Aspecte legale privind licitaţiile de artă online

Author(s): Vlad Vieriu / Language(s): Romanian Issue: 4/2021

Lato sensu, the moveable cultural heritage overlaps a much wider area of our cultural life, much more than the strictly technical dimension of objects which are listed in the national moveable cultural heritage. The contemporary human civilization is interested, now more than ever, in its cultural life. The circulation of cultural property has intensified with the increase in the interest in culture, in the light of a peaceful and prosper post war period. The technical means have allowed the remote management of rights on cultural property, and its peek was reached when the conclusion of legal acts turned into a necessity during the pandemic. Thus, a specific universe of on-line art auctioning came to light, and its legal particularities are of current interest.

Tehnologia blockchain în executarea contractelor de publicitate comercială online

Author(s): Aura-Elena Amironesei / Language(s): Romanian Issue: 4/2021

The contractual relationships in virtual space have acquired a new dimension which is inevitably marked by the unprecedented technological advance. The new technologies tend to replace the human input in the execution of contracts, especially the ones involving a virtual performance, preventing human errors and frauds. Online advertising contracts do not stand as an exception from breaches of contract, neither from digital types of fraud. In this context, the new technologies, especially the blockchain technology, appear to be a solution for the full performance of the contractual terms that are embedded in a smart contract. The traditional contractual elements are transposed into lines of code which become the law of the parties in online advertising, and cryptocurrencies along with tokens become a replacement for the traditional price paid in money.

Formal requirements for authors of project information cards

Author(s): Jacek Krystek / Language(s): English Issue: 34 (2)/2021

The formal requirements for authors of environmental impact assessment reports have changed over time. At present, such authors are required to demonstrate specific education or professional experience. A project information card is a similar document to an impact assessment report, drafted during an environmental impact assessment. Unlike in the case of impact assessment reports, at present, authors of project information cards are not obliged to meet any formal requirements. Despite the different formal requirements applicable, both these documents can constitute grounds for issuing decisions on environmental conditions. This may allow circumvention of the main idea behind introducing formal requirements for authors of environmental impact assessment reports, i.e. the improvement in the quality of environmental studies. Therefore, if legal regulations require authors of environmental impact assessment reports to meet certain formal requirements, why should the same requirements not be demanded from authors of information cards which form the grounds for issuing decisions on environmental conditions?

Mateusz Tomczyk – Karalne przywłaszczenie autorstwa, C.H. Beck, Warszawa 2020

Author(s): Michał Gałęski / Language(s): Polish Issue: 35 (3)/2021

INTERESTS PROTECTED UNDER THE POLISH LAW ON COMBATING UNFAIR COMPETITION

Author(s): Jakub Kępiński / Language(s): English Issue: 2/2020

The article concerns the problem of determining the relationship between the Polish Act on Combating Unfair Competition of 1993 and the Polish Act on Combating Unfair Market Practices of 2007. The problem arose when the Unfair Commercial Practices Directive was implemented in the Polish system in 2007. The Directive is based on the division, which was not known in the Polish Act on Combating Unfair Competition, relating to business-to-business (B2B) and business to-consumer (B2C) relationships. The adoption of such an artificial division has raised numerous problems of interpretation. A better solution would be to adopt in subsequent legislative works the criterion of protected interests, which are the basis of each of the analysed legal acts. Consequently, it will be necessary to introduce legislative changes to the Polish Law on Combating Unfair Competition.

Działalność Rzecznika Praw Lekarza w okręgowej izbie lekarskiej w świetle przepisów prawa

Author(s): Sebastian Stykowski / Language(s): Polish Issue: 36 (4)/2021

The professional self-government of doctors, striving to defend the individual and collective interests of doctors, appointed the Ombudsman for Doctors’ Rights, following the example of the Patient Ombudsman. Persons acting as doctors’ advocates are appointed within the structure of each medical chamber. Due to the lack of statutory regulations, until recently, this function was limited to organizing legal advice or applying to the chamber’s organs for taking specific positions on the issues of violating the rights of doctors. The aim of this article is to analyze and assess the real competences of the Ombudsman for Doctors’ Rights as an entity appointed by a resolution of a medical chamber, and not by a normative act, and to indicate whether such an entity is actually necessary in the structures of medical chambers and whether it should be introduced to such structures, and, consequently, whether it requires statutory regulation. The research method applied is based on the analysis of the current legal status regarding the professional self-government and of its possibility to perform tasks given to it by the legislator. The method also intends to formulate possible de lege ferenda postulates.

Ogólnopolska konferencja naukowa „5 lat funkcjonowania Europejskiej Straży Granicznej i Przybrzeżnej”, Szczecin, 24 czerwca 2021 roku

Author(s): Agata Szwed / Language(s): Polish Issue: 36 (4)/2021

Problematyka wyznaczania rynku właściwego w przypadku rynków wielostronnych na przykładzie platform cyfrowych funkcjonujących w ramach rynków dwustronnych

Author(s): Agnieszka Anusz / Language(s): Polish Issue: 1/2021

The article analyses the process of defining the relevant market, with reference to digital entrepreneurs who operate on two-sided markets. The article presents a description of two-sided markets, including their basic features, such as network effect and price structure. These aspects are then analysed in the context of three factors of the relevant market: relevant product market, relevant geographic market, and temporal relevant market. The article leads to the conclusion that a temporal relevant market should be determined each time when considering online multiside markets. The article also analyses the so-called gatekeepers, that is entrepreneurs creating markets on which they also define the market conditions. Moreover, they do not always compete on the markets which they have created. In the case of gatekeepers, the article leads to the conclusion that the legal construction of abuse of market position should be sufficient; however, further regulation of gatekeepers may be necessary in the future.

CONVENTION FOR INTERNATIONAL SALE OF GOODS AND THE INTERNAL LAW

Author(s): Majlinda Belegu / Language(s): English Issue: Special/2021

Vienna Convention is one of the most important conventions on trade of goods. It is one of the unified conventions on transport of goods from a country to the other. This convention had a unification effect towards unifying the obligatory law in the entire world. It has directly influenced the international trade and the transport of goods as well as the relationships between countries on the trade and the transport. It had influenced a lot the interstate relationships related to the free market and the customs and their unification, especially those between neighboring states that aspire membership in various international organizations. Hence it has achieved to unify the civil law in the entire world which was not achieved by drafting a Civil Code in Europe even though it was an attempt. Vienna Convention has its structure which is divided into several articles that are part of most of the domestic legislations in the countries of Europe. The author using methods of comparison analysis, systemic analysis and the historical analysis tries to analyze the impact of Vienna convention in the Kosovo positive domestic legislation.

Библиотеката на СЮБ представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 10/2021

Economic Regulation, Institutions and Entrepreneurship: Perspectives from the Experience of States in Transition

Author(s): Delia-Raluca Șancariuc / Language(s): English Issue: 1/2022

The present paper analyses the evolution of entrepreneurship in former communist countries during their transition to a market economy, seeking to identify the rules, regulations and institutions that influenced this evolution. I start by exploring the theoretical link between regulations, transition, and entrepreneurship, concluding, based on existing literature, that there exists a “vicious circle” between the three elements, which are strongly interlinked. I then observe this relationship in practice, by focusing on the case of the former communist countries from Eastern Europe and Central Asia. I analyse the interplay between data on the intensity of business activity, and multiple measures of regulations relevant for entrepreneurship in the above-mentioned countries, carrying out comparisons and attempting to draw inferences on causality. I show that the quality of regulations matters for business success, and good rules such as the protection of private property, reduced bureaucracy, low tax rates, and the control of corruption are crucial for supporting entrepreneurship.

Competition Issues in the Croatian Seaport Sector Regarding the Provision of Nautical Tourism Services

Author(s): Božena Bulum,Marija Pijaca,Željka Primorac / Language(s): English Issue: 24/2021

In the last decade, services in nautical tourism in the Republic of Croatia have been provided not only in marinas and other facilities intended for nautical tourism by the relevant domestic regulations, but also in other types of ports, such as public ports and sports club ports. Although marinas and public ports provide the same services i.e., berthing services for nautical tourism vessels, different corporate tax regimes apply to these two types of seaports. The first part of the paper gives an overview of the legal rules regulating seaports in Croatia. Subsequently, the competitive positions of marinas and public ports on the market of nautical tourism services in Croatia are examined. In this context, the case law of the Court of Justice of the EU on undertakings and State aids in the form of corporate tax advantages granted to port authorities is outlined. In addition, past enforcement of competition rules in the Croatian nautical tourism sector is analysed. Finally, de lege ferenda proposals are submitted, which might, in the author’s view, contribute to the creation of a level playing field for port operators providing nautical tourism services in Croatia.

Protection of Consumers in the Sphere of an Air Carrier’s Responsibility in the Event of a Flight Cancellation Due To a Strike of the Air Carrier’s Employees. Case Comment to the Judgment of the EU Court of Justice of 23 March 2021 Airhelp (C-28/20)

Author(s): Cezary Banasiński / Language(s): English Issue: 23/2021

The case annotation discusses consumer protection in the sphere of an air carrier’s liability for damages arising from a strike of its pilots, which was treated by the carrier as an extraordinary circumstance exempting the carrier from the obligation to pay compensation in the event of a flight cancellation. The Court of Justice interpreted the definition of ‘extraordinary circumstances’, both ‘internal’ and ‘external’ to the activity of the operating carrier, as the premise obliging or releasing the carrier from its liability.

The 16th ASCOLA conference, a Panel on ‘Career Challenges: How to make and maintain an academic career (not just as a woman)’, virtual, 1-3 July 2021

Author(s): Jurgita Malinauskaite / Language(s): English Issue: 23/2021

It has been another difficult year affected by the pandemic outbreak. This meant that for the second time the ASCOLA (Academic Society for Competition Law) Annual Conference had to be held virtually. ASCOLA brings together numerous researchers and scholars from all continents with an interest in antitrust law, economics and policy. The 16th ASCOLA Conference, held virtually on 1–3 July 2021, led by the ASCOLA Executive Board, Michal Gal, Rupprecht Podszun and Peter Picht (plus their respective teams), had over 120 talks from inspiring speakers from all over the world. The main theme of the conference was Competition and Innovation in Digital Markets, with the focus on the application of competition laws (covering both developed and developing countries) in digital markets ensuring competition and/or innovation. Given that digital markets encompass platform-based business models, multi-sided markets, network effects and economies of scale and scope as well as other phenomena, they pose more complex competition issues. Therefore, the discussions also centred on the extent to which ex-ante regulatory tools should be introduced to promote competition in digital markets (namely the EU’s current proposals for the Digital Markets Act and Digital Services Act). Any competition law related matters will not be conclusive without the input of economists. Specifically, the keynote speech was presented by the economics Professor Carl Shapiro (‘Antitrust: What went Wrong and How to Fix it’); moreover, an Economic expert Panel took place, consisting of two panellists – the renowned innovation economists Richard Gilbert (Berkeley) and Monika Schnitzer (Ludwig Maximilians University), the panel was moderated by Tommaso Valletti (Imperial College, London, and former chief economist of the EU Commission’s DG Competition).

ALTERNATIVE DISPUTE RESOLUTION AND INDIVIDUAL LABOUR CONFLICTS: A DIFFERENT WAY OF MANAGING ORGANIZATIONAL DISPUTES

Author(s): Dana Volosevici / Language(s): English Issue: 2/2021

Organizational conflict as is considered legitimate and inevitable and may constitute a positive indicator of effective organizational management. This paper aims to analyse the legal provisions which establish the alternative dispute resolution methods and procedures regarding the individual labour conflicts through conciliation and mediation.

Trgovački sporovi u Bosni i Hercegovini: osvrt na sudove, stranke, predmete i dokumente ranog postosmanskog perioda

Author(s): Mehmed Bećić / Language(s): Bosnian Issue: 20/2021

The transformation of the commercial court system in Bosnia and Herzegovina during the second half of the 19th century took place in two different legal and political contexts. The first is Tanzimat - during the Ottoman rule, and the second is the reform under Austro-Hungarian occupation. In both of these contexts, there was a break with the previous order and the reception of new and foreign legal models. Despite such a dynamic development of commercial law, the modern legal and legal- historical literature has not dealt with this phenomenon in detail. The organization and work of commercial courts have been exclusively the subject of incidental historical reconstruction in older literature, but also in some new studies with a historical approach and content. However, legal-historical analyzes of specific court proceedings and judgments of commercial courts in Bosnia and Herzegovina have been completely absent. Given the above-described gaps in the existing literature, this paper seeks to take the first steps in elucidating commercial litigation and the development of commercial law in Bosnia and Herzegovina during the last decade of Ottoman and the first five years of Austro-Hungarian rule.

ARBITRAŽNO RJEŠAVANJE PRIVATNOPRAVNIH TRGOVINSKIH SPOROVA S ELEMENTOM INOSTRANOSTI U PRAVNOM SISTEMU BOSNE I HERCEGOVINE

Author(s): Emir Sudžuka,Nataša Halilović / Language(s): Bosnian,Croatian,Serbian Issue: 4/2013

Disputes settlement arising from transactions with private-elements is complex issue that is particularly concerned with the theory of Private International Law. In addition to the conflict of laws, transactions with foreign element inevitably lead to conflicts of jurisdiction of the courts of various states in the settlement of disputes (conflict of jurisdictions). One of the basic principles of international relations is the principle of national sovereignty. Accordingly,each sovereign state could subjected to competencies of their bodies any cases before them, including those that are factually related to foreign countries. In doing so, the character and factual connections with foreign sovereignty are not essential. Such a concept of jurisdiction, states generally do not practice. For international business transactions, the way of resolving disputes is very important. Arbitration to settle disputes is one of the specificities of modern private legal relations with a foreign element. They are often used in practice. As an alternative means of dispute resolution in practice, arbitration is proved to be more efficient for the parties to the dispute, and this method of dispute resolution in contemporary private transactions are increasingly used in our legal system.

SUZBIJANJE PRIVREDNOG KRIMINALA I KORUPCIJE NA TRŽIŠTU KAPITALA REPUBLIKE SRBIJE

Author(s): Milan Milošević,Mirjana Stanimirović / Language(s): Bosnian,Croatian,Serbian Issue: 5/2014

Understood in its original meaning as "corrupting society" corruption since ancient period considered reverse face of social development. Manifesting itself in various forms, corruption eventually penetrated deeper into the so-called. Corridors of power apparatus states that in the present conditions rose to the level of the most serious threats to democratic order and the realization of the rule of law. In terms of developed market economy and the stock exchange business, corruption is more important exhibits in the form of so-called. insider trade as one of the most striking forms of economic crime in the securities market. Accordingly, Capital Markets Act of the Republic of Serbia 2011th year provides new crimes, with the aim of preventing corruption and the introduction of greater discipline, principles and responsibilities of entities involved in transactions of securities, especially stocks. It is believed that all three new charges in the function of additional investor protection, securing a fair, efficient and transparent capital markets and reduce systemic risk in the capital markets, and that a special importance in this context has a felony of use, discovering and recommending insider information from member 282 said Law, who was conceived by the Austrian model.

KORUPCIJA U VEZI SA PRIVATIZACIJOM PREDUZEĆA – SITUACIJA U REPUBLICI SRBIJI

Author(s): Zdravko Skakavac,Tatjana Skakavac / Language(s): Bosnian,Croatian,Serbian Issue: 5/2014

Corruption is a universal social phenomenon, because it is present in all countries, in all systems and all states are working to prevent and control it. Corruption still remains the biggest obstacle to the efficient functioning of a modern state. In the Republic of Serbia, corruption is not only present in all spheres of social life, it is also very widespread, that why it is among the countries with high level of corruption. They are very numerous and diverse etiological and phenomenological aspects of its manifestation. Privatization of state-owned companies in Serbia after the year 2000th has contributed to the expansion of specific instances of corruption. They came to the fore a number of negative effects of privatization, which will in this paper be discussed.

KORUPCIJA U POSLOVNIM TRANSAKCIJAMA IZMEĐU JAVNOG I PRIVATNOG SEKTORA

Author(s): Vasko Stamevski / Language(s): Bosnian,Croatian,Serbian Issue: 5/2014

In the public and private sectors, can be indicated numerous problems and opportunities referring to various abuses, including: public spending of budget funds of state institutions (with a tendency of budget overflow through public-private partnerships or concessions in the private sector), budget spending (public procurement) in a transparent manner but with selectivity and various privileges. The public sector has an important role in the modern society. There are several important factors that affect its functioning, including a completely decentralized management of public assets. The centralized management system of public assets permits too high concentration of power among individuals, so authorized persons undertake the obligation on behalf of the institution. Also, the lack of relevant guarantees for the consistent implementation of operating procedures creates legal and factual uncertainty, not only for the citizens, but also for employees in the public administration. It is important to add that a numerous public administration institutions do not have a proper established system of risk assessment point, in terms of subjection to corruption, which directly affects the capacity and effectiveness of control mechanisms in preventing and detecting the corruption, which is a major handicap in their work.In the private sector there are areas in which the corruption preventive tools are poorly developed such as the insufficient information about the law on protection of competition, the capacity of the Commission for protection of competition law to implement the law, as well as the lack of transparency of sponsorship, behind which hides the possibility of corruption, abuses, public procurement, etc..