Ivan Jokanovic | University of Miskolc (original) (raw)

Papers by Ivan Jokanovic

This paper analyses the provisions of Directive (EU) 2019/771 on certain aspects concerning contr... more This paper analyses the provisions of Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods from the sustainability perspective. In order to determine whether the legal solutions enshrined in the mentioned Directive represent a novelty, the paper also focuses on the provisions of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. This article aims to assess the contribution of Directive (EU) 2019/771 to achieving more sustainable consumption patterns. The issues covered concern the requirements of conformity, the legal guarantee period, the obligation to provide spare parts, the primary and secondary set of remedies, the commercial guarantee, and the expected future steps toward the amendments to Directive (EU) 2019/771. ALTHOUGH Directive (EU) 2019/771 explicitly mentions achieving more sustainable consumption patterns and a circular economy and encouraging sustainable consumption, it may be stated that these notions are not considered to a sufficient extent. Namely, the right to repair is not prioritised over the right to a replacement, while the obligation to provide spare parts is not included among the objective requirements of conformity. The opportunity granted to the Member States to allow the consumer to opt for a specific remedy if the lack of conformity appears within a period not exceeding 30 days after the delivery may be considered another example of neglecting the mentioned notions.

This paper aims to compare the remedies at the consumer's disposal in the event of a lack of conf... more This paper aims to compare the remedies at the consumer's disposal in the event of a lack of conformity of goods in Slovenian, Croatian, and Serbian law. The Slovenian and Croatian legislators have already transposed Directive (EU) 2019/771 in 2022 and 2021, respectively. On the other hand, the rules of the Serbian Consumer Protection Act are still based on Directive 1999/44/ EC. This Directive, however, also shaped the Slovenian and Croatian legislation long before the latest amendments. For this reason, the paper also analyses the rules in Slovenian and Croatian law which were in force before the recent amendments. The principal aim of the authors is to determine the similarities, peculiarities, and differences between the three legal systems. At present, the common denominator of the examined laws is the existence of a hierarchy of consumer rights: repair and replacement are the primary, and appropriate price reduction and termination of the contract the secondary or subsidiary remedies. Before the amendments in 2022 and 2021, termination of contract was the sole subsidiary remedy in Slovenian and Croatian law. It may be inferred that the most important differences between the examined legal orders concern the possibility of the termination of the contract, since the Slovenian and Serbian legislators considerably facilitated it when the lack of conformity becomes

The importance of the protection of the environment is well shown by its recognition at ever high... more The importance of the protection of the environment is well shown by its recognition at ever higher levels of the legislation: national legislators of the 21 st century tend to include it in the constitutional texts as well. The Italian Constitution of 1948 was not dedicated to environmental protection, but the recently growing international attention toward the issue resulted in a constitutional amendment at the beginning of 2022. The present study aims to briefly introduce the current Italian constitutional framework for the protection of the environment and to evaluate the new amendment in the context of selected European constitutions and ECHR decisions. Keywords: protection of the environment, Italian constitutional amendment, Constitution of the Republic of Italy, the ECHR and environmental protection, comparative environmental law Absztrakt: A környezetvédelem fontosságát jól mutatja, hogy a kérdés egyre magasabb jogforrási szinten kerül rögzítése: a XXI. századra (nemzeti) jogalkotási tendenciává vált a környezet édelmnek alkotmányszövegekben való deklarálása. Jóllehet, hogy az 1948-as olasz alkotmány eredetileg nem tartalmazott erőteljes környezetvédelmi garanciákat, a kérdést övező fokozódó nemzetközi figyelem azonban 2022 elején alkotmánymódosítást eredményezett. Jelen tanulmány célja az olasz környezetvédelem alkotmányos kereteinek rövid bemutatása és az új alkotmánymódosítás értékelése válogatott európai alkotmányok és EJEB-döntések összefüggésében. Kulcsszavak: környezetvédelem, olasz alkotmánymódosítás, az Olasz Köztársaság Alkotmánya, az EJEB és környezetvédelem, összehasonlító környezetjog

The objective of this paper is to analyse the legal position of the consumer in the event of a la... more The objective of this paper is to analyse the legal position of the consumer in the event of a lack of conformity of the goods in Croatian and Serbian law The national regulations governing this issue in both states are influenced by the legislation of the European Union. More specifically, Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees influenced the Serbian Consumer Protection Act, while the said Directive and the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods influenced the Croatian Act on Obligations. However, both legislators preserved certain specific rules, most notably the ones pertaining to the rescission of the contract Given the fact that Serbia has not yet harmonized its Consumer Protection Act with Directive (EU) 2019/771, its regulation is to be assessed taking into account only Directive 1999/44/EC In comparing the two legal orders, the paper discusses several issues in relation to consumer sales, such as the sources of law in this field and their application, basic definitions and the notion of conformity of the goods with the contract and consumers' rights in the event of a lack of conformity, with the aim to identify differences, similarities, and specificities. It can be inferred that the main differences concern the regulatory approach, the definition of the notion of conformity of the goods with the contract, and certain specific rules relating to the rescission of the contract. On the other hand, the main similarities regard the hierarchy of the rights at the disposal of the consumer and the time limit during which the seller may be held liable

The objective of this study is to analyze and present the evolution, specificities, and changes r... more The objective of this study is to analyze and present the evolution, specificities, and changes regarding the role of the head of state in Serbia and in the states of which Serbia was part in the period from the First Serbian Uprising in 1804 until the dissolution of the Socialist Federal Republic of Yugoslavia in 1991. During this period, Serbia had 11 rulers-three of whom lost their lives due to assassinations, two of whom were deposed, and two of whom abdicated-and two dynasties. More than 15 constitutions and constitutional acts were adopted shaping, among other issues, the position of the head of state. This period comprises constitutional issues of three countries-the Principality/Kingdom of Serbia, Kingdom of Serbs, Croats and Slovenes/Kingdom of Yugoslavia, and the Federal People's Republic of Yugoslavia/Socialist Federal Republic of Yugoslavia, in which the position of the head of state continuously changed due to the will of the ruler to strengthen it and the attempt of other institutions to limit it. Furthermore, six coups d'état were executed and the state also passed through phases of dictatorship or autocracy. The content of this paper follows the form of state and its modifications in a periodic fashion.