Arhiva časopisa Evropsko zakonodavstvo
Evropsko zakonodavstvo Vol. 10 No. 31-32/2010
Sadržaj
Predgovor
Evropsko zakonodavstvo, 2010 10(31-32):5-8
Zakonodavstvo
Evropsko zakonodavstvo, 2010 10(31-32):9-17
Sažetak ▼
The Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure establishes a European procedure for small claims is intended to simplify and speed up litigation concerning small claims in cross-border cases and to reduce costs. Also, this Regulation has the rules on taking of evidence and service of documents in this procedure and of enforceability of judgment and appeal. At the end, this act regulates the recognition and enforcement in another member states. In the Republic of Serbia, the Act of the litigious proceeding has the rules on the procedure for small claims.
Evropsko zakonodavstvo, 2010 10(31-32):18-38
Sažetak ▼
The objective of committing a criminal activity, not only within classic but even more within organised transnational crime, is in a large number of cases to obtain illegal gain. By performing financial, banking, economic and similar activities, the illegally obtained gain is placed in legal financial flows. Realising that there is a great danger in money laundering (making legal the illegally obtained gain) the European Union takes a large number of various measures, means and procedures with the aim to prevent and stamp out such criminal phenomena. Apart from a number of legal documents (from the treaties establishing the European Union to recommendations), several specialised agencies have been established within this regional organisation with the basic task to fight against such negative phenomena. The paper analyses the legal documents and activity of the EU specialised agencies in fighting against this specific form of “financial” crime.
Institucionalna pitanja
Evropsko zakonodavstvo, 2010 10(31-32):39-51
Sažetak ▼
The paper presents an analysis of the most important changes defined in the new, seventh EU Treaty, which are, for now, the most important reforms of the European Union. The Lisbon Treaty, although in many ways basically relying on the previously rejected fundamental premise of the Constitution for Europe, contains a special form. The amendments to the formal concept of the Treaty in relation to the previous constitution were done with the purpose to avoid the referendum plea of its eligibility. In fact, according to the expert estimates, the great divergence concerning the Constitution for Europe in member countries was caused by the courage to impose common symbols of the Union or other legal formalisms (expressions like constitution, law, etc.). The Lisbon Treaty, aborting from formalisms of the Constitution for Europe, skilfully avoids the eurosceptics deadfall, which opens the door for fundamental reforms that will ensure the continuation of the enlargement and deepening process of the European Union.
Evropsko zakonodavstvo, 2010 10(31-32):52-66
Sažetak ▼
By entering into force, the Lisbon Treaty has introduced a new institutional order in its system, which further establishes new rules for conducting the “EU game”. At the first glance, the new rules reflect a significant change in the power balance among different EU institutions as well as a new division of tasks and responsibilities. For the purpose of this article, the emphasis has been put on the importance that these changes are bringing in the area of the European foreign and security policy with a particular view on the impact that they exert on the future streaming of Serbia’s European integration process.
Evropsko zakonodavstvo, 2010 10(31-32):67-76
Sažetak ▼
In this paper, the author analyses the Lisbon treaty provisions regarding the role of national Parliaments in the European Union decision-making process. With the Lisbon Treaty amendments, a new early warning mechanism was introduced in the European Treaties. This mechanism enables each national Parliament to send reasoned opinion to Commission stating why it considers that certain legislative draft does not comply with the principle of subsidiarity. An early warning system provides an opportunity for the European institution of blocking a further legislative procedure on the basis of certain number of national Parliaments’ reasoned opinions. Nevertheless, the early warning mechanism (also known as a “yellow and orange cards” system) is soft and open-ended, and finally, its application will be a matter of political judgments and not of an entirely objective assessment.
Ekonomija, konkurencija i preduzetništvo
Evropsko zakonodavstvo, 2010 10(31-32):77-85
Sažetak ▼
The article deals with a new Community Directive, which amends the existing Directives concerning mergers, divisions and cross-border mergers regarding reporting requirements and publication duties. They also create some minor changes concerning setting up or increase in capital requirements for experts’ reports. Changes were made to creditor protection provisions and they introduce coherence with other Community Directives. Finally, simplified mergers and divisions were slightly changed by introducing obligations, rather than possibilities for their regulation by Member States.
Evropsko zakonodavstvo, 2010 10(31-32):86-102
Sažetak ▼
National economies compete for scarce resources and wealthy customers on vast global market. In this game the most able – competitive – can survive. Concept of competitiveness of national economies is still controversial in economic theory but operational for years. Nowadays in focus is competitiveness of smaller parts of national economies – regions since many economies became decentralised. Many of the regions have their own competences so it can determine some tax incentives, attract investment and make influence on business climate on their territory.
Finansije
Evropsko zakonodavstvo, 2010 10(31-32):103-108
Sažetak ▼
The article examines the provisions of the Commission’s Communication to the Council of 23 May 1986 on the programme for liberalisation of capital movements in the Community, which was the first drive towards establishing a European financial area. The original 1957 version of the Treaty establishing the European Communities did not include a formal obligation to secure free movement of capital. According to former Article 67, this was to occur only “to the extent necessary to ensure the proper functioning of the common market”. In the Communication, the Commission took the position that there were three categories of operation concerning progressive liberalisation of capital movements and they were as follows: capital operations, operations in financial market securities and operations involving financial credits.
Evropsko zakonodavstvo, 2010 10(31-32):109-115
Sažetak ▼
The Fiscalis 2013 programme is set up for the period from 1 January 2008 to 31 December 2013 and is intended to improve the functioning of tax systems in the internal market by strengthening cooperation between the participating countries, their administrations and any other body. The countries participating in the Fiscalis 2013 programme are the EU Member States. The programme is also open to participation by the candidate countries benefiting from a pre-accession strategy, potential candidate countries, as well as some partner countries under the European Neighbourhood Policy.
Evropsko zakonodavstvo, 2010 10(31-32):116-123
Sažetak ▼
The present article basically deals with certain legal aspects concerning the application Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism. This Regulation supplements the juridical processes relating to terrorist organisations in the European Union and in third countries. It does not cover up the persons, groups and entities sheltered by the United Nations Security Council Resolutions 1267(1999) and 1390(2002) that are included in the Regulation (EC) No 881/2002 which imposes certain specific restrictive measures directed against certain persons and entities associated with Osama bin Laden, the Al-Qaeda network and the Taliban, and repealing the Council Regulation (EC) No 467/2001 prohibiting the exports of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan.
Ekologija
Evropsko zakonodavstvo, 2010 10(31-32):124-133
Sažetak ▼
The article is based on the hypothesis that further development and implementation of market-based instruments in the EU environmental policy includes extension of the fields of implementation and establishment of sophisticated instruments in the domains with no such instruments. The author points out the role and significance of the marked-based instruments. He elaborates the results of the discussions and consultations initiated by the “Green paper on market-based instruments for environment and related policy purposes” (2007). The author also points out that the present situation in Serbia is characterized, inter alia, by the harmonization of the national policy and law with EU policy and law, by the introduction of new instruments as well as by the absence of a systematic analysis of the implications that are brought about by the introduction and implementation of these instruments, particularly having in mind the real capabilities of the Serbian economy and consumers.
Evropsko zakonodavstvo, 2010 10(31-32):134-139
Sažetak ▼
The author outlined the main outcomes of the Copenhagen climate summit in order to assess its positive and negative sides. Although the summit was to result in legally binding treaty as a subsequent step within the UN climate talks, it seemed that its results put in question the further efforts in preventing the emission of greenhouse gases. The lack of reaching this legally binding document was the main disappointment of the summit, although some argue that for the first time the summit brought together 110 world leaders, among which were the US and China representatives. The agreement to hold the increase in global temperature below 2 degrees Celsius, to establish a Copenhagen Green Climate Fund as well as the REED and REED-plus, and to mobilize significant financial assistance to poorer countries are perceived as the main positive results of the agreed accord.
Socijalna pitanja
Evropsko zakonodavstvo, 2010 10(31-32):140-150
Sažetak ▼
In this article, the authors make a short review of the European legislation on family violence analysing the Swedish cabinet strategic document – the Action Plan for combating men’s violence against women, violence and oppression in the name of honour and violence in the same-sex relationships. This document contains the most important issues, measures and activities in that area. The Action Plan of the Swedish Cabinet is an example of “good practice” that contains the most important directives of the Council of Europe, the European Union and the European Parliament. The article defines the key points of the Action Plan and these analyses present the guidelines for the creation of the Serbian Strategy for Combating Family Violence.
Evropsko zakonodavstvo, 2010 10(31-32):151-163
Sažetak ▼
In order to profit from the services provided to customers, the owners of Internet sites often rent space on those sites to a number of interested persons or companies for advertising. Rising of manipulation with “Pay-per-Click” advertising threw its abuse as spouted on the Internet. The essence of this manipulation lies in the fact that payments to the owner of the website on whose pages ads are published are calculated according to the number of user visits, which, in fact, were completely artificially generated. Such a fraud is known as the “Click fraud”. The danger that threatens from this type of fraud is great as they may jeopardize the work of many companies whose commercial activities rely on the profits through Internet. Systems for prevention of this type of a fraud are still not sufficiently effective. The number of Internet users in the Republic of Serbia is growing rapidly and it is expected that the number of companies that use Internet to promote their products and services will increase. This type of fraud is a serious threat to the contemporary advertising and because of that fact the author devotes special attention to the effective prevention of this phenomenon in the future.
Spoljna politika
Evropsko zakonodavstvo, 2010 10(31-32):164-170
Sažetak ▼
In this article, the author makes efforts to explain the progress in the European Union foreign policy. The Common Foreign and Security policy is the agreed foreign policy of the European Union (EU) for mainly security and defence diplomacy and actions. The author provides an analysis, which deals only with a specific part of the EU external relations within the context of globalism and characterization of the global development of the EU foreign policy.