The CEELM Top 10 series looks back over the past ten years and celebrates the milestones we have achieved together. First up: most-read Briefings, with each article featuring a short description reflecting the authors’ opinion at the time.
1. Restrictions Across CEE/SEE Countries Affecting the Real Estate Sector (April 30, 2020, Hits: 66,082)
By Laszlo Kruepl, Partner, Schoenherr Hungary
In response to the coronavirus outbreak, most CEE/SEE countries had introduced provisions to close certain premises, while only some had banned the termination of leases to protect tenants who had lost revenues. All countries declared a state of emergency and thus implemented measures to keep open essential retail shops, such as grocery stores and pharmacies, and essential services, such as home delivery and petrol stations.
2. EU: New Deal for Consumers - A Proposal to Strengthen Collective Redress (May 14, 2018, Hits: 63,660)
By Phillip Wetter, Counsel, and Klara Kiehl, Partner, Schoenherr Austria
In 2018, the EC proposed a “New Deal for Consumers” to bolster EU consumer rights and enforcement. The proposal included a Directive that would allow certain qualified entities to seek redress on behalf of consumers harmed by unlawful commercial practices (to make it easier for consumers to claim damages) enabling them to initiate collective representative actions, including injunctions, redress orders, or declaratory decisions.
3. State Aid in Ukraine: Results of The First Year of Enforcement, and Further Steps of The Regulator (August 2, 2018, Hits: 59,504)
By Anna Artemenko, Head of Parliament’s Adaptation Support Office, and Anastasia Usova, Partner, and Anna Vyshnevska, Junior Associate, Redcliffe Partners
The state aid framework in Ukraine, its particularities compared to the EU’s regime, and the results of the first year of state aid enforcement. The regulatory steps to be taken by the AMC for its further development. Opportunities and challenges that the state aid regime offered to businesses in Ukraine.
4. NPLs in Serbia (August 12, 2016, Hits: 57,227)
By Nikola Poznanovic, Partner, and Nemanja Jovanovic, Associate, JPM
Non-performing loans were one of the principal problems of the Serbian banking sector due to macroeconomic factors like unemployment, currency depreciation, and higher inflation rates since 2008. However, the Serbian banking sector was highly capitalized and liquid, so the stability of the financial system was not threatened. The government’s 2015 NPL resolution strategy aimed to prevent NPL accumulation, improve conditions for market development, and overhaul the regulatory framework.
5. How the UK Criminal Finances Act of 2017 May Influence Ukrainian Business (April 3, 2018, Hits: 56,223)
By Ario Dehghani, Head of Compliance, and Viktoria Shevchuk, Junior Associate, Redcliffe Partners
The UK Criminal Finances Act 2017 had extraterritorial effects and could apply to activities outside the UK. Companies that failed to prevent the facilitation of tax evasion could be held liable, and the law could apply to subsidiaries, branches, or agents, no matter where they were located. An exploration of the implications of the act for Ukrainian markets, including its scope, penalties, enforcement, and compliance paths.
6. New Changes in Macedonia’s Law on Construction Land to Ease the Sale of Land (December 2, 2016, Hits: 56,010)
By Dragan Dameski, Partner, and Martin Boskoski, Senior Associate, Debarliev, Dameski & Kelesoska
North Macedonia had introduced a law to enable the electronic execution of real estate purchase agreements, seeking to regulate sales of construction land and the manner of executing real estate purchase agreements. It introduced procedural innovations regarding alienation, long and short-term leases of land, the establishment of easements, and permanent use.
7. The New General Administrative Procedure Law in Macedonia (November 25, 2016, Hits: 55,952)
By Dragan Dameski, Partner, and Martin Boskoski, Senior Associate, Debarliev, Dameski & Kelesoska
North Macedonia had overhauled its administrative procedure framework with the 2015 Law on General Administrative Procedure. The law introduced tools like IT communication, access to a single point of contact, administrative agreement, and an effective system of administrative remedies. It sought to provide flexibility for administrative actions and enable citizen-oriented services. The authors expected the law would improve the transparency and professionalism of administrative procedures.
8. New Tools to Boost Diversity in International Arbitration (December 12, 2019, Hits: 54,943)
By Krystyna Khripkova, Counsel, Integrites
The lack of diversity and under-representation that had taken deep root in the legal profession worldwide also tarnished the image of international arbitration. Diversity means appreciating the uniqueness of each individual and admitting that different strengths come with those differences. Without a doubt, diversity in gender, age, ethnicity, race, culture, political and religious beliefs, sexual orientation, and socioeconomic status is important. Yet is the arbitration community ready to embrace all the good that comes with diversity?
9. Law on General Administrative Procedure (July 19, 2016, Hits: 54,948)
By Jelena Malesevic, Associate, JPM
Serbia’s 2016 Law on General Administrative Procedure sought to modernize and simplify proceedings, making them more efficient, in keeping with European standards. The law significantly expanded the scope of previous legislation and introduced new principles and new content, as well as the concept of a single administrative point, which allowed parties to submit a single application and communicate with a single authority.
10. A Review of Anti-Corruption Developments in Ukraine in 2017 (February 12, 2018, Hits: 54,784)
By Ario Dehghani, Counsel, Head Compliance, and Viktoria Shevchuk, Junior Associate, Redcliffe Partners
In 2017, Ukraine implemented several anti-corruption steps based on its contractual obligations with the EU and the IMF. An overview of anti-corruption steps taken, focusing specifically on e-declarations, legal entity anti-corruption programs, the national corruption prevention agency’s recommendations, the anti-corruption court, as well as the anti-corruption strategy the country adopted for 2018-2020.
This article was originally published in Issue 10.4 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.
