Latest issue: European Legislation Vol. 24 No. 92/2025
INSTITUCIJE
European Legislation, 2025 24(92):11-18
Abstract ▼
Is France the “economic sick man” of the European Union? Public debt has accumulated over the years, most notably during Emmanuel Macron’s term, and, especially in the context of the coronavirus epidemic, has reached €3,305 billion, or 113% of GDP. The political crisis in France has reached a critical point. The president has one of the lowest levels of voter confidence in the history of the Fifth Republic (only 17% of citizens expressing satisfaction). Prime ministers are changing with remarkable frequency. Sébastien Lecornu will become the fourth prime minister in the past 20 months and the seventh since Emmanuel Macron was elected president of France in 2017. The current situation increasingly resembles the formerly unstable parliamentary Fourth Republic, rather than De Gaulle’s stable and strong presidential Fifth Republic. Is the current situation a regime crisis? Is De Gaulle’s constitutional concept now outdated? Should Emmanuel Macron consider resigning? The author provides appropriate rational explanations for all of the above questions in this paper.
ZAKONODAVSTVO
European Legislation, 2025 24(92):19-46
Abstract ▼
The rule of law in the European Union (EU) today represents one of the fundamental values on which, according to Article 2 of the Treaty on European Union, this supranational organisation is founded. At the same time, the rule of law is also a key criterion and instrument of the EU\'s foreign policy, which is particularly evident in its new methodology for the enlargement process. The analysis examines the evolution of the rule of law, traces the normative and institutional development of this concept across different phases of European integration, and provides an explanation of the mechanisms that the EU has developed to monitor, enhance, and protect the rule of law in its internal and external policy. The focus of the analysis is the EU enlargement process, with particular emphasis on the new enlargement methodology that introduces a more structural and dynamic approach to negotiations, highlighting the importance of the rule of law as a central pillar of this process. Through a comparative analysis of these two processes, the paper concludes that the rule of law is not only a prerequisite for membership but also a continuous monitoring mechanism applicable even after a country accedes to the EU. The EU enlargement process presents a multitude of challenges related to the implementation of the rule of law, which is particularly evident in the application of the revised EU enlargement methodology.
European Legislation, 2025 24(92):47-61
Abstract ▼
The main problem discussed in this paper is environmental crime, which has recently been on the rise, both in the European Union (EU) and in the Republic of Serbia. On the domestic front, a particular aspect of environmental crime is reflected in acts of forest theft occurring in the border zone with Kosovo and Metohija. Such mismanagement of the environment has led to confrontations between the perpetrators of these crimes and the local population, which has produced qualified consequences. Countering environmental crime, therefore, requires the implementation of stricter measures to prevent and punish offenders, as demonstrated by the analysis of the criminal act of forest theft, which poses a much greater security and legal risk than mere material damage. From an environmental perspective, this type of crime has significant environmental consequences, which underscores the importance of timely prevention of such harmful activities.
EKONOMIJA, KONKURENCIJA, PREDUZETNIŠTVO
European Legislation, 2025 24(92):63-85
Abstract ▼
The abuse of a dominant position, in its broadest sense, constitutes a prohibited form of anti‐competitive conduct within the internal market. The European Union (EU), as a supranational organisation, has achieved a high level of development in both the normative regulation and practical enforcement of competition law—one of the cornerstones of the EU’s internal market. Article 102 of the Treaty on the Functioning of the EU (TFEU) prohibits the abuse of a dominant position, one form of which is tying, a practice in which a seller requires the buyer to purchase a secondary product together with the primary one. The EU’s Court of Justice (CJEU) adjudicated several cases involving unlawful tying practices within the common market. Among them, the Microsoft case stands out as particularly significant and far‐reaching. At its core was the conditioning of customers to acquire the Windows operating system and the Windows Media Player software. The 2004 European Commission Decision classified Microsoft’s conduct as an abuse of a dominant position, followed by the 2007 judgment of the General Court upholding that decision, which remains a landmark ruling in EU competition law. This case was particularly noteworthy, not only because it involved a global technology giant, but also because it resulted in what was, at the time, the largest fine ever imposed by the Commission. Two decades later, the legal reasoning developed in Microsoft continues to hold remarkable relevance. In an era of technological expansion, the resurgence of old and the rise of new global economic powers, and heightened tensions within the international trade system, the issue of abuse of dominant position—in all its forms—remains a central legal question in contemporary international economic relations. For candidate countries such as the Republic of Serbia, alignment with the EU acquis in the field of competition law, combined with consistent monitoring of CJEU case law, is essential not only for fulfilling accession obligations (notably under Chapter 8 of the negotiation framework), but also for ensuring a credible, efficient, and transparent domestic market order capable of withstanding the pressures of global competition.
European Legislation, 2025 24(92):86-103
Abstract ▼
Information technology (IT) has shaped the global market since the establishment of the first automated booking system in the United States in 1946. This system proved successful in the work of airlines and was later adopted by the Sheraton hotel chain. Today, information technology is used both to provide leisure time and to generate financial benefits. Travellers can make reservations at hotels worldwide from the comfort of their own home, utilise the services of global tour operators, and book airline or other transportation tickets. The functioning of today\'s e‐tourism systems was enabled by the creation of the first central reservation system (Computer Reservation System – CRS) and the global distribution system (Global Distribution System – GDS), which centralised reservations from travellers worldwide across various units of the modern tourism business. The separation of the CRS and GDS systems for travel agencies, tour operators, and airlines also facilitated the implementation of computer‐based solutions in hotel operations. By developing Information Systems (IS), hotel companies operate within their CRS reservation systems and property management systems (PMS). Meanwhile, operational solutions for managing tourist destinations have been developed through the creation of marketing strategies and operational business systems, notably through the use of the Destination Management System (DMS) and the Tourism Destination Management System (TDMS). All these systems have contributed to reducing costs and enhancing the efficiency of providing tourists, hotels, and other related services.
FINANSIJE
European Legislation, 2025 24(92):105-129
Abstract ▼
Although the European Union (EU) and the United States (US) have historically been aligned, this harmony can no longer be taken for granted. That is especially the case due to changes in US foreign policy and China’s economic strengthening, which have led the EU to increasingly pursue greater strategic autonomy, thereby necessitating a reassessment of its geo‐economic position in global relations. For now, the EU is trying to manoeuvre skilfully to maintain the US as a key partner while preserving economic relations with China. This strategy is associated with increased efforts towards trade diversification, namely by concluding as many trade agreements as possible with countries perceived by the EU as allies, which should enhance its role in global governance. Concurrently, the EU is also trying to strengthen its position in the global security system, which entails a limited level of cooperation with China. Most European politicians assume that the Trump administration will not last and that the US has a strategic interest in continuing cooperation with its European allies. Nevertheless, this “triangle” lacks close and consistent engagement with China.
European Legislation, 2025 24(92):130-148
Abstract ▼
There are numerous risks in the operations of insurance companies, which often lead to problems in fulfilling obligations in the insurance business, not limited solely to payments under insurance policies. Therefore, the question arises as to how to resolve the financial problems of an insurance company to avoid insolvency and enable further operation. EU law has previously provided procedures for resolving financial difficulties of insurance companies, primarily through the Solvency II Directive, which is a comprehensive act in the insurance industry. However, the act that regulates the above‐mentioned issues in more detail is Directive 1/2025 of the European Parliament and of the Council of 27 November 2024 establishing a framework for the recovery and resolution of insurance and reinsurance undertakings. This act focuses on the recovery of an insurance company through the adoption of a recovery plan that is implemented within a certain period and aimed at avoiding the resolution procedure, as well as other procedures that apply in the event of financial problems within the company. The recovery plan is implemented within the insurance company itself, while the resolution is implemented with the participation and control of external bodies. The paper outlines the basic characteristics of the recovery plan and examines the fundamental risks that accompany the operations of an insurance company. It also outlines the powers of supervisory authorities in implementing the recovery plan. Finally, the legislation of the Republic of Serbia is criticised for failing to regulate this matter.
European Legislation, 2025 24(92):149-167
Abstract ▼
This research analyses the implementation of the bail‐in mechanism under the EU Bank Recovery and Resolution Directive (BRRD) as an alternative to the traditional bail‐out approach. The main objective is to assess the impact of this regulatory framework on financial stability, market discipline, and public finances. Through a comparative analysis, the paper explains that bail‐in reduces the fiscal burden on the state and encourages more responsible risk management. However, in practice, it raises issues of legal certainty, equal treatment of creditors, and potential erosion of trust in the banking sector. The case studies of Cyprus, Italy, and Spain illustrate the institutional and legal challenges of implementing bail‐in in real‐world scenarios, including disproportionate impacts on specific categories of depositors and investors, as well as the complexity of judicial review of authorities’ decisions. Special attention is given to the transposition of the BRRD into Serbian legislation and the role of the National Bank of Serbia in implementing these new instruments. The conclusion emphasises that bail‐in is not a universally applicable model and that its effectiveness depends on institutional maturity, legal transparency, and the capacity of supervisory authorities. In Serbia’s context, further capacity building and alignment with European standards are necessary to ensure the effective and fair resolution of banks during crises.
BEZBEDNOSNA POLITIKA
European Legislation, 2025 24(92):169-191
Abstract ▼
The paper analyses the main normative elements and aspects of the Regulation establishing the Security Action for Europe (SAFE) and strengthening the European defence industry, including: the legal basis for its adoption, objectives, mechanisms for its implementation, the special regime for public procurement, complementarity with other current supranational instruments in this domain, as well as the role of the European Union institutions in its implementation. The analysis emphasises the potential effects on relations with third countries, primarily EU candidate countries, and also highlights the implications of including Ukraine in the European mechanism for financing the procurement of defence products. The entry into force of the Regulation in question on May 29, 2025, marks a turning point in the development of the strategic dimension of the European Union’s activities. Created as a response to the current security and geopolitical situation, it has far‐reaching consequences for the European constitutional order. It is concluded that the most significant achievement of the Regulation – the so‐called SAFE financial instrument – should not be seen as another in a series of sectoral EU instruments, but as an expression of a broader transformation of the European order and European strategic culture.
European Legislation, 2025 24(92):192-203
Abstract ▼
To assist Ukraine during the war with Russia, the European Union established the Instrument for Ukraine. This has made the provision of European Union assistance to Ukraine more organised and strategically planned. The allocated financial and other resources, which are part of the Instrument for Ukraine, cover all phases of assistance. Specifically, this includes assistance during the war and after the war ends. One component of the assistance provided to Ukraine supports the maintenance of stability in the country. Another part, which is an integral component of the Instrument for Ukraine, is intended for Ukraine’s post‐war reconstruction. Additionally, the Instrument for Ukraine allows for the involvement of third parties in assisting. The Republic of Serbia is not threatened in the same way as Ukraine. However, it has faced emergencies in previous periods, during which the assistance of the European Union proved to be significant rather than absent. Based on the analysis of the Instrument for Ukraine presented above, it can be assumed that, in the event of a prolonged emergency on the territory of Serbia that would cause major material damage, the European Union would be able to organise assistance for Serbia in a manner comparable to the Instrument for Ukraine.
REGIONALNA POLITIKA
European Legislation, 2025 24(92):205-222
Abstract ▼
The paper discusses the basic postulates of the concept of “New Public Management” as a modern strategic project for the reorganisation of public administration. Following the outbreak of the global oil crisis, developed countries of Western Europe faced the challenges of public administration reform and the need to reduce the role of the state. The wave of reforms also affected the former socialist countries, including the Republic of Serbia. Using the comparative method of analysis, the author examines the success of two models of public administration reform in Great Britain and Denmark. As the initiator of the concept of “New Public Management”, Great Britain was among the first to implement the process of privatisation of the public sector. On the other hand, Denmark implemented a more gradual and incremental public administration reform, seeking to preserve the concept of the “welfare state”. The positive experiences of these countries were of limited relevance for the implementation of public sector reforms in the Republic of Serbia, primarily due to the inconsistencies within the adopted privatisation model, the negative consequences of which continue to be felt to this day.
European Legislation, 2025 24(92):223-243
Abstract ▼
Development projects of local government units in candidate countries for accession to the European Union (EU) are largely financed from EU funds designed to support programmes aimed at strengthening local governance structures. In the Republic of Serbia, as a candidate country for EU accession, EU financial support should lead to a more balanced socio‐economic development of local communities and improvement in the quality of life of the local population. The implementation of EU financial programmes is therefore an important factor in the accession process within Chapter 22, which concerns regional policy and preparations for the use of EU structural funds. The nomination of projects for specific financial support depends largely on the readiness of local governments to compete through technical projects, elaborations, studies, and other strategic documents within the framework of support programmes financed by the EU through development funds as part of its cohesion policy. As the EU provides both technical and advisory assistance in the preparation of the aforementioned strategic documents, this represents an ideal opportunity for our local governments and other communities in Serbia to build capacity and improve the development planning.
EKOLOGIJA
European Legislation, 2025 24(92):245-262
Abstract ▼
Climate change is one of the greatest challenges facing humanity today. The European Union (EU) has long sought to act as a leader in global climate policy, both by shaping international institutional arrangements and developing policies and measures to reduce its own and global greenhouse gas emissions. The EU generally has difficulty determining whether it is an “actor” in the true sense of the word, given that, in various areas, decision‐making power is divided among multiple institutions, member states, and societal actors. That raises doubts about its ability to become a leader in this area. The paper focuses on the analysis of EU actorship, as well as the types of leadership that the EU exercises internationally. In this regard, a separate section of the paper examines the phases of EU climate policy and its role in international climate change negotiations.
European Legislation, 2025 24(92):263-282
Abstract ▼
Eco‐manipulation and its negative consequences have been a matter of great concern at the European Union (EU) level for years, leading to the gradual development of a regulatory framework aimed at combating it. This paper explains the main features of the practice of eco‐manipulation in the context of product advertising and services. Then, it analyses the proposed Directive on the substantiation and communication of explicit environmental claims (Green Claims Directive) as one of the most significant initiatives at the EU level in the fight against eco‐manipulation by applying the normative method. The author pays special attention to the analysis of the scope of application of the Directive, as well as the substantiation and verification obligations that the proposed Green Claims Directive imposes on traders ex‐ante, i.e., before communicating environmental claims. In addition, the paper analyses specific rules in relation to eco‐labelling schemes, as well as various aspects of the implementation of the Directive proposal. Based on the analysis carried out, the conclusion is that the proposed Green Claims Directive seeks to establish a coherent and detailed system of legal rules that will regulate environmental claims in a comprehensive manner. In other words, it can be expected that the implementation of these rules will be effective, reducing the likelihood that companies will resort to eco‐manipulation practices. At the same time, it remains questionable whether the implementation of the proposed Directive will impose a significant financial and administrative burden on traders, which may lead to unintended avoidance of the environmental claims when advertising products and services.
NAUKA, TEHNOLOGIJA I INOVACIJE
European Legislation, 2025 24(92):283-303
Abstract ▼
Given the significant increase in the number of satellites in Earth orbit, the resilience and security of the European Union (EU) and its Member States’ space assets are at serious risk. The EU considers it essential to ensure the long term sustainability of space activities by securing the space environment. The Joint Communication of the High Representative of the EU for Foreign Affairs and Security Policy of 15 February 2022 to the European Parliament and the Council sets out the EU’s approach to Space Traffic Management (STM). This approach focuses on four key tasks currently being implemented by the Directorate‐General for Defence Industry and Space (DG DEFIS) and the European External Action Service (EEAS), which include the development of civil and military frameworks for space traffic management, strengthening operational surveillance and tracking capabilities to avoid collisions between satellites and other space objects, monitoring and developing a regulatory and legislative framework, and cooperating with international partners to ensure European contributions to global efforts to improve space traffic management.
LJUDSKA PRAVA
European Legislation, 2025 24(92):305-319
Abstract ▼
The paper presents the institution of same‐sex registered partnerships and its development in the European Union (EU). Given that the EU does not have the authority to impose identical legal solutions on member states in this matter, the situation varies from state to state. Thus, within the EU, some states legally recognise same‐sex marriage, some recognise same‐sex unions, and some provide no legal regulation for same‐sex unions. Since the progressive development of this matter in the EU has been quite complex, both through the adoption of certain legislative acts and through the jurisprudence of the Court of Justice of the EU and the European Court of Human Rights, the author, through a comparative analysis of the legislation of three EU member states, aims to reach certain conclusions regarding the existing differences in legal systems, as well as to the process of establishing this institution itself, which took place in different social and cultural circumstances.
European Legislation, 2025 24(92):320-343
Abstract ▼
This analysis examines the validity of rules that restrict athletes’ freedom of expression on political issues to uphold the principle of political neutrality. The first part of the paper highlights the importance of respecting this principle in sport. It then presents the emerging forms of expression by athletes on political issues at sporting events and in the digital environment. At the same time, the challenges faced by the sports movement in carrying out its activities are retrospectively outlined. In the second part of the paper, the author considers possible dilemmas in assessing whether contractual restrictions on the right to freedom of expression are legally valid. By applying the normative and dogmatic method, it is concluded that a balance must be achieved between the athletes’ right to respect for private and family life and their right to freedom of expression, as well as between the right of sports organisations and clubs to protect their reputation. The difficulties in achieving such a balance arise from the fact that athletes’ freedom of contract is legally and factually limited. In the third part of the paper, through a case study and analysis of the European Court of Human Rights practice, explanations are provided regarding the justification for restricting athletes’ freedom of expression on political issues. The author concludes that human rights may be justifiably restricted to protect the principles of action of sports organisations, provided that such restrictions are prescribed by law. The Law on Sports of the Republic of Serbia does not prescribe a general norm prohibiting athletes from expressing themselves on political issues. However, the law refers to the directly binding application of sports rules that contain restrictions on athletes’ right to freedom of expression. Given the quality of the norms in sports rules, the justification for such restrictions may be questionable. Moreover, it is possible that athletes’ right to freedom of expression could be violated.