The author of the article presents the new Act on Concessions and analyzes the issues referring to the procedures of granting concessions, contracts on concessions, expiration of concession, the relevant conclusion of the Government of the Republic of Croatia regarding the application of the above stated Act, the legal protection, the concession policy, violations and the drafted and final provisions of the new Act on Concessions.
According to the practical experience of the author in the administrative proceedings of the first instance in the first five months of the application of the Act on Administrative Disputes, the article provides some practical pieces of advice to defendants, applicable in the various phases of the administrative dispute. In such a segment the defendant is usually a claiming body of the second instance or against which the appeal is not allowed according to the specific provisions (single-instance administrative procedure).
The author of the article analyzes some important issues referring to the administrative and the inspection controls.The control of the direct application of the act and other regulations within the framework of the administrative organization of the local and regional self-governements as well as physical and legal persons has is important for the entire community. Such a control is performed by a number of means in all the administrative areas. One of these are the administrative and the inspection controls of the work and operations of the entities which subject to the control.
The author of the article analyzes the issues regarding a law firm obliged to pay the monument annuity according to the provisions of the Constitution of the Republic of Croatia and other corresponding acts, including the viewpoints of the court practice of the courts of the highest instances in the Republic of Croatia. The article states the circumstances of a concrete case and the viewpoints of the authorized administrative bodies regarding the payment of the monument annuity in such a case. The circumstance which primarily determines such an obligation and points to this topic is the fact that the law firm is the owner of the business premises and performs their activities in the building which has a status of a cultural heritage.
The Litigation Act was amended this year in order to improve and speed up the protection in terms of civil law. Such amendments have removed the legal institutes which in practice slowed down the procedure and in such a way prolonged the litigation processes. Accordingly, the Act introduced the new solutions which should ensure the conditions for more efficient realization of the litigation process and preserve the legal security of the parties in the litigation process. The author of the article presents some of the amendments.
Autor: Dr. sc. Ljiljana MATUŠKO ANTONIĆ , dipl. iur.
The author of the article analyzes the recent court decision according to which the work of an employee under the influence of alcohol represents the violation of the obligation of the labour relations, which may be the reason for termination of the contract on employment due to the misconduct of such an employee. If the employee rejects to undergo the alcohol test during the working time, it is considered that such an employee is under influence of alcohol.
The author of the article explains the contracts on construction activities, their development and specifics and points out the common and opposite interests of the contract parties. The article also includes the explanation of the term of the contract on the services provided by advising engineers, various types of advisors as well as the relationship between the client and the advising engineer (project leader) – contractor.
The authors of the article present the specifics of the simple limited liability company through the comparison of the classical limited liability company and the German version of the simple limited liability company (the so-called entrepreneurial company). Initiated by a number of the decisions made by the European Court regarding the freedom of establishing businesses, in the last 10 years there have been many discussions in the EU on the so-called regulatory competition among the member countries. One of the measures of the regulatory competiton represents the introduction of the new organizational form in the Croatian Company Law – a simple limited liability company. The requirements for the share capital and the expenses and formalities for its establishment have been simplified.
Autori: Prof. dr. sc. Hana HORAK Dr. sc. Kosjenka DUMANČIĆ , dipl. iur. Zvonimir ŠAFRANKO , mag. iur.
The article presents the forthcoming elections of the members of the European Parliament from the Republic of Croatia. Accordingly, the Act on the Amendments to the Act on the Elections of the Representatives from the Republic of Croatia for the European Parliament was passed. It determines that the first general ad hoc elections of the members of the European Parliament from the Republic of Croatia will be held in the period before the accession of the Republic of Croatia into the European Union according to the Agreement on Accession to the European Union. The mandate of the elected members of the European Union will be shorter than 5 years, which is the usual duration of the elected members, i.e. until the expiration of the current assembly of the European Parliament in June 2014.