Зборник радова "Однос права у региону и права Европске уније" Tom I - Научни скуп је одржан на Правном факултету Универзитета у Источном Сарајеву, 25. октобра 2014. год. на Палама
Collection of papers "Relationship Between the EU Law and the Law in the Region" Vol I - The scientific meeting was held at the Law Faculty of the University of East Sarajevo on October 25, 2014 in Pale
Contributor(s): Goran Marković (Editor)
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
- Print-ISBN-13: 978-99938-57-37-2
- Page Count: 647
- Publication Year: 2015
- Language: Macedonian, Serbian
Теоријска схватања о меродавном праву у материји представљања држава
Теоријска схватања о меродавном праву у материји представљања држава
(Theoretical Conceptions About Authoritative Law in the Subject of the Representing States)
- Author(s):Milenko Kreća
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:1-17
- No. of Pages:17
- Keywords:Authoritative law; Representation of states; Internationalist theory; Constitutionalist theory; Ecclectic theories;
- Summary/Abstract:The author analyzes theoretical conceptions about the issue whether the internal or international law is authoritative in the subject of representation of a state in international relations. The rules of internal and international laws on the status and authorization of state organs in international relations do not necessarily concur. For this reason it is important to determine whether internal or international law has a primate.Particular attention in the paper is dedicated to two theories, the internationalist, and the constitutionalist, which give different answers to the question whether and to what extent the violation of formal restraints enacted by the norms of internal law is relevant for international law. The author also analyzes the eclectic theories, which differ among themselves very much.Key words: Authoritative law; Representation of states; Internationalist theory; Constitutionalist theory; Eclectic theories.
Заштита људског достојанства у праву Србије и праву Европске уније
Заштита људског достојанства у праву Србије и праву Европске уније
(Protection of Human Dignity in Law of Serbia and in Law of the European Union)
- Author(s):Rodoljub Etinski
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:18-35
- No. of Pages:18
- Keywords:Human dignity; Serbia; European Union;
- Summary/Abstract:The article investigates a relationship between human dignity and human rights, comparatively in the two legal systems. It refers shortly to a legal concept of human dignity and explores the right to human dignity as a fundamental right in the two legal systems.Constitutional provisions on human dignity have appeared early in Serbia, in the first half of XIX century. They came together with human rights provisions. However, constitutional provisions on human dignity have been expanding in last decades. The actual 2006 Constitution is distinguished by extensive elaboration on human dignity. Article 19 of the Constitution determines purpose of constitutional guarantees of human rights in a way that it is preserving human dignity. Article 23 defines the right to human dignity and free development of an individual. Constitutional provisions on the right to freedom, the right to work and the right to social support refer to human dignity as a relevant standard. In spite of Article 19, the Constitutional Court of Serbia considers that a violation of a human right, guaranteed by the Constitution does not necessary mean an automatic violation of the right to human dignity. The author considers that a better option would be to take a stand that each separate human right expresses the right to human dignity in concrete situations and that a judicial finding on a violation of a separate human right would consume a violation of the right to human dignity.Protection of human rights in Community law, later in EU law has been developed through an interaction of national courts and the European Court of Justice. The provisions on human rights appeared firstly in a form of general legal principles. The European Court of Justice has protected human dignity as a common constitutional tradition of member states. The Charter on the Fundamental of the European Union of 2000, turned into a legal document of constitutional value by the Lisbon Treaty, begins by a protection of human dignity. Beside, the Charter refers explicitly to human dignity in a context of the right to adequate working conditions and respect for elderly people.The right to human dignity has been similarly defined in the Serbian Constitution and in the EU Charter on Fundamental Rights. A difference in a scope of applicability – the Constitution of Serbia is applicable to all social relations suitable for legal regulation and the EU Charter on Fundamental Rights is addressed to the EU institutions and state member when their acts are of relevance for EU Law – might be reflected in second part of definitions of the right to human dignity. Serbian version states: everyone shall be obliged to respect and protect it. And the EU version proclaims: It must be respected and protected. The first part is identical in both definitions: Human dignity is inviolable.After exploration of practice of the two courts, the author has found that,for the time being, the Constitutional Court of Serbia and the European Court of Justice apply provisions on the right to human dignity in conjunction with other human rights provision extending applicability of them to new situations or enriching them by a new legal content.
Од угледања на јевропејске узоре до регионалне хармонизације-друга страна медаљњ
Од угледања на јевропејске узоре до регионалне хармонизације-друга страна медаљњ
(From Emulation of the European Models to Regional Harmonization-the Other Side of the Coin)
- Author(s):Radovan D. Vukadinović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:36-58
- No. of Pages:23
- Keywords:Harmonization; Emulation; Regional harmonization; Directives; Codification; Legal transplants; Irritants;
- Summary/Abstract:Harmonization of law is a complex process that causes significant political, economic and legal consequences in a country that is implemented.The author considers at harmonization of law not only as a process of adopting solutions from EU law, but also as part of the overall process, “emulation”on foreign models of law and as part of the process of standardization. Thus understood, harmonization has its roots in ancient history, Roman law, and was the implemented in the Middle Ages through the process of creating a new law merchant (lex mercatoria). In this context, the author states that the impact of Byzantine law had to the law of medieval Serbia during the making of Dushan’s Code of 1349, as well as during the making Serbian Civil Code of 1844.Today’s harmonization that Serbia conducts in process of preparation for EU membership is critically assessed as incompatible with the internal expectations and economic circumstances and as no synchronized with the priorities that the EU has in the coming period in respect of admission of new members.
Дејство одлука Суда правде о тумачењу права ЕУ донетих у претходном поступку
Дејство одлука Суда правде о тумачењу права ЕУ донетих у претходном поступку
(The Effects of the Court of Justice Preliminary Ruling on the Interpretation of the EU Law)
- Author(s):Nebojša Raičević
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:59-80
- No. of Pages:22
- Keywords:Court of Justice; Preliminary ruling; Interpretation of the EU; Main proceedings; Ratione temporis effects;
- Summary/Abstract:In the founding treaties of the EU as well as in secondary legislation there are no specific norms regulating the effects of the Court of Justice interpretative judgments in the proceedings either before the domestic court where the preliminary question has been raised or before other national courts. However, the judicial practice has engendered certain rules which have filled in the legal gap.In a dozen of its judgment, the Court of Justice pointed out that the interpretation given in the preliminary ruling is binding for the referring court in the main proceedings. This implies that the national court must adjudicate the dispute by applying the EU law in line with the Court’s interpretation.The preliminary ruling is binding not only for the referring court but also for all national courts dealing with the case at a later stage of the proceedings.If domestic court fails to comply with the preliminary ruling, the parties in the main proceedings may use this as the ground for challenging the national court judgment. Concurrently, as it constitutes a breach of the EU law, the Commission may take action against the State concerned for failure to fulfill obligations.The Court of Justice has not explicitly ruled on the effects of the interpretative judgments outside the proceedings where the preliminary question was raised. Yet, in some its decisions, this Court clarified the scope of these judgments in the proceedings before other national courts (erga omnes effects).The Court of Justice has refused to respond to the preliminary question which has already been considered in a previous preliminary ruling, but only referred the national court to the earlier Court decision. The Luxembourg Court has also confirmed that, in such situation, the courts of the last resort are not obliged to refer a preliminary question to the Court. However, as interpretative judgments do not have the res judicata character, the Court of Justice will not dismiss the request for a preliminary ruling as in admissible because it has already ruled on this question. Therefore, the national courts have two options at their disposal: to comply with the earlier interpretation given by the Court of Justice, or to refer a new preliminary question to the Court. In this way, interpretative judgments have the factual erga omnes effect.As for the temporal effect of preliminary rulings, judicial practice clearly shows that they, in principle, have a retroactive (ex tunc) effect, which means that the interpretation of that rule must be applied from the moment the rule enters into force. So, interpretative judgment does not create obligations only for the future (ex nunc) but their effect extends to legal relations established before the delivery of the preliminary ruling. However, interpretations of the EU law do not impact those decisions of national bodies that have already become final prior to the adoption of the Court’s interpretative judgment.In addition, the Court of Justice exceptionally may ad hoc limit the ex tunc effect of the interpretative judgment if the application of retroactive effects may lead to serious financial consequences for the Member States or individual subjects, provided that the wrong interpretation has resulted from significant uncertainty in terms of the meaning of the EU law.
Neki aspekti institucionalnog sistema Evropske unije
Neki aspekti institucionalnog sistema Evropske unije
(Certain Aspects of the European Union Institutional System)
- Author(s):Mile Račić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:81-99
- No. of Pages:19
- Keywords:European Parliament; European Council; Council of the European Union Ministers; European Comission; Judical Institutions of European Unioncal Institution;
- Summary/Abstract:Institutions of European Union are organised in a similar way as many countries of the world today. Institutions, their structures, functions and authority remind, to a large extent of the authority of modern parliamentary states. In this paper the subject of our interest is basic structures of European Union: European parliament, European Council, Council of the European Union Ministers, European Commission and European Court.The paper analyzes the structure and the electoral process of the bodies of the European Union institutional system, their jurisdiction, roles and positions in this system. More specifically, the procedures of coordination and attitude adjustments are analyzed, with special emphasis on the decision making process.The overall analysis is intended for supporting the initial hypothesis that the bodies and their roles in the institutional structure of the European Union are not substantially different from the bodies of parliamentary states that promote the values of representative democracy and the rule of law.
Prethodni postupak u području slobode, sigurnosti i pravde-analiza njegove primjene
Prethodni postupak u području slobode, sigurnosti i pravde-analiza njegove primjene
(Preliminary Ruling Proceedings in the Area of Freedom, Safety and Justice-Analysis of its Application)
- Author(s):Tunjica Petrašević
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:100-121
- No. of Pages:22
- Keywords:Court of Justice of the EU; Preliminary ruling proceedings; Area of freedom security and justice; Procédure préliminaire d’urgence;
- Summary/Abstract:Preliminary ruling proceedings are the main mechanism by which equates interpretation and application of European Union law in all member states. The author analyzes application of preliminary ruling proceedings in area of freedom, security and justice with special review on application of PPU (Fr. “procédure préliminaire d’urgence“). PPU is organized by 23a article of EU Court Statute and 107-114 articles of Rules of Procedure.The author explains the reasons of introduction of this type of procedure,then it compares with regular previous procedure and indicates the most important differences The main and central part of the paper is to analyze the application of urgent preliminary proceedings after six years of its application.In that purpose the author is analyzing in detail Annual Reports of Court about the application of urgent previous ruling procedure as the relevant court practice executes certain conclusion about its application.
Jedinstveni institucionalni okvir Evropske unije
Jedinstveni institucionalni okvir Evropske unije
(The Single Institutional Framework of the European Union)
- Author(s):Bojana Lakičević-Đuranović
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence
- Page Range:122-134
- No. of Pages:13
- Keywords:European Union;Union;Federation;Institutions;Framework; Agreement;System
- Summary/Abstract:We have been introduced to the most important institutions of the European Union, and its functions, as well as what makes them distinctive.Although they have more pronounced executive and legislative functions,The Council, the Parliament and the Commission do not belong exclusively to these fields. Namely, the boundary between extremely executive and legislative bodies in the European Union is very interesting. This is precisely what makes the institutional framework of the Union revolutionary. With this system of not clearly distributed powers, we reach a situation where almost none of the above mentioned bodies can perform their functions exclusively– without the consent of some of the other institutions with which they share the authority. As I said, the benefits are obvious; the mutual control between the institutions has been facilitated, the unity of action of the institutions within the Union has been strengthened, as well as the transparency of the work of the institutions.What this system has brought to the Union is a more difficult operation of the institutions, increased bureaucracy, an expanded decision-making apparatus, the necessity of using a large number of procedures in carrying out its functions etc. However, the cause of all this lies in the structure of the European Union, that is, in the very fact that it is a union. The union is an outdated model, which cannot succeed in modern times. The authorities in the Union, in particular such as the European, are too decentralized, and in spite of the existence of central institutions, its members have too much sovereignty. The European Union is now in the most unstable period since its establishment. The state of war in Ukraine has caused tensions between the EU and Russia. While Germany is pulling the reins of influence over the Union, steering it towards itself, Greece, Italy and Spain are drowning in debt, France ignores the rights of minorities, and the United Kingdom is threatening to leave the European Union. Some of the Commissioners and experts believe that stopping the further integration into the European Union would solve the problem. I agree that it would help, until the situation is stabilized,but it is only a small part of the current problem. Predictions for the future of the European Union vary from less optimistic to pessimistic all the way – from its dissolution to the termination of the state of peace in Europe,which the Union guarantees. All in all, the future of the European Union will be more than interesting.
Политика интегрисања у Европску унију и трансформација правног система држава кандидата/потенцијалних кандидата
Политика интегрисања у Европску унију и трансформација правног система држава кандидата/потенцијалних кандидата
(The Integration Policy to the European Union and Transformation of Legal System of Candidate/Potential Candidate Countries)
- Author(s):Duško Glodić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:135-151
- No. of Pages:17
- Keywords:Acquis of the EU; EU Law; Harmonization of the legal system; Enlargement policy; Integration programme; International organizations; Regional Organizations;
- Summary/Abstract:The harmonization of legal system of a candidate/potential candidate country with the EU legal system is one of key activities taken into account while assessing fulfillment of EU accession criteria. The integrationist political orientation of a candidate/potential candidate country represents a factor leading to transformation of its legal system with a view of aligning it to the EU Acquis. The integration policy is based on interaction among a number of subjects: a candidate/potential candidate country, on the one hand, and the EU and its Member States, on the other hand, and it implies at least two dimensions. The first dimension is the national dimension of the integration policy developed by the candidate/potential candidate country’s authorities. This dimension is reflected by the national accession policy. The second dimension is developed by the EU institutions and reflects its enlargement policy as defined in the founding treaties of the EU and its institutional practice. The article explains political and legal tools for implementation of these policies. Particular attention is paid to political documents establishing integrationist political orientation and programming documents used for conduct and monitoring of the harmonization process adopted by the candidate/potential candidate countries.The article discusses influence of the integration policy on the legal system of a candidate/potential candidate country, emphasizing that th eintegrationist political orientation pre-determines the will related element(subjective element) of the law creating activity. This pre-determination is done in such a way that relevant authorities of a candidate/potential candidate country, while exercising their law-creating competencies, follow normative solutions contained in the EU Acquis in order to transpose them into the municipal legal system. Due to the obligation to transpose the Acquis into the municipal legal system, the will of a national law-maker is made subject to the EU legal system and the choice of a normative approach can be made only within the Acquis. The article argues that this point is central in the transformation of a candidate/potential candidate country’s legal system and its internal dynamics.
Људска права у Европској унији-трновит пут од идеје о заштити до обавезе приступања Европској конвенцији о људским правима
Људска права у Европској унији-трновит пут од идеје о заштити до обавезе приступања Европској конвенцији о људским правима
(Human Rights in the European Union-a Thorny Path from the Intent to the Obligation of the EU's Accession to the ECHR)
- Author(s):Sanja Kreštalica
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:152-166
- No. of Pages:15
- Keywords:European Union; Convention for the Protection of Human Rights and Fundamental Freedoms; Charter of Fundamental Rights of the European Union; Court of Justice of the European Union;
- Summary/Abstract:The aim of this paper is to analyse the development of the human rights protection policy in the European integration process. Starting with the premise of the lack of a consistent policy towards human rights in the beginnings of the development of the European Communities, the author analyzes the position of human rights in the various stages of the European integration process since the end of World War II. Human rights found their place relatively late in the Community legal order. From “negligence”policy towards human rights issues, noticeable in the early beginnings of the creation of European Communities, until acceptance of binding instruments for the protection of human rights passed half a century. The circle, however,is not yet closed.Well aware of the difficulty of the task at hand, and the numerous restrictions, the author chooses to highlight key moments resulting from the analysis of the rich literature on human rights protection in the process of European integration. Special attention is given to the idea of the EU`s accession to the Convention for the Protection of Human Rights and Fundamental Freedoms, which has been pressing for some time now, but the process, however, is not yet complete. The conditions for the accession to the Convention were met in 2009 with the entry into force of the Lisbon Treaty. However, although the formal legal obstacles are no longer present,it is obvious that further consultations are needed. We believe that the accession to the European Convention on Human Rights, is an important step in developing a unique system and a key factor of preservation of legal certainty and effective protection of human rights and freedoms in Europe.
Европски интеграциони пројекат у контексту европских заједница и Европске уније
Европски интеграциони пројекат у контексту европских заједница и Европске уније
(The European Integration Project in the Context of the European Communities and the European Union)
- Author(s):Ivana Dragić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Governance, EU-Legislation
- Page Range:167-189
- No. of Pages:23
- Keywords:European integration; ECSC; EEC; Euroatom; Federalism; Functionalism; Neofunctionalism; Intergovernmentalism;
- Summary/Abstract:A proper consideration of evolution that extends from the European Community to the European Union is possible by applying contextual approach, specifically pointing out the political and economic environment that caused certain institutional arrangements and their legal contours.Therefore, in order to illustrate the past six decades of the European economic and political integration, it is useful to indicate conditions that influenced the dynamics of the project of voluntary structuring that will homogenize European countries.The twentieth century has compromised sovereign state as an exclusive modality of society coordination. Since the concept of sovereign states proved to be dysfunctional, due to its conservatism and particularism, the idea of mobilizing and synchronizing capacities within Europe emerged asan alternative. After 1945, the West European nation-states realized they had to deviate from the autistic power politics and transfer or more usually associate their sovereign powers in a collective enterprise. Peace was the the most explicit and evocative of ideals which were regarded as spiritus movens of the integrative process.The federalist approach undoubtedly determines European integration,and is considered as objective and strategy for its implementation at the same time. Yet, the major perspective from which the processes of European integration were studied was the normative and deterministic functional theory, until it was replaced by neofunctionalism, as the analytical and probabilistic theoretical paradigm. Finally, one of the contemporary models of European integration, intergovernmentalism, which has long been seenas the rival and alternative to neofunctionalism, presents a state-centric and rational approach to European integration. However, the very same prominent theories have failed to explain or predict the evolutionary pattern of the integrative efforts.
Улога хармонизације права са правом Европске уније у процесу евроинтеграција
Улога хармонизације права са правом Европске уније у процесу евроинтеграција
(The Role of the Harmonization of Law in the Process of Eurointegration)
- Author(s):Emilija Vukadin
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Accession / EU-DEvelopment, EU-Legislation
- Page Range:193-210
- No. of Pages:18
- Keywords:Harmonization; Institutions; State; Eurointegration; Legal order;
- Summary/Abstract:Harmonization of law with the EU law demands and takes place in parallel with the change of the institutional basis of political, economic and social system, in regard to the functioning of the new role of state. The process of harmonization points out the importance of legal system in democratic political and market economy system which is expressed in the formal and substantial aspect. The progress in the process of harmonization is faster in the formal aspect because it is expressed in normative acts which on new principles regulate various areas of social life. Establishing the substantial base depends on the pace of changes and construction of new institutions of the system, which takes longer period of time. Harmonization of the law with the EU law means the construction of new legal system on the principles as the base for accepting and applying 35 chapters of Acquis communautaire – EU legal system. The main objective for the future EU members is reaching the required capacity for the implementation of laws, policies and procedures, in other words, accepting all wrights and obligations as the basis of functioning and progress of European union.
Učešće nacionalnih parlamenata u aktivnostima Evropske unije
Učešće nacionalnih parlamenata u aktivnostima Evropske unije
(Participation of National Parliaments in Activities of the European Union)
- Author(s):Marijana Pajvančić, Ljubica Đorđević
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:211-222
- No. of Pages:12
- Keywords:Parliament; The European Union; The Principle of Subsidiarity; Revision of the EU Treaties; Article 12 TEU;
- Summary/Abstract:With Article 12 TEU the EU law establishes a direct link between national parliaments and the EU. According to Article 12 TEU national parliaments have the right to be informed by the institutions of the EU and to get forwarded draft legislative acts of the EU, to supervise the respect for the principle of subsidiarity, to participate in the area of freedom, security and justice, to participate in the revision procedures of the Treaties, to get informed about the accession process, and to take part in the inter-parliamentary cooperation. Participation of national parliaments in activities of the EU reflects the intention to decrease the democracy deficit of the EU and to compensate a constant reduction of powers of national parliaments resulting from the EU integration. Article 12 TEU recognizes national parliaments as players of the integration process, but it does not affect the decision mechanisms in the EU. Article 12 TEU establishes specific links between national and the EU levels of governance but it does not modify the concept of the EU. The decisions of the EU are still made in scope of the EU institutions and according to the rules and procedures regulated with the EU law. To some extent the EU law recognizes the role of veto-players for the national parliaments, but this role is rather limited.
Mobing u javnom sektoru
Mobing u javnom sektoru
(Mobbing in the Public Sector)
- Author(s):Borče Davitkovski, Ana Pavlovska-Daneva, Elena Davitkovska, Dragan Gocevski
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Public Administration, Corruption - Transparency - Anti-Corruption
- Page Range:223-237
- No. of Pages:15
- Keywords:Employment relations; Mobbing; Harassment on the work place; Employer; Employee; Public sector;
- Summary/Abstract:In this paper we give a theoretical review and the development of the legal framework which regulates psychological harassment on the workplace (mobbing) in the Republic of Macedonia, as well as relevant EU regulation. We did a detailed analysis of the legal framework in the Republic of Macedonia which regulates the mechanism for protection and prevention of psychological harassment on the workplace. For the purposes of this paper we conducted an empirical study in the period of September 2009 till august 2013, and measured the level of legal implementation of the amendments to the Law on Employment Relations adopted in September 2009 which were supposed to improve legal protection and prevention of mobbing. We conclude the paper with a legal analysis of the latest novelties in this field,the adoption of the Law on Protection from Harassment on the Workplace adopted in May 2013.
Обележја пореза на додату вредност у савременим државама
Обележја пореза на додату вредност у савременим државама
(Specifications of Value Added Taxes in Modern States)
- Author(s):Zoran Isailović
- Language:Serbian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Fiscal Politics / Budgeting
- Page Range:238-254
- No. of Pages:17
- Keywords:Legal regime; Harmonization; Elements of taxation; Indirect method of the calculation of tax liabilities; Tax exemption;
- Summary/Abstract:In order to stimulate economic trends, modern states have tried to conceive such tax systems which implementation could influence in the most possible extent so that prices of goods and services primarily depend not on some ”artificial extracts” such as taxes, but on the most favorable combination of the productive factors . Naturally, it could not be expected of all tax forms involved in the tax system of a state, but only of some leading income taxes. In that sense, the most important is the value added tax.Value added tax, as a foundation of tax systems of modern states, is the most important tax innovation of the twentieth century. The importance of this tax resulted from its legal and economic nature and existence in numerous modern countries all over Europe. In the context of exposed , it is necessary to point out that the European union membership is formally and legally impossible without adoption of this model of tax system -so called“EU model” of consumable type, indirect method of the calculation of tax liabilities and application of destination. Regarding above mentioned, the author discusses the development and harmonization of the legal regime of this tax implemented within the European Union with particular reference to the Republic of Serbia.
Државно-црквено право у оквиру права Европске уније
Државно-црквено право у оквиру права Европске уније
(State-Ecclesiastical Law in European Union Law)
- Author(s):Stanka Stjepanović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law
- Page Range:255-282
- No. of Pages:28
- Keywords:State Church; System of relations; Pluralism; Secularism; Tolerance;
- Summary/Abstract:Since Lisbon Treaty has been ratified in December 2009, European Union has been a legal person. Among other competences, it is competent in education, labor and social law. This is an area related to churches and religious communities. European Union is obliged to remain neutral to religion and to express respect towards all religions. European Union should be restrained when it comes to religious law. European Court of Human Rights, within its decisions, shapes the application of Article 9 of the European Convention on Human Rights, on freedom of religion. In many cases, right to freedom of religion is in collision with the right to freedom of expression, guaranteed by article 10 of The Convention. Each of European Union member states constitutions guarantees freedom of religion.
Хармонизација радног права Републике Српске
Хармонизација радног права Републике Српске
(Harmonization of Labor Law of Republic Srpska)
- Author(s):Željko Mirjanić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Labor relations, EU-Legislation
- Page Range:283-296
- No. of Pages:14
- Keywords:Harmonization of labor law; Social dialogue; European labor law; Rules for law enactment;
- Summary/Abstract:The paper analyses the importance and the process of harmonization of labor law of the Republika Srpska as a part of the process of the harmonization of law in the region with the EU law. In this process a social dialogue between social partners as well as a development of industrial democracy are vital,as well as values supported by the European Union. The subject of social dialogue is wider than the issues of harmonization of labor law, and it entails many other issues from labor law, and other law branches, in conformity with trends of development of social dialogue in the EU states. The special importance is given to Rules for drafting laws and other regulations of the Republika Srpska in the part which relates to conformity of laws with legal system of the European Union as a necessary part of reasoning of the draft or proposal of law in the course of proceedings of law enactment.
Босанскохерцеговачка држава и друштво и евентуалне уставне промјене у контексту европских интеграција
Босанскохерцеговачка држава и друштво и евентуалне уставне промјене у контексту европских интеграција
(The Bosnian-Herzegovinian State and Society and Possible Constitutional Changes in the Context of European Integration)
- Author(s):Mile Dmičić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
- Page Range:297-313
- No. of Pages:17
- Keywords:Dayton Peace Agreement; Constitution; Constitutional reform; European integration; State; Entities; Communitarian and national law;
- Summary/Abstract:Bosnia and Herzegovina is, in many aspects, a specific and complex state.Specifically, it consists of two entities: the Republic of Srpska and the Federation of Bosnia and Herzegovina as well as of Brčko District, which by its legal nature, has the characteristics of a third entity of Bosnia and Herzegovina.Its Constitution is both, an act of international and national law and apart of the international peace agreement.It is essential to maintain and preserve the established constitutional status, territorial integrity and equality entity, which assumes the necessary consent, confidence and equality of the constituent peoples, citizens and others.Previously established objectives, content and scope of possible constitutional changes include the preservation of the Dayton arrangements and providing of full consensus between the two entities and three equal constituent peoples, as well as the participation of States Parties and the guarantors of the peace agreement, all with respect to the process and procedures of constitutional changes.The existing state and social organization is not an obstacle to its accession to the European Union and as such, based on the Dayton arrangements, in accordance with the principle of pactasundservanda, must be preserved.European integration, democratic development and reform process imply that, in addition to issues concerning the transfer of competences to the European Union institutions and defining the relationship between the national and communitarian law, constitutional changes may include aconstitutional matter, which will regulate the relationship between different levels of government in regarding the European affairs and provide appropriate representation between the two entities and the protection of their interests and the interests of the three constituent peoples.Thus, the aim of this paper is primarily to contribute to answering the question about the need for constitutional reforms in the context of transition and European integration and to identify the appropriate time, nature and extent of these changes.
Демократско versus бирократско у институционалној структури Европске уније
Демократско versus бирократско у институционалној структури Европске уније
(Democratic Versus Bureaucratic in the Institutional Structure of the European Union)
- Author(s):Radomir Lukić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Governance, EU-Legislation
- Page Range:314-338
- No. of Pages:25
- Keywords:Democracy deficit; Democratic legitimacy; Consent of elites; Technocracy; Democracy in supranational entities; Citizen; Nation state;
- Summary/Abstract:The modern-day European Union has been taking incrementalistic approach in its development for the past 60 years starting from classical international organisation through to present-day mixture of elements inherent to international organisation, confederation, federal state and some sort of supranational organisation. The mixture of such elements and the authority of the European Union have resulted in the increase in importance of democratic establishment of authorities of EU, its bodies and its democratic legitimacy. The consent national elites reached on the necessity of European Union, its organisation and decisions have become insufficient to justify EU’s existence and decisions which deeply affect its citizens/citizens of member states.This paper presents a modest attempt to evaluate and compare proportion of democratic and bureaucratic principles in EU institutions, as well as to work out the ratio of democratic over bureaucratic elements and instruments in organisation and performance of EU bodies. Due to limited space we were forced to constrain our study to general estimates, excluding analyses and assessments of details with regard to democratic and bureaucratic instruments and elements.This paper puts forward a view that the democratic deficit and excessive bureaucracy is a consequence of the ambivalent nature of the European Union – as such different from nation state and that, despite decades of incrementalistic empowerment of democratic components in Union’s institutional structure, it is still overpowered by bureaucratic element epitomized in national bureaucracy and eurocracy.
Harmonizacija prava u regionu sa pravom EU u kontekstu funkcije, vrijednosti i efikasnosti pravne norme
Harmonizacija prava u regionu sa pravom EU u kontekstu funkcije, vrijednosti i efikasnosti pravne norme
(The Harmonization of Laws in the Region with the EU Laws in the Context of Function, Value and Efficiency of the Legal Norms)
- Author(s):Mirjana Nadaždin-Defterdarević
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:339-349
- No. of Pages:11
- Keywords:Europeanization; Harmonization; Download; Acceptance; Objective; Function; Value and efficiency of legal norms;
- Summary/Abstract:The process of joining the EU membership for the Western Balkan countries implies the Europeanization process that strongly affects all spheres of their lives. The influence of this process is displayed in different ways and is accompanied by various effects of transformation. However, the normative aspect of this process is in the background of all these changes, therefore they cannot be analyzed independently of the way in which formal and informal structures, policies and procedures are internalized at the national level.Harmonization of national law with EU law, which implies adjustment,acceptance and implementation of the acquis of the EU in the national legislation of the Western Balkans, in the process of accession to the EU revealed a number of problems. The process of harmonization is usually reduced to formally meeting the administrative priorities, ignoring its true content. In this way, adapting European legislation to local laws and practices is some what parallel to the way that the European acquis is biased towards the experience of Western European member states, often neglecting and ignoring the characteristics of the new context in which it has yet to be applied.Harmonization of national laws in the region with the EU laws is primarily manifested as support to the objectives, functions and values of the adopted European standard. Acceptance is expressed as weaker will, manifested through lack of ownership of responsibilities or neglect thereof in applying the adopted standard. Acceptance in this case can be justified by the fact that the harmonized standard is not a reflection of the context for which it is intended, but merely indicates the direction in which the context should develop. The mismatch between the internalized content and the real social relationship, i.e. the harmonized standard, is reflected in all the aspects of harmonization. The objective of harmonized standards which transforms during its realization, adapting to social reality, its values accepted, but without an assurance of them being consistently applied, its effectiveness, which is conditioned by sanctions, and even its uncertainty, justifies the question of how legally binding the harmonized standards.No matter what all these aspects of action of harmonized legal norms show a significant deviation from the optimum, the validity of the harmonized standards is not put into question by this. The most important assumption of the current mandatory harmonization of legal norms is that it will be applied.
Институционална реформа Европске уније и допринос Лисабонског уговора овом процесу
Институционална реформа Европске уније и допринос Лисабонског уговора овом процесу
(Institutional Reform of the European Union and Contribution of the Lisbon Treaty to this Process)
- Author(s):Dragan Bataveljić, Blagoje Pušonja
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:350-365
- No. of Pages:16
- Keywords:Constitutionality; European Union; Lisbon(Reform) treaty; Institutional reform of the EU; Globalization; European federalism;
- Summary/Abstract:The author in this work points out the necessity of institutional reforms within the great European family, which became the largest regional organization in the world. The creation of the European Union was due to the development of constitutionality after the Second World War, relations between the political forces, as well as tensions between the two largest pact of that period – Warsaw and the North Atlantic. The development of the world’s constitutionality and modern tendencies are caused drafting the Constitution of the European Union, whose adoption is not completed successfully, so that a solution is found in the Treaty of Lisbon, which is a replacement for this Constitution. This contract is very important for today’s EU institutional image and overcoming so-called „Institutional crisis“, which occurred after an unsuccessful referendum for accepting the European Constitution.Reached agreement and acceptance of Lisbon (Reform) treaty was very important for the introduction of significant innovations in the institutional system of the Union, and in particular for the creation and realization of the rights of all its citizens. The author specifically indicates that the system is extremely complex, complicated, slow, expensive, and very difficult to understand.
Procjena regulatornog uticaja u postupku izrade i donošenja zakona
Procjena regulatornog uticaja u postupku izrade i donošenja zakona
(Regulatory Impact Assessment-RIA)
- Author(s):Zarije Seizović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:366-379
- No. of Pages:14
- Keywords:Regulatory impact assessment; Law; Regulation; Norm; Policy; Administrative capacities;
- Summary/Abstract:Regulatory impact assessment (RIA) is an analytical tool to assess costs,consequences, and side effects of a planned policy instruments (enactment of laws, regulations, etc.). It can also be deployed to evaluate real costs and consequences of policy instruments upon their implementation. In either case, the outcomes are being used to improve the quality of policy decisions and policy instruments (laws, regulations, public investments etc). Basically,it is a mean to inform government choices: choices about policy instruments,about the very design of a specific policy instrument, or about the need to amend or cease the implementation of an existing instrument.The time and resources to be put into RIA depend on the importance of the policy instrument as such. The important policy instrument that are expected to have huge effect upon the state and society would require sophisticated RIA, for a thorough RIA certainly calls for specialized expertise,adequate time-frame and sufficient resources. On the other side, RIA for a less important policy instrument can be performed by lower level civil servants,even if they had not been through a comprehensive training in both quantitative and qualitative assessment techniques.The paper gives definition of RIA, its application as well as some of its methods and techniques.
Ljudska prava u pravnom poretku država u regionu u odnosu na ljudska prava i slobode u Evropskoj uniji
Ljudska prava u pravnom poretku država u regionu u odnosu na ljudska prava i slobode u Evropskoj uniji
(Human Rights in the Legal Order State Region in Relation to Human Rights and Freedoms in the European Union)
- Author(s):Slađan Ajvaz
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:380-394
- No. of Pages:15
- Keywords:Human rights; International standards-a catalog of rights; The European Convention for the Protection of Human Rights and Fundamental Freedoms; The Charter of fundamental rights of the European Union;
- Summary/Abstract:Human rights and fundamental freedoms have historically been disputed;prevailing ideological and political forms, states have questioned the human rights of both individual and group or collective (nations and races) - Europe is no exception. Newer understanding of human rights and fundamental freedoms are related to a number of documents both political and legal.Primarily these are: international agreements, political treaties, international custom, general principles of law, which are recognized by civilized nations,comparative law, democratic principles - good practice, good governance,decisions of international organizations and unilateral acts država. Author in the work specifically dealing with questions of correlation between political and legal documents, documents of the European Union and countries of the region, as well as the systems of protection of these rights both in the EU and in the countries of the region. This paper analyzes the mechanisms to protect human rights and freedoms as in the Union and in the countries of the region.
Реформа законодавства о заштити личних података (стање и перспективе у Европи)
Реформа законодавства о заштити личних података (стање и перспективе у Европи)
(Reform of the Legislation on the Protection of Personal Data(Situation and Perspectives in Europe))
- Author(s):Iskra Akimovska-Maletić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:395-411
- No. of Pages:17
- Keywords:Personal data; Privacy; Reform; European Union; European ligilative;
- Summary/Abstract:The protection of personal data is one of basic human rights enacted in many international acts dedicated to the protection of human rights. In that segment, beside the European Convention on Human Rights and Basic Freedoms, in the framework of the Council of Europe some other acts have been enacted such as the Convention No. 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data; its amendment regarding the additional protocol of the Convention on the supervisory body and transfer of the personal data to the third countries; recommendations,directives, etc.Strict rules on collection, using and transfer of personal data have been enacted in the European Union. The aim of their enactment is to secure high standards of their protection. In this regard, the most important is the Directive 95/EC of the European Parliament and the Council, on the protection of individual during the procession of the personal data.The reform in the area of the protection of personal data has been started in 2012 in the European Union, as a result of the process of globalization and use of new technologies. The main purpose of the reform is strengthening of the individual human rights. The author analyzes actual European legal norms on the protection of personal data, aiming at the answer to the question whether the measures can contribute to the better protection of individual personal data.
Забрана дискриминације-међународни и национални правни оквир
Забрана дискриминације-међународни и национални правни оквир
(Non-discrimination-National and International Legal Framework)
- Author(s):Olga Jović Prlainović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:412-428
- No. of Pages:17
- Keywords:Human rights; Equality; Non-discrimination; Universal protection system; Council of Europe; The European Union;
- Summary/Abstract:The effective and efficient system of legal protection against discrimination involves the identification of different legal mechanisms to be applied in cases of discrimination. Each legal mechanism for protection against discrimination is regulated by law and each has its own object and purpose. Some are used to protect the person discriminated against, in order to prevent the repetition of discrimination and to eliminate the effects of discrimination, and some are used to discriminator was punished for what he did. In some cases of discrimination, it is sufficient to use only one mechanism, but it is sometimes necessary to use multiple mechanisms,because the only way to prevent further manifestation of discrimination.The document of the United Nations, the Council of Europe and the European Union are frameworks for the implementation of adequate normative regulations prohibiting discrimination in the national legal system. International position of the Republic of Serbia (which was in March 2012 became a candidate for membership in the European Union), imposes a special need for harmonization of national legislation with international standards (universal and regional) and their full implementation. An important moment in this direction was made with the adoption of the Law on Prohibition of Discrimination 2009. On the purpose of combatting discrimination, adopted a Strategy of prevention and protection against discrimination in 2013 as a systemic framework that uniquely integrates legal norms contained in the sectoral laws of the Republic of Serbia and the Action Plan for the implementation of the Strategy of prevention and protection from discrimination 2014- of 2018.
Радничка партиципација у бившим југословенским земљама и Европској унији
Радничка партиципација у бившим југословенским земљама и Европској унији
(Workers' Participation in Former Yugoslav Countries and the European Union)
- Author(s):Goran Marković
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Governance, Labor relations, EU-Legislation
- Page Range:429-457
- No. of Pages:19
- Keywords:Workers' participation; European Union; Works councils; Former Yugoslav countries; Directives;
- Summary/Abstract:The author analyzes legal solutions which regulate workers’ right to participate in the management of enterprises in the member states of the European Union and in former Yugoslav countries, as well as in enterprises which operate in at least two member states of the European Union.Functioning of the works councils, which is one of basic models of workers’participation, has been analyzed in the paper.The author analyzes national and the European Union legislations, and concludes that there are some differences in the forms of realization of workers’ participation, in the spheres of the composition of works councils,their election and authorities, but the basic principles are essentially the same and could be centered on the conclusion that workers have the right to be informed and consulted.Comparing national legislations of the member states of the European Union and those of the former Yugoslav countries, the author suggests solutions which could improve workers’ right to participation.
Usklađivanje nacionalnih propisa Republike Srbije sa propisima EU i učešće javnosti
Usklađivanje nacionalnih propisa Republike Srbije sa propisima EU i učešće javnosti
(Harmonization of National Regulations of the Republic of Serbia with EU Regulations and Public Participation)
- Author(s):Maja Bobić
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Society, EU-Legislation
- Page Range:458-472
- No. of Pages:15
- Keywords:Public; Civil society organizations; European Union; Republic of Serbia; Harmonization of regulation; Transposition;
- Summary/Abstract:The paper analyses the question of public participation in the procedures of harmonization of national legislation of the Republic of Serbia (RS) with the European Union’s (EU). In the first part the importance of public and civil society organizations’ participation is presented. Afterwards general rules and procedures of RS that define the legislative procedure and contain reference to the public access and participation during the preparation and adoption of the regulation or strategic documents are analyzed. In the second part, the norms that regulate the legislative procedures regarding harmonization of the national legislation with the EU legislation are discussed.More specifically, we consider the right and obligations of the law maker with regard the public participation in the legislative process. The basic presumption is that the public participation in the process of harmonization of national legislation with the EU’s is not regulated in a manner that would secure full and regular participation of all relevant stakeholders. It is estimated that non-critical transposition of the EU legal norms into the legal system of the EU, as well as lack of quality public participation in this process, may have certain negative effects regarding the efficiency of harmonization and law implementation. This is especially true where complex regulation is in question that introduces new institutes and elements of the category apparatus that the existing legal system does not know. Therefore the authors propose changes and amendments in the existing procedures that regulate preparing and adoption of law and policies.
Тродимензионалност права
Тродимензионалност права
(Three Dimension of Law)
- Author(s):Sava Aksić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
- Page Range:473-485
- No. of Pages:13
- Keywords:Imperative-attributive emotions; Norms; Society; State; Orders; Attitude Being; Law;
- Summary/Abstract:Traditional theories, as normative, sociological and psychological,explain the nature and essence of Law by way is not wrong, so the way these theories explain the Law is correct, but only in part by they explain the Law.That’s mean these theories are particular and not comprehensive.By Psychological theory of Law Petrazicky, imperative – attributive emotions makes the Law. According to George Gurvitch's Sociological theory,the normative fact is every manifestation of social reality and according to Kelzen's normative theory the Law is content only of orders of state.We think, all of this theories, represent some reduction of Law. The Law is impossible to reduce on way this theories explain it especial. The Law is possible to receive only on way of wholeness. That’s mean, the Law is contented not from facts this theories especial find as Law, then in facts of all this theories.
Независност адвокатуре у Републици Српској
Независност адвокатуре у Републици Српској
(The Independence of Lawyers in the Republic of Srpska)
- Author(s):Igor Milinković
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence
- Page Range:486-498
- No. of Pages:13
- Keywords:Rule of law; Lawyers' independence; International standards; Disciplinary liability of lawyers;
- Summary/Abstract:Although in discussions regarding the establishment (strengthening) of the democratic order and the rule of law system, usually, the importance of an independent judiciary is emphasized, an important role within this process belongs to the lawyers’ profession and the protection of its independent position. By securing their clients a voice and providing the necessary legal aid, lawyers strongly contribute to human rights protection and the rule of law realization within an order. In order to secure the realization of the above-mentioned role, lawyers’ independence has to be protected. In the first part of the article, various meanings of lawyers’ independence will be pointed out. The political meaning of this notion will be accentuated(lawyers’ independence from government domination, whose arbitrary dealings an independent legal profession should confine). After that, the relevant international standards regarding the lawyers’ independence will be analyzed, as well as some of the solutions accepted in the comparative legislation. Finally, the new solutions introduced by the Law on Amendments and Addition to the RS Bar Law will be analyzed in the light of the above mentioned standards. The new legislative solutions are intended to improve the bar’s independence by decreasing the influence of the executive power on the disciplinary proceedings.
Zabrana diskriminacije po osnovu seksualne orijentacije u pravu Evropske unije
Zabrana diskriminacije po osnovu seksualne orijentacije u pravu Evropske unije
(Prohibition of Discrimination with Regard to Sexual Orientation in European Union Law)
- Author(s):Boris Krešić, Dženeta Miraščić
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:499-519
- No. of Pages:21
- Keywords:The principle of non-discrimination; The principle of equality; European Union; Council of Europe; Sexual orientation;
- Summary/Abstract:The principle of non-discrimination in modern legal systems, both at national and at regional and global levels of government, is the primary prerequisite for the realization of all other (fundamental) rights and freedoms.The essence of this principle, which is, in fact, inextricably linked to the principle of equality in rights, is reflected in the requirement to ensure to all persons, without discrimination on any basis, the realization and enjoyment of the fundamental rights and freedoms that are guaranteed by provisions of the national constitutions, Laws and other legal acts, as well as lawful international and European articles.Bearing in mind the fact that the realization of fundamental rights and freedoms, in substantial part, depends on the (in)activity of state authorities,authors emphasize the obligation of representatives of all government activities that during the exercise of jurisdiction, treat all persons equally and without discrimination, regardless of their individual specific growth and/or status. Furthermore, in this paper, in addition to the basic determinants of the principle of non-discrimination, the authors put special emphasis on the analysis of the prohibition of discrimination based on gender and sexual orientation in the European Union Law. In addition to generally accepted prohibition of discrimination, the fundamental principles of modern society:democratization and decriminalization represent the basis of standardizing the principles of non-discrimination on grounds of sexual orientation in EU law. The primary and secondary sources of EU law pursuant to which the sexual orientation is standardized as so-called prohibited grounds of discrimination, represent the case study. The authors of the research will attempt to point out the fact that in practice, despite the binding legal force of national and international law, the full protection of persons of different sexual orientation is not being realized.
Глоса о аутентичном тумачењу права
Глоса о аутентичном тумачењу права
(Glos About Authentic Interpretation of the Law)
- Author(s):Dragana Ćorić
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence
- Page Range:520-534
- No. of Pages:15
- Keywords:Authentic interpretation of the law; Legal norm; Legal act; State institution;
- Summary/Abstract:Authentic interpretation is an interpretation of law made by the authority of the state (or any other institution) which has already passed an act, which,because of its ambiguities, inconsistencies or other deficiencies we will try to explain in more detail.Authentic interpretation of legal acts should correspond to the meaning and substance of legal acts that is interpreted. But, it is also possible to enact something new, during the interpretation, that was not officially planned in that act. Examples of authentic interpretations of domestic Serbian law and the laws of states in the region and beyond, that caused enough controversy, are the basis of this work.
ОЛАФ-чувар буџета Европске уније (правни основ и организациони аспекти)
ОЛАФ-чувар буџета Европске уније (правни основ и организациони аспекти)
(OLAF-the Keeper of the European Union Budget (Legal and Organizational Aspects))
- Author(s):Stevo Ivetić
- Language:Serbian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Public Finances, EU-Legislation
- Page Range:535-546
- No. of Pages:12
- Keywords:OLAF; UCLAF; AFCOS; EJT; External and internal investigations;
- Summary/Abstract:This paper discusses the European Anti-Fraud Office which represents one of the four pillars of the EU security architecture (in addition to Europol, Frontex and Cepol). The paper deals with the normative basis for the establishment of OLAF, its development and operation, with special emphasis on its predecessor UCLAF. It, also, shows the institutional framework of the functioning of OLAF, especially in terms of the recent changes of the organizational structure of this European office. Furthermore,the paper describes the OLAF tasks, which, in addition to the implementation of external and internal investigations, include other activities that fall within its inherent jurisdiction. The conclusion points out to the future and possible further development of OLAF as a European institution, its further cooperation with the Office of the European Public Prosecutor, and the importance of establishing AFCOS system in BiH and cooperation with OLAF on the road to EU accession.
Reforma politke zapošljavanja u regiji i zemljama EU
Reforma politke zapošljavanja u regiji i zemljama EU
(Reform of the Employment Policy in the Region and EU Countries)
- Author(s):Anton Petričević
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Labor relations, EU-Accession / EU-DEvelopment, EU-Legislation
- Page Range:547-558
- No. of Pages:12
- Keywords:Unemployment; Employment policy; Strategic advice on employment; Guidelines of employment reforms in EU countries;
- Summary/Abstract:Faced with high unemployment in the countries of the region and the European Union it was necessary to implement the reforms of the employment policy. Each country in the region led its policy of hiring workers and reducing unemployment. Since the unemployment rate was not decreasing, it was necessary to reform employment policy with the appropriate strategic guidance issued on the same. Member states had submitted the national reform programs to the Council based on the recommendations of the Commission given to member states on reducing unemployment. Employment Committee monitors the implementation and progress in dealing with the unemployment using the instrument for monitoring the efficiency of employment(Employment Performance Monitor).Particular emphasis of these reforms is aimed at young people in terms of offering training programs, vocational training for retraining and getting a higher degree qualifications. Countries in the region that are not members of the EU should follow the guidelines of reforms and measures introduced by member states. Progress varies from country to country. The effects of reforms will not be visible immediately, but after a few years. As the Member States, countries in the region that are not members of the EU should strengthen measures of active labor market policies (ALMP – Active LabourMarket Policy).
Заштита равноправности полова у Републици Србији и Европској унији. Упоредноправна анализа
Заштита равноправности полова у Републици Србији и Европској унији. Упоредноправна анализа
(Protection of Gender Equality in the Republic of Serbia and the European Union. Comparative Legal Analysis)
- Author(s):Blagoje Pušonja, Dragan Bataveljić
- Language:Serbian
- Subject(s):Gender Studies, Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:559-583
- No. of Pages:25
- Keywords:Gender equality; Discrimination; Republic of Serbia; European Union law; European Court of Human Rights; Harmonization of law;
- Summary/Abstract:The authors in the work first give a constitutional and international legal framework for the protection of gender equality in the Republic of Serbia,so that at the beginning they give an analysis of the provisions of the current Constitution of the Republic of Serbia in 2006, and after that they point to the most important ratified international documents. In this text, the authors pay special attention to gender equality legislation in the Republic of Serbia and institutional framework for the protection of this equality, while in the final analysis of domestic legislation, which regulates this matter, the chapter relating to the protection of gender equality in practice occupies very important place. The authors here specifically deal with advantages and disadvantages of this protection and participation of women in the complete social engagement in the Republic of Serbia. Also, in this work,great attention is paid to contemporary international legal framework of this protection, first of all the European charters, conventions and documents, as well as the European Court of Human Rights based in Strasbourg.
Ванредни порези и начело законитости у Републици Српској
Ванредни порези и начело законитости у Републици Српској
(Extraordinary Taxes and Legality in the Republic of Srpska)
- Author(s):Đorđe Marilović
- Language:Serbian
- Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Public Finances
- Page Range:584-602
- No. of Pages:19
- Keywords:Extraordinary taxes; The Republic of Srpska; Legality; Retro-activity; The rule of law; The Solidarity Fund for the Republic of Srpska's Recovery;
- Summary/Abstract:Floods that hit the Republic of Srpska in May 2014 led to extraordinary increase in public expenditures. Addressing the problem, the Republic of Srpska parliament introduced extraordinary taxes, which opened some questions of theoretical and practical nature. The paper examines selected taxes introduced during 2014.Firstly, The Special Contribution to Solidarity is analyzed. The author suggests that it is not a contribution in the strict sense, but rather two merged taxes (income tax and payroll tax). The nature of The Special Contribution to Solidarity impacts its legal determination and tax laws relevant to its application. Furthermore, the retro-activity of observed tax laws is analyzed,which led to conclusion that, although generally prohibited, retro-activity of certain tax norms is in accordance with the Republic of Srpska Constitution and the Convention for the Protection of Human Rights and Fundamental Freedoms. Secondly, the author also analyses the Immovable Property Tax exemptions, introduced in July 2014, and concludes that they are not in accordance with the “ability to pay” principle and principles of equality and the rule of law, and are thus unconstitutional.
Хармонизација права Републике Србије са правом Европске уније у домену фискалне децентрализације
Хармонизација права Републике Србије са правом Европске уније у домену фискалне децентрализације
(Harmonization Right of Republic of Serbia With the Right of European Union in the Filed of Fiscal Decentralization)
- Author(s):Suzana Dimić
- Language:Serbian
- Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Governance, Public Finances, Fiscal Politics / Budgeting
- Page Range:603-616
- No. of Pages:14
- Keywords:Fiscal decentralization; Harmonization; Local government;
- Summary/Abstract:Trend of fiscal decentralization, present in the member States of the European Union and countries in transition current in the Republic of Serbia.The first major step in this direction was done by passing a law regulating the financing of local government. The line with the commitment of the Republic of Serbia for EU membership, the question is to what extent is executed harmonization with the EU in this field.Comparing the current legal solutions, it can be concluded that in principle achieved harmonization with the principles contained in the European Charter of Local Self-Government. However, only the alignment with the principles of European law does not automatically providing the goals to be achieved by fiscal decentralization.
Ефикасност управног поступка као темељ модерне јавне управе
Ефикасност управног поступка као темељ модерне јавне управе
(Efficiency of the Administrative Procedure as a Basis of the Modern Public Administration)
- Author(s):Jelena Starčević
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law
- Page Range:617-633
- No. of Pages:17
- Keywords:Efficiency; The principle of efficiency; Administrative procedure; Public administration; Reform;
- Summary/Abstract:The reform process towards the creation of a modern public administration based on the foundations of the European concept of good governance imposed the need to review the efficiency of the administrative procedures.Following the conclusion of numerous studies which have shown that the public administration in the Republic of Srpska (Bosnia and Herzegovina)is inefficient, too big, non-transparent and it is not service for economic development of the country, the case studies in this paper is whether and to what extent the principle of efficiency represented in administrative proceedings, whether there is mechanism to measure it, what is the role of the principle of efficiency in the process of creating a Europe-oriented,modern public administration and what is needed and necessary to be done to make it more efficient administrative procedures.
Уставне промјене и чланство у Европској унији на примјеру Републике Хрватске
Уставне промјене и чланство у Европској унији на примјеру Републике Хрватске
(Constitutional Reforms and the Membership in the European Union-the Case of the Republic of Croatia)
- Author(s):Tiho B. Džakić
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
- Page Range:634-647
- No. of Pages:14
- Keywords:Constitution; Constitutional amendments; Membership in the European Union; Institutes of European Union law; Principles of European Union law; European Union institutions;
- Summary/Abstract:Joining the European Union membership for each candidate state carries many obligations. One of the obligations is the law harmonization which encompasses not only the harmonization of laws, but also harmonization of the constitution as the highest legal act in a country. The paper analyzes the constitutional provisions that had been changed in the candidate countries before they have joined the European Union, to be in the foreseeable future approached the same or similar changes in the constitutional and legal order of Bosnia and Herzegovina. Considering the shared history that Bosnia and Herzegovina had shared with the Republic of Croatia and the fact that it is a member of the European Union, it seems appropriate that an analysis of Croatian constitutional provisions carried out to identify the most important changes of the Constitution that are related to membership in the European Union. In addition, it was also performed a comparative analysis of the provisions of the Croatian Constitution and the relevant principles and provisions of European Union Law in order to determine their compliance with the explanation of the basic principles and institutions of the EU Law.The paper discusses the following areas: legal basis for membership,the legal basis for the transfer of authority, participation in the institutions of the European Union, the relationship with the legal order of the European Union and the right to citizenship of the European Union. In preparation of this paper was used normative method, dogmatic method, method of analysis and synthesis, deduction and induction, comparative method and the method of compilation. Research shows us that it was necessary to make adjustment of the Croatian Constitution in the process of joining the European Union in a way that certain provisions were interpreted in the light of the new era (the legal basis for membership), and that, on the other hand, certain provisions should be amended.
