European Legislation Journal Archive


European Legislation Vol. 19 No. 73-74/2020

Content

SUSTAINABILITY OF THE CONCEPT OF REGIONAL COGENT NORMS – GENERAL SYSTEM AGAINST THE EUROPEAN SYSTEM
Bojan MILISAVLJEVIĆ
European Legislation, 2020 19(73-74):5-16
Abstract ▼
This paper presents an analysis of a new and sensitive issue of interest to the entire international community - the issue of regional ius cogens norms. It starts from the current work of the United Nations Commission on International Law and follows discussions and comments from both states and leading authors on this issue. The author takes a clear position that regional ius cogens norms should be accepted, considering that they already exist as such in Europe within the system of the Council of Europe and the European Court of Human Rights, but also in the system of the European Union. It was pointed out that regional cogent norms are gradually being accepted in other areas, for example, on American soil, so that is only one of the reasons for their recognition. Unfortunately, members of the International Law Commission have still taken a stand on the recognition of these norms, although some significant authors support their acceptance. The paper clearly shows that although the issue of regional ius cogens norms is often associated with the fragmentation of international law, this is a positive aspect. Namely, the acceptance of regional ius cogens norms would represent the improvement of the entire international law, but not at the cost of the existence of general ius cogens norms. The author insists that the area of Europe was the ground where international law was born and where the degree of integration of states is at the highest level, so the entire international law, as well as human rights in general, would be improved through regional coherent norms.
THE POSITION OF THE ROMA IN THE EUROPEAN UNION – LEGAL FRAMEWORK AND REALITY
Ana BATRIĆEVIĆ
European Legislation, 2020 19(73-74):17-39
Abstract ▼
Since their settlement in Europe, the Roma have been exposed to continuous discrimination by the majority population, causing the violation of their fundamental human rights as well as the breach of obligations derived from international conventions relevant to the promotion of equal treatment of all citizens. The European Union has dedicated a large number of international legal sources to the suppression of discriminatory treatment based upon various grounds, including nationality, and a special set of its legal provisions is related to the protection of the Rights of the Roma and the facilitation of their integration in the member states. Having in mind the results highlighted in Serbia Progress Report for 2019 adopted by the European Commission, confirming that our country, just like the European Union member states, is also familiar with the discrimination of the Roma in key areas such as health protection, housing, education and employment, as well as the obligation that the Republic of Serbia has in line with Chapter 23 dedicated to justice and fundamental rights, the author of this paper analyses key European Union legal sources regulating: the suppression of discrimination in general, combating the discrimination of the Roma and the application of the measures for their integration. Moreover, the author also examines the documents that illustrate the practical application of some measures for the Roma protection and integration in the member states, highlighting key achievements as well as difficulties and challenges in this field. Based on available reports, the author makes suggestions and recommendations for the improvement of the situation in this area in both – the European Union member states and Serbia, assuming that European legislation and experiences, together with detected issues and obstacles, should be observed as guidelines for future actions.
THE LIMITS OF THE EXTRATERRITORIAL EFFECT OF THE EU GENERAL DATA PROTECTION REGULATION
Mihajlo VUČIĆ
European Legislation, 2020 19(73-74):41-59
Abstract ▼
The EU General Data Protection Regulation (GDPR) has an impact on standards of data protection in other legal systems due to its extraterritorial effect. The attractive internal market is the main reason for foreign companies that use personal data of the EU citizens or residents in their business operations to comply with its provisions. Therefore the EU jurisdiction stretches extraterritorially. The extraterritorial activity of one sovereign jurisdiction, in principle, is not contrary to international law but creates problems in practical application and enforcement, as well as objections of other sovereign jurisdictions that can claim a stronger link with the legal issue at hand. Through international treaties that regulate the extraterritorial jurisdictional issues, these problems can be solved. However, the right of personal data protection of the GDPR is constructed as a human right, absolutely protected, which automatically negates the effect of such a treaty. The Court of Justice of the EU has shown the willingness to defend the integrity of this right. This article raises the question of whether the attraction of the internal market together with the conception of the right to data protection as a human right can impose the EU’s data protection model as a global model. It is argued that economically powerful states, even if they share human rights values with the EU, can stand the extraterritorial impact of the GDPR shown through the lens of the EU-US relationship. However, the real problem exists in the conflict of jurisdiction with an economic power with a totally different system of values concerning human rights, and especially data protection rights, such as China. In this context, the article’s conclusion states that, in the best scenario, the extraterritorial effect of the GDPR can lead to the EU’s data protection model becoming a role model for a bloc of like-minded legal systems, especially since data protection in current international relations is rather a security than an economic issue.
DECISION no. 1313/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 DECEMBER 2013 ON A UNION CIVIL PROTECTION MECHANISM
Aleksandar JAZIĆ
European Legislation, 2020 19(73-74):61-71
Abstract ▼
Prevention of different disasters is one of the key aspects of the European Union’s stronger activities in the area of civil protection. The goal was to create more efficient civil protection in accordance with modern threats brought by disasters. For this reason, the European Union created the Union Civil Protection Mechanism. The purpose of this Mechanism is to make the activities of the European Union in the field of prevention and disaster consequences elimination more efficient. Maybe the most important reason is many times seen phenomenon that a disaster in one state causes consequences in another. Sometimes a disaster appears in several neighboring countries at the same time. In the case of the European Union that also means that the disaster in a state which is not a member can also hit some of the member states. Because of the consequences, every disaster is provoking redirection of financial and economic resources. It always strongly affects the normal functioning of every member state and also the European Union as a whole. These facts caused the creation of the Union Civil Protection Mechanism with the primary goal to prevent possible disasters. On the other hand, the purpose of this Mechanism is to enable the fast stabilization of the economic and political systems of the member states after a disaster.
EUROPEAN BANKING UNION AS PART OF THE POST­CRISIS GOVERNANCE SYSTEM OF ECONOMIC AND MONETARY UNION
Dragana DABIĆ, Branimir GAJIĆ
European Legislation, 2020 19(73-74):73-98
Abstract ▼
The paper examines the assumption that the project of building the European Banking Union represents the most significant transfer of economic competencies to the European Union since the decision on the centralization of monetary policy. The goal of the paper is twofold. The architecture of the Banking Union is considered first, primarily on the basis of the sources of European law. Thereafter, the broader implications of the integrated financial framework are considered, primarily expectations regarding further centralization of competences at the Union level. For now, the establishment of the first two pillars of the architecture of the Banking Union has been set up – the Single Supervisory Mechanism and the Single Resolution Mechanism. However, the Banking union with its current setup did not achieve the goals set by European statesmen and Union officials. It is still incomplete. In order to complete it, it is necessary to set up its third pillar – the European (supranational) deposit insurance mechanism. It is concluded that in the future, this project will be the playground for further institutional reforms in the direction of a “genuine“ Economic and Monetary Union. The way in which the governance system in the euro area is definitely shaped, in terms of relations between the central level and the member states (federal principle versus return to lower levels of integration), as well as, relations between the members themselves (principle of democratic equality versus undemocratic pattern of superiority and subordination), will have crucial impact on the future of the European unification project. It is necessary to take further steps in order to legitimize relations between political actors, functioning of the institutions and insufficiently transparent supranational decision-making processes.
GENERAL REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION ON DATA PROTECTION (GDPR) – OVERVIEW AND NEWS
Marija MAJSTOROVIĆ
European Legislation, 2020 19(73-74):99-117
Abstract ▼
Everyday use of the Internet, both for business needs and for private purposes (from storing data on cloud systems, using applications and many other contents that access various biometric and personal data), has put a modern man at the center of technological development, digitalization, and connectivity via different networks. The significance that the exchange of goods, gold, and then the trade of goods and services once had on the economic development and technological progress is today transferred on data. In the digital age when data are the driver and the basis for the development of every company and the basic derivative of every society, citizens often and without much thought easily leave their data available to many companies that collect data and make business decisions based on their processing. This led to the need to regulate the field of data protection. With the increase in the number of data about all of us comes the need to protect privacy and increase control of our personal data. In line with this aspiration and the need to improve the legal framework with the legacy of modern times, the General Regulation on Personal Data Protection (GDPR) was adopted in 2016. It regulates in detail the rights of persons and the obligations of companies. The aim of this paper is to present important characteristics and innovations in terms of new institutes and concepts, as well as to consider the positive effects that the Regulation has introduced in the field of European Union law, but also on the rights of all persons whose data are processed. The analysis was performed on the basis of a review of the relevant legislative framework of the European Union and documents adopted by the European regulatory bodies and relevant institutions, from the European Parliament, the Council of the European Union, the European Data Protection Board, the European Commission, etc.
THE EUROPEAN PARLIAMENT’S COMMITTEES OF INQUIRY – THE USEFUL INSTRUMENT FOR CONTROLLING THE APPLICATION OF COMMUNITARIAN LAW
Ninoslav ŽIVKOVIĆ
European Legislation, 2020 19(73-74):119-139
Abstract ▼
According to national legislations, there is also the possibility to form a committee with the aim of conducting an inquiry of a specific issue in communitarian law. In this way, the traditional parliamentary role of oversight of the executive is realized. The European Parliament\'s committees of inquiry are a reflection of the oversight function and the enlarged legislative prerogatives of this body. Although the result of the work of the investigative bodies is the production of reports which are of a non-binding legal nature, the importance of these bodies is evident both at the institutional level (European Parliament-European Commission relationship) and in terms of encouraging legislative change in the European Union. The aim of the paper is to demystify a specific area to highlight the important role of the committees in detecting numerous adverse impacts under communitarian law, using historical and teleological interpretation, as well as conceptual analysis.
SAFETY RULES AND STANDARDS FOR PASSENGER SHIPS
Iris BJELICA VLAJIĆ
European Legislation, 2020 19(73-74):141-152
Abstract ▼
The use of maritime waterways for the transport of people and goods is steadily increasing. Despite the development of technology, the use of new materials and the improvement of ship dimensions, the loss of life at sea is still great. The reason for this is that the basic rules regarding the capacity of the ship or its technical capabilities are not respected. Therefore, global and regional organizations seek to adopt and harmonize different standards that would secure the safety of passengers and crew members. The rules range from improving living and working conditions on board, equalizing crew education and training certificates, adopting detailed technical rules for the construction, alteration and equipping of ships, as well as categorization of ships to limit their movement in the sea belts according to structural capabilities which they have. Some Member States of the European Union, due to their geographical specificity, have particular needs for the use of maritime routes. A number of legislative acts have been adopted by the bodies of the European Union, the most recent being Directive 2017/2108/EU. The aim is to align EU legislation with existing international standards, but also to harmonize the legislation of the Member States with one another, as well as to eliminate the unintended negative consequences that earlier acts have produced.
PLURILINGUALISM AND THE EU LANGUAGE EDUCATION POLICY IN SERBIA
Katarina RADOJKOVIĆ ILIĆ
European Legislation, 2020 19(73-74):153-166
Abstract ▼
The paper discusses plurilingualism as one of the main objectives of European language ideology, plurilingual and intercultural education whose main goal is to promote humanistic values, mutual respect, tolerance and dialogue between nations. The paper cites some of the acts of the Council of Europe and the institutions of the European Union in which plurilingualism and the preservation of the language of diversity are emphasized as the most important goals of the EU language education policy. It also discusses some of the controversial issues related to language education in the countries of the European Union and analyzes the presence of those concepts in the language education policy in the Republic of Serbia. The paper also presents the results of research conducted with the students of the Faculty of Law of the University of Belgrade. It offers insights into the students’ experience and their attitudes towards the importance and the impact of language knowledge and access to student mobility programs.

Book review

THE POLITICS OF RECOGNITION AND ENGAGEMENT: EU MEMBER STATE RELATIONS WITH KOSOVO
Mihajlo KOPANJA
European Legislation, 2020 19(73-74):167-169