Izvorni znanstveni članak
The Challenges of Aligning the Scope of Regulatoty Agencies in the Republic of Croatia with the Acquis Communautaire of the European Union
Frane Staničić
orcid.org/0000-0001-8304-7901
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
Regulatory agencies have a very important role in the Croatian legal order. Their role as regulators of different markets and services that are offered on these markets is crucial in insuring that consumers get the best service possible and that the providers’ of those services act in accordance with the law and in accordance with the rules which regulate the market competition. Their development in the Republic of Croatia has been, and still is, burdened by over pollicisation on the one hand, and insufficient control, on the other hand. However, regulatory agencies have established themselves as an important part of the Croatian public administration with broad regulatory powers. Although the Republic of Croatia joined the European Union in July 2013, the need to align with the acquis communautaire had existed prior to that time, during the accession negotiations. Because of this reason, domestic legislation, is mostly aligned with the acquis where regulatory agencies are concerned However, EU law is constantly changing, and numerous new rules exist regarding the regulatory powers of regulatory agencies regarding the delivering of administrative fines and sanctions when there is an infringement of EU law which regulates specific markets. EU law enables the member states to choose between multiple methods when prescribing ways to deliver fines and sanctions: independent delivering of sanctions, collaboratory delivering sanctions with other bodies or transferring the delivering of sanctions to the courts. In the Republic of Croatia, the system is in place in which the sanctions are delivered by the courts, with the exception of the Agency for the Protection of Free Market Competition. However, it is necessary to consider whether the best possible option has been chosen and if there are other, better, options within our legal system
Ključne riječi
regulatory agencies; misdemeanour law; acquis communautaire; alignment
Hrčak ID:
164188
URI
Datum izdavanja:
25.6.2016.
Posjeta: 1.647 *