Abstract ▼

Starting from 2016, the United States has been increasingly perceived as an unreliable ally in the European Union (EU). Since then, the EU has launched its own defence initiatives. With Biden’s coming to power in the United States, fears have grown that a new political constellation could weaken NATO and thus the EU. With the \"strategic autonomy\" initiative, the EU continued improving its defence capabilities at the cost of some divergence from the United States. In the last few years, the EU has often been the target of its economic rivals (e.g., through various bans on imports of EU products). Hence, Brussels had to participate more actively in terms of the security implications of Chinese investments, as well as the unilateral financial sanctions of the US (which affect companies located in the EU). New regulations at the EU level indicate that Brussels is trying to respond to the challenges of real politics and that foreign trade (where the EU\'s main power is located) is becoming more \"armed\" with the aim of strengthening the EU\'s geopolitical role globally. The more active engagement of the Union can be seen in the fact that the EU currently has as many as 44 different sanctions regimes, covering as many as 32 countries. Namely, despite the fact that the EU does not have common military or intelligence instruments, its significant common market makes sanctions an attractive instrument for exercising geopolitical influence. Recognizing the potential risk posed by technological competition between great powers, the EU has intensified multilateral cooperation to make significant progress in technology, taxation, trade, mobility, and security. Through multilateral and bilateral negotiations with key actors in world politics, the EU has raised hopes that by cooperating with its allies and strategic rivals, it could achieve its global ambitions in the future.

Abstract ▼

In this paper, the author concludes that Serbia represents an exceptional geostrategic challenge and the political Gordian knot for the European Union. The mentioned situation was determined by considering the existing constellation of international relations and the institutional structure of the European Union. According to the author, the basic problem with the new enlargement of the European Union stems from the fact that in the member states there is a belief that such enlargement to the Western Balkans could burden the existing institutional system and European funds. Therefore, it is considered that urgent internal reform is needed in order to achieve the conditions for the Western Balkans enlargement. Although the European Union has had some gains in the past through the implementation of the Stabilization and Association Agreement, this progress is not entirely satisfactory for the European Union\'s common market to be extended to the region. The deficit of European funds for development and expansion has redirected Serbia to the capital markets of China, Russia, and Turkey. For the European Union, such repositioning is unacceptable, but still not very alarming since it accepts the trade and economic cooperation with these countries. What bothers the European Union is that the influence of foreign direct investments from the mentioned countries endangers its sphere of interest and the sphere of influence in the Western Balkans. The author discusses these contradictions more closely, presenting appropriate arguments about the current position of Serbia and the prospects for its accession to the European Union.

Abstract ▼

The concept of European integration is an essential strategic and development approach for European countries. The study of this concept presupposes the determination of the institutional position of the European Union (EU). In order to be able to adequately determine this position, the paper analyses some of the most important EU normative acts and the provisions of the Lisbon Agreement. This approach enables the perception of the legal and political context of European integration necessary to ensure full membership in the EU. The author believes that the implementation of EU legislation is as important as the implementation of its common policies. The process of European integration depends on the ability of the candidate countries to realise the accepted international obligations in the legal and political fields. Two important conditions are met for every country that aspires to join the EU. The first is about upholding legal standards, and the second is about including them in EU institutional policies, which mark the EU\'s worldwide geopolitical ambitions on a global level.

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This article deals with the phenomenon of the fragmentation of the Public International Law to illustrate how the so-called self-contained regime such as the European Union tends to be exempted from the application of general rules and principles of Public International Law when it does not suit its proper interests. The focus of this article is to demonstrate how European integration processes contribute to disintegration processes which may be harmful to the unity of Public International Law. While demonstrating that the establishment of such regimes marginalizes States in their capacity of international law subjects, this work proposes the analysis of the interconnection between formal and material fragmentation of international law, in the case of activities of supranational institutions and organs of the European Union, particularly the Court of Justice of the European Union. Finally, it shows the particularities of the European Union when it interacts with other international law subjects, such as candidates for the European Union membership.

Abstract ▼

The presumption of innocence is one of the basic rights of the accused in criminal proceedings. Its essence is that everyone will be considered innocent until their guilt is determined by a final decision of the competent authorities. The subject of this paper is a review and analysis of the relevant provisions of EU Directive 2016/343 of the European Parliament and of the Council of 9 March 2016 on strengthening certain aspects of the presumption of innocence and the right to participate in criminal proceedings. The application of the adversarial principle is inseparable from the presumption of innocence. This paper aims to point out the importance of the presumption of innocence for modern criminal proceedings and to show the domestic law of the European Union in this area, taking into account the provisions of the said Directive.

Abstract ▼

The COVID-19 pandemic has caused a major health crisis that has greatly changed the lives and habits of all humanity. At EU level, each member state has applied restrictive measures restricting freedom of movement. This was necessary to allow a coordinated response by Member States to the pandemic. At the same time, the EU authorities have adopted a number of recommendations aimed at a more coherent approach to managing the emerging health crisis. The present paper is dedicated to the analysis of the EU Council Recommendation 2022/107 on a coordinated approach to facilitate safe free movement during the COVID-19 pandemic. The Recommendation replaced the previous Recommendation 2020/1475. The envisaged measures according to the Recommendation put vaccination, testing, and recovery from the COVID-19 disease at the forefront, which is proven by the digital COVID certificate issued. This confirmation was aimed at facilitating freedom and security of movement within the EU without the application of additional restrictive measures. For the citizens of Serbia, as a candidate country for EU accession, this coordinated EU approach to securing freedom has also had certain consequences.

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The constant development of the civil protection system of the European Union (EU) requires the improvement of European legislation in accordance with the needs of the efficient functioning of this system. By adopting adequate legal acts, the EU has organized and set up a stable system of civil protection on its territory, embodied in the above mentioned Union Civil Protection Mechanism. The Union Civil Protection Mechanism represents a framework of joint action by EU Member States before and during emergencies. Therefore, it is necessary to improve the Mechanism in order to ensure its smooth functioning and operation in case of emergency. This also applies to EU legal acts regulating the functioning of this Mechanism. Changes in the EU member states mutual relations, technological development and climate changes are forcing the EU to adapt its legislation to new circumstances. This ensures the EU’s readiness to provide a swift and adequate response in the event of emergency situations. The improvement of EU legislation in the field of civil protection ensures mutual coherence in the actions taken by the EU member states in the field of civil protection. This is why the EU’s concern about the functioning of the Mechanism is very pronounced, because it is a basic framework of joint preparation and actions of the EU members before, during and after emergency situations.

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In this paper, the author deals with the results of the harmonization of the new Capital Market Law of the Republic of Serbia with the relevant European Union Directive (MiFID II). The analysis shows that the harmonization of domestic legislation with EU law in the subject matter is a big step forward in the further development of the Serbian capital market, which is vital for the progress of the Serbian economy as a whole. The paper is divided into three parts. In the first part, the current state of capital market regulation is considered and some key problems that have arisen from practice are pointed out. The second part presents the basic concepts and institutes of MiFID II, as well as its basic values. In the final and most important part of the paper, the institutes implemented in the new law on the capital market in the Republic of Serbia are discussed, their basic characteristics are presented, as well as the assessment of the achieved improvements in relation to previous legislative solutions.

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The real estate market in Serbia expanded in the last decade due to the increased construction and investment activities of domestic and foreign investors as well as an increased supply of housing loans, which increased supply and demand but also real estate prices. The new market tendencies have broken the decades-long stagnation of the real estate market, which was a good indicator of the achieved macroeconomic and political stability. However, the domestic real estate market still lacks a wider range of financial and insurance products/services that exist in developed real estate markets such as the US, Canada, and Australia, or in Europe. One such product is the “reverse mortgage”. In the US and the EU, the reverse mortgage is a type of financing that is quite popular since it has double effects in increasing the financial power of the elderly population and the development of the banking sector. Since this financial product is not present in domestic regulations, I will present its basic characteristics and point out the positive practise that exists in some European countries regarding its implementation, which may be important for improving the domestic real estate market. The development of this product on the domestic market presupposes the establishment of an adequate legislative framework and financial system that would enable an optimal system of financing the population.

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Secondary bankruptcy proceedings are initiated in the country where the bankruptcy debtor has a permanent branch office and assets. This procedure is dependent on the main bankruptcy proceedings being conducted in the country where the debtor has the centre of his business interests, i.e., where he has his seat. The goal of conducting several bankruptcy proceedings against the same debtor at the same time is to fulfil the principle of unity of the bankruptcy estate. EU Regulation 848/2015, which regulates the bankruptcy proceedings, provides for the possibility of not initiating secondary bankruptcy proceedings. If secondary bankruptcy proceedings are not instituted, the bankruptcy trustee appointed in the main bankruptcy proceedings must provide a guarantee to the creditors of that country that their claims will be settled. The Bankruptcy Trustee from the main bankruptcy procedure decides on initiating the secondary procedure. Also, the trustee decides on the possibility of initiating another procedure instead of the secondary one, which will not lead to the closure of the debtor but to the continuation of his business. The paper examines the necessity of initiating secondary bankruptcy proceedings in international bankruptcy. Situations are analysed when it is not initiated, i.e., when another procedure will be initiated instead of the secondary one. The disadvantages and advantages of initiating secondary bankruptcy proceedings are analysed, as well as its legal nature. Finally, attention is paid to the regulation of this matter in the bankruptcy legislation of the Republic of Serbia.

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Cooperatives are a unique combination of a society of persons and capital, autonomous and established economic entities based on democratic governance and respect for cooperative values and principles. As for other economic entities, special rules on audit, control, and supervision of operations also apply to cooperatives, which are more or less harmonized with the rules that apply to other economic entities. The present paper aims to consider different concepts of audit, control, administrative and inspection supervision of cooperatives in domestic cooperative law with a comparison of solutions present in the cooperative law of some EU member states. The analysis starts from the assumption that in national legislation, there is uniformity in the regulation of business activities of cooperatives. A more detailed overview of the regulatory framework and the legal nature of special forms of audit and supervision of cooperative business in Serbia should point out certain differences between domestic and European law, which may be important for further harmonization of our cooperative legislation with EU law.

Abstract ▼

Waterborne transport is a special branch of the economy, which contributes to the overall economic development of the country. That is why the growth and increase of the fleet are the strategic goals of every country. Inland waterway transport is characterised by reliability, energy efficiency and a high degree of safety, but also the possibility of connecting with other industries and types of traffic. Trade and communication within and outside the European single market are based on unhindered traffic. In order to facilitate traffic and increase safety, it is necessary to harmonize the technical conditions imposed on shipping companies by Union legal acts, international treaties and national laws of the Member States. The European Commission encourages the use of inland waterways in the transportation system due to low noise emissions and the removal of congested road networks in European regions. The Republic of Serbia has adopted the legislation for inland waterways and has harmonized it with the EU legislation.

Abstract ▼

Today, almost every country in the European Union (EU) strives to develop the most modern systems and take the most adequate measures to reduce the suffering and vulnerability of road users. This tendency is connected with the development of a culture of safety of the participants in road traffic. Since the early 1990s, the EU has developed a strategy on road safety by adopting all relevant indicators relevant to the adoption of regulatory rules. These indicators include, inter alia, information on mobility, risk perception, attitudes, behaviour and experiences along the way. Using the case study method, the author of the subject paper examines the culture of traffic safety in the Republic of Serbia for the period from 2016 to 2020. Through the analysis of primary and secondary sources, the author comes to the conclusion that there is an interrelationship between the characteristics of traffic participants and their age structure on the one hand and the number and consequences of traffic accidents that occur on domestic roads on the other. Based on the mentioned correlation, but also due to the general expansion of the number of vehicles on domestic roads, the author believes that additional efforts are needed to innovate the legislative framework that enables a safer system of protection for all road users.

Abstract ▼

The purpose of this article is to determine the impact of the EU Biodiversity Strategy for 2030 on agriculture in the Republic of Serbia, both in the normative sense and in the sense of the direction of further development of domestic agriculture. The methods used in this paper are the formal-legal method, the comparative method, the text analysis method, and the statistical methods. After introductory considerations, the section related to the EU Biodiversity Strategy for 2030 analyses issues that are most important for agriculture in the European Union and also indirectly for our agriculture: protection and restoration of nature in the EU; strengthening the EU legal framework for nature restoration; return of nature to agricultural land; support of agroforestry, etc. In the part that refers to the importance of the mentioned European legislation for our country, the Strategy of Agriculture and Rural Development of the Republic of Serbia for the period 2014–2024 is analysed as a basic strategic document in the field of agriculture. This document, among other things, regulates the issue of biodiversity protection as well as two appropriate medium-term programs. Also, in this part, the relevant provisions of three valid relevant laws and several bylaws are analysed. The conclusion states that domestic strategic acts in the field of agriculture, as well as the most important regulations, are already harmonized with the EU Biodiversity Strategy for 2030 for the most part, although the period of implementation of our highest strategic act in the field of agriculture is delayed by about five years. European strategic documents, as well as regulations, with which the relevant domestic acts were harmonized, progressively accepted the principles of environmental protection and reduced the importance of intensive agricultural production. In that sense, it means the legislator\'s obligation to harmonise all agricultural policy measures with the requirements of environmental protection and biodiversity, and then introducing environmental protection into agricultural goals, supporting organic production, conservation of genetic resources, sustainable use of agricultural land, etc. However, domestic legislation in the field of agriculture and rural development regarding the protection of biodiversity is not in line with the EU Biodiversity Strategy for 2030 in the part that generally refers to the reduction of agricultural production by reducing the total agricultural land area by 10 percent, which would return to nature, i.e., non-agricultural contents. At the same time, the areas under organic production would increase up to 25 percent of the total agricultural land. Also, according to this strategy, it is necessary to reduce the consumption of pesticides by 20 percent and the content of chemical substances in the soil by 50 percent. It can be expected that these goals of the EU Biodiversity Strategy for 2030 will be implemented in our most important strategic document on agricultural and rural development in the upcoming period, that is, after the expiration of the current strategy from 2025. In other words, the relevant regulations will eventually be carried out by 2035.

Abstract ▼

As an extremely important issue, subsidies in agriculture represent a challenge for both legal science and economics. The importance of this topic is also visible through the fact that there is a Common Agricultural Policy (CAP) in the European Union, on which all member states have agreed. By harmonizing its legislation with the law of the European Union, the Republic of Serbia strives to regulate the area of subsidies in agriculture, along with the provision of state aid and environmental protection, in the most uniform way. In this regard, Serbia has adopted the Law on Agriculture and Rural Development and the Law on Incentives in Agriculture and Rural Development as a basis for the adoption of bylaws governing special incentives in agriculture and the conditions for their implementation.

Abstract ▼

Today, the right to clean air is considered one of the fundamental human rights at the global level. Air is necessary for the maintenance of life, and poor air quality can cause various diseases and impair health. Air pollution is one of the biggest problems and challenges when it comes to environmental protection. The main goal of this paper is to determine how the right to clean air is regulated in the EU regulations. The paper analyses the questions of whether EU citizens have an individual right to clean air, whether this right is regulated at the EU level, and what the practice of the EU Court of Justice and the European Court of Human Rights in Strasbourg is on this issue. It is analysed whether and to what extent the right to compensation for damage due to violations of air quality regulations within the EU is provided. The paper also discusses the successes and challenges of the Republic of Serbia in terms of ensuring the right to clean air and the challenges of transposing EU regulations into the internal legal order. The paper concludes that the right to clean air, as one of the fundamental human rights, is not explicitly guaranteed by EU normative acts, but that right is still recognised, and to some extent, accepted in court practice, which through each new case elaborates its scope and content.

Abstract ▼

The increasingly complex role of parliament in foreign policy in recent decades has conditioned the possibility of developing parliamentary diplomacy, but also a different interpretation of the term itself. The reason for this should be sought in various aspects of the analysis itself – whether to determine parliamentary diplomacy in relation to the constitutional framework and competencies of parliament or to specify the concept in accordance with the analysis of political actors, especially members of parliament at the international level. In the absence of theoretical discussions but also of international legal rules on parliamentary diplomacy, it seems that this institute has no special significance or that it is in the shadow of what is considered a traditional form of diplomacy. Nevertheless, the practice of states in modern international relations and the globalised world indicates the growing need to use this atypical form of representation and negotiation. Therefore, the author\'s goal is to conceptualise the parliamentary dilemma as an instrument of foreign policy and point out the existing mechanisms for its implementation. The application of parliamentary diplomacy in this paper is limited by the participation of delegations at the foreign policy level of the European Union.

Abstract ▼

Foreign policy of small or so-called microstates is of special importance for the science of international relations, bearing in mind their role in contemporary world politics. Unlike in the past, small or “microstates” today have their place in regional institutions and organisations, as well as in numerous international, regional, and local initiatives dealing with political issues, economic development issues, economic sustainability, but also environmental issues, and environmental development. The present work is focused on examining the foreign policy activities of the Republic of North Macedonia in light of the latest crisis in Ukraine. In that sense, the paper analyses the extent to which the foreign policy of this country is harmonized with the foreign and security policy of the European Union (CFSP), bearing in mind the fact that North Macedonia is a candidate country for membership in this international organization. Through the prism of the realist theory of international relations, the author presented certain conclusions related to the inconsistency of the European Union regarding the process of European integration due to changed international and regional circumstances.

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The paper analyses the structure, position, and perspectives of the European External Action Service. The author considers these issues through the analysis of the Lisbon Treaty and the interpretation of the Council decision of July 26, 2010 establishing the organisation and functioning of the European External Action Service (2010/427/EU). By applying the normative method, the author has concluded that there are certain fundamental problems related to the legal framework establishing the European External Action Service. The existing solutions governing the status of the European External Action Service are still far from satisfactory as there are functional overlaps within its organisations but also certain limitations in the treatment of the High Representative for Foreign Affairs and Security Policy, whose subsidiary body it represents. However, according to the authors, the European External Action Service, together with the High Representative for Foreign Affairs and Security Policy, could become an effective EU instrument for its further strengthening and integration.

Abstract ▼

Faced with major geopolitical changes, various types of hybrid threats, numerous attempts at economic and energy coercion, climate change and, above all, the reversal of the policy of force in international relations manifested in the latest Ukrainian crisis, which seriously jeopardised European security and peace, оn March 23, 2022, the Europen Union adopted the ˮStrategic Compass for Security and Defence” – a strategic document that for the first time contains a common vision and detailed goals for the defence of the European order. With this document, the member states of the European Union have identified four priority areas related to 1) Action (independently or in coalition), in terms of fulfilling obligations under the Common Security and Defence Policy (CSDP); 2) Security, which includes taking security measures to improve defence capabilities and anticipate various forms of threats from the sea, air and space, as well as cyberspace; 3) Investments, aimed at financial contributions in new technologies to improve defence capabilities, and 4) Partnerships, to overcome common threats and challenges, first by strengthening strategic ties with NATO and the UN, then with regional partners such as the OSCE, the African Union and the ASEAN, as well as through the improvement of bilateral relations with the United States, Great Britain, Canada, Norway and Japan, but also with other partner countries. Following the stated priorities and taking into account the current crisis in Ukraine, as well as negative geopolitical trends in the world, the EU adopted the Strategic Compass as a longterm action plan that should ensure its own security, in order to preserve international peace and security.

Abstract ▼

The security of the individual depends on the preservation of the internal security of the state. Contemporary supranational security problems are symptoms of the structural crisis of modern world society and are a kind of combination of issues of internal and international security. The issue of supranational security problems is a significant security and legal issue, which has been attracting the attention of the scientific and professional public for years. What makes this topic always relevant, almost timeless, is the fact that forms of supranational risks and threats are modified, complicated, and innovated with the process of globalisation, leading to growing security problems in the wider international community. Modern supranational forms of security problems have set new tendencies in both science and security practice, making the sectoral approach to security more complex and demanding (both theoretically and practically). For years, the Republic of Serbia has been facing not so small security challenges, risks and threats, which could potentially cause the unfavourable development of the security situation. The subject paper thematically includes a review of local and regional security, national and supranational security issues in the context of the European security strategy, especially issues related to globalisation as a modern supranational security problem. The paper also includes and analyses the general concept of security, the concept of local and regional security, and their supranational implications that may be important for maintaining the security of the Republic of Serbia.

Abstract ▼

The subject analysis starts from the assumption that the Republic of Serbia, in accordance with its foreign policy priorities, has shown readiness to build the capacities and capabilities of the national security system in accordance with the standards and obligations arising from the Common Security and Defence Policy (CSDP). In this context, the analysis provides appropriate conclusions according to which the signing of the necessary international agreements and the adoption of key laws has established the appropriate legal framework necessary for the active participation of the Ministry of Defence of the Republic of Serbia (MoD) and the Serbian Army in the CSDP. Having in mind Serbia\'s strategic commitments in the field of defence, the participation of the MoD and the Armed Forces in the CSDP is of multiple benefits because it builds regional trust, increases the degree of interoperability, and exchanges experience with the armed forces of foreign countries. At the same time, this participation brings with it certain challenges that may hinder the more active role of the MoD and the Armed Forces in the coming period. Having in mind that Serbia has defined its priorities for participation in the CSDP, the subject analysis considers the possibilities for improving the administrative capacities necessary for participation in the work of the CSDP bodies, as well as the possibilities for participation in EU crisis management operations and missions. The paper also discusses the possibilities of engaging our military capacities within the EU battle groups, participating in projects and programmes of the European Defence Agency and acting in negotiating groups within the process of accession of the Republic of Serbia to the EU.

Abstract ▼

Cross-border cooperation projects are essential regional initiatives in the context of their own economic and overall social development. The existing modalities of cooperation affirm the coexistence of the subjects in the observed space while significantly eliminating certain contradictions in mutual relations. The purpose of the programme is to improve cross-border relations between countries in line with the concept of European integration and to ensure their longterm prosperity. The aim of this paper is to review and implement the basic provisions of the European Union institutions in the observed sphere, the essence of the concept of fruitful cooperation in the neighbourhood, with positive trends in all areas of public life. The regionalization policy through the realisation of adequate forms and the strategic phenomenon of the functioning of the Euroregion in Southeast Europe are of first-class importance for the Republic of Serbia.

Abstract ▼

The process of globalisation of the world economy has initiated the need to include the majority of countries in world economic flows. In this sense, the need for a more intensive exchange of goods, services, labour, and capital has grown. For the countries of the Western Balkans, this process has been a major challenge in the process of joining the European Union. The challenge was to harmonize customs and other policies, and existing institutions, as well as to adapt the economic systems of countries in transition to market conditions. Starting from the assumption that the countries of the Western Balkans region are committed to joining the European Union, the present paper discusses the conceptual outcomes of cooperation between the countries of the region and the implementation of the CEFTA agreement. The aim of the research in this regard is to scientifically consider the basic postulates of regional economic cooperation in the context of European integration. Since the CEFTA agreement was supposed to lead to greater and faster market liberalization but also greater economic growth in the Western Balkans, countries had to adjust their economic policies to the new business conditions in the world market, which were largely affected by the 2008 economic crisis, and for the purpose of realising the envisaged trade facilitation, which abolished import and export duties and enabled the free movement of goods and capital.

Abstract ▼

The paper discusses the idea of European constitutional law as a new academic discipline within European law. The author presents the genesis of this branch of European law by analysing its substantive and formal legal features, starting from the founding treaties of the European Communities, all the way to the Lisbon Treaty and the jurisprudence of the European Court of Justice. The paper highlights two key characteristics of European constitutional law, which relate to supranationalism and cosmopolitanism. On the one hand, supranationalism enables the transformation of member states from national to transnational entities, while on the other hand, cosmopolitanism opens the possibility of transforming the European Union into a global project. In this sense, European constitutional law is the first step towards the creation of international constitutional law - an order that per se, parries the order of public international law. According to the authors, the progressive development of European constitutional law should be accompanied by active participation and a creative approach of the wider academic community.

Abstract ▼

The paper discusses the concept of intercultural education as one of the main objectives of European language ideology, whose main goal is to promote mutual understanding, humanistic values, and tolerance among nations. Intercultural dialogue is understood as an open and respectful exchange of views between individuals and groups with different ethnic, cultural, religious, and linguistic backgrounds and heritages, based on mutual understanding and respect. Since the Council of Europe has always been committed to creating language education policies that pay attention to the intercultural aspect of teaching, the European Union\'s education language policy is not limited to developing students\' language skills but also enabling them to engage in dialogue with other cultures and to use language in a socially and culturally adequate way. The paper presents the most important acts of the European Union and the Council of Europe, which explain the concept of interculturality and the concepts of plurilingual and intercultural education, and analyses the presence of those concepts in the language educational 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 in order to emphasise the importance of intercultural competence in foreign language teaching.

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The paper discusses theoretical views on communicological and deontological ethics as a special ethic that serves man and his rights. In the context of European values, the paper discusses the basic principles of morality and moral culture on which media ethics is based. Starting from the assumption of the existence of morality, the author examines the meaning of conscientious objection for moral practice and moral conduct. The right to conscientious objection is a fundamental human right and it is an integral part of the freedom of opinion that is recognised in most European countries. The paper analyses with special attention the crisis of culture that began in the late fifties of the last century, and which contributed to the emergence of \"third party ethics\". This phenomenon introduced new values into the European and world social reality while, at the same time, causing a decline in moral values. After analysing the course of this transformation, the author concludes that the change in cultural patterns has overwhelmed the process of globalisation. These changes included a change in human consciousness, mentality, and lifestyle, which consequently imposed a certain relativism in a culture that is focused on material goals, and not on emphasising true moral values. However, despite these tendencies, in the postmodern period of development of human society, ethics has contributed to the emergence of bioethics as a special discipline that integrates and synthesises different areas of knowledge about human behaviour and attitudes towards life in general. In that sense, some concluding remarks of importance for the Republic of Serbia were presented.

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The paper discusses human trafficking through the case-law of the European Court of Human Rights. The judgement of the European Court of Human Rights in the case of Rancev v. Cyprus and Russia is currently a mandatory source in the field of established international standards when it comes to combating trafficking in human beings and protecting the victims of these crimes. This verdict unequivocally proves for the first time that human trafficking is a form of modern, non-institutional slavery against which the member states of the Council of Europe, through the implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms, must proactively oppose by taking preventive and repressive measures. Since trafficking in human beings violates guaranteed rights and freedoms, the European Court of Human Rights stated in its judgement a number of standards through the imposition of so-called “positive obligations”, which the member states must fulfil in order to stop and sanction all possible cases of this illegal action. In this paper, the author seeks to analyse the case-law of the European Court of Human Rights, as well as the obligations of states arising from the case-law of the European Court of Human Rights.