The paper aims to detect a general criterion for application of economic analysis of law in the EU Competition Law. In that purpose historically important decision the European Court of Justice in ...the United Brands case is analysed. Judicial decision is elaborated within the framework of analytical steps that are usually applied in the EU competition law. Thus paper can also serve in didactical purposes. General criterion for the application of economic analysis of law detected by the paper is an emanation of the adversarial principle in the procedural law.
The paper aims to detect a general criterion for application of economic analysis of law in the EU Competition Law. In that purpose historically important decision the European Court of Justice in ...the United Brands case is analysed. Judicial decision is elaborated within the framework of analytical steps that are usually applied in the EU competition law. Thus paper can also serve in didactical purposes. General criterion for the application of economic analysis of law detected by the paper is an emanation of the adversarial principle in the procedural law.
The Company Law universally requires shareholders to participate in meetings in order to formulate a set of corporate acts. Although provisions allowing the possibility for virtual shareholder ...meetings have already been implemented in many legislations, the COVID-19 crisis has given this relative legal novelty a status of paramount regulatory importance. The post-crisis regulatory development of the field in light of the process of digitalisation is the subject of this paper. The paper firstly gives an overview of the academic debate on the subject with a focus on the pandemic. Then, it continues to produce a comparative overview of virtual general meetings regulations in selected jurisdictions, namely Switzerland, Italy, Germany, U.S. state of Delaware and the European Union Company Law. Prior to the pandemic, the Croatian Company Law encompassed the possibility for hybrid virtual general meetings of shareholders if stipulated in company bylaws. The aforementioned possibility was used in Croatia for the first time during the outbreak of the COVID-19 crisis. The conclusions of the paper produce general recommendations for regulatory policy in this field with an emphasis on the European and the Croatian Company Law de lege ferenda.
Temeljni cilj rada je da kroz primjer konkretne odluke indicira opći kriterij za primjenu ekonomske analize prava u primjeni europskih pravila o zaštiti tržišnog natjecanja. Rad pruža prikaz presude ...Europskog suda u predmetu United Brands koja je bila važna za interpretativni razvoj pravila o zloupotrebi vladajućeg položaja poduzetnika u pravu tržišnog natjecanja Europske unije. Odluka je prikazana kroz analitičke korake koji se inače primjenjuju u primjeni europskih pravila o zaštiti tržišnog natjecanja pa rad može poslužiti i u didaktičke svrhe. Indicirani opći kriterij za primjenu ekonomske analize prava emanacija je raspravnog načela iz procesnog prava.
The Court of Justice of EU has established very early in its history direct vertical effect of Treaty provisions on free movement of goods. However, direct horizontal effect of the same rules has ...never been recognized. This paper furthers a following thesis: hypothetical future recognition of direct horizontal effect of the Article 34 and 35 TFEU (prohibition of quantitative restrictions on imports and exports and all measures having equivalent effect) would reshape European Economic Constitution and provide basis for more ordoliberal reading of the Treaty. Viewing market freedoms as fundamental constitutional rights on which individuals can rely in private relations is logical consequence of such interpretation. This paper looks to the case law development, like the recent judgement in the Fra.bo case, to detect possible shifts from established jurisprudence in non recognizing horizontal direct effect of the free movement of goods rules.
The paper explores normative substance of the new Package Travel Directive (2015/2302/EU) and its influence on the Croatian Tourism Law. The new Directive was adopted on 25 November 2015, European ...Union Member States had to transpose it by 1 January 2018 and it is applicable from 1 July 2018. Internet as increasingly important medium for travel services resulted in surge of various forms of customized travel arrangements and rendered provisions of the old Directive obsolete to the needs modern tourist market. Although 23% of EU travellers still purchase traditional, pre-arranged packages, more and more either buy different parts of their trips separately or buy customized holidays, which are put together by one or more commercially linked traders to suit their needs and preferences. Vast majority of travellers buying packages and linked travel arrangements are consumers within the meaning of the EU Consumer Protection Law. Thus, new Package Travel Directive should result in the enhancement of the consumer protection. New legislation will extend protection of the of the 1990 EU Package Travel Directive to cover not only traditional package holidays, but also give clear protection to 120 million consumers who book other forms of combined travel. Scope of the new Package Travel Directive is substantially wider than the scope of the old Directive. The new Package Travel Directive applies to packages offered for sale or sold by traders to travellers and to linked travel arrangements facilitated by traders for travellers. The new Directive broadens the concept of package and now will apply to different sorts of travel combinations: pre-arranged packages; customised packages and linked travel arrangements. This paper elaborates on normative and substantive influence of the new Directive in Croatian Tourism Law. Following comparative legal overview current Croatian legislation of package travel including applicable sections of the Civil Obligations Act will be inspected.
The paper explores normative substance of the new Package Travel Directive (2015/2302/EU) and its influence on the Croatian Tourism Law. The new Directive was adopted on 25 November 2015, European ...Union Member States had to transpose it by 1 January 2018 and it is applicable from 1 July 2018. Internet as increasingly important medium for travel services resulted in surge of various forms of customized travel arrangements and rendered provisions of the old Directive obsolete to the needs modern tourist market. Although 23% of EU travellers still purchase traditional, pre-arranged packages, more and more either buy different parts of their trips separately or buy customized holidays, which are put together by one or more commercially linked traders to suit their needs and preferences. Vast majority of travellers buying packages and linked travel arrangements are consumers within the meaning of the EU Consumer Protection Law. Thus, new Package Travel Directive should result in the enhancement of the consumer protection. New legislation will extend protection of the of the 1990 EU Package Travel Directive to cover not only traditional package holidays, but also give clear protection to 120 million consumers who book other forms of combined travel. Scope of the new Package Travel Directive is substantially wider than the scope of the old Directive. The new Package Travel Directive applies to packages offered for sale or sold by traders to travellers and to linked travel arrangements facilitated by traders for travellers. The new Directive broadens the concept of package and now will apply to different sorts of travel combinations: pre-arranged packages; customised packages and linked travel arrangements. This paper elaborates on normative and substantive influence of the new Directive in Croatian Tourism Law. Following comparative legal overview current Croatian legislation of package travel including applicable sections of the Civil Obligations Act will be inspected.
The main purpose of this paper is to warn academia and general public about the inevitability of the impending global economic recession. Heuristically paper introduces concept of macroeconomic ...gambling trap within the wider context of global economic history. Macroeconomic gambling trap is then applied to the current situation. The underlying cause for the impending crisis is the growth of debt in the West. Primary progenitor of debt problem is the world’s largest debtor nation, United States. Since the 1970s and the unilateral destruction of the golden standard US political and military power guarantee status of the dollar as world reserve currency despite absence of its backing in gold. Debt explosion caused alienation of financial sector from the real economy in most western countries. The impending crisis is foreshadowed by a Great Recession (Financial crisis of 2007/2008). The Great Recession was only temporally stopped by means of unorthodox monetary policy – with quantitative easing programs and by keeping interest rates at record low, even negative, levels. However, this will make forthcoming collapse only more severe. After analysis of the influence of gold standard collapse on the outcome of the Cold War the paper utilizes specific economic indicators, such as velocity of money M2 for USD, growth in total debt, CAPE ratio for aggregate US stock market, US labour force participation and index of the Shanghai Stock Exchange to indicate the immediacy and the inevitability of the next global recession.
Interdisciplinarna i transdisciplinarna analiza pravnih aspekata Lisabonske strategije, kao ekonomske metastrategije EU-a, nije do sada bila predmetom bavljenja hrvatske pravne znanosti. Navedena ...tvrdnja se, naravno, odnosi i na nasljednicu Lisabonske agende, novu strategiju Europa 2020. Takvo stanje je i razumljivo s
obzirom na primarno ekonomsko značenje dviju metastrategija. U ovom radu autor se odlučio razraditi pravne aspekte Lisabonske strategije i strategije Europa 2020. sa stajališta uloge i pravne prirode pojma soft law odnosno mekog prava općenito te uloge i pravne prirode mekog prava unutar političkog i pravnog sustava EU-a posebice. Stoga je ovo prvi akademski članak u hrvatskoj pravnoj znanosti koji se u većoj mjeri bavi općim pravnim pitanjima glede pravne prirode i uloge mekog prava. Dio rada autor je posvetio i razradi učinaka Lisabonske strategije na zemlje koje
imaju status kandidata za punopravno članstvo u EU-u.
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