European Legislation Journal Archive


European Legislation Vol. 20 No. 76/2021

Content

EUROPEAN VALUES: BETWEEN A STRONG AFFIRMATION AND A GENUINE AMBIGUITY
Miloš JOVANOVIĆ
European Legislation, 2021 20(76):5-30
Abstract ▼
European values are as present in public discourse as they are fundamentally unspecified. The main reason for the normative rise of European values in European treaties lies in the necessity of founding the European Union on the solid axiological ground, forging a European identity, and, therefore, strengthening its legitimacy. Nevertheless, this goal could hardly be achieved with regard to the fact that European values, as they are defined in article 2 of the Treaty on the European Union, cannot be considered as constitutive elements of a collective identity in the same way they can be found in other political communities, such as nation-states. They are no more than mere principles with legal consequences that can be found in many legal systems of different countries in the world. Furthermore, the way they are put into practice within the EU, i.e., in accordance with the dominant individualistic ideology, could be a sign of the historical decline of Europe that could be fatal to it when we bear in mind the geopolitical and immigration issues that Europe is facing.
EUPAN AND CAF AS MODELS FOR SERBIAN PUBLIC ADMINISTRATION REFORM
Marko NOVAKOVIĆ
European Legislation, 2021 20(76):31-42
Abstract ▼
The administration is an inherent part of every state and its necessary element. In the same way that states differ in their political systems or levels of democracy, their administrations differ in their efficiency and level of development. Despite those differences (or because of them), a lot can be learned from the experiences of other administrations. Those experiences and good practices can be used as a direction for improvement and ultimately implemented in other administrations. However, it is of utmost importance to take into consideration the particular characteristics of the implementing state during the implementation process. When the characteristics of the administration where best practices are implemented are similar to those of the administration from which best practices are taken, it is only natural that the solution will be similar. However, this similarity should be exclusively an outcome of the thorough analysis and should not be taken for granted. In this paper, the author will point out the importance and potential of the EUPAN network for the Republic of Serbia, as well as the quality management system for public administration institutions - CAF. The research behind this article was conducted with the aim of assessing the best avenues for public administration reform (PAR) in Serbia and to investigate whether and to what extent membership in the EUPAN and application of the CAF as a tool might be beneficial for the PAR.
PROTECTION OF LEGAL INTEREST IN PROPERTY IN THE COMPARATIVE EXAMPLE OF THE FORMER OF THE SFRY
Dragan MARKOVIĆ, Danilo KOVAČ
European Legislation, 2021 20(76):43-55
Abstract ▼
The aim of the research is to determine the organization and jurisdiction of institutions dealing with the protection of legal interests in property in the former republics of the SFRY. The knowledge about this came primarily through the application of the legal-dogmatic method and, where it was considered necessary, through the application of comparative legal, socio-legal, and philosophical methods. The research resulted in findings about the position of institutions dealing with the protection of legal interests in property in the states formed by the former republics of the SFRY, their organization and jurisdiction, selection method, the scope of work, and diversity, which are primarily reflected in positioning the Public Attorney next to one of the branches of government. The conclusion summarizes the results and gives recommendations.
THE COMMISSION’S IMPLEMENTING DECISION AEUB 2019/1310 OF 31 JULY 2019 ESTABLISHING RULES FOR THE OPERATIONS OF THE EUROPEAN CIVIL PROTECTION POOL AND RESCEU
Aleksandar JAZIĆ
European Legislation, 2021 20(76):57-67
Abstract ▼
The European Union is making constant efforts to strengthen the organization of civil protection in order to protect people’s lives, material goods, economic capacity, and the environment more effectively. The nature of emergency situations has changed over time, and the European Union\'s civil protection system needs to be upgraded. That is why the European Union has taken certain steps to strengthen its own capacities and be ready to provide an effective response in the event of an emergency situation. It was necessary to strengthen the capacities for prevention, preparation, and efficient response to emergency situations. For that reason, the EU has reformed the existing system in the field of organization of available capacities. That is why the European Civil Protection Fund was formed. In addition, the EU wanted to reduce shortcomings in the civil protection system itself while maintaining its effectiveness. That is why the rescEU was formed as a reserve of capacities that should be used to respond effectively to emergency situations and disasters. The European Commission has a leading role in the organization and functioning of these two parts of the civil protection system. Their operation takes place on a voluntary basis, and decisions are made in mutual coordination between the European Commission and the Member States.
THE CODE OF GOOD ADMINISTRATIVE BEHAVIOUR FOR STAFF OF THE EUROPEAN COMMISSION IN THEIR RELATIONS WITH THE PUBLIC
Manja ĐURIĆ DŽAKIĆ
European Legislation, 2021 20(76):69-80
Abstract ▼
The work of officials in the institutions of the European Union should be in accordance with its primary and secondary legislation. However, legality in work is only one aspect of officials’ behaviour. Other aspects are behaviour towards employees, parties, the media, and the public. In order to cover all components of the conduct of officials, there is the possibility of adopting a Code of Conduct. The aim of this paper is to get acquainted with the Code of Conduct for European Commission officials in their public relations. The paper starts from the hypothesis that the Code is an excellent tool for concretizing the right to good governance and raising the quality of the work of European Commission officials. The results obtained in this paper indicate that the European Commission, through the Code, sought to influence the behaviour of its officials towards parties and the media, ensure data protection, and enable the use of complaints in case of noncompliance with the provisions of the Code.
OBSTACLES TO THE EXECUTION OF THE EUROPEAN ARREST WARRANT AND THE SURRENDER
Milijana BUHA
European Legislation, 2021 20(76):81-97
Abstract ▼
The Framework Decision on the European Arrest Warrant introduces a new form of international criminal assistance in the European Union devoid of the traditional obstacles to extradition. The surrender procedure of wanted persons in the European Union is implemented in accordance with the principle of mutual recognition of criminal decisions. An absolute obstacle in the procedure of surrendering the requested person is a conviction judgement. A conviction judgement is one of the procedural guarantees for a convicted person according to the principle of ne bis in idem. The principle of ne bis in idem is in the function of protecting a convicted or acquitted person from retrial for the same act. The framework decision \"desecrated\" the principle of ne bis in idem because only convictions are an absolute obstacle to the surrender of the requested person, while acquittals are a relative obstacle to the surrender of the requested person. So, it is questionable whether the principle of mutual trust and recognition of court decisions will be a fundamental principle of criminal cooperation in the European Union if the final acquittal is only a relative obstacle in the procedure of surrender of the requested person.
NOTIFICATION OF THE ACQUISITION OR DISPOSAL OF MAJOR SHAREHOLDINGS
Milena MITROVIĆ
European Legislation, 2021 20(76):99-117
Abstract ▼
The author deals with the notification of the acquisition or disposal of major shareholdings. The provisions of the Transparency Directives and the current course of harmonization in this area have been analysed. In particular, the issues of the occurrence of reporting and the need to take into account various financial instruments and transactions that can have an impact on the management of the company without directly acquiring the right to vote are taken into account when regulating the occurrence of notification of reaching, crossing or falling below the relevant participation threshold. The existing concerns and problems that arise in connection with the existing solutions are pointed out. It was pointed out that there is a need for regulators to constantly keep in mind the innovation in the financial market in order to adequately respond to the need to identify those individuals who can really influence the decision-making of a company. However, getting the right amount of information is crucial, as otherwise market participants will be “overloaded” with information. Furthermore, there is room for improvement in terms of sanctioning failure to notify the acquisition or disposal of major shareholdings.
PROTECTION OF NATIONAL TREASURE AS AN EXEMPTION FROM THE FREEDOM OF MOVEMENT OF GOODS IN THE EU
Vanja PAVIĆEVIĆ, Mihajlo VUČIĆ
European Legislation, 2021 20(76):119-144
Abstract ▼
Freedom of movement of goods in the European Union represents the key freedom necessary for the development of customs unions and the single market. With its broad interpretation of quantitative restrictions and measures of equivalent effect, the delineation of direct and indirect discrimination in the EU market, the Court of Justice of the EU has played an important role in the protection of the free movement of goods. Accordingly, to avoid possible abuses, any kind of exception must be interpreted narrowly. Exceptions to the free movement of goods mainly relate to reasons of public morality, safety, protection of health and life of people, animals, plants, but they can also refer to the protection of cultural objects of the state which are classified as “national treasure”. In the latter, the Court refrained from providing some general guidelines in interpreting Article 36, which states an exception in the form of a national treasure having artistic, historical or archaeological value. Therefore, the subject of this paper is to find a delicate balance between the proclaimed freedom of movement of goods in the EU and the specific protection of cultural objects. First of all, the existing legal framework for the return of cultural goods to the EU will be analyzed. Next, we will explore the connection of the mechanisms for the return of cultural goods with the concept of a national treasure in light of Article 36 TFEU. Finally, the concept of “national treasure” as an exception from the freedom of movement of goods will be critically examined. Hence, the role of European legislation in the development of a wider network for the protection of cultural objects will be presented.

Book review

EVROPA I MIGRANTSKO PITANJE 2014–2020
Dragana DABIĆ
European Legislation, 2021 20(76):145-147
PUTEVI DIFERENCIJACIJE U EVROPSKOJ UNIJI
Sandra DAVIDOVIĆ
European Legislation, 2021 20(76):149-151