Sanja Gongeta

Nastavni materijal autora dr. sc. Sanje Gongete i Filipa Miličića, mag. iur., svjedoči o uloženom znatnom trudu u sistematiziranju dosadašnjih spoznaja o nadasve važnoj temi prava okoliša. „Visoka razina zaštite i poboljšanja kvalitete okoliša“ određena je Ugovorom o Europskoj uniji kao europski cilj (članak 3., stavak 3.). Međutim, taj cilj nije ostvaren i teško će ga biti ostvariti u dogledno vrijeme, jer je stanje okoliša došlo do kritične točke. Tu spoznaju potvrđuje do sada najopsežnija procjena stanja okoliša na europskom teritoriju pod nazivom „Europsko izvješće o okolišu – stanje i izgledi, 2020“. Prema navedenom Izvješću „Europa, u pogledu zaštite okoliša nije ostvarila dovoljan napredak te izgledi za okoliš u narednom desetljeću nisu pozitivni“. Stoga, objavljivanje ovoga rukopisa dolazi u pravi trenutak, osobito u cilju stvaranja ispravne i potpune spoznaje o pravu okoliša. Radi zaštitite okoliša neophodan je djelotvoran pravni sustav s ciljem ugrađivanja normativnih vrij...

Public Internal Financial Control-PIFC u RH je strateski dokument koji govori o razvojnoj strategiji za uspostavljanje i nadzor ucinkovite unutarnje kontrole u javnom sektoru RH. U radu ce biti prezentiran zakonodavni okvir, ciljevi i osnovni elementi PIFC-a, ali i ocekivane prednosti i poboljsanja u koristenju, tj trosenju proracunskih sredstava. Cilj razvoja ovog nužnog segmenta nadzora ujedno je ispunjenje obveze prema EU, ali i korisna orijentacija donositeljima odluka na donosenje ispravnih odluka temeljenih na zakonitosti, svrsishodnosti i ucinkovitosti.

The objective of this article is to identify the barriers in regulatory frameworks that affect SMEs and entrepreneurs’ participation in the international markets. The idea was to analyse how regulatory framework affects an internationalization of Small and Medium Enterprises (SMEs). Member states differ significantly in the way in which they regulate the establishment of new businesses. The reduction of legal burden in European Union is a top-priority not only for the European Commission but also for national legislators. A competitive and dynamic economy requires an adequate regulatory framework so a business friendly environment for existing and potential small and medium-sized entrepreneurs must stay one of the European Union's main objectives. The contribution of this article is to analyse how regulatory frameworks affect the internationalization of Small and Medium Enterprises (SMEs) and suggest ways to overcome the barriers to SMEs and entrepreneurs’ participation in the i...

The objective of this article is to identify link between the last economic crisis and business regulatory reforms. The data set contains the information about number of doing business reforms and its impact to selected countries’ total ranking in doing business. The article presents review of empirical work available in scientific literature assessing how the regulatory environment for doing business affects productivity, economic growth, trade and investment. Available data shows that an economic crisis creates a stronger motivation for reform and how a simplified and competitive regulatory framework with reduced barriers can encourage business entrepreneurship and economic growth. The article expands the current knowledge on link between regulatory framework and economic growth. It includes both economic and legal overview in order to under-stand how the economic crisis affected the regulatory framework for doing business. It indicates the importance of an adequate legal framewor...

Modalities of consumer’s protection at consumer’s lending in European Union Member States are provided with a special directive of the European Parliament and the Council (Directive 2008/48/EZ of the consumer credit agreements). Although this area has been regulated in European Union by the directives since 1987 (Directive 87/102/EEC), for the economic crisis it was increasingly coming to the fore that the consumer, as a weaker agreement party, was not protected enough. The directive 2008/48/EC on consumer credit is based on the principle of maximum harmonization and regulates the minimum legislative framework for each of the member states. Republic of Croatia has become a member of the European Union. As the youngest of the Member States, Republic of Croatia was obliged to adjust its national legislation concerning the protection of consumers when signing a credit agreement with acquis communautaire, following is the Republic of Serbia on its European path, therefore Directive 2008...

Union financial markets are highly integrated and interconnected with many institutions focused on cross-border activity. The collapse of cross-border institutions affects the stability of financial markets in different Member States in which it operates, and the inability of Member States to control and repair decaying institutions negatively affect the stability of the financial markets - the basis of the functioning of the internal market. Existing national regulations to prevent the insolvency of credit institutions have proven to be insufficient in times of financial crisis, and a single regulatory framework at European level was more than needed. The paper analyses the regulatory framework for the recovery and resolution of credit institutions and certain investment firms throughout the European Union as a third pillar of Bank Union. Harmonised instruments for the resolution of banking institutions, significantly widens the range of policy options available to national resolut...

Modalities of consumers' protection at consumers' lending in the European Union Member States are provided with a special directive of the European Parliament and the Council (the Directive 2008/48/EZ on contracts of consumer credit). Although this area has been regulated in the European Union by the directives since 1987 (the Directive 87/102/EEC), because of an economic crisis, it was increasingly coming to the fore that a consumer, as a weaker agreement party, was not protected enough. The Directive 2008/48/EC on contracts of consumer credit is based on the principle of a maximal harmonization and it regulates a minimal legislative framework for each of the member states.

This article conducts a juridical and economic analysis of Croatian legislation on combating late payments in commercial transactions with regard to the European Commission’s Directive 2011/7/EU on late payment in commercial transactions. The lack of financial discipline in payments in commercial transactions between businesses and persons of public law is a perennial problem of Croatian but also of the European economy. Late payments cause insolvency and complicate financial management of undertakings, which greatly reduces their competitiveness and profitability in the market, and the risk of these adverse effects was significantly higher in periods of economic decline. The first step in combating late payments in commercial contracts in the Croatian legal system has been the introduction of legal provisions relating to the above problem in Article 174. in the Croatian Obligatory Relations Act in 2005, with the aim of harmonizing Croatian legislation with the legal system of the E...

U radu se analizira pozadina i tijek najvece reforme njemackoga regulatornog okvira drustava s ogranicenom odgovornoscu s posebnim naglaskom na omogucavanje osnivanja inacice drustva s ogranicenom odgovornoscu, tzv. Mini GmbH. Ukazuje se na presude Europskog suda kljucne za potvrđivanje prava slobode poslovnog nastana i razvoj regulatorne konkurencije u podrucju prava drustava među državama clanicama Europske unije. Komparativno se prikazuju pravno uređenje njemacke inacice drustva s ogranicenom odgovornoscu i njegovog najveceg konkurenta, engleskog Limiteda. Pokusava se odgovoriti na pitanje je li njemacki zakonodavac uspio zastititi drustvo s ogranicenom odgovornoscu od zloporabe u poslovanju te ga deregulacijom i modernizacijom uciniti atraktivnijim u odnosu na inozemne konkurentne prave oblike. Konacno, analiziraju se implikacije regulatornog natjecanja na pravo drustava Republike Hrvatske kao najmlađe clanice Europske unije.

ABSTRACT The present globalization process has naturally attracted great attention from economic point of view and from legal point of view as well. The purpose of this article is not to analyze the relevant aspects of globalization process, but rather to examine the role of inland waterway transport in Croatia. This article aims at offering a role of river Danube in whole process of economic cooperation and integration process in Europe with possible benefits to Croatia. The focus of this article also will be on the place of river port Vukovar at Danube.The rules governing transport of goods by river overlap in many situation with the rules governing the carriage of good by sea. But, this article will shed new light on the issue of carriage of goods by river. The perspective is becoming more important after of adoption a new Budapest Convention on the Contract for the carriage of Goods by Inland Waterways, CMNI, Budapest, 2000. Croatia signed the Convention in Budapest on June, 22, 2001 and adopted and ratified it by the Act of Croatian Assembly on June 17, 2004 (See: Official Gazette, nr. 10/2004).As it was previously mentioned a special attention will be paid to the river port Vukovar. Not only because the river port of Vukovar is on the river Danube as the biggest river of Croatia, not only because the river port of Vukovar is one of the biggest port, even among the sea ports, but because of the fact that through the river Danube we are connected with many countries in Europe and even further to a greater distance.Interdisciplinary approach – economic and legal is always welcome. The authors wish to promote it as it is the aim of the whole Conference. As it is well known the same issue may be seen differently when observed from different angles, but the authors aim is to draw an attention to policy reasons and mere facts why do we need to promote inland waterways carriage of goods. They stress the importance of Vukovar river port, as well. Scientific background is included. Presentation of relevant legal documents is needed, too.