The author of this article analyzes the latest Amendment to the Act on Consumers’ Crediting, which was urgently passed at the end of January 2015, fixing the exchange rate of the Swiss Feanc to HRK 6.39. Such a measure has extensively been discussed in the newspapers and electronic media, which expressed some objections, including the possibility of appeal to the European Court and the proposal to review its constitutionality. The Act on Consumers’ Crediting regulates contracts on consumers’ crediting, the conditions and the way in which services can be provided in consumer lending, obligations of creditors and credit mediators to the consumer and the control and protection of consumers’ rights.
The author of the article discusses the problems that can occur in relationships when a worker whose employment was terminated, has not been returned to work despite the successful labour dispute. In such a situation the case is to be returned to the enforcement proceedings, including an interim measure of the court as a means of securities being the significant institutes in the realization of the rights of injured workers and prevention of violence or irreparable damage and alike. Thus, the decison on distraint forces employers to reinstate workers on the job when he/she refuses to act according to the final judgment or another execution document. An interim measure, as a means of insuring claims of workers to be returned to work, the court temporarily regulates the relationship between employers and workers until the valid settlement of a labour dispute.
The author of this article provides a general insight into how the legal regulation of labor relations in the field of European private international law, referring to the question of how the current regulations reflect the position of workers, and considers the historical development of the legal regulation of the area of contract law in the period from the Rome Convention of 1980 until today. Finally, the article provides an overview of determining and effect of mandatory regulations, which are have a huge impact on the protection of public order and the position of workers. Since Croatia’s accession to full membership in the EU the contractual working relations have subjected to the Directive Rome I. The basic principles on which it is based were being developed throughout history in various forms. All the provisions of the Convention and the Directiveactually constitute a conflict of these principles, because one excludes the other. Therefore, the main part of this article is devoted to their analysis and their mutual relations, as well as the advantages and disadvantages in determining the law applicable to the employment contract.
Due to the variety of work activities and the specifics of each working position, all the aspects of work cannot be fully covered by the legal provisions in order to predict what could happen in the workplace, neither to prevent a harmful event. Therefore, in order to systematically improve safety and health protection of workers and people at work it is necessary to actively carry out a risk assessment, which helps reduce the possibility of harmful effects at work, as workers and people at work would not have been damaged due to activities related to the work.
Autor: Ivan PAVLIČEVIĆ , dipl. oec., ing. cest. prom.
The author of the article discusses the main news in the regulation of the administrative dispute that arose when the second amendment to the Act on Administrative Disputes became effective. The above stated new amendment has been applied since December last year. The new issues are primarily related to the expansion of the admissibility of complaints and changes in the technique of handling the appeal and the general possibility of using extraordinary legal remedies, the relationship between the legal validity and enforceability of the judgment, the initiation of proceedings to review the legality of general acts of duty, and on filling gaps in the text of the Act, within which a particularly important step forward has been made in the area of enforcement of judicial decisions.
The article analyzes the types and the number of the valid legal regulations which make up the legal system in the Republic of Croatia on 1 January 2015, the way of their adoption and the amendments, presenting an overview of the normative activities in the Republic of Croatia, The article comprises only the domestic sources of law, without taking into consideration the international contracts valid in the Republic of Croatia.
There have been certain changes regarding determination of the quotas, which is now 3%, and does not depend on the NKD, as it has been the case so far. Besides, certain exemptions from the total number of the employed persons at the particular working places have been determined, including the way how to act in the case when certain working positionsrequire the exemption from their total number.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
The right to assistance and care is one of the rights from the social welfare system regulated by the Act on Social Welfare. This article presents from a legal viewpoint the groups of people with disabilities who are legal claimants of social rights, adverse legal requirements for obtaining such rights, legal exceptions where the negative assumptions do not apply, the types of allowances, the current monthly amount obtained by the above stated beneficiaries and, finally, the procedure of obtaining such a right.
The aim is to analyze the procedural consequences of the temporary suspension of execution of individual acts and actions undertaken on the basis of the Family Act in 2014. The Constitutional Court issued on 12 January 2015 the decision to initiate proceedings to review the constitutionality of the Family Act of 2014. In addition to initiation of proceedings to review the compliance with the Constitution, the Constitutional Court set in the Decision the temporary “suspension” of the Family Act of 2014, or until the final decision in the process of constitutional control temporarily suspended ... the execution of all individual acts and actions undertaken on the basis of the Family Act of 2014, and ordered the implementation of the Family Act from 2003.
The author of this article provides a review of the conditions for the establishment and operation of alternative investment funds, as well as the companies that run them. In Croatia, the above stated funds and companies are regulated by the Act on Alternative Investment Funds (entered into force on the date of Croatia’s accession to the EU), and by eighteen Rules of Croatian Financial Services Supervisory Agency, two Guidelines with a few changes, five EU and Commission Directives two Guidelines of the European Securities and Markets Authority. After the crisis in 2008, the financial sector of the EU Started the process of intense regulation, and at the end of this year, the G20 Summit concluded that a safe and stable financial system requires better regulation and supervision of all major participants in the financial market, and the Parliament created the European System of Financial Supervisors.
The article presents a case from the court practice in which a disputable legal issue arose – whether the claim for determination of the ownership of the specific part of the real estate, without connection to the determined co-owned part of the real estate is acceptable. The author also stresses the reasons why such a claim is not acceptable.
Last year the new Rulebokk on the Registeration of Forest Owners became effective. It regulates the conditions and ways how forest owners can sell their forest products, and some other new issues, presented by the author of the article. It should be pointed out that in accordance with the provisions of the Trade Act, an individual forest owner can sell his/her forest products on the market, provided that such an activity is registered in the Register of Forest Owners. If an individual forest owner sells his/her forest products to consumers for their personal consumption or consumption in the household, then the forest owner should consider the rules determined by the special provisions governed by the protection of consumers.
The European Commission announced on 9 April 2014 the Proposal for the Directive of the European Parliament and the Council on limited liability companies with one member called (lat.) Societas Unius Personae (SUP) as a new way to simplify the creation of companies with one member across the EU. However, a limited liability company with one member (SUP) also represents a planned legal form, except for the European Union and the European Economic Area. Specifically, with this legal form the European Union wants with the proposed Directive (the so-called. SUP Directive) to enable the establishment of such companies across Europe at low cost. Such a company would have a full legal and business ability with one member and a minimum registered capital of only one euro, and to a great extent unique legal principles and requirements. The Proposal for the Directive aims to facilitate companies to establish subsidiaries in other member states, due to the fact that subsidiaries frequently do have only one member.
