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ISSUES CONCERNING THE IMPLEMENTATION OF DIRECTIVE ON SERVICES IN THE LEGISLATION OF THE REPUBLIC OF CROATIA – THE ABANDONMENT OF THE SOCIAL MODEL ON NATIONAL LEVEL?
Hana Horak
; Ekonomski fakultet Sveučilišta u Zagrebu, Zagreb
Kosjenka Dumančić
; Ekonomski fakultet Sveučilišta u Zagrebu, Zagreb
Sažetak
The Republic of Croatia has an obligation to harmonise its legislation with acquis communataire of the European Union, and so far, this obligation has been fulfilled within planned time frame. Nevertheless, at the same time, the national legal framework has been constantly tested. The tests are not imposed to question the obligation for implementation; rather they are used to probe methods for implementation of the European legal rules in concrete national legislation with the aim to conform the implemented solutions in the best possible manner to current legal framework and to European demands. The EU Directive on Services is the last example of implementation. According to the Bill on Services Act the Directive should be implemented in the Republic of Croatia by the “umbrella law” that regulates all services on horizontal level. The authors in the article analyse different modes of harmonisation and implementation of the European legislation in national legislation of Member States in regards to issues arising from non-harmonised legislative area and area where autonomy to regulate is maintained by the Member States. After comprehensive analysis of the Directive on Services the authors conclude that codification of the case law in text of the Directive and its implementation in national legislations, in fact, abrogates a casuistic character of principles developed in court practice and brings these principles closer to service providers as well as to Member States government. Moreover, the authors point out that the principles shall no longer be ex post remedies for service providers but ex ante obligations for national governments.
Ključne riječi
Directive on services; freedom to provide services; harmonisation; market integration
Hrčak ID:
82254
URI
Datum izdavanja:
20.12.2011.
Posjeta: 1.922 *