Arhiva časopisa Evropsko zakonodavstvo


Evropsko zakonodavstvo Vol. 17 No. 56-57/2016

Sadržaj

Predgovor
Redakcija časopisa
Evropsko zakonodavstvo, 2016 16(56-57):7-8

Opšta pitanja

LOBIRANjE U PREGOVORIMA O PRISTUPANjU EVROPSKOJ UNIJI
Nenad A. Vasić, Duško Dimitrijević
Evropsko zakonodavstvo, 2016 16(56-57):9-20
Sažetak ▼
Lobbying for accession to the EU is an important factor in the negotiation process for all candidate countries because it allows more effective adoption, implementation and enforcement of European legislation (acquis communautaire). Since the negotiation process on accession to the European Union takes place in the framework of intergovernmental conferences, lobbying within the institutions of the European Union has a special significance in the opening and closing of all 35 negotiating chapters. As is known, the European Council made on 28 June 2013, the decision to open accession negotiations with the Republic Serbia. The negotiation process for accession to the EU officially started in Brussels on 21 January 2014. With the opening of chapter 24 relating to the sensitive area of justice, freedom and security, Serbia has made significant progress in harmonizing national legislation with European Union law. Within the obligations that were taken by this chapter, is inter alia, the adoption of regulations on the organization and carrying out lobbying activities. With their implementation, Serbia will demonstrate its commitment to the whole accession process integrations in the European Union.

Institucije

POSEBAN STATUS VELIKE BRITANIJE UNUTAR EVROPSKE UNIJE
Slobodan Zečević
Evropsko zakonodavstvo, 2016 16(56-57):21-33
Sažetak ▼
On the European Council meeting of 16 February 2016, the British Prime Minister David Cameron obtained a “special status” for the United Kingdom in the European Union. About a further EU membership, the British voters will decide in a referendum scheduled for 23 June 2016. The “special status” implies that the provision of the treaty of the European Union about “as close as possible Union among member states” in future will not be applicable to the UK, but that also include the right for the British government to apply a discriminatory measures in the field of social care between newly arrived European and British workers. Great Britain did not get a right to veto the decision of ministers of finance of the euro zone. The UK government aims to achieve a maximum benefit, but at the same time to participate less in the integration process in the European Union. Thereby the British impede a progress towards greater unity and solidarity in the European Union, which is obviously necessary to respond to the challenges of the globalized world (economic crisis, migrations)
KOMITET REGIONA – DEMOKRATSKA SNAGA EVROPSKE UNIJE
Bojan Milisavljević, Marko Stanković
Evropsko zakonodavstvo, 2016 16(56-57):34-42
Sažetak ▼
The paper analyzes the Committee of the Regions in the context of the democratization of the entire European Union. First, it points to the need for convergence of the Union institutions to the citizens, and then it continues to stress the importance of the establishment of the CoR and especially considers its relationship with other bodies of the European Union. Special attention will be paid to the evolution of competencies that accompanied this body from the founding of the Treaty of Maastricht, to the last institutional reform contained in the Treaty of Lisbon. It emphasized the organizational structure of the CoR, which is specific and processed the most important actors within this body. Particular attention is given to the impact that the CoR has on the decision-making process in the areas where it is required its participation in procedures and cooperation with other bodies. It points to the existence of differences in relation to the Economic and Social Committee and provides a brief overview of their activities. It especially highlighted the cooperation with other similar bodies, particularly with the Congress of Local and Regional Authorities of the Council of Europe, where a coordinated action is obvious.
PROBLEM DEMOKRATSKOG DEFICITA U POLITIČKOM SISTEMU EVROPSKE UNIJE
Tomo V. Odalović, Nebojša D. Jerinić
Evropsko zakonodavstvo, 2016 16(56-57):43-53
Sažetak ▼
In modern society, the sovereignty of the people is expressed through elected representatives indirectly and not by direct voting on certain issues. Viewing and understanding democracy in this way can raise questions whether the mechanisms which ensure that decisions come from the national representatives, authentically correspond to the general will of the people. The problem regarding the restriction of democratic structure can also meet other difficulties, as critics suggest, political democracy is useless if it does not join power in other spheres, especially in the field of political economy. The democratic deficit of the European Union is conditioned by many aspects. Firstly, it expresses the dilemma regarding the methods the EU institutions use to express the general will of the people of the Member States, in relation to the motives for the integration. Secondly, the democratic deficit can be seen as a consequence of the comprehensive law, which can be applied in uneven democratic conditions and differently developed democratic institutions of the EU Member States. Thirdly, the democratic deficit is conditioned by many legal and technical issues arising from the nature of the community law, formed in cooperation between different civil and common law institutions and systems. Furthermore, the democratic deficit can be caused by the high degree of the EU bureaucracy and, especially, the role of the European Commission. The concept of direct democracy could reduce the differences that separate the EU institutions and the public perception of the European politics, however, significant changes cannot be achieved without the active participation of well-informed citizens who are willing to take the time to engage in future of the EU policy-making processes. One of the most important goals of the Lisbon Treaty was making the European Union more democratic, effective and transparent. The standards are certainly raised in terms of democratic accountability by strengthening the role of the European Parliament and the national parliaments and by establishing new mechanisms such as citizens’ initiatives, Spitzenkandidaten process, the Principle of subsidiarity and many others. Indeed, a democratic society grounded in the rule of law can provide the essential environment within which the right balance between diversity and unity can be achieved. However, critics may argue whether it is possible to make a distinct separation of jurisdictions, legal certainty and equality before the law in the sui generis organization such as the European Union.

Zakonodavstvo

USLOVNA OSUDA U PRAVU REPUBLIKE SRBIJE I EVROPSKI STANDARDI
Dragan Jovašević
Evropsko zakonodavstvo, 2016 16(56-57):54-71
Sažetak ▼
On the basis of the accepted international standards contained in numerous documents of international organizations of a regional character (the Council of Europe, the European Union, etc.), the Republic of Serbia has with its new Criminal Code of 2005 and other supplementary legislation defined the terms, conditions for application, the manner of execution and other issues for the convicted offender to stay on freedom and supervision over his behavior, life and work. Although the sentence of imprisonment (deprivation of liberty) is the basic and the most important type of criminal sanction in our country, it does not need to be executed, to a greater or lesser extent, in institutional terms, but it is possible while the offender is free. The paper analyzes the application of European standards for supervision of convicted offenders on the probation and their implementation in the criminal legislation of Serbia with the theoretical and practical aspects.
PRITVOR U KRIVIČNOPROCESNOM ZAKONODAVSTVU REPUBLIKE SRBIJE, MEĐUNARODNI STANDARDI I PRAKSA EVROPSKOG SUDA ZA LjUDSKA PRAVA
Jelena Matijašević-Obradović
Evropsko zakonodavstvo, 2016 16(56-57):72-83
Sažetak ▼
Detention is the strictest of all the measures envisaged to ensure the presence of the defendant and for the smooth conduct of criminal proceedings, whose essence is the deprivation of liberty of movement on the basis of a court decision, when the legal conditions are met. International standards, in the first place the provisions of Article 9 of the International Covenant on Civil and Political Rights, as well as article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, are crucial in the field of determining and duration of detention for the criminal procedural legislation of Serbia. Basing the solutions on international standards, the Code of Criminal Procedure regulates comprehensively and accurately determines the duration of detention, and in the first place, the question of the reasons for detention. With this approach, the current Code of Criminal Procedure complements the provisions on detention and define its proper place in the system of measures to ensure the presence of the defendant and for the smooth conduct of criminal proceedings.
USKLAĐIVANjE PROCESNIH PRAVA MALOLETNIH UČINILACA KRIVIČNIH DELA SA STANDARDIMA EVROPSKE UNIJE
Žarko Radić
Evropsko zakonodavstvo, 2016 16(56-57):84-111
Sažetak ▼
The European Union Agenda on Procedural Safeguards for Suspects or Accused Persons – Strengthening the Foundation of the European Area of Criminal Justice – initially comprised three Directives of the European Parliament and the Council of the European Union: Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings, Directive 2012/13/EU on the right to information in criminal proceedings and Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty. However, on 27 November 2013, the European Commission published a package of new measures relating to procedural safeguards in criminal proceedings. This package included three proposals of directives, and it resulted in Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. In the paper, the author applies the dogmatic and the normative method to analyze the measure (Directive) of the European Union that lays down common minimum rules concerning certain rights of children who are: (a) suspects or accused persons in criminal proceedings; or (b) subject to European arrest warrant proceedings pursuant to Framework Decision 2002/584/JHA (requested persons). At the end of the paper, the author considers the importance of the studied Directive for the Republic of Serbia and its road to membership in the European Union. He concludes that the incorporation of the procedural rights this Directive applies to, in the legislation of the Republic of Serbia would imply that these rights are guaranteed not only by the provisions of the Special Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union, but also by the provisions of the Criminal Procedure Code, the Law on Juvenile Criminal Offenders and Criminal Law Protection of Juveniles, as well as by the provisions of the Misdemeanour Law.
OBELEŽJA JAVNOBELEŽNIČKOG POSTUPKA
Milena Trgovčević Prokić
Evropsko zakonodavstvo, 2016 16(56-57):112-124
Sažetak ▼
The public notary procedure is an indisputable part of extra-judicial procedures designed to ensure the protection of the legal interests of citizens and prevent any arising disputes. The notary’s procedure is the \"entrance\" to the civil court proceedings because it reduces the occurrence of disputes. It has a protective and supportive role of the relations that legal and natural persons enter, which are aimed at the establishment, modification or termination of civil rights and obligations. Its role is protectionist since it contributes to the protection of civil relationships involving private and commercial relations. The notary’s procedure ensures that the relations of the parties are settled so that in the future there would be no dispute, while the notary’s document provides the protection of the rights of a particular legal interest of the parties. Subjects of public notary proceedings are the public notary, parties, witnesses and auxiliary persons. The term party should be regarded as a person participating in the proceedings on the basis of their rights or their legally protected interest, in the broad sense that would be all the persons who directly or indirectly take certain procedural steps in the notary public process, and for the protection of the rights of the subjects. The notary public procedure recognizes three kinds of witnesses: witnesses who testify about legally relevant facts and circumstances, witnesses of identity and witnesses of acts. The law stipulates that the witnesses of identity and witnesses represent a condition for the legal effect of a single notary’s document. If these witnesses do not attend the drafting of notary documents, that is if they have not attended the procedure of the drafting of the notary documents, or they are persons who could not be witnesses, the notary document shall be null and void. The notary laws provide the opportunity for persons who do not know the language of the country, as well as persons who deaf, dumb, or deaf-mute, or who have another disability as well as to illiterate persons to participate in the proceedings, and for these reasons the laws provide for the presence of persons who can help them draft a document. These are a translator and interpreter, or a trusted person who is able to explain the entire contents of documents to the affected party, in this case of a person who has a lack of a sense.are

Ekonomija, konkurencija, preduzetništvo

EKONOMSKI ASPEKTI SPREČAVANjA PRANjA NOVCA
Pero Petrović, Marina Protić
Evropsko zakonodavstvo, 2016 16(56-57):125-140
Sažetak ▼
Money laundering is the legalization of funds raised through criminal activities or financial transactions in order to disguise their origin. Participants in money laundering generally use a variety of financial transactions to disguise the true origin of the money with the aim to ensure their illegally acquired capital. The money that comes from illegal flows is often \"laundered\", and as such, it is frequently used in commercial and financial transactions, as well as for investment in the financial markets. Money laundering in Serbia, unfortunately, becomes more frequent and appears in many modalities. Basic modalities include: exchange or sale of assets raised from the performance of illegal activities; concealing the illegal origin of the money; concealment of assets acquired by unlawful activities (for example, during the ownership transformation and privatization of companies, i.e. illegal ownership transformation of social and state capital). In the present paper, we have reviewed the economic aspects of the prevention of money laundering and European standards in this area.
USKLAĐENOST PRAVA ZAŠTITE POTROŠAČA REPUBLIKE SRBIJE I BOSNE I HERCEGOVINE SA PRAVOM EVROPSKE UNIJE
Marijana Dukić Mijatović, Emir Sudžuka
Evropsko zakonodavstvo, 2016 16(56-57):142-158
Sažetak ▼
This paper analyzes the relevant legislation in the field of consumer protection in the European Union and gives a comparative analysis of the legislation of the Republic of Serbia and Bosnia and Herzegovina on their path to the European Union. All member states, as well as candidate countries or potential candidates for EU membership, have to introduce into the national legislation the adequate standards of consumer protection regulated by primary and secondary EU legislation. The Republic of Serbia and Bosnia and Herzegovina have introduced the specific legislation regulating this area, making it separated from the lex generalis regulations of the Law of Obligations, which indicates the importance of this area and the need for reform of the most important legislation in the field of contractual relations, the Obligations Act from 1978, which must be adapted to new social trends, and regional and universal integration processes and among other important provisions it should improve the standards of consumer rights protection.
EVROPSKI OKVIR STRATEGIJE RAZVOJA TRŽIŠTA POŠTANSKIH USLUGA
Olja Jovičić, Spasenija Ožegović, Dragana Šarac
Evropsko zakonodavstvo, 2016 16(56-57):159-175
Sažetak ▼
The governments of the state members of the European Union, as well as the governments of Pre-accession countries, are faced with the necessity of creating the sound postal legislative foundation that would enable development of the competitive postal market with efficient and profitable postal services. There is a growing and recognisable need for a new regulation built on the strengths of advanced business models that will be able to meet the legitimate needs of governments, agencies and operators, offering the best legal framework, developing safe and secure commerce and communication for the benefit of all the stakeholders in the postal sector as well as for the citizens.

Finansije

ULOGA EVROPSKE CENTRALNE BANKE U NADZORU NAD FINANSIJSKIM SISTEMOM
Milenko Dželatović
Evropsko zakonodavstvo, 2016 16(56-57):176-186
Sažetak ▼
The author of this paper tries to give an explication of the role of the European Central Bank and its activities over the financial system. At the EU level there are currently three different supervisory systems in the financial market: (1) the single supervision model; (2) the model par objectives; (3) the model par actives; Former principle of that control is exercised by the country of origin, even when the financial intermediary shall perform the duties of another country, proved to be inefficient due to the frequent inability to embrace the business of financial intermediaries. Achieving high levels of compliance is an essential precondition for the creation of an integrated market in which the same conditions apply to all financial intermediaries and providing an adequate level of investor protection. The European Central Bank is currently the only institution at EU level that could supervise the entire financial sector or, at least, the supervision of banks. It is believed that the introduction of the single currency, in the absence of a single institutional framework for the supervision of the financial system reduces the level of protection. It especially reduces efficacy in preventing financial crises and mechanism of its solving. Given the current situation in the European financial market, where the number of crossborder financial conglomerates on the rise, the principle of control by the country of origin seems inadequate. The link between monetary policy and financial sector supervision is evident by looking at the composition of the ECB Executive Board, which consists of the governors of the central banks of member countries.
REFORMA PORESKOG ZAKONODAVSTVA U PROCESU PRIBLIŽAVANjA EVROPSKOJ UNIJI
Vladimir Jovanović, Vuk Raičević
Evropsko zakonodavstvo, 2016 16(56-57):187-199
Sažetak ▼
Since the literature finds low tax rates and tax incentives to be a significant factor in making an investment location decision, a growing number of countries use fiscal incentives for attracting multinational companies. Serbia as a transition country and undergoing the process of accession to the EU is forced to pay particular attention to competitiveness as the central issue in creating the policy of economic growth and development. Serbia has signed the treaty of accession and so far has carried out significant tax reforms in order to build a fiscal system in accordance with solutions of the EU member states and under the influence of the EU legislation. As far as indirect taxes in Serbia are concerned, Serbia’s VAT Law has been significantly amended in order to adjust it to the EU legislation, while excise duties remain to be considerably adjusted to the EU legislation. Member states are free to design their direct tax systems as long as the national tax rules do not give rise to incoherent tax treatment when applied in a cross-border context. Amendments to Serbia’s Corporate Profit Tax Law have adjusted national rules with the relevant EU legislation. Serbia has a high share of revenues from indirect taxes and social contributions, which is typical of the newer member states generally, while the EU-15 member states raise roughly equal shares from indirect taxes, direct taxes and social contributions. Taxation policy is rather challenging in the developing countries as governments are required to balance the demand for the necessary revenues, while at the same time establishing the business environment and providing the necessary investments without unnecessary tax burdens.
LIKVIDACIJA (STEČAJ) OSIGURAVAJUĆIH DRUŠTAVA PO ODREDBAMA UREDBE „SOLVENTNOST II“
Vladimir Čolović
Evropsko zakonodavstvo, 2016 16(56-57):200-213
Sažetak ▼
Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance, which is better known as Directive \"Solvency II\" began to be applied after a series of delays, from 1 January 2016. Otherwise, this matter was previously regulated by Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganization and winding-up of insurance undertakings. Directive \"Solvency II\" regulates, primarily, the establishment of insurance companies and companies engaged in re-insurance, supervision of the work of these companies and the reorganization and winding-up of direct insurance companies. This act defines that only the competent authorities of the home Member State shall be entitled to make a decision concerning the opening of winding-up proceedings with regard to an insurance undertaking, including its branches in the other Member States. The decision to open winding-up proceedings with regard to an insurance undertaking, the winding-up proceedings and their effects shall be governed by the law applicable in the home Member State. By the rules of this act, Member States shall ensure that insurance claims take precedence over other claims against the insurance company. Also, every insurance company shall keep at its head office a special register of the assets used to cover the technical provisions calculated and invested in accordance with the law of the home Member State. After the opening of the winding-up proceeding, the competent authorities of the home Member State, the liquidator or any person appointed for that purpose by the competent authorities shall, without delay individually inform by written notice each known creditor whose habitual residence, domicile or head office is situated in another Member State. Also, Directive \"Solvency II\" regulates right to lodge claims (any creditor, whose habitual residence, domicile or head office is situated in a Member State other than the home Member State shall have the right to lodge claims or to submit written observations relating to claims), withdrawal of the authorization to the insurance company and some common provisions for the reorganization and winding-up. In Serbia, the same legal act is governing bankruptcy and liquidation of banks and insurance companies - Act on Bankruptcy and Liquidation of Banks and Insurance Companies. The author presents the provisions of the Directive \"Solvency II\" and criticizes the method of regulating this matter in Serbia. Criticism of the Serbian legislation on this topic relating to regulation of the role of the Agency for Deposit Insurance in the insolvency (bankruptcy) proceeding of insurance companies and to the regulating of the transfer of the insurance portfolio to another insurance company. Likewise, the author defines the way in which the Directive \"Solvency II\" can affect the insurance market in Serbia.
FINANSIJSKA PODRŠKA PRI STICANjU AKCIJA U SOPSTVENOM PREDUZEĆU
Dobrica Vesić
Evropsko zakonodavstvo, 2016 16(56-57):214-227
Sažetak ▼
Financial assistance to a company for the purchase of its own shares has been incorporated, for decades, in the Company Law in Serbia. However, the prohibition on financial assistance to a company for the purchase of its shares is an outdated company law concept, which restricts shareholders and directors freedom to manage companies in the most efficient way. Convincing reasons against the prohibition lead to the conclusion that restriction of financial assistance is ‘the wrong answer to the wrong question’, and its abolition should, therefore, be recommended. Such a theoretical position caused implementation of a wide range prohibition, with the existence of a small number of exceptions. Nowadays, continental European law is under attack by the ‘liberalization wave’, which ‘threatens’ to change the attitude towards such financial assistance. After recent changes to the Second Company Law Directive, Serbian law on financial assistance is still harmonized with the EC law, although it is in conflict with new tendencies. The ban of financial assistance was introduced in Serbia under article „loan for shares” and was written under the strong influence of the Second Company Law Directive. The aim of this paper is to question the justifications for the prohibition on the financial assistance, to explore the range of its application and recommended future legislative steps.
FINANSIJSKI LIZING U REPUBLICI SRBIJI I ZEMLjAMA EVROPSKE UNIJE
Igor Prokopović, Maja Subotin
Evropsko zakonodavstvo, 2016 16(56-57):228-246
Sažetak ▼
Leasing business presents a product of modern business praxis and it has an important role in the economic sphere in national economies, but on the international level as well. It is known for the possibility to allow all interested subjects to have an active role on the market, although they do not have enough financial funds. An appearance of leasing contracts has created numerous troubles in its definition, not only because of its similarity with other contracts in merchandise traffic, but also because of the absence of regulation of this issue by many countries. An appearance and development of leasing are linked to America, while the first country in Europe which accepted the leasing business was France, which was then followed by Belgium. Since it presents an extremely efficient way of financing, it’s not surprising why leasing experiences its expansion in transition and developing countries, including Serbia. Because of that, Serbia has standardized this business institute, although for now only financial leasing has been regulated. Financial leasing is precisely one of the most important aspects of financing and encouraging of the economy.
USAGLAŠENOST ZAKONODAVSTVA REPUBLIKE SRBIJE SA PRAVOM EVROPSKE UNIJE U OBLASTI ZAŠTITE EVRA I DRUGIH VALUTA OD KRIVOTVORENjA
Jelena Šuput
Evropsko zakonodavstvo, 2016 16(56-57):247-265
Sažetak ▼
In admission to the membership of the European Union, The Republic of Serbia is obliged to align their national legislation with its acquis. According to the European Commission report on Serbia\'s progress for 2015, our country has not ratified the Geneva Convention of 20 April 1929 for the Suppression of counterfeiting Currency and its Protocol. That Convention is amended and its application is facilitated by the adoption of Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law and replacing Council Framework Decision 2000/383/JHA. Above- mentioned Directive contains provisions that define criminal offenses related to counterfeiting of the euro, provided the liability of legal persons for these offenses, criminal sanction extends to natural and legal persons, the jurisdiction of courts and the special investigative tools in a criminal proceeding. Therefore, the subject of analysis in this paper will be the compliance of the provisions of the Criminal Code, Criminal Procedure Code and the Law on liability of legal persons for criminal acts with the Directive on the protection of the euro and other currencies against counterfeiting by criminal law. The author of paper will try to give suggestions for the improvement of national legislation in the area of criminal protection of the euro and other currencies from counterfeit.

Spoljna i bezbednosna politika

MESTO I ULOGA FRONTEKS-A U SPROVOĐENjU NOVE POLITIKE GRANIČNE BEZBEDNOSTI EVROPSKE UNIJE
Bojan Janković, Vladimir M. Cvetković
Evropsko zakonodavstvo, 2016 16(56-57):266-276
Sažetak ▼
This paper presents the results of the analysis of the Council Regulation (EC) No 2007/2004 on establishing the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX). Also, the analysis of other regulations that amended the Regulation No 2007/2004 has been completed. The mentioned Regulation was made after the abolition of controls at internal borders of the EU when the Member States remained responsible for the control and surveillance of external borders in accordance with the common rules on standards and procedures for the control of external borders. FRONTEX was established to reinforce the security of external borders of the EU, with the role of coordinating the operational cooperation between the countries. This paper analyses the organization of FRONTEX, and it also presents its role in the implementation and coordination of joint operations, pilot projects, rapid interventions, as well as situations and conditions in which teams of European border guards are to be engaged. It provides a special view regarding the cooperation of FRONTEX with institutions outside the EU relevant to the issues of border security, particularly in those countries that have been identified as sources and transit routes of illegal migration, within the framework of working arrangements concluded with those bodies. FRONTEX has signed such Working Arrangement on establishing operational cooperation with the Ministry of the Interior of the Republic of Serbia. The Organizational unit of the MoI of the Republic of Serbia that realizes direct cooperation with this agency is the Border Police Directorate. The paper stated that Serbia as a candidate country for membership in the EU is working closely with the mentioned Agency. However, there is still room for improvement in this cooperation. Before its full membership in the EU, Serbia will have to adjust all the procedures in line with standards set by FRONTEX, for which substantial funds will be needed.
EVROPSKE INICIJATIVE U PROCESIMA REŠAVANjE SAVREMENE MAKEDONSKE POLITIČKE KRIZE
Dragan Đukanović, Mitko Arnaudov
Evropsko zakonodavstvo, 2016 16(56-57):277-295
Sažetak ▼
The Republic of Macedonia nowadays is facing the biggest political crisis since its independence. Blockades on its euro-Atlantic path as the consequences of open questions with neighbor states and internal institutional problems are the major points, which draw away this country from the European Union and NATO. Comprehensive internal polarization at the political level is influencing on the marginalization of strategic interests of the Macedonian state. Such conditions create new challenges within Macedonian society. Besides the problems on the interethnic level, Macedonian society is faced with huge economic and social problems. The mentioned combination of problems within Macedonia creates fertile ground for tensions, provocations between different groups of society and security consequences wider in the region. From the other side, lack of appropriate mechanisms by the EU for problems in the Macedonian state additionally complicates political streams and eventual alternatives for solutions. From today\'s point of view, the Republic of Macedonia is at the crossroads with two options: to accelerate the process of finding a solution to the ongoing political crisis and continue on its euro-Atlantic track, or to become an isolated country with third world characteristics, although it is surrounded by member states of the EU and NATO

Socijalna politika

EFEKTIVNOST I EFIKASNOST POLICIJE REPUBLIKE SRBIJE U SUZBIJANjU NARKO KRIMINALITETA
Zdravko Skakavac, Milan Klisarić
Evropsko zakonodavstvo, 2016 16(56-57):296-321
Sažetak ▼
The subject matter of this paper is the effectiveness and efficiency of the Serbian police in combating drug crime, as well as key dimensions of quality of police work. The aim of the paper is to identify and examine the key determinants of the effectiveness and efficiency of the police in combating drug crime, their relations and the basic problems of assessing the effectiveness and efficiency achieved in the long term. The study performed a content analysis of normative and strategic documents of the Government of the Republic of Serbia and statistical analysis of data relating to trends in drug crime of adult and juvenile persons in Serbia in the period 2002–2013, the results of the police in combating drug crime in the period 2009–2014, data on trends in the number of drug addicts in Serbia, trends of increasing the age limit for recruitment of new addicts and other influencing factors. The research results show the existing growth trends of drug crime of adult and juvenile persons, an increase in the number of drug addicts, the expansion of the lower and upper age of drug addicts, and that there are nonlinear and inconsistent increase in the number of seizures of drugs at national level and the successful operation of the detection of illegal drug laboratories and the arrests, insufficient for the long-term effectiveness and efficiency of combating drug crime. Finally, the paper presents recommendations for improving the effectiveness and efficiency of combating drug crime, in particular, the approach of the police and citizens in the local area on the model of Community Policing and establishing an integrated database on the model Intelligence Led Policing.
INKLUZIJA MIGRANATA KROZ SPORTSKE AKTIVNOSTI U EVROPSKOJ UNIJI
Dalibor Kekić, Dane Subošić, Obrad Stevanović
Evropsko zakonodavstvo, 2016 16(56-57):322-331
Sažetak ▼
Inclusion in society is one of the priorities of EU policy. The values in sport are related to equal opportunities and fair play, which are also the European values. Community building and the fight against xenophobia and racism are one of the basic values and benefits of sport, and thus it represents the potential for a significant contribution to the integration of migrants in the EU. Under-representation of migrants and their exclusion from leadership positions in sport, and the lack of progress of minorities in positions in sports clubs and associations is a public secret in European sport. Network inclusion through sport (Sport Inclusion Network – SPIN) is a project designed to promote the inclusion and participation of ethnic minorities, migrants and other third-country nationals (including refugees) through sport across Europe. SPIN project gathers amalgam of experienced national key players in the field of combating intolerance and discrimination in sport, including the organization FairPlay-VIDC, the Italian аssociation \'\'Sport for All\'\' (Unione Italiana Sport per Tutti – CSPI), the Football Association of Ireland – FAI, the Portuguese Union of professional players (SJPF), migrant human rights organization \"Mahatma Gandhi\" from Hungary, multicultural Finnish sports initiative “Liikkukaa” and the German Association “Camino”, which is professionally engaged in the research of sport and youth. As a result of the SPIN project, a guide to good practice was created, which represents a set of examples of how to incorporate migrants into and through sport. This guide aims to promote new ideas on how we need to do in terms of involvement in sport and to facilitate the exchange.

Ekologija

GEOLOŠKO SKLADIŠTENjE UGLjEN-DIOKSIDA I KLIMATSKE PROMENE U PROPISIMA EU I REPUBLIKE SRBIJE
Dragoljub Todić, Ivan Dujić
Evropsko zakonodavstvo, 2016 16(56-57):332-344
Sažetak ▼
Drawing on the importance of climate change policy in the EU, the paper gives an outline of the contents of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006. The focus is on the objectives and the structure of the measures the EU has taken with regard to the use of carbon capture and storage technology. The current state of the use of carbon capture and storage technology, that is, the implementation of the Directive, as well as some open questions have been highlighted. At the end of the paper, there have been given some indications of the relevance of the Directive to the Republic of Serbia (RS), and of the achieved level and the plans for transposition of the Directive.
USKLAĐIVANjA KRIVIČNOPRAVNOG ZAKONODAVSTVA REPUBLIKE SRBIJE SA PRAVOM EVROPSKE UNIJE U OBLASTI ZAŠTITE ŽIVOTNE SREDINE
Željko Bjelajac, Joko Dragojlović
Evropsko zakonodavstvo, 2016 16(56-57):345-359
Sažetak ▼
We live in a time in which there is constant progress in technology that contributes to higher labor productivity and more efficient utilization of existing capacities and natural resources. However, there are also big threats to the environment and that is the main reason why environmental protection recently has been increasingly actualized. Environmental endangerment through the variety of illegal acts is a major problem of modern society. In recent years, criminal – law protection of the environment considerably expanded because the number of acts which it threatens increased several times. In addition, this type of crime is particularly susceptible to the expansive development because of the possibility of achieving high profits with minimal risk of detection and prosecution, especially when it comes to criminal acts with elements of the transnational organized crime. For this reason, the authors will first make a reference to the ecological crime, and then will analyze the regulations of the European Union relating to the criminal law framework for the protection of the environment, as well as national regulations related to that matter. At the end of the paper, the point will be on the importance of establishing European standards in the protection of the environment through criminal law.

Nauka, tehnologija, kultura

INFORMACIONO DRUŠTVO/DRUŠTVO ZNANjA – INSTITUCIONALNI OKVIR I REGULATIVA
Tanja Kaurin, Dragan Anucojić
Evropsko zakonodavstvo, 2016 16(56-57):360-375
Sažetak ▼
The essay deals with systems (terms) of information and knowledge society in terms of their definitions, characteristics, preconditions for development and operation, impact on interstate relations and benefits that realized their use in communities. Basic features include: comprehensiveness of the impact on the social life; widespread use of information and communication technologies, adaptation of legislation; homogenization on the global level; application of knowledge and continuous improvement. The real effects are achieved through complete implementation of the system, starting with planning, implementation and continuous further development. Our intention is to provide an overview of legislation which relates to the subject of work, in Serbia, Croatia, Montenegro, Serbian Republic, as well as the institutional authorities in Serbia. Also, we will present the basic aspects of the international recommendations: standards, strategies, concepts, action plans, etc. Special emphasis is given to the security system in the application of information and communication technology. The essay consists of the following parts: Information, Information Society, Knowledge Society, Knowledge and Education, Institutional frameworks, Legislation in Serbia and Legislation in the environment. In conclusion, it was pointed out that the changes are the main characteristic of the twenty-first century.
PRAVNO REGULISANjE JEDINSTVENOG DIGITALNOG TRŽIŠTA EVROPSKE UNIJE – STANjE I TRENDOVI
Slobodan Jovanović
Evropsko zakonodavstvo, 2016 16(56-57):376-385
Sažetak ▼
In this paper, the author analyzes legal framework for the creation of the EU Digital Single Market according to the current rules and legislative initiatives. As for the extensive IT society legal framework, author limited his study to a few EU regulations. The paper deals with the basic principles of the EU Digital Single Market Strategy in the regulation of the different IT society aspects and some possible changes to the Directive on e-commerce and Directive on privacy and electronic communications. Research results show possible changes in the said directives.

Ljudska prava

PRAVNI ASPEKTI ZAŠTITE LIČNOSTI
Željko Spalević, Žaklina Spalević
Evropsko zakonodavstvo, 2016 16(56-57):386-409
Sažetak ▼
The legal aspects of the protection of persons are presented in this work at the level of international organizations, at the level of modern countries and the countries of our region. The aim of the research refers to scientific knowledge and positive legislation on the subject of research. This work discusses three issues, in other words, it is divided into three parts. In the first part entitled: International legal aspect of figure protection, it provides an overview which refers to the United Nations and the European Union. At the level of the United Nations are shown the Convention on Diplomatic Relations, the Convention on Consular Relations, the Convention on Special Missions, the Convention on the Representation of States in their relations with international organizations of universal character, the Convention on the Prevention and Punishment of Crimes against persons who have international protection, including diplomatic representatives. In the second part entitled: Legal aspect of the figure protection of modern states, is presented legal regulation of the area in Australia and the United States. Finally, in the third section entitled: Legal aspects of the figure protection of some countries in the region, the aspects are presented in Slovenia, Croatia, Serbia, Bosnia and Herzegovina and Montenegro. As noted, the European Union Member States and the laws that govern the protection of figure in these countries are processed, as well as a criminal law framework for the protection of the figure and sanctioning perpetrators of criminal acts who commit against the president or his deputy, government representatives, representatives of foreign countries or international organizations. The affairs of protecting figures and objects in those Member States of the European Union perform the police based on the legal and sub-legal framework. Regulations who govern the categories of persons, organization, tasks, measures, forms and methods of protection are presented. The area of figure protection also is governed by laws and sub-laws in Serbia, Bosnia and Herzegovina and Montenegro. The holder of the protection is the police and the organizational view is given. Protection tasks implement appropriate measures, actions, and levels of protection. The criminal- legal framework for the protection of figures is governed by the laws where perpetrators of criminal acts against representatives of the highest state authorities or institutions and against persons under international, are strictly punished.
EVROPSKA UNIJA PRED SAVETOM UJEDINjENIH NACIJA ZA LjUDSKA PRAVA
Luka Glušac
Evropsko zakonodavstvo, 2016 16(56-57):410-428
Sažetak ▼
This paper presents the activities of the European Union in the United Nations Human Rights Council. The author points out that, despite the well-developed normative framework for foreign policy in the field of human rights, problems typical for EU foreign policy in general, very clearly depict in this field as well. Despite its clear aspirations and some notable success, the European Union failed to take a leading position in the UN Human Rights Council. In order to succeed, the EU must reduce the distance between Brussels, as the center of political decision-making and Geneva, as the main forum for the presentation of respective decisions. A prerequisite of this is a faster internal formulation of a common position, which could then be effectively communicated to other members of the Council. Here, of particular importance is the EU diplomatic structure in Geneva, which continues to be characterized by the resistance of Member States to cede coordination and actual leadership to the EU Delegation. Thus, the EU transmits confusing voices, which greatly reduces its capacity to effectively lobby.
SCENARIJSKI METODI ZA UGROŽAVANjE LjUDSKIH PRAVA
Ljubo Pejanović
Evropsko zakonodavstvo, 2016 16(56-57):429-438
Sažetak ▼
This paper aims to point out to the existence and frequent recourse to the dangerous scenarios by means of which someone is threatened or blackmailed by force or extortion, in order to achieve objectives and interests, whether political, military, economic or another. Scenarios as a method of achieving precisely defined goals and interests are, in fact, a system that includes the state, government representatives, citizens and all the values that are of vital interests of those who had planned to carry out targeted interest. These acts violate human rights and legal norms of the state nation. The range of potential causes, attacks, threats and disorder cause a crisis in a specially selected or a particular country or society with significantly enhanced and linked system to effect the desired result. In order the scenarios to have planned success, often a decision is made to apply the proven methods, through risk assessment, assessment of the result of a threat, vulnerability and sensitivity of the victim, as well as the estimate of the resistance and risk assessment for the performers of scenarios. So, for all these performers of scenarios they do not represent a violation of human rights, and are contrary to all the rights guaranteed to them others must respect.