Foreign markets and trade relations in the automotive sector. Resolution of central counterparties and central securities depositories CSDs. Institutional division of tasks in respect of the Roma. Distribution of EU funds between sub-regions. Soft landing in the dairy sector for all producers in EU. Prevention of forest fires in Castile-La Mancha. Limited progress in EU climate and energy targets. Nuclear power stations and new financing models.
Motorway toll disc vignette in Germany. Poverty migration from Romania and Bulgaria. Organised begging trips and Roma gangs. Protection of whistle-blowers and freedom of association. CO 2 emissions in Europe. Economic impact of gas and electricity prices. Stability and Growth Pact and measures to prevent hydrogeological risks.
Best practices and data collection in oncology. Excessive consumption of sodium by the population of the EU. Impact of poverty on children in Italy. Universal recognition of endometriosis as a debilitating disease. Action plan on the fight against tax fraud, tax evasion and tax havens. Large number of dead loggerhead sea turtles Caretta caretta mysteriously washed up along the Italian Adriatic coast. Major problem of marriages involving underage girls in Turkey.
Pollution from depleted chromium in Oinofyta and transportation of industrial wastewater to biological treatment plant in Athens. Revised state aid guidelines for the public funding of airports and start-up aid to airlines. University tuition fees in an independent Scotland. International flights with a transfer in the EU. Hardship suffered by Syrian refugees in Bulgaria. Modification of the translation of the Official Journal of the European Union. Ukraine has suspended gas imports from Russia, leaving its reserves lower than required to meet anticipated domestic demand over the coming winter months.
Currently more than half of the Russian gas deliveries to the European Union pass through Ukraine. The Commission is constantly monitoring all the events that could have an impact on security of supply. Member States also reiterated that due to the development of infrastructures — inter alia putting in place reverse flows to enable gas deliveries from the Western direction — they are in a better position to manage the situation in case a gas supply disruption from Russia via Ukraine — similar to the one in — would occur.
Bilateral assistance focused mainly on promoting good governance, the rule of law, public administration, energy, transport, environment, trade, border management, migration, local development, and regional development. Moreover assistance has been provided in the area of enhancing nuclear safety. EU funded activities cover a broad spectrum of issues, including the fight against trafficking and the protection of asylum-seekers, local development, the prevention of torture and ill-treatment, the protection of the rights of children and other vulnerable groups, electoral support, anti-discrimination, strengthening civil society oversight functions and governmental accountability.
The Honourable Member will find detailed information on the following web page: Has the Commission considered the benefits to EU consumers and cane refiners of granting duty-free access for South African sugar imports? The process of liberalising passenger rail transport has begun, but many limits are being imposed. However, it appears that an agreement to limit high-speed train traffic has been made. Does the Commission take the view that this possible prohibition is in accordance with European standards on the liberalisation of the railway sector?
Does to Commission plan to take any action to ensure that the liberalisation of the railway sector is fully implemented? The Commission is currently examining the specific case brought to its attention by the Honourable Member. The Commission recently adopted 6 legislative proposals for the harmonisation of vehicle authorisations and safety certificates throughout the Union.
Por otra parte, un diputado al Parlamento de Ucrania ha presentado una solicitud con respecto a una posible venalidad de los funcionarios de la Agencia Estatal de Medicamentos. Even as the anti-vaccination campaigns led by various charlatans are at their full height, some officials are creating additional obstacles to immunisation. Furthermore, a member of the Ukrainian Parliament has made a request regarding possible corruption on the part of officials at the State Medicines Agency.
The WHO and Unicef believe that the situation is very critical as far as polio is concerned. An outbreak of the illness in Ukraine, which would pose a serious danger to Europe, is feared. In a report to the European Parliament COM , the Commission has addressed the problem of insufficient availability of certain medicines for children, particularly vaccines. Is the Commission aware of this situation? Does the Commission intend to undertake an initiative of some kind to follow up on this report and ensure that Ukrainian children are able to access vital vaccines?
Ukraine has been facing a serious problem with polio vaccination. Both organisations have confirmed that this gap has appeared due to the poor organisation of vaccination campaigns during the last five years. The EU is in close contact with WHO and Unicef and it will raise the issue with the Ukrainian authorities in coordination with these agencies. Wer sind die Mitglieder dieses Expertenteams?
Although the statement of the interests of local stakeholders clearly contains incorrect facts, the project continues, with the indication that it is not customary to discontinue project funding, as long as the project management abides by the funding agreement. How can a funding agreement that was signed on the basis of incorrect information continue to be valid? Who are the members of the team of experts?
The Commission carefully examined the additional information provided since by representatives of the local stakeholders and cannot conclude that the information provided in the original project proposal was incorrect. The Commission is ultimately responsible for the evaluation of each submitted proposal and cannot disclose the names of the subcontracted experts involved. The concerns voiced by the representatives of local stakeholders were taken into account during the revision phase of the selection procedure as well as during two later meetings held in Brussels with representatives of the local farmers.
The Commission also took part in a meeting in Kranenburg, Germany, aiming to explore how to balance the diverging interests of the project beneficiaries, the German regional and national administrations and the local farmers. No evidence was ever provided proving any deliberate false statement.
Sugar beet quotas will expire in , permitting EU producers to once again export unlimited volumes on the world market. Will the Commission take into account the thousands of jobs in the cane refining sector and the need for competition and consumer choice in the sugar sector during the ongoing Free Trade Agreement negotiations? Those agreements will encompass improved market access for agricultural products taking into account EU sensitivities. The Commission is fully aware of the sensitivity of the EU sugar market and the diverging interests of the stakeholders of this market, including EU producers, EU processors of cane sugar, EU industry users of sugar, as well as EU consumers.
The Commission avoids divergences in policy alluded to by the Honourable Member by operating on a collegiate basis. The proposal for a free trade agreement between the European Union and Armenia was cancelled after the latter chose the Russian proposal for a Eurasian Customs Union instead. This is a surprising decision, given the close relations which some EU Member States, including France, maintain with Armenia. What impact will this lack of attractiveness of the European Union have on the European Neighbourhood Policy?
How much funding has the European Union granted to Armenia under the neighbourhood policy? What will the consequences be for trade relations between Member States and Armenia? Ultimately, it is for our partners to decide whether or not to take up this offer. As CU member, Armenia will no longer be legally able to conduct and implement an autonomous trade policy. The people of France are expecting a social explosion. In a country like France, work goes to foreign posted workers who are cheaper and for whom employers pay minimum wages and social contributions. What decisions do the Council and the Member States which sit on it intend to take in order to offset the negative effects of the Posting of Workers Directive?
Malta has the highest number of asylum-seekers as a proportion of its population in Europe, with The principle of solidarity is at the heart of this asylum and immigration policy. What instruments are still available to Member States in order to try to reduce the flow of migrants in their territorial waters? Malta received the largest number of asylum applicants per capita of all Member States, although the figure of The figure for Malta was 4. The Commission agrees that the principle of solidarity is at the heart of asylum and migration policy.
In terms of technical assistance, Malta has benefited from the European Relocation from Malta EUREMA projects that, together with bilateral efforts, have seen more than beneficiaries of international protection relocated from Malta to other EU and Associated States since Such operational support is available for Malta and any other Member States upon their request.
Up to now, Malta has chosen not to host any Frontex joint operation. Ce niveau significatif d'erreur est signe d'une mauvaise gestion. Though the budget has been signed off, significant errors nonetheless remain. This significant error rate is indicative of mismanagement. Given the undeniable problems in the management of the budget allocated to it and in view of the comments of the European Court of Auditors, what decisions will the Commission take? Apart from the Court's changes to its methodology, the Commission has identified that the slight year-on-year increase of the figure can be mainly explained by.
The Commission has undertaken to address many of these weaknesses by improving the rules for the financing period. The Court follows an annual approach and does not take into account most of these corrections. The services provided to them include help in preparing the documents needed to register a business, consultancy regarding the planned business profile, support at the stage of selecting the organisational, legal and tax status of the planned business, and issues concerning public contract law and the implementation of innovations.
With the aid of the consultancy services provided by the PK KSU, clients are able to overcome the numerous barriers and problems they face every day as entrepreneurs. The majority of the clients are micro and small businesses. The Commission is not in a position to decide on special action to provide enterprises with support from the European Structural and Investment Funds ESIF in the forthcoming programming period. In accordance with the rules of shared management, the Member States are responsible for selecting the projects.
When the Polish authorities plan to implement activities to support enterprises in Poland along the lines of PK KSU through the ESIF, the Commission will ask Poland to take account of experience in the effectiveness and efficiency of such measures during the current programming period. The aim is to achieve better results when programming and implementing EU assistance in the future. How does the Commission explain the unreasonable and contemptuous attitude of Turkey, as an EU accession candidate country, towards the decisions of the ECHR?
The EU has repeatedly called on Turkey to strengthen its efforts to fully implement all the judgments of the European Court of Human Rights as part of its international obligations. The Commission raises these issues with the Turkish authorities on all appropriate occasions including in its annual Progress Reports.
However, the Social Protection Committee worked out a list of indicators that underpins the annual assessment of Member States within the framework of the European Semester. The Commission is paying great attention to social developments and to the social impact of measures decided in MS.
In programme countries, the Commission has always promoted an equitable sharing of the inevitable adjustment burden. The Commission has supported the development of a new analytical tool, used to assess the distributional impact of taxation reforms called EUROMOD, a harmonised tax-benefit micro-simulation model covering the whole EU. Ankara has recently signed trade agreements with Iraqi Kurdistan covering oil imports. The Kurds were already supplying Turkey with oil through a pipeline running to the Mediterranean coast, but plans are afoot for the construction of a second pipeline of larger capacity.
Washington has voiced similar opposition, pointing out that Iraqi oil exports must secure the unanimous approval of all parties concerned. What does the Commission have to say about these Turkish openings towards Iraqi Kurdistan? Does it agree with these actions? The Commission is following closely relations between Turkey and Iraq. In this context, the recent rapprochement and high level visits between Ankara and Bagdad are a welcome development that could help strengthen regional stability.
The EU remains firmly committed to supporting a stable, united and democratic Iraq in which all its constituent parts share in the country's progress. The EU raises the internal situation in Iraq with partners in the region, including Turkey, and will continue to underline the importance of Iraq's territorial integrity and national unity in the framework of the EU-Turkey wider political dialogue.
With the globalisation and mobility of citizens from various Third World countries to Member States of the European Union, we increasingly often witness problems arising from child abductions by one parent usually the man , who then flees to an Asian or Middle Eastern country, resulting in a loss of contact with the second parent usually the mother.
In my country Cyprus , there have many complaints by mothers of Cypriot origin about foreign spouses taking children away to their countries of origin Lebanon, Libya, Egypt and elsewhere. These countries have not signed the Hague Convention, and, as a result, it is only through EU and human rights organisations that solutions can be pursued for the children to return to their mothers, who are also their legal guardians. What has it done to date, and what does it intend to do in the immediate future, so that such problems can be addressed?
What advice does it give to European citizens so that they can claim their inalienable right to exercise legal custody in respect of their children, tackling the phenomenon of abduction and wrongful retention of children by foreign spouses? Are there any mechanisms for solving such problems between EU countries and third countries, and, if so, what are they?
Already 90 countries in the world, including all EU Member States, are Parties to this Convention, which gives a clear legal framework in order to deal with sensitive cases involving children. However, lacking a common legal framework and when the outcome of mediation is not satisfactory, this kind of dispute can only be dealt with through diplomatic channels.
The Honourable Member should be informed that the Commission has no general competence to act in individual cases concerning third countries. Can the Commission provide information on the current status of the trade negotiations with Mercosur, as well as the indicative timeframe for further proposals? Since the resumption of negotiations in , significant progress has been made with respect to the trade disciplines and rules. However, in order to make further progress towards the conclusion of the negotiation, a new exchange of market access offers the first and last took place in is necessary.
During , both the Commission and Mercosur have been focusing on the preparation of an exchange of tariff liberalisation offers and this work is being currently finalised. A concrete date for the exchange of offers has not been fixed yet at this stage, pending the finalisation of work on both sides. Huidige fijnstofnormen beschermen volksgezondheid en milieu volstrekt onvoldoende. Nieuw onderzoek van de Universiteit van Utrecht in Nederland toont aan dat de huidige Europese fijnstofnormen, vooral voor zeer fijne deeltjes PM 2,5 , de volksgezondheid volstrekt onvoldoende beschermen.
Het Utrechtse onderzoek is niet het eerste onderzoek dat aantoont dat de huidige normen niet voorkomen dat mensen ziek worden en voortijdig sterven. Te ruime normen en daaruit volgende vuile lucht zorgen voor verlies van levenskwaliteit en daarnaast ook voor hogere ziektekosten. Past de Commissie haar beleid aan, als nieuwe onderzoeken aantonen dat de luchtkwaliteit in Europa onvoldoende wordt gewaarborgd of zijn de huidige normen volgens de Commissie het best haalbare?
Het Utrechtse onderzoek toont aan dat er significant meer mensen sterven in gebieden waar maar net wordt voldaan aan de maximale, wettelijk toegelaten concentratie PM 2,5 in vergelijking met schonere gebieden. Gaat de Commissie specifiek actie ondernemen omtrent de kleine fijnstofdeeltjes PM 2,5 , aangezien steeds vaker wordt aangetoond dat vooral deze gezondheidsproblemen veroorzaken?
Waaruit bestaat dit pakket en wanneer wordt het gepresenteerd? Wat betreft PM2,5 wordt verwacht dat de effecten op de gezondheid daarvan tegen zijn gehalveerd vergeleken met De nieuwe strategie inzake luchtverontreiniging benadrukt ook dat het noodzakelijk is om te blijven streven naar een vermindering van de verontreiniging, en de huidige normen voor luchtkwaliteit te blijven herzien. New research conducted by Utrecht University in the Netherlands highlights that current European particulate standards, especially those for fine particles PM 2.
The Utrecht study is not the first to highlight that current standards are failing to prevent people getting ill and dying prematurely. Overly lax standards and the resulting unclean air result not only in a lower quality of life, but also in higher healthcare costs. Does the Commission adapt its policy if new studies indicate that air quality in Europe is inadequately guaranteed, or does it think that the current standards are the most feasible?
Translation of internet in German
The Utrecht study highlights that significantly more people die in areas where the maximum legally permissible PM 2. Is the Commission going to take specific action on small fine particles PM2. What does this package entail and when is it being presented? This proposal is an important step to achieve the EU's long-term objective to cut air pollution and secure benefits for the health of citizens. With regard to PM2. The new Air Strategy also emphasises the need to continue mitigation efforts and keep current air quality standards under review.
Can the relevant authorities in the Zachodniopomorskie region apply? No cross-border project has been included into the CEF annex. Which side instigated the closure? Does the Commission know the reasons for the closure of the aforementioned border crossing, and if so, what reasons were given? Does the Commission know what impact the closure of the aforementioned border crossing is having on the Bosnian side?
It became a BCP for international road traffic of passengers. The international road traffic of goods is no longer allowed. The interests of BaH were taken into account during a two years process facilitated by the Commission, which led to the above agreement. Legal proceedings which have been ongoing for a number of years at national level could already have been completed and brought to court by now. In the light of the EU-wide fight against money laundering, corruption and white collar crime, does the Commission think that the judicial assessment of the legal investigations against Rakhat Aliyev at national level could be accelerated if EU bodies such as Eurojust and Europol were consulted?
Is the Commission monitoring the current status of national investigations against Rakhat Aliyev? The Commission is aware, through media reports, of the investigations conducted against Rakhat Aliyev, notably related to money laundering. Member States' legislation still differs significantly when it comes to the definition of money laundering and to the level of criminal sanctions for this offence. The Commission is currently considering proposing changes to the existing legal framework on Anti-Money laundering.
While the Commission follows developments in Member States in general terms and looks into how cooperation is functioning in cross-border cases in practice, the Commission is not monitoring individual investigations. What measures are being taken to ensure that Member States enforce ETS regulations in the aviation sector? In particular, have Member States taken any action to ensure that penalties and fines are imposed against aviation companies pursuant to the ETS Directive as amended for failing to comply with their reporting obligations under the directive?
What are the limitation periods i. Is there a risk of companies escaping fines by virtue of the operation of limitation periods in the relevant Member State? However, unfortunately some non-compliance — including from third country aircraft operators — exists. While concrete enforcement procedures vary to some extent from one Member State to another, some common generic enforcement steps can be identified for all Member States in broad terms, namely:. Member States have chosen to pursue a coordinated enforcement approach facilitated by the Commission.
As regards the process expiry or deadlines for starting proceedings against operators in breach of their obligations, in some Member States indeed fines may need to be served or proceedings need to be started within one year from the breach of obligations. The European Commission follows these developments closely. Quali elementi della PAC intende mobilitare, o, altrimenti, quali mezzi possono essere mobilitati dagli Stati membri nel quadro della PAC — per compensare a breve termine o almeno in parte delle perdite subite dal settore? Intende attuare nuovi programmi di ricerca pilotati direttamente a livello europeo, in particolare attraverso il fascicolo agricolo dell'ottavo programma quadro di ricerca e sviluppo PQRS?
Gli Stati membri possono inserire tali misure nel loro programma nazionale di sostegno. In tale azione potrebbero rientrare i progetti di ricerca sulle malattie che colpiscono la vite. The incidence of diseases affecting the wood of grapevines in Europe, in particular eutypiosis, esca and black dead arm BDA , is increasing at a worrying rate. Vine growers are concerned, and rightly so, as these diseases affect the trunk of the vine and sooner or later lead to the death of the vine stock.
There is no known treatment at present. The extent and rapid growth of the problem have prompted a number of research projects in the various Member States, aimed at preventing, containing and possibly even eradicating these vine wood diseases. What research and resources have been mobilised or arranged to date at European level to combat these diseases?
What action will the Commission take under the CAP to offset, at least in part, the losses which the sector has suffered, and failing this what resources can Member States mobilise within the framework of the CAP to do so? Does the Commission intend to implement new research projects coordinated directly by the European institutions, for example under the agriculture section of the eighth FPRD?
Member States may introduce those measures in their National Support Programme. Research projects on vine wood diseases would be eligible under this action. Destruction d'un habitat de la tortue cistude d'Europe. The destruction was confirmed by the accredited environmental protection organisation Sepanso. The two main nesting areas on the edges of the cargo terminal site had already been destroyed, first in and then in , when buildings were erected. This habitat has been destroyed at a time when both a national action plan and an Aquitaine-wide regional plan for the European pond turtle are being implemented.
The European pond turtle is a freshwater turtle indigenous to France. The population is in decline throughout its distribution area and is currently occupying smaller areas. As a result, it is now a threatened species and must therefore be protected. There are only a few remaining population centres and they are all very cut off from each other: Member States must prevent the decline of these species and their habitats, through appropriate contractual, regulatory or administrative measures.
What does the Commission intend to do to preserve this site of major importance to the European pond turtle, a species of community interest? Het geachte Parlementslid lijkt te verwijzen naar ambtenaren van de Palestijnse Autoriteit PA die in de Gazastrook werken, van wie sommigen wellicht niet in staat zijn om hun taken te vervullen door de politieke situatie. In het verslag wordt niet verwezen naar een exact cijfer van ambtenaren die niet kunnen werken, en het is evenmin mogelijk om precies te weten over welke sectoren het gaat.
Dit is van essentieel belang om de eenheid van een toekomstige Palestijnse staat te handhaven en de positie van de PA de kern van de toekomstige Palestijnse staat in Gaza te versterken. If not, why not? The Honourable Member seems to be referring to Palestinian Authority PA civil servants based in the Gaza Strip, some of whom may be unable to perform their duties due to the political situation.
The report does not quote a precise figure of civil servants prevented from working, nor is it possible to be known with precision what sectors are most affected. The mass slaughter of street dogs has been taking place recently in Romania. The reason for the slaughter is the large number of freely roaming dogs and their increasingly frequent attacks on people. Romania then passed a law that allows stray dogs to be put down if nobody comes forward to claim or adopt them within two weeks of their seizure.
In addition, all Romanian dogs have to be identified and recorded, and the compulsory sterilization of half breed and purebred animals is also foreseen. Dog euthanasia has to be considered as a last resort option and performed in strict compliance with the OIE animal welfare standards. The Commission took note of this clarification and invited the Romanian authorities to be informed and updated on the achievements made.
The Commission has no specific role regarding the way stray dogs are managed by the national competent authorities and it does not envisage taking specific actions regarding this issue at European level. Det giver mulighed for at forbedre EU's kulturelle diplomati og styrke dets betydning for de internationale forbindelser.
Det vil lette koordineringen med Kommissionen og Europa-Parlamentet og supplere medlemsstaternes arbejde. In dit verband rijzen de volgende vragen:. Hoe kan gezamenlijke beleidsontwikkeling met alle betrokken belanghebbenden uit EU-landen op het gebied van cultuur, als onderdeel van publieke diplomatie, worden bevorderd? Nauwe samenwerking met de lidstaten en het maatschappelijk middenveld kan leiden tot meer gestructureerde samenwerkingsvormen en een doeltreffender gebruik van middelen. It aims to help identify strategies and visions for culture to contribute to the development of external relations.
The New Narrative for Europe, also adopted by Parliament, examines the place of Europe in the world, how it is perceived by its partners and the role of culture in the European integration process. Could joint policy development in the field of culture be promoted with all relevant stakeholders from EU countries, as a component of public diplomacy? The EU has a worldwide network of Delegations that serves as a source of initiative and a pole of coordination.
It provides an entry point for advancing EU cultural diplomacy and strengthening its impact in international relations. This will facilitate coordination with the Commission and the European Parliament and should complement the work done by Member States. Close coordination with Member States and civil society would advance more structured forms of cooperation and employ resources in an effective way. Social media also create a public information space in local languages.
Responsible for numerous civilian deaths, he fought alongside the German Condor Legion and the Italian fascist air force Squadra Legionaria of Benito Mussolini. Hermenegildo and the Grand Cross of Military Merit Will the Commission consider including these facts in its report on the implementation measures taken by the Member States in respect of the eulogising of authoritarian regimes? Will the Commission initiate infringement proceedings against Spain for its failure to act in order to combat intentional public incitement to violent fascism and hatred?
August von der Kommission beantwortet wurde. Juli beschlossen, die Umsetzung der Verordnung bis zum 1. Dezember zu verschieben. Eine weitere Unterrichtung des Parlaments in dieser Sache ist seit dem 9. August nicht mehr erfolgt. Gleichzeitig vermeldet die Presse, dass seit dem 1. Wie weit sind die Verhandlungen mit Russland zu einer Rahmenvereinbarung seit dem 9. Gedenkt die Kommission, sich an ihre Zusage vom 9. August , dass das Parlament unterrichtet wird, zu halten? The Commission is not negotiating a framework agremeent with Russia.
What is the Commission's assessment of the progress made in implementing the various anti-discrimination instruments at EU level? Is the Commission planning to draw up a proposal for a comprehensive strategy to combat xenophobic prejudice, discrimination, racism and hate crime? What specific action is the Commission considering, over the next few months, in the light of the findings of the abovementioned study by the European Union Agency for Fundamental Rights?
The Commission has called upon Member States to implement of EU legislation against discrimination and racist and xenophobic hate speech and crime, and has continued to monitor its implementation in regular expert groups with Member States. The Commission supports the work of FRA, which has published this year two new surveys focusing on the experiences of hate speech and hate crime by LGBT people and Jews. It will assess the correct implementation and application of the two directives as well as any potential gaps in protection against discrimination on the different grounds.
It will be accompanied by a guidance document for victims of discrimination on how to present a discrimination claim. Member States must also incriminate the public denial, condoning and gross trivialisation of the Nazi crimes when it is likely to incite to violence or hatred, which can be considered as a specific manifestation of antisemitism.
Many of the major Israeli agricultural companies that export produce to Europe participate in the illegal appropriation of Palestinian water, violate the rights of Palestinian workers and operate inside illegal Israeli settlements. These companies are among the primary beneficiaries of the EU-Israel agreement on agriculture.
Did the Commission conduct a human rights impact assessment of the agreement on agriculture before it was negotiated? If so, what were the conclusions of the impact assessment? Will the Commission conduct an assessment of the human rights impact of its agreement with Israel on agriculture? As a result, products from the Israeli settlements in the occupied Palestinian territories cannot benefit from preferential EU market access. Tens of thousands of shareholders will see the value of their share fall to zero, while many thousands of small local businesses whose loans have not been transferred to another lender risk surprises, and it is very possible that in the future — due to their size and their reduced access to funding, at least until — they will not be financed by the commercial banks.
The cooperative banks in Greece are being handled by the supervisory authority in the same way as large commercial banks, with the result that they are unable to fulfil their role, which is to keep the local economy running. In the crisis, the duty of the supervisory authorities of each country in Greece, this is the Bank of Greece theoretically includes an educational process, mainly with regard to the smaller banks, with a view to enabling them to return to health and to function in the situation following the crisis.
Within this framework, do the Commission and the European Central Bank think that the Bank of Greece has fulfilled its role satisfactorily? How can citizens, small and medium-sized enterprises and social enterprises have access to financial products at a time when the commercial banks have closed off the flow of finance to the real economy and the cooperative banks are now closing? Are the decisions of the supervisory authority on shrinking cooperative credit in Greece compatible with the effort to reconstruct the economy?
The European Commission does not assess the educational programmes of national supervisory authorities. The aim of banking regulation is to ensure a safe and sound financial system that can support the real economy. Who, according to the Commission and the European Central Bank, is responsible for the closure of the three cooperative banks, a move which is unfavourable to citizens and the local economy?
Is it true that their capital adequacy ratios compared with the banks that were finally recapitalised through the TWF were significantly better once it was decided which banks would be recapitalised? Are they able to judge whether, in respect of bad debt estimates, the terms for raising capital, the procedures for informing those under supervision and the deadlines set, the supervisory authority followed the same approach as with commercial banks, or applied a less favourable one? Thus, the HFSF did not provide capital to cooperative banks.
The Honourable Member is kindly referred to the competent authority for information on the procedures it has followed. The Pentadaktylos is an elongated limestone ridge extending along the north coast of Cyprus, which is under Turkish occupation. The Pentadaktylos includes large forest areas, with numerous rare species of trees, bushes and herbaceous plants. The fauna of Pentadaktylos includes many species protected by European legislation. For example, the area has beaches providing hatcheries for sea turtles and habitat for Mediterranean seals.
It has recently been discovered that an unprecedented environmental and ecological disaster is taking place through the uncontrolled and thoughtless operation of 39 illegal quarries by the Turkish occupying authorities. The extensive and unregulated quarry works and the daily traffic involving heavy machinery are levelling the peaks and valleys of the mountain range by removing the rocks and, at the same time, wiping out the flora and fauna of the region.
Does the Commission intend to examine these new criminal activities of the pseudo-state, and to take the necessary steps to halt this major environmental disaster? Does the Commission intend to intervene and immediately suspend all quarrying activities, as well as implement restoration programmes for the natural environment? Does the Commission intend to intervene to ensure that practices complying with European legislation on quarrying are adopted?
The Commission continues to monitor the issue and regularly raises with the Turkish Cypriot community the need to apply appropriate conservation measures and protect the environmentally sensitive area. In particular, the Commission reiterated its assistance offer to the Turkish Cypriot community in identifying and proceeding with the steps needed to designate a Special Environment Protected Area for the Kyrenia mountains range and in putting in place the necessary measures to control current and future activities. Se trata de un incumplimiento flagrante del principio de tutela efectiva, un procedimiento ilegal con base en el cual se ha condenado a ciudadanos a una deuda perpetua.
Vertragsverletzungsverfahren gegen Spanien wegen seines Hypothekengesetzes. Mai in Kraft. November verboten wurde. Inbreukprocedure tegen Spanje wegens de Spaanse hypotheekwet. Dit had het pad moeten effenen voor een betere rechtsbescherming voor huishoudens die met uitzetting worden bedreigd. Het arrest van het EHvJ zou moeten gelden voor alle uitzettingen in Spanje sinds , toen de periode voor omzetting van de richtlijn afliep. Alle executies die in deze periode hebben plaatsgevonden, hadden door de Spaanse rechtbanken illegaal moeten worden verklaard, en de zaken zouden moeten worden heropend om de rechten van de consumenten gezien de oneerlijke bedingen te beschermen.
Helaas zijn de suggesties van het EHvJ niet onverkort overgenomen en heeft de regering hypotheekhouders niet de mogelijkheid gegeven om hun executieprocedure als onrechtmatig aan te vechten. Die zaken zijn niet heropend en evenmin zijn de schulden heronderhandeld, ook niet nadat het Hof de Spaanse wet als oneerlijk en in strijd met het EU-recht had bestempeld.
Dit is een duidelijke schending van het beginsel van doeltreffende wetshandhaving, waardoor burgers op grond van een illegale procedure zijn veroordeeld tot levenslange schulden. Zal de Commissie erover nadenken om wegens deze hypotheekwet een inbreukprocedure tegen Spanje in te stellen? Hoe wil de Commissie erop toezien dat hypotheekleningen die volgens een ondeugdelijke wet zijn verstrekt, worden geannuleerd of heronderhandeld en dat de consumentenrechten in Spanje doeltreffend worden beschermd? Tot dan toe werd deze index gebruikt voor alle hypothecaire kredietcontracten die werden afgesloten in Spanje.
Er blijven wel enige problematische maatregelen voor bestaande contracten met dergelijke indexen, waardoor consumenten de toegang wordt ontzegd tot de rechter en tot rechtsmiddelen tegen deze overgangsbepalingen. De Commissie beoordeelt momenteel het totale effect en de evenredigheid van deze wijzigingen en zal dienovereenkomstig handelen. This should have opened the door to improved legal protection for households facing eviction.
The ECJ ruling should apply to all eviction cases in Spain since , when the period for transposition of the directive ended. All foreclosures processed in this period should have been declared illegal by the Spanish courts, and the cases should be reopened in order to protect consumer rights in the face of abusive clauses. Unfortunately, the suggestions made by the ECJ were not fully taken into consideration and the government has not allowed mortgage holders to denounce their foreclosure proceedings as unlawful.
Around evictions have been carried out since under the previous Spanish mortgage law, under which homeowners were forced to pay their debts as well as being evicted. This is a clear violation of the effective guardianship principle and citizens have been condemned to perpetual debt on the basis of an illegal procedure.
Will the Commission consider launching infringement proceedings against Spain as a result of this mortgage law? How will the Commission guarantee that mortgage credits granted under an abusive law are cancelled or renegotiated and that consumer rights are effectively protected in Spain? The Commission is currently assessing the overall impact and proportionality of these amendments and will act accordingly. Every year at least 70 people are hospitalised in Europe because of burns or smoke inhalation.
In such locations the greatest threat to occupational health and safety is fire in the building. The inherent fire safety levels of buildings will continue to be established by their architects, owners and contractors. There are three areas where employee protection can be positively influenced in the workplace:. Good housekeeping, including ensuring escape routes are kept clear, fire doors closed and fire prevention equipment checked and regularly maintained.
Establishing an evacuation plan and holding regular fire drills for all employees, including seasonal or shift workers. The appointment and training of fire safety officers from the workforce who can take charge and organise others in an emergency. What steps will the Commission take to ensure that fire safety is given the necessary attention in the forthcoming EU occupational safety and health policy framework?
Will the Commission take specific measures in other forthcoming initiatives in order to improve fire safety in Europe? It will inform other EU institutions and the stakeholders and, where needed, make recommendations to improve the operation of the regulatory framework. Pending the results of this ongoing evaluation, the Commission does not envisage proposing at this stage any additional measures in relation to occupational fire safety.
Input from relevant stakeholders is however crucial in any such consideration. Rapporti interaziendali Meridiana Fly — Air Italy e violazione delle condizioni contrattuali dei dipendenti. Da diversi anni il gruppo Meridiana versa in un grave stato di crisi aziendale che ha costretto i vertici societari a ricorrere all'istituto della cassa integrazione per migliaia di dipendenti Meridiana Fly, Air Italy e Meridiana Maintenance. Al fine di garantire la ripresa dell'azienda, nell'autunno del , il gruppo acquisiva il vettore Air Italy, integrandolo nel proprio ramo aziendale.
Il nuovo assetto societario avrebbe dovuto rendere maggiormente competitiva e efficiente la compagnia creando al tempo stesso i presupposti per il risanamento aziendale. A due anni di distanza, quella che sembrava essere una missione di salvataggio dell'azienda si configura invece come una vera e propria operazione di dumping.
La Commissione non ha poteri per interferire nelle decisioni specifiche delle imprese. In caso di controversia, spetta ai tribunali nazionali stabilire se vi sia stato o meno un trasferimento ai sensi della direttiva. The new acquisition should have made the company more competitive and efficient, simultaneously creating the conditions for business recovery. Two years on, what appeared to be a company rescue mission has actually turned out to be an exercise in dumping. This has involved flight operations being gradually switched from the Meridiana Fly division to the Air Italy division, with Meridiana Fly aircraft being partially decommissioned and new aircraft consequently being purchased for Air Italy; it has also involved cutting staff costs, as Air Italy issues less onerous contracts.
Since , an increasing number of flights with the airline designator IG Meridiana Fly have been scheduled and operated using Air Italy staff and aircraft. Can a company Air Italy in crisis with workers laid off under the special wage guarantee fund, as authorised by the National Institute of Social Insurance, take on staff, without first using its own staff laid down under the special wage guarantee fund, as it is required to, or, failing that, Meridiana Fly group staff, but maintaining all the safeguards provided for by the contract signed by the controlling company?
The Commission has no powers to interfere in specific company's decisions. Therefore, the Commission is not in a position to comment Meridiana Fly's business decisions. It is for the competent national authorities, including the courts, to ensure that the national legislation transposing these Directives is correctly and effectively applied by the employer concerned, having regard to the specific circumstances of the case.
For a transfer to be deemed to exist within the meaning of the latter, two conditions must be met: In case of dispute, it is for national courts to rule whether there is a transfer or not within the meaning of the directive. Well-educated women, with their professionalism and skills, are helping develop traditional lifestyles and ways of doing business. At the same time, they are instrumental in stabilising and modernising these forms of activity, which is why they have an essential role to play in the sustainable development of rural areas.
This is particularly true in agriculture, a sector where women have made a significant contribution in recent years to making enterprises more diverse and adapting them to market conditions. Given that particular attention needs to be focused on women in Europe in every area of activity and that women need to have unrestricted access to the resources which support agriculture, what strategy does the Commission have to ensure adequate social protection for women working in agriculture?
What measures does the Commission intend to take to guarantee these medium-term social security schemes which will help improve perceptibly the social situation of women involved in agriculture in Europe? The Commission recognises the important role that women play in the agricultural sector and the need to ensure adequate social protection for these women as well as women working in similar situations and those working in a self-employed capacity.
In so doing, it provides that there shall be no discrimination on grounds of sex and gives examples as the establishment, equipment or extension of a business or the launching or extension of any other form of self-employed activity. It also provides for positive action so that Member States may maintain or adopt measures with a view to ensuring full equality in practice and gives the example of promoting entrepreneurship initiatives among women.
Discapacidad y necesidad de personal especializado. Since the s, early intervention that enriches the educational environment of children with disabilities has been known to have very positive effects on the neuropsychological development of such children. In recent years, scientific research has focused on understanding the specific nature of each syndrome involving cognitive or developmental disabilities. These advances involve research into what mutations occur in certain genes in each type of disability, affecting health, memory, perception, learning and language.
At present, there is a general lack of training among teachers and support staff for individuals with disabilities throughout the education system. What action does the Commission intend to take to facilitate suitable training and support for professionals who work with children and adults with disabilities? Member States are responsible for the content and organisation of their education systems; the Commission supports their efforts to modernise and improve them.
The Agency provides analysis and evidence of good educational practices, makes recommendations and develops tools to evaluate and monitor progress. Also in the period , EU Member States can mobilise resources from the new European Structural and Investment Funds to support the education, training and skills development of people with disabilities. Attention deficit disorder with or without hyperactivity ADHD is a disorder that begins in childhood and is characterised by difficulty maintaining focus, hyperactivity, excessive movement and impulsivity or difficulty controlling impulses. This is due in part to the current economic crisis, which has led to significant cuts in resources for health and social policies.
In consequence, healthcare systems — and particularly mental health services — are being increasingly cut. Among mental health disorders, attention deficit hyperactivity disorder is one of the least known and least understood psychiatric conditions. It is estimated to affect approximately one in every 20 children or adolescents in Europe, and in many of them it continues into adulthood.
However, very few people with ADHD receive a suitable diagnosis and support. The lack of access to diagnosis and support frequently results in the problem getting worse and a lower quality of life. That can affect interpersonal relationships, academic performance and professional performance. Does the Commission think that future social and health policies satisfactorily address research and support in relation to this disorder? In light of the specific nature of this disability, does the Commission think that training programmes should be established for teachers and support personnel who are in contact with children with ADHD?
The Commission has no plans for actions to raise social awareness of attention deficit hyperactivity disorder ADHD as such action primarily falls under the responsibility of Member States themselves. The content of teaching and the organisation of education and training systems is under the responsibility of the Member States. Through the Open Method of Coordination, the Commission supports Member States in their efforts to improve their education systems and the training of teachers. For example, the expert group on Maths, Science and Technology Education has been in place since The preliminary report of this group points to the need to motivate and train teachers and support personnel to address the specific needs of children with disabilities in general and ADHD in particular.
Vahlen, , etc. DJB Diagonale, , etc. Sluzbeni glasnik, , Internationales Privatrecht vol I. L , etc. Three main issues arise from the above-mentioned deinition and represent the central subject of this paper: First, it is very important to deine which results of applying diferent national laws should be corrected or avoided by adjustment method.
There are two main opinions. According to the irst, contradiction of norms substantive rules as a result of application of diferent national laws has to be avoided by adjustment method6. The second opinion, presented by Professor Gerhard Dannemann from Germany, inds that the adjustment method is used to prevent so called acciden- tal discrimination7. Both opinions are going to be presented and analyzed in this paper II. Second, the fact that the court can modify, ignore or create norms in order to correct the outcome of a case raises the question of permission and justiication of the adjustment method in Serbian private international law.
Serbian authors8 have opposing opinions on this matter9. There- fore, it is of great importance to explain why rules have to be adjusted III. Third, when it is necessary to apply the adjustment method, a judge must follow some prin- ciples in order to modify or create rules. These principles, which have been already developed in foreign literature and judicial practice, will be discussed IV. I then tried to inter- pret their application in Serbian private international law. Generally speaking, the present paper should be comprehended as an initiative to promote discussion on implementing the adjustment method in Serbian private international law.
This is also the prevailing opinion in Serbian litera- ture relating to private international law The application of several national laws in cases with a foreign element and the occurrence of contradictions of norms arise as a consequence of the conlict rule method, which is an analytic method by its nature That means that all basic institutes of private international law especially characterization of legal issues, incidental question, renvoi and conlit mobile may cause contradic- 5 Christian, von Bar. Beck, , Rn Die Anpassung im inter- nationalen Privatrecht.
Mohr Sie- beck, , A case with a foreign element splits on several connected legal issues for which the legislator has created diferent conlict rules. If these conlict rules refer to diferent national laws, it can happen that the substantive rules of invoked national laws are not coordinated, i. The application of non-coordinated substantive rules of diferent applicable national laws very often produces an unfair and unjust result which is unintended unwanted by any of these national laws. This result, including the whole situation as such, is named contradiction of norms The national law, which provides the rules that govern the matrimonial property regime, inds that the widow should receive a share under the rules on inheritance law.
None of the rules providing a share for the widow have been invoked in this case. It could also appear that the combined application of the national law applicable to mat- rimonial property and the national law applicable to inheritance produces the result that a widow receives a double share of the estate, notwithstanding the fact that both national laws agree to give her less.
It happens because the conlict rules of the forum have invoked all substantive rules of both national laws which provide a share for a widow. It is just that their common application produces a result which is not in accordance with the intentions of any applicable national laws It should be stressed out that there is no unique deinition of contradiction of norms. In deining this notion authors primarily put an accent on applicable norms and its mutual contradictions, but lot of them take into consideration a result of application of these norms too.
However, I ind that all authors who dealt with contradictions of norms usu- ally not always have in mind the same situations, despite of their slightly diferent deinitions. This conclusion does not apply to so called logical contradictions and one-sided contradictions which are not to be discussed in this paper.
For more fully discussion on contradictions of norms see Djordjevic, Prilagodjavanje, Der Ehe- und Erbvertrag im internationalen Verkehr. He inds that accidental discrim- ination occurs when the outcome of a case with a foreign element international case difers from the outcomes of otherwise identical cases which are connected to only one of the legal systems involved so called national cases and this diferent treatment is not intended by any applicable rule Simply, he compares the outcomes of international and national cases: It should be stressed that many situations marked as a contradictions of norms are at the same time accidental discriminations.
However, the latter term is clearly oriented to the results of cases with a foreign element i. This kind of accidental discrimination occurs as a conse- quence of applying rules on jurisdiction and recognition and enforcement of foreign judgments. For example, the rules on jurisdiction of the Serbian court in proceedings for distribution of estates after death Articles of Serbian Private International Law Act — PIL Act are based on the criteria of distinction between movable and immovable property and the citizenship of the deceased person.
The consequences of application of these rules can be that the Serbian court has jurisdiction for distribution of some parts of an estate of a deceased person, while the distribution of the rest of the estate falls under the jurisdiction of the foreign court. Making decisions on the distribution of diferent parts of the estate of a deceased person in two jurisdictions countries can be more or less coordinated.
Uncoordinated decision-making processes in Serbia and a foreign country often leads to an unfair and unjust result for one of the parties successors , which would be not produced if only one of the courts the court of one country decided on distribution of the whole estate. This means that accidental discrimination has occurred: He established reliable criteria for recognizing the outcomes of the cases which should be avoided by adjustment.
Accord- ing to my opinion, for the irst time it is mostly clear when the adjustment method must be used. One of the most visible and important remarks and reinements I made targets the requirement that accidental discrimination can not be intended by any applicable rule. If these rules intentionally lead to unequal treatment, it will not amount to an accidental dis- crimination The best examples of these rules in Serbian law are those requiring the existence of reciprocity for acquisition of property rights on real estate by foreigners25, and the rule on special requirements for adoption of a child by a foreigner Discussing the aforementioned element of accidental discrimination, Dannemann did not deal with the following problem: It could appear that unequal treatment is not intended by any ap- plicable substantive rule, but the conlict rule of the forum produces unequal treatment in a given case because it intends to achieve a special aim which is implied in this conlict rule.
Is it permitted to use the adjustment method in this case? Unequal treatment in these kinds of situations represents a consequence of the achievement of a special aim, which is ratio legis of the conlict rule. When the legislator formed these kind of conlict rules, he had in mind only the achievement of a special aim, notwithstanding the consequences the conlict rule can produce.
So, the legislator accepted all negative consequences of applying the conlict rule, including unequal treatment, in order to secure the achievement of the intended aim. Simply, it seems that the priority of achieving the intended special aim justiies the appearance of discrimination. That means the adjustment method should not be applied because discrimination is not accidental.
The described conlict rules are not very common. One of them is a conlict rule for tortious liabil- ity contained in Art. According to the basic rule Art 28 para. For example, an act has been performed in country A whose law considers the performed act as lawful, and consequences have occurred in country B whose law has the opposite stance — the act is unlawful.
It can be further imagined that according to the law of B the period of time in which a 24 In his habilitation Dannemann discussed a lot of cases in which unequal treatment is justiied.
International Trade and Business Law Review
Danneman, Ungewollte Diskri- minierung, etc. Medjun- arodno privatno pravo — zbirka unutarnjih, europskih i medjunarodnih propisa. Narodne novine, , 4 etc. However, all other issues from the domain of tortious liability are gov- erned by the more favorable law applicable pursuant to Art. Therefore, the combined fragmented application of two diferent national laws i.
Enacting the special conlict rule for unlawful acts, the Serbian legislator was mostly aware of the consequences which could be produced by its application. Therefore, one can say that this unequal treatment discrimination is not accidental and should be considered as a consequence of achieving the special aim of Art.
There is no need for adjustment However, a serious question can be raised. Does the achievement of a special aim contained in Art. The importance of asking this question becomes obvious, if one takes into account the extent to which ubiquity rule and the principle of more favorable law can really be discriminatory. Allowing the injured person to choose a more favorable law, the ubiquity rule puts a person injured in a so called distance tortious event in a better position than a person injured in local tortious event i.
Additionally, a person liable for damage occurred in a distance tortious event is in a worse position than a person liable for damage that occurred in a local tortious event or in a purely domestic tortious event When the conlict rule for unlawful character of a tortious act Art 28 para.
So, I ind that the achievement of a special aim implied in Art. For a defendant, unequal treatment produced by Art. His reasonable and legitimate expectations are failed. So, I ind that adjustment should be applied. Therefore, when unequal treatment is produced as a consequence of the achievement of a special aim implied in a conlict rule of the forum, the court must examine and value to what extent the achievement of this aim is important and reasonable for parties in a given case. If this examina- tion shows that achievement of a special aim is not reasonable enough to justify unequal treatment, adjustment must be applied and vice versa.
Art 32 of the Serbian PIL Act may serve as a good ex- ample for justiied unequal treatment caused by the conlict rule of a forum: Mohr Siebeck, , We should not be surprised that ubiquity rule does not prevail in contemporary international tort law. The ratio legis aim of Art 32 is to facilitate the conclusion of marriage i. This aim should be considered reasonable enough to justify the unequal treatment of international and national cases. Of course, it must be examined in each case.
At the end of this chapter I would like to briely point out another problem which could arise in the determination of accidental discriminations. Having in mind that accidental discrimination occurs when two involved legal systems agree on the treatment of national cases and that treat- ment deviates from the result which both legal systems produce when taken together, one can ask to what extent the outcome of an international case has to deviate from the outcomes of national cases.
When a claimant, due to the combined application of two national laws, receives more or less than he would receive when these laws apply in tandem, there is no doubt that accidental discrimination has occurred. However, in some cases it could happen that the combined application of two national laws gives to the claimant less than one national law and more than another national law intends. This result has to be understood as a compromise of applicable national laws and should not be avoided by adjustment According to Professor Aleksandar Jaksic33, the need for adjustment of applicable rules de- rives from the principle of unity of the legal system34, which cannot permit the existence of contra- dictions of norms caused by the combined application of diferent national laws.
Consequently, the courts are entitled to use the adjustment method in order to achieve the substantive result which would be accomplished if the rules of only one of the national laws involved applied in a given case Jaksic particularly emphasizes that justice must be exercised on both levels, i. That means private international law should outgrow its initial subject and in the phase of applica- tion of substantive law prevent contradictions of norms On the other hand, professors Stanivukovic and Zivkovic have a view that adjustment of conlict and substantive rules, i.
If the court decides to use the adjustment method, it would be contra legem 31 See Art. Anpassung von Kollisions- und Sachnormen. De Gruyter, , According to my opinion, the adjustment method is necessary and has to be permitted in Serbian private international law. The standpoint of classical PIL scholars, that private international law exclusively has an as- signment to determine applicable national law without any possibility to afect the inal substantive result of the case with a foreign element, should be considered archaic and mouldy in contemporary private international law Referring to the most closely connected national law and applying the substantive rules of that law should not have strictly separate paths, since the aim of referring i.
For that reason it is necessary to adjust conlict rules or rules of the ap- plicable national law in order to avoid accidental discriminations and re-establish substantive justice in concreto. Considering that accidental discriminations obviously are not in accordance with the basic concept of justice and fairness, it is not hard to conclude that these results amount to infringement of the constitutional principles of equal treatment Art. This view has already been discussed by several German au- thors, i.
Sonnenberg43, Looschelders44 and particularly Dannemann I have reined their ideas and views especially those of Dannemann in order to develop a strong standpoint in favor of permis- sion and justiication of the adjustment method in Serbian private international law The principle of equal treatment in the legal system of Serbia should be understood as pro- hibition of treating the same or very similar cases unequally or treating diferent cases equally, with- out justiied and legitimate reasons Considering that, in essence, this principle lies in the achieve- ment of justice, its role is to secure the justiied and fair application of norms rules in concreto.
This means that a judge can exceptionally, in the name of justice and fairness, complement, adjust or correct a rule if its application in a given case would otherwise lead to an obviously unjust and 38 Ibid. Der Renvoi im IPR. Mohr Siebeck, , etc. Zur Struktur des IPR. Zum Wandel des Internationalen Privatrechts. Everyone shall have the right to equal legal protection, without discrimination. All direct or indirect discrimination based on any grounds, particularly on race, sex, national origin, social ori- gin, birth, religion, political or other opinion, property status, culture, language, age, mental or physical disability shall be prohibited.
The rule of law shall be exercised through free and direct elections, constitutional guarantees of human and minority rights, separa- tion of power, independent judiciary and observance of Constitution and Law by the authorities. See Djordjevic, Prilagodjavanje, Privredna akademija, , ; Djordjevic, Srdjan. Pravni fakultet u Kragujevcu, Kragujevac, , See also Jaksic, Aleksandar. Komentar Evropske konvencije o ljudskim pravima. Centar za publikacije Pravnog fakulteta u Beogradu, Beograd , etc. So, when the result of combined application of diferent national laws result of an international case deviates from results which would be produced by application of any of these laws results of national cases and when the result of fragmented decision-making in diferent jurisdictions international case deviates from results which would be produced in any of these jurisdictions national cases , it may be said that we are presented with unequal treatment of international and national cases without justiied reason: This should be considered as infringement of Art.
Therefore, adjustment of rules is needed and justiied in order to avoid infringement of the constitutional principle of equal treatment. The rule of law principle is a fundamental prerequisite of the Serbian constitution, which is based on inalienable human rights Its role is to provide legal certainty inside the domestic legal system There is no doubt that the rule of law principle should build a reliable legal system which provides for parties a possibility to foresee the consequences of their acts. This foreseeability can fail not only because of indeterminate content of norms in the Serbian legal system, but also because of determinate content of norms of diferent legal systems or decision-making processes in difer- ent jurisdictions, whose combined application or uncoordinated decision-making produces a result which fails to secure the reasonable expectations of the parties.
However, when these laws are applied in tandem the widow is left with nothing. Her legitimate and reasonable expectations have been failed, i. The same happens in situations involving an uncoordi- nated sequence of decisions in diferent jurisdictions. If the court of one of the jurisdictions involved decides on distribution of the whole estate, the successor receives a share.
However, when decisions on distribution of diferent parts of the estate of the same deceased person are made in two jurisdic- tions countries , the successor receives less or is left with nothing. His legitimate and reasonable expectations have been failed. Therefore, these results, i. Bearing in mind that principles of equal treatment53 and the rule of law are cornerstones of human and minority rights guaranteed by the Constitution of Republic of Serbia54, there is no doubt that unjust and unfair results from the combined application of diferent legal systems and results from fragmented decisions in diferent jurisdictions i.
These rules also have a rank of constitu- 48 In this manner also Kostic, Maja. Sluzbeni list SCG, , etc. Sluzbeni list SRJ, ; F. That means all other norms rules and results of their application have to be in ac- cordance with the rules on human rights — lex superior derogate legi inferiori. The duty of courts to intervene in these situations comes from the Constitution and is implied in the lex superior derogate legi inferiori rule, which is only one of those used to protect the principle of constitutionality and legality.
So, the adjustment method is not contrary to the legality principle. I would rather say that it serves to secure its protec- tion in a given case. Principles of Adjusting the rules The courts are conferred with a power to adjust the rules, i. So, they have to choose one of these solutions in a given case, i. The solution which should be chosen depends on the so called principle of least resistance established by German professor Gerhard Kegel This principle orders that the advantage has to be given to stronger interests in order to achieve a fair result in a given case with a foreign element This means adjustment should be taken in the legal system which possesses rules least resistant to adjustment.
These are the rules which are the most convenient for adjustment in concreto. In order to avoid the result that she is left with nothing, the scope of the conlict rule for matrimonial property should be expanded to cover the inheritance issue. This is naturally followed by reducing the scope of the conlict rule for inheritance. After the expansion-reduction 55 See Art. Further, it should be clearly distinguished from regular interpretation and application of the rules, and especially from other similar but at the same time clearly diferent meth- ods in private international law such as substitution and transposition Adjustment should be understood as an ad hoc methodological mean instrument of pri- vate international law by which courts or other authorities intentionally modify, ignore or create conlict rules, rules on jurisdiction and applicable substantive rules in order to avoid so called accidental discriminations.
Accidental discrimination occurs when the outcome of a case with a foreign element inter- national case deviates from the outcomes of otherwise identical cases which are connected to only one of the legal systems involved so called national cases and this diferent treat- ment is not intended by any applicable rule. If diferent treatment is produced by the conlict rule of the forum as a consequence of achievement of a special aim implied in this rule, the court must examine to what extent achievement of this aim is reasonable to justify unequal treatment in a given case.
If it is not reasonable, it should be considered that the resultant discrimination is accidental. Accidental discriminations cover not only the results of combined application of substantive rules of diferent national laws, but also the results of combined fragmented decisions on a case with a foreign element or other application of laws in diferent jurisdictions countries. The adjustment method is permitted in Serbian private international law.
It represents a rem- edy for healing infringements of the rule of law principle, the principle of equal treatment and other human rights guaranteed by the Serbian Constitution. The rules on human rights, notwithstanding the legal source from which they originate, have a rank of constitutional norms in the Serbian legal system and have to be directly applied in a given case.
The court can choose the conlict solution modifying or creating the conlict or jurisdiction rules or the substantive solution modifying, ignoring or creating new substantive rules in order to prevent accidental discrimination. The solution which should be chosen depends on the so called principle of least resistance, which provides some instructions for the court on how to adjust the rules in concreto.
A special part in my dissertation is dedicated to similar instruments of private international law, i. Consolidation of arbitration proceedings, resulting in a multi- party procedural relationship, as well as joinder and intervention of third-person, non-signatories to the arbitration agreement, are viewed only from the surface for the purpose of identifying possible problems their emergence in arbitration may cause. The development of a judicial approach to pro- cedural questions raised by participation of multiple subjects in contractual reltionships is show- cased through the analysis of the United States Supreme Court Decision, which set grounds for restricting multi-party arbitration only to sitations where participation of multiple parties in a single proceeding is expressly provided for in the arbitration agreement.
Introduction The reasons multiparty arbitration is an interesting and signiicant topic could be boiled down to three fundamental ones: The legal-political reason is in ever-growing importance in the realm of modern legal communication, which becomes more intense and more complex, with more transactions involving multiple participants, from which dis- putes eligible for resolution by the means of arbitration may derive. Most of these issues may be addressed only indirectly — through the extensive interpretation or the accordant ap- plication of provisions which were tailored exclusively for the ordinary, bipolar, two-party procedural scheme of arbitral proceedings.
Neither in international arbitration practice have standpoints on this matter been harmo- nized, nor principles with universal application for creating acceptable solutions to the problems that may arise have been established. Likewise, of utmost importance is the application of the results of academic research for the purpose of directing possible pathways for overcoming both theoretical and practical diiculties related to the participation of multiple subjects with party capacity in arbitral proceedings. A veritable surrogate for the public justice system, it touches the lives of many persons who, because of their status as investors, employees, franchisees, consumers of medical care, homeowners, and signatories to standardized contracts, are bound to private processes traditionally employed by commercial parties.
Arbitration Agreement Arbitral agreement is the most common and universally accepted ground for instituting multiparty arbitration. The consensus with respect to arbitral resolution of disputes derived from multiparty or complex contractual relations is very hard to achieve. The diiculties are much greater when it comes to complex transactions, in comparison to multilateral ones, since the relations between par- ties are regulated by multiple separate contracts.
The arbitrator, encountering the request for consolidation or the problems of joinder or in- tervention in arbitration, primarily will look into the provisions of the arbitration agreement. With respect to this, three possible situations may arise: Therefore, generally speaking a third party who did not consent to participation in arbi- tration between two initial parties can not be forced to do so.
However, in international arbitration practice it is not uncommon for the arbitration proceeding to be initiated by or against non-signa- tories to the arbitration agreement. Such a situation raises the question whether, and under which conditions, an arbitration agreement may be extended to be applied to such persons.
Shearson Lehman Hut- ton, Inc. Therefore, it is not just to insist on legal identity separability in order to avoid arbitration, in cases when such separation is artiicial and the efects of enforcing it would cause the breach of fairness in international business dealing. Court Decision The state court decision may be a ground for participation of multiple parties in arbitra- tions proceedings, in cases when such participation is not expressly provided for by the terms of the arbitration agreement.
However, treating a court decision as an autonomous ground for instituting multiparty arbitration may only be conditional, since even the most liberal legal regimes still insist on party consensus as a primary basis for allowing the participation of multiple subjects in arbitra- tion. As international transactions are growing in complexity, certain procedural problems in international arbitration are becoming more frequent and more apparent. Certainly, among the most complex issues in this ield are those pertaining to consolidation, joinder and intervention of third parties in arbitration proceedings.
Numerous state courts and arbitral tribunals have taken a position, sup- ported by the majority of scholars, that third parties have no right to intervene in the pending ar- bitration proceedings, nor are consolidation or joinder possible in the absence of all potential par- ties. The necessity is most apparent with respect to complex multi-party transactions, where all subjects involved are often not signatories to a single arbitration agreement, nor is it likely that con- sensus on a single multi-party arbitration agreement could be subsequently achieved.
Carte Blanche International Ltd. Fostering or Hampering International Commerical Arbitration? An Oxymoron or the Solution to a Continu- ing Dilemma? Multi-party disputes also arise in the ields of maritime law, insurance and reinsurance, franchise etc. Two Diferent Approaches to the Legal Nature of Arbitration Those who see arbitration as a purely contractual phenomenon13 with no common features with litigation, hold that third persons, as aliens to the arbitral agreement, have absolutely no right to intervene or join the parties to the arbitration proceedings.
On the other hand, those who hold that an option to consolidate proceedings and the right to join or intervene should exist in a certain, limited scope, independently of the wording of the arbitration agreement, also view arbitration as an individualized mechanism for resolving disputes in which party autonomy dominates, but insist that certain pragmatic reasons and procedural principles, taken over from litigation, may inluence its physiognomy. Therefore, the imitation of litigation may not be a main feature of arbitration.
Forms of Participation of Multiple Subjects with Party Capacity in Arbitration Proceedings The participation of multiple parties, as well as the existence of multiple claims, is a universal feature of multi-party arbitrations. The most eicient way to decide on rights and duties of all the parties, which ensures the highest level of legal certainty, is to apply procedural institutes which provide for the integrative decision making in a single proceeding, i.
Special attention is drawn to the problems of consolidation of arbitration proceedings based on arbitration agreement, then to those pertaining to compulsory consolidation, and inally to the issues related to consolidation of arbitration and state-court proceedings. One step forward towards further adjustment thereof to the needs of multi-party arbi- tration would be drafting the model arbitration clause for multi-party arbitrations, which would be tailored in accordance with the Arbitration Rules.
The results of research on compulsory consolidation, on the other hand, show that neither the national legislations nor the leading arbitration institutions accept this form of consolidation. When it comes to consolidation of arbitration and state-court proceedings, even though it may be desirable, numerous conceptual and procedural diiculties appear. The party autonomy principle imposes the requirement that all potential parties to the consolidated proceeding agree to consolidation.
Excessive court intervention, which would undermine the rule of consesualism with respect to consolidation, is deinitely not desirable, even though it is often justiied by the interests of eiciency and legal certainty. The speciic features of joinder and intervention in arbitration, in comparison with their cor- respondents in litigation, derive from the contractual construction of arbitration and are relected, among other things, in the manner of their realization, possible forms, and terms of admissibility.
However, at least in international arbitration, such an a priori position is disputed by many, holding that the omni-present liberalization of arbitration makes this restrictive approach to interpretation of arbitration clauses obsolete. Speciic Forms of Multiparty Arbitration and Judicial Review of Arbitration Awards Class arbitration is a speciic form of legal protection of a large number of subjects.
To this group also belong concurrent, parallel and consecutive arbitrations, whose peculiarities are relect- ed in the fact that these forms actually do not include the conduct of a single proceeding with multiple parties, but rather multiple proceedings with diferent parties and related subject matters, conducted before arbitral tribunals with the same personal composition, which results in increased eiciency in resolving multiple disputes and the consistency of the arbitral awards rendered in sepa- rate proceedings.
As far as judicial review of arbitration awards is concerned, since reaching an agreement as to two-instance arbitral dispute resolution by multiple parties is highly improbable, attention has to be directed to the proceedings for annulment of arbitral awards, as well as to the terms and proce- dures for recognition and enforcement of foreign arbitral awards.
In this respect the efects of arbitral proceedings consolidation on the prospects for recogni- tion of the award rendered in a consolidated proceeding raises numerous problems. Regulations Since national legislations still have a major impact on international arbitration, of great importance is the content of diferent national laws and practices as a source of international ar- bitration law, primarily of those countries that are traditionally viewed as popular arbitration fora, or those with innovative legislation in this ield USA, England, Hong Kong, Netherlands, Australia, 16 See Hanotiau, B.
The emphasis, understandably, is held on the provisions and decisions pertain- ing to consolidation, joinder and intervention. On the other hand, due to the increase in competition17 during the last couple of decades, numerous institutions have modiied their arbitration rules, adjusting them to the altered interna- tional legal reality and, in many cases, have even triggered reforms of the national legislations on proceedings before state courts and arbitral tribunals. Therefore, it is realistic to expect that general modernization in the approach to the prob- lems related to multiparty arbitration will irstly occur in the domain of the autonomous arbitration rules of the leading arbitration institutions.
Supreme Court Decision In Stolt-Nielsen, the United States Supreme Court found that the arbitration panel exceeded its powers by imposing class arbitration on parties whose contractual arbitration clause was silent on that issue. App, , 11th Cir. In Westchester Fire Ins. In reaching this decision, the court considered the following factors: Supreme Court strayed from the proper interpreta- tion of the grounds for vacature of arbitral awards. The parties themselves empowered the arbitrators to render their clause construction award.
It is not for the state court to agree or disagree with the award. They have con- strued the arbitration agreement as they deemed best considering the circumstances of the case. The Stolt-Nielsen decision is contrary to the limited judicial control power of the state courts over the arbitration awards. However, the arbitrators rejected the irst argument and did not consider the third, suggesting that public policy considerations had an overwhelming impact on the decision to impose class arbitration.
In Stolt-Nielsen, the Court noted that the rationale behind this section was that arbitrators are charged with contract interpretation, and not formulating public policy. However, in her dissent, Justice Ginsburg emphatically stated that the Supreme Court prematurely adjudicated the issue on appeal. As such, the award was an interlocutory decision, and the Court should not have intervened so early in the process, particularly because the panel did not render a inal judgment.
See generally Catlin v. United States, U. This rule is one that is irmly embedded in the federal courts.
- Anastasia and the Imperial Egg Hunt (Anastasia Series II).
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Supreme Court disregarded advantages of class action arbitration compared to class action litigation and concentrated only on the obvious diferences between bilateral and multi party arbitration. Conclusion It is doubtless that the problems related to the participation of multiple subjects with party capacity in the arbitration proceedings are so complex, that the solutions thereto must be looked for at the borderlines of arbitration as we know it.
As the awareness level of participants in international transactions is usually very high, in most cases it may be supposed that the parties, with the main features of arbitration in mind, have critically analyzed their positions and agreed on the dispute resolution mechanisms that suited best their interest perceptions.
Therefore, neither arbitral tribunals, nor state courts, should protect the parties from being insuiciently informed or incapable of predicting future events, nor should they have the authority to apply procedural rules inherent to state court litigation contrary to the expressed consent of the parties in order to achieve procedural economy and eiciency or to avoid inconsistent results.
On the other hand, the diferences between legal traditions and legislations are still factors that should be taken into account when discussing problems related to participation of multiple subjects with party capacity in arbitration proceedings. Hence, it is necessary to adopt additional universal arbitration principles, the application of which should be felt as duty by arbitrators, and which would be deemed known and recognized by all participants in international transactions, no matter where they come from.
In Stolt-Nielsen, the U. Book,26 the Supreme Court held that arbitrators should determine issues pertaining to the enforce- ability of certain provisions within an arbitration agreement, rather than courts. The contract contained a mandatory arbitration clause, but was apparently silent on whether class arbitration was permissible. Exercising its discretion, a plurality of the Court remanded the case to the arbitration panel to interpret the contracts governing the dispute. See also Buckner, supra note 1, at noting Bazzle signiicantly expanded arbitrators authority and scope of arbitration.
The HMOs sought to compel arbitration, but the doctors resisted because the arbitration agreement prohibited the recov- ery of punitive damages. Some circuits, however, allow tremble damages for the RICO claim. The Court in Book held that because this was not an issue of whether the parties had agreed to arbitration or even whether a particular issue was subject to arbitration, it was for the arbitrator to decide the enforceability of the provision.
Hano Ernst, Associate Professor at the University of Zagreb, Faculty of law Abstract This chapter sketches the development of the Croatian law of personal property security, and critically assesses its often erratic, uncoordinated and policy-inconsistent reforms. Although most post-communist countries struggled with secured credit regulation, Croatian developments proved somewhat speciic in opting for several piecemeal reforms.
The initial reform of personal property security was packed into the general overhaul of property law, but it was also accompanied by a parallel system of security devices ofered within the civil enforcement regime. Thus, tradition- ally regulated areas remained traditional, but supplemented and supplanted by other regulation, in particular with respect to iduciary transfers. Only in the mid-aughts has the legislator decided on a registration-based system of priority, however without clearly addressing or revising existing regula- tion. Still later reforms concentrated on industry-speciic issues by dismantling parts of the system, as in the case of inancial collateral, or by adding experimental-like features to it, as was the case with grain warehouse receipts.
On the other hand, some devices, particularly those involved in acquisi- tion inancing such as retention of title and inancial leases, as well as certain receivables inancing instruments, were left mostly neglected and outside of the scheme, ignoring the functional veil of Article of the Law of Property Act. The resulting interrelationships, complexities and deiciencies demonstrate that the state of current law is very much shaped by underregulation, overregulation and misregulation, which if left unidentiied will slow the pace of moving the Croatian inancial mar- ket out of transition and into a world of inancial sophistication and legal clarity.
Hano Ernst is associate professor of civil law, currently focusing in his research main- ly on personal property, secured credit and law and development. Civil law department, Trg m. Reasons for this are multifaceted and dependent on the particular political and socioeconomic environment. However, in all countries, transforming property law has been one of the greater challenges.
In par- ticular, the law of personal property security PPS , on which this paper focuses, has often been the holdout, although its centrality for the development of a modern credit market has been clearly established. This paper identiies three distinct features that have persistently plagued Croatian PPS and stymied progress, namely underregulation, overregulation, and misregulation.
Underregulation has made it diicult to ind the law, or to accurately predict legal outcomes, thus making issuing secured credit riskier than it should be. Finally, misregulation has simply invoked perplexing questions, contradictions, vicious circles and dead ends, deterring and dissuading both creditors and debtors. Croatian law handles security disparately across several sectors, but generally agrees on property law being its natural environment. In this broad area it was only in late that Croatia passed a reformed Law of Property Act. Even though Yugoslav private law was marginalized as bourgeois in favor of a new social order, there was also a presence of legal continu- ity, both formal and informal.
Formally, there was a link to the entirety of pre-war law in cases of lacunae. Although there is evidence that there was a degree of awareness of these models,7 further developments in Croatia took a double track, clus- tered within the rules of property and enforcement law, thus creating an initially compartmentalized picture. In the mid-aughts, two additional changes followed: Today, Croatian PPS law recognizes the possessory pledge,8 as well as several types of non- possessory security.
First, there are two types of registered ixed pledges: The former covers vessels and aircraft, and is similar to the traditional mortgage over land. Here, Croatian law recognizes retention of title clauses ROT on the one hand, and iduciary transfers on the other. It also explicitly banned using these rules as sources for drafting new legislation. These bans were, however, not obeyed. Narodne novine, , pp. The irst is security over inancial collateral, introduced by legislation24 implementing the Fi- nancial Collateral Directive,25 and creating hybrid security interests designed with particular inanc- ing patterns in mind.
The second is the more obscure pledge of grain warehouse receipts, created in by the Grain and Industrial Crops Warehousing and Warehouse Receipt Act. The rest of the paper is organized as follows. In part II, I discuss the causes of underregulation of PPS in Croatian law, and show that the transitional character of the Croatian society in the nineties, coupled with inadequate models and a political system absorbed with fundamental institutional is- sues, made it diicult to immediately handle a new PPS system.
This was accompanied by diiculties in proper assessment of regulatory demand and accurate predictions of the application of the rules in the new environment. In part III, I analyze the genesis of the Croatian multiplicity of security devices and point to inconsistencies in policy between diferent statutes, as well as policy shifts within a relatively short time span, as the principle causes of overregulation.
Further to that, the implementation of EU law, on the one hand, mandated accommodating additional, specialty devices humoring the inancial industry, while on the other hand, the desuetude of existing law coupled with a legislator forbearing from changing such law, and instead taking supplemental legislative action, also reinforced over- regulation.
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Although overregulation may seem at odds with underregulation, the two can, in fact, be mutually supportive. Underregulation naturally causes legislative opacity, which generates an ap- pearance of regulatory demand. Overregulation, on the other hand, if inconsistent or contradictory, creates an additional meta-level of problems which are seldom addressed, thus causing underregu- lation of crucial issues. First, it deals with key inancing patterns, namely retention of title and loating security, important for equipment inancing and inventory inancing, respectively, both of which have in their own way been weak- ened by conlicting or omissive statutory language.
Second, it analyzes the deining features of the recently introduced registration system, underscoring the ill-advised mimicking of the land regis- tration system, especially with respect to third party efects. Third, it touches upon the problems of an inefective enforcement regime, singling out repossession and strict foreclosure as the usual suspects. Finally, Part IV takes exception to the solutions, or rather lack thereof, to the various priority conlicts that can emerge as a consequence of the elaborate legislation.
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L , 43, O. L , Prioritizing reform agendas One of the major features of Croatian law, as compared to other CEE countries, is the very slow, gradual and ultimately delayed development of reformed rules on PPS. The political and economic conditions in the early nineties were—similar to other countries in the region—turbulent and inlation-ridden. Unlike many other countries, there was also the element of chaos and violence caused by armed conlict, which for some time occupied a large part of the restructuring agenda.
It is not entirely clear why security interests remained unnoticed, but it seems they were delayed until transitioning from a system of social ownership to a system of private ownership, which was consid- ered paramount for jump-starting the economy. This process unfolded both on the level of socially owned companies, and on the level of socially owned land.
Certainly, privatization was essential for market development, but the formative role of ef- fective PPS law in inancial deepening has been routinely reiterated. It remains unclear whether this was a conscious decision, and, if so, to what extent it was determined by actual opposition to substantive issues. One of the reasons probably has to do with the generalist drafting style, which made implementation more dif- icult. Another reason might be the sheer novelty of the ideas, which deviated from the traditional civil law with which the new legal system was determined to fuse.
The authority of the EBRD, which was of recent origin, was sometimes unjustly perceived as biased at worst, and well-meaning at best, but still lacking the prestige and patina of the Western codiications, making it diicult to properly engage the interest of the government. Resisting codiication During the socialist era, many CEE countries were eager to codify their private law, as it seemed in line with grandiose social engineering, as well as making law more accessible to ordinary people. Yugoslavia was not among those countries, the major reason being its federalist structure, 27 In , even among the countries of the former Yugoslavia, Croatia was late in the introduction of a comprehensive system of reg- istration of security interests.
Oxford University Press, , Norton and Mads Andenas London: Hungary, Moldova, and Slovakia. In fact, a short survey points to codiication resurgence in the region. It is unclear whether this was a matter of deliberate policy, or simply of prioritizing reform, as discussed above. At any rate, certain bodies of law were given preference over others, due to their both objective and perceived signii- cance in institutional support for market development.
That said, even disregarding the preferences, the earlier lack of codiication has generally not been perceived as a serious systematic deiciency, making such a project seem not only as an unfamiliar and laborious experience, but also as an un- necessary one. At the end of the day, the previous lack of codiication also meant that Croatia could not turn to reforming existing codiied law, but had to review its older legal heritage. Although this might have been an eicient choice for an anxious legislator, it overlooked the fact that the Austrian legal system has been and remained hostile toward PPS.
Looking at the civil codes at the time, as far as PPS is concerned, revealed a rather distorted picture of questionable validity, because in all of the major systems PPS invariably developed outside of codiied law. Autonomous De- velopment or Legal Transplants? Mohr Siebeck, noting the federalist structure as an obstacle to codiication.
Romania passed a new civil code in , which came into force in late The Czech Republic adopted a new civil code in After a series of ill-fated attempts at codiication, the Hungarian government sent a new eight-volume civil code bill to the parliament on July 11, Slovakia has had several failed projects drafting a new civil code since the nineties the last one still in progress.
See also Martin Schauer, ed. Manz, advocating reform in Austria. Michael Martinek and Andreas Pittrich Berlin: In France, the pre-reformed system of security interests was hardly a system at all, but rather an amalgamation of specialty legislation based on inancing patterns accommodated at a certain historical junction. Lamy, , Finally, recall that Croatian law, unlike its Western neighbors, maintained monism in the reg- ulation of contracts, carried over from and with the ZOO of This meant that the civil codes of dualistic systems were never designed but for the more paternalistic consumer regulation.
Having such models and not their commercially-oriented siblings serve as blueprints can also partially account for the seg- mented development of PPS in Croatian law. Although it cannot be argued that the lack of codiication eforts caused serious harm to the system, it might have, however, buttressed isolated and uncoordinated law making, which inevita- bly led to regulatory gaps and insuiciencies. Even if early reforms were sequestered, codiication would probably have provided a platform for discussion and reevaluation, and ultimately forced an analysis of the links and disconnects between existing concepts.
Forecasting and regulatory demand assessment A part of underregulation might be explained by the optimism of the legislator with respect to the actual practical deployment of novel doctrines. A good example is the treatment of iduciary transfers in the ZV. As previously mentioned, the ZV managed to pack the entirety of the provisions into a single article. The complexity of the theory behind these provisions can be readily observed by glancing at current textbook commentary.
That said, however, it is quite diicult to conjecture the extent of creditor resource- fulness in a state of the world without the additional, more salient, regulation contained in the Enforcement Act. On the other hand, the succinctness of the ZV provisions might also have been a purposive suppressor of iduciary transfers, given their restrictive nature. However, this course of action, coupled with a general recharacterization rule, as opposed to a simple bar on title-based security, also required signiicant intellectual efort.
A similar type of bias might have been present with respect to interpreting existing law. As was the case in the early history of the Western systems, a key issue was the sanctioning of non- possessory security. The ZOO was silent on the matter, while the major codiications clearly installed the Faustpfandprinzip, rejecting the doctrine of constructive possession. See Hiroshi Oda, Russian commercial law, 2nd ed.
Martinus Nijhof, , Narodne novine, ,