CERTAIN DILEMMAS IN THE PRACTICAL APPLICATION OF THE RULES ON FREEDOM TO PROVIDE INSURANCE SERVICES ON THE SINGLE MARKET OF THE EUROPEAN UNION

Abstract

The paper analyses certain legal dilemmas that arise in relation to the provision of cross-border insurance services on the European union single market, particularly in the context of the Croatian legal framework. The analysis covers several issues arising in relation to the practical application of the EU rules on freedom to provide insurance services as implemented in the Croatian national law by the Croatian Insurance Act. Special consideration is given to certain specific legal issues that appear in practice as dubious when it comes to insurance of certain types of risk with a cross-border element, The aim is to point at the challenges that the liberalisation of the insurance market places in front of the Croatian insurance industry, and to make certain recommendations that could be useful to the Croatian insurers and other insurance service providers when deciding on the possibility of carrying on crossborder insurance business.

Keywords

• freedom to provide insurance services
• European union
• Directive 2009/138/EC
• Directive (EU) 2016/97
• Croatian Insurance Act