processes; and to explore some of the mechanisms for addressing and optimizing the emotional climate in negotiation and mediation processes. The object of the research – emotions in the processes of legal dispute resolution – negotiation and mediation.The research is composed of introduction, three parts and conclusions. Introduction provides a brief overview of the object of that research and its goals, part one describes emotions and their roles in negotiation and mediation processes, in part two four elements to develop emotional intelligence are overviewed and in the third part analysis of mechanisms for addressing and optimizing the emotional climate of negotiations and mediation are presented. The conclusion gives main ideas of the assignment of that work in brief.
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The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.
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The freedom of the press is very highly placed in hierarchy of values legally protected in nationaland international legal order. The manner and scope of the protection of the freedom of the press isdetermined not only by the standards of domestic law, but, above all, the standards of international law. They set the standard of freedom of the press binding on the countries which are signatories of international agreements on which this standard has been established. Any violation of the European standard of freedom of the press constitutes the reason for incriminating a particular state and justifies the application of the recourse for compensation against it. The aim of the article is to examinethe changes occurred within the European law in the sphere of protection of freedom of expression. In particular, it is aimed at pointing out the process of giving up the model of absolute freedom ofthe press in favour of the conditional model proposed in domestic legal systems of Member Statesof the Council of Europe. An analysis is made of both historical and current case law of the European Court of Human Rights. The author also identifies the relationship between the position taken by the Court of Human Rights and the views expressed by the Court of Justice of the European Unionon the basis of the Charter of Fundamental Rights.
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This paper discusses the legal rules governing the time limits of application of criminal legislation in adjudicating international crimes before the courts in Bosnia and Herzegovina. The author points out to the existence of two different criminal law regimes which are used against the criminal offenders: the first one is used by the courts of the B&H Entities and the Brčko District, where these rules are applied consistently and the criminal offenders are awarded prison sentences within the penal framework envisaged in earlier criminal codes, including the so-called interim laws; the second one is applied by the Court of Bosnia and Herzegovina which, in compliance with the B&H Criminal Code of 2003, may award long-term imprisonment of up to 45 years for the commission of these criminal offences even though this penalty did not exist in the B&H criminal law at the time when the acts were committed. In particular, the paper focuses on the legal issue arising from the European Court of Human Rights (ECtHR) judgment in Maktouf and Damjanovic vs. Bosnia and Herzegovina (18 July 2013), where the Court established a violation of Article 7, paragraph 1 of the European Convention on Human Rights (ECHR). The author discusses the common standpoint that the judgment removed all misunderstandings concerning the application of these rules; considering that such conception is unjustified, the author identifies a number of other outstanding problems which occurred in the application of these rules after rendering the above judgment. The author specifically considered the criminal provision on Crimes against Humanity as envisaged in Article 172 of the B&H Criminal Code, which the B&H Court regards as a new criminal offence which is envisaged in Article 7, paragraph 2 of the ECHR. The author believes that such application of this criminal offence is unjustified. Upon providing an analysis of the elements of crime constituting the legal nature of this criminal offence, the author concludes that it is not a completely new criminal offence; for this reason, it may not be subject to this provision, i.e. the punishment shall not be imposed by relying on the basis of general principles of international law.
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The article is devoted to the legal analysis and determination of the peculiarities of the definition «trademark» both in the European Union legislation and the scientific literature. The main purpose of the article is to identify the concept, essential features and functions of the trademark and meaning of the term «trademark» in the European Union legislation. In order to achieve the goal, the main attention in this article is given to the comprehensive study of the trademark definition in the European Union legislation and the scientific literature, the definition of essential trademark features,the study of the legal nature of the trademark.The article analyzes the establishment of supranational legal norms of the trademark use and protection in the European Union. Also, on the theoretical level,the main features of ensuring the circulation of a trademark in the European Union are highlighted. Functions of a trademark are observed as obligatory means of individualization of goods and services, consumer protection from counterfeit analogues of goods.A scientific analysis of the notion «certification mark» was conducted and the main specifications of the European Union certification mark were determined. The article provides with the legal definition of the certification mark and compares the trademark and the certification trademark in order to clearly differentiate them.As a result of the study, the essential features of a trademark are distinguished,distinguishing it from other means of individualization and results of intellectual activity
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Over 800 pedestrians are killed in road accidents in Poland every year. Inadequate visibility, especially at night, is a main cause of these accidents. Retro-reflective accessories, which reflect the light of car headlights towards their source are effective in improving road workers’ and pedestrians’ visibility. This article discusses the legal requirements for marketing retro-reflective accessories, for their construction, limitations in use and technical requirements set out in a European standard.
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Today, children are among the main internet users.They use the internet in their everyday life to perform various activities.The activity on their part raises the acute need to familiarize them with the risks and dangers online.This research highlights the good practices of EU Member States to provide the much needed, especially for children, cyber-security and presents opportunities for its improvement.
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State immunity is based on the principle of sovereign equality of all states which is one of the main principles of international legal order. Predominant jurisprudence of national courts as well as international courts and tribunals follows the position that in case when a claim is submitted in a court in the forum-state due to war crimes and crimes against humanity, a foreign state possesses state immunity which excludes jurisdiction of national courts. There is a strong tendency in international law to limit state immunity and exclude from its scope claims concerning the aforementioned crimes, in case they were committed on the forum-state’s territory). However the International Court of Justice assumed that the immunity is of a procedural nature and it has to be evaluated in each case on the day of adjudication. Hence, in future cases relating to war crimes and crimes against humanity may be considered in forum-state’s courts.
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It must be observed that a quality wine is a very specific product. Its particular qualities and characteristics, which result from a combination of natural and human factors, are linked to its geographical area of origin and vigilance must be exercised and efforts made in order for them to be maintained. (Court of Justice of European Union, Rioja Wine Judgement)1 The present paper will consider some of the most relevant judgements of the Court of Justice of European Union regarding wine. Coincidentally or not many of these cases are also landmark decisions of the European Union law. The purpose of this paper is to present the variety of European Union law areas enriched through the Court wine judgments: intellectual property, free movement of goods, fiscal barrier to trade, EU legal order, fundamental rights, public health and external relations. Surveying the wine jurisprudence of the Court of Justice of European Union resembles a wine testing. One can sense the savours rich bouquet that the case law expresses, on strong cultural choices, policies, lifestyle or identity at national and European level.
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The choice, for analysis, of this theme is, from the point of view of importance, extremely challenging. Not infrequently, the institutions invoked (those involved in such a process) are the most different, from the European Council, continuing with the Council, the European Parliament, the Commission and ending even with the presidency of the courts (The Court of Justice and the Tribunal), respectively the European Central Bank and the Court of Accounts. Opinions are the most different, especially when it comes to the answer that should be given to the question: who is answering the telephone of the European Union, especially after the entry into force of the Treaty of Lisbon. It is, moreover, the problem we are trying to clarify in this approach, with arguments. Sometimes, in a totally inappropriate way, the presidency of the Council of Europe is also invoked.
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This paper aims at signaling the future legislative modifications and amendments in the matter of civil status acts, still at under discussions in the Bill for the modification and completion of Law no. 119/1996 regarding civil status acts, republished , as well as for the abrogation of the Government Ordinance no. 41/2003 pertaining to the administrative modification and assignment of individuals’ names . The Bill has been subject to public debate and later approved by the Superior Council of the Magistracy.The new normative act aims at creating the legal framework for the implementation of the project regarding the creation of the Integrated Computer System for the Issue of Civil Status Acts (SIIEASC), carried out by the Ministry of Internal Affairs, which will establish the electronic form for drawing up civil status acts, while ensuring the required computer network at a national level. The purpose of the new regulations is to harmonize the Romanian legislation in the field with the European legislation, given that Romania’s adhesion to the European Union in 2007 implicitly triggered an increase of the international private law legal relationships. The bill aims at decentralizing certain activities by the transfer of attributions from the competence of public central administration to the competence of local public administration authorities, which will result in a decrease of the time required to settle a petition regarding civil status acts. Furthermore, the new law will also include the provisions of Government Ordinance no. 41/2003 for the administrative assignment and change of individuals’ names, a normative act that it will also abrogate. To this purpose, the bill stipulates a simpler procedure for changing a name and, at the same time, a shorter time for this endeavor and, with regards to the first name, parents won’t be allowed to register more than three first names for their children.
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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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