EU Business Law Working Papers 2/2018

Dr Éva Lukács Gellérné: The challenges of free movement of persons in the Western Balkan context

Non-EU member Western Balkan countries aspire to join the EU which is a genuine condition hence they are surrounded by EU countries and they are dedicated to democratise within this framework. Free movement of persons is one of the most significant symbols of the EU which signals its integrity and unity. That is why opening the negotiation chapter on free movement marks a historic point in the accession process, too. The article sheds light on the general framework of negotiations and the general absorption capacity of Western Balkan states with a focus on labour market situation and push factors of migration.  Also the state of affairs in the realm of legal and institutional approximation requirements is tackled upon, including issues of employment and social security. The article wishes to contribute to a better understanding of the underlying challenges in this field driven by the conviction that the historic window of opportunities is there for the region to advance on the European path marked by peace and progress.

EU Business Law Working Papers 1/2018

Mária Patakyová: Application and Implementation of Directive 2008/48/EC in the Slovak Legal Order

This paper deals with the question on whether the Act No. 129/2010 Coll. on consumer credits has dully implemented the Directive 2008/48/EC, and if not, which are the particular provisions calling for correction, particularly in light of the judgement of the CJEU in the case C-42/15 Home Credit Slovakia a.s., vs Klára Bírová. Moreover, the paper zooms in on judgements of the Slovak national courts, the appeal courts especially, in order to find out whether interpretation and application of the Act is not at odds with the wording and purpose of the Directive. As a conclusion, the paper does not only analyse the legislation and their compliance with EU law, but it goes one step further as it seeks for information on application of the legislation in practice. Consequently, the paper discovers current problems with the real approximation of the laws on consumer credits.