Lautsi v. Italy was a case brought before the European Court of Human Rights. The case stemmed from a request of Mrs. Soile Lautsi against the School Council of the school in Italy. She requested the ...state school to remove crucifixes from the classrooms. On 18 March 2011 the Grand Chamber of the European Court of Human Rights rendered its final judgment in the Lautsi v. Italy case. The Court declared that there had not been a violation of the European Convention on Human Rights, contrary to the judgment of the Chamber of the Second Section of November 2009. The paper analyzes the judgment of the Chamber of the Second Section Judgment of 3 November 2009 and the Grand Chamber judgment of 18 March 2011, as well as reactions following the verdicts. The paper further presents the legislative regulation in the Republic of Croatia, compared to the Italian situation. Finally, the author gives the opinion on the influence of the Grand Chamber judgment and its possible impact in future.
This article is a short overview of the supremacy of the general principles of law in the case law of the European Court of Justice with special emphasis to the Kucukdeveci case that deals with the ...protection of the fundamental rights and constitutionalisation of general principles of law. Article will analyse the constitutional changes in France and priority questions on constitutionality. Further analysis will cover joined cases Aziz Melki and Selim Abdeli and the European Court of Justice answer in the question of consistency of the priority questions on constitutionality mechanism with EU law. Finally, author will try to answer the question: is EU law in practice and today's reality supreme to the national law? PUBLICATION ABSTRACT
This article is a short overview of the international community influence and most importantly the EU role in Kosovo's independence. Background analysis will give chronological description of the ...Kosovo war and all the diplomatic work that led to the end of that war. Article will continue with analysis of the behaviour and influence of the international community in all the peace processes after the conflict as well as the creation of the Republic of Kosovo. Further analyse will cover UN Resolution 1244 and United Nations mission in Kosovo and Ahtisaari's Comprehensive proposal. Finally, explanation would be given to the path towards independence and declaration of the independence. PUBLICATION ABSTRACT
In the wake of the refugee and migration crisis in 2015, the European Union changed its legislation with a view to improving the protection of refugees, as well as children and unaccompanied minors. ...As part of the changes, the European Commission proposed the New Pact on Migration and Asylum, which drastically amends the Common European Asylum Policy. The Commission also withdrew the Proposal to amend the Dublin III Regulation on grounds of being contrary to the case law of the Court of Justice of the European Union concerning the transfer of a child to the country of first entry.
This paper considers international legal personality of the European Union. Legal personality of the Union has unbreakable ties with aspects of its legal status. Primary objects of the analyses are ...the institutional framework and external relations of the Union which lead to the conclusion that the Union is an entity sui generis. Moreover, the authors analyse the theories on Union's legal personality and in conclusion they give preference to the theory of presumptive legal personality which states that Union has an implied legal personality. The paper further deals with aspects of legal personality covered in the Treaties, from the Treaty of Maastricht to the Treaty of Lisbon. Finally, the authors analyse legal personality in practise and realise that there is no point of denying legal personality to the subject which is relevant and recognised on the international scene. PUBLICATION ABSTRACT
Pet godina primjene prava Europske unije Duić, Dunja; Petrašević, Tunjica
Godišnjak Akademije pravnih znanosti Hrvatske,
07/2019, Volume:
10, Issue:
1
Journal Article, Paper
Open access
Ulaskom u Europsku
uniju Republika Hrvatska obvezala se poštivati određena pravila 'igre' koja su
definirana i samim osnivačkim ugovorima (UEU i UFEU) i praksom Suda EU-a. U
prvom dijelu rada ...istražuju se pravni problemi s kojima se Republika Hrvatska
(dalje u tekstu: RH) susreće pri implementaciji i primjeni prava Unije nakon
što je postala punopravna članica EU-a. Cilj je prvoga dijela rada analizirati
u kojim područjima Europska komisija nalazi navodne povrede prava EU-a te će se
u tom kontekstu analizirati preporuke Europske komisije upućene RH i postupci
formalno pokrenuti na Sudu EU-a.
U drugom dijelu rada
analizirat će se primjena prethodnog postupka iz čl. 267. UFEU-a na hrvatskim
sudovima s posebnim osvrtom na prethodna pitanja koja su u proteklih pet godina
Sudu EU-a uputili hrvatski sudovi. Detektirat ćemo određene probleme i ponuditi
rješenja kako poboljšati suradnju hrvatskih sudova sa Sudom EU-a, a sve s
ciljem jedinstvena tumačenja i primjene prava EU-a.
As a result of its membership in the European Union, the Republic of Croatia has undertaken the obligation to respect the “rules of the game” as defined both by the Founding Treaties (TEU and TFEU) and the case law of the Court of Justice of the EU. The first part of the paper explores legal problems faced by the Republic of Croatia (RC) in the implementation and application of EU law following its membership in the EU. The aim of this part of the paper is to analyze the areas in which the European Commission found alleged violations of EU law. In this context recommendations of the European Commission to RC will be analyzed as well as proceedings initiated before the Court of Justice of the EU. The second part of the paper analyzes the application of requests for preliminary ruling based on Article 267 of TFEU submitted to the Court of Justice of the EU by Croatian courts over the past five years. We will focus on specific problems and offer solutions in order to improve the cooperation of Croatian courts with the Court of Justice of the EU with the aim of providing uniform interpretation and application of EU law.
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