European Union Legislation

The European Legislation is a specialized scientific journal that studies the law and legal practice of the European Union. Considering the importance of the journal for the harmonization of domestic law with the law of the European Union, i.e. for harmonizing the legal system of the Republic of Serbia with the European legal acquis (acquis communautaire), the journal has a special importance for the achievement of strategic state goals. The journal publishes unpublished original and review scientific works, as well as expert analyzes in which new experiences from the empirical study of certain legal and political areas of European integration are offered. The magazine has been published continuously for over two decades, four times a year in four separate volumes or in the form of two issues.

  

Latest issue: European Legislation Vol. 24 No. 89/2025

Institutions

The problem of corruption in the European Union and candidate countries
European Legislation, 2025 24(89):13-27
Abstract ▼
Nowadays, corruption represents one of the key criminal law problems. Although the European Union (EU) has strict rules and regulations that promote the fight against corruption, corruption is still present, according to official statistics. This social phenomenon attracts particular attention in countries that have not yet integrated into the EU. Therefore, combating corruption in candidate countries for EU accession is very important. That especially applies to the incorporation of international and European anti-corruption standards into national legislation in order to avoid situations of unequal treatment of corruption at the national and international levels. In the present paper, the author, through a comparative legal analysis, examines the content of legislative solutions in the fight against corruption in the EU and candidate countries for EU accession.

Legislation

EU regulatory framework on cryptocurrency and cybercrime
European Legislation, 2025 24(89):51-65
Abstract ▼
This paper analyses the European Union (EU) regulatory framework for cryptocurrencies and measures to combat cybercrime related to digital currencies. With the increasing use of cryptocurrencies as a means of payment and their attractiveness for criminal activities, such as money laundering and ransomware attacks, the EU faces the challenge of establishing effective regulation that protects consumers and maintains market stability. The paper includes an analysis of key regulatory acts in the areas of Markets in Crypto-Assets (MiCA), Know Your Customer (KYC), and Anti-Money Laundering (AML), as well as standards aimed at improving transparency in the financial sector. It also analyses mechanisms such as digital forensics and analytics of digitally linked databases (so-called “blockchain analytics”) used to track transactions and identify criminal patterns. In addition to analysing existing measures, the paper highlights key challenges, including anonymity and decentralisation of cryptocurrencies. It suggests directions for future regulatory developments that would enable the EU to prevent cybercrime more effectively while encouraging innovation. From the analysis, the authors conclude that continuous regulatory improvement and global cooperation are key elements in the fight against cybercrime in the cryptocurrency sector.

Finances

Partial implementation of the open market value provision from the Directive on the common system on value added tax
European Legislation, 2025 24(89):67-79
Abstract ▼
Value-added tax (VAT) is the most generous form of taxation, both in the European Union (EU) and Serbia. The Directive on the Common System of VAT 2006/112 prescribes the open market value rule as an anti-evasion measure in the case of price manipulation between related parties. Serbia has implemented part of such an anti-evasion provision in its national legislation. The subject research includes an analysis of the implemented measure and its independence in relation to the already existing transfer pricing rules in the domain of corporate income tax, as well as the impact of partial implementation on the national fiscal system. Starting from the assumption that full implementation is necessary to enable tax authorities in order to combat evasion in full capacity and that the independence of this anti-evasion rule is necessary in relation to the same rule prescribed by the regulations governing corporate income tax, the author of the paper, through the application of the dogmatic-legal method and the method of content analysis, presented a review of the case law of the Court of Justice of the EU. Finally, the paper proposes certain recommendations to the national legislator in order to improve the domestic VAT system.
Control of compliance of domestic banking operations with reference to the standards applied in the European Union
Nikola Dragojlović
European Legislation, 2025 24(89):80-120
Abstract ▼
This paper deals with the compliance function of banking operations in Serbia and provides an overview of the basic standards in this area applied in the European Union (EU). After the introductory part of the paper, the author presents an analysis of the regulatory framework of domestic banking operations, which includes, among other things, the control of banking operations, business risks and the management of these risks, the risk of preventing money laundering and terrorist financing, and the performance of supervision by supervisors and regulators. The third and fourth parts of the paper contain a brief description of the relevant principles from the internal governance guidelines applied in the EU, the principles of the Basel Committee on Banking Supervision on compliance, and a description of the international standard ISO 37301 (compliance management system). The fifth part of the paper discusses numerous business activities related to the compliance function in the business practice of Serbian banks. The final part of the paper contains conclusions regarding the importance of implementing international banking standards in the supervision of banking operations in the Republic of Serbia.

Agriculture

The basics of the EU organic production system
European Legislation, 2025 24(89):121-142
Abstract ▼
This paper aims to identify the basic elements of the EU organic production system. In the paper, the author analyses the measures adopted by the EU, taking into account independent reports issued in this area and relevant statistical data. The author seeks to determine the importance of the organic production system for the Republic of Serbia. In doing so, the author uses scientific methods of text analysis, such as the formal-legal method, the comparative-legal method, and statistical methods. The introduction provides an insight into the basic applicable EU regulations in this area. The content presents questions about the structure of the basic regulation in this area. However, due to the length of the text, only the production methods of specific groups of organic products (plant products, livestock, aquaculture, processed food, and processed animal feed) were analysed. The author also presents certain content of other EU regulations regulating the observed area and provides an appropriate analysis of the current Action Plan for 2021-2027. Furthermore, a very important independent audit report on EU financial assistance in this area for 2014-2022, with some data up to 2024, is also presented. Besides, the author also provided the most relevant statistical data for the previous period. The author also presents an appropriate analysis of the content of the Law on Organic Production of the Republic of Serbia as the basic legal act in this area.
Digitalisation of agricultural farms and quality management
European Legislation, 2025 24(89):143-161
Abstract ▼
:The process of digitalisation, which is at the heart of the fourth industrial revolution, fundamentally changes the way goods and services are produced and redefines the economic postulates of each country. The strategy of quality management in business involves the substantive application of appropriate international standards, which is of paramount importance for agricultural production and food safety projects. In the current global environment burdened by numerous challenges and fierce competition between economic rivals, quality products achieve a competitive advantage for companies and countries. The implementation of the considered paradigms reconceptualises the overall relationships between the subjects of the existential environment of the business spheres of society, as well as the position of agricultural family farms. Strategic concepts of digital transformation and quality management in the context of improving the competitiveness of family farms imply the essential role of science and permanent education of management and employees in order to implement the doctrine of sustainable development. The Republic of Serbia invests significant financial resources in the digitalisation of farms and the implementation of European quality management postulates, which manifests an affirmative competitive position in the domestic and international markets.

Ecology

European Union standards in the criminal law protection of the environment
European Legislation, 2025 24(89):163-177
Abstract ▼
Although not explicitly stated in international documents, the right to a healthy environment can be considered a third-generation right. It is protected at the European Union (EU) level by the European Court of Human Rights through the protection of the right to life, property, information, etc. In addition, there is a consensus at the EU level that the right to a healthy environment also needs to be protected by criminal law provisions, which should represent the ultima ratio. Although at the level of the member states, the first criminal offences aimed at protecting the environment began to be prescribed in national legislation as early as the 1970s and 1980s, there has been no unified approach to combating environmental crime at the EU level. Defining the act of committing a crime in different ways and taking different approaches to combating it has not contributed to international cooperation. That is particularly evident in the area of combating environmental crime, which has a cross-border nature. Since criminal acts that can be classified as environmental crimes are lucrative and are often linked to criminal acts that can be classified as organised crime, their effectiveness in combating them requires special attention, as well as a multidisciplinary approach with adequate cooperation between competent authorities and institutions at both the national and international levels. In this paper, the author devotes attention to the analysis of the development of criminal law protection of the environment at the EU level, given that the need for its improvement still exists, as evidenced by the fact that in 2024, a new EU Directive on the Protection of the Environment through Criminal Law was adopted.

Security policy

The European Union space strategy for security and defence
European Legislation, 2025 24(89):179-202
Abstract ▼
The EU has identified space as its strategic domain. In the current geopolitical context of increasing power competition and intensifying hybrid threats, the EU is taking action to protect its space assets, defend its interests, deter hostile activities in space, and strengthen its strategic sustainability and autonomy. In March 2023, the Commission and the High Representative presented, for the first time, a Joint Communication on a European Union Space Strategy for Security and Defence. The Strategy is a direct implementation of the previously adopted EU Strategic Compass, which defined space as a contested strategic domain, together with maritime and cyberspace, and whose security should be ensured by taking a series of actions. These actions cover measures against various space threats that should contribute to strengthening resilience and improving the Common Security and Defence Policy system.
EU information security legal framework
European Legislation, 2025 24(89):203-220
Abstract ▼
In the modern digital age, the security of information systems and networks is the basis for the functioning of economic, social, and institutional structures. The European Union (EU) has recognised the importance of this area and developed a comprehensive legal framework that includes a number of directives and regulations with the aim of strengthening information security and resilience. This framework encompasses key acts such as the NIS2 Directive, which improves security standards and encourages cooperation between member states; the DORA Regulation, which deals with the management of digital risks in the financial sector; the CER Directive for the protection of critical infrastructures; as well as the CSA and CRA Regulations that define security standards for digital products and services. The paper analyses the existing EU legal framework, discusses its role in strengthening digital resilience, and examines the challenges in its implementation. Special attention is paid to the importance of these regulatory measures for the Republic of Serbia, which, as a candidate for EU membership, should harmonise its regulations with European standards. The implementation of the aforementioned directives and regulations represents not only a regulatory challenge but also an opportunity to improve national capacities in the field of information security.

Tehnologija

The European artificial intelligence office
European Legislation, 2025 24(89):221-238
Abstract ▼
In August 2024, the European Union Regulation on Harmonised Rules on Artificial Intelligence (commonly known as the Artificial Intelligence Act or Law) entered into force. This legally binding instrument sets out the rules for the development, placing on the market, putting into operation, and use of artificial intelligence systems in the European Union (EU). As the world’s first comprehensive legal framework on this advanced technology, it aims to foster innovation while protecting individuals from potential harm linked to the use of artificial intelligence systems. The Regulation also includes still underdeveloped governance mechanisms aimed at achieving its effective implementation in the member states. To this end, a European Office for Artificial Intelligence was established, which should become a hub of expertise at the Union level and the foundation of a single European governance system for this advanced technology. The paper explores its role as a centre of expertise and an important institution for shaping AI policy and practice at the EU level. It also examines its founding principles, operational status, mission and tasks, and cooperation with relevant stakeholders. A critical examination reveals potential challenges such as overlapping competencies, the risk of stifling innovation through over-regulation, and bureaucratic inertia. The author concludes that the success of the latest European initiative will not be measured solely by the level of compliance of rules binding AI providers, which is the Office’s formal mandate, but also by the tangible societal benefits resulting from the responsible deployment of AI systems and models.
Strategic technologies for Europe platform
European Legislation, 2025 24(89):239-255
Abstract ▼
Changes in international relations also affect the security and defence of all countries. The European Union (EU) has recognised the need for reforms in sectors that enable its strategic autonomy and independence from third countries. The competitiveness of the EU industry has been negatively affected by high inflation, labour shortages, disruptions in supply chains following the COVID-19 pandemic, rising interest rates, and rising energy costs. Decision (EU) 2022/2481 of the European Parliament and of the Council establishing a policy agenda for the Digital Decade 2030 provided an incentive for the growth and modernisation of the EU economy through digital and green transformation. Digital transformation should be achieved through the adoption of digital and innovative technologies. Clean and resource-efficient technology and biotechnology are key to harmonising the EU\'s strategic objectives to ensure technological sovereignty and strategic autonomy and promote the competitiveness and resilience of its industry. In this regard, a positive impact is expected on the functioning of the internal market, public services, information exchange, increasing educational projects, strengthening science, and quality access to the public. The result of the transition to these technologies is the creation of new business opportunities and gaining a competitive advantage for the EU in the global market. The paper is the result of research on EU legislation aimed at achieving the EU\'s strategic autonomy, as well as those activities and obligations undertaken by the member states. A separate part of the paper deals with the opportunities arising from the ideas and measures contained in this document for the Republic of Serbia.

Social policy

Directive 2019/1152 on transparent and predictable working conditions in the European Union
European Legislation, 2025 24(89):257-275
Abstract ▼
This paper provides a detailed analysis of Directive 2019/1152/EU on transparent and predictable working conditions, a crucial tool in the fight against social dumping. It ensures that employees are provided with minimum guarantees regarding their working conditions. The first part of the analysis examines the personal scope of the Directive, focusing on the expanded group of individuals entitled to legal protection and to whom the employer must provide specific information. The paper then explores how the employer\'s obligation to provide that information is implemented, as well as the timeline within which this must be done. This timeline is critically assessed as insufficient, as it fails to promote true transparency and could inadvertently encourage undeclared work. Additionally, the legal nature of the employer\'s written statement is analysed. This document, which provides information about working conditions, plays a significant role in countries where employment contracts are not formalised or provided in writing.

Human rights

Impact of the concluding observations of the United Nations Committee on the rights of the child on the european integration process of the Republic of Serbia
European Legislation, 2025 24(89):277-299
Abstract ▼
The acquisition of full membership in the European Union is a strategic commitment of the Republic of Serbia. Chapter 23: “Judiciary and fundamental rights” is crucial on our country’s European path. One of the fifty transitional benchmarks in Chapter 23, set by the European Commission, is dedicated to the rights of the child. Among the indicators of the fulfillment of this benchmark, the concluding observations of the United Nations Committee on the Rights of the Child stand out in particular. The author groups the recommendations from the concluding observations that the Committee addressed to the Republic of Serbia in 2017 into four parts, namely: developing the legislative, strategic and institutional framework, respecting general principles, enjoying the highest attainable standard of health and education, and protecting particularly vulnerable categories of children. From the presentation of the current factual situation, she determines the extent to which Serbia has acted on the recommendations of the Committee. The author identifies critical gaps in the national system of child rights and formulates recommendations for future steps, in order to highlight the importance of acting on the concluding observations of the United Nations Committee on the Rights of the Child for the process of accession of the Republic of Serbia to the European Union.