scholarly journals New legislation of republic of Kosovo in thefield of transport

2012 ◽  
Vol 2 (1) ◽  
pp. 149
Author(s):  
Mr.Sc. Nexhat Jashari
Keyword(s):  
Legal Framework ◽  
Civil Aviation ◽  
Application Of Law ◽  
Eu Legislation ◽  
Dangerous Goods ◽  
International Report ◽  
The Law ◽  
Direct Implementation ◽  
The Eu

In this output are treated issues related to the new legislation in Kosovo in the field of transport. in particular, there is elaborated the law in force, regulations, administrative directions and other sub-legal acts issued by the Ministry of Transport Post and Telecommunication.Special importance was paid on the harmonization respectively on the approximation of the new legislation in Kosovo in the field of transport with acquis communitaire, as well as other aspects of direct implementation of the EU legislation from this field in Kosovo. It also reviewed the application of Law on Obligations provisions as lex generalis in the field of transport and recommendations are given for better and overall regulation of the field of transport, by supplementing and amending laws and by proposing the issuance of other special laws from this field.in the field of transport with international report, such as: European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), Regulations Concerning the International Carriage of Dangerous Goods by Rail (RID), Convention Concerning International Carriage by Rail (COTIF) , Convention Relating to the Contract of Carriage of Goods by Road CMR, The Convention on International Civil Aviation, - Chicago ConventionThe method used in this research is the comparative method.The result of this research is the ascertainment of the situation of new legislation in Kosovo, in relation to acquis communitaire, the effort and commitment of competent institutions for approximation with acquis communitaire .At the end as a conclusion there have been proposed the measures that should be taken in order to complete the legal framework in the field of transport.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

The law applicable to third-party effects of assignment and the conflict rules for insolvency according to EU law

2019 ◽  
Vol 24 (4) ◽  
pp. 664-684
Author(s):  
Christian Heinze ◽  
Cara Warmuth
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Third Party ◽  
Legislative Process ◽  
Insolvency Law ◽  
Ongoing Debate ◽  
Good Opportunity ◽  
Insolvency Regulation ◽  
The Law ◽  
The Eu

Abstract In March 2018, the European Commission issued its proposal for a regulation on the law applicable to third-party effects of assignments of claims, aiming to put an end to the ongoing debate on this issue and the legal uncertainty associated with it. On the basis of the Commission’s decision in favour of the application of the law of the assignor’s habitual residence, this article discusses the consequences of the Proposal under European Union (EU) insolvency law. For that purpose, the coherence of the Proposal with the Insolvency Regulation will be examined, first in general and then in more detail. The analysis comes to the result that the Commission’s objective of aligning the Proposal with the legal framework of the Insolvency Regulation has predominantly been well achieved. The authors point out remaining minor inaccuracies that may be clarified in the further legislative process or by later case law. It is concluded that, from the perspective of international insolvency law, the proposed uniform conflict-of-laws rule at the EU level offers a good opportunity to promote legal certainty with regard to cross-border assignments of claims in the future.

scholarly journals Pravo mjerodavno za povrede prava tržišnog natjecanja

2018 ◽  
Vol 39 (1) ◽  
pp. 183-214 ◽  
Author(s):  
Ivana Kunda
Keyword(s):  
Legal Theory ◽  
Competition Law ◽  
Public Interests ◽  
Eu Legislation ◽  
National Competition ◽  
Competition Laws ◽  
Scope Of Application ◽  
The Law ◽  
Contractual Obligations ◽  
The Eu

<span>Issues arising in the context of determining the law governing competition law breaches are numerous and complex. The situation is no different following the harmonisation of the national rules as a result of the recently adopted Directive on damages for infringements of the competition law provisions. This paper is aimed at scrutinising various such issues, in particular it deals with interpretation of the concepts found in Article 6(3) of the Rome II Regulation on the law applicable to non-contractual obligations and the related aspects of interaction between EU and national competition laws. From the scope of application ratione materiae of the mentioned conflict-of-law provision and defining the “market” as an essential component of the connecting factor lex mercati, to the functioning of the general provisions aimed at protecting public interests, the author presents the opposing views expressed in legal theory and points out the principles which should be taken into account in the course of the analysis. Additional emphasis is put on the thorny questions which originate from erroneous translation of the EU legislation into the Croatian language.&nbsp;</span>

scholarly journals Smart meters’ roll out, solutions in favour of a trust enhancing law in the EU

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Domenico Orlando ◽  
Wim Vandevelde
Keyword(s):  
Data Protection ◽  
National Level ◽  
Legal Framework ◽  
Critical Assessment ◽  
Smart Meters ◽  
The Law ◽  
Roll Out ◽  
The Eu

The article briefly describes the smart meters technology in the electricity field, its potentials and risks in terms of privacy and data protection, which could undermine the trust of customers. Then, the article delineates the EU legal framework that applies to the technology. A critical assessment of the latter follows, with the identification of some flaws. The focus shifts subsequently to the national level of legislation, when the Flemish laws on the matter are analysed. A different part is dedicated to the role that some technologies could have to reduce the risks and implement privacy. In conclusion, some recommendations are proposed to make the law more prone to enhance trust by the customers.   

scholarly journals On the court jurisdiction in case of litigation between entrepreneurs

2019 ◽  
Vol 13 (1) ◽  
pp. 655-662
Author(s):  
Cristina Cojocaru
Keyword(s):  
Supreme Court ◽  
Legal Framework ◽  
Civil Code ◽  
High Court ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
Specialized Courts ◽  
The Subject ◽  
The Law ◽  
Practical Implications

Abstract According to the Romanian legislation, the parties may agree in writing that the disputes concerning goods and other rights deriving from the non-performance of the contract be judged by other courts that, according to the law, would have territorial jurisdiction to hear the case, unless the competence of the court is exclusive. By decision no. 18/2016 the Romanian High Court of Cassation and Justice, through the competent division to judge the appeal in the interest of the law, decided that in matters of procedural substantive (material) jurisdiction of the specialized courts, the competence of the specialized courts is determined depending on the object or the nature of disputes such as those considered examples by art. 226 paragraph 1 of Law no. 71/2011 on the application of Law no. 287/2009 on Civil Code. Considering also this decision, the article aims to analyze the practical implications of another recent decision of the Romanian supreme court, namely Decision no. 561/2018, on the competence of the specialized court in litigations between entrepreneurs and, without claiming to cover extensively the subject, to offer a view on the Romanian current legal framework, on the court jurisdiction and the notion of professional, underlining the freedom of entrepreneurs or professionals of choosing the relevant court.

scholarly journals Groundwater Protection as an Essential Component of Water Management in the European Union in the Light of Modern Integration Processes: Legal Aspects of the Problem

2019 ◽  
Vol 8 (3) ◽  
pp. 354
Author(s):  
Iryna Iefremova ◽  
Iryna Lomakina ◽  
Nataliia Obiiukh
Keyword(s):  
Water Management ◽  
Groundwater Protection ◽  
Legal Framework ◽  
Legal Aspects ◽  
Water Protection ◽  
The European Union ◽  
Eu Countries ◽  
Eu Legislation ◽  
Quality Of Water ◽  
The Eu

In the context of exacerbation of environmental problems that are global in nature, it is necessary to assess the opportunities and development prospects of environmental policy not only at the international level, but also at the regional European level. In this regard, the focus of our article is to consider the problem of protecting groundwater as a strategic natural resource and to analyze the practice of applying European directives on water quality and protection of groundwater in EU countries. In the EU, the basic legal framework for water protection is defined in the Water Framework Directive that determines the need to develop monitoring programs and basin water management plans to improve the quality of water in the EU by the member states. However, taking into account the fact that groundwater, especially drinking artesian water, is vulnerable to pollution, improvement of the legal groundwater protection system and the search for rational groundwater protection practices implemented in the EU countries are vitally necessary. Therefore, the paper aims to explore the ways of EU legislation development in the field of water resources protection, identifying the main areas of groundwater protection and analyzing the legal means used in certain EU countries, in particular, Austria, Germany, as well as identifying priorities and objectives for Ukraine on the way to integration into the system of European water legislation. Keywords: EU legislation, groundwater, groundwater pollution, groundwater use, water management, water protection.

Classification of Chemicals According to UN-GHS and EU-CLP: A Review of Physical Hazard Classes and Their Intricate Interfaces to Transport and Former EU Legislation

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Cordula Wilrich ◽  
Elisabeth Brandes ◽  
Heike Michael-Schulz ◽  
Volkmar Schröder ◽  
Silke Schwarz
Keyword(s):  
Test Methods ◽  
Classification Systems ◽  
Eu Legislation ◽  
Dangerous Goods ◽  
Physical Hazards ◽  
Transport Of Dangerous Goods ◽  
Physical Hazard ◽  
Available Information ◽  
The Eu

The Globally Harmonized System of Classification and Labelling of Chemicals (UN-GHS) is being implemented in more and more countries all over the world; the EU has done so with the CLP-Regulation (EU-CLP). Compared to the undeniably important questions on health and environmental hazards, the classification of physical hazards of chemicals often has not been in the focus, although their implementation can be challenging and there are traps and pitfalls to be avoided. The following overview of the classification systematics for physical hazards aims at a principle understanding without detailing all criteria or test methods. Similarities and differences between the classification systems of the UN-GHS and EU-CLP, the transport of dangerous goods and the former EU system are reviewed with regard to the physical hazard classes. Available physical hazard classifications for the transport of dangerous goods and according to the former EU system can be used as available information when classifying according to the GHS. However, the interfaces of these classification systems and their limitations have to be understood well when concluding on GHS/CLP classifications. This applies not only to industry when applying CLP but especially to legislators when adapting legislation that in one way or another refers to the classification of chemicals.

scholarly journals Preserving the Environment within the ASEAN Skies: Lessons from the European Union Emissions Trading Scheme

2018 ◽  
Vol 4 (1) ◽  
pp. 15
Author(s):  
Ridha Aditya Nugraha
Keyword(s):  
European Union ◽  
Emissions Trading ◽  
Legal Framework ◽  
International Organization ◽  
Civil Aviation ◽  
The European Union ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
Eu Emissions Trading Scheme ◽  
The Eu

The United Nations Framework Convention on Climate Change also known as the Kyoto Protocol has set up a framework to reduce carbon emission. The environmental issue is also being addressed at the international aviation sector through the International Civil Aviation Organization’s resolutions. As an international organization sui generis, the European Union (EU) has decided to take up a further step with the enactment of the EU Emissions Trading Scheme. The latter has obliged both EU and non-EU airlines to comply with its ambitious goal controlling aviation emissions. However, the legal framework had triggered international objections from legal perspective due to infringement towards the Chicago Convention of 1944 and the international customary law principles. Considering of the nature of the Association of South East Asian Nations (ASEAN) as an international organization without a supranational law order; as well as recent developments in regards to legal framework on emissions, the future of ASEAN skies from an environmental perspective seems uncertain. However, if ASEAN Emissions Trading Scheme shall take place, they should learn from the EU Emissions Trading Scheme past mistakes and the International Civil Aviation Organization resolutions to prevent non-discrimination towards non-ASEAN member states’ airlines from happening.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

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