Modalities for Overcoming a Gap between International Mechanisms of Human Rights Protection and National Level Action / Modaliteti za prevazilaženje jaza između međunarodnih mehanizama zaštite lјudskih prava i akcije na nacionalnom planu

Abstract

Integration in the EU is linked with filfillment of different conditions generally grouped as political, economical and legal. Until the 1990ies the EU (at the time, the European Communities) did not tackle the issue of national minority pretection. The first institute for the determination of appliacable human law in the concractual relationships with foreign element is the institute of the partz authonomy. The theory of characteristic act help us for definition law and rules for the regulation concracts with foreign element. This theory determinate one fact which is the most important, characteristic fact in the concract. This paper analyzes the regulation of this theory in the Rome Convection on the law applicable to contractual obligations and in the Regulation (EC) No 593/2008 of the European Parliament and of the Council od 17 June 2008/ in the law appliacable to concratual obligations (Rome I), which is replacing the Rome Convection. The Rome Convenction regulates that the concract is most closely connected with the country where the party, with characteristic act has “at the time of conclusion of the concract, his habitual residence, or, its central administration”.