Arhiva časopisa Evropsko zakonodavstvo
Evropsko zakonodavstvo Vol. 11 No. 37-38/2011
Evropsko zakonodavstvo, 2011 11(37-38):5-9
Evropsko zakonodavstvo, 2011 11(37-38):9-19
The paper considers the subsidiarity principle through the prism of European integrations, taking into account its theoretical and institutional development. Apart from pointing out the basic principles of subsidiarity as well as the factors that have made it become increasingly present in the EU legislative procedure, the paper observes the very role of subsidiarity in the process of European integrations within different academic approaches, which are related to the complex and diverse nature of this principle.
PREDLOG UREDBE EVROPSKOG PARLAMENTA I SAVJETA O NADLEŽNOSTI, MJERODAVNOM PRAVU, PRIZNANjU I IZVRŠENjU PRESUDA I AUTENTIČNIH INSTRUMENATA U OBLASTI NASLjEĐIVANjA I STVARANjA EVROPSKOG SERTIFIKATA O NASLjEĐIVANjU IZ 2009. GODINE
Evropsko zakonodavstvo, 2011 11(37-38):20-28
This paper addresses the fundamental concepts of the Proposal for a Succession Regulation. Special attention is paid to the novelties in the field of applicable law as well as to the impact of this European legislation proposal on the new private international law of Montenegro and Serbia. It is suggested that the Proposal for a Succession Regulation is very innovative and liberal, its main features shifting from nationality and lex situs towards habitual residence as the most important connecting factor and fostered party autonomy. The new legislation of Montenegro and Serbia are significantly influenced by the Proposal for a Succession Regulation.
REGULISANjE PRIZNANjA ODLUKA U VEZI SA PITANjIMA RODITELjSKE ODGOVORNOSTI U PRAVU EU (po Uredbi br. 2201/2003 – „Brisel bis“)
Evropsko zakonodavstvo, 2011 11(37-38):29-40
Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 shall apply in civil matters relating to divorce, legal separation or marriage annulment and the attribution, exercise, delegation, restriction or termination of parental responsibility. Among other things, this Regulation has the rules on recognition and enforcement of judgments relating to parental responsibility.Also, thisActregulatesthe grounds of non-recognition forjudgments relating to parental responsibility. This Regulation applies from 1 March 2005.
Evropsko zakonodavstvo, 2011 11(37-38):41-56
The authors of the paper analyse the regulation of institutes of responsibility for dishonest conduct of negotiationsin the normative acts of certain countries and they are as follows: Greece, Italy, Poland, Slovenia, the Republic of Bosnia and Herzegovina, Macedonia, Montenegro, Croatia, this also including theArticle 30 of the Law of Contracts andTorts of the Republic of Serbia.The subject of the analysis is also the regulation of behaviour of parties during negotiations established in the court practice and theory of Switzerland, Germany, France and Hungary. The analysis also includes the regulations of the most significant secondary sources of the Contract Law, the regulations of the Principles of European Contract Law (PECL) and of the Common Conceptual Framework (DCFR). A great role in the regulation of pre-contract relationships plays the principle of scruple and honesty and therefore, considerable attention is paid to them in this article.
Evropsko zakonodavstvo, 2011 11(37-38):57-66
Free movement of capital is one of the fundamental freedoms affirmed in the EU Treaties ensuring business continuity and foreign investments.It does not onlymean simple liberalisation of commodity and capital flows, but it involves much broader freedoms and rights including trade in capital services, securities trading, but also free trade in real estate in the areas of different European Union member countries. During the process of accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia, Romania and Bulgaria to this organisation the elimination of all internal legislative and administrative barriers to real estate buying and selling was provided for in the transitional period.Aspecial emphasisin the accession documents was put on free trade in agricultural and forest landsthat for the most part had been owned by the state in the transition period. The specification of the conditionsin the accession documents mentioned above enables harmonisation of legislations of states with EU acquis communautaire, thus contributing to the further development of connections among them and thus, their more rapid integration in the Union internal market.
Evropsko zakonodavstvo, 2011 11(37-38):67-77
The principal focus of modern insolvency legislation and business debt restructuring practices no longer rests on the elimination of insolvent entities, but on the remodelling of the financial and organisational structure of debtors experiencing financial distress so as to permit the rehabilitation and continuation of their business. For private households, it is argued to be insufficient to merely dismiss debts after a certain period. It is important to assess the underlying problems and to minimise the risk of financial distress to re-occur.
Evropsko zakonodavstvo, 2011 11(37-38):78-89
In order to fully ensure repressive state authority and applicability of its laws all over its territory the question concerning the territory on which they can be implemented in contemporary states is of primary significance. This is a very important legal and constitutional question, but also a political one. It entails an international dimension especially in cases when before or after the trial intending to avoid doing of justice a perpetrator of an criminal act deserts the territory of the state where the act has been committed and flees abroad. In such a case, extradition of handing over such persons is applied on the part of foreign states to the states on whose territories they have committed the criminal acts. In order to ensure efficiency and uniformity of acting in this field the European Convention on Extradition with Additional Protocols have been adopted. Our state has also adopted its implementing provisions in the national criminal law and that is the topic of this article
Evropsko zakonodavstvo, 2011 11(37-38):90-95
The European Parliament Resolution (2007/2011 (INI)) on Juvenile delinquency, the Role of Women, the Family and Society is analysed in this paper. The purpose of the Resolution is to find ways for combating juvenile delinquency. However, imprisonment is the last resort in this fight and is imposed only when it is absolutely necessary. The author analyzes the European Union measures for implementation of this resolution, which is based on several principles and they are the following: prevention, extrajudicial and judicial measures and social inclusion of young people, with special emphasis on rehabilitation and resocialization of juvenile offenders. Finally, the importance of this legal act for the process of harmonization of the law of the Republic of Serbia with European Union Law is also pointed out.
Evropsko zakonodavstvo, 2011 11(37-38):96-111
Considering the importance of establishing the comprehensive and effective system of ethical standards in the institution such as the European central bank, the author presents review of the current codes of conduct’s provisions, including some basic principles which make the framework of the rules prescribed in these codes of conduct, beside the fact that these principles are not actually the part of those codes of conduct. Thus, the special attention is paid to the independence, conflict of interests, gifts and honors, additional jobs and activities, confidential information and insider information, in other wordsto the prescribed demands related to those issues − for the members of the Governing Council, members of the Executive Board, as well as for the all employees of the ECB. However, the author analyzesthe system of ECB’s ethicalstandardsin relation to the concept of the independence of this institution. In this respect, the author concludes that the functions conferred to ECB, as well as institutional, legal, personal, functional and financial independence, granted to provide all necessary preconditions for the smooth performing of these functions – derived the demand for establishing the ethical rules and mechanisms as a form of guarantee that staff of this institution, to whom the Eurozone member states delegated the attributes of their monetary sovereignty, will perform their responsible duties honestly, professionally and conscientiously, taking into account the interests of the Eurozone, a not their personal interests.
Evropsko zakonodavstvo, 2011 11(37-38):112-124
The author analyses the design of the normative and institutional framework for responsibility, as a fundamental organising principle of the European Commission and its administration. The analysisfocuses on mechanismsfor the whistleblowing, financial responsibility, as well as for investigation and disciplinary sanction. Reasons of efficiency and utility are most important in citizens’ assessment of the EU successin providing servicesfor better quality of life. Since the effectiveness of any administration heavily depends on the personal performance of its civil servants, enhancing the European civilservants’responsibility became high priority in the aftermath of the 1999 European Commission corruption scandal.Are adopted measures strict enough to prevent emergence of maladministration in the European Commission and its services? What are major obstacles in further promotion of the EU administration’s responsibility?
Ekonomija, konkurencija, potrošači
Evropsko zakonodavstvo, 2011 11(37-38):125-138
In first decade of 21st century Serbia has recorded high growth rates of trade with the EU (exports grew at an average rate of 17.8% and imports 12.6%). In 2011 and so on, significant growth of exports to EU and imports from the EU should be expected. The basic aim of this article is just to present the structure, tendency and perspectives of the external trade data, especially Serbian trade with EU.
Evropsko zakonodavstvo, 2011 11(37-38):139-149
As one of its segments, European Union law in the area of competition policy and market concentration control represents the basis for market concentration control (mergers) in the countries that aspire to become its members. On their path to membership, Serbia and West Balkan countries have already committed themselves to harmonize their legislations with the EU in the area of competition policy since the competition policy is an integral part of the Stabilization and Association Agreement. The main subject of this paper is to analyze the control of market concentration at the EU level and its relevance and interest for Serbia.
Evropsko zakonodavstvo, 2011 11(37-38):150-156
The Commission of the European Communities adopted the Commission Regulation (EC) No 834/2009 of 11 September 2009 implementing the Regulation (EC) No 716/2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates, as regards the quality reports. The objective of this Regulation is to define the quality dimensions applicable to the quality reports according to the necessity to adopt the implementing measures concerning the definition of common quality standards and the contents and periodicity of the quality reports required in the Regulation (EC) No 716/2007 and in particular Article 6(3). Quality reports referred to in Article 6(2) of the Regulation (EC) No 716/2007 shall be drawn up by Member States in accordance with the rules established in the Annex to this Commission Regulation (EC) No 834/2009.
Evropsko zakonodavstvo, 2011 11(37-38):157-166
Taxation of financial services has always represented one of the most complex areasin the implementation of VAT in every individual country. In addition to the traditional methods (addition method, subtraction method and credit method), an interesting approach that could potentially solve all these problems would be the cash flow method. This paper presents its main characteristics.
Evropsko zakonodavstvo, 2011 11(37-38):167-176
The European Commission has just published the 2011 Report on Public Finances in the EMU (12.9.2011). The report observes the recent developments in public finances in the EMU, setting out the evolution of the Member States’ fiscal policies in the wake of the current crisis, analysing new ways of assessing debt sustainability and describing the changes in the EU budgetary surveillance. These reforms put prevention and debt reduction in the focus of the EU budgetary surveillance in an attempt to reflect on the lessons to be learnt from the crisis. The article presents a summary of the Commission’s findings.
Evropsko zakonodavstvo, 2011 11(37-38):177-187
The EU integrated approach to food safety aims to assure a high level of food safety, animal health, animal welfare and plant health in the Union through the implementation of coherent farm-to-table measures and adequate monitoring, while ensuring effective functioning of the internal market. The implementation of this approach involves the development of legislative and other actions to assure effective control systems and evaluate compliance with EU standards in the area. The Commission\'s guiding principle, primarily set out in its White Paper on Food Safety, is to apply an integrated approach from farm to table covering all sectors of the food chain, including feed production, primary production, food processing, and storage, transport and retail sale. The legal framework in the area was set by the Regulation (EC) 178/2002 on general principles and requirements of Law on Food with the aim to provide a coherent approach in the development of food legislation. Also, there are numerous legislative acts on various subjects in the field and they are the following: animal nutrition, labelling and nutrition, biotechnology, novel food, chemical safety, biological safety, official controls, sustainability, food improvement agents.
Evropsko zakonodavstvo, 2011 11(37-38):188-197
The paper deals with the Council Regulation (EC) 510/2006 on the protection of geographical indications and designations of the origin for agricultural products and foodstuffs. This Regulation sets out provisions on agricultural products and foodstuffs (excluding all wine-sector products, except wine vinegar) from a defined geographical area. If there is a link between the characteristics of certain products and their geographical origin, they may qualify for either a protected geographical indication (PGI) or a protected designation of origin (PDO). The use of corresponding EU symbols on the labels of such products provides consumers with clear and concise information of their origin. The introduction of these two terms also benefits the rural economy, since it boosts farmers\' income and maintains the population in less favoured or remote areas. For the purpose of this Regulation “designation of origin” means the name of a region, a specific place, or in exceptional cases, a country, used to describe an agricultural product or foodstuff originating from that region, specific place or country, the quality or characteristics of which are essentially or exclusively due to the particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area. “Geographical indication” means the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff originating from that region, specific place or country, which possesses a specific quality, reputation or other characteristics attributable to that geographical origin, and the production аnd/or processing and/or preparation of which take place in the defined geographical area. Namesthat have become generic, i.e. those that, although linked to the place or region where the product was initially produced or sold, denote the common name of a product in the EU (such as Dijon mustard) may not be registered. Registered names are protected against: any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation” or similar; any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; any other practice liable to mislead the consumer as to the true origin of the product; commercial use of a registered name in respect of products not covered by the registration if they are comparable to the productsregistered under that name or if this use exploits the reputation of the protected name.
Nauka, tehnologija, kultura
Evropsko zakonodavstvo, 2011 11(37-38):198-214
Last year the National Parliament of the Republic of Serbia ratified some important international law acts for the protection of intellectual property – 1973 European Patent Convention. This international act defines the notion, contents, characteristics and role of the European patent and the way, proceedings and conditions of notification and organ system for the protection of the patent. In this way, our state bodies are obliged to adopt new laws for the establishment of European standards in patent law in the law and social system of the Republic of Serbia. In this paper, the author has analysed this European convention, its solutions and the system of international and national patent law protection.
Evropsko zakonodavstvo, 2011 11(37-38):215-224
Particularly in terms of translation requirements, the current European Patent system is very expensive and complex. The European Commission proposes unitary patent protection to boost research and innovation. The Council decision authorising enhanced cooperation in the area of the creation of unitary patent protection is intended to promote scientific and technological advance of the European Union. As a part of the measures to establish the internal market this Council’s decision is made for the purpose of the creation of uniform patent protection. Patent protection throughout the Union is intended to be uniform and to introduce the establishment of centralised Union-wide authorisation, coordination and supervision arrangements.
Zaštita životne sredine, zdravstvo
DIREKTIVA EVROPSKOG PARLAMENTA I SAVETA 2009/41/EC O UPOTREBI GENETSKI MODIFIKOVANIH MIKROORGANIZAMA U ZATVORENIM SISTEMIMA
Evropsko zakonodavstvo, 2011 11(37-38):225-232
Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms, replaces and repeals Directive 90/219/EEC and brings together the original Directive and its successive amendmentsinto a single act. Directive 2009/41/EC establishes minimal standards applicable to the contained use of genetically modified micro-organisms in order to prevent negative consequences on human health and the environment and it is based on the concept of risk assessment and authorization procedure.
Spoljna politika, bezbednost
Evropsko zakonodavstvo, 2011 11(37-38):233-240
Framework Agreement for the participation of Serbia in EU crisis management operations is an agreement that provides the ability to open a new chapter for the participation of Serbia in international peace-making missions. As the European Union that was “a military ant” has grown into an important security factor in the international community and international relations it is clear that some co-operation between Serbia and the EU in this field should be established. This agreement is the basis for such cooperation and this paper will show the contents and significance of the agreement.
IZVEŠTAJ VISOKOG PREDSTAVNIKA EVROPSKOM PARLAMENTU O GLAVNIM VIDOVIMA I OSNOVNIM REŠENjIMA ZAJEDNIČKE SPOLjNE I BEZBEDNOSNE POLITIKE
Evropsko zakonodavstvo, 2011 11(37-38):241-260
This paper analyzestheAnnual Report from the High Representative of the Union for Foreign Affairs and Security Policy to the European Parliament on the main aspects and basic choices of the CFSP. The author tries to identify and describe the following: basic interests, risks and opportunities for cooperation, the greatest achievement and changes in European Union CFSP in the period concerned as well as to explain some specific issues and views, which are also presented in this document. The Report provides an insight into the proclamations of the European Union regarding the most important issues in the field of CFSP and CSDP presented in the name of the political entity with great responsibilities and opportunitiesthat had emerged just prior to the presentation of the document – the High Representative of the Union for Foreign Affairs and Security Policy.
Evropsko zakonodavstvo, 2011 11(37-38):261-270
Certain features such as anonymity of Internet communications, access, free movement of variousfacilities and the like open space for different types of abuse and many dangers that can particularly affect vulnerable children. The increase in criminal activities committed through the Internet require a more effective fight against this form of crime that would result in fewer risk behaviours of Internet users and children in particular as well as in the increased awareness of potential abuses. This problem that has been put in the spotlight of the European and world public opinion in some countriesis a top priority when it comesto computer crime and organized crime in general (for example in France, Great Britain, Germany, USA). This paper discusses the place and role of the European Union in preventing and combating child pornography. In addition, we have analyzed the most important decisions of the European Union in this field as well as their importance in detecting, preventing and combating this type of crime. It is also shown how the provisions of the Criminal Code of Serbia have been brought into line with international norms and standards in this field.
Evropsko zakonodavstvo, 2011 11(37-38):271-281
All existing applications on social network sites are intended to facilitate means of communication and as it is the case with some form of social prosthetics this raises a lot of questions. At this moment, the protection of privacy and personal data and their distribution is the question that is crucial for Serbia (and the world) since no adequate protection has been established in that field, this concerning everyone who publishes this kind of information online. For that kind of problem, we should just consider the sites of Serbian companies, which fail to protect their information and by that, they facilitate perpetrators in many ways in obtaining very personal and other valuable data from the Internet pages offering information on their employees. If we add to what has been previously said some alternative ways of obtaining information, we can just imagine the dimensions of possible exploiting and types of abuse. It is not hard to hypothesize, given the security measures that administrators of Facebook (or other networks or web 2.0 applications) carry out, that it can be easily exploited in various ways. It is very important to explore the current Serbian legislation dealing with the protection of Internet users, with special emphasis on social networking online, this also including other virtual spaces, which could provide various personal and other data. Every kind of information published on the Internet is irreversibly and permanently archived in the database of Internet Crawlers and in that way, it is accessible to anyone, what creates additional risk to the information owner (or someone close to him).
Evropsko zakonodavstvo, 2011 11(37-38):282-306
The idea on a hearing within reasonable time implies the necessity to achieve balance between expeditious and fair hearing. The right to a hearing within reasonable time as a part ofthe right to a fair hearing is provided by the European Convention on Human Rights and Fundamental Freedoms, Article 6, paragraph 1. The Court makes an assessment of the duration of a hearing since the date the specific state became a member of the Convention, or since the day its citizens could address the Court concerning the alleged violations of the Convention. However, in assessing how reasonable is the time for a hearing the Court will take into account the progress made before the domestic court prior to that date.
EVROPSKO PRAVOSUDNO RASKRŠĆE – ODNOS IZMEĐU EVROPSKOG SUDA PRAVDE I EVROPSKOG SUDA ZA LjUDSKA PRAVA U SVETLU LISABONSKOG UGOVORA
Evropsko zakonodavstvo, 2011 11(37-38):307-317
This article will try to shed some additional light on the possible course the relationship between two busiest international courts in the world these days, the European Court of Justice and the European Court of Human Rights respectively, will take in the near future. Bearing in mind the important changes that have recently occurred in the European legal theatre, what actually involves the entry into force of the Lisbon Treaty and along with it the EU Charter of Fundamental Rights, notwithstanding the possible accession of the European Union to the European Convention on Human Rights, this relationship might pass through a period of considerable transformation. The aim of the paper is to designate ways in which, in the opinion of the author, the relationship might develop itself. He will argue that based on the analysis of the past practice in cases dealing with the interaction of these courts, a consistent line of comity between them is visible. However, the author suggests that this positive relation might be upgraded to an even higher level of cooperation in the future.
Evropsko zakonodavstvo, 2011 11(37-38):318-329
When it comes to the EU accession to the Convention for the Protection of Human Rights and Fundamental Freedoms the article examines to what extent changes introduced under the Treaty of Lisbon do constitute an adequate legal basis for creating a coherent and consistent human rights protection system in Europe. Within that context, a particular emphasis has been placed on a critical analysis of the recently published DraftAgreement on theAccession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms. Although the accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms has been intensively discussed for over thirty years, this issue again gains prominence as the ongoing accession process brings up complex difficultiesinvolved in creating an adequate mechanism.
Evropsko zakonodavstvo, 2011 11(37-38):330-342
Studying the role of The European Investment Bank is important for many reasons. First of all, the status of a full EU member is a foreign policy priority for every Western Balkan country. This paper analyses the European Investment Framework for Western Balkans based on the data from the official website. Also, the paper provides an overview of the major EIB projects in Serbia, which are presented in the tables. Finally, the paper presents a case study of funding of Corridor X in Serbia by EIB.