European Legislation Journal Archive

European Legislation Vol. 14 No. 49-50/2014


Redakcija časopisa
European Legislation, 2014 14(49-50):9-12


Miloš Jovanović
European Legislation, 2014 14(49-50):13-27
Abstract ▼
The 2014 elections for the European Parliament are an important moment in the European integration process. This article argues that the nomination of candidates for the presidency of the European Commission by political parties at the European level – and its acceptance by the European Council – will inevitably lead to a higher degree of politicisation of the EC. If it is a positive step in order to abate the “democratic deficit” of the European Union, such a procedure and its consequences raise, nevertheless, some fundamental issues about the possibility of a true European political space and the appliance of the majority principle in the context of absence of an European demos. Therefore, what has been presented as a major step towards democratisation of the EU could be the catalyser of inherent contradictions of the European integration process.
Slobodan Zečević
European Legislation, 2014 14(49-50):28-50
Abstract ▼
Elections to the European Parliament in May 2014, may represent an institutional precedent in the development of the European Union. European political parties represented in the European Parliament for the first time on the eve of the election nominated its candidate for President of the Commission. The European Parliament has managed to impose European Council the nomination of Jean-Claude Juncker (Jean-Claude Juncker) as candidate for presidency of the European Commission, as the leader of the federation center-right parties that won the most votes in the parliamentary election. Democratically elected President of the Commission should have a stronger role in determining and leading the policy of the Commission, a greater influence in the selection of commissioners and greater political accountability for the European Parliament. The way that happened European parliamentary elections in 2014. actually contributes to the growth and influence of supranational democratic institutions within the institutional system of the European Union.


Bojan Milisavljević, Saša Varinac
European Legislation, 2014 14(49-50):51-66
Abstract ▼
Within the process of accession of the Republic of Serbia to the European Union, harmonization with EU acquis in the field of public procurement is contained in the Negotiation Chapter five of Public Procurement. As a candidate country the Republic of Serbia is obliged to completely harmonize its legislation in the field of public procurement with relevant EU acquis as well as to ensure its full implementation at all levels, from the Republic to the local one. Harmonization of the national legal framework with European Union acquis will be conducted in such a way that will secure adjustments with new European Union Directives in the field of public procurement along with the adequate time needed for all subjects in the public procurement system to adjust and that will eliminate all unnecessary administrative requirements and obstacles that have negative influence on the efficiency of public procurement procedures.
Vuk Raičević
European Legislation, 2014 14(49-50):67-78
Abstract ▼
The Republic of Serbia’s Notary Law was presented to the public in 2011, but remained out of force for almost 3 years. Finally, the National Assembly adopted the Law on 31 August and it came into force on 1 September 2014, which was the first day of work for 92 public notaries. This article represents a review of the definition, scope of work and duties of these new public servants, especially their significance for economy and business as well as a short analysis of notary practices in the neighboring countries and the first experiences of Serbian notaries. Last, but not least, introducing the public notary service stands strongly in line with the Serbian EU integration processes, especially bearing in mind the early opening of Chapters 23 and 24.
Dragan Jovašević, Srđan Aleksić
European Legislation, 2014 14(49-50):79-102
Abstract ▼
By the accession to the European Union the Republic of Serbia should as much as possible harmonise its legislation with relevant European standards. This is especially prominent in the field of achieving economic and financial interests of the European Union and some of its member states. In that regard, a number of European documents provide for minimum rules for its member states considering the establishment of financial and primarily tax discipline. It is understandable because the efficient functioning of the financial system depends on the efficient, legal, high-grade and prompt tax collection and charging of other revenues. Actually, the paper analyses tax crimes provided by the Republic of Serbia’s legislations and their harmonisation with European standards.
Dejan Milenković
European Legislation, 2014 14(49-50):103-124
Abstract ▼
Personal data protection is an integral part of the corpus of the right to privacy, as a human right. As such, it is guaranteed in the Charter of Human Rights of the EU through the right to respect for private and family life and protection of personal data. Standards of protection of personal data, as a subjective, personal right of citizens, were determined at the level of the EU Directive 95/46 EC. Progress in modern information and communication technologies caused further development and improvement of these standards through other later EU directives. The importance of this right for the EU is also demonstrated in the fact that already in 2012 the Proposal of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data was prepared and it will soon replace Directive 95/46 EC. Therefore, in the near future, data protection will no longer be a question of harmonization, but the field of direct implementation of the of EU legislation. According to the European Commission reports on Serbia\'s progress, the Serbian Law on Personal Data Protection (2008) was in several occasions evaluated only as partially harmonized with Directive 95/46/EC and with later EU legislations. After the entry into force of the SAA, the Republic of Serbia has an obligation for harmonization. In this paper, the key shortcomings of the legislative framework within this area in the Republic of Serbia are presented and recommendations for their resolution are provided.
Vladimir Čolović
European Legislation, 2014 14(49-50):125-141
Abstract ▼
Regulation EU No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters defines the rules of jurisdiction and also of disputes relating to consumer contracts. In the same way, these matters are regulated in the previously issued documents, such as the Brussels Convention from 1968., Council Regulation No. 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters and in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters from 2009. Although in the meantime, several acts which regulate consumer protection passed, the provisions on jurisdiction in this area have remained the same. Regulation 1215/2012 primarily defines that consumer contracts cannot be concluded by consumers for the purpose of conducting economic or professional activity. This act defines these contracts. Except that, Regulation 1215/2012 applies to the cases where a party has a branch or a representative office in the State. Namely, where a consumer enters into a contract with a party who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State. Regulation 1215/2012 defines that a consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled. Also, Regulation 1215/2012 defines the possibility of deviation from its provisions by agreement, which must be concluded after the dispute has arisen. This agreement must allow to the consumer to bring proceedings in before a court other than the court which is defined by the Regulation 1215/2012. Regulation 1215/2012 defines the rule of general jurisdiction, which is determined by the residence of the defendant in a Member State, irrespective of his nationality, which means that it can be sued in that member state, which also applies to disputes concerning consumer contracts. This paper presents the provisions of the Draft Act on Private International Law of the Republic of Serbia, which defines the jurisdiction of domestic courts in disputes arising from consumer contracts. By the rules of this Draft, jurisdiction shall exist, if the contract was concluded with a person who, at the time of conclusion of the contract, performs professional or commercial activity in the Republic of Serbia or directs such activities to the Republic of Serbia or to several countries including the Republic of Serbia, and the contract falls within the scope of this activity. If we talk about the dispute between the consumer and the merchant, the domestic court will have jurisdiction when the consumer is habitually a resident in the Republic of Serbia. However, if we talk about the dispute of the merchant against consumers, who have residence in Serbia, the domestic court has an exclusive jurisdiction.

Economy, competition and entrepreneurship

Sanja Filipović, Miroslav Antevski
European Legislation, 2014 14(49-50):142-156
Abstract ▼
The EU industrial policy (chapter 20) has the aim to improve competitiveness by speeding up the adjustment to structural change encouraging the establishment of an environment which is favourable for business creation and growth as well as domestic and foreign investments. EU acquis communautaire in the field of industrial policy mainly consist of policy principles and industrial policy communications. The aim of this paper is to determine whether Serbia meets these conditions or whether it has all the elements to define the negotiating position of the particular chapter. Serbia has adopted a relevant strategic document and the Action Plan, which are in accordance with the EU, integrated industrial policy and objectives of the EU strategy EUROPE 2020. It makes an integral part of enforcing the process of overall structural reforms in the country and it is based on enforcing the principles of the Lisbon agenda. The Small Business Act has been implemented and the Law on Limiting Payment Deadlines entered into force. As the chapter 20 is one of easier chapters for negotiation and so far, no Member State with which the negotiations has been completed failed to ask for interim periods or special agreements under this chapter; it may be concluded that Serbia is on a good way to close the negotiations for this chapter. However, what is more worrying is competitiveness of the national industries and improving the business environment.
Goran Nikolić
European Legislation, 2014 14(49-50):157-167
Abstract ▼
Secular stagnation refers to a situation in which negative real interest rates are needed to equate saving and investment with full employment. We can certainly see the trends in the Eurozone where six years after the crisis, recovery is still anemic despite pursuing of the expansive monetary policy. After real growth in the euro area of 2.3% in the period 1995-2007, the average GDP growth of only 1.7% is estimated in the period 2014-2030. Having in mind that recent referent projections (IMF, EIU) for real GDP growth are only 0.8% in 2014 and 1.2% in 2015, these projections are perhaps optimistic. The real concern is slow growth in the decades to come. Main four barriers to growth are demographics, education, inequality, and government debt. Namely, rising dependency ratios, tougher financial regulation, debt overhang, and poor productivity growth are exerting downward pressure on economic growth and equilibrium real interest rates. In spite of that, there is a significant scope to increase the efficiency of financial intermediation in the euro zone and that the potential for structural reforms remains much greater than in other advanced economies. We need policies that stimulate productivity growth and raise labor-force participation by boosting persistent investment demand. It is important to conduct a prolonged countercyclical fiscal policy and revise the European Fiscal Stability Treaty.
Slaven Savić
European Legislation, 2014 14(49-50):168-184
Abstract ▼
In recent time, distance selling becomes increasingly important in everyday business. But, it carries certain legislation traps. Although distance selling seems interesting for consumers, a very important question is to ensure fair commercial practice. This paper will do a detailed analysis of the EU legislation of distance selling as well as the legislation of this kind of trade in United Kingdom.
Ivana Rakić
European Legislation, 2014 14(49-50):185-195
Abstract ▼
This paper provides a short review of the rules on leniency program in European Union competition law. The author points out that the new Commission Notice on Immunity from Fines and Reduction of Fines in Cartel Cases has been focused on providing greater transparency and predictability and that recent amendments are intended to improve the efficacy of the leniency programme and thereby, to make exposing a cartel increasingly attractive for cartel participants. The revised Leniency Notice clarifies the information an applicant needs to provide to the Commission to benefit from immunity and also the conditions for immunity and reduction of fines.


Dobrica Vesić
European Legislation, 2014 14(49-50):196-208
Abstract ▼
The capital market is of great importance not only for the development of financial markets, but also for the development of the overall economy. In the capital market trading is done by using the following financial instruments: transferable securities (stocks, bonds, and other forms securitization debt, including depositary receipts), treasury bills, treasury bonds and commercial papers, certificates of deposit and financial derivatives (futures, options, swaps). In the legal and economic theory, there are many classifications of capital markets depending on which criteria is based in classifications. The two primary classifications are as follows: (1) according to the primary and secondary capital markets; (2) according to the criteria of the market; In the European Union there is a special classification of the capital market by strictly defined rules. Serbia is very important development and primary capital market (broadcast property and debt securities) and secondary capital market (stock market trade, regulated OTC trade and free trade off). The market is under the legal supervision of the public capital markets and those that are under the legal supervision of the non-public capital markets.
Vladana Petrakis
European Legislation, 2014 14(49-50):209-223
Abstract ▼
The European Commission proposed the Directive on Credit Agreements for Consumers Relating to the Residential Immovable Property, more commonly referred to as the MCD, on 31 March 2011 for the adoption through the codecision procedure. After the first reading agreement, the Mortgage Credit Directive was published in Official Journal on 28 February 2014. The Directive known as Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on Credit Agreements for Consumers Relating Residential Immovable Property and Amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No. 1093/2010 will take effect 20 days after its publication date and Member States will have two years to implement it. This means that the deadline for its implementation will be 21 March 2016. The objectives of this act are to create efficient and competitive single market for consumers, creditors and credit intermediaries with high level of consumer protection and to promote financial stability by ensuring that mortgage credit markets operate in responsible manner. Most of the Directive provisions concerns setting the minimum regulatory requirements that member states are required to meet in order to protect consumers taking out credit agreements secured against the borrowers and also any other lending where the purpose is to acquire or retain property rights. One of the most significant new changes is the introduction of a new disclosure called the European Standard Information Sheet (ESIS). Lenders and credit intermediaries will have to provide personalised information to consumers using ESIS. The purpose of the ESIS is to allow consumers to compare calculation of interest rates, repayment methods and early repayment. Understanding the pre-contractual information is probably the most fundamental element affecting consumers’ financial decision-making procedures. Therefore, the existence of a clear, comprehensive and understandable standardised information sheet containing the main features of mortgage loans is essential for customers to take informed decisions and is necessary for the comparative exercise of the different offers available in the market. This Directive requires from Member States to guarantee the right of borrowers to repay their mortgages before the end of the contract. The Directive will ensure that, when an offered mortgage credit contract is denominated in foreign currency, the borrower is made aware through information and personalised explanations of the related currency risks and the effects there of on the cost of their loan. If a credit agreement relates to a foreign currency loan, Member States must ensure that the consumer has the right to convert the credit agreement into an alternative currency under specified conditions, or that there are other arrangements in place to limit the exchange rate risk to which the consumer is exposed. Domestic solutions cannot solve the problems in the market and common standards across the EU are necessary to promote an efficient and competitive single market for residential mortgages with a high level of consumer protection.
Jasmina Vukotić
European Legislation, 2014 14(49-50):224-242
Abstract ▼
This paper presents the provisions of Solvency II relating to the taking-up of insurance and reinsurance business and the conditions governing business of the insurance and reinsurance undertakings. The taking-up of the business of direct insurance and reinsurance shall be the subject of prior authorisation and it shall be sought from the supervisory authorities of the home Member State. This authorisation shall be valid for the entire Community and it shall permit insurance and reinsurance undertakings to pursue business there, that authorisation covering also the right of establishment and the freedom to provide services. The Solvency II also stipulates the conditions for authorisation which the home Member State shall require for every undertaking for which authorisation it is sought. As for the conditions governing business, there will be analysed the system of governance in the light of the requirements of the Solvency II. All insurance and reinsurance undertakings shall have an effective system of governance in place, which provides for sound and prudent management of the business. That system shall at least include an adequate transparent organisational structure with a clear allocation and appropriate segregation of responsibilities and an effective system for ensuring the transmission of information. Also, the system of governance shall be proportionate to the nature, scale and complexity of the operations of the insurance or reinsurance undertaking.
Slobodan Jovanović
European Legislation, 2014 14(49-50):243-257
Abstract ▼
In this paper, the author analyses the legal approach in regulation of the inland insurances in the Serbian and selected comparative laws of the EU member states. Mandatory insurances, marine and aviation insurances that are regulated by special laws, including personal lines have not been the objects of observation in this paper. Taking into account insurance classification for non-life and life insurance, the author has analysed voluntary, inland, non-life insurances. In line with the above, the author has analysed those inland insurances that he has believed that should be regulated by the Serbian law. The reasoned suggestions for amendments of the existing regulatory framework and the contract law of the voluntary inland insurances are given in the paper using the comparative method and the synthesis of the legal solutions from the foreign jurisdictions. The results of the author\'s research show desirable direction of the Serbian insurance law reform in the Draft Civil Code of the Republic of Serbia.
Predrag Mirković, Marko Konjikušić
European Legislation, 2014 14(49-50):258-272
Abstract ▼
A Fiscal Council could be an institutional response to the fiscal crisis. In the outgoing fight for the reduction of the budget deficit, spending resources control and achieving fiscal discipline, governments have used fiscal rules as a mechanism for the implementation of appropriate fiscal policy. However, in the last few years it has been recognized that the problems that exist in the area of fiscal policy can be solved only by fiscal rules, because it is proved that the same rules are not well adapted to the needs of the system or the practice has shown that the rules are very often violated. The answer to the growing government debt, indiscipline in fiscal policy, increasing budget deficit the experts have found in creating a fiscal institution to deal with these problems. The idea is to apply the problems that existed in the area of monetary policy and the solutions in this segment in the fiscal policy. The institutional solution is manifested in the establishment of a Fiscal Council as agency that could in the future become an independent fiscal institution, counterpart to the central bank in the monetary sphere. The potential role, objectives and targets of the Fiscal Council are being pointed to in the paper. Nevertheless, the subject of the analysis is achieving work independence of this council as well as policy implications that are linked with the process. In writing this paper mainly foreign data source were used because this subject is not much discussed in our scientific community.
Olja Jovičić, Spasenija Ožegović, Dragana Šarac
European Legislation, 2014 14(49-50):273-287
Abstract ▼
The customs policy represents one of the cornerstones of the European Union, with the key role in creating the single market and common economic policy of all EU states. This policy defines common obligations in functioning on the external and internal borders of the Union by creating common regulations flows and taxing of goods, by respecting all requests regarding sustainable environment, cultural values, and avoiding money frauds, terrorism and organised crime. The results gained by our researches point out to the fact that until recently, the main role of the customs has been fiscal, this including collection of taxes and indirect export taxes, while the today the main role of customs is primarily in fostering trade and protection the interests of the European Union and its citizens. Customs administrations of the Union members are implementing the EU policy in every segment related to international trade, which implies upgrading the customs system and its procedures by introducing new modern information systems which will improve and foster international trade of goods and services and ease flow of capital. Having in mind that successful cooperation with customs is of crucial importance for further development and integration of postal traffic into the European and global postal trends, this paper sets the framework for further research focused on cooperation between postal operators in Serbia with customs administration in Serbia and in other European Union members emphasizing the level of liberalisation, deregulation and harmonisation of regulations, barriers and developing different modes of overcoming these barriers from different stakeholders in postal services as the area of services of general interest.


Dušan Dabić
European Legislation, 2014 14(49-50):288-306
Abstract ▼
The Regulation (EU) No 1305/2013 lays down general rules governing the Union’s support to rural development, financed by the European Agricultural Fund for Rural Development (“the EAFRD”) and established by the Regulation (EU) No 1306/2013. It sets out the objectives to which rural development policy is to contribute and the relevant Union priorities for rural development. It outlines the strategic context for the rural development policy and defines the measures to be adopted in order to implement the rural development policy. In addition, it lays down rules on programming, networking, management, monitoring and evaluation on the basis of responsibilities shared between the Member States and the Commission and rules to ensure coordination of the EAFRD with other Union instruments (Аrt. 1). The Regulation declares its three main objectives: fostering the competitiveness of agriculture; ensuring the sustainable management of natural resources, and climate action; achieving a balanced territorial development of rural economies and communities including the creation and maintenance of employment (Art. 3). Due to the urgency of preparing the smooth implementation of the measures envisaged, this Regulation entered into force on the day of its publication in the Official Journal of the European Union.
Ivana Rakić
European Legislation, 2014 14(49-50):307-317
Abstract ▼
This article aims to provide an overview of the sector of organic wine production in the European Union. New EU rules for “organic wine” establish a subset of oenological practices and substances for organic wines and represent a solid basis for further development of the organic wine sector. Although the new rules are a good political compromise about the level of sulphites reduction in organic wine, they offer a clear benefit to consumers and have the advantage of improved transparency. As of August 2012, organic wine growers can use term “organic wine” on their labels with the EU organic logo replacing the label “wine made from organic grapes” for products produced before 31 July 2012.

Science and technology

Spasenija Ožegović, Dragana Šarac, Nevena Vidanović
European Legislation, 2014 14(49-50):318-332
Abstract ▼
This paper includes the research of users’ needs for information society services, i.e. e-government on the basis of historical, cultural and economic ties in the territory of former Yugoslavia and the new trends in e-business and digital data transfer. It defines a functioning legal framework and economic viability for introduction of these services, and all this from the point of participation of post in the electronic market.

Foreign policy

Nevena Stanković
European Legislation, 2014 14(49-50):333-346
Abstract ▼
In the process of European integration and in accordance with the European Union enlargement policy states should gradually harmonise their foreign policies with the EU. In the case of the Republic of Serbia we often hear criticism that its foreign policy is not harmonised with the EU and that in this way, it does not sufficiently show willingness to become a “sincere” member of this community, what causes mistrust with its European partners. However, before we accept the thesis that Serbia has not sufficiently harmonised its foreign policy with the EU we should give an answer to the questions what EU foreign policy is at all and to what extent its members states themselves manage to make a compromise in this field. Also, it should be determined in what Serbia\'s different positions concerning some foreign policy matters differ from any other EU member state when it is not a part of the compromise which is necessary in order to adopt common decisions in the EU foreign policy. The main thesis in this paper is that Serbia harmonises its foreign policy sufficiently not jeopardising its European integration as well as that there is no reason for mistrust with its European partners. The main indicator for such a thesis is the United Nations where Serbia mostly votes like the EU as well as that it joins in imposing sanctions to third states against which the EU does so. The field where Serbia\'s foreign policy is not harmonised with the EU are its foreign policy priorities and it is not unusual that a state uses its “free” space until it becomes a full member of the EU. In the same way, based on the co-operation between EU member states and PR China, it will turn out that member states cannot adjust their foreign policies towards this country. This argument will show that when they have foreign policy priorities like Serbia EU member states prevent a compromise to be reached as the only way to take an EU foreign policy position.
Slobodan Janković
European Legislation, 2014 14(49-50):347-358
Abstract ▼
Serbia is a candidate country in the process of EU integration. If it wishes to become a full member must align with the Common Foreign and Security Policy (CFSP). This is one of the accession criteria. The author examines possible alignment of Serbia with the European Mediterranean and Middle East Policy. In order to do that it presents the recent history of the EU engagement in the region and the current strategy and policy of the EU in the region. The CFSP policy shows a lack of coherence and functionality in the mentioned region. That is why it is hard to define in detail with what Serbia should harmonise and align at all.

Security policy

Duško Dimitrijević, Ivan Dujić
European Legislation, 2014 14(49-50):359-369
Abstract ▼
In this paper, the author analyzes the structure and mission of the European Defence Agency. The mission of the the European Defence Agency is to support the Council and the Member States in their efforts to improve the European Union’s defence capabilities in the field of crisis management and to sustain the Common Security and Defence Policy (CSDP). The Agency acts are under the authority and the political supervision of the Council. Each year, the Council issues guidelines for the work of the Agency, notably with regard to its work programme and the financial framework of the Agency. The Agency reports regularly to the Council on its activities.
Milan Lipovac
European Legislation, 2014 14(49-50):370-376
Abstract ▼
Serbian Minister of Defence Nebojša Rodić and High Representative of the European Union for Foreign Affairs and Security Policy Catherine Ashton (who is also the Director of the European Defence Agency), signed the Administrative Arrangement between the Ministry of Defence of the Republic of Serbia and the European Defence Agency in Brussels on 13 December 2013. In this article, the author analyzes the importance, role and perspectives of the European Defence Agency and the “emerging European defence market” in the Serbian export of defence industry products.

Social policy

Žaklina Novičić
European Legislation, 2014 14(49-50):377-393
Abstract ▼
Considering a short overview and analysis of comparative practice in representative EU member states it can be said that EU member states have opened large areas of public services for employment of non-residents that are at the same time citizens of some other member states, i.e. EU. In some of them citizenship is a conditio sine qua non for the access to public services, which is regulated by national constitutions. In some states national laws have been duly and successfully harmonised with the European legislation in the field of free movement of persons. In some other states, in spite of the adaptation at the legislative level the access of non-resident to national public services is still prohibited at the administrative practice level. There are still numerous difficulties concerning administrative convergence at the European level, this primarily resulting from the importance of the state administration and public services for the state sovereignty. The difficulties that are also present at the administrative practice level are reflected in insufficient information on the activities mentioned above, language barriers, difference in the levels of administrative practice and cultural perception, etc.
Ana Čović
European Legislation, 2014 14(49-50):394-403
Abstract ▼
This paper will analyze legal regulations in the field of adoption in Sweden, with reference to the position of LGBT population in this area. At the international level, this area is governed by the Hague Convention on Protection of Children and Cooperation in inter-country adoption which is ratified by Sweden. Sweden is the country with the largest number based international adoptions per capita. For this reason, it is interesting to see what kind of trend has been present in this area in the last decade and what the reasons are for such a high rate based adoptions.
Darko Golić
European Legislation, 2014 14(49-50):404-419
Abstract ▼
Inter-municipal cooperation in France is characterized by abundance, a larger number of forms, numerous functions, comprehensive legal regulations as well as a significant integrating effect in conditions of fragmented local government in the first instance and functional defects of higher instance. By integrating the functions of development and spatial planning and many public services, it represents supplement to the local administrative system, i.e. a certain form of territorial reform that is not achieved by imposing from the central level, but through municipal cooperation or is to a greater or lesser extent, channelled or restricted by specific legal intervention such as the mandatory of inter-municipal jurisdiction, regulation of organizational forms, by requesting certain democratic legitimacy and a system of financial incentives. The French example of intermunicipal cooperation can serve other states to enforce a territorial reform in the political “painless” way.
Dalibor Kekić, Dane Subošić
European Legislation, 2014 14(49-50):420-430
Abstract ▼
The European Union has a very limited direct role in sports. The European Commission is composed of Directorates-General and several departments. Within the Directorate-General Education and Culture is the Sport Unit, which is responsible for the following main areas: cooperation within the Commission and with other institutions on sport-related issues, cooperation with national and international sports institutions, organisations and federations, bilateral meetings with sports institutions and organisations and international sports federations. One of a few specific measures in sports was taken by Decision No. 291/2003/EC of the European Parliament and of the Council of 6 February 2003 that established the European Year of Education through Sport 2004. The activities and initiatives undertaken during 2004 were organised at the Community, transnational, national, regional and local level and were sometimes co-financed by the Community. Activities compromised, for instance, the financial support for transnational, national, regional or local initiatives to promote education through sports. Although not directed specifically at sports, many of the rules, policies and programmes of the European Union have an impact on the sports in the world or are of interest to it. The common market of the European Union creates the right for any EU citizen to move and work freely in another member state. The landmark Bosman ruling confirmed that this right, when applied to professional athletes, forbade nationality quotas in sports leagues that affected EU citizens. This has changed the face of professional sports in the EU, with top teams now collecting talents from all over Europe and sometimes even fielding teams with no domestic players at all. The European Capital of Sport is a city designated by the ACES (European Capitals of Sport Association) since 2001 for a period of one calendar year during which it organises a series of sport events with a strong European dimension.

Human rights

Ivona Lađevac
European Legislation, 2014 14(49-50):431-444
Abstract ▼
Like other membership candidate countries, Serbia began its road to EU membership through the Process of Stabilization and Association. Although at some phases Serbia faced serious obstacles, PSA was finally successfully completed and Serbia eventually started negotiations for joining the EU. At the Copenhagen Summit in 1993, the European Council set certain criteria that each candidate country should fulfil in order to become a member of the EU. One of those criteria was adjusting the internal legislation to the EU’s legislation. Unlike former communist countries, human rights legislation in Serbia was set along with the international accepted legal standards, thus, major interventions in this area were not necessary. Still, along with the EU requirements, the set of the so-called anti-discrimination rules was adopted and implemented in the Serbian legislation.
Dragoljub Todić, Marko Nikolić
European Legislation, 2014 14(49-50):445-464
Abstract ▼
The status of national and other minorities and the process of European integration of the Republic of Serbia (RS) are connected in several ways. The paper identifies the following three groups of issues: 1) the status of national and other minorities as a criterion for membership in the European Union (EU), 2) the status of national and other minorities in the legal system of the RS and the assessment of the European Commission (EC) of the situation in this area, and 3) the ability of national and other minorities to participate in activities related to the European integration process of RS, i.e. the process of harmonization of national legislation with the EU law. In addition, the starting assumption is based on the fact that the EU attaches great importance to the issue of the minority status. This is notably important since the issue of the minority status is taken as a criterion for membership in the EU under the “political” conditions and is associated with the development of democratic institutions and the rule of law in a broader sense. Hence, due to various circumstances that allow the creation and preservation of the gap between normative and real, achieving a formally satisfactory minority status does not necessarily imply substantial improvement of their position. The examination of normative capabilities of national and other minorities to directly participate in the activities evolving from the process of European integration, especially in the part relating to the harmonization of national legislation with the EU law, aims to review the conditions for the promotion of national and other minorities and qualitative improvement of the European integration process of RS. The main thesis discussed in the paper is that the high importance devoted to the issue of the status of national and other minorities in the candidate countries for EU membership does not commensurate with the capabilities of national and other minorities to be directly involved in the activities relating to the European integration process, primarily in the activities related to harmonization of the national legislation with the EU law.
Jelena Matijašević-Obradović, Nenad Bingulac
European Legislation, 2014 14(49-50):465-480
Abstract ▼
Classification of people who consider themselves as having a common origin which is represented through culture, history and religion can be perceived through a common identity. Bearing in mind that national identities are several centuries old it is an interesting fact that may be we are contemporaries of the beginning of the “European identity“. Apart from the national and European identity, there are a number of other ones which can be perceived through primary and secondary identities. The development and protection of human rights, which are indivisible and inter-dependent, have exerted a considerable impact on the development of the European identity. Human rights protection is a framework for a large number of activities which have been taken over at the European level. It is because, as we have already said, they are an integral part of the European identity.
Dragan Đukanović
European Legislation, 2014 14(49-50):481-498
Abstract ▼
In this paper, the author points to the relationship of the Serbian Orthodox Church towards the course of the crisis that followed after the dissolution of the former Socialist Federal Republic of Yugoslavia. In the period immediately before the outbreak of the conflict in the former Yugoslav Federation, the Serbian Orthodox Church had represented an important cohesive factor of the growing new Serbian nationalism after the years of its marginalized role. However, during the later phase of the conflict, especially after 1991, its influence was evidently weakening in spite of certain statements of its senior clergy, who did not support the settlement of the situation in the region and arrangements achieved in this respect (the Dayton Peace Agreement, Erdut Agreement, etc.). The property and clergy of the Serbian Orthodox Church remained often unprotected in some parts of Croatia as well as in the Bosniak-Croat entity of the Federation of Bosnia and Herzegovina and especially in Kosovo after 1999. In the forthcoming period, certainly one of the most significant topics in the negotiations between the authorities in Belgrade and Priština will be the protection of property as well as the regulation of the position of the Serbian Orthodox Church in Kosovo. Although the Athisaari Plan (2007) stipulated the establishment of certain protective zones around the monasteries and churches of the Serbian Orthodox Church in Kosovo, many problems occurred in practice. In early 2013, a special unit was formed within the Kosovo Police aimed at protecting historic-cultural monuments in Kosovo at the previous insistence of the European Union. In Serbia, the Serbian Orthodox Church is one of the most trusted institutions, as is indicated by numerous public opinion surveys. Its influence on the socio-political events is sometimes more visible and stronger, which depends entirely upon the interests of the ruling political elites in Serbia. Therefore, it can be concluded that today, the influence of the Serbian Orthodox Church in Serbia is rather reduced and limited and there are different “currents” within it that differently perceive the position of this religious community in the Serbian society and its relation to the authorities.
Ljubo Pejanović, Goran Bejatović, zoran Šipkaz
European Legislation, 2014 14(49-50):499-518
Abstract ▼
In this paper, we are discussing human rights in the field of health and safety of life, property security and environmental safety as well as the protection and rescue of all forms of human and natural endangering threats. The scientifictheoretical justification and objective research comes from the need to point and compare the norms and respect for the rights of the Republic of Serbia in relation to the international community. The initial research method involves political and legal aspects of protection and rescue through the prevention and remediation of natural disasters and other threats. Human life, health, property and ecology are endangered by all forms of modern human threats and natural disasters as well as by technical and technological accidents and disasters. The human factor as the cause and manner of endangering people, property, environment and safety systems, is one of the most dangerous carrier threatening phenomena that imperils people and their value as a whole. Therefore, the man as a citizen has the right to adequate legal safety, health, and environmental protection from all forms of threats and imperilments.
Srđan Korać
European Legislation, 2014 14(49-50):519-549
Abstract ▼
The paper discusses to what extent the European Data Protection Supervisor’s control powers can effectively protect the right to privacy against the increasing securitisation of the EU policies. Being legitimised on the ground of its rather disputable value for a successful fight against organised crime and terrorism, the securitisation approach in the EU policy-making promotes the use of collecting personal data on massive scale as well as gathering of criminal evidence by intrusive techniques. The use of crime-intelligence methods undermines the safety of personal data as a substantial part of the right to privacy. The author argues that the European Data Protection Supervisorʼs success in pursuing the policy of “checks and balances” against the European Commission and the Council of EU is vital to ensure the protection of personal data when they are subjected to processing in various administrative procedures. The plausible benefits that may stem from the preventive role of the European Data Protection Supervisor through networking with national data protection authorities and Data Protection Officers in the EU institutions are also analysed. The author concludes that the “soft” powers of the European Data Protection Supervisor can produce some benefits in the long run, namely it can build the culture of data protection in EU institutions and raise awareness amongst the broader public.

Јudicial practice

Marko Novaković
European Legislation, 2014 14(49-50):550-566
Abstract ▼
The European Court of Human Rights (ECHR) is an institution which is very significant not only for individuals but for states as well. By a careful analysis of the cases before ECHR the state can discover the problems in its own legal system and in this way try to resolve them more efficiently. In the paper, the author will analyse the problem related to the case length and the way pre-trial confinement is determined in Serbia. Both of these subjects will be analysed in the way ECHR treats them, this including requests that are submitted against our state having a direct insight into the problems in Serbia.
Vesna Ćorić
European Legislation, 2014 14(49-50):567-577
Abstract ▼
This article provides an analysis of the development and modification of the victim status requirement in the recent jurisprudence of the European Court of Human Rights. More particularly, the article assesses the main advantages and shortcomings of the victim test determined by Article 34 of the European Convention of Human Rights. In a given context, a particular emphasis is placed on recourse to broad interpretation of the victim status requirement which gave rise to the notions of indirect and potential victims. The concept of a potential victim in a sense determined by case law of the European Court of Human Rights is a very ambiguous. The given ambiguity undermines the legal certainty within the European human rights system. The article tries to delimit the concept of potential victim as well as to propose its further improvements.
Miladin Pejak
European Legislation, 2014 14(49-50):578-598
Abstract ▼
Arbitration settlement of disputes in international trade is a broadly applicable way of settling disputes in international trade and international business relations and it is based on the agreement of contracting parties. The paper treats in detail the procedure of adoption, annulment and implementation of an arbitration decision. Special emphasis is put on the analysis of the procedure of annulment, recognition and implementation of arbitration decisions in accordance with the internal sources of law. National legislations of the Republic of Serbia, England, France, Germany, Switzerland and Italy have been selected as representative ones.