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 The journal publishes unpublished original and review scientific works, as well as expert analyzes in which new experiences from the empirical study of certain legal and political areas of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. 22 No. 84/2023

Institutions

INSTITUTIONAL FUTURE OF THE EUROPEAN UNION
Slobodan ZEČEVIĆ
European Legislation, 2023 22(84):15-23
Abstract ▼
The European Union was founded on cultural, religious, and humanist European heritage. Based on this fact, universal values, which are not only inalienable and inviolable human rights but also the generally accepted values of freedom, democracy, equality, and the rule of law, were developed on the soil of the European continent. The European Union could not fully rely on the American experience, where there is an assimilation factor of the English language, nor on the Chinese experience, where 80 percent of the population is made up of the Han ethnic group. Therefore, the motto of the European Union is “United in Differences”. The institutional system of the European Union expresses the interests of the countries that founded it, but also of its citizens, through the democratic institution of the European Parliament. At this moment, there is a need to make its institutional system more efficient through comparative processes and to establish a clear programme for the admission of new member states from the Western Balkans. In addition, the European Union intends to protect its external borders, initiate an active demographic policy, and try to develop a more independent foreign and defence policy in relation to its American ally
CHARACTERISTICS OF THE EUROPEAN UNION\'S JUSTICE AND INTERNAL AFFAIRS COOPERATION
Slobodan NEŠKOVIĆ
European Legislation, 2023 22(84):25-40
Abstract ▼
The concept of functioning of the European Union (EU) implies adequate and cohesive functioning of all its structural segments. Since the founding of the EU, particular importance has been devoted to the sphere of security in order to implement the newly inaugurated legal regulations of the group in question. Priority is given to prevention and the fight against all forms of organised crime, which is carried out through the coexistence of competent state institutions with existing European institutions. In the afore-mentioned context, essential importance belongs to the cooperation of the judiciary and the internal affairs authorities. The author\'s work discusses the genesis and peculiarities of the mentioned phenomenon, with special reference to Evrojast as an autochthonous security organisation.

Legislation

CROSS-BORDER TRANSFER OF PERSONAL DATA UNDER DOMESTIC AND EUROPEAN UNION LAW
Ostoja KALABA
European Legislation, 2023 22(84):41-77
Abstract ▼
With the adoption of the new Law on the Protection of Personal Data in 2018 and its entry into force, many novelties were introduced into the legal system of the Republic of Serbia based on the General Regulation on the Protection of Personal Data of the EU (GDPR), which regulates the general regime of data processing, and the so-called Police Directive (LED), which regulates the processing of personal data by competent authorities for the purposes of preventing, investigating, and detecting criminal offences, prosecuting perpetrators of criminal offenses or enforcing criminal sanctions, including prevention and protection against threats to public and national security (special data processing regime), regarding the elaboration of a number of issues related to the collection, holding, use, transfer and other actions of personal data processing with a lower or higher degree of adaptation to the characteristics of the domestic legal system. Bearing in mind the complexity of the topic of personal data protection, the focus of this paper will be on the analysis of the provisions of the current legal framework in the field of personal data protection, which refer to the cross-border transfer of personal data in EU law and the law of the Republic of Serbia, with an emphasis on the general regime of data processing and a review of the legal possibilities of implementing this processing operation and their mutual compliance. The aim of the analysis is to determine to what extent the transfer of personal data is adequately regulated in the law of the Republic of Serbia, what its potential shortcomings are, where certain solutions could be found, and to what extent this segment of personal data processing is harmonised with the EU law using normative and comparative methods.

Economy, competition, entrepreneurship

NEW LEGISLATION OF THE EUROPEAN UNION ON PROTECTION AGAINST ECONOMIC COERCION APPLIED BY THIRD COUNTRIES
Duško DIMITRIJEVIĆ
European Legislation, 2023 22(84):79-93
Abstract ▼
The turbulent development of contemporary international relations has brought with it certain challenges but also concrete threats to the economic interests of the European Union (EU). In previous years, the economic interests of certain member states have been seriously shaken by measures of economic coercion arising from trade and business transactions with third countries. In the Communication from February 2021, the Commission emphasised the need to achieve an open, decisive, and sustainable trade policy that could respond to the challenges of cooperation with third countries. With the industrial policy changes of May of the same year, the EU sought to strengthen economic resilience and solve the problem of strategic dependence. In this sense, the need to adopt appropriate measures for the implementation of the green and digital transition while providing adequate assistance for maintaining the stability of the internal market was emphasised. In order to achieve the planned goals, it was estimated that it would be necessary to adopt a single legislative framework with the possibility of undertaking a wide range of proportional and effective countermeasures against coercion, especially those of its hybrid forms that are manifested in the plan of maintaining trade and investment relations with third countries. After examining the possible effects of the introduction of such countermeasures, in October 2023, the European Parliament and the Council adopted the Regulation on the protection of the EU and its member states against economic coercion applied by third countries. This paved the way for the preservation of the EU\'s strategic economic interests in its international economic relations.

Agriculture

A NEW REGULATION OF THE EUROPEAN UNION ON THE ORGANISATION OF MARKETS IN AGRICULTURAL PRODUCTS
Dušan DABOVIĆ
European Legislation, 2023 22(84):95-112
Abstract ▼
This paper aims to present the basic elements of Regulation 2021/2117 amending Regulation 1308/2013 on the establishment of a common organisation of agricultural products markets; Regulation 1151/2012 on quality systems for agricultural products and food; Regulation 251/2014 on the definition, description, presentation, labelling, and protection of geographical indications of aromatized wine products; and Regulation 228/2013 on the establishment of specific measures for agriculture in remote regions of the Union. The significance of Regulation 2021/2117 is that it was adopted and published at the same time as Regulation 2021/2116 on financing, management, and monitoring of the Common Agricultural Policy and Regulation 2021/2115 on support for strategic plans to be developed by member states within the framework of the Common Agricultural Policy. For the most part, this Regulation entered into force, which established the legal basis of the new Common Agricultural Policy of the EU. After the introductory discussion, the content of the text contains the elements that are changed and supplemented in the aforementioned Regulations, where the most numerous changes and additions related to the wine sector are presented. The essence of the presented changes and additions is, as stated in the goals of the new Common Agricultural Policy of the EU, to establish increased efficiency, that is, to achieve results while at the same time striving to reduce the administrative burden on users.

Traffic

SAFETY SYSTEM STANDARDS FOR DRIVER AND PASSENGER PROTECTION IN ROAD TRAFFIC
Branimir MILETIĆ
European Legislation, 2023 22(84):113-127
Abstract ▼
The paper analyses the European standards transposed into the internal legal order of the Republic of Serbia on the system of protection of drivers and passengers in road traffic. The author analyses the technical solutions prescribed by the provisions of the positive law of the Republic of Serbia and gives appropriate recommendations with explanations regarding the protective measures implemented through seat belts. It explains their role, principles of action, and effects of application. The paper pays special attention to the importance of seat belts in protecting drivers and passengers in traffic accidents. In this sense, the paper emphasises the importance of applying the system of protection to certain categories of persons, such as pregnant women. Applying an adequate scientificmethodological approach, the author discusses the results of the applied research in the paper, trying to discover the legality of the procedures when undertaking protective measures in this area. Finally, he comes to the conclusion that the Republic of Serbia, through the implementation of European legislation, has accepted the European standards of the safety system for the protection of drivers and passengers in road traffic.

Security and defense policy

EU SUPPORT TO THE ARMS TRADE TREATY IMPLEMENTATION
Iris BJELICA VLAJIĆ
European Legislation, 2023 22(84):129-139
Abstract ▼
The European Union\'s Common Foreign and Security Policy (CFSP) aims to preserve peace and strengthen international security in accordance with the principles of the United Nations Charter. With the adoption of the Arms Trade Agreement (ATT) under the auspices of the United Nations (UN) General Assembly, the objectives of the European Union (EU) and the UN on improving living and security conditions by ensuring responsible trade in all types of conventional military weapons and systems, ammunition, related technology, spare parts, and components have coincided. This is especially due to the fact that all EU member states are parties to the Agreement. Activities aimed at preventing the spread of weapons of mass destruction and disarmament contribute to the effective implementation of other international treaties, conventions, and agreements dealing with weapons of mass destruction and conventional weapons. The goal of controlling the trade in conventional weapons is to reduce the illegal accumulation and trade in these weapons, thus contributing to peace, security, and stability in Europe and the world. Work on promotion and support for the implementation of the Agreement should be continued because Belarus, India, Iraq, Iran, Pakistan, and the Russian Federation are among the 54 countries that have not joined it. It is especially aimed at continuing the harmonisation of legislation with international standards, further improving the control of internal and external arms trade, reducing incidents committed with weapons and the number of illegal weapons in the possession of citizens, removing surplus small and light weapons, ammunition, and explosives for civilian use in the Republic of Serbia, and fostering close multilateral and bilateral cooperation in this area.
INTERNATIONAL MILITARY COOPERATION OF THE REPUBLIC OF SERBIA WITHIN THE FRAMEWORK OF THE COMMON SECURITY AND DEFENCE POLICY OF THE EUROPEAN UNION
Hatidža BERIŠA, Goran KORSEV, Dragan STEVANOVIĆ
European Legislation, 2023 22(84):141-157
Abstract ▼
In modern international relations, states no longer achieve their security based on their own national interests and values but build it through cooperation and alliances with leading world powers and within regional and global initiatives (the United Nations, the North Atlantic Treaty Organisation, the European Union, and others). In this sense, within its foreign policy, the Republic of Serbia has defined four strategic “pillars” of cooperation, namely the European Union, the United States of America, the Russian Federation, and the People\'s Republic of China. At the level of regional cooperation, the Republic of Serbia is strengthening its relations with its neighbours, but it is also actively participating in numerous regional initiatives. All of this contributes to the process of European integration as one of the strategic foreign policy priorities of our country, as declared by the Ministry of Defence. The research includes an analysis of international military cooperation within the European Union\'s Common Security and Defence Policy (CSDP). The research goal of the work includes the systematisation of knowledge about the achieved level of international military cooperation as well as the Ministry of Defence\'s prediction of the possibility of further improvement of this cooperation for the purpose of improving research in this area.

Regional policy

DEVELOPMENT AND IMPLEMENTATION OF THE NORMATIVE FRAMEWORK IN THE FIELD OF MINORITY RIGHTS IN CROATIA IN THE CONTEXT OF EUROPEAN INTEGRATION
Isidora POP-LAZIĆ
European Legislation, 2023 22(84):159-175
Abstract ▼
This year marks the decade since Croatia became a member of the European Union (EU). It is precisely this period of time that gives the opportunity to take a chronological look at the development of the normative-legal framework in the field of minority rights in Croatia and its application in practice. Special emphasis in this analysis will be placed on the realisation of the minority rights of the members of the Serbian national minority, the most numerous minority in Croatia, as well as the impact of these issues on the development of regional cooperation and bilateral relations with Serbia. The goal of the analysis is to assess whether the process of European integration of Croatia contributed to the development and improvement of minority rights or whether opposite tendencies can be observed. The analysis of the development of instruments in the field of protection of minority rights will cover the international, regional, and national levels. We will also refer to the specific weight of these issues in the negotiation processes for the membership of Serbia and Croatia in the EU. The methodological framework will include descriptive and explanatory analysis, as well as the method of analysing the content of secondary sources (laws and other acts). In addition, a comparative analysis will be applied in order to determine whether the existing legal framework applies equally to all members of national minorities.

Technology and media

CYBER SECURITY vs. PRIVACY: GENERAL CONSIDERATIONS AND GROUNDS FOR PROTECTION
Dragana PETROVIĆ
European Legislation, 2023 22(84):177-192
Abstract ▼
Today, there are serious discussions in the world at different levels about the possibilities of modern information and communication technologies (ICT), but also about their unwanted consequences. For an ordinary person, the “new” way of communicating via the Internet and mobile telephony is at the same time easy, simple, fast, and necessary; it becomes a fact of his daily life. Moreover, modern times include the Internet as one of the main means of communication. If used “properly”, it represents an abundance of information on almost any topic and brings many benefits. With a diverse amount of collected data, it easily mediates the acquisition of new knowledge and lifestyle shaping. In this perspective, life on the Internet network is increasingly becoming a space subject to manipulation and abuse. The list of abuses is long, from attacks on other people’s privacy to persecution, cyber mobbing, peer violence, sexual harassment and violence, trafficking in human beings and human organs, etc. In this way, the emergence of new technologies significantly threatens the right to privacy. In recent years, the right to privacy has mostly been associated with personal data. The right to privacy and protection of personal data is one of the most basic human rights. Since it is a fundamental human and citizen right, the Constitution, the Data Protection Act (DPA), and the Criminal Code (Article 146, Unauthorised Gathering of Personal Data) serve as the foundation for its protection under our legal system. The aim of the work is to contribute to the scientific debate in that area.

Social policy

OUT-OF-COURT SETTLEMENT OF LABOUR DISPUTES IN SERBIA AND REGIONAL COUNTRIES
Dijana SAVIĆ BOŽIĆ
European Legislation, 2023 22(84):193-213
Abstract ▼
The paper analyses the methods of out-of-court settlement of labour disputes in the Republic of Serbia and the countries of the region. The problem of resolving labour disputes in Serbia is very complex and represents the necessity of action and reforms in several areas at the same time, both in labour law and civil procedural law, i.e., the system of organisation of courts. The presented solutions are the fruit of the author\'s research and experience and an expression of efforts to systematically and comprehensively approach labour law reform in a way that would certainly have to include the protection of workers\' rights in an appropriate and efficient manner. Effective resolution of labour disputes is not only in the interest of workers but also employers. Prolonged labour disputes often involve enormous amounts of damages for unpaid wages and unpaid contributions, which the employer owes after several years of disputes over the legality of the termination of the employment contract that was concluded in favour of the employee.

Human rights

THE FUTURE OF HUMAN RIGHTS: FUNDAMENTAL TENETS OF THE EU AT THE CROSSROADS BETWEEN CHRISTIANITY AND ISLAM
Sanela VELJKOVIĆ, Mitko ARNAUDOV
European Legislation, 2023 22(84):215-230
Abstract ▼
The European Union is the preferred immigration destination of many international migrants. The promotion of democratic values, human rights and freedoms, tolerance, and multiculturalism increases the waves of immigration to Europe. At the same time, economic motives represent another driver of this process. Over time, the immigration policies of the European Union have changed in accordance with current international, regional, and local developments. Therefore, in certain periods, they were more liberal or more restrictive in nature. However, only after the terrorist attacks that occurred at the end of the 20th century and the beginning of the 21st century, as well as the migrant crisis that Europe was faced with in 2015 and 2016, was there a noticeable trend of increasing fear of Islamism among the European population. These events resulted in the strengthening of right-wing political currents in certain member states of the European Union, which base their rhetoric on populism, which contributes to the growth of xenophobia in European society. The population of the Islamic religion still represents the dominant population of Europe today. The problem of the integration of Muslims into European society is present, as is the possibility of jeopardising European culture and European values. Accordingly, the paper examines culture as a dividing line between Christian and Muslim populations in the European Union.

Јudicial practice

FREEDOM OF RELIGION OR BELIEF IN THE EUROPEAN UNION: WEARING RELIGIOUS SYMBOLS IN THE WORKPLACE
Sanja ŽARKOVIĆ
European Legislation, 2023 22(84):231-247
Abstract ▼
In this paper, the author deals with the manner in which the wearing of religious symbols in the workplace as a form of expression of faith is regulated in the law of the European Union. She concludes that the wearing of religious symbols is torn between the divergent aspirations of the EU to achieve an image of neutrality and to strengthen the protection of human rights through the prohibition of discrimination in order to facilitate access to the labour market. According to the author, wearing religious symbols at the workplace proves that this neutrality is understood as secularity, where religion is expected to be confined to the private sphere and the individual is expected to refrain from expressing it in public. This is supported by the business policy of neutrality, which the EU Court of Justice accepts as a legitimate goal of employers when prohibiting the wearing of religious symbols in the workplace. Consequently, it is an exclusionary conception of neutrality, which is equally hostile to the expression of all religions, instead of a pluralistic and inclusive one, which would respect all religions equally.