European Legislation Journal Archive
European Legislation Vol. 18 No. 68/2019
REČ GLAVNOG UREDNIKA
European Legislation, 2019 18(68):5-6
REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ESTABLISHING A FRAMEWORK FOR THE SCREENING OF FOREIGN DIRECT INVESTMENTS INTO THE EUROPEAN UNION
European Legislation, 2019 18(68):7-25
Foreign direct investment represents one of the decisive factors for accelerated economic growth, employment, and technological development in the member states of the European Union. Its advantages are clearly recognized and encouraged by the European Union through the implementation of measures leading to a healthy economic environment open to foreign investors. Given that they fall within the scope of common trade policy, the European Union devotes special attention to foreign direct investment. This is particularly evident in the recent period in which deviation from the usual standards of international trade has been established, which has caused serious concerns to the European Union. In this regard, in the focus of its competent authorities, there have been cases of dealing with state-owned enterprises from third countries that have committed to merging European companies in key industrial areas. In order to protect its own strategic interests, on 19 March 2019, the European Union adopted Regulation 2019/454 establishing a framework for screening of foreign direct investment from third countries. With reference to the reasons regarding security and public order, the Regulation provides for cooperation mechanisms between member states which, at the same time, leave some flexibility necessary to check foreign direct investment in a specific national framework. The Regulation also provides for investment control mechanisms that may affect projects or programs of vital interest for the European Union itself.
European Legislation, 2019 18(68):26-36
The aim of the paper is the analysis of the participatory democracy instrument the European citizens\' initiative in the European Union and the results of its introduction. The author starts from the hypothesis that the introduction of the European citizens\' initiative only partially contributed to the strengthening of the role of citizens in the European Union and better functioning of the European Union and that the full potential of this initiative has not been achieved. In the process of elaboration of the citizens\' initiative, the author has used a method of content analysis, induction, deduction, comparison, and method of compilation. The results obtained indicate this is a very complex procedure prescribed for the realization of the European citizens\' initiative and that a small number of initiatives have experienced their success. The extent to which the procedure is prescribed in a cohesive manner is related to the fact that in the realization of the European citizens\' initiative a large number of countries in which different languages are spoken must be involved. Also, the civic committee must consist of a larger number of members with different citizenships. There is a problem with financing, and there are too long deadlines for the European Commission to decide and issue certificates on the number of valid statements on support for the initiative, as well as the obligation to present the initiative to other EU entities. For this reason, it is necessary to start drafting a new Regulation on the European citizens\' initiative, which would simplify the procedure and enable European citizens\' initiatives to experience their full affirmation.
European Legislation, 2019 18(68):37-53
Although the doctrine of horizontal effect is not unique to Union law, it is undoubtedly most comprehensively explored beyond its conceivable scope while examining the effect of EU treaty provisions, general principles, decisions and, ultimately, directives, before the Court of Justice of the European Union. This is understandable considering that the legal system created by the European Union can only add up to the already complicated relationship between international and national law. This paper examines the three sources of Union law suitable for observation under the horizontal direct effect doctrine with the aim to demonstrate that the question of the exact legal effect of directives remains unanswered. The first part deals with the way the horizontal direct effect is understood in terms of its scope while identifying certain aspects that are unclear. It examines the closely related effects of Union law in order to present the horizontal direct effect doctrine in all its complexity. Secondly, a selection of CJEU decisions of fundamental importance for this issue is presented with the aim to tackle the main arguments in favor of denying the horizontal direct effect to directives, namely legal certainty, legitimate expectations and preserving the distinction between regulations and directives. Lastly, it is argued that the only viable argument in favor of denying the horizontal direct effect to directives is to preserve the distinction between them and regulations as provided for by Article 288 TFEU and, therefore, the legislative autonomy of the Member States although this may be at the expense of both legal certainty and equality before the law. A careful analysis of the horizontal direct effect doctrine under Union law leads to a conclusion that persistence in denying directives their full legal effect is, in fact, the last resort in an effort to protect the distinction between directives and regulations since the Member States do not seem to be ready for another major legislative change. However, expanding the effect of directives introduces a powerful control mechanism for EU institutions to be able to make sure the Member States are transposing efficiently and in a timely manner, by endowing individuals with an instrument to have control over how Union law is implemented and applied in their respective countries of residence.
European Legislation, 2019 18(68):54-73
In a very turbulent period for the European Union which began in 2009, there has been a problem that was, compared to politically more important crises, unfairly placed on the margins. It is a problem that has been noticed and presented by almost all Member States of the Union from the so-called former Eastern Bloc i.e., the placing of the same products but of different quality (dual-quality products) to consumers in the east related to consumers in the west part of the EU single market. The aim of this analysis is to systematically demonstrate what this problem is, how it came about, and what the reaction was at the EU level on this issue. By analyzing the EU\'s most relevant acquis that regulates placing products on the single market and protects consumers in this regard, it will clearly be stated which legislative changes need to be made in order to tackle this problem. Bearing in mind the fact that the EU single market is governed by the same rules represents perhaps the most important argument why it is good to be a member of the EU, such a phenomenon is the alarm that this argument is seriously threatened. In this regard, it is essential that the EU institutions place this problem high on the agenda of the activities that need to be carried out to enable all members to take full advantage of the possibilities that the EU single market offers.
FREEDOM OF EXPRESSION IN THE REPUBLIC OF SERBIA IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
European Legislation, 2019 18(68):74-92
In this paper, the author analyzes the practice of the European Court of Human Rights in the cases in which the applications were filed against the Republic of Serbia pursuant to Article 10 of the European Convention on Human Rights of 1950, which guarantees the right to freedom of expression. In the cases against the Republic of Serbia, The European Court of Human Rights issued a total of eight judgments in which the court found the existence of a violation of the rights to freedom of expression of the applicants. The author investigates what these cases referred to, classifies them, and determines why in each of these cases the European Court of Human Rights has found the existence of a violation of the right to freedom of expression. At the beginning of this paper, the author gives an overview of the legal regulation of the freedom of expression in the European Convention on Human Rights. The cases based on the applications submitted against the Republic of Serbia can be classified as those which refer to the right to impart information and ideas, and as those which refer to the right to receive information and ideas. Also, the cases which refer to the right to impart information and ideas can be classified as those in which the application was submitted by politically exposed persons, journalists and by natural persons which are not publicly exposed. At the end of this paper, the common characteristics of these cases are noted.
European Legislation, 2019 18(68):93-105
The authors provide in this article an overview of the energy law regulatory framework in the European Union after the implementation of the third energy package, versus the regulatory framework in the Republic of Serbia. The authors further seek to determine on the basis of the comparative approach to which amount the third energy package is implemented in the Republic of Serbia and what are its benefits and its drawbacks from the perspective of the investments in the Serbian energy market. Accordingly, this article is comprised of three parts. The first one gives an overview of the European legislation, while the second one gives a general overview of the applicable laws (and by-laws) in Serbia. In the third and final part, the authors seek to establish the success of the implementation process through the comparative approach and by addressing certain problematic aspects which may arise with respect to certain institutes in the practice. The purpose of this article is to draw the attention of the scientific and professional audience to the importance of monitoring of the development of the legislation in the energy sector as one of the crucial fields of the future economic development and environmental protection.