PRERADA TUĐE STVARI U DOMAĆEM POZITIVNOM PRAVU

2021 ◽  
pp. 385-406
Author(s):  
Nina Planojević ◽  
Keyword(s):  
European Union ◽  
Property Law ◽  
European Law ◽  
National Legislation ◽  
Original State ◽  
Entire Field ◽  
Positive Law ◽  
The Relationship ◽  
Critical Overview

Before the accession to European Union, Serbia must regulate the entire field of property law in order to meet the harmonization of the European law with an adequate national legislation. In this process the priority should be given to regulating the institutes which are not comprehensively regulated in the positive law, that is which have a lot of legal gaps that are difficult to fill in, such is the institute of obtaining the property by transforming a thing belonging to another person without his consent, especially by using his materials to form a new object, becoming the proprietor of the same (specificatio). In the first three parts of the paper, the author introduces to the readers the methods for acquiring the property in this way, the possibility of returning the transformed object to the original state and the possible criteria for discussing the relationship between the person who performs the alteration and the owner of the material. In the next two parts, the author presents and analyses the national provisions regulating this matter with the critical overview of the following situations: when only one party is a conscientious participant and when both parties in the alteration are conscientious or not conscientious participants. In the concluding remarks, the author formulates her own suggestions how these provisions should be regulated in future.

scholarly journals Redefining the Relationship Between National Law and European Law

2021 ◽  
Vol 2 (1) ◽  
pp. 139-145
Author(s):  
Bertrand Mathieu
Keyword(s):  
European Union ◽  
Regulatory Mechanisms ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
The Relationship

Relations between European legal orders and national legal orders present specificities that call into question the principles dictating how states are governed. As the scope of European activities expands, whether it is the European Union or Council of Europe, the potential for conflict is created. In this context, it is important to redefine these relationships and create regulatory mechanisms. This article aims to suggest avenues in this direction.

scholarly journals The Reference to ‘A Work or Software’ as the Factor Determining the Scope of the European Union Public Licence (EUPL) v. 1.2

2021 ◽  
Vol 15 (2) ◽  
pp. 175-196
Author(s):  
Krzysztof Żok
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Computer Program ◽  
European Commission ◽  
Open Source ◽  
Open Source Software ◽  
Property Law ◽  
The European Union ◽  
Intellectual Property Law ◽  
The Relationship

Free and open source software (FOSS) has undoubtedly become an important element of intellectual property law. It is therefore not surprising that the European Commission developed its own non-proprietary licence, i.e. the European Union Public Licence (EUPL). The article examines the reference to ‘a work of software’ to determine the scope of the licence. For this purpose, the paper discusses the reasons for the creation of the EUPL, the relationship between a work and software as well as the structure of a computer program. The following considerations also include the compatible licences listed in the EUPL Appendix. The article concludes that the reference to a work or software is not accidental because it removes serious doubts arising from the concept of a computer program. Thus, this legal solution may facilitate the wider adoption of the licence.

Is German Religionsverfassungsrecht under threat from the European Union?

2020 ◽  
Vol 9 (1) ◽  
pp. 1-27
Author(s):  
Peter Unruh
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
Case Law ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
Labour Relations ◽  
Court Of Justice ◽  
Religious Associations ◽  
The Relationship

Abstract Two recent judgments of the Court of Justice of the European Union (CJEU) raise fundamental questions about the relationship between European Union Law and German religious constitutional law. This article outlines the German constitutional context for the law of labour relations within religious associations before considering those judgments in detail. The article argues that in its approach to religious occupational requirements and loyalty obligations the case law of the CJEU risks bringing about a fundamental change in German religious constitutional law. This is in breach of the terms of membership of Germany in the European Union and contrary to European law itself.

Swobody rynku wewnętrznego a ograniczenia obrotu nieruchomościami rolnymi

2021 ◽  
pp. 395-412
Author(s):  
Adrianna Suska
Keyword(s):  
European Union ◽  
Real Estate ◽  
Natural Habitat ◽  
Internal Market ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Impact ◽  
The Relationship ◽  
Property Acquisition

This article aimed to outline the relationship between the freedoms of the internal market and agricultural real estate transactions in the Member States of the European Union. National regulations limiting the possibility of agricultural property acquisition are often considered as violations of European law. However, restrictions can be justified by the reasons listed in the Treaty on the Functioning of the European Union and mandatory requirements. Moreover, nowadays, it is necessary to find the most appropriate response to natural habitat devastation. A proper land economy can have a tremendous role in preserving the planet; therefore, it seems that every analysis of national restrictions must include the impact of the laws on the environment.

The Role of National Constitutional Courts in European Democracy

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
Economic Liberalization ◽  
Democratic Legitimacy ◽  
European Law ◽  
The European Union ◽  
Constitutional Courts ◽  
European Court ◽  
European Democracy ◽  
And Function

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.

The Democratic Costs of Constitutionalization— The European Case

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
At Risk ◽  
Economic Integration ◽  
Fundamental Rights ◽  
European Law ◽  
European Court ◽  
Political Implications ◽  
The Impact ◽  
The Relationship ◽  
The Eu

This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals Trade, Politics, and Democratization: The 1997 Global Agreement Between the European Union and Mexico

2000 ◽  
Vol 42 (2) ◽  
pp. 35-62 ◽  
Author(s):  
José Antonio Sanahuja
Keyword(s):  
European Union ◽  
International Political Economy ◽  
Trade Agreement ◽  
Negotiation Process ◽  
The European Union ◽  
Association Agreement ◽  
Economic Association ◽  
Trade Politics ◽  
Global Agreement ◽  
The Relationship

Mexico and the European Union signed a new Political and Economic Association Agreement in December 1997 and ultimately a free-trade agreement in March 2000, aiming to establish a new model of relations with a more dynamic trade and investment component. This article analyzes the 1997 agreement as background to the final accord. Economic and political changes in the 1990s modified both parties’ participation in the international political economy, helping to overcome some of the structural obstacles to the relationship. The policy toward Latin America adopted by the EU in 1994 was influential. The negotiation process revealed divergences over the scope of the liberalization process and the so-called democracy clause.

scholarly journals Environmental Production Efficiency in the European Union Countries as a Tool for the Implementation of Goal 7 of the 2030 Agenda

Energies ◽  
2021 ◽  
Vol 14 (15) ◽  
pp. 4593
Author(s):  
Katarzyna Cheba ◽  
Iwona Bąk
Keyword(s):  
European Union ◽  
Production Efficiency ◽  
Energy Use ◽  
The European Union ◽  
2030 Agenda ◽  
European Union Countries ◽  
Taxonomic Methods ◽  
Development Levels ◽  
The Relationship ◽  
The Eu

The main purpose of the paper is to present a proposal to measure the relationships between Goal 7 of the 2030 Agenda for Sustainable Development and one of the areas considered in the green growth concept: environmental production efficiency. Both of these areas illustrate the relationship between the natural environment and the economy, emphasizing transformations in the field of energy use. Selected taxonomic methods, TOPSIS, and multicriteria taxonomy, were applied to study the relationships between the two areas. The results of the EU countries classification showed a variety of countries’ development pathways within a single economic community. Despite continued attempts to equalize the development levels between European Union countries in many strategic areas, they remain highly diversified. That is also true for the areas analyzed in the paper, which is a disturbing situation, indicating that both strategies might not correlate in all respects. Further research into the relationships linking the remaining dimensions of both strategies is required.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

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