Marković-Bajalović, Dijana (2012) Vremenski sukob zakona u pravu konkurencije. Правни живот : лист за правна питања и праксу, 61 (557/11). pp. 141-155. ISSN 0350-0500
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The new legal regime constituted by the Law on Protection of Competition 2009 is distinguished by the authority of the regulatory body, i.e. Commission for protection of Competition, to impose fines to market participants. That created a problem of temporal conflict of that law with the Law on Protection of Competition 2005. The problem gave rise to academic debate, which was additionally intensified after the Commsision have issued several decision on the basis of the Law from 2009, imposing to parties fines for infringements of competition which were executed during the validity of the Law from 2005. In this article theoretical views and positive legal rules relating to the implementation of the principle of prohibition of retroactive validity of law, as well as its important exception in penal law – the rule of application of less strict law, are viewed through the prism of transitory provisionsof the Law from 2009. The actual Commission`s practice in legally binding cases is also analized from the aspect of application of rules of temporal conflicts of laws. The author is questioning the Commission`s authority to conduct separate proceeding for issuing fines to parties who infringed competition rules, the possibility of issuing sanctions under the Law from 2009 in proceeding conducted under the Law from 2005 and the possibility for application of the principle of less strict rule in the area of administrative law. He concludes that there is no legal basis for retroactive application of the Law from 2009. Although he admits that there exists a political need for sanctioning persons who infringe of competition rules, he finds that the Commission`s practice of imposing fines under the new law for infringements executed during the validity of the old law is absolutely contrary to the principle of legality and that it undermines the very basis of legal state.
| Item Type: | Article |
|---|---|
| Additional Information: | COBISS.SR-ID 515811004 |
| Uncontrolled Keywords: | Vremenski sukob zakona -- Pravo konkurencije -- Srbija |
| Subjects: | Law (General) |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 21 Dec 2023 11:57 |
| Last Modified: | 28 Dec 2023 10:31 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/776 |
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