engleski

LEGAL IMPLICATIONS OF MEMBERS STATES FAILURE TO COMPLY WITH AN OBLIGATION TO NOTIFY AND/OR NOMINATE A BODY RESPONSIBLE TO PERFORM OBLIGATIONS PRESCRIBED BY A REGULATION

By taking into account the principle of the sincere cooperation many of the EU regulations set the obligation to the Member States to make a proper assessment of its own legal system and to notify or declare on the laws and schemes related to the ratione materiae of the regulation in matter. Among other, Member States are obliged to notify and nominate on a body responsible for certain actions prescribed by a regulation. Thus, the Regulation No 606/2013 on the Mutual Recognition of the Protection Measures in Civil Matters prescribes the obligation of the Member States to provide the information on authorities which are competent in the matters falling within its scope, including information on the authorities which are competent to order protection measures and issue certificates. Such a certificate grants protection measure that freely circulates throughout EU for 12 months. Adjudication of the protection measures is within Croatian system provided by misdemeanor and criminal courts, whereas a 606/2013 Regulation belongs to a civil matters package. Following a precise obligation of the Regulation, Republic of Croatia has indicated that it is not possible to issue a 606/2013 certificate due to a lack of the "issuing body". Against that background, the Regulation clearly prescribes the obligation of autonomous interpretation of the "issuing bodies", and that the national system may belong to either civil, criminal or administrative body. Hypothesis of the authors is that such a national interpretation can deprive the citizens of their rights and enjoyment of the same level of protection as in the rest of the EU. The objectives of this paper is to research the legal force of the notification that Member States provide to the European Commission, respectively whether the notification has a constitutive or indicative value and to assess the question of direct application of the regulation regardless the existence and content of the notification. The research will took into consideration the EU principles and CJEU case law on proper application of the EU secondary legislation and its affect to the legal rights that citizens are given by that legislation.

sincere cooperation, notification, nomination, protection measures, human rights

nije evidentirano