Naslov
Challenges of Aligning the Scope of Regulatory Powers of Regulatory Agencies in the Republic of Croatia With the Acquis Communautaire

Autori
Staničić, Frane

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
3rd International Multidiscliplinary Scientific Conference on Social Sciences & Arts SGEM 2016 Conference Proceedings, Book 2, Political Sciences, Law, Finance, Economics & Tourism, Volume 1 / - Beč : SGEM, 2016, 49-56

ISBN
978-619-7105-51-3

Skup
International Multidiscplinary Scientific Conference on Social Sciences & Arts SGEM 2016

Mjesto i datum
Beč, Austrija, 06.04.2016. - 09.04.2016

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
regulatory agencies ; misdemeanor law ; acquis communautaire ; alignment

Sažetak
Regulatory agencies (RA) perform a very important role in the Croatian legal order. Their role as regulators of different markets and the services offered on these markets is paramount in assuring that consumers obtain the best possible service and that service providers act in compliance with law and free competition regulations. RA have established themselves, rather firmly, as an important part of Croatia’s public administration and have been conferred broad regulatory powers. In theory, for the most part, the only bodies that exercise control over the work of regulatory agencies are courts and the Parliament. It may thus be argued that they have achieved functional independence. Domestic legislation regarding RAs is, for the most part, aligned with the acquis. However, EU law is ever- changing, and member states are obliged to implement different directives into their legislation. There are numerous new legal rules especially laid down by directives concerning the regulatory powers of RAs with respect to the imposition of administrative fines and sanctions when such directives are violated. Such directives provide member states with different ways for prescribing the means for the imposition of the aforementioned administrative fines and sanctions: they may do so directly, in collaboration with other authorities, by delegation, within their competence, to such authorities, or through applying to competent judicial authorities. Croatia’s legal system usually prescribes the latter, vesting misdemeanor courts with the authority to impose fines and sanctions. This means that RAs, upon discovering an infringement/violation of a directive or regulation, usually file a charge to the competent misdemeanor court acting as the competent prosecutor. However, in the field of competition, solely the Croatian Competition Agency has jurisdiction to impose administrative fines and sanctions in the form of “administrative-penal measures”. This, in the opinion of various Croatian legal scholars, is an aberration in the system since the Croatian Constitution does not allow for such concentration of power. After the enactment of the new directives with which the Croatian legal system must be aligned, a discussion as to the future legal regulation of such powers has been opened up. The author will highlight the advantages and disadvantages of all possibilities and will advance a proposal concerning the future legal regulation of administrative sanctions in procedures governed by EU law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA