European Legislation Journal Archive
European Legislation Vol. 15 No. 51/2015
European Legislation, 2015 15(51):7-8
European Legislation, 2015 15(51):9-21
The unification of European countries into the European Union is the fruit of historical trends as well as the development of political consciousness of the people who live on the European continent. The European Union has not only established hierarchically regulated system of economic laws, but also a system of social standards that have marked the life of citizens of the and other persons residing on its territory. It should be noted for example that the European Union banned the death penalty, human, minority and gender rights, while the multi-party free elections with universal suffrage mandatory became a rule for all its members. European integration has set a democratic political system and respect for human rights and freedom of the commitment and eliminating the totalitarian regimes in much of the continent. Initiation and development of European integration, in addition to national produce and creating a specific “European identity” based on legally regulated system of values.
European Legislation, 2015 15(51):22-33
The enlargement policy was not without influence on the structural and political changes in the European Union. The most obvious example of the EU enlargement is the European Parliament which, from its beginnings to the last enlargement in 2013, increased its plenum by more than 600 delegates. Over time, the European Parliament has increased its role in the decision-making process in the EU too. From advisory positions, up to the co-decision procedure with the European Council, the European Parliament has become an indispensable institution in creation of the EU policy. The greater powers given to the Parliament opened the question of its responsibilities, especially in the context of the voting of newcomers parliamentarians from the countries of Central and Eastern Europe.Open doubts about the possibility of political and party cohesion disturbance have addressed the European Parliament’s detailed role in the EU’s enlargement policy. Whilst the new members of Parliament came from the post-communist countries, the balance of the division by party groups is not disrupted. The parliamentary system has been able to direct individual interests in the direction of making traditional political coalitions within the European Parliament.
European Legislation, 2015 15(51):34-53
The paper discusses the question of the place and the role of international treaties in the European Union (EU) from the standpoint of the criteria for the membership in this international organization. This suggests the need to review several issues such as: the question of the relationship between international law and EU law, the issue of places of the international treaties in the EU legal system as part of the acquis communautaire, the question of the relationship between EU law and national legal systems of the Member States or countries in the process of accession to the EU, etc. It is given an overview of the number of international treaties in some of the EU regulations groups. The paper points to the question of the place and role of the international treaties in the legal system of Republic of Serbia (RS), as well as to some weaknesses in the ratification procedures of the international treaties in the context of the compliance procedures of national legislation with the EU legislation. It is given an overview of EU membership, RS and regional states in certain international treaties concluded within the Council of Europe, followed by international treaties on human rights and other more important international agreements for which the depositary is the UN Secretary General, as well as in the international agreements in the field of the environment. In the case of the membership in these international treaties the thesis is discussed that between membership in international treaties and membership in the EU there is a high level of concurrency, i.e. that membership in international treaties presents also a fulfillment of the conditions for membership in the EU, regardless of the formal status of the individual states in relation to this organization.
European Legislation, 2015 15(51):54-70
Accession to the Council of Europe, implies an obligation to harmonize the internal legislation of the Republic of Serbia with the EU. This is particularly true in the area of police and judicial cooperation. In this regard, a number of European documents provides for minimum rules for Member States regarding the protection of the most important social values from all forms of harm and threats to various forms of manifestation of terrorist offenses. This is understandable because in addition to protecting the security of each member state, and the security of the European Union as a whole, it is necessary to protect the basic social values protected by international law. Therefore, Republic of Serbia in December 2012, when amendments to the Criminal Code, in the group of crimes against humanity and other goods protected by international law foresaw criminal responsibility and punishment for the perpetrators of more terrorist offenses.
European Legislation, 2015 15(51):71-91
In this paper, the author analyses origins, development and content of terrorist criminal offenses in the EU law. Key legislative measure, the Council Framework Decision of 13 June 2002 on combating terrorism as amended by provisions of the Framework Decision of 28 November 2008, consists of the definition of terrorism offences, of a terrorist group, penalties and sanctions, jurisdiction rules, etc. National measures of implementation were reviewed by the Commission by the end of 2014, and conclusions have shown that the implementation resulted in transposition of required mesures by the Member States. However, the remaining doubts concern the eventually broad scope of some criminal offenses, particularly „public provocation to commit a terrorist offence“, meaning the conduct which, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed. These concerns are reflected in one of fundamental tensions between security and freedom of speech and other human rights, the tension which was also stressed during debates in the aftermath of the terrorist attack on the French magazine Charlie Hebdo earlier this year.
EVROPSKI STANDARDI U BORBI PROTIV VISOKOTEHNOLOŠKOG KRIMINALITETA I NjIHOVA IMPLEMENTACIJA U ZAKONODAVSTVU REPUBLIKE SRBIJE
European Legislation, 2015 15(51):92-103
In recent years we have witnessed the IT revolution and along with it the internet revolution that is present in almost all areas of human activity. However, no matter how many advantages computers have brought, and what is their significance in contemporary life, they undoubtedly expose users to numerous risks such as invasion of privacy, the different types of fraud, to the destruction of intellectual property, identity theft, etc. So, all of this has created opportunities and the atmosphere for the emergence of new forms of crime, i.e. the occurrence of cyber crime. Considering there it is word about crime who does not know national boundaries, its prevention and combating against, have dedicated themselves to various international organizations. Consequently, the authors in this work will analyze the Convention on Cyber Crime, which currently represents the only international-recognized and continental widespread legal instrument in the fight against cyber crime, as well as its current implementation in the legislation of Republic of Serbia.
European Legislation, 2015 15(51):104-118
The right to a fair trial is the most important element of the rule of law proclaimed in numerous international documents. In this sense, the most important international legal documents are certainly the Universal Declaration of Human Rights and the European Convention on Human Rights. The Constitution of the Republic of Serbia in accordance with international legal standards foresaw the right to a fair trial as an essential principle of judicial conduct and respect for human rights. The right to a fair trial includes several different rights, and in this paper, the author points to only some of the most important rights.
European Legislation, 2015 15(51):119-134
Although, nowadays, European governments largely supports environmental safety, energy efficiency and reduction of poverty, public policy in practice still lacks much needed comprehensive approach in support of sustainable development. In light of the growing political, social and economic turmoil, political activities for “sustainability” are of the utmost importance to meet the challenges of today’s society in creating a proper and prosperous world. For this reason, sustainability must be the main course of action by EU governments through its regulatory measures, laws and funding priorities. Once this is confirmed, in this article we are trying to point out that sustainability is necessairy and much needed paradigm of public policy that can combine wealth and equality and to create a new European growth model. If today the concept of sustainable development is a way to overcome intertwined and related issues at all levels of society, then the three main elements for the implementation of the leadership, green growth (Economics) and a partnership. This paradigm of sustainable policies can be applied only with honest leadership in a partnership manner and respect the policy of establishing green growth.
European Legislation, 2015 15(51):135-147
The legal framework of consumer protection is a relatively new area. In fact, it occurs in mid-twentieth century, and in seventies it gained importance with adoption of the first Preliminary Program of the European Economic Community for consumer protection and information policy. European legislation and awareness of consumer protection has been much developed since then. The current Directive are concentrated on several key issues, such as the right to return products that had been purchased via the Internet, the right ro repair or replace the product if it is different than what is advertised or if it does not work as it should, right that consumer is provided with truthful information, the right to a fair contract terms and the support from the European Consumer Centres. In the Republic of Serbia was applies Consuer Protection Act of 2010, until 2014 when new Consumer Protection Act entered into force, and it did not issued radical changes but it was directed to addition and implmentation of Directive which apply in the European union, in order to harmonize the legislation of the Republic of Serbia with the European legislation.
European Legislation, 2015 15(51):148-159
European Union legislation provides a high level of protection of consumer rights in the internal market. In the area of consumer protection can include the fair treatment of consumers, products that meet the required standards and the right to compensation. The new Directive on consumer rights in the European Union is applied in all Member States by 13 June 2014. The Directive harmonizes the rights of consumers in all EU countries in several important areas, with special emphasis on online shopping and e-mail as well as for the purchase share property which will certainly encourage them to expand their business across national borders.
European Legislation, 2015 15(51):160-175
This paper presents the provisions of Solvency II relating to reorganization measures and winding-up proceedings of insurance undertakings, including common provisions for both of them. The aim of these provisions is to ensure the mutual recognition of reorganization measures and winding-up legislation of the Member States concerning insurance undertakings, as well it should be ensured that reorganization measures and decisions on winding-up proceedings, which were adopted or taken by the competent authorities of a Member State, produce full effect throughout the Community. The paper first presents the reorganization measures concerning insurance undertakings (their definition, competent authorities, publication of decisions on reorganization measures, information’s to known creditors, etc.), after that the winding-up proceedings (their definition, competent authorities, applicable laws, what the law of the home Member State shall determine at least, treatment of insurance claims, withdrawal of the authorization, publication of decisions on winding-up proceedings, etc.) and finally the common provisions (these provisions mainly relate to the legal effects of reorganization measures and winding-up proceedings).
European Legislation, 2015 15(51):176-188
Paper deals with the key changes to the Directive on insurance intermediation of 2002 addressed by the Proposal for a Directive of the European Parliament and of the Council on insurance distribution of 26 October 2014. Certain gaps have been noticed since adoption of the Directive 2002 and revision in line with the following five basic principles was necessary: (1) A high and consistent level of policy holder protection embodied in EU law, (2) Effective management of conflicts of interests and transparency, (3) Introducing clearer provisions on the IMD scope, (4) Increased efficiency in cross-border business and (5) Achieve a higher level of professional requirements. Main alterations of the existing framework for insurance intermediation author has analyzed in the following segments: directive’s scope, conflict of interest, duty to inform, fees / commissions, packaged products, duty to warn on the product inadequacy and fines.
European Legislation, 2015 15(51):189-205
Attributes or characteristics of individualization of companies can be defined as a set of characteristics of a company by which it differs from other companies and organizations. By implementing unique business registries, publicly available over the Internet is the use and protection attributes partly solved, but only at the national level. However the economy market is not territorially limited, there are a number of specifics regarding companies that also operate in several countries, such as the European company. The elements of the individualization of the company include the business name, location, type of business, ethnicity, tax identification number, registration number, etc. The importance of individualization of companies is manifold, because, among other things, provides protection, often competing interests. First, to protect the interests of the company, which is very much in the interest of its own business ‘image’ (goodwill) built over the personal characteristics that would be recognizable to their business associates, service users and consumers. Then, protect the interests of consumers and users of services, which, in a crowd of companies engaged in the same or related activities, based on individual characteristics able to recognize and distinguish between what a company that suits them best. Individualization companies protect the legal and commercial transactions, and its security through mutual discernment of companies. Finally, by the individualization of companies are protected social (public) interests and, again by mutual discernment of companies in legal matters. A company acquires legal personality once it is entered in the prescribed register, and the registration has a constitutive effect. However, particularly in the European company (SE), there is a prior question, which is how to determine the personal law which will be applied to the individualization of SE, to determine its business name, national origin, taking into account that it can operate on the entire territory of the European Union and the Common Market, and there is still no single register, and they are registered under the rules of the state in which shall be entered in the register.
European Legislation, 2015 15(51):206-217
Since the Internet is very dynamic offenders constantly find a new ways to sell counterfeit goods, so it’s very difficult for the legislator to regulate all this. This is why the European Union has come to an agreement between the responsible parties on the Internet and owners of intellectual property rights, under the auspices of the European Commission and as a result has developed a Memorandum of Understanding on the Sale of Counterfeit Goods via the Internet. The Memorandum was drawn up with the aim to establish rules to combat the sale of counterfeit goods over the Internet. The cooperation of all participants in online shopping in the cases of report counterfeit goods is the most efficient way to withdraw it from the market and minimize the damage. This Memorandum promote cooperation between all participants in the sale and purchase via the Internet, in order to prevent forgery and sale and provide concrete measures, procedures and preventive procedures to take it to the best and most efficient way to solve and prevent such occurrences in the future. In Serbia there is ongoing process of transferring European achievements in the legal system, especially in the course of harmonization of legal provisions in the field of the Internet.
European Legislation, 2015 15(51):218-227
In this paper authors analyzed the legal basis for the adoption of Directive 2011/07/EU on combating late payment in commercial contracts as well as the consequences for commercial entities after its entry into force and implementation into national law of the Member States of the European Union. Authors compared the legal and real terms of payment of trade transactions by the private and public sectors. Also, they pointed out the negative consequences of non-compliance with statutory time limits on the solvency of commercial entities, and consequently on the economy of a particular country.
European Legislation, 2015 15(51):228-239
The capital market is very dynamic high-growth and substantial diversification of financial products or instruments. The organized capital market activities usually directed authorized organizers (financial, stock, the-counter market) under the supervision of the regulatory public legal bodies. On a regulated market to ensure transparency of transactions in securities, apply strict rules of trading and the market is open to the public. Each country is trying to build an effective system of protection against the misuse of information, especially those that are not available to all participants in the capital markets. Abuse are present due to the application of certain modern technology stock exchange, increased dynamics in international financial relations, and the use of new, sophisticated, information technology. On all measures taken to be imposed for violation of legal rules on abuses in the financial markets the Commission for the Securities can inform the public.
European Legislation, 2015 15(51):240-255
The aim of this article is to determine, by the method of text analysis, the most important issues of the Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, as well as to present explication of the issues. The Regulation is one of the basic laws underlying the new Common Agricultural Policy of the European Union, which has been formulated in accordance with the strategy “The CAP towards 2020“. The Regulation has established the goals of the Common Agricultural Policy in the areas of financing, management and monitoring, bringing general provisions on the agricultural funds (the European Agricultural Guarantee Fund – EAGF and the European Agricultural Fund for Rural Development – EAFRD), as well as provisions on financial management of the funds, farm advisory system, integrated administration and control systems and penalties, cross-compliance, monitoring and evaluation and on the other issues. Also, the Regulation authorizes the European Commission in order to supplement or amend certain non-essential elements of the Regulation. In the Republic of Serbia the financing of agriculture is regulated by a law and an annual bylaw on the basis of which each year paying agency distributes appropriations for different measures, in accordance with the law on the national budget.
European Legislation, 2015 15(51):256-272
Key document regulating patient’s rights in cross-border health care is Directive 2011/24/ЕU. This document provides some significant rights for patients seeking health care in other Member States of EU: rules concerning reimbursement of costs of cross-border healthcare, requirements concerning necessary administrative procedures, principle of non-discrimination, the right of patients to access medical records, obligation of providing relevant information’s to patients, recognition of prescriptions issued in another Member State, rules concerning electronic health (e-health), protection of right to privacy, and mutual assistance and cooperation of Member State in cross-border healthcare. Most importantly, healthcare that may be subjected to prior authorization is limited on specific situations. Some of this rules developed in practice of European Court of Justice. Directive 2011/24/ЕU brings important rules for patients seeking health care in other Member States, but it does not clarify sufficiently the relationship with the rules of social security contained in Regulation (EC) No 883/2004 on the coordination of social security systems.
European Legislation, 2015 15(51):273-294
Globalization, as a universal process of integration and change on an international basis, affected almost all spheres of scientific, economic and social life. In striving for domination and spheres of influence competitive battle without scruples is being intensified, primarily in the area of political and economic relations. Globalization is not just an intensification of international cooperation, as it is often interpreted, but also means the interweaving of different business cultures, respecting of the same principles and application of similar tools in business. In parallel with processes of globalization, processes of interdependence and integration are being developed both in the field of technology and economics, as well as in politics. The world is changing so rapidly that almost every next year does not resemble the previous one, and consequently new circumstances require different behavior and constant adjustment or change management. The era of globalization, as an irreversible process, has led to having a large number of foreign companies, in one national economy, which use the same geographical and cultural space in order to achieve its primary interest, which is profit. Regardless of the fact that globalization equalizes the values in business; it still cannot erase customs, mentality, habits and traditions of a particular region. The attempt to change those, as a rule, gives the negative effects and the basic starting points of all multinational companies are that in addition to knowing the economic environment in which they want to enter, they also have to know the indirect business parameters that are difficult to change. It is necessary to adapt to these parameters, such as habits, customs and traditions, in order to make a profit. The era of globalization is a synonym for the global market and the world economy.
European Legislation, 2015 15(51):295-307
The issue of contemporary relations between Church and State in the EU has been interdisciplinary and critically analyzed in the Paper in the context of European integration process. EU mainly considers its Churches and religious communities the affirmative subjects and potentials to be equally treated and integrated in the acquis communitaire, pretending to stay religiously neutral. The whole secular concept is to be developed by leaving major positive law regulations and authorizations on the member state level, without intention to define more preciously the issue of European Identity as the basis for EU strategic development.
European Legislation, 2015 15(51):308-317
In EU countries, it is possible to distinguish between the two forms of volunteering depending on whether the volunteer is or is not a member of the organization in which volunteers. The first form is called a “mutually beneficial volunteering” as opposed to the other, which is called the “publicly useful volunteering.” Situation in each Member State is different and all forms of volunteering, the term “voluntary activities” refers to all types of voluntary activities, whether formal, non-formal or informal which are undertaken of a person’s own free will, choice and motivation, and is without concern for financial gain. They benefit the individual volunteer, communities and society as a whole. They are also an instrument for individuals and associations to address human, social, intergenerational or environmental needs and concerns, and are often carried out in support of a non-profit organization or community-based initiative. The European Year of Volunteering, 2011, which aimed at promoting the social and economic impact of volunteering by creating a favorable environment and conditions conducive to volunteering in the EU. The European sports model would be unable to exist and could not be justified without the support of millions of volunteers. Difficulties faced by the European Union in trying to harmonize this sector: sporting matters still fall within the competence of Member States and the European volunteer scene remains extremely varied because of the historical, political and cultural attitudes of each European country. EU Sport Directors Meeting in Prague, on April 28-29, 2009 emphasized that the specific characteristics of sport mentioned in the Lisbon Treaty should be defined in more detail and also concentrates on the specificity of the voluntary non-profit sports movement.
ZNAČAJ DEKLARACIJE MINISTARA I VISOKIH FUNKCIONERA O STRATEŠKIM PRIORITETIMA U BORBI PROTIV VISOKOTEHNOLOŠKOG KRIMINALA
European Legislation, 2015 15(51):318-335
Countries of South-East Europe (SEE) going through the process of political and economic transition, and in recent years they are challenged by threats of cyber crime and removing consequences caused by cybercrime. The joint regional project of the European Union and the Council of Europe on cooperation against cybercrime under the Instrument of Pre-Accession (Cybercrime@IPA) started on 1 November 2010 and had duration of two years. Under the umbrella of this project, the Ministers and Senior Officials of Ministries of Interior and Security, of Ministries of Justice and of Prosecution Services of the countries and areas participating in the CyberCrime@IPA project adopted in 2013. in city of Dubrovnik, Republic of Croatia declaration named: “Strategic Priorities in the Cooperation against Cybercrime”. The authors are about to make review on this Declaration and its long term significance for the Republic of Serbia in the area of cyber crime suppression.
European Legislation, 2015 15(51):336-351
This paper aims to draw attention to a significant problem and the phenomenon of ecological security and its role in modern European and international community. The analyses follow the concept of ecological safety culture and contribution in raising safety awareness among the people in relation to a healthy environment. The authors want to draw attention to finding appropriate solutions to this problem by elevating the awareness of the ecological culture among the citizens of the Republic of Serbia. In this sense, the authors want to contribute to the relationship between citizens and government officials and their role in the development of environmental safety culture. The hypothesis of this work is to carry out awareness-raising among citizens and government representatives and description of culture in environmental safety. So, to draw attention to this problem, the analyses involve a contribution to a better understanding of ecological safety culture and attitude towards historical and cultural heritage. It also aims to encourage researchers to further investigation of this phenomenon to offer scientific and practical explanations to this concept.
European Legislation, 2015 15(51):352-369
Norway and EU enjoy good and close relations, although Norway is not a member of the European Union. The Agreement on the European Economic Area is by far the single most important agreement regulating the relationship between Norway and the European Union. Through the EEA Agreement, Norway participates (although with no voting right) in a wide range of EU programmes and agencies related to environment, education, entrepreneurship, as well as numerous research programmes. Norway supports the Europe 2020 Strategy (in order to support economic growth, employment ...). Together with the EFTA and EEA partners, Norway contributes to social and economic cohesion of EU. Norway is a part of Schengen cooperation and the Dublin cooperation, the Europol and the Eurojust. This paper deals with the key aspects of EU – Norway partnership, with an emphasis on the EEA Agreement.
European Legislation, 2015 15(51):370-381
Future of some society depends of the way it protect its cultural heritage. Cultural heritage shall enjoy special protection in all modern countries. This protection is achieved primarily non-criminal measures relating to the conservation of cultural heritage, their presentation and popularization. However , when necessary, as a last resort to protect, the are provisions of the criminal law. State provides special protection of cultural properties by the criminalization of certain actions that may lead to their damage or destruction. EU member states are committed to providing criminal laws complement and enhance this protection . As an example, authors analyzed the relevant criminal provisions of the Act on the Protection of Cultural Property in the UK , as well as the Criminal Code of Serbia, using comparative method considered the options for improving our criminal law in the protection of cultural property and thus contribute to the harmonization of the rights of the Republic of Serbia with the EU. Although it is two completely different legal system, certain legal provisions common type in this field can be successfully implemented in the Republic of Serbia, which is especially prominent in the work.