European Legislation Journal Archive


European Legislation Vol. 18 No. 70/2019

Content

REGULATIONS ON DESIGNATION OF WINE WITH GEOGRAPHICAL ORIGIN
Dušan DABOVIĆ
European Legislation, 2019 18(70):5-26
Abstract ▼
The purpose of this article is to identify and analyze the most relevant provisions of the Commission Delegated Regulation (EU) 2019/33 and the Commission Implementing Regulation (EU) 2019/34, both of 17 October 2018, supplementing the Regulation (EU) No 1308/2013 establishing a common organization of the market in agricultural products. The methods used in this paper are the formal legal method, comparative method and text analysis method. Following the introductory considerations, a comparative analysis of the most relevant provisions of the Regulations is presented within separate sections with identified significant issues. The section on protected designations of origin and geographical indications discusses issues relating to the application for protection of designation, the procedure for lodging an appeal, modification of data, registration, the cancellation of the designation, and the use of symbols, designations and abbreviations. The section on traditional expressions highlights the provisions on the request for protection and the examination procedure, the possibility of lodging an objection, the protection of the traditional term, as well as on the modification and termination of the traditional term. In the section on wine designation and presentation, the mandatory elements, the optional elements that can be found on the products, as well as the rules for bottles of certain special shapes and corresponding special closures are addressed. The adoption of the Regulations fulfilled the European Commission\'s obligations under the Regulation No. 1308/2013 on the adoption of delegated acts and implementing acts, in order to regulate certain issues more closely, to provide conditions, technical details, forms and procedures. In the Republic of Serbia, the area of the designation of wines with the geographical origin is regulated by the Law on Wine, which was last updated in 2012 and should yet to be harmonized with the said Regulations in this area.
ESTABLISHMENT OF THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE: BIRTH OF A NEW POWERFUL ACTOR IN THE EUROPEAN MULTI­LEVEL SYSTEM OF GOVERNANCE?
Dragana DABIĆ
European Legislation, 2019 18(70):27-52
Abstract ▼
After decades of planning and years of negotiations, the European Union countries have finally agreed to set up a European Public Prosecutor\'s Office employing enhanced cooperation. The new EU body shall be responsible for the investigation, prosecution and bringing to justice the perpetrators of offences against the Union\'s financial interests, that is, to protect the integrity of the European budget. The main assumption of the paper is that, while at first glance it may seem that the final agreement regarding the formation of a supranational prosecution authority has emerged in the form of a pale political compromise, the centralization of competences at the European level of decision-making is progressing. The aim of the paper is twofold. The starting point is to present the characteristics of the new actor based on the source of EU law. Thereafter, on a critical basis, the wider implications of setting up a European Prosecutor\'s Office are evaluated, in the first place, the expectations regarding the further expansion of its competences. Despite its potentially revolutionary powers (the direct effect of decisions on individuals in the sensitive subject matter of criminal law) are limited to a relatively narrow area that is largely cross-linked by the actions of other EU bodies and agencies, the emergence of a new supranational actor is analyzed in the political context of the revived integrative process after years of crisis. As the Lisbon Treaty has foreseen such a possibility, the paper concludes that it is reasonable to expect that, in the future, the competence of the European Prosecutor\'s Office will be extended to other forms of serious crime with a crossborder dimension.
COLLECTIVE MANAGEMENT OF COPYRIGHT IN THE CONTEXT OF USE OF COPYRIGHTED WORK ON THE INTERNET – A REVIEW OF EU LEGISLATION
Stanislav RADULOVIĆ
European Legislation, 2019 18(70):53-70
Abstract ▼
In recent decades the Internet has evolved into the largest and most important global computer network with unprecedented reach. It has become a basic source of information, a kind of collection of data on human knowledge and influences which covers almost every sphere of life, including every aspect of the socialization of modern man. In the digital age, copyright work lives on its own release of any media carrier. In the virtual space, there are daily violations of authorizations in the area of copyright and related rights. Over time, many violations have created a need for the restriction and regulation of certain segments of the Internet in order to create an adequate environment in which each author would be stimulated to create. Individual management of copyrights is characteristic of subjective rights and is done directly, by an author, or through a representative, by proxy. Collective management of copyrights is done through specialized organizations. The individual management of copyrights and related rights in the modern age characterized by the Digital Revolution, the emergence of the mass media, global computer network and other technological innovations, is an institution of limited reach. Recognizing all the specifics of the information society, copyright and related rights are subjective rights that, in some cases, are managed more effectively if their holders join an organization to manage their rights collectively. Directive 2014/26/EU sets a firm framework for the functioning of organizations for the collective management of copyright and related rights and creates the preconditions for greater transparency in the business of these entities. Among other things, organizations are required to establish an adequate system that should allow members to participate in the decision-making process and ensure a high level of financial management. Due to the lack of economic interest and adequate argumentation, which would prevent the user from obtaining a multiterritorial or pan-European license to use the repertoire from any organization, the EU is introducing competition among organizations in the market for the use of music online. Directive 2019/790/EU establishes a digital single market that will operate according to the general market principles, with all its distinctive features. The European Commission has taken a rather ambitious approach to solve specific problems. Technological development is constantly changing the way in which the creation and relevant legislation must be modified and adapted to change in order not to limit overall technological development. The European legislator\'s biggest challenge is combating piracy online, as well as providing legal certainty to copyright and related rights holders. Substantial steps have been made, and a legal framework has been set up to protect artistic creativity. Introducing the responsibility of a content sharing service provider over the Internet, as well as the obligation to obtain the author\'s consent when placing content on the Internet platform, seems like a fair solution if viewed from the author\'s point of view. Extended collective licensing by a collective organization should allow the licensing of cultural heritage institutions for the use of off-market works if it is impossible or difficult to obtain the consent of the rightful holder. Such licenses also have a multi-territorial character, and this mechanism substantially complements the institution of collective management of copyright and enables rightful holders to benefit from the legitimate use of their works. Given that both Directives have been adopted and become part of the acquis communautaire, it will undoubtedly have an impact on domestic legislation in the context of the harmonization of the laws of the Republic of Serbia and the European Union. The basic meaning of collective management of copyright and related rights is to reduce the transaction costs of the legal use of copyrighted works. It is the fact the economic criterion was prevailing in the adoption of both Directives that are the subject of analysis in this paper. Therefore, it concludes that there is a clear aim of the European legislator to upgrade the system of collective management of copyright in order to overcome the crisis in functioning copyright on the Internet. It is expected that, in the long term, the framework of activities of organizations will be strengthened, and it is certain that these entities will be faced with more difficult and complex tasks in the future.
THE EUROPEAN UNION ACCESSION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS – OPINION 2/13 OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AS THE CRUCIAL REASON OF THE ACCESSION PROCESS STAGNATION
Miljana ĐURČEVIĆ CUCIĆ
European Legislation, 2019 18(70):71-97
Abstract ▼
This paper deals with the issue of the European Union (EU) accession to the European Convention of Human Rights (ECHR) which has become one of the most discussed issues since obligatory Opinion 2/13 of the European Court of Justice (CJEU). Besides, this Opinion 2/13 concluded that the Draft Agreement on the EU Accession to the ECHR is not in accordance with article 2, paragraph 2 of the Treaty on the European Union (TEU) and therefore is unlawful judging by EU law. The paper firstly outlines the characteristics of existing mechanisms for the protection of human rights established by the EU and the Council of Europe (CoE). Secondly, it briefly explains the evolution of the idea of the EU accession to the EU in order to help to understand the complexity of this process. Thirdly, the paper provides a comprehensive assessment of the Opinion 2/13 of the Court of Justice and together with the opposite views on Opinion created by Advocate General Kokott and certain academics, ensures the apprehension of failure of the EU in human rights protection. Finally, concluding remarks will explain two possibilities of potential EU and CoE actions regarding the ECHR accession based on article 218 of the Treaty on the Functioning of the EU. One is to amend the TEU in a way that the accession of the EU is not anymore an obligation stemming from the article 6 TEU. The other solution should require a joint decision of 47 member states of the CoE, unanimously approved by the European Council, ratification within the European Parliament and agreement on every point stated in the negative Opinion 2/13 of the CoJ. Both possibilities represent a set of political decisions that currently seems impossible due to the political situation in Europe and the EU. The author additionally suggests that the member states of the EU should sustain from the CoJ decision on accession and take individual actions concerning the protection of human rights even though this may lead to the infringement procedures within the EU. In the end, the conclusion will answer to inquiries such as what the EU accession to the ECHR would bring to the individuals in the human rights protection order and why this is not compatible with the CoJ preferences. Furthermore, negative opinions towards the CoJ decision stated by the academic community and EU citizens, support a critical opinion of this paper and brace common conclusion stating that Opinion 2/13 is the evidence that the CoJ primarily shows concerns regarding EU supremacy and not the protection of human rights.
UNIQUE PROTECTION OF THE HUMAN RIGHTS IN EUROPE
Jovana BLEŠIĆ
European Legislation, 2019 18(70):98-113
Abstract ▼
The article gives a comparative overview of human rights development in the Council of Europe through the adoption of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the work of the European Court of Human Rights (ECtHR) on the one hand and developments in the European Union (EU) and the work of its courts, with an emphasis on EU primary law and the EU accession to the European Convention on Human Rights. The accession process was interrupted in 2013 with a negative Opinion of the Court of Justice of the European Union, but the case-law of the ECtHR and the EUSR continues to indicate that there is still a need to create a single legal system in the field of human rights in Europe. The author believes that the uniqueness of human rights protection on the ground of Europe is necessary and immanent to the very nature of human rights.

Reviews

EU LEGISLATION ON THE WORKING TIME OF CREW ON INLAND WATERWAY TRANSPORT
Iris BJELICA VLAJIĆ
European Legislation, 2019 18(70):115-121
Abstract ▼
Council Directive 2014/112/EU endeavored to resolve certain issues that were not regulated by previous legislation since it did not sufficiently take into account the special working and living conditions of inland navigation workers. Bearing in mind that the ship is operated continuously in shifts and that the working time of the ship workers cannot be equated with the total navigation time of the inland waterway vessels, it was necessary to precisely define what is meant by daily, night and weekly rest and how long the resting periods are. The different approaches taken by the Member States while regulating this issue have led to factual inequalities in the position of employees on inland navigation vessels, but also the protection of workers\' health and safety. As this is a predominantly crossborder sector, it was the view of the social partners that protection could be better achieved at the Union level than by Member States\' legislation. Given the geographical location of the Republic of Serbia, the adoption of this Directive is of great importance to all workers and crew members employed on vessels flying its flag. Compliance with the stated obligation is carried out by the competent inspectors of the flag country, as well as the inspectors of the ports at which the ships dock, which is why accurate records of working and rest periods are kept. Records should be available at all times to every employee on board.
EUROPEAN UNION STANDARDS IN THE PROTECTION OF VICTIMS OF CRIME
Filip MIRIĆ, Bojana GOLUBOVIĆ
European Legislation, 2019 18(70):122-132
Abstract ▼
Victims of crime deserve special protection. Namely, the commission of crime represents a very traumatic experience for victims. If there is no effective system of support and protection, victims are often exposed to the risk of secondary victimization. The need to create an effective system for protection and support of victims was also recognized at the level of the European Union, which resulted in the adoption of the Directive of the European Parliament and the European Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime. The authors analyze the measures and mechanisms for the protection of victims of crime contained in the Directive and their applicability to the law of the Republic of Serbia, bearing in mind the need to harmonize the law of the Republic of Serbia with the law of the European Union. The paper also pointed out the basic problems in the system of protection of the rights of victims in Serbia and proposed measures for their solution.