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The paper elucidates the harmonisation of the domestic legislation with EU law from the scholastic and practical aspects – quo vadis? The harmonisation should enable building of a new legislation in the process of integration of the countries in the region to the EU. It will both stimulate the social development and economic growth of the region and the EU, too. Within this context, every responsible expert and scientific community of lawyers in the region should recognise and contribute to defining of the key methods and models of the harmonisation of the domestic legislation with EU law. There is a necessity to build a concept and structure of this complex and several years’ long process. Of course, the potential of various resources and EU integration policies define the concept of the harmonisation. This activity should result in making the process of acquiring knowledge on EU law and the harmonisation of the domestic legislation with EU law become gradual and economical. The author of the paper intends to incite a debate on the decades\' long complex process initiating some directions, which are a big professional and scientific challenge for lawyers in the region.

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European citizenship is one of the most important institutes in the process of creating a unified European Union. Its introduction marks a turning point in terms of relations between the two conflicting tendencies of traditional federalist aspirations and confederal idea. By accepting citizenship of the European Union the federal conception prevailed and it was the legal basis for the already existing voting rights and other rights that citizens of Member States already possessed under the auspices of the European Community. The subsequent evolution of the rules relating to citizenship of the European Union proceeded by the adoption of a huge number of different rules created by major institutions of the European Union. In addition, the use of diplomatic protection measures, as an institute of general international law, was a further step in the evolution of citizenship of the European Union in practice. This paper analyses the evolution citizenship rights in the European Union and the implementation of diplomatic protection by Member States.

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During the last decade, the issue of irregular migration has increasingly been recognized as a significant problem in the European Union. The harmonization of EU law started slowly after the adoption of theAmsterdam Treaty. Common standards and procedures to be applied in Member States for returning illegally staying third-country nationals are given and special attention is given to the protection of persons who are victims of trafficking in human beings. EU regulation is primarily focused on the border control and significant progress has been attained in this area through Frontex agency. It remains to be seen how much will be achieved in combating irregular migration through the control of the labour market. However, it could be said that significant differences are still present in laws of EU member states.

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In the system of measures of societal responses to perpetrators of criminal acts all contemporary states apply several different kinds and measures of criminal sanctions. In this way, they strive towards individualisation of a criminal sanction in accordance with the kind and extent of a specific criminal act committed by each perpetrator. They are corresponding to his psychological characteristics as well to the degree of danger caused by the extent an intensity of its effects. However, within a criminal judgement system various kinds of penalties depriving the perpetrator of his rights and freedoms guaranteed by the Constitution and laws or limiting them are those that are the most often applied. Yet, the penalty system should be harmonised in all aspects with the relevant European standards.

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Abuse of drugs is a major social problem. Firstly, in this paper will be exposed the analysis of appropriate norms of criminal legislation of the Republic of Serbia in the part relating to the sanctioning of drug abuse, since the norms of criminal law is one of the most important assets of any country in the fight against crime, to then analyzed a very important act adopted at EU level in this area. The European Parliament, on the proposal of the European Commission on 25 09. 2007. adopted a decision 1150/2007/EC establishing the program “Prevention drugs and information for period of at 2007 to 2013”. We discuss a program of general act, it is the European Parliament expressed its commitment to the continuous and systematic fight against drug abuse and informing the population of the Member States of their harmful effects and adverse effects on human health. This program provides the possibility of submitting proposals the European Commission, which could lead to the suppression effect of abuse of drugs. Such a qualitatively new way of connecting all segments of society in the fight against one so bad phenomenon, such as the fight against drugs has enormous importance for Serbia, especially since its accession to the EU’s, as its strategic orientation.

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Author’s goal in this paper was to consider legal regulation of the fraud notion in the legislation of Republic of Serbia and laws of the few EU member states, starting with policyholder obligation to inform insurer about essential circumstances of the risk at the insurance contract formation, about details important for a proper application of the indemnity rule and material interest existence on the object insured common to all insurance lines, except life insurance. Author analyses fraud as a concept of the civil law and as a reason for terminating defective contract in general, with a special view on fraud at insurance contract formation and performance. Though professional persons providing service to damaged persons may commit insurance fraud, author focuses on policyholder and insured fraud against risk carriers, i.e. insurers in line with domestic laws regulating insurance contract, whereas solutions for certain issues have been mentioned from a number of the European legal systems with view on the Draft Common Frame of Reference for the insurance contract that will become optional legal framework of insurance contract law of the EU in future. Author believes that study of the said fraud aspects represents contribution towards consideration of the domestic insurance contract law and contemporary solutions of the European insurance contract law, foreign laws on insurance contracts adopted in the first decade of this century in particular.

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Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 authentic instruments in matters of succession and on the creation of a European Certificate of Succession will be applied on cross-border matters of succession. The basic objective of this act is to regulate the succession of a deceased person by one law. If not otherwise, the law will be applied by the place of residence of the deceased person at the moment of his death. However, there is also a possibility of choice of law for a testator. Besides, this act regulates jurisdiction, while general jurisdiction is defined by the place of residence of the deceased person (testator) at the moment of his death. The Regulation creates a European Certificate of Succession as a document that will enable a certain person to prove that he is a heir, legatee, executor of a will or administrator of the estate throughout the EU. This document should contribute to overcoming problems related to possession of estate in other Member States considering that every Member State applies its own rules on succession. The Regulation defines the contents as well as all matters of issuing, validity, suspension and effects of this Certificate. The Regulation shall enter into force on 17 August 2015 and from that day issuing and use of a European Certificate of Succession will be created.

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Free movement of goods is guaranteed by the Treaties of the European Union as a fundamental principle upon which relies the European internal market. Apart from other things, the respect of this principle should enable citizens of the European Union to make gains and pleasure from the functioning of the internal market. In that sense, the Treaties of the European Union provide legal norms that should ensure free movement of goods in practice. This includes prohibition for European Union member countries to impose export or import taxes that would produce the same effect as customs. In addition, member countries are prohibited to practice tax discrimination, what involves imposing of higher taxes for goods imported from other EU member states. Quantity restrictions and government measures that would produce the same effect as quaintly restrictions are prohibited in trade among member states. Measures that produce the same effect as quantity restrictions are regarded as justified in European Union law in case member states adopt them for the purpose of protection of public morals, order or security, protection of human and animal health, plant conservation, protection of treasures possessing artistic, historic or archaeological value or yet, protection of industrial or trade property.

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In economic terms, European Union represents integration with the highest achieved degree of integration. From the original six member states, it now includes 27 member countries. The enlargement process has been carried out in different time phases. Today, when the enlargement of the Union considers the Western Balkans, Iceland and eventually Turkey, enlargement policy remains one of the key segments of action of the EU institutions. For certain country, in order to become a full member of the EU, it is necessary to meet three key criteria – political, economic and institutional. These criteria are known as the Copenhagen Criteria. The subject of this paper is an analysis of the economic criteria of EU membership. First, we present the main documents which are governing the issue of compliance with the Copenhagen criteria, and documents which are regulating Serbia’s path to EU membership. Then, we explain in detail how the European Union and the Commission as its executive body, assesses fulfillment of the economic criteria of membership. This means that the Commission bases its analysis on certain economic indicators that are listed in the paper. Based on the Commission’s assessment, the paper determines the extent to which Serbia is fulfilling the economic criteria for membership in the period till 2012. This is the last year for which Progress Report for Serbia was made as a document in which fulfillment of Copenhagen Criteria is assessed. Significance of an analysis of meeting the economic criteria of membership is reflected in the fact that this analysis provides a realistic and independent assessment of the status and trends in the Serbian economy, which are not exactly optimistic.

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Relative economic decline of the EU is a trend that lasts for more than a decade. The EU’s share of global GDP has steadily fallen since 2000 (when it was onethird) and the IMF estimates that, after a quarter of 2012, will fall to one-fifth in 2017th. The major reason for this trend is the practical decade long stagnation of the industrial production, which has reduced its stake in the cumulative GPD of EU and in the world industry. The share of the EU in global trade over the last decade has been constantly decreasing (from about a fifth to less than one sixth of the world trade) and it is estimated that this trend will continue in the medium term. The EU’s share in global FDI flows in the same period also shows a downward trend, and we have a similar medium term projections. When it comes to the development of new poles of global power, inter-polarity, an edited version of multipolarity with an emphasis on interdependence in the economic sense, is the best option for the EU. Eurozone crisis affect Serbia, among other things, through the financial sector, as banks with foreign ownership (predominantly from the EU), which hold three-quarters of banking assets, loans to the Serbian economy in an increasingly smaller scale. In addition, the inflow of FDI from the EU is strongly slowed down. The recession in the euro zone is reflected in a decline in import demand in Italy, Germany and the neighboring countries, which significantly slows Serbian exports.

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The Global Value Chains are a modern phenomenon and they are doubtless changing the structure of the international production and trade. The process of producing goods, through all phases of the production, from raw materials, through intermediaries, until they become finished products in contemporary world, can not be done or finished in only one country. Products which could be finished only in one country become rare. The process of the production has become more fragmented across borders. This fragmentation of the production process, or its slicing, has augmented in last decades and has raised the question of value added export, comparing it with the gross export value. European Union countries along with other OECD countries are pillars of that fragmentation of production and they are drivers of trading in components. Traditional statistics monitoring is no more able to give answers to the question what a real export of one country is, because it measures gross flows of goods and services every time they change the customs teritory. New statistical approach has pointed to the growing role of intermediate goods and services as contributors to export performances of countries and to a more important role of services in international trade, as well as the connectivity at the global level, which has became particularly obvious after the downturn caused by the Great economic crisis.

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Eurozone debt crisis remains the biggest threat to the global recovery. Over the last few months, important and unprecedented steps were taken in order to quell the crisis, providing much-needed assistance to the financial markets. Problems on the periphery of the eurozone, combined with effects of low growth, high interest rates, fiscal imbalances and financial pressures – are still very prominent. Restoring fiscal and financial sustainability as well as devising appropriate strategies for overcoming the crisis, despite the unfavorable economic environment, is a major challenge that requires time.

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The author’s intention is to analyze a concept of central bank’s independence, using the example of European Central Bank, which certain theorists consider as the most independent central bank in a world, making this independence decomposed on its key aspects – institutional, legal, personal, functional and operational, as well as financial and organizational independence. These considerations author concludes indicating the position of the Court of Justice of the European Union which states that neither independance of the most independent central bank in a world is not apsolute, that it is actually limited by ECB’s functions, its objectives and delegated powers. Having in mind that comprehensive analysis of central bank’s independence has to include review of central bank’s responsibility, as counterbalance of its independence – author ends this analysis with elements of this responsibility and its manifestations.

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The Council of the European Union adopted Directive 2011/96/EU of 30 November 2011 on the common system of taxation that is applicable in the case of parent companies and subsidiaries of different Member States, with the objective of exempting dividends and other profit distributions paid by subsidiary to their parent companies from withholding taxes and to eliminate double taxation of such income at the level of the parent company. In an effort to join European Union, Serbia has to take into consideration this Directive in order to harmonize national law with the Community law.

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When intellectual property is protected as intellectual capital, it allows for free and fair exchange of intellectual and creative efforts of the author’s creativity, which can be valorized compensation and recognition for intellectual creativity and practical application for the end user. In this way, trade in intellectual capital and intellectual property rights, each participant contributes and encourages new scientific discoveries. The need scientific analysis of intellectual property rights in the context of TQM indicated the validity of their synthesis, as a new concept for innovations that would ensure the competitiveness of the organization in the market, product quality, reduce costs, increase productivity and profits. Such a concept of intellectual property in TQM, change the current state of the organization, it is flexible and contributes to quality changes in the market. It is imperative there is a need of high security level of legal protection of intellectual property rights both nationally and internationally, which resulted in the adoption of a number of international agreements and conventions in the field of intellectual property protection. If one country has developed national legislation to protect intellectual property, it can accelerate the turnover of these rights and the transfer of technology and achieve a significant advantage in the sustainability of its economic growth, the presence in the international market and the competitiveness of their products and services.

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The development of new technologies in the electronic communications sector is characterized by rapid and sudden changes. In terms of legal regulation imposes the necessity of constant adjustment and modification of the order permanent harmonization. In Serbia, the process of effective market analysis is one of the most important tasks. A detailed analysis of electronic communications we are looking at three important elements: identification of operators with significant market share is determined by the regulatory obligations (in order to establish market equilibrium) and to protect the interests of end-users and other market participants. European regulatory regime for electronic communications is based on the basic concept of “Significant Market Power” (SMP), which defines the operator with a dominant position in the market of electronic communications, in one or more of the services it provides. The challenges of ex-ante regulation in the electronic communications sector in the Republic of Serbia were placed before the Republic Agency for Electronic Communications (RATEL). It is not only the perception of the market situation but also many specifics of our legal framework. Total regulation applies to harmonization with European legislation and a number of regulatory measures in this area.

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Food quality schemes are an important segment of a modern quality control system. Consumers in the EU are increasingly aware of the importance of traditional products and demand quality. In order to keep traditions alive and preserve gastronomic heritage, European institutions realised that producers of quality products should be rewarded by enabling them to communicate to consumers the characteristics of their products. This is in line with the main principles of the EU rural development policy. Regulation 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs, is a step towards centralisation of registration at the EU level, delegating to the Commission various powers, including the possibility to propose implementing directives related to the operation of the following schemes: designations of origin, geographical indications, traditional specialities guaranteed, mountain products, local farming and direct sales, island products and optional quality schemes. The Commission shall keep a register and in cooperation with national competent authorities and certification bodies play a key role in the system of registration and oversight of quality schemes for agricultural products and foodstuffs.

Abstract ▼

The production and consumption of plant and animal products play a very important role in the Community. Regulation (EC) No 396/2005 set maximum residue levels (MRL) of pesticides for foodstuffs intended for human or animal consumption in the European Union, and directly concerns public health and is relevant to the functioning of the internal market. The general maximum pesticide residue level in foodstuffs is 0.01 mg/kg. This general limit is applicable in all cases where an MRL has not been specifically set for a product or product type. Moreover, in some cases, provisional MRLs may be set and listed separately. Products which do not comply with the fixed limits may not be diluted except in the case of certain processed and/or composite products listed by the Commission. Also, certain substances listed by the Commission may be authorized, under specific conditions, even if they exceed their MRL, while on the other hand, certain active substances are not subject to any residue limit, because no MRL was considered necessary. This Regulation establishes the procedure for MRL applications. In Serbia MRL for pesticide residues is determined by a special by-law act.

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The paper highlights the importance of the soil policy and law in the European Union and the Republic of Serbia. The paper starts with the assessment of the condition of the soil in Europe and the causes and consequences of soil degradation. It is emphasized that policy and regulations of the European Union in the field of soil have not been adequately developed. Therefore, for the consideration of the situation in this area there should be taken into account numerous others EU legislations in the field of the environmental protection, which are important for the soil protection. There have been especially perceived objectives and content of the measures prescribed by the EU Thematic Strategy for Soil Protection (2006) and Proposal for a Directive of the European Parliament and of the Council establishing a framework for the protection of soil and amending Directive 2004/35/EC. The importance of EU legislation in the area of soil protection for the Republic of Serbia is considered within the context of two factors: the current state of soil resources and the status of national law and the obligation of the Republic of Serbia to harmonize national legislation with the EU’s. From the normative point of view, several groups of Serbian legislation contains provisions that are important for the protection and management of the soil (water, forests, agriculture, urban planning and construction, mining and geological research, industrial pollution, air protection, chemical management, waste management, etc). In recent years significant progress has been made in respect of harmonizing national legislation with the EU, but there are significant problems in its implementation.

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Respecting fundamental standards of keeping and taking care of wild animals in zoos is significant from the aspect of animal welfare in general, as well as in the context of conservation and improvement of biological diversity, especially of some particularly endangered species of wild fauna. European Union arranged this issue in 1999, in the form of a special Directive, which prescribes minimal requirements for the functioning of zoos, the process of issuing and revoking of license for their work, conditions and modalities of their supervision, as well as the steps that member states are supposed to take in order to improve the state in this field. Although it has not yet obtained the status of the European Union Member State, the Republic of Serbia has been mentioned several times in the reports of European Association of Zoos and Aquaria. Besides, some animal protection organizations have been trying to draw public’s attention to certain problems regarding the functioning of these institutions in our country. That is the reason why being familiar with and implementing this Directive, in spite of the fact that it is not obligatory for our country, may significantly contribute to the harmonization with European criteria in this field. Having that in mind, the author briefly presents the contents of the European Council Directive on Keeping of Wild Animals in Zoos and compares it with corresponding normative framework in the Republic of Serbia. The author also attempts to identify the most serious problems that exist in our country when it comes to protecting welfare of wild animals in zoos, as well as to suggest ways to solve them in accordance with European standards.

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Achievement of balanced regional development is one of the key issues faced by the European Union. Since the establishment of the common market and its positive development effects on the Community as a whole, also appeared a number of negative effects on its parts among this is the fact that the economic growth didn’t take place at the same pace. As a result, already in the 1960s, many EU countries have adopted their own regional development policies, and the importance of regional policy in improving the economic, social and territorial cohesion among member states has became greater over time. Harmonization with the EU’s regional policy for Serbia as a candidate for membership is necessary, and the obligation to define the regions in accordance with the NUTS nomenclature has been taken by the Stabilisation and Association Agreement, which asks from Serbia for the submission of data on the GDP per capita to the European Commission, harmonized at NUTS 2 level for a period of four years. The essence of this requirement is not in decentralization and the creation of political regions, but it aimes only at statistical regionalization of the country’s territory in order to provide unified information on the development of the regions in order to efficiently allocate the pre-accession funds, and in the future potentially the EU structural funds.

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This article deals with process of decentralization of Kosovo from 2008, after its self-proclaimed independence. In that sense the author analyzes the evolution of the idea about the protection of the ethnic communities in Kosovo based on the principles of local self-government and decentralization. He points that ethnic homogenization of Kosovo from 1981, and first protests of the Albanians in former Yugoslavia, results by de facto parallel life of local Albanians and Serbs. So, he analyses Comprehensive Proposal for the Status of Kosovo from 2007 (Martti Ahtisaari plan), constitutional and law frameworks on local selfgovernment in Kosovo and Agreement between Belgrade and Priština on establishing of an Association/Community of the Serb majority municipalities in Kosovo (2013). The author concludes that bettering of the Belgrade-Priština relations is crucial for the fastening of the EU integrations of the region of Western Balkans and promotion of the new relations between two sides.

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The issue of fundamental rights in Serbia is particularly sensitive. Speaking with the words of European Commission: “The legal and policy framework for human rights and the protection of minorities in Serbia is, overall, in line with European standards”. However the Commission has also stated that, regarding those rights, the “implementation of the legislation needs to be stepped up”. This problem of an insufficient “implementation” is a fundamental problem of Serbian legal system which overhauls daily politics and political consensus of the ruling parties. It is rather a structural problem which is deeply connected with the transfer culture of the Serbian legal system and society in general. The provisions which provide fundamental rights are neither introduced nor implemented within the broader social framework. In the contrary, the fundamental rights provisions have been transplanted from the foreign legal system without any sense for local, culturally determined tasks and problems, and without a consciousness for the content of introduced guaranties in their original social framework. Therefore there are many fundamental rights (freedom of science, autonomy of universities) which live rather only in books, than in action. Some well-known fundamental principles, as the one of equality, are also not taken seriously. Irresponsibly enough, the equality is introduced only in such aspects, which have been a part of classical discussions and works in the Western societies. On the other side, specific problems of equality in the Serbian society, being not introduced in the Western literature, are overseen or simply ignored. The fundamental guaranties are rather accepted as some uncrackable foreign codes than as vivid concepts which may improve the social welfare and the quality of the personal life.

Abstract ▼

Respect for human rights is essential in the work of all international organizations. But not all international organizations have an adequate system of accountability when it comes to such an important and fundamental issue. The establishment of independent mechanisms for determining the external accountability of international organizations is seen as key to ensuring respect for human rights. With this in mind, and in the context of the Kosovo experience, the European Union established a ‘Human Rights Review Panel’. This body is addressing complaints about alleged human rights violations by the EU’s rule of law mission to Kosovo, EULEX, in the conduct of its executive functions. This paper investigates the importance of the Human Rights Review Panel as the first, and only, independent accountability mechanism that is addressing the allegations of violations of human rights by the mission, which is working within the EU’s Common Security and Defence Policy. The paper also aims to point out the shortcomings in the work of the Panel.

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The first Conference of Ministers in charge of the media and new communication services in member states of the Council of Europe took place in Reykjavik (Iceland) at the end of May 2009. On that occasion, one political declaration and several resolutions MCM (2009) 011 were adopted. In this way, grounds were set for the new role of the media at the beginning of the third millennium. Standards set in this manner oblige all member states of the Council of Europe, including the Republic of Serbia. They are based upon the requests accepted in Council of Europe White Book on Intercultural Dialogue, adopted in Strasbourg in May 2008. This book represents another contribution to the promotion of intercultural dialogue, which contributes to the essential cause of the largest regional organization – the Council of Europe – protection and promotion of human rights, democracy and rule of law. This concept of promoting awareness, comprehension, peace and tolerance, as well as the preventing any kind of conflicts and achieving stable integration and cohesion in every society, was actually established in 2005 on the Third Summit of Heads of State and Government of Council of Europe Member States. These established goals were confirmed later in the same year in the Faro Declaration on the Council of Europe’s Strategy for Developing Intercultural Dialogue, adopted by Member States’ Ministers of Culture. Just like the traditional media, new providers of mass communication services that are similar to the media (electronic media, internet and other forms of computer and internet technologies) are supposed to support the improvement and the respect of fundamental human and social values. New modalities of creating the contents, the expression, the seeking and the dissemination of information in the sphere of mass communication may enhance but, at the same time, challenge fundamental rights and freedoms. Existing media standards that were developed for traditional forms of mass communication can also be applied on new services and on the providers of new media services (including their rights, duties and responsibilities).

Abstract ▼

Audiovisual Media Services Directive (AMSD) is the major European media regulatory document. AMSD sets guidelines for the development of modern audio-visual media services and determines the direction of their regulation in the digital technology era. AMSD is mandatory regulatory document for the Member States of the European Union and countries in transition. The purpose of AMSD is determined by the interest of the EU member states to develop models of the establishment and functioning of the common market in the European Broadcasting, enabling the removal of barriers between member states for the free movement of audiovisual media services and establish a system that ensures that competition in the common market is undisturbed. Implementation of the AMSD’s provisions in the Serbian media regulation has special significance, because of standardizing the incomplete regulated area. It is primarily introducing and the legalization of new audio-visual media services on demand, which are provided primarily through the Internet, and the formal separation of providers of audiovisual media services and television broadcasting networks operators, which can be arranged and conducted in accordance with the law. The strategy of the future development of the media system of Serbia and its regulation should be focused on the new challenges of the digital era, in order to establish a stable regulatory framework in line with market and democratic principles. Therefore, the provisions of AMSD should be applied in the new regulatory documents such as media strategy and new media laws.

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Large number of existing archaeological sites are endangered by development of urban and rural infrastructure and other construction works. With disturbance of stratigraphy of the ground and damaging of construction elements, the readability of archaeological remainings and, therefore, possibilities for scientific research are compromised. Such damage can lead to irreversible loss of precious data and valuable artifacts from the past. Preventive archaeological research today is an obligatory element and precondition to realization of infrastructural and construction work of larger scales in most of the countries of European Union. One of the examples is France that regulated this issue through legislation and institutions by adopting the Law on preventive archaeology in 2001. In the same year National Institute for Preventive Archaeology of France (INRAP) is established. This article presents the analyses of valuable and applicable solutions of above mentioned Law, as well as comparison with Law on Cultural Heritage from 1994. Analyze will present the level of effectiveness of legislation in two countries, primarily concerning development of research in the field of preventive archaeology. It will also present the effects which preventive archaeology has on development of archaeological science as independent scientific branch, as well as influences on protection, preservation and presentation of cultural heritage.