Naslov
The Interaction between EU Regulatory Implants and the Existing Croatian Legal Order in Competition Law

Autori
Butorac Malnar, Vlatka ; Pecotić Kaufman, Jasminka

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Economic Evidence in EU Competition Law

Urednik/ci
Kovač, Mitja ; Vandenberghe, Ann-Sophie

Izdavač
Intersentia

Grad
Cambridge : Antwerpen : Portland

Godina
2016

Raspon stranica
327-356

ISBN
9781780682860

Ključne riječi
EU comeptition law, harmonisation, legal transplants, Croatian comeptition law, Croatian Comeptition Agency, Stabilisation and Association Agreement
(EU comeptition law, harmonisation, legal transplants, Croatian comeptition law, Croatian comeptition Agency, Stabilisation and Association Agreement)

Sažetak
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.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA