The principle of the effective protection of the individual in EC law and the dialectic of european integration theory

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НОРМАТИВНО РЕГУЛИСАЊЕ БАНКАРСКЕ УНИЈЕ У ЕВРОПСКОМ МОНЕТАРНОМ ПРАВУ

The subject of analysis in this study is the identification and analysis of the normative framework of a future banking union in the Economic Monetary Union. In this sense of the word, the research emphasis is on the issues concerning the need for establishment of a banking union, the prerequisites that must be met in both the national and the EC law, the advantages and disadvantages of using this supranational coordination mechanism of economic policy and its functions in terms of financial and economic disorders. In next paragraph, attention is paid to the new tasks of the main EU institutions in the process of implementation of the banking union, primarily European Central Bank, European Commission and European Parliament, where a general conclusion notes a need for their active role in implementing the concept of a banking union would not thus preserve legal certainty and to ensure optimal consumer protection, property, rights of depositors and conservation of overall economic stability.

ZWALCZANIE OPÓŹNIEŃ W PŁATNOŚCIACH W TRANSAKCJACH HANDLOWYCH W ŚWIETLE DYREKTYWY 2000/35/WE I PRAWA POLSKIEGO

Combating Late Payment in Commercial Transactions in the Light of the Directive 2000/35/EC and in the Polish LawSummaryThe European Community has recognized late payments as one of important obstacles to a good functioning of the internal market. The preparatory works of the EC in this field prove that a long way has been come from the European Parliament’s initiative to the directive 2000/35/E C of the European Parliament and the Council dated 29 June 2000 on combating late payment in commercial transactions. A rather limited scope of the directive is a result of extensive modifications introduced by the Council to the initial proposals. The directive concentrates on the interests in case of late payment, reasonable compensation for recovery costs, retention of title and recovery procedures for unchallenged claims. The above study presents the substance of the directive and its transposition rules.The first attempt to implement the EC directive in Poland was the law of 6 September 2001. As it was not satisfactory, a new law on payment terms in commercial transactions was issued on 12 June 2003. It will enter into force on 1 January 2004. This new law is limited to interests and procedural aspects. The above study presents the results of the directive’s transposition within this law. The act of law from 2003 certainly sets new limits on the freedom of contracts, but it is an interesting and rare example of a protection of weaker parts to the contract, which are not consumers, but enterprises. W hat should be reproached is that a typical civil matter is regulated in an act of law separate from the Polish Civil Code. A breach of the rule of the integrity of the Polish Civil Code is again a price for the fast implementation of the EC law in Poland.

Pouring New Wine into New Bottles? The Preliminary Reference to the CJEU by the Italian Constitutional Court

In the ongoing debate about preliminary references raised by constitutional courts, the ItalianCorte costituzionale(Constitutional Court, hereafter, ICC) is apparently a latecomer. Despite its pivotal role in the founding era in which the relationships between Community law and national legal orders were assessed, its reluctance towards preliminary references to the ECJ (since 2009: Court of Justice of the European Union, CJEU) has repeatedly been invoked as a standard in legal scholarship. Whereas from the early 1960s onwards it engaged dialectically with the CJEU, and contributed to some basic tenets of EC lawvis-à-visnational law (direct effect, primacy, limits concerning basic constitutional principles, so-calledcounter-limits), it appeared for a long time to be almost silent on the crucial aspect concerning its ability to enter into a direct dialogue with the CJEU via the preliminary reference procedure. Although this ambivalence may appear contradictory, one should not forget that behind the scenes, dialogue took place along indirect or “hidden” channels. Either in response to claims raised by the judiciary inincidenterproceedings, or in adjudicating disputes between State and Regions inprincipaliterones, the ICC often sent messages and alerts to the CJEU. In so doing, it indirectly contributed to shaping the relationships between EU law and domestic law. In the long run, the absence of the ICC's direct involvement in the relationships with the CJEU has, however, estranged its action from the core of EU law in favor of the partnership between the CJEU and the common judges (both ordinary and administrative).