Ugovor o pristupanju Republike Hrvatske Evropskoj uniji i odredbe o životnoj sredini

Todić, Dragoljub and Dimitrijević, Duško (2013) Ugovor o pristupanju Republike Hrvatske Evropskoj uniji i odredbe o životnoj sredini. Evropsko zakonodavstvo, XII (45-46). pp. 227-238. ISSN 1451-3188

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Abstract

The paper analyzes provisions of the Treaty between the Member States of the European Union (EU) and the Republic of Croatia (Croatia) on Croatia’s accession to the EU which are related to the environment. Special attention was paid to the fact that the Treaty of Accession for a number of secondary EU legislation set transitional periods, i.e. dumping duties of the new Member States to ensure full implementation of the EU legislation on the day of admission to this organization. Bearing that in mind, the second part analyzes the level of harmonisation of the laws in the environmental field with the acquis, for the group of laws that were adopted by the Croatian Parliament in the last stage of the Croatian accession to the EU. The paper compares the content of the norms of the Treaty which lays down transitional periods and reasoning content of the laws passed by the Croatian Parliament. The following question is considered: whether the fact that the Treaty of Accession provided transitional periods for the 8 directives and 2 regulations means that at the time of accession of the Republic of Croatia in the EU (1 July 2013), there was provided level of full compliance of all the other regulations of Croatia in the field of environment, as well as the method of their application. The results show that by the date of Croatia’s accession to the EU there was not provided a full transfer of part of the secondary character regulations in the national legal system and that this fact has not been stated in the Treaty of Association.

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