European Legislation Journal Archive
European Legislation Vol. 18 No. 65/2018
Content
PREFACE
European Legislation, 2018 18(65):7-8
Legislation
European Legislation, 2018 18(65):9-28
Abstract ▼
According to the research we have conducted, the possession of an ID card is compulsory in about a hundred countries, but the meaning of the term “compulsory” may have a different definition. As we will note from the further research, in some countries, the possession of an ID card may only become compulsory at a certain age. In a small number of countries, the penalty for nonpossession is monetary, but in some cases, a person may be detained until identity is proven. The random checks of the ID card are rare in the West European and American countries, or otherwise, the checks are undertaken in certain circumstances or periods. The number of countries that do not have national ID cards is almost identical to the number of countries where a citizen has a legal obligation to submit a request to the competent authority to obtain an identification document. A number of countries in the world have alternative legal solutions, by which citizens have the right to apply for an identification document to the competent authority but just on a voluntary basis. So, a citizen decides whether he will have or not have an ID card. We can note from this work that it does not deal with the arguments obtained in the legal and philosophical theory - for or against the legal obligation of possessing an ID card, but whether not carrying an ID card is sanctioned. It may not be difficult to show a state authority has the right to punish a citizen who does not carry an ID card when walking around in the city of his residence, where he lives and works, but we will direct our research to the value of what is achieved by this punishment and show all its harm. The findings from the taken sample show that the penalty for not carrying an ID card is prescribed in 0.3% of countries around the world. Also, the penalty for not carrying an ID card on the Balkan is prescribed in 83% of countries. We are facing the fact that from all EU states, only two countries have penalties for not carrying an ID card. That makes 0.07% of the total number of the EU countries. Over the investigated period of 20 years, more than 195,000 minor offense charges for not carrying an ID card were submitted in the Republic of Serbia, which makes 27.63% of the total number of inhabitants. On every 36th citizen in the Republic of Serbia, sanctions were imposed for not carrying an ID card. Contrary to the above findings in the Republic of Serbia, there are democratic achievements found in the compatible theoretical research in the legal acts of the countries of traditional democracies. In England, there is no document described in the Law on the Identity Card of the Republic of Serbia and Bosnia and Herzegovina. So, the research points to the fact that a citizen of England, Sweden and some other countries cannot be asked for an ID card, and the authorities have not even passed such a legal act. On the other hand, countries like the Federal Republic of Germany have legal acts that require from a citizen to have an identification document, but at the same time, there is no prescribed legal sanction in the case of not carrying it.
Finances
European Legislation, 2018 18(65):29-49
Abstract ▼
The financial crisis and the debt crisis which the European Union has experienced over the past decade has shown its incomplete economic and financial architecture was not sufficient to prevent the emergence of unsustainable policies and was not sufficiently resistant to effectively absorb the negative consequences that developed after that. Therefore, the institutions of the European Union have begun implementing a comprehensive package of measures aimed at strengthening economic and monetary union, which requires, first of all, the filling of the banking union and further progress of the Union towards a common capital market. In the past few months, the European Union has presented several important legislative and non-legislative initiatives for implementing measures related to risk reduction: regulatory and supervisory frameworks for preventing risk accumulation, reducing the level of non-performing loans, reducing costs for cross-border banking transactions, and counterfeiting of non-cash means of payment and improvement of financing for sustainable growth. Opening Chapter 9 - Financial services in Serbia\'s negotiations with the European Union points to some additional challenges that will have to be resolved by the end of the accession process. Bearing in mind that the European Union supervises the transposition of legal acquis into the domestic legal framework and the establishment of appropriate administrative structures capable of their implementation and realisation, monitoring of regulatory initiatives within the European Union is important for the success of accession negotiations and for further improvement of the financial stability of the Republic of Serbia.
European Legislation, 2018 18(65):50-70
Abstract ▼
The subject of the analysis in this paper is the identification and evaluation of the regulatory scope of the implementation of the Stability and Growth Pact in the European monetary law. In this respect, the focus is on issues related to the purpose and object of the original Stability and Growth Pact as a sui generis intergovernmental agreement, the importance of introduced fiscal rules and consideration of the problem of applying financial sanctions for nonimplementation of fiscal rules by the leading members of the Economic Monetary Union (EMU). In further research, the attention is paid to the analysis of the efficiency of the reformed Stability and Growth Pact in preventive and corrective part. The particular attention is paid to the determination of its importance for achieving the concept of monetary and fiscal legitimacy. By using the dogmatic, axiological and logical method, the author attempts to point out the main advantages and disadvantages of the newly developed solutions within the reformed Pact. The conclusion is that the reformed Stability and Growth Pact has failed to strengthen the concept of fiscal responsibility as a prerequisite for fiscal stability, which together with the concept of monetary stability is imperative of optimizing the direction of international monetary relations, preserving the acquest of international monetary order and achieving the necessary degree of fiscally unity in the European Economic Monetary Union.
European Legislation, 2018 18(65):71-84
Abstract ▼
In international economic operations, foreign direct investments are one of the decisive factors for accelerated economic growth, employment and technological development. Their advantages are clearly recognized and encouraged by the European Union through the implementation of measures leading to a healthy economic environment open to foreign investments. On a global scale, the European Union remains consistent in the view that economic relations should be based on internationally open, sustainable and fair trade. In recent years, there is a serious concern for the European Union over the unfair trade practice applied by foreign countries and companies. This applies in particular to State-owned third-country enterprises that make strategic acquisitions of European companies in key industrial sectors. Therefore, the Commission of the European Union issued the Communication on the measures to be taken in order to check and control certain foreign direct investments in order to protect its own trade interests. The Communication is attached to the proposal of the Regulation on establishing a framework for screening foreign direct investments from the third countries, with reference to the reasons of security and public order.
Foreign and Security policy
European Legislation, 2018 18(65):85-97
Abstract ▼
In this paper, the author discusses the possibilities for forming a common military structure of the European Union. At this moment, Europe faces diversification of threats coming from migration and terrorism inspired by the return of fighters from conflict areas to European countries. A special focus is given to the provisions of the Lisbon Treaty concerning the common EU foreign and security policy. Also, as the primary source of information for this paper, the author used the conclusions of the European Council and other relevant EU bodies. The unity of the CFSP was analyzed through the prism of the functional competencies of the EU High Representative for Foreign Affairs and Security. Methodologically, the author used qualitative and quantitative techniques in the analysis to place the debate on a common EU army in a defined theoretical framework. The basic hypothesis of the paper is a premise that the European Union will continue to be military dependent on NATO.
Social policy
European Legislation, 2018 18(65):98-115
Abstract ▼
Currently, corruption is one of the global social phenomena. In most countries of the world, irrespective of the level of their development, corruption is an integral part of social systems and one of the most current problems. The European Union as a supranational organization with a significant share of political power in the world continuously advocates the suppression of corruption. In fact, it seeks to extend a unified approach to addressing global corruption issues, which is particularly favorable for small and developing countries with a high degree of corruption. Building strong institutions in the fight against corruption, as well as clear and rigorous legal norms, is one of the first steps on this road.
European Legislation, 2018 18(65):116-124
Abstract ▼
The aim of this study was to determine the levels of sports activities of active duty officers and cadets of police schools and faculties at different life ages within the European Union. These parameters are treated as a potential quantifier that can be used in the evaluation of individuals who are preparing for future work as police officers. European Police Sports Union (Union Sportive des Polices d\'Europe - USPE) was founded in Paris on November 30, 1950, at the initiative of the French Police Sports Association. Its founding members were Belgium, Denmark, Finland, France, Great Britain, Luxembourg, Netherlands, Norway, Sweden and Switzerland. Every two years, USPE also hosts a European Police Sport Conference that is of considerable importance as it ensures fruitful cooperation by providing a discussion forum for the member countries. For instance, the previous Conferences formulated the Mission, Vision and Values of USPE, further developed the European Police Sports Badge (EPLA), while also focusing on ways and means to professionalise the organisation of European Police Championships. The goal of this alliance is to promote police sports within its member countries. Member States have organized European Police Championships at intervals of 4 years in 16 sports disciplines: basketball, crosscountry, football, handball, judo, track and field, marathon, cycling, wrestling, shooting, swimming, skiing, tennis, table tennis, triathlon and volleyball. Besides promoting police sports, such events are instrumental in fostering contacts between individuals, while raising awareness and understanding of different cultures, which will eventually result in the harmonisation of intercultural cooperation in everyday policing. USPE seeks to forge ties and develop joint projects with the European Sports Federations for putting sport on a broad basis all over Europe.
Science and technology
European Legislation, 2018 18(65):125-136
Abstract ▼
Digital technologies provide great opportunities in the area of administrative procedures, economic activities and the needs of society, where new types of products and services of informatics which do not recognize the borders of national states appear on a daily basis. On the other hand, the number of security incidents related to digital technology is increasing, and their frequency is a serious threat to the functioning of the network and information systems. The subject of the analysis is the legal acts of the European Union related to the regulation of the security of the network and information systems.
European Legislation, 2018 18(65):137-149
Abstract ▼
The subject of the work is the application of the electronic timber tracking in the Republic of Serbia. The paper explains the regulations governing the issues of electronic documents, electronic identification and trust services in the field of electronic business. Special attention has been paid to harmonization of this issue in the Republic of Serbia with the legal regulations of the European Union according to Regulation no. 910/2014 EU. Bearing in mind that the modes of operation change rapidly, the paper assesses that solutions in the field of information technology are changing faster than legislative changes. The paper expresses the view that future legal solutions should be more flexible and fully open to new technological achievements. The authors believe that future legal solutions in this area should be based on EU standards and generally accepted standards applied by technologically advanced countries.
Intellectual property
European Legislation, 2018 18(65):150-166
Abstract ▼
The subject of research in this manuscript is the right of a performer. It is a kind of related rights, which has special features and its legal nature and content are similar to copyright and other related rights. The right of a performer is solely the right that empowers his carrier to prohibit or permit the use of a certain interpretation. It is a sole right that, besides the property rights, also includes personal legal powers. The authors have presented a chronological review of the regulation of the related rights and the rights of the performer to international law and domestic legislation. It is also pointed to the process of harmonization of domestic legislation with legal acquis of the European Union in this area, as well as to the obligations which are arising from the ratified international documents and the European integration process.
Human rights
European Legislation, 2018 18(65):167-178
Abstract ▼
This paper analyzes the international and constitutional legal aspects of the right to education. The right to education is one of the most significant cultural rights, which belongs to the second generation of human rights, together with economic and social rights. The first part of the paper analyses definitions of the right to education in the most important international documents on human rights. This right is regulated by the International Covenant on Economic, Social and Cultural Rights, as well as relevant regional human rights conventions. The right to education is the only cultural right that has found its place in the European Convention on Human Rights. Therefore, the central part of the paper is dedicated to the status and protection of the right to education in the system of the Council of Europe. The right to education enjoys direct protection before the European Court of Human Rights, whose decisions have significantly improved this right. The last part of the paper analyzes the position of the right to education in the Republic of Serbia. In the constitutional system of the Republic of Serbia, the right to education is guaranteed by the Constitution and is regulated in detail by law. In its realization, there are certain problems in practice. The concluding observations summarize the results of the research and provide some suggestions for improving the position of the right to education.
European Legislation, 2018 18(65):180-194
Abstract ▼
Human rights belong to a special category of law whose source is an international legal instrument. Their integrity is not possible without the existence of a whole range of conventions, declarations, pacts, recommendations, guidelines and other regulations. In this regard, the presence of European legal instruments in all segments of human rights is extremely noticeable. Respecting an opinion that emphasizes the equality of all human rights, as well as the fact that their standardization is done in a wider range of legal instruments, it is not easy to isolate a particular human right that we can consider representative. However, at a time when property rights are increasingly gaining importance, it is of particular importance to highlight the area of the right to property as a second-generation human right. An additional motive, which has focused our attention on this human right, is the overall economic crisis caused by ownership transformation, the transition to the liberal concept of economy, the process of restitution, and so on. Conscious of the fact that our national legal frameworks must be in line with international and European legal instruments, we have come to a more fundamental examination of all the major aspects of the right to property as a human right. In this regard, we will emphasize the importance of the proper understanding of property in the international and national legal nomenclature. This can help us with the views and opinions of the European Court of Human Rights in cases of violation of the property rights of the states whose citizens are appealing to this court.
European Legislation, 2018 18(65):195-216
Abstract ▼
The paper deals with the deprivation of life of an individual by a physician at the explicit request of the patient because of his severe health condition as one of the forms of euthanasia. It starts with the right to life as a basic human right, which obliges states to protect it within their jurisdiction. Among the situations in which the deprivation of life is permitted, Article 2 of the European Convention on Human Rights does not list euthanasia. Therefore, voluntary active euthanasia is prohibited in most national legal systems. Nevertheless, with the advancement of medicine, the debate about euthanasia has acquired a new dimension over time. The paper expresses the opinion that by legalizing euthanasia, under strictly prescribed legal conditions, individual countries operate within the applicable international frameworks. In support of this view, it is noted that the quality of life must also be taken into account as part of Article 8 of the European Convention, which provides for the right to respect for private life. It is precisely the principle of limited autonomy that is the main argument invoked by the supporters of euthanasia legalisation. A mentally capable patient, therefore, has the right to decide on ending his life. A doctor is hence required to harmonize his relationship with an incurable patient according to his interests. The state must prescribe clear conditions and rules of procedure and establish a strong monitoring mechanism to prevent abuse.