European Legislation Journal Archive
European Legislation Vol. 12 No. 39-40/2012
European Legislation, 2012 12(39-40):7-7
European Legislation, 2012 12(39-40):9-9
ZAKLjUČENjE SPORAZUMA IZMEĐU DRŽAVA ČLANICA I TREĆIH DRŽAVA KAO IZUZETAK OD VRŠENjA SPOLjNE NADLEŽNOSTI EVROPSKE UNIJE
European Legislation, 2012 12(39-40):11-25
The EU legislation has adopted the Regulations that define the conditions under which Member States may, however, only exceptionally, negotiate on behalf of themselves and conclude international agreements with third countries – nonmember countries. Although it can be concluded that it is a foreign jurisdiction of EU, we must say that it is an individual act of Member States. Exclusive foreign jurisdiction exists if EU harmonizes a certain area of law or if that area is arranged in accordance with its internal jurisdiction in the way that these provisions include the rules relating to citizens of non-member states. The first regulation of these types is the Council Regulation (EC) No 664/2009 of 7 July 2009 establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries concerning jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, matters of parental responsibility and matters relating to maintenance obligations, and the law applicable to matters relating to maintenance obligations. This Regulation deals with legal matters that are regulated by two separate Regulations. One relates to the marriage and parental responsibility and the other to the maintenance obligations. The latter one is the Council Regulation (EC) No 662/2009 of 13 July 2009 establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries on particular matters concerning the law applicable to contractual and noncontractual obligations. This Regulation also regulates the topics that are governed by the Regulations which, in particular, regulate the issues related to contractual and non-contractual relationships. These Regulations were adopted on the basis of Article 307 of the Treaty establishing the European Community. However, it must be said that the basis for the functioning of the Community is the implementation of common policies, when common rules adopted, regardless of their form. Then, the Member States have no right to act individually or collectively concerning the obligations assumed by the nonmember countries. But, if at the request of the Member States the EU Commission has approved that the Member States can conclude a new agreement or modify the existing ones with a third country, then some questions from the areas that are regulated by the Regulations can be governed between these states. However, this does not affect the above mentioned implementation of the common policies. These Regulations are very significant not only because of the possibility of concluding such agreements, but also because of the possibility that very close states, of which only one is a member of the EU, can regulate certain relations in these areas. The importance of these regulations for the Republic of Serbia is large, given its current position of a candidate for the EU membership. A series of bilateral agreements are in force between the Republic of Serbia and the EU Member States, which Serbia signed while it was still a part of Yugoslavia.
European Legislation, 2012 12(39-40):26-37
In this paper, the author focuses his attention on one of the oldest manifestations of breaching of human rights – torture. In brief, an analysis is given as the overview of the international legal documents, both of universal and regional character, which forbid torture. The author explains what the torture as criminal offence is especially referring to the cases when torture is committed by officials. In the separate parts of the paper, the author describes provisions of the Serbian internal legislation and compares it to the provisions on torture in the legal systems of Republika Srpska, Bosnia and Herzegovina, Greece and Germany.
European Legislation, 2012 12(39-40):38-59
A specific criminal status of minors is the subject of regulation of many international instruments, notably of the United Nations and Council of Europe. A number of recommendations and standards contained in these documents have changes concerning the basic objective of internal legislation, which go in the direction of improving the system of proactive and reactive responses to juvenile crime. The major principles that govern the creators of these instruments are the suitable creation of the juvenile justice system that will allow the balance of interests of three actors of the criminal act; it is the protection of the interests of minors, victims and the community, or society as a totality. In reaction to the criminal delinquency of minors, the creators of the democratic vision of international and European instruments opt for the alternative measures and programs, educational measures and juvenile imprisonment. The authors have proceeded from the fact that in the last decade a number of European instruments covering a wider field of juvenile crime were adopted, being both in the field of family and criminal law. It is, therefore, advisable to highlight the status of the juvenile criminal law, their criminal responsibility and the criminal system of measures and criminal sanctions following international and European instruments.
DIREKTIVA 2011/95/EU O KVALIFIKACIJI DRŽAVLjANA TREĆIH DRŽAVA ILI LICA BEZ DRŽAVLjANSTVA ZA KORISNIKE MEĐUNARODNE ZAŠTITE U JEDINSTVENOM IZBEGLIČKOM STATUSU ILI STATUSU LICA KORISNIKA SUBSIDIJARNE ZAŠTITE
European Legislation, 2012 12(39-40):60-67
Nowadays, countries of the world are faced with a large number of cases of human rights violations. Persons from those countries are looking for protection from the European Union member states, because they have good legislative systems of asylum and refugee protection. Directive 2011/95/EU regulates standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection for a uniform status for refugees or persons eligible for subsidiary protection and the content of protection granted. Persons who believe they have grounds for refugee status or subsidiary protection status submit application forms with evidence of their situation (evidence of persecution, serious threats, violations of basic human rights) to the competent authorities of the EU member states. The competent authorities address the requirements and can make a decision on granting refugee status or subsidiary protection status. Improper claims are dismissed. The Directive regulates basic human rights of persons eligible for international protection, such as informing in their own language, access to employment, maintaining family unity, travel documents, residence permits, access to education. The Directive has special provisions on unaccompanied minors.
European Legislation, 2012 12(39-40):68-91
At the beginning of the paper, the author gives overall information on the development of international law. She stresses that since XVII century the list of international law legal persons has gradually changed and that nowadays it includes not only states but also international organizations and some movements as well. Characteristics of the international law legal persons also are given. In the part of paper dealing with international organizations, a special place is given to the European Union as sui generis organization. The development and recognition of the European Union’s legal personality is explained through the analysis of particular articles of the amended treaties (Maastricht, Amsterdam, Nice, Constitution Draft and Lisbon or Reform Treaty).
European Legislation, 2012 12(39-40):92-114
The Greek sovereign debt crisis that threatens to spread to other Euro area countries and that endangers the foundations and the existence of the common currency (the Euro) has initiated the adoption of a series of measures by the EU and the Eurozone countries, which are of intergovernmental and communitarian character. These measures have established and are developing various financial funds of temporary and permanent sort opening the way to the simplified Treaty revision as well as to the establishment of a financial union. The measures adopted during the previous two years were combined forming a complex mixture of legal instruments of public international law, European law and private law. This are specific institutional arrangements that encourage a number of legal interpretation questions of which the most important is one of transferring powers to the EU and that is the subject of this text.
European Legislation, 2012 12(39-40):115-127
The author examines the potential positive effects of the role of the European Public Prosector’s Office in fighting corruption and other serious types of whitecollar crime and maladministration, particularly with a view to weak civil servants integrity culture in the European Commission and its administration. Since the effectiveness of any administration heavily depends on the personal performance of its civil servants, enhancing the European civil servants’ responsibility became a high priority in the aftermath of the 1999 Jacques Santer’s Commission corruption scandal. The mechanisms for investigation and disciplinary sanctions are in place, but there is a substantial need for supranational prosecution of corruption and other types of the so-called “white collar” crime against the EU’s financial interests. The analysis focuses on considering plausible benefits that could stem from the establishment of the European Public Prosector’s Office; yet, it emphasizes possible obstacles that could undermine the effectiveness of the future supranational criminal investigations.
Economy, competition, entrepreneurship
European Legislation, 2012 12(39-40):128-150
Cohesion Policy is one of the earliest common policies of the European Union whose main objective lies in promoting the harmonious development of the community and reducing inequalities in the level of development of various regions and backwardness of the least developed regions. After explaining its basic concepts, this paper provides an overview of the emergence and development of the European Union’s cohesion policy; then, it points to its importance, challenges and future trends and perspectives for the Republic of Serbia. The aim of this paper is to emphasize that the European Union’s cohesion policy is not the only driving force of progress, but it only supports and complements the effects of free market and economic policies of the member states. Only together with other European and national policies, with good national macroeconomic policies and a good response of each member state to the offered economic opportunities within the European Union, cohesion policy can achieve satisfactory results and increase the positive impact of other policies.
European Legislation, 2012 12(39-40):151-169
Increasing the size of an undertaking, which is achieved by merger of several of them of by taking control on the part of one or more undertakings over others, is the operation that is called “concentration between undertakings“ in market economy. Control over concentrations had not been provided by the Treaty Establishing the European Economy Community adopted in 1957. However, in the early 1970s the operations mentioned above proved to be a threat to competition in the common market. Since no norms on control over concentration between undertakings were provided a new dilemma emerged – whether under such circumstances the implementation of general norms on competition protection that had been included in former Articles 85 and 86 of the Treaty Establishing the European Economic Community was possible. In that sense, some theoretical discussions were raised, this including legal practice of the Court of Justice on the adjustment of general norms on competition of the Treaty Establishing the European Economic Community for the implementation of concentration operations. Finally, in accordance with the Council Regulation No. 4064/89 of 21 December 1989 control of the European Economic Community over operations of concentrations between undertakings had been introduced. This provision was then amended in June 1997. The regime of concentration between undertakings in the European Union was last reformed by the Council Regulation No. 139/2004 of 20 January 2004. Among other things the reform included the following: change of the criteria for the assessment of the adjustment of operation of concentration among undertaking to the internal market, making simpler forwarding of cases on the part of the Commission to member states national bodies that are in charge of protection of competition, and vice versa, rationalisation of the control procedure and strengthening of investigation powers of the Commission.
European Legislation, 2012 12(39-40):170-178
The first element for good corporate governance – the corporatization – is not applied in the public enterprises. Modern corporate governance is the most complex process that has ever been seen. Reform and implementation of modern corporate governance is a good way to achieve efficient and effective goals of improving enterprise competitiveness. Corporate governance should ensure the strategic guidance of the company, the work of parliament and administration, supervision of managers, but it should also take into account the company and shareholders. Owners and investors are already aware of the necessity to have responsible and professionally skilled employees for the management of a corporate governance system. Obviously, this new era requires a permanent educations program in all fields, and in fact, it is an imperative now. The process of reform of the legal system is connected with the most aspects of the corporate governance in public enterprises and because the reform process is not complete, successful business of those enterprises potentially cannot increase. Corporate governance is an integrated system with the complicated goal – to achieve the balance between numerous subjects with different interests. Some of those factors and their relations are in the public company (shareholders, members of board, executives, internal auditors, employees) and the others come from capital markets (investment banks, external auditors, investments analysts, Securities and Exchange Commission, etc.). In the light of corporate governance phenomenon, the paper has analyzed the ability of the public company to access capital markets and control the risks.
European Legislation, 2012 12(39-40):179-193
So far, in EU law there has been no coherent group of horizontal rules focused on consumer protection in the domain of services of general economic interest. The concept of service of general economic interest is not strictly defined. In the 1980s, when industries entered liberalization throughout the EU, legislators created specific sector frameworks for selected services of general economic interest, due to specificities of such sectors. Legislators of the member states and European legislator as well, did not aim to create a uniform regulatory strategy for all sectors involving services of general economic interest. Rules on services of general economic interest involve the duty to specify universal service, protect safety and health of consumers, their economic interests and they also aim to grant certain rights to consumers which cannot contract out. The EU institutions require from the member states to secure a high level of consumer protection and an active role in oversight. The purpose of this paper is to explore what a service of general economic interest is as well the controversies in defining such a service, mostly through the prism of the Commission’s approach to SGEI.
European Legislation, 2012 12(39-40):194-203
The purpose of the Decision of the European Parliament and of the Council on a paperless environment for customs and trade is to increase competitiveness of companies doing business in Europe by establishing electronic customs systems as more effective and more efficient systems for the exchange of data between the customs administration, economic operators and other administrations and agencies.
European Legislation, 2012 12(39-40):204-215
The European Parliament and the Council of the European Union adopted the Regulation (EC) No 223/2009 of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities. The objective of the Regulation is to establish a legal framework for the development, production and dissemination of European statistics. According to the Regulation, European statistics shall be developed in conformity with the statistical principles set out in Article 285(2) of the Treaty and further elaborated in the European Statistics Code of Practice. As provided by the Regulation, the development, production and dissemination of Community statistics shall conform to professional independence, impartiality, objectivity, reliability, statistical confidentiality and cost-effectiveness without entailing excessive burdens on economic operators.
OBAVEZE IZ UGOVORA O OSNIVANjU ENERGETSKE ZAJEDNICE I IMPLEMENTACIJA PRAVA EVROPSKE UNIJE U OBLASTI ENERGETIKE
European Legislation, 2012 12(39-40):216-240
The paper analyses the Treaty Establishing the Energy Community and the contractual obligations assumed by its singing which are related to the creation of a stable regulatory and regional market for electricity and gas and the implementation of the EU law, the so-called communitarian regulations (acquis communautaire) in the area of environment promotion and protection, the use of renewable energy sources and protection of competition. The objective of the Treaty is to contribute to strengthening relations in the region and faster economic and political integration of the Southeast European countries into the European Union. Directives of the European Union are examples of how competition can be introduced gradually into the energy field, i.e. electricity generation, transmission and distribution as a means of increasing economic efficiency of this activity. Directives provide a framework for achieving two main objectives within the European Union energy policy - to create a liberalized electricity market and to achieve demonopolisation of the power sector. Since it is necessary to have a common legal framework on all territories where the Treaty is applied so that the common EU energy market could function, the signatories who are not EU members will harmonise their regulations with the EU legislation in the fields of energy, market competition, renewable energy sources and environmental protection.
European Legislation, 2012 12(39-40):241-250
This article examines the EU regulation which specifies the types of acts concerning the prohibition of measures establishing privileged access to financial institutions by European Community institutions and member states’ public authorities. The Treaty establishing the European Community enshrines the free movement of capital as a fundamental freedom. It is intended to remove all restrictions to movement of capital, so that the member states may take full advantage of the financial market. Article 102 (ex Article 104a) of the Treaty establishing the European Community enact that “any measure, not based on prudential considerations, establishing privileged access by Community institutions or bodies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of member states to financial institutions, shall be prohibited”. This regulation is aimed at achieving price stability by cutting off public entities’ possibilities to legislate or administer their access to credit on more advantageous terms than their economic situation allows for. It is an essential element of the submission of the public sector in its financing operations to the discipline of the market mechanism and so it contributes to strengthening of budgetary discipline, whereas, moreover, it places the member states on an equal footing as regards public sector access to financial institutions. Thus, the public sector is subject to market realities when financing budget deficits. Detailed rules are contained in Council Regulation (EC) No 3604/93 of 13 December 1993 specifying definitions for the application of the prohibition of privileged access referred to in Article 104a of the Treaty.
European Legislation, 2012 12(39-40):251-267
Property tax is the oldest form of public income and today, it is the dominant revenue that belongs to local authorities. Every EU country has defined the tax base on different parameters, but as a rule, it leads to a depressed tax base and low income. Therefore, the importance of balance collected tax form, except in a few countries with rich population, is modest, but steady. One of the reasons for a small share of this tax in GDP or in the total tax revenue results from pursuing the “social” policy. Taxation of real estate, as part of wider tax type property taxation, characterizes the “most visible” tax form, thus it is very unpopular and generally applies to proportional and low tax rates. For this modest balance collected tax form, tax authorities do not show particular interest in administrating this thoroughly and all the activities leave to local governments in whose jurisdiction this matter is.
OSLOBOĐENjA BEZ PRAVA NA PORESKI ODBITAK I ALTERNATIVNI NAČINI OPOREZIVANjA IZUZETIH DOBARA I USLUGA PRIMENOM POREZA NA DODATU VREDNOST
European Legislation, 2012 12(39-40):268-290
Tax exemptions have always been one of most complicated areas in the implementation of any kind of tax on consumption. In case of VAT, this is a very important question. VAT has the following two types of exemptions: exemption with a possibility of refunding input tax (this exemption is called zero-rating) and exemption without possibility of refunding input tax (in this case, goods and services are fully exempted). This article presents an analysis of full tax exemptions and alternative methods of taxing exempted goods and services.
European Legislation, 2012 12(39-40):291-298
Europe 2020 represents a renewed effort of the EU to define priorities and objectives that will render Europe more competitive, smart and sustainable. One of the objectives commits to sustainable growth that, inter alia, entails the protection of the environment, especially in relation to climate change and biodiversity. As a result, the author analyses the main priorities of Europe 2020, the influence of the strategy on candidate countries and the implementation of the environmental acquis as a prerequisite for sustainable economic growth and the achievement of the Strategy’s objectives.
European Legislation, 2012 12(39-40):299-308
Last year, the National Parliament of the Republic of Serbia ratified an important international law act for the protection of cultural heritage – European Landscape Convention adopted in 2000. This international act has defined the subject, contents, characteristics and role of landscape and landscape policy, but also the national system, main bodies and even the expected European collaboration in this field. In order to establish the European standards in the field of landscape management and protection, our government bodies are obliged to implement new laws. In this paper, the author analyzes European Landscape Convention, its solutions and the system of international and national law of landscape protection.
European Legislation, 2012 12(39-40):309-336
Since its establishment, the European Union has adopted a series of primary and secondary legal sources containing provisions which are relevant for animal welfare protection. The author attempts to point out the fundamental types, characteristics, contents and the purpose of these documents as well as the impact that they might exert on the legislation of the Republic of Serbia. Apart from proclaiming universal principles of animal welfare protection, legal sources of the European Union also precisely prescribe minimal standards that need to be fulfilled in certain segments of human–animal interactions. This particularly refers to the following fields: welfare of farm animals, humane treatment of animals during their slaughter for food production, protection of animals in transport, preservation of animal welfare while performing scientific experiments as well as providing adequate health protection of animals. Special legal sources are dedicated to the protection and conservation of wild animals’ welfare, whether they are kept in captivity or they dwell in their natural habitats. For its significance, but also for the influence it exerts on national legislations of the EU member states, Directive on the protection of the environment through criminal law stands out among the rest of the European Union provisions relevant for animal welfare. In addition, future tendencies and directions of the development of legal protection of animals are also presented. They are exposed in Strategy for Protection and Welfare of Animals for the period between 2012 and 2015. Finally, the author also discusses the influence that European Union animal welfare legislation might have on analogous normative acts of the Republic of Serbia as well as the advantages of the implementation of the standards they proclaim regardless of the future membership of our country in this regional organization.
European Legislation, 2012 12(39-40):337-352
This paper analyses the EU regulations directly relevant to safety of chemicals and industrial plants. Special attention is paid to provisions of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances. The Directive is aimed at the prevention of major accidents which involve dangerous substances and the limitation of their consequences for man and the environment, with a view to ensuring high levels of protection throughout the Community in a consistent and effective manner (Article 1). The Directive prescribes general and special obligations of operators and competent authorities. Operators are obliged, inter alia, to prepare, adopt, update and carry out the Major-Accident Prevention Policy (Article 7), Safety Reports (Article 9) and Emergency Plans (Article 11). The Directive prescribes operator’s obligation to carry out consultations with the employees regarding the Internal Emergency plan as well as the public authority’s obligation to announce the External Emergency plans to the public. Likewise, Seveso Directive also includes the obligations of regular practical testing of both plans. Prior to introducing the risk management system, an emphasis must be given to the state and development of the new management methods and organizations as well as the changes in industrial practice relating to risk management. Member States can prohibit the use or bringing into use of any establishment, installation or storage facility, or any part thereof where the measures taken by the operator for the prevention and mitigation of major accidents are seriously deficient (Article 17). In addition, the Directive regulates following issues: Land-use planning (Article 12), Information on safety measures (Article 13), Information to be supplied by the operator following a major accident (Article 14), Information to be supplied by the Member States to the Commission (Article 15), Inspections (Article 18), Information system and exchanges (Article 19), Confidentiality (Article 20). The authors also point out other relevant EU legislations which are of importance for chemicals, the safety of industrial plants operation, the prevention and control of accidents and industrial pollution as a whole. The last part of the paper emphasizes the importance of this issue for the Republic of Serbia and the state of conformity of the national legislation of Serbia with the relevant EU regulations. Transposing of the EU regulations into the national Serbian law system is provided by the following key laws: Law on Environmental Protection, Law on Chemicals, Law on Integrated Prevention and Control of Pollution and Law on Emergency Situations. An improvement regarding the ratification of relevant international treaties has been achieved (The Convention on the Transboundary Effects of Industrial Accidents, 1992; the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1998; The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, 1998; Stockholm Convention on Persistent Organic Pollutants, 2001). However, it is estimated that creating of adequate conditions is essential for the implementation of the subsequent regulations. This especially relates to further strengthening of the capacity of competent institutions.
Social issues, healthcare
DIREKTIVA EVROPSKOG PARLAMENTA I SAVETA 2010/53/EU O STANDARDIMA KVALITETA I BEZBEDNOSTI LjUDSKIH ORGANA NAMENjENIH ZA TRANSPLANTACIJU
European Legislation, 2012 12(39-40):353-362
Directive 2010/53/EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and safety of human organs intended for transplantation sets out a common framework in the area of quality and safety of organs of human origin. Through this common framework, the aim of this Directive is to ensure a better organ exchange between the Member States and third countries, to provide better protection for organ donors and to indirectly prevent organ trafficking. It covers different aspects of organ transplantation – organ procurement, donation, characterization of organs and donors, transport of organs, and transplantation. It sets out the obligation of the Member States to designate competent authorities to implement this Directive, transplantation centres authorisation, and conditions of procurement and systems of traceability.
European Legislation, 2012 12(39-40):363-368
After four decades, Convention on the Adoption of Children (1967) has shown some weaknesses in terms of limitation of individual solutions. This is especially evident when comparing its solutions with the practice of the European Court of Human Rights. The revised European Convention on the Adoption of Children, adopted in 2008, has a primary aim to harmonize national legislation in this area, which would be reflected in a uniform law of the European Court of Human Rights. The authors analyse the provisions of the Convention in order to show the major new items and to what extent our national laws have to comply with its provisions in case our country ratifies the Convention.
PROBLEM ARHITEKTONSKE PRISTUPAČNOSTI U EVROPSKOJ STRATEGIJI ZA OSOBE SA INVALIDITETOM ZA PERIOD 2010–2020.
European Legislation, 2012 12(39-40):369-377
In November 2010, the European Commission adopted the European Disability Strategy for the period from 2010 to 2020, which should contribute to improving the quality of life of this group of people in the EU. The main objective of the Strategy is to create a Europe without barriers for all its citizens. It provides measures to improve the participation of disabled people exercising the right to equality, labour, employment, health and social care and education. Bearing in mind that creating an accessible environment is a prerequisite for successful implementation of all other rights of persons with disabilities, the authors have paid special attention to this matter. Therefore, solving the problem of physical accessibility in the framework of the Strategy is the main subject of this paper. The authors also analyze the possibility of implementing some solutions from the Strategy to address the problem of accessibility of facilities for persons with disabilities. Although the Republic of Serbia, with the current status of a candidate country, is not required to apply the Strategy directly in its internal legislation, the implementation of some ideas would significantly increase the availability of facilities and public areas and would thus, improve the position of disabled persons in our society.
IZMENE I DOPUNE KONVENCIJE O ZAŠTITI OSOBA S OBZIROM NA AUTOMATSKU OBRADU PODATAKA (KONVENCIJA 108) SAVETA EVROPE
European Legislation, 2012 12(39-40):378-383
In this paper, the author focuses her attention to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data adopted by the Council of Europe in 1981, known also as Convention 108. Since 1981, many modern technologies have been introduced and Convention should be modernized. Thus, the Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows was opened for signature in 2001. Even more, in 2011 the Council of Europe announced that the modernization and improving of this Convention would be a priority in the next two years.
European Legislation, 2012 12(39-40):384-407
For a long time terrorism has stopped being only an internal security matter states should deal with themselves. Contemporary forms of terrorism are characterised by territorial expansion, encompassing of whole world regions, then its increase and intensification in committing terrorist acts. Financing of terrorism is a subtle process providing funds with the aim of committing terrorist activities. Today, terrorism is financed through various forms of legal and illegal business and by committing various criminal acts in the field of traditional, political and economic criminality. In the international practice, it is not unusual that terrorist acts are financed through donations by anonymous individuals and then also through some religious, humanitarian and non-governmental organisations. Although the state should be one of the basic pillars in the fight against terrorism in some cases funding of terrorists, terrorist organisation, groups and factions is also provided from government “secret funds“ instigating illegal activities of some government bodies. In this study, we have concisely presented the relevance of some forms and methods of funding of terrorist organisations. Since this is a very complex subject, in this paper, we have also mentioned some general determinants related to terrorism as well as to its distinctiveness and relevance of its connection with organised crime, cyber crime and money laundering and with some very important criminal activities through which the money gained in an illegal way is often being made legal. As could be clearly concluded from the analysis, Serbia should harmonise its legislation with the provisions of the most important European Union legal acts, which, among other things, have been mentioned in this study. In this regard, the domestic legislation should follow the European standards that prescribe special restrictive measures against certain persons and bodies in the fight against terrorism. In the way mentioned above, Serbia could contribute to the implementation of preventive and prohibitive measures preventing funding of terrorist acts not only in its region but also in the territory of the European Union and in the broader international community as well.
European Legislation, 2012 12(39-40):408-417
In search of its energy security, the European Union pursues the policy of diversification. In the gas market, the main form of this policy is devising of alternative gas pipeline projects, such as Nabucco. In this paper, we describe how the EU diversifies its gas supply in order to decrease its dependence on Russia as the biggest gas exporter. We also point to the difficulties in pursuing this policy trying to forecast the consequences of alternative pipelines construction for the gas market and cooperation among states in general.
SPORAZUM IZMEĐU KRALjEVINE ŠPANIJE, REPUBLIKE FRANCUSKE, REPUBLIKE ITALIJE, KRALjEVINE HOLANDIJE I REPUBLIKE PORTUGAL O OSNIVANjU EVROPSKIH ŽANDARMERIJSKIH SNAGA EUROGENDORF
European Legislation, 2012 12(39-40):418-426
The European Gendarmerie Force is a significant factor in the development and implementation of the EU security policy. The Treaty that has established these forces is of special legal relevance. Global challenges have affected the EU making it become involved in their resolution on a wider scale. The importance of the European Gendarmerie Force stems from this since it has integrated the civilian and military capacities of the EU and this is a pre-requisite for a successful resolution of global problems in XXI century. The Member States may have different status within the European Gendarmerie Force, but for now, full membership is reserved only for gendarmerie from the EU countries. In case Serbia becomes an EU member, its gendarmerie could become a full member of the European Gendarmerie Force. It would be very useful, because the Gendarmerie of the Republic of Serbia could get involved in the contemporary trends of resolving both local and global issues. We should not ignore the possibility of exchanging experience and meeting police officers from abroad, what would contribute to the efforts undertaken by the Republic of Serbia in stabilizing the security situation in the region.
European Legislation, 2012 12(39-40):427-437
Addressing the individual complaints to international bodies, participating in the protection of individual rights and, indirectly, the creation of law, given that the judgment passed by the European Court of Human Rights on the basis of individual complaints, are precedents that are binding on states. The procedures were conducted before the European Court of Human Rights concerning the protection of the rights of the child were numerous and the paper will provide an insight into the decision in the area of adoption of children.