European Legislation Journal Archive
European Legislation Vol. 17 No. 61-62/2017
European Legislation, 2017 17(61-62):7-8
European Legislation, 2017 17(61-62):9-19
Having in mind changes made by the Lisbon Treaty in 2009, the European Union has been committed to changing its observer status to the General Assembly of the United Nations. Following an unsuccessful attempt in 2010, the European Union gained additional rights within its observer status to the UN General Assembly in 2011. The paper analyzes benefits of the improved observer status of the European Union in the UN General Assembly, the EU priorities at the UN General Assembly and practical effects of the improved observer status of the European Union in the General Assembly of the United Nations.
European Legislation, 2017 17(61-62):20-29
The attitude of the Serbian intelligentsia and the political elite towards the idea of the European Union as the embryo of a supranational European federal state has largely determined the position of Serbia in contemporary Europe and the world. Prior to the Second World War, the Yugoslav State and Serbian Intelligence fully supported the French initiative to create a European Union with federal characteristics as a defence against war and rising fascism. In the aftermath of the Second World War, Socialist Yugoslavia gradually built a non-aligned position in relation to military and political blocs that distanced itself from contemporary social trends in Western Europe. The process of European integration in domestic scientific circles was viewed with scepticism as a kind of novelty without foundation and future. The underestimating and disputing of the importance of the European Union has contributed to the disorientation of the political decision-makers in Serbia. The alternative directions of Serbian foreign policy have materially and educationally harmed the generations of Serbs, especially young people because it artificially isolated them from the natural economic and cultural environment. Previously mentioned contributed to the territorial, economic and political weakness of Serbia and diminished its influence and prestige in the region as well as in the world.
European Legislation, 2017 17(61-62):30-42
This paper analyzes the main reasons for taking Britain out of the membership in the European Union. After this, the paper presents a procedure for leaving the membership after a referendum in the UK. Particular attention is paid to the potential issues that will arise during the negotiations and some possible scenarios of further relations of Great Britain and the European Union after Brexit are presented. Until recently, even the European Union did not foresee the possibility of membership withdrawal. This is foreseen only with the Treaty of Lisbon. One of the four largest and most influential countries of the European Union decided in a referendum to leave the membership of this organization. This event was only confirmed by the long-standing feeling that the British were not happy with participation in the European Union and that they had no clear conviction about the benefits of that membership. Although this country has been outside of some important European Union policies, its emergence from the membership is a major challenge with some predictable and probably some unpredictable consequences. Due attention was paid to the participation of Great Britain in the enlargement process of the European Union during the negotiations on the exit from the membership and the position of the Republic of Serbia in this regard. The author analyzed the consequences of the withdrawal of Great Britain for the process of enlargement of membership and pointed to two possible trends. It was concluded that after leaving the membership of the European Union, the United Kingdom will remain closely linked with it, both in economic terms and in terms of conducting foreign policy. It is likely that relations between the European Union and the United Kingdom after Brexit will be close, but the question of the application of Community law after Britain leaving remains. Furthermore, it would be interesting to see how will be completed and executed processes and judgments of the European Court of Justice, which will start before but terminate after the British withdrawal from the membership. Formally such judgments should be made, but it remains to be seen how it will end the negotiation process. Regarding the process of accession of new Member States, it is certain that Brexit will either delay the entry of new members, or the potential for new countries to become the members of the European Union will be higher than before. The active participation of the United Kingdom in the process of accession to membership is somewhat inappropriate when this country is irreversibly on its way out of the European Union.
European Legislation, 2017 17(61-62):43-62
Although the secular character of the state is not questionable in Europe, regarding the relations between the state on one hand and the church and religious communities on the other, different models can be noted. They are conditioned by the tradition, the historical circumstances of the development of certain countries, culture and a modern social role of the church and religious communities. Regardless the constitutional model of the relationship, the guarantee of full religious freedom, which includes an individual and corporative component with certain differences in coverage of constitutional guarantees, presents one of the main European standards, which experienced a certain progression in the second half of the 20th century in terms of the guarantee of additional rights, wider defining, and the tendencies of development of multiple relations between the state and the church and religious communities. Besides, the limitations of this freedom or work of religious communities and the possibilities of their ban are restrictively explained and applied. Bearing in mind the international guarantees, comparative experiences, constitutional framework of the relations between the state and the church and religious communities, as well as religious freedom, in Serbia it is on the level of the highest standards, which, unquestioning their separation, provides enough wide opportunities for the development of multiple cooperation and valorisation of the positive role of the church and religious communities in public life.
MINIMALNA PRAVILA O PRAVU NA PRAVNU POMOĆ ZA OSUMNjIČENA, OPTUŽENA I TRAŽENA LICA U PRAVU EVROPSKE UNIJE
European Legislation, 2017 17(61-62):63-87
On 30 November 2009, the Council adopted a Resolution on a Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings (the Roadmap). Six measures on procedural rights in criminal proceedings have been adopted pursuant to the Roadmap to date, namely Directives 2010/64/EU, 2012/13/EU, 2013/48/EU, (EU) 2016/343, (EU) 2016/800 and (EU) 2016/1919 of the European Parliament and of the Council. In the paper, the author applies the dogmatic and the normative method to analyse the Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings. This Directive complements Directives 2013/48/EU and (EU) 2016/800. At the end of the paper, the author considers the importance of the studied Directive for the Republic of Serbia and its road to the membership in the European Union. He concludes that the incorporation of the procedural rights this Directive applies to in the legislation of the Republic of Serbia would imply that these rights are guaranteed not only by the provisions of the Special Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union, but also by the provisions of the Criminal Procedure Code, the Law on Juvenile Offenders and Criminal Law Protection of Juveniles, as well as by the provisions of the Misdemeanour Law.
European Legislation, 2017 17(61-62):88-101
In this paper, the authors analyze the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, which was adopted on May 11, 2011 in Istanbul. Namely, the adoption of this Convention created a completely new legal mechanism for the prevention and suppression of violence against women and domestic violence. It is specifically pointed out that the adoption of such a legal act shows that domestic violence has been recognized as a global international legal and social problem, which has been addressed in a particularly serious and responsible manner. As the Republic of Serbia ratified this Convention, the relevant changes in the positive Serbian criminal legislation are briefly presented. The authors point out that the application of the above-mentioned normative framework for the suppression of domestic violence will show the extent to which it is truly effective.
European Legislation, 2017 17(61-62):102-123
Eliminating gender discrimination and achieving gender equality in employment and at work, is one of the fundamental values of Labour law of the European Union and the Republic of Serbia. Promotion of gender equality involves a complex normative activity, which includes the provision of equal opportunities and treatment regardless of gender in terms of employment and work engagement, transferring and promotion in the workplace, as well as the achievement of the right to equal pay for the same or work of equal value. Eliminating or reduction of uneven gender representation is also realized through the equal availability of jobs and positions, proportionate participation in collective bargaining, the prohibition of discrimination based on sex, in the achievement and use of rights in the field of social and health protection. The accomplishment of real gender equality is also achieved by adoption and realization of affirmative measures, to encourage employment and self-employment of a less represented gender.
European Legislation, 2017 17(61-62):124-142
The Republic of Serbia has prescribed new sexual criminal offences by adopting a new criminal regulation in 2005. The Criminal Code is based on the international standards which are a part of numerous documents of universal and regional international organisations (Council of Europe, European Union). It was updated in 2009 and 2016, respectively. Providing criminal responsibility and punishing ability for the most severe forms of pornographic criminal offences and a system of prevention measures among relatives, Serbia approached numerous other legal and social systems. The author of this work analyses the international and regional standards of system measures against pornographic criminal offences. In particular, this means the analysis of the practice of the European regional organisations and its implementation in the criminal legislation of Serbia.
ZLOUPOTREBE RAČUNARSKIH MREŽA U CILjU ŠIRENjA INTERNET PEDOFILIJE I PLASIRANjA PORNOGRAFSKIH SADRŽAJA
European Legislation, 2017 17(61-62):143-155
A particularly prominent problem in contemporary society is the abuse of computer networks, especially the Internet, given the enormous opportunities that this global network provides daily to all its users. After the basic criminological review of the abuse of computer networks in the field of Internet paedophilia and the placement of pornographic content, the paper primarily focuses on the analysis of the contents of the Council of Europe Convention on Cybercrime in the area of child pornography-related offenses, bearing in mind that the Convention is the most important international act in this area, adopted with a view to harmonizing national legislation in the fight against cybercrime. After that, the attention was devoted to the analysis of the contents of the criminal legislation of the Republic of Serbia in the part referring to the matter mentioned. Particular attention has been paid to two criminal offenses whose national criminal legislative definition is the basis of the paper’s topic. These are the following crimes: (1) the acquisition and possession of pornographic material and the exploitation of a minor for pornography (Article 185 of the Criminal Code) and, (2) the exploitation of a computer network or communication with other technical means for the commission of criminal offenses against sexual freedom against a minor (Article 185b of the Criminal Code). These crimes are, according to the provisions of the Convention, classified as cybercrimes which in the national legislation belong to the domain of the Prosecutor\'s Office of special jurisdiction – the Prosecutor\'s Office for Combating Cybercrime. In conclusion, it can be pointed out that in addition to adjustment of Serbian criminal legislation to the current European standards in this field, it is necessary to simultaneously improve the procedural mechanisms in the procedure for criminal offenses in the field of internet paedophilia and placement of pornographic contents, as well as the implementation of a number of preventive measures that can, in the long run, contribute to reducing the number of criminal offenses in this area.
European Legislation, 2017 17(61-62):156-171
The non-contentious procedure differs considerably from other civil court procedures because of a series of specific characteristics. It is applied in different areas of civil law relations and therefore the rules of this procedure are heterogeneous. Serbia amended the status procedures according to the basic principles of the law on contentious procedures by the amendments and supplements to the Recommendation of the Committee of Ministers of the Council of Europe no. R (99). A time limit is foreseen in respect to the duration of the imposed measure of labour capacity limitation. The court may impose the term of this measure within a period not exceeding three years. In addition, the law on the noncontentious procedure is in line with the provisions of the law on the notary public because it was necessary to have a normative regulation of the trust function of notaries and also to anticipate the powers that public notaries have in delegated and entrusted non-contentious proceedings. The implementation of the principle of efficiency and urgency in the procedure should be regulated by the implementation of the Law on the Protection of the Right to Trial, which provides for a special noncontentious procedure containing specific instruments that should ensure an efficient and effective court conduct. In addition to these amendments to the law on the non-contentious procedure that were necessary, there is a serious and very fundamental reform of the out-of-court procedure. We believe that future solutions in the field of out-of-court procedures should be based on new principles specific to non-contentious proceedings, which will facilitate the access to courts for citizens and ensure quality and transparent legal protection in accordance with all European legal standards.
Economy, competition, entrepreneurship
European Legislation, 2017 17(61-62):172-190
The recent economic crisis has significantly challenged and subsequently changed the framework of European Economic Governance, which became more complicated. This created additional challenges for the EU accession candidates in the economic policy dialogue based on Economic Reform Programmes, while on the other side the accession negotiations on Chapter 17 have given more importance to meeting the Copenhagen economic criteria, more than it was the case in previous enlargements. The purpose of this article is to briefly present the normative framework of economic policies planning in the EU, through several main reform packages, and to describe the “European Semester” as a process of ex-ante coordination and surveillance of economic planning. The EU\'s economic governance framework revolves around the European semester, its economic policy coordination system, while for the accession candidates a specific “Semester Light” has been in force and currently shapes the planning of economic policies in Western Balkan states. The Government’s Economic Reform Programme is currently the most prominent and tracked document on economic reform; however, it is not the only one of its kind. This clearly explains how economic conditionality, as accession criteria, shapes the policy reform.
European Legislation, 2017 17(61-62):191-200
The position of national postal operators is an actual topic from the time of forming of the first states to nowadays. The tendency of improving the business of postal operators changed from the monopoly position of postal operators to full trade liberalization. Today\'s attitude in most developed countries of the world is driven by the motive that the postal market has to be completely liberalized to get market-oriented entities in the final form. The opening of the postal services market caused a significant increase in the number of postal operators oriented towards more profitable segments of the market. On the other hand, the fulfilment of public interests with the universal service of the public postal operators is a considerable burden. This raises the question of the sustainability of such a state, i.e. whether liberalization has eliminated all the shortcomings of the monopoly position.
European Legislation, 2017 17(61-62):201-223
Through the German Products Liability Act of 1990, there has been an incorporation of regulations of the Directive 85/374/ЕЕC into the German legal system. By this Law, strict product liability has been introduced from products with deficiency, but with the regulations of this Law, it has not been excluded the application of regulations on non-contract and contract liability of the German Civil Law. The author in this scientific paper deals with: the issue of determining a lack of products from the aspect of the regulations of the Law on Production Liability; whether by this Law it is suppressed a traditional tripartite division of a product lack of the German Court practice; whether the regulations of this Law can be applied to the products dangerous by themselves. Also, we shall give attention to the German Pharmaceutical Products Act of 1976 for the fact that it has predicted strict liability before the Directive 85/374/EEC for the damage due to the lack of medicines, and it is interesting to determine whether its regulations can be still applied today. The author also deals with the issue of incorporation of Directive 85/374/EEC into the legal order of the Republic of Serbia. Certain specific issues of strict product liability have been analysed for damage caused by products with deficiency and also deviations of the Law on Consumers\\\' Protection of the Republic of Serbia and Directive\\\'s regulations.
European Legislation, 2017 17(61-62):224-236
In the paper is analysed the obligation of paying the purchase price in the contracts for the international sale of goods. The basic obligation of a buyer in the contracts for the international sale of goods is to pay the price and to take over the goods. The delivery of the goods is a subject of seller’s obligations. In the contracts for the international sale of goods the buyer also assumes other obligations such as, for example, the inspection of goods, the notification of non-performance to the seller, taking measures to preserve the goods in the case of contract termination when the buyer intends to return the goods to the seller, the possibility of requesting the replacement goods in the case of termination, and the like. Special attention in this work is dedicated to the EU Convention on Contract for the International Sale of goods relating to the obligation to undertake preparatory work by the customer in order to facilitate the execution of payment and business (legal) consequences in case of failure to meet these obligations. This issue applies also to the Serbia-EU accession negotiations under Chapter 30 of the negotiating framework.
European Legislation, 2017 17(61-62):237-254
In the modern business world, the banking sector is of great importance because banks have a significant place in the financial mechanism of each economy. The place and role of banks require that their business is kept under constant monitoring. Since many banks operate globally, it is necessary to have a regulator at the international level. This is exactly the Basel Committee that defines the rules and gives guidelines which banks have to adhere to in their business. These guidelines and rules are embodied as the Basel Agreements I, II and III, and they complement each other. The paper explains the purpose, goals, structure, advantages, disadvantages and implementation of the Basel standards, from Basel I to Basel III. The application of Basel standards should make banking operations safer, with banks becoming more resilient to negative changes. Each of these standards must be implemented in the country\'s banking system if that country wants a stable and strong financial system resistant to stress and crises. Any failure to comply with the given rules and guidelines by banks can easily turn into a crisis. The global financial crisis, partly promoted by inadequate regulations, has provoked a further development of the Basel standards. Basel III, as the latest standard that has been adopted, has provided a good framework for the long-term success, survival and security of the banking sector\'s operations, and provides banks with a good basis for coping with unforeseeable events in the future. How long the new standard will succeed in the set goals remains to be seen. The aim of this paper was to familiarize with the Basel standards I, II and III, and to observe their implementation and application in the Republic of Serbia and the Republic of Croatia. In this paper were used: the method of analysis and synthesis, the method of induction and deduction, the historical method and statisticalmathematical method.
European Legislation, 2017 17(61-62):255-265
This paper is about the free movement of capital as one of the European Union’s four freedoms together with the free movement of goods, services and people. In this paper, it will be shown what constitutes the free movement of capital and what constitutes the restrictions of free movement of capital, mostly through the practise of the European Court of Justice. Furthermore, the relations between the free movement of capital and third countries will be shown and also a problem of capital localization. Then, the member states’ rights regarding restrictions will be shown. In the end, the relation between foreign direct investments, bilateral agreements and free movement of capital will be analyzed.
UREDBA O PRELAZNIM ARANŽMANIMA ZA BILATERALNE INVESTICIONE SPORAZUME IZMEĐU DRŽAVA ČLANICA EU I TREĆIH DRŽAVA
European Legislation, 2017 17(61-62):266-272
The Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing a transitional arrangement for bilateral investment agreements between the member states and third countries represents a major step towards the establishment and implementation of a single and equitable foreign investment protection system in the EU. The Regulation finalizes discussions regarding the legal effects of BIT between EU member states and non-EU countries. The basic dilemma regarding BIT outside the EU comes from Article 207 of the Treaty on the Functioning of the European Union (TFEU), which regulates foreign direct investment within the exclusive competence of the EU. Before the Lisbon Treaty came into force on 1 December 2009, certain Member States were authorized to access the BIT, while the EU secured foreign investment liberalization and focused on free-trade agreements. It is also important that the Commission is currently negotiating investment specifics, including the protection of investments in the context of talks on a free trade agreement with some countries outside the EU (e.g. Canada, India and Singapore). The Lisbon Treaty has abandoned such an approach by conferring jurisdiction on the EU itself in relation to foreign direct investment, including negotiations and conclusions on foreign investment with non-EU countries. The Regulation continues to be a smooth transition to a new EU investment policy by providing legal certainty for European and foreign investors benefiting from the investment protection offered in bilateral agreements on investments of member states concluded with other countries prior to the Lisbon Treaty. The Regulation clarifies the legal status of these agreements in accordance with EU laws and confirms that these agreements may remain in force until it is replaced by a new EU foreign investment agreement. At the same time, the Regulation establishes a mechanism for negotiating the conclusion of bilateral investment agreements with countries originally not envisaged for foreign investment in the EU. This solution is aimed at extending the scope of investment protection currently available to European investors.
European Legislation, 2017 17(61-62):273-284
The market daily makes the selections among companies by continuously setting increasing number of standards and requirements, which should be answered in order to ensure survival. Insufficient ability to keep pace with competitors gives rise to serious financial problems, which may result in the exit from the market and the start of the business cessation process. When an enterprise encounters difficulties in performing its activities that are mainly of a financial nature, when it is no longer able to function normally, or when it is unable to settle its obligations, a bankruptcy is imposed as a solution to the problem. Opening a bankruptcy procedure can mean the beginning of the cessation of business, its closure or extinguishing, which unfortunately happens in the vast majority of cases. The need to protect creditors\' interests becomes stronger in companies whose continuation of operations is questioned due to high losses and inability to pay its obligations. The task of bankruptcy laws is to protect the interests of creditors, regardless of whether the company\'s crisis will end with a reorganization or a bankruptcy. The main purpose of the bankruptcy procedure is to settle the claims of creditors depending on the total volume of their claims and the available bankruptcy estate. Also, the opening of bankruptcy should stop the possible dissipation and the alienation of the assets of the debtor in order to maximize the creditors\' claims. In order for bankruptcy proceedings to be initiated, it is necessary to fulfil certain legal requirements. According to the current Bankruptcy Law of the Republic of Serbia, the main reason for the initiation of bankruptcy proceedings is the inability to make payments (complete suspension of payments from the company\'s current account for more than 30 days) or overindebtedness or insolvency. Since bankruptcy is a forced procedure, it consists of several steps, of which the most important is the initiation of bankruptcy proceedings, the formation and liquidation of the bankruptcy estate, the settlement of creditors from the bankruptcy estate and the conclusion of the bankruptcy proceeding. Solving bankruptcy issues contributes to increasing the efficiency of the economy. Serbia\'s membership in the Council of Europe involves harmonizing laws and adapting to European standards in the area of bankruptcy and bankruptcy legislation. Legal and economic experts point out that the adoption of the regulations in the European Convention on Certain International Types of Bankruptcy and Bankruptcy Proceedings contributes to the improvement of legal economic regulations in the Republic of Serbia..
European Legislation, 2017 17(61-62):285-300
The paper identifies the place and importance of the principles of contemporary environmental politics and law in three different and mutually related legal systems (international environmental law, EU law and the national legal system of RS). The first part of the paper provides an overview of the some interpretations of the role of the most important principles of international environmental law (prevention principle, precautionary principle, polluter pays principle, the principle of joint and special responsibility, the principle of cooperation, no harm principle, participation principle, the principle of intergenerational equity, etc.). Although there could be raised a larger question related to the legitimacy of the principles as a source of law, the paper starts from the premise that the principles of contemporary environmental politics and law present one of the fundamental elements necessary for interpreting the rights and obligations of relevant subjects in the specific area. The second part of the paper points to the place of the principles in the EU environmental law and the regulations of RS from the first law on environmental protection (1991) to the present day. The importance of the principles for RS should be viewed in the context of the overall efforts to follow the contemporary environmental trends and build a modern system of norms in this area. This includes the harmonization of national regulations with EU regulations, including the process of confirming and implementing international environmental agreements. The basic thesis under consideration is that there is a significant level of the interweaving of the principles of contemporary politics and environmental law in these three systems of norms. Certain differences, uncertainties and dilemmas regarding the character and content of the particular principles should be interpreted in the context of historical circumstances, achieved levels of development and specific objectives of the legal order at the international level, the EU level and the RS framework.
Foreign and Security policy
European Legislation, 2017 17(61-62):301-314
The process of European integration of the Republic of Serbia is strongly determined by the process of harmonization of Serbia\'s foreign policy with the EU\'s Common Foreign and Security Policy. The structure of this process is marked by instability, caused by the changes in European and world politics, which is additionally characterized by interdependence and globalization. This paper deals with main challenges regarding Chapter 31 and its impact on the whole process of European integration of the Republic of Serbia. Furthermore, the paper analyzes the harmonization of Serbia with EU\'s foreign policy declarations and actions, over the past few years and possible obstacles for Serbia’s foreign policy priorities in terms of EU\'s conditions, as well.
European Legislation, 2017 17(61-62):315-344
The subject-matter of this paper is the relation between strategic planning and strategic development of public security in the Republic of Serbia in the last 15 years in each aspect. The main hypothesis of the paper is: \"In the last 15 years, strategic planning has, to a varying extent, influenced the development of public security in the Republic of Serbia by being significantly more developed in aspects of social relations and systems, and significantly less in aspects of the state and functions of public security\". The aim of the research is to identify, describe and explain the types and conditions of strategic changes in public security in the Republic of Serbia in the last 15 years in all its aspects. The paper identified key determinants and areas of strategic development of public safety, such as organized crime, corruption, drug crime, violent crime, etc. Within each area is identified and described the strategic development of public safety. The paper uses qualitative and quantitative approach to research and secondary data from relevant research. Basic methods used in the study are: content analysis, secondary analysis, statistical methods, analyticalsynthetic and inductive-deductive method. Key results of the studies relate to the confirmation of the working thesis. Namely, strategic planning has contributed most to the development of public security in aspects of social relations and the system, and less in aspects of state and functions. The main recommendations of the paper are: the development of a preventive police strategy involving all responsible corporate entities, the application of strict and objective evaluation of strategic processes, strengthening the service role of the police in the community, the implementation of modern models of police management and work, such as Police work in the community, Intelligence Led Policing, process management, quality management, etc. Also, strategic managers should encourage and develop an incremental approach to the strategic development of public security, not just prescriptive approaches.
European Legislation, 2017 17(61-62):345-353
This manuscript focuses on the inconsistency of harmonization in the field of the private security sector and security companies. Security companies are businesses that provide security services in the market. Until a few years ago, the services provided by these companies were considered as part of regular public affairs. Today, many of the businesses in the area of security are fully open to private security companies and regulated at the national level. However, in terms of the EU, the private security sector cannot fully grow without synchronizing areas that would facilitate cross-border competition in the European market. Possible intervention by the European legislators to consider the issue of liability of private security companies on issues of human rights, which has not been discussed at the national or transnational basis. The article will explore some of the possible options for the future in better regulation of the European private security sector. The EU institutions are generally not willing to intervene at European level in setting minimum standards for the regulation of private security. Accordingly, changes in the field of the EU relating to security, legislation and private security industry means that the current thinking and attitude may be a new understanding, which could be radicalized thinking and consideration.
European Legislation, 2017 17(61-62):354-367
The contemporary migrant crisis has become a global problem that has affected the countries of Africa, the Middle East, South Asia and Europe. Refugees and migrants are not new terms; they have been known in the Old and Middle Ages and have continuously existed to this day. This article explains the difference between the terms refugees and migrants. Then this article deals with migrations and the emigration of Serbs through the last century to these days. In this article, the problem of refugees that has existed for centuries has been dealt with from the international legal point of view. In the first and second decade of this century, the refugee and migrant issues have become a global problem, created by the wars and arm conflicts in the Middle East and Africa. It is estimated that at least four million refugees due to these wars and armed conflicts in these areas left their homes for justified fear for their lives. Terrorism has also become an international problem. Europe is exposed to the biggest blow and inflow of migrants and refugees from the Middle East and Africa, which caused a different stance in the countries in the European Union over the admission of migrants and refugees. The fact is that the United Nations and all other international organizations are not able to solve the problem of migrant and refugee crises as well as international terrorism. The author believes that only the cessation of the aforementioned wars and armed conflicts in these areas would solve the migrant and refugee crisis, then there would be no justifiable fear for the lives of people who live in these areas, i.e. countries.
European Legislation, 2017 17(61-62):368-384
Social risks, as a part of the social environment with a negative impact, can have a great influence not only on satisfying the needs of individuals but also on the level of the whole society. Taking above-mentioned into consideration, one of the major tasks of social politics is to ensure the channelling of those risks through the system of social insurance. Bearing in mind that social risks represent the inevitable phenomenon in every country, the main task of this research paper is to show and explain the nature of social risks appearing in the European Union and Serbia, and also the way in which Serbia and certain EU countries prevent and resolve these risks through the policy of social insurance.
European Legislation, 2017 17(61-62):385-398
The minors, generally speaking, are the most sensitive categories of offenders in society. Their status position is linked to the general condition of the psycho-physical immaturity. It resulted in the first written legal sources glimpses of a more favourable attitude of lawmakers against minors. In ancient times until the present day, the juvenile was seen as vulnerable offenders. In criminal law, the status of a minor shows the presence of the various models, which are characterized by peculiarities in the Juvenile approach crime. However, serious updating of the criminal status of minors is linked to the emergence of restorative justice. It represented an antipode of a retributive approach to crime. First, as a unique way of treating crime, restorative justice has had its stronghold in the application of alternative measures against juveniles. On this basis, the majority of European countries revised the existing legal provisions and introduced, under various names, alternative measures against juveniles. Criminal legislation of the Republic of Srpska was the 1990s system of criminal reactions to minors, through the introduction of Educational Recommendations. These measures do not belong to criminal sanctions but to the criminal law specific type measures (sui generis). Specifics of corrective recommendations derived from their distinctive legal nature, the process conditions for imposing, an uncertain outcome in terms of the final outcome of the application, the competence of (prosecution and judgment), and others. Therefore, it is of paramount importance to point to the features of the educational recommendations in the Republic of Srpska.
European Legislation, 2017 17(61-62):399-409
The paper raises important research questions relevant to the concept of transferable skills, their significance and application through English courses in geology studies. In order to clarify the concept and overcome major ambivalence that exists in the field, the first part of the paper analyzes the definition and classification of transferable skills. The paper further offers insight into the complexity of the application and the emergence of skills in a number of different contexts. Placed in geological studies, transferable skills are viewed as indispensable both in terms of academic area and career context that follows. Bearing in mind the complexity of the above-mentioned conceptions, the next part of this paper attempts to offer explicit forms of planning and teaching of transferable skills within English courses. The final part of the paper indicates that the importance of transferable skills for the Republic of Serbia resides in, among other things, students’ awareness of self-development, self-realization in their career and numerous other areas of interest as well as the consequences of the lack thereof. In this way, we want to point out that the responsibility does not lie only with educational institutions, individuals or lecturers’ expertise. Neither is the mere openness of our students to formal training at the university enough. One of the key factors of the student’s career development is the awareness that acquiring skills continually opens up new horizons of knowledge, thus ensuring mobility on the market and increasing competitive advantage and the assumption of new career roles.
European Legislation, 2017 17(61-62):410-428
Children represent a special group of people with a series of specific needs for protection, because of their psychophysical state, according to their age. Enabling the fulfilment of all child\'s rights and providing an adequate protection and conditions for the correct development of children, must be of primary importance on the national and international level. The need for more efficient solving of the child\'s rights protection issue has forced upon adopting different international, but also regional documents, whose cause is determination and expanding the catalogue of child’s rights on a higher level, development of national modules and strategies of protection, as well as acceleration of countries’ cooperation in terms of applying these rights, which include the child\'s right for protection from violence. Violence over children presents a constantly actual problem, and especial worry is an increasing extension of peer and family violence. From the analysis of the documents which contain regulations in this area, it is clear that raising a level of conscience about the guaranteed child\'s rights, as well as about the seriousness and destructiveness of appearance of violence over children, needs necessary actions towards more efficient protection of children and their rights.
PRIHVATLjIVOST INDIVIDUALNIH PREDSTAVKI PRED EVROPSKIM SUDOM ZA LjUDSKA PRAVA – AKTUELNI PROBLEMI I NOVE TENDENCIJE
European Legislation, 2017 17(61-62):429-443
The paper analyzes the admissibility criteria of an individual application submitted to the European Court of Human Rights. It also contains the analysis of an important protection mechanism instituted by the Council of Europe. Since almost 90 percent of applications are being rejected, the topic of particular admissibility criteria and the way they are being interpreted by the Court is of essential importance for every applicant. In relation to that topic, the author puts forward an analysis of standards instituted for the purpose of anonymity and of applications that are manifestly ill-founded or substantially the same. The analysis concerns also the cases in which applications are incompatible with The European Convention for The Protection of Human Rights and Fundamental Freedoms as well as the cases in which applications have not been submitted within six months. The author also focused on the innovations introduced by the ratification of the Protocol no. 14, for example, the new standard of admissibility that allows the Court to evaluate whether the applicant had suffered a significant disadvantage. The paper also presents an interpretation of restrictions imposed on admissibility criteria as a consequence of ratification of Protocol no. 15.
SUDIJA ZA IZVRŠENjE KRIVIČNIH SANKCIJA U ZAKONODAVSTVU REPUBLIKE SRBIJE I PRAKSI EVROPSKOG SUDA ZA LjUDSKA PRAVA
European Legislation, 2017 17(61-62):444-458
One of the reasons why the Law on the Execution of Criminal Sanctions 2014 was adopted (ZIKS) was the necessity of introducing a specialized judicial body, which will supervise the procedure for the enforcement of criminal sanctions and take into account the rights of persons deprived of liberty, which are guaranteed by numerous international documents. After two years of application of the ZIKS, it is possible to make an impression on the efficiency of the work of judges for the enforcement of criminal sanctions, especially taking into account the practice of the aforementioned judges on the one hand, and the obligations that the state of Serbia took over by ratifying all international documents that clearly set forth an absolute ban torture, inhuman or degrading treatment or punishment, or - the prohibition of ill-treatment. This article highlights, first of all, certain legal solutions, which can be characterized as incomplete or superficial, and then to the shortcomings in the work of judges for the enforcement of criminal sanctions. Finally, the analysis of individual cases brought before the European Court for Human Rights on violations of Article 3 and Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms points to the possibility of the responsibility of the Republic of Serbia due to the insufficient effective protection of the rights of persons deprived of their liberty.
European Legislation, 2017 17(61-62):459-471
In the paper, the authors present and analyse the nine judicial training principles adopted by the European Judicial Training Network (EJTN). These principles are the sublimation of the existing best comparative practices and standards related to judicial training, including both initial and continuous training, and underlining the importance of the support of the executive power to the functioning of judicial training institutions. The objective of the paper is to showcase and analyse in detail the contents of these principles in the context of their importance for the functioning of an independent judiciary and the rule of law. Using the comparative law method, the authors also present specific examples of the implementation of these principles in practice. Finally, the authors highlight the importance of these principles for Serbian judiciary.