The Legality of the Pristina - Belgrade Political Dialogue...
Dialogue; state-building; Europeanization; Kosovo; Serbia; EU; constitution
In order to fulfil the preconditions set by the European Union vis-à-vis Western Balkans, countries of the latter must meet numerous criteria to show that they are ready to adhere in the EU. One of those conditions as stipulated in the Stabilization and Association Agreement is the regional cooperation, which entails the good neighbouring relations between candidate and/or potential candidate countries. In order to help both Kosovo and Serbia fulfil partially these criterions, EU has decided to step in and facilitate a high level political dialogue between the two countries. However this is being done by the EU in ambiguous terms, and uncovering a risk of constitutional crisis in Kosovo. The dialogue is meant to provide a fast track mechanism for reconciliation and good neighbouring relations, however this needs to be done at the cost on finding a creative approach and often violating provisions of the Constitution of one side, Kosovo, since it doesn’t recognize it as a state but rather as a territorial entity still in line with the Resolution 1244 of the UNSC (1999). The paper provides an analytical approach of the agreements signed and binding legal documents, such as the Constitution of the Republic of Kosovo (2008), in order to point out key elements of constitutional infringement. Further, the paper argues briefly the imposing provisions of the agreement by the EU in the Europeanization context, concluding that the Europeanization process cannot be fitted universally without carefully analysing the legal as well as the cultural and historical context.
PUSTINA, LORIK
European Court of Human Rights Case Law on Protection of Personal Data...
European Court of Human Rights; data protection; human rights; Turkey
Protection of Personal Data is one of the newest right developed within the Right to Privacy. This fundamental right has been perceieved mostly as a European value giving as a reason that it has been continuesly develop-ing under the European legal framework. Turkey also follows European heritage of human rights as one of the member of the Council of Europe and European Union candidate country. Recognition of personal data pro-tection as a single fundamental right was a late action of Turkey. For this reason, some of the data potection cases could not solved in Turkey’s jurisdiction, but were referred to the European Court of Human Right. If there was well-grounded data protection law before, the cases could be solved quicker and more in favor of Plaintiffs.
VÁRKONYI-GÜLTEKIN, GIZEM
Adaptation of Rights in Rem According to the EU Regulation on Matrimonial Property Regimes
Adaptation; adaptation of rights in rem; matrimonial property regimes; matrimonial property regulation; succession regulation
In June 2016 the Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes has been adopted. According to its Preamble, the Regulation should not affect the limited number of rights in rem (the numerus clausus principle) known in the national law of the particular Member State. Nevertheless, the spouses should be allowed to enjoy in another Member State the rights which have been created or transferred to them as a result of the matrimonial property regime. Therefore, Article 29 of the Regulation provides for the adaptation of an unknown property right to the closest equivalent right under the law of that other Member State. The aim of this contribution is to describe the concept of adaptation and analyse how adaptation of rights in rem can be used in the context of matrimonial property regimes.
ZAVADILOVÁ, LUCIE
The Invalidity and the Non-Existence of Collective Bargaining Agreements in the Scope of...
Collective agreements, invalidity, non-existent contract, labor law
The biggest innovation of the new Act I of 2012 on the Labor Code of Hungary (LC) was that opposed to its predecessor, as a principle it allows collective agreements and individual labor contracts to regulate the content of work differently from what is stipulated by the Labor Code. The goal of the new LC was to increase the role and efficiency of collective bargaining agreements by promoting flexible collective autonomy to the employer and the trade unions, that means the freedom of the participants of the labor market to regulate their relationship through bargaining agreements adjusting to their (financial, social) needs. The collective bargaining agreements (CBA) constitute an extraordinary legal institution with both contract law and public(labor) law elements. As an agreement, the collective bargaining agreement is the embodiment of the mutual will of the parties involved, the labor union and the employer, although the normative regulations of it are applicable to all the employees employed at the employer. The aim of my research is to examine the contractual features of the CBAs, especially concerning their validity/invalidity, existence/non-existence to elaborate the case law of the Hungarian courts, and to draw consequences, how the contractual rules of the Labor Code and the Civil Code of Hungary shall be interpreted.
BALOGH, ÁRON PÉTER
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