Arhiva časopisa Evropsko zakonodavstvo


Evropsko zakonodavstvo Vol. 10 No. 33-34/2010

Sadržaj

Predgovor
Redakcija časopisa
Evropsko zakonodavstvo, 2010 10(33-34):5-8

Zakonodavstvo

SARADNjA U OBLASTI PRAVOSUĐA I UNUTRAŠNjIH POSLOVA NA OSNOVU UGOVORA IZ LISABONA
Jelena Ćeranić
Evropsko zakonodavstvo, 2010 10(33-34):9-18
Sažetak ▼
The paper analyses the cooperation in the fields of Justice and Home affairs in the European Union. The Lisbon Treaty introduces a number of significant innovations in these fields. Firstly, the EU has finally been recognised as an international organisation with its own legal status, an apparently technical novelty that could nevertheless contribute significantly to its credibility as a global actor. Furthermore, the Lisbon Treaty has done away with the existing three-pillar structure, with the result that in the future the entire contents of the Treaty establishing the European Community on the Area of Freedom, Security and Justice will be subject to the control of the Court of Justice of the European Communities in Luxembourg. Second, under the terms of the Lisbon Treaty, the ordinary legislative procedure only requires a qualified majority in Council and co-decision with the European Parliament for issues such as the right of asylum, border management and control, visas, immigration, and the like. Nevertheless, unanimity is still necessary for sensitive issues such as passports, identity cards, family law with cross-border implications, and police cooperation. Third, regulatons, directives, decisions and opinions are used as a legal acts in the Area of Freedom, Security and Justice. Fourth, according to the Lisbon Treaty the role of the national parliaments is strengthened especially as regards monitoring of respect for the principle of subsidiary. Fifth, in order to fight against the terrorism and organised crimes the possibility to establish the Europenn Public Prosecutor’s Office is envisaged. Finally, it is important to highlight the creation of a Standing Committee on Internal Security within the Council.
EVROPSKI STANDARDI I NEFORMALNE MERE U MALOLETNIČKOM KRIVIČNOM PRAVU
Dragan Jovašević
Evropsko zakonodavstvo, 2010 10(33-34):19-42
Sažetak ▼
The paper analyses the place, role and significance of international and European standards, this primarily including the implementation of informal measures in juvenile criminal law in the Republic of Serbia. Actually, following the tendencies in a number of international and European documents that have been adopted recently within and under the auspices of the Organization of United Nations (Convention of Rights of the Child) as well as other documents adopted by regional organisations (Council of Europe) in 2005 Serbia adopted a separate Law on Juvenile Offenders and Criminal Protection of Juveniles. In this way, this legal document has comprehensively defined the (material, procedural and executory) legal position of juveniles as offenders and as victims of criminal acts. With this aim our states has codified juvenile criminal law in a similar way as was done in the last few years by some other European states – France, Austria, Germany, Croatia, Macedonia, Bosnia and Herzegovina, etc. This paper presents the characteristics of correction orders as informal measures taken against juvenile offenders, their purpose as well as the conditions and ways they are implemented theoretically and practically.
EVROPSKI IZVEŠTAJ O SAOBRAĆAJNOJ NEZGODI – PETA DIREKTIVA EU O OSIGURANjU OD GRAĐANSKE ODGOVORNOSTI ZA ŠTETE IZ UPOTREBE MOTORNIH VOZILA
Vladimir Čolović
Evropsko zakonodavstvo, 2010 10(33-34):43-51
Sažetak ▼
The Fifth Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 relating to insurance against civil liability in respect of the use of motor vehicles regulates the European Accident Report, a document that in the event of an accident simplifies the procedure of obtaining compensation. The European Accident Report completed and signed by the participants of the accident, and insurance companies accept it as a basis for payment of damages and this act has the same importance as the police report. The Act of the Compulsory Insurance in Traffic of the Republic of Serbia, also, regulates the European Accident Report.
PROTOKOL 14 UZ EVROPSKU KONVENCIJU O LjUDSKIM PRAVIMA I OSNOVNIM SLOBODAMA
Marko Novaković
Evropsko zakonodavstvo, 2010 10(33-34):52-65
Sažetak ▼
By ratifying the Protocol 14 to the European Convention on Human Rights and Fundamental Freedoms by Russia in 2010 as the last member state of the Council of Europe the Protocol has finally come to force making a step forward towards reducing the European Court of Human Rights’ workload. The Protocol 14 introduces some novelties in several fields. It introduces changes concerning the competences of three judge committees, establishes single judge as a new judicial entity and defines a new criterion of admissibility. The changes are also present in friendly settlement as well as in the procedure of execution of judgements. In the paper, the author gives an overview of these novelties considering the possibility for their individual achievement, this also including their individual overall contribution to attaining the purpose for adopting the Protocol 14 as a whole and that is to reduce the Court’s workload and increase the efficiency of its work.

Institucije

KA DALjEM PRODUBLjIVANjU SARADNjE – STVARANjE EVROPSKE DIPLOMATSKE SLUŽBE
Aleksandra Čavoški
Evropsko zakonodavstvo, 2010 10(33-34):66-71
Sažetak ▼
The establishment of the European External Action Service, widely known as the EU’s diplomatic service, has generated much interest since the signing of the Treaty of Lisbon, which provided a legal basis for its creation. As the organisation and functioning of the European External Action Service is within the competence of the Council of the EU, the Council passed the required decision which is analysed in this article. This decision clarified many controversial issues, such as the composition of the Service which should maintain its supranational identity but also ensure adequate geographical and gender balance, as well as the financing of the Service.
LISABONSKI SPORAZUM: INSTITUCIONALNE IZMENE U VEZI EVROPSKOG PARLAMENTA, EVROPSKE KOMISIJE I NAČINA ODLUČIVANjA U SAVETU EU
Nevena Prolović
Evropsko zakonodavstvo, 2010 10(33-34):72-88
Sažetak ▼
The Treaty of Lisbon, as well as The Draft Constitutional Treaty, has been widely discussed under the objectives of the Laeken Declaration, aimed at improving the effectivness, transparency and democratic accountability of the EU. This paper analyses institutional changes introduced by The Treaty, reffered to the European Parliament, the Commission and the Council. Although to different degrees, all these institutions are to be strengthened in their respective position through institutional and procedural innovations. The most extensive innovatios refer to the working of the Council and decision – making process. This process is significantly facilitated, by introducing new voting weight in the Council, as well as the system of double majority. The position of the European Parliament is improved by extending its legislative and budgetary powers and by giving it right to elect the Commission president. Finally, three not unimportant steps are taken regarding the Commission: reducing the number of Commissioners with one third, electing its president by Parliament on a proposal of the Coucil, and giving the Commission President the right to dismiss a single Commissioner. The paper also highlights the new role of National Parliaments in monitoring the EU legislative process.

Ekonomija, konkurencija i preduzetništvo

OBAVEZNO NUTRITIVNO OZNAČAVANjE PROIZVODA U EVROPSKOJ UNIJI
Predrag Bjelić, Duško Bugarski
Evropsko zakonodavstvo, 2010 10(33-34):89-99
Sažetak ▼
Cоnsumers want to be completely informed about the products which they buy on the market since they can choose between several varieties. National economies, especially the developed ones, have passed the regulation on compulsory information which must be found on the product package. One important segment of this product labelling is nutrition labelling which provides consumers with nutritious information about the product. In the USA the nutrition labelling was mandatory while in the EU nutrition labelling was optional. The regulation on nutrition labelling in the EU dates back to 1990 and since then had been amended several times. But due to the customer needs to be better informed about nutritious impact of products, the EU had adopted the proposal of regulation which will make nutrition labelling mandatory. This article will explore all the amendments of the nutrition labelling directive and explain the newly proposed regulation in this area.
GLASANjE AKCIONARA PREKO PUNOMOĆNIKA U KOMUNITARNOM PRAVU
Vuk Radović
Evropsko zakonodavstvo, 2010 10(33-34):100-112
Sažetak ▼
In 2007, the European Community has enacted the Directive on shareholders’ rights. Among many issues covered by this Directive (e.g. information prior to general meeting, right to put items on the agenda and to table draft resolutions, right to ask questions, etc.), European Commission tried to harmonize the area of proxy voting as well. The issue of proxy voting has been particularly interesting and troublesome, because of the diversity in national legal regimes. In this article the author analyzes the content of proxy voting rules contained in the Directive on shareholders’ rights. The topic has been presented by answering seven fundamental questions: who can be a proxy holder, are there limitations in the number of proxies of one shareholder, are there any limitations to the number of shareholders that can be represented by a single proxy holder, whether it is allowed to restrict shareholders’ right to vote via proxy, what are the obligations of the proxy holder in case of voting instructions and are there formalities for proxy holder appointment, notification and revocation. For each of these questions it is analyzed whether Serbian regulation of proxy voting contained in the Law on business organizations is in accordance with community law, and in what direction it can be improved.

Finansije

PREDLOG NOVIH MERA ZAŠTITE POTROŠAČA U POGLEDU FINANSIJSKIH USLUGA
Tatjana Jovanić
Evropsko zakonodavstvo, 2010 10(33-34):113-120
Sažetak ▼
This article examines the Commission’s proposals on new measures of consumer protection in financial services. In order to further improve protection of users of retail financial services, including retail investors, the European Commission has announced changes to existing European rules on July 12, 2010 (IP/10/918). The review is in line with the Commission Communication of 4 March 2009 “Driving European recovery” and the more recent Commission Communication of 2 June 2010 on “Regulating Financial Services for Sustainable Growth”, striving to address loopholes in the regulatory and supervisory system and reinforce the protection of users of financial services. Most among suggested improvements related to deposit guarantee and investor compensation schemes could become effective by 2012 and 2013.
EU DIREKTIVE O OPOREZIVANjU KAMATE
Hasiba Hrustić
Evropsko zakonodavstvo, 2010 10(33-34):121-131
Sažetak ▼
In the absence of any coordination of national tax systems for taxation of savings income in the form of interest payments, particularly as far as the treatment of interest received by non-residents is concerned, residents of Member States were often able to avoid any form of taxation in their Member State of residence on interest they receive in another Member State. The ultimate aim of Council Directive on taxation of savings income in the form of interest payments made in one Member State to beneficial owners who are individuals resident in another Member State is to enable to be made subject to taxation of the latter Member State. In a Single Market having the characteristics of a domestic market, transactions between companies of different Member States should not be subject to less favourable tax conditions than those applicable to the same transactions carried out between companies of the same Member State. Therefore, EU Council has adopted Directive on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States. Interest or royalty payments made between associated companies of different Member States but arising in a Member State shall be exempt from any taxes imposed on those payments in that State.
PORESKI ASPEKTI SLOBODE KRETANjA LjUDI U EVROPSKOJ UNIJI
Mile Vranješ
Evropsko zakonodavstvo, 2010 10(33-34):132-143
Sažetak ▼
The analysis that has been done shows that EU citizens have at their disposal two legal means in preventing unequal treatment concerning freedom of movement of people on the territory of EU member states. These are as follows: 1) the EC Treaty that normatively regulates the citizenship principle, this including prohibition of discrimination of nationals of other EU member states (open discrimination), and 2) EU Court judgements prohibiting discrimination on the part of an EU member country of residents (and not only nationals of other EU member countries (prevention of hidden discrimination). This is of special significance for taxation since residence is crucial for defining the personal scope of tax obligation. These two legal means enable broader legal protection in tax matters, making possible the removal of tax barriers in the field of freedom of movement of people on the territory of EU member countries.
PRAVNA PRIRODA I POLOŽAJ EVROPSKE CENTRALNE BANKE
Kristina Obradović
Evropsko zakonodavstvo, 2010 10(33-34):144-161
Sažetak ▼
Tending to analyze the legal nature and status of the European central bank, author, first of all, takes into account the provisions of the Treaty on European Union and the clarifications which were made by the Treaty of Lisbon, in respect of this legal nature and status. However, refusing to keep this consideration on the level of terminology debate, author is trying to determinate the attributes of a legal personality or, in other words, the legal capacity of the European central bank – making an analogy with the legal capacity of an international organization. Thus, the special attention is paid to the contractual capacity of the European central bank, its privileges and immunities, its territorial and personal jurisdiction, international relations into which it enters, its capability to make actions in the legal proceedings, as well as to liability of the ECB. Having in mind considerations mentioned above, the author concludes that the European central bank is legal person, with full legal capacity on the territories of the EU member states; that it has a capability of entering into the international contracts and into relations with the subjects of international law; that privileges and immunities, similar as the ones granted to an international organization, are granted to the ECB as well; that it is liable for damage caused by its decision-making bodies or by its servants in the performance of their duties; and finally, that it has capability to sue and to be sued.
EVROPSKI STANDARDI O DODATNIM FINANSIJSKIM SREDSTVIMA OBEZBEĐENjA
Duško Dimitrijević
Evropsko zakonodavstvo, 2010 10(33-34):162-170
Sažetak ▼
In this paper, the author analyses additional financial collateral in the EU. In that sense, he makes legal interpretations of the contents of the Directive 2002/47 of the European Parliament and of the Council on additional financial collateral (Directive 2002/477EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements) as the main instrument for limiting systemic risk inherent in the regime of international money payments. By adopting this document the EU authorised bodies set common rules on additional financial collateral which enables the application of a rapid, informal, and cheap enforcement procedure with the aim of ensuring financial stability. According to the author, a simple implementation procedure for the application of additional financial collateral arrangements ensures regular business with insolvent undertakings that are in the process of liquidation or reorganisation. This contributes to conducting of more efficient cross-border trade and achieving of the freedom of movement of capital and services in the EU market.

Poljoprivreda

AGRARNA I POLITIKA REGIONALNOG RAZVOJA EVROPSKE UNIJE
Željko Dragojević
Evropsko zakonodavstvo, 2010 10(33-34):171-183
Sažetak ▼
The study “Agricultural and Policy of Regional Development in European Union” is composed according to the methodology and programs which are taught at prestigious universities in Europe. Agricultural and in part complementary Policy of regional development, are of the vital importance for the overall economic policy of European Union. Study has macroeconomic aspects and can be utilized for the certain goals of economic policy like growth, development and employment, but also for business strategy and entrepreneurs as well. In the first part, attention is aimed at organizational principles of the EU in the running of Agricultural Policy. In the second part, it elaborates multilateral policy of EU within WTO. Considers issues of export competition and market access. It stresses possibilities of using funds of EAFRD, as a potential chance for domestic agriculture. Another part of the study, refers to the Policy of Regional Development in EU. In a comprehensive manner outlines objectives of the EIB and IPA program.It should be put into function convergence toward the EU, development and employment growth in Serbia.

Zajednička spoljna i bezbednosna politika

SPOLjNA I BEZBEDNOSNA POLITIKA EVROPSKE UNIJE PREMA SPORAZUMU IZ LISABONA
Vladimir Trapara
Evropsko zakonodavstvo, 2010 10(33-34):184-191
Sažetak ▼
The author analyses provisions related to Common Foreign and Security Policy of the European Union, as they are adopted in the Treaty of Lisbon, and compares them to the previous level of CFSP development. The accent is on the role of High Representative of the Union for Foreign Affairs and Security Policy. The third part of this article is about implications of the Treaty of Lisbon changes in CFSP for Serbia and its potential membership in the EU, regarding the problem of Kosovo.
ODLUKA SAVETA EVROPSKE UNIJE O PROŠIRENjU NA ZAPADNI BALKAN
Aleksandar Jazić, Dragan Đukanović
Evropsko zakonodavstvo, 2010 10(33-34):192-201
Sažetak ▼
The countries of the Western Balkans are going through the process of EU accession, which means that certain requirements have to be met. In accordance with the standards and principles of the EU, each country of the region has to fulfill the obligations taken upon itself. These countries have major problems in economy and the rule of law. In the same manner, bilateral issues make their mutual relations even worse. The European Union is expecting more engagement when it comes to minorities and free media. The countries of the Western Balkans are also expected to reform their political, economic and legal systems, which will lead to their stability. In this manner, the precondition of their accession to the EU would be fulfilled. Regional cooperation development in all fields as well as the strengthening of civil society can make the necessary reforms easier and accelerate the EU accession process. As for the European integrations, the countries of this region have made significant results in this field. However, more efforts have to be made to finish these processes.
POLITIČKE POSLEDICE PROŠIRENjA EU NA EVROINTEGRACIJE ZEMALjA KANDIDATA I POTENCIJALNIH KANDIDATA
Irina Žarin
Evropsko zakonodavstvo, 2010 10(33-34):202-212
Sažetak ▼
Lead by the example of the least prepared states for EU accession, the member states have decided by consensus to stricten conditionality policy, the most important element of the EUs enlargement policy. Introduction of a rigorous but fair approach to European integration of the potential and candidate states is a consequence of circumstances that have influenced the change of rethinking the EUs foreign policy course. Economic crisis, domestic political upturns and insufficiently successful absorption of new member states has resulted with a debate on enlargement saturation and generally influenced the slow down of enlargement process. In such circumstances a great deal of attention has been devoted to the analysis of the scope of consequences of a new policy and process of EU enlargement.
OPERACIJA „ATALANTA“ – ANGAŽOVANjE POMORSKIH SNAGA EU U BORBI PROTIV SOMALIJSKIH PIRATA
Ratko M. Vukanić
Evropsko zakonodavstvo, 2010 10(33-34):213-233
Sažetak ▼
The piracy off the Somali coats is serious security threat for Somalia and the region, a security risk for the EU, and a challenge for the global security. In order to protect its economic interests, implement its Security Strategy and act as a stakeholder of global security, the EU launched military operation to combat piracy off Somali coast, the first naval operation in its history. The subject of this paper includes launching and duration of EU naval operation until july 2010. The objectives of the paper are scientific description and explanation of reasons for deploying EU naval force, and frameworks, tasks, elements and effects of the EU naval operation. Main hypothesis of this paper is that the Operation “Atalanta” was launched in order to combat Somali pirates only at sea, with focus on the Gulf of Aden. The issues, presented in seven chapters of this paper, are: reasons for launching the operation, its frameworks, tasks and elements, agreements with African states, necessary for deploying the EU naval force, contributions of the third states to EU naval forces, cooperation between EU forces and other forces in the region, and the effects of the operation.

Sudska praksa

DIREKTNA HORIZONTALNA PRIMENA DIREKTIVE I OPŠTEG PRINCIPA ZABRANE STAROSNE DISKRIMINACIJE ― SLUČAJ Mangold vs. Helm (2005)
Žaklina Novičić
Evropsko zakonodavstvo, 2010 10(33-34):234-245
Sažetak ▼
The article deals with the ruling of the European Court of Justice in Mangold case (2005). Although this proceeding has been concerned with an employment issues between private parties – German citizens, ECJ have based its jurisdiction on a general principle of anti-discrimination based on age, which was embodied by the Council directive on equal treatment (2000). However, the period prescribed for the implementation of the Directive into domestic law had not expired neither when the decision was handed down nor when the contested employment contract was concluded. With Manglod ruling, ECJ have de facto confirmed direct horizontal effect of a directive and a general principle in the Member State. Critics of the Mangold ruling said that ECJ went beyond its competences in a new way, which ultimately represents just another way for bypassing the doctrine of horizontal application, this time in the field of employment which is mainly in the competences of Member States.
PREISPITIVANjE ULTRA VIRES AKTA EVROPSKOG SUDA PRAVDE – SLUČAJ Mangold/Honeywell (2010) PRED NEMAČKIM SAVEZNIM USTAVNIM SUDOM
Žaklina Novičić
Evropsko zakonodavstvo, 2010 10(33-34):246-274
Sažetak ▼
German Federal Constitutional Court (FCC) published its long awaited decision in highly controversial Honeywell case (26.08.2010). The case concerned the question whether the European Court of Justice (ECJ) went beyond its competences in Mangold case (22.11.2005) and whether the FCC should, therefore, declares that the said decision of ECJ is an ultra vires act. The FCC confirmed a Mangold ruling by the ECJ, but also once again confirmed that it has the final say when it comes to ruling upon ultra vires acts of EU institutions.

Državna praksa

EVROPSKA POVELJA O LOKALNOJ SAMOUPRAVI I NJENA PRIMJENA U BOSNI I HERCEGOVINI
Muhamed Mujakić
Evropsko zakonodavstvo, 2010 10(33-34):275-282
Sažetak ▼
Local self-government is an undeniable value and a and a component of every modern and democratic political system. The most important legal document regulating this matter is the European Charter on local self- government which was ratified by Bosnia and Herzegovina in 1994. Local self- government is often defined as a right and capability of the local self-government units to regulate and manage certain public affairs on its own responsibility and in the best interest of local population. Contrary to the state administration, with which the issues of local self- government are often compared and which is characterized by hyerarchical relations and centralization, main characteristics of local self-government are authonomy and independence, decentralization and democratization. Behind the acts of public (state) administration are obligations and compulsion, behind the acts of local self-government there is often freewillingness. The laws which regulate local self-government exist on cantonal and entity, but rather not on the state level.