Abstract ▼

Withdrawal of the Member States from the European Community or the European Union was controversial from the standpoint of the communitarian and international law until the adoption of the Treaty of Lisbon in 2009. The Treaty on the European Economic Community concluded in Rome in 1957 did not foresee the possibility of loss of membership or resigning or retiring from the Community. Given the federal characteristics of the European Union, there was an open question of the legality of exiting its membership if we keep in mind that federalism in principle excludes secessionist tendencies. The Treaty on the European Union concluded in Lisbon, expressly provided the right of Member States according their constitutional rules to decide on withdrawal from the European Union. This right, however, links the status of EU membership with membership in the international organization and, therefore, does not sit well with the supporters of European federalism. The solution in question is still best reflecting the real situation. Member states did not fully renounce their sovereignty and naturally they have the right to seek release from membership in the European Union. The procedure of withdrawal provided by the Treaty of Lisbon in no way restricts them and leaves them full freedom to decide their own destiny.

Abstract ▼

The Independent judiciary is the point where sound regulations on judiciary meet its high ethical value. Over the past decade, Serbia has struggled to achieve it. Following the failed judicial reform based on the National Judicial Reform Strategy of 2006, Serbia has drafted the new strategy and the relevant Action plan. At the same time, the EU accession process mandates comprehensive changes in the judicial system, and the harmonization of national law with the EU acquies is dealt with within the negotiation Chapter 23 – Judiciary and Fundamental Rights, which, according to the new EU approach to the negotiation process, is to be opened early in the process. Following the explanatory and bilateral screening for the Chapter 23, and based on the recommendations formulated in the Screening report, Serbia has developed a comprehensive Action plan for the Chapter 23. Although the process of the development of the plan was a pilot good practice exercise aiming at improved dialogue with the civil sector and increased overall ownership of the Action plan, it still shows considerable deficiencies. The Ministry of Justice has formally pronounced the two major public policy documents – the new National Judicial Reform Strategy and Action Plan and the Chapter 23 Action Plan – harmonized; however, a closer investigation of both documents shows certain substantive discrepancies which are a signal of a deeper misunderstanding of the end goal of the judicial reform process, as steered through the EU integration process. The Chapter 23 Action plan offers little or no guarantees that the implementation of the planned comprehensive reform measures – including changes to the Constitution - will, indeed, result in a truly independent judiciary. Quite to the contrary, the overall impression after the analysis of both documents is that true dedication to the direly needed reforms in the judicial sector is lacking, and that both documents are designed so as to tick all the necessary boxes while showing a little commitment to a true change. In addition, both documents are likely to share the faith of their predecessor – the first Judicial Reform Strategy – and fail to secure full support and ownership of the judicial and legal professionals in Serbia. This is a challenge the Ministry of Justice must address before the negotiations for Chapter 23 are formally opened.

Abstract ▼

The subject of this paper is the Proposal for a Council Regulation on the establishment of the European Public Prosecutors` Office. The idea of its establishment has been present since the mid-nineties. The first step towards that was the project Corpus juris and the next was the adoption of Green Paper on the protection of the financial interests of the European Union and the establishment of a European prosecutor. However, despite the efforts of the Commission, the first significant step was taken only by adopting the Treaty on the Functioning of the European Union. The Article 86 of this document contained a legal basis for the establishment of the Office of the European Public Prosecutor. On the basis of that article, the Commission in 2013 prepared a Proposal for a Regulation establishing a European Public Prosecutor\'s Office. In accordance with the mentioned Proposal, the Office should be responsible for the investigation and prosecution of perpetrators of criminal offenses against the financial interests of the European Union. In this paper will be analyzed proposals which were a subject of many discussions at the national and international level since the mid-nineties. These are the provisions concerning the structure and organization of the office, its relations with the judicial authorities of the Member States and relationship with other organs, bodies and agencies of the European Union, as well as provisions concerning the rights of suspects and accused persons in the process.

Abstract ▼

As a rule, criminal sanctions are imposed towards the offenders (individual or legal entity). These are statutory compulsory measures imposed by the court in order to protect society from crime, which deprive or restrict the rights and freedom of the offender or he gets warned that his freedoms and rights will be forfeited if he commits a criminal offence again. In addition to the criminal sanctions imposed by the courts in legally conducted procedure, to the perpetrators of crimes are also applied \'special\' criminal measures. Among these measures, particular emphasis is on various measures of forfeiture of property gain: 1) on the benefit obtained by the completed criminal offence, and 2) in respect of the proceeds from crime whose origins are found in the relevant European documents - primarily in the Convention of the Council of Europe and other European recommendations.

Abstract ▼

For centuries the speciality rule is one of the basic principles of the law on extradition, whether its sources are in the international law or internal laws of many countries and its effects contribute to the protection of human rights of a person being extradited. By using dogmatic, normative, comparative legal and historical legal method, the author examines the modern development of the speciality rule under the auspices of the European Union or the Council of Europe. Finally, he concludes that the narrowing of application of this rule, which has been made by the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the Surrender Procedures between Member States (2002/584/JHA, 2009/299/JHA) and the Third and Fourth Additional Protocol to the European Convention on Extradition, is in accordance with modern developments in international criminal law. However, the author also believes that such narrowing imposes an additional obligation to the authorities that participate in the process of extradition or surrender of a requested person, to act very cautiously and conscientiously, so as not to violate the human rights of the requested person.

Abstract ▼

The Regulation EU No. 1215/2012 of the European Parliament and of the Council from 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters defines, among other things, the questions of lis pendens and related actions. This Regulation replaced the Regulation 44/2001, and one of the reasons for this replacement is the inadequate application of the rules of lis pendens in relation to the relationship between the choice of court settlement and parallel procedures. When we are talking about the regulation of lis pendens, in the interest of the proper trial and the conduct of the proceedings, it was necessary to reduce the possibility of conducting similar procedures and ensure that it does not make different decisions in the different Member States. There should be a clear and effective mechanism for resolving cases of parallel proceedings - lis pendens and related claims, i.e., proceedings, and to prevent problems arising from different national legislations, i.e., provisions in those jurisdictions, in relation determining the moment when it is considered that the proceedings commenced. The Regulation 1215/2012 defines lis pendens on general way and determines the following: where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. The foregoing does not prejudice the application of provisions regulating the exclusive jurisdiction as a result of an agreement of the parties, which means that every court of another Member State interrupts the proceeding until such time as the court which as a first has initiated proceedings on the basis of the agreement of the parties, not declared incompetent. Also, the Regulation 1215/2012 defines the situation where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings. Actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings. The Regulation 1215/2012 applies from January, 10, 2015. The paper also paid attention to the regulation of this matter in Serbia i.e., in the Act on solving the conflict of laws with the rules of other countries and in the Draft of the Act on Private International Law. The Act on solving the conflict of laws with the rules of other countries define only lis pendens, and the Draft of Act on private International Law regulates lis pendens and related actions.

Abstract ▼

Latin form of notaries adopted by our law provides that taking over the documents, money and securities of value storing and delivery fall within the scope of an independent competence of Public Affairs notary. He can perform these tasks also by court order, but also the competitive jurisdiction of the court is reserved. The public notary deposit has the purpose to protect against the risk of counterparty failure to fulfill obligations, as in the phase of concluding the contract, where the free will by the parties, so that to the forced fulfillment of obligations can only come by legal action. The essential difference between the court and public notary deposits exists in the way of providing protection to the parties. The court may order admission to the Court, money, valued documents when it is opposed by another party. However, this difference does not always manifest, due to the jurisdiction of the court, when this jurisdiction manifests itself as a competitive competence in the care of documents such as, for example, depositing legacy. The institute of public notaries in the process of deposit permits the release of courts in terms of unnecessary case management by the court order in inheritance or individual rights that have no professional executor, in enforcement proceedings. The confession of notaries storage of documents, money, valuable documents and other, as well as other similar businesses that are now mostly made in extra-judicial proceedings, leads to the relief of the courts and the increase of their work in resolving disputes between legal entities, and thus to faster realization of citizens\' rights for achieving legality.

Abstract ▼

The growth of the Serbian economy in late 2014 and early this year is to a large extent the result of recovery of the activities that were affected by the floods (energy, construction), and there is no reliable basis that a sustainable economic recovery has begun, although the growth in retail and merchandise exports are good signals. However, the potential drivers of economic growth on the demand side - exports and investment stagnate or decline, stocks rise, lending activity is stagnant or declining. Fiscal deficit since the beginning of 2015 strongly decreases, as late 2014 and early 2015 came into force the fiscal consolidation measures. The Plan published in Fiscal Strategy (2015) implied ambitious fiscal consolidation measures, which would permanently reduce the annual government expenditures by as much as 1.7 billion euros. This suggests that by measures of fiscal consolidation government deficit should be reduced from 6.6% of GDP (2014) to 3.8% of GDP in 2017. According to the official projections of key macroeconomic indicators for Serbia in the period 2015-2017 (Fiscal Strategy), we can expect the moderate path of economic recovery. After the fall of GDP in 2015 from 0.5% caused by the implementation of austerity measures (fiscal consolidation and decline in domestic demand), we expect GDP growth in 2016 and 2017. (same opinion is presented in the April forecast of 2015 by the IMF). The cumulative rate of real GDP growth of 3%, are apparently designed optimistic because it is unlikely to record the growth of economic activity in 2016. (this forecast assumes that private consumption achieve real growth of 1%, which is unrealistic). Government’ plan is that increase of GDP from 2016 to 2017 to be based on the growth of investment and exports of goods and services at an average annual real rate of 5% (thanks to the growing import demand of EU, that is eurozone countries), with practical stagnation of private consumption and a significant decline in government spending. Prerequisite for the balance of payments sustainability is to increase exports and the net inflow of foreign capital. On the production side of GDP, in the period 2015-2017, the largest contribution is expected from the growth of industrial production and recovery of the construction sector, while the service sector will negatively affect economic activity. It is expected that total employment slowly decline in 2015 after a sharp decrease in recent years, while in 2016 are expected a slight increase in employment in the private sector. An important contributor to the growth of Serbian GDP will be stronger than expected recovery of the eurozone. In April 2015, IMF is forecasting 1.5% real GDP growth of euro-zone, which is above previous expectations. The dramatic fall in the oil price is benefiting oil consumers, among other, improving performance of the euro zone.

Abstract ▼

In the present analysis, the author examines the legal status of participants in the deregulated capital market or MTP market: organizers MTP markets, investment companies, broker-dealer companies, authorized banks and the Investor Protection Fund. The author devotes special attention on the legal rules governing the financial stock market, as well as the perception that prevails in the theory of corporate law. He concludes that the legal significance of the stock exchange differs from the economic meaning. As a special legal form of business organization, the stock market includes a range of contracting operations in the financial market. The principle of quotations of securities provides protection, mutual trust of all stakeholders, applying the principles of solidity transactions, with a view to compliance with the universal principle of good faith in the law.

Abstract ▼

The recent financial crisis has revealed major weaknesses in the functioning of the financial regulatory and supervisory framework, which eventually culminated in a global recession. Emergency interventions were necessary to stop the spread of deformation of monetary flows with systemic disorders during the crisis and to help the restoration of the normal functioning of financial markets. All these problems have affected the global factors to start thinking in new directions. In this respect, they expressed various initiatives, led by America and the European Union which were mostly affected by problems. As an important cause of the crisis that began in 2007 was the weakness of OTC financial derivatives markets. The weakening of the financial system increased systemic risk. In this paper, we review the creation of a new regulatory infrastructure. First, we emphasized the basic characteristics of the financial regulations of the European Union - EMIR (European Market Infrastructure Regulation) and the US Dodd-Frank law, then we singled out the Chapter VII of the above mentioned (Dodd-Frank: Title VIIWall Street Transparency and Accountability) and at the end the analysis was expanded with the introduction and comparison of the above mentioned EMIR and Dodd-Frank regulation.

Abstract ▼

The paper scrutinizes how some of the EU Member States, of whom some adopted new pieces of legislation on insurance contract repealing the former from the past century, have implemented rules of the Acquis Communautaire about termination and cancellation of the personal insurance contracts into national legal systems. Protective provisions about termination and cancellation of the private personal insurance contract adopted in favour of the insured are analyzed, while in another part author looks for special cases where the insurer has right to terminate private personal insurance contract. The author analyzes rules applicable to life insurance and health insurance by comparative and normative methods, as well as logical methods.

Abstract ▼

In 1994 the Directive on deposit insurance was introduced into the EU legal system as one of the steps for completion of the internal market. Creating safe and sound financial market and obtaining the confidence of depositors became main goal of this document. However, being minimal harmonization directive, this act diverged from its original purpose and contributed to regulatory competition and the creation of unbalanced deposit protection schemes around the EU. Recently it has become clear that there was no an adequate mechanism for protection of depositors at the EU level. The Financial crisis in 2008 only reaffirmed that belief. Previous analysis showed that inadequate functioning and financing of deposit insurance schemes were two main problems. Having in mind the need of depositors for secure and timely payment of their deposits, on the one hand, and the need for complete information on their rights, on the other hand, the Directive underwent certain changes to ensure achievement of these goals. The Directive introduces the obligation of ex ante financing of the scheme, with a possibility of additional financing in case of insufficient funds. Also, one of the main factors in calculating the amount of contribution shall be the risk factor in the banking industry. The Directive retained minimum coverage of € 100,000 applying to all aggregated accounts of one depositor at the same bank. The Directive provides that the amount of time necessary to obtain financial means from scheme gradually reduces from 20 (currently) to 7 working days (by January 2024). In order to ensure that depositors are aware of their rights, they must sign an information sheet which contains all the relevant information about deposit protection. Bank is also required to circulate an updated standardized information sheet to their customers at least once a year. Serbia introduced deposit guarantee scheme a decade ago. Having in mind that Serbian legislators implement the newest EU legislation, the law on deposit insurance changed accordingly in 2015. Analysing norms of the current legislation, we conclude that new law has several points in which is still not (completely) harmonized with the solutions of the new Directive.

Abstract ▼

The aim of this article is to determine and present, by the method of text analysis, the most important issues of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 which established the rules for direct payments to farmers under support schemes within the framework of the common agricultural policy. Namely, the Regulation was one of the basic laws underlying the new Common Agricultural Policy of the European Union, which had been formulated in accordance with the strategy „The CAP towards 2020“. The Regulation established the rules on general provisions in the field, basic payment scheme, single area payment scheme and related payments, coupled support, small farmers’ scheme, national restructuring programmers for the cotton sector, and 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 (the Law on subsidies for agriculture and rural development), and relevant bylaws on the basis of which each year paying agency distributes appropriations for different measures, in accordance with the law on the national budget. In the following period, Serbia has to harmonize its legislation with the Regulation and the other European legislation in the field.

Abstract ▼

There are several reasons that contribute to the assessment that waste management is one of the more serious systemic problems, both in the EU and in the countries comprised by this analysis: Republic of Serbia, Bosnia and Herzegovina (The Republic of Srpska, Federation of BiH) and Montenegro. The complexity of this problem largely stems from its strong relationship with many other issues in the area of environment, specificities, and state of the economic structure of each individual state, etc. The key policy directions, in the framework of the EU, are defined in a special strategic document (A Thematic Strategy on waste prevention and recycling). Waste Management Legislation is among the most developed. It can be said that under the influence of the European integration process, relatively similar development levels of internal regulations in the field of waste management are achieved in all countries which regulations were analyzed. In legal systems of the countries of the region, policies and regulations in the field of waste management are singled out in a separate entity, within the policies and regulations in the field of environment. All countries (in the case of Bosnia and Herzegovina in entities) have adopted specific laws which for their basic object of regulating have the field of waste management. The Appropriate number of subordinate legislation was adopted. Only in Serbia, packaging and packaging waste management is governed by a special law, while in other countries it is done by secondary legislation. All countries of the region are members of the Basel Convention on the Controlling Transboundary Movements of Hazardous Wastes and their Disposal, as well as other key international agreements in the field of waste management, or relevant to the field of waste management. Regulations in all countries define the principles of waste management, mainly in accordance with the principles defined in the relevant EU regulations. The legal systems of all countries foresee the adoption of appropriate strategic documents (Serbia and Federation of BiH already have special strategic documents in the field of waste management, while Montenegro and the Republic of Srpska planned its adoption). The Legal framework for the application of licenses for conducting activities in the field of waste management is established. According to the European Commission appraisal, the level of harmonization of national legislation with EU legislation is different, requiring serious upcoming activities in the field of their further harmonization and creating conditions for consistent application.

Abstract ▼

The paper examines to what extent has been built the supranational normative framework that regulate consular protection of the EU citizens in third countries, and discusses legal controversies as well as the institutional and political obstacles to a coherent and efficient enforcement of the right to consular protection. Since the adoption of the Treaty on European Union, the Member States have been working on a common framework for consular protection of the EU citizens in third countries where some EU countries have no consulates, in order to respond to the need for an effective consular assistance. Since the EU as an international organisation cannot be a party to the Vienna Convention on Consular Relations, the authors discuss whether the EU delegations should be responsible for consular assistance to EU citizens abroad. The authors conclude that the development of consular protection and assistance at the EU level will remain substantially challenged by the exclusive national jurisdiction in this policy area and the multiple interpretations of the idea of the EU citizenship.

Abstract ▼

The common action of criminals should be decided upon the common action of all those who fight against it, and only then we can expect long-term results in combating crime. In this process, the police have a key role. In this paper, the authors analyze the provisions of the Agreement on Operational and Strategic Cooperation between the Republic of Serbia and the European Police Office (Europol). This agreement and the Law on its ratification will form the legal framework of cooperation between the Republic of Serbia and Europol. The study of EU law in this area is an important precondition for Serbia\'s EU integration, bearing in mind that the cooperation in police matters is one of the three poles on which rests the European Union today.

Abstract ▼

In this study the author attached a great importance to the theoretical examination оf certain legal aspects concerning the application of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism. This Regulation aims at contributing to the fight against terrorism by preventing the financing of terrorist activities. It supplements the juridical processes relating to terrorist organizations in the EU and in third countries. The Regulation applies on board of any aircraft or vessel under the jurisdiction of an EU country, to any person who is a national of an EU country and to any legal person or entity incorporated or constituted under the law of an EU country or doing business within the EU. It does not cover up the persons, groups and entities sheltered by UN SC Resolutions 1267(1999) and 1390(2002) realized by Regulation (EC) No 881/2002 which imposing certain specific sanctions or restrictive measures directed against certain persons and entities associated with the Al-Qaida network. The financial assets to which the regulation applies include: funds; economic resources; financial assets of every kind etc. These financial assets must not be made available to certain natural or legal persons listed in the regulation on the basis of Common Position 2001/931/CFSP.3 Any financial assets belonging to these persons must be frozen. Banks and other financial institutions, as well as all other natural or legal persons in EU countries, are required to immediately provide any information that facilitates compliance with this Regulation, subject to confidentiality and professional secrecy. By way of derogation, this Regulation does not apply to the addition of interest to frozen accounts. However, such interest must also be frozen. EU countries determine the penalties to be imposed where this Regulation is infringed.

Abstract ▼

This article analyses the relationship between rules on terrorism in international law and international humanitarian law (IHL), with the special emphasis on the European Union’s standpoint on this issue. To this end, the article will present EU regulation in this field and the 2014 judgment of the Court of Justice of the European Union (CJEU) in the Tamil Tigers case will be analysed. Having in mind that the relation between the scope of application of the rules on terrorism and international humanitarian law is one of the contentious issues that burden and prologue adoption of the Comprehensive convention on terrorism under the auspices of United Nations, this article will point out to the standpoint which the CJEU took regarding that relation and whether it can be instructive for this process. In order to present differing viewpoints of the states about the issue of relation between rules on terrorism and IHL, process of negotiations in the Ad hoc committee whose task is to draft the Convention on terrorism will be addressed firstly. It is concluded that the Western states and those states that are members of the Organization of Islamic Cooperation have opposite views about the aforementioned relation and that these disagreements prevent them from adopting the final draft of the future convention on terrorism. On the other hand, European Union (EU) adopted the regulation on the fight against terrorism, and based on that regulation certain number of organizations is marked as terrorist organizations and economic measures are imposed upon them. Among these organizations is the organization of Liberation Tigers of Tamil Eelam (LTTE, Tamil Tigers) which challenged this decision before the CJEU. The main object of the analysis is therefore the judgment of the CJEU in this case and especially the part of the judgment in which Tamil Tigers contest the application of the EU rules on terrorism, stating that it cannot be applied in the armed conflict occurring between them and the government of Sri Lanka, since the only norms applicable in this case are the rules of international humanitarian law. The Court found that the rules about financing terrorism apply all the time and that in the situation of armed conflict they are applicable alongside the rules of IHL. The Conclusion of the article is that the CJEU approach in this judgment can give useful guidelines for the resolution of a burdening issue of the relation between rules on terrorism and IHL. The rules on terrorism should be divided into two distinct categories, and each category should have its own relation with the IHL norms – rules on financing terrorism should be applied alongside IHL in armed conflict while the rules on incrimination of terrorist acts should not be applicable in situations of armed conflict. Also, the distinction between ius ad bellum and ius in bello should be preserved, therefore the application of the rules on terrorism and IHL should not depend upon the expressed motives of the parties to the conflict. In the end, it is also pointed out that the EU regulation has some shortcomings when it comes to the definition of terrorism and some recommendations are given for its overcoming.

Abstract ▼

In this paper, the author discusses the current intention of two today sovereign states – the Republic of Serbia and Montenegro in relation to joining the European Union after 2000. In this regard, it was emphasized that the process of European integration, first of the former Federal Republic of Yugoslavia (2000-2003), and then of the State Union of Serbia and Montenegro (2003-2006) was conditioned both by the guidance specific problems between Belgrade and Podgorica, and thanks to the numerous and continuous conditioning by the European Union. In the second part of the paper, the author analyzes the comparative achievements of Montenegro and Serbia in European integration after their “disassociation” in 2006. In this context, the author underlined that both states today forefront of European integration in the Western Balkans, as well as to have candidate status to begin the process of negotiations. The author emphasizes the fact that a number of consultations on European integration between the authorities in Serbia and Montenegro have been conducted in the period after 2006, although relations between the two countries were tied to specific bilateral issues. However, the most significant turning point in this cooperation represents the “Agreement on Cooperation between the Government of the Republic of Serbia and the Government of Montenegro in the context of EU accession” ratified in 2014. In the framework of this document were indicated the priorities for cooperation in the field of European integration between Serbia and Montenegro, and established certain forms of institutional cooperation through intensive political dialogue. At the same time it was pointed to a number of areas of cooperation between Serbia and Montenegro in areas of economics, trade, harmonization of its national legislation within the European Union and cooperation between judicial authorities.

Abstract ▼

Urban regeneration has become recognized as a privileged sustainable development instrument over the past years. Today the majority of towns and cities face the problem of the lack of space for development. At the same time, there are a number of unused spaces at attractive central which also often constitute environmental risks, since they are heavily polluted. This is why the local governments have lately shifted their focus towards regenerating such brownfields, and have created various programs and strategies aimed at their redevelopment. In March 2006, the European Commission has issued a Working Document on State Aid Control and Regeneration of Deprived Urban Areas, which systematically analyses the compatibility of various types of state aid with the general regulatory framework governing the control of state aid in the EU. This document is an important soft law instrument, which clearly shows the intent of the European Commission to regulate the issue of support to urban regeneration and brownfield revitalization not through the adoption of a single regulatory instrument, but rather through flexible targeted support options. This choice of approach also provides good guidance for , where a number of regeneration efforts have been commenced lately.

Abstract ▼

Promotion of the sport plays a very important role in supporting the achievement of the recommended levels of physical activity in the European population. The subject of this paper is to support progress in the creation of policies to promote physical activity, highlighting recent developments in the national policies of Member States in the promotion of sport, with a focus on synergies and disagreements with health promotion increasing physical activity. The paper presents and discusses the main results of the latest analysis of the content of national sports strategies in the Member States of the European Union. During childhood and adolescence, physical education at school provides an excellent opportunity to learn about and practice the skills and ability to improve the lifetime fitness and good health. These activities may include running, swimming, bike riding and rock climbing, as well as more structured games and sports. Early mastery of basic skills is crucial for young people to perform better and understand the value of these activities in the course of their education, or as adults at work or leisure. In the White Paper on the sport, the Commission stated that the time spent in the sport, either in school physical education classes and extracurricular activities, can lead to significant educational and health benefits. In EU guidance given in the document “Health Enhancing Physical Activity” attention was especially dedicated to physical and mental health problems that were caused by the reduction of physical activity among young people and increase in obesity among young people.

Abstract ▼

Development of Serbia should be a combination of the EU strategy towards the Danube River and the strategy that Serbia has towards the Danube. The Danube River, its coastline and the wider area, known as the Danube region, in the commercial and economic sense, suggests that the Danube is more used in the top, than in its lower reaches. Today, the Danube region covers not only the coastal states of the Danube River but also the country through which flows a tributary of the Danube. Therefore, the Serbian perspective must take a new strategic position in the Danube region, given that its economic capacity significantly collapsed with the current economic crisis and the political turmoil that lasted from the end of the nineties. Increased cooperation between the countries of the Danube region assumes greater involvement of the Danube countries which are members of the European Union. The institutionalization of cooperation in the European integration process will mean greater coordination, but also the impact of existing mechanisms such as the Danube Commission, whose authority is not questioned.

Abstract ▼

The development of the idea of human rights is expressed through the adoption of a number of legal documents. They have seen the pursuit of the recognition of basic human rights which protect the most important human goods such as life, body, health, family, property and others. Although the order of recognition or legal rights started with verification of basic human rights (life and body), the fact is that the aspiration for a more complete and more certain legal protection of property rights of every man was expressed very early . Hence, in the first legal monuments we find provisions that protect the assets of its unlawful seizure and destruction. In the area of human rights assets represent an object of special protection in the form of property rights as basic human rights. By this is meant the right to peaceful enjoyment of possessions without the possible legal and factual disturbance by third parties. Taking into account the achievement of legal protection of property rights, the author will point out in the work the basic features of this right in international and European legal framework and case law.

Abstract ▼

The European Union is an international organisation having elements of supranationality, whose democratic values and goals have been strengthened by the Treaty of Lisbon, for which reason it is also reasonable to expect that the European Union, as an entity, will comply with international law, the principles acknowledged by international law as well as the principles of protection of human rights prescribed by international instruments in its actions and activities, those primarily contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms. Upon the accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the decisions of the EU would become subject to the control by the European Court of Human Rights, thus providing another instance for the control of the EU acts, for which reason it may be expected that the strengthening of judiciary mechanism of protection of human rights would improve the rule of law in the EU. On the other hand, we must bear in mind that there is a risk that submissiveness of the European Union to the judiciary system of the European Convention might alter the law of the Union, because of which there is a justifiable fear that the accession might jeopardize the specific of the European Union and the law of the European Union.