EU Law & Regulatory Governance
Introduction to the Science of Medical Rights and Ethics...
Bioethics; medical research; informed consent; patient rights; human dignity; clinical trials
The article surveys the principal international and European instruments governing medical research, bioethics, and patient protection. It emphasizes informed consent, human dignity, research ethics, medical-data protection, and the primacy of the individual over scientific interests.
KELLNER, SZILVIA
Extent of the Voting Rights of Legal Persons Governed by Private Law...
Civil Code; cooperatives; legal persons governed by private law; voting rights
The rules relating to organizational structure and operation of legal persons governed by private law can be found among general rules pertaining to all legal persons and specific norms for various types of legal persons in the Book Three of Act V of 2013 on the Civil Code. The voting rights have an impact on the operation and management of the forms of association. One of the aims of this presentation is to draw up the similarities and distinctions between the different kinds of legal persons, in particular cooperatives. In the case of cooperatives the principle of „one member-one vote” is a key pillar of the basic cooperative principle „democratic member control”. This presentation is also undertaken to show, how this cooperative principle appears in legislation, concerning the legal norms on the European Cooperative Society (SCE) and some national legislation in the EU, too.
NAGY, ERIKA
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
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
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