The Interaction between EU Regulatory Implants and the Existing Croatian Legal Order in Competition Law (CROSBI ID 55770)
Prilog u knjizi | izvorni znanstveni rad
Podaci o odgovornosti
Butorac Malnar, Vlatka ; Pecotić Kaufman, Jasminka
engleski
The Interaction between EU Regulatory Implants and the Existing Croatian Legal Order in Competition Law
The authors illustrate the difficulties in harmonizing competition law rules and their enforcement in Croatia, a country that has undergone a number of substantive changes in the area of competition law over the last decade in order to fully comply with the EU harmonizing obligation and render effective thereby implemented rules. The discussion is placed in a broader theoretical context, i.e. within the theory of legal transplants. A general argument is put forward, claiming that the efficiency of legal transplants (institutional and substantive alike) is affected by the interplay between existing rules and institutions of the recipient legal order with the imported ones. Such interaction obstructs the likelihood of blue-print transfer of rules and institutions across countries. This argument is supported with a thorough analysis of the Croatian institutional setting for the enforcement of competition rules, followed by an analysis of substantive competition law development in Croatia. The analysis lead to a conclusion that while even before accession Croatian competition rules were aligned with EU rules and the institutional framework was functional, two important questions remained: first, how to integrate the Competition Agency as an independent administrative body into the Croatian legal order ; and second, were the substantive rules implemented by virtue of the application of Stabilisation and Association Agreement (SAA) legitimately applicable to purely domestic cases.
EU comeptition law, harmonisation, legal transplants, Croatian comeptition law, Croatian comeptition Agency, Stabilisation and Association Agreement
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Podaci o prilogu
327-356.
objavljeno
Podaci o knjizi
Economic Evidence in EU Competition Law
Kovač, Mitja ; Vandenberghe, Ann-Sophie
Cambridge : Antwerpen : Portland: Intersentia
2016.
9781780682860