Abstract ▼

Europe is affected by a war in which two large European countries, Russia with 144 and Ukraine with 45 million inhabitants, are participating. We are talking about significant global producers of energy and grains. The consequences of the war are felt by all the inhabitants of Europe, primarily through rising prices, inflation and falling rates of economic growth. While both sides remain resolute in their positions, at the same time some prominent diplomats, such as Henry Kissinger, are advocating the return of diplomacy to the international scene. Maintaining world peace and stability in the conditions of the proliferation of nuclear weapons requires the subtle skill of making compromises, but also the existence of an awareness of one’s own limitations.

Abstract ▼

In her work, the author examines the significance and historical creation of major European codifications of civil law, which influenced the development of civil law systems in many countries of the world with their examples. Using legal methodology, especially historical, dogmatic, normative and comparative methods, the author tried to provide adequate explanations of various theoretical and practical approaches in the development and codification of European civil law in order to shed light on the functional relationships between the civil law systems of European countries which are integral parts of one European civil codifications “in the making“. With this approach, the author was able to point out the relationships that exist between national civil law systems and the law of the European Union (EU), for which the inherent principle of the primacy of legal acquis (Acquis Communautaire) applies. Trying to crystallize the legal approaches and concepts adopted in different EU member states, the author provided meaningful explanations about the position of the Serbian Civil Code (SZG) in relation to the civil law systems of some European countries.

Abstract ▼

The paper analyzes the concept of interest lobbying groups, their conceptual definition, ways of acting and relations with other entities. The author points to the connections that exist between interest groups within the institutions of the European Union (EU) and the Republic of Serbia, which personify power relations. The action of interest groups mainly depends on their organization, material capacities and goals that these groups want to achieve, that is, on the interests and power of the persons whose interests they lobby for and whose interests they represent. The advantages of interest groups’ activities stem from the fact that certain activities can be implemented faster and more efficiently through their lobbying. Lobbying is an organized and complex activity designed to realize the interests of individuals and states. It is a political and communication area that, as a rule, causes numerous discussions and debates. Lobbying still has negative connotations in many countries, especially due to modest legislation. Lobbying is first of all an exceptional skill, and then a modern scientific field. Interest groups and professional lobbying organizations operate in the state institutions of member states and candidate states for EU accession (including the institutions of the Republic of Serbia), within the EU institutions themselves, as well as within the institutions of other international organizations. The paper analyzes the way interest lobby groups operate in the main bodies of the EU - the European Commission, the European Parliament and the Council.

Abstract ▼

Despite the intensive presence of the European Union (EU) in the Western Balkans region since the beginning of the nineties and the implementation of the enlargement policy, which is considered the most successful mechanism of its foreign policy, the integration process of these countries is extremely slow. Without ignoring the multiple weaknesses of the Western Balkan states that undoubtedly limit their capacity to implement reforms, the paper pays special attention to the analysis of the conditionality policy, which the EU applies among the states of this region, in order to explain the failure of its transformative power. Relying on the theoretical model of external incentives by the authors Schimelfennig and Sedelmeier, the paper analyzes the problem of unreliable conditionality by the EU, present in conditions of fatigue from enlargement and the changed role of the EU in the region, determined by the existence of the stability-democracy dilemma. In this context, the adoption of a new methodology for accession negotiations aimed to overcome existing problems through the revitalization of the enlargement policy, and the opening of Cluster 4 in the negotiations with the Republic of Serbia is the first case of its application. The main hypothesis in the paper is that in the conditions of fatigue from EU enlargement and changed geopolitical circumstances, the opening of Cluster 4 represents, above all, an incentive for Serbia to remain on the European path. On the other hand, from the point of view of the EU, the opening of this Cluster should testify to the success of the new, revised methodology. On these grounds, the author points to the limited scope of the new negotiation methodology and the potential implications of the further practice of non-credible conditioning of the Western Balkan countries. The paper used the scientific method of content analysis of relevant legal and political sources.

Abstract ▼

The impact of the Covid-19 pandemic represents one of the most extensive challenges to the existing global order in recent history. Regardless of economic, political and military power, states are faced with an “invisible enemy” that systematically affects their internal infrastructure, but also the international order, collapsing the normal functioning of the existing economic system multiple times. The paper analyzes the activities of the competent institutions of the Republic of Serbia in the fight against Covid-19, as well as the perspectives of European integration in the changed circumstances brought about by this pandemic. Using a comparative approach, the author also analyzes Serbia’s cooperation with the European Union (EU) and other actors of international relations such as the Russian Federation and the People’s Republic of China. The work is focused on examining the reports of the European Commission for 2020 and 2021, i.e. on the analysis of the content of these documents, through which the questions should also be answered, whether Serbia progressed on the way to the EU during the pandemic, in what way the EU supported Serbia. in the fight against the pandemic and how did the EU evaluate Serbia’s cooperation with the People’s Republic of China and the Russian Federation in the field of overcoming pandemic challenges, i.e. is this cooperation treated as an obstacle for Serbia’s European path? Finally, the work as a case study in a theoretical sense should provide realistic views on the relationship of the EU towards the countries that are candidates for admission to this organization.

Abstract ▼

The progressive development of digital technology and the beginning of the mass use of the Internet at the end of the 20th and the beginning of the 21st century contributed to the fact that a wide variety of content via the Internet became globally accessible. Thanks to the Internet, the classic concept of intellectual property protection based on a system of national territorially limited rights has been called into question. Since every action taken on the Internet automatically crosses national borders, i.e. has a global effect, the realization and protection of rights by the holder is difficult in terms of intellectual property rights. Considering the dynamics of the development of digital technology and the challenges it brings, in November 1998, the European Commission proposed the adoption of a directive whose purpose would be to regulate the services of the information society. Directive (EC) 2000/31 on some legal aspects of information society services, especially electronic commerce within the internal market was adopted on June 8, 2000. Section IV of the Directive is devoted to the responsibility of providers of mediation services. The same stipulates the conditions that must be met by the service provider, i.e. internet intermediary, in order to be able to enjoy immunity, i.e. exclusion of liability (the so-called safe harbor regime). The legislative framework of the Republic of Serbia in this area is fully harmonized with EU law.

Abstract ▼

At the end of the 20th century, the European Union (EU) began the creation of the Common Defense and Security Policy (CSDP), in order to strengthen its position at the global level. One of the aspects of ZOBP is overcoming obstacles in the common market of military or defense equipment. This market is regulated by a series of procedures that include public procurement procedures in the field of defense. As a rule, public procurement in the field of defense is carried out in accordance with the generally prescribed regulations on public procurement that apply to the procurement of services, goods and works of various types. Certain limitations and specifics of public procurement in the field of defense arise from the very specifics of the activities of the military and defense industry, so that certain deviations are possible for services, goods and works from this area, which presuppose strict rules and explanations. This, first of all, refers to certificates and certificates that guarantee the protection of data confidentiality, compliance with standards or national rules under which the export of certain goods is possible. The aim of the work is to bring closer the subject and procedure of these procurements and solutions that are given in European and domestic legislation. In doing so, the method of content analysis and the comparative method were used in order to clarify the basic concepts and the course of the procedure and to compare the European and domestic legislation. Based on the implementation analysis, it was shown that the Republic of Serbia fulfilled the obligation to harmonize its legislation in the field of public procurement with EU law (negotiation Chapter 5). In this way, it is possible for domestic legal entities to participate in public procurement procedures conducted on the territory of the EU, as well as for legal entities based in the EU to participate in public procurement procedures in the Republic of Serbia.

Abstract ▼

In the last few decades, the connection between respect for human rights, environmental protection and climate change has been increasingly linked to business operations. The concept of sustainable business, which has become recognizable at the global level, is in a constant process of development. Sustainable business is fully aligned with the goals and principles of the EU (EU). The paper analyzes the Proposal for a Directive of the European Parliament and the Council on due diligence for sustainable business. When the Directive is adopted, member states will have the obligation to ensure such conditions that companies operating in the internal market regularly contribute to sustainable development by preventing and mitigating potential or actual negative consequences on human rights and the environment. The Directive will create legal certainty at the EU level and improve access to legal remedies for persons affected by the negative consequences of corporate actions on human rights and the environment. The authors look back at the previous EU measures that dealt with the issue of due diligence and sustainable business and point out their shortcomings. They indicate the importance, goals and innovations that the Proposal for the Due Diligence Directive for sustainable business brings. On the other hand, the authors point out certain shortcomings in the Proposal for the Directive, which the EU institutions did not pay enough attention to, and which may cause unwanted effects in practice.

Abstract ▼

The paper provides a comparative legal review of the penal policy in the countries of Southeast Europe, with the aim of analyzing criminal law norms, their synchronization and compliance with legal standards and penological practice present in the European Union (EU). All of the mentioned legal systems are characterized by the abolition of the death penalty, which is one of the standards of EU criminal law. Consequently, this means that all these countries have adopted a policy of humanizing punishment, which aims at resocialization and prevention. The differences between the compared penal systems are found in the length of the heaviest prison sentence, as well as the application of mitigating and aggravating measures in case of mitigating or aggravating circumstances. The paper also examines the effect of conditional sentence, which represents a special privilege for those convicts who have committed a criminal offense for the first time. Finally, the analysis indicates that all considered penal systems are based on the legal foundations on which the modern legal systems in the EU member states are also based. In this sense, these penal systems follow the legal trends in the penal policy of the EU member states and try to anticipate to a great extent the legal penological standards of the EU through the strengthening of international judicial cooperation and through the harmonization of domestic legislation with EU law.

Abstract ▼

Different instruments of foreign capital inflow have different impacts on the macroeconomic size of countries in transition. In the subject paper, the authors tried to prove this hypothesis through quantitative and statistical analysis using appropriate economic models. The gradual presentation, paying significant attention to the consideration of the economic essence of the elements of the presented models, as well as the use of relatively realistic examples through a case study (on the example of Bosnia and Herzegovina), served the authors to illustrate theoretical positions and conclusions about the importance of foreign direct investments (FDI), on economic development and growth of countries on the way to the European Union (EU). Unraveling the mutual correlation of various economic factors and variables that determine the influence of FDI on the economic development of the so-called countries in transition, he also pointed to some other relationships that exist between global economic flows and the inflow of foreign capital. According to the author, the inflow of foreign capital should be controlled by economic policy instruments, but also by other instruments available to the states. The positive impact that foreign capital has on economic development generally implies a planned and rational use of approved funds. This may also be important when assessing the role of foreign capital investments coming from EU countries, since their role in most cases is of crucial importance for the development of the economies of candidate countries for admission to the EU. Serbia’s economy is no exception in this sense, and the influx of investments from the EU speaks in favor of its development capacities and faster progress towards the single European market.

Abstract ▼

With the outbreak of the Covid-19 pandemic, the danger of the erosion of the international economic order has increased significantly. Numerous hybrid threats, along with the negative and multidimensional “domino effects” of the latest use of force in Ukraine, threaten to threaten the main features of existing life on Earth, including the entire world economic order. Since the crisis knows no borders, this danger is becoming an international reality that manifests itself in a series of significant economic disruptions in global supply chains, in the destabilization of the common market and in huge losses in the key sectors of industrial production, energy and service activities. A strong recessionary blow induced first by the health and then by the political crisis resulted in a drop in GDP and an increase in public debt in quite a number of countries. Negative economic effects have become more and more visible on the world capital market. The deterioration of the situation in the financial area also affected social security in the world, which indicated the necessity of an urgent and stronger multilateral response based on clear and transparent rules and principles based on solidarity, togetherness and international cooperation. The European Union (EU), as the second largest global economy, has taken a leading role in this regard by closely cooperating with key international institutions. Considering the dimensions of disruptions in the system of international economic relations, the EU is adapting to the situation by prioritizing joint cooperation and undertaking decisive actions to remedy the negative consequences of the economic crisis through the adoption of strategic documents and action plans. In this regard, the most important documents are: “The European Green Plan” and “The Next Generation of the European Union”, which define the agenda for the transformation of the European economy into a “green economy”.

Abstract ▼

The paper analyzes the effects that occurred after accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The most significant changes and consequences of this EU act have been reviewed through the analysis of several documents and scientific literature. The adoption of the Regulation on EU action after accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act) is primarily aimed at using its exclusive competence from the EU’s common trade policy. Regulation (EU) 2019/1753 complies with the obligations of the European Union (EU) to the World Trade Organization arising from the Agreement on Trade-Related Aspects of Intellectual Property Rights. The purpose of Regulation (EU) 2019/1753 is to establish rules that enable the EU to exercise rights and fulfill obligations set out in the Geneva Act, on its own behalf and on behalf of EU member states that ratify the Geneva Act or accede to it. Also, in accordance with Council Decision (EU) 2019/1754, the EU itself, as well as the member states that ratified the Geneva Act or acceded to it, and in connection with the Geneva Act in the Special Union, is represented by the EU Commission. The adoption of Regulation (EU) 2019/1753 is to achieve the main goal of enabling the EU to participate in the Special Union in a way that will ensure the effective protection of EU geographical indications at the international level, as well as to provide for rules and procedures concerning the EU’s actions after its accession to the Geneva Аct. Well-regulated protection of appellations of origin and geographical indications of traditional products leads to an increase in their market value and growth in demand and sales of the same. However, unlike the sui generis protection of appellations of origin and geographical indications of traditional agricultural and food products, there is no sui generis protection for nonagricultural products at the EU level. The question remains whether the Geneva Act will succeed in bridging the divide between countries promoting the sui generis model of protection of geographical indications and common law jurisdiction. The Republic of Serbia is a member of the Lisbon Union and is subject to all the provisions of Regulation (EU) 2019/1753 that refer to the so-called third countries or third Contracting Parties.

Abstract ▼

In the subject paper, the author deals with the analysis of the so-called Agreement on Open Skies. It follows from the study that in everyday practice this Agreement is identified with the Agreement on the Common European Aviation Area, which according to the author’s understanding is not correct. Of particular concern is the fact that the same mistake is made in the official announcements of state bodies of the Republic of Serbia. In the explanation of this case, the author pays attention to the research of the current changes taking place in the civil aviation market in the world. At the same time, it tries to shed light on the new challenges and risks faced by national air carriers in the Western Balkan countries due to the implementation of the policy of joining the Common European Aviation Area. In a methodologically accessible way, the author considers the possibility of national air carriers to achieve certain benefits in the mentioned circumstances, and on the European aviation market. The paper emphasizes that national air carriers from the countries of the Western Balkans can get full access to this market only after completing the transition, that is, compliance with the prescribed procedures and standards of the European Union (EU). Although this phase of harmonization may be successfully completed, there is always a risk that some of the member states will not grant permission to national air carriers to use the said rights. On the other hand, air carriers from the EU have the right to “open skies“ over the Western Balkans for the positioning of their companies.

Abstract ▼

In the European Union (EU), the need to establish a crisis management system has been discussed for a long time. Within the framework of the Common Foreign and Security Policy of the EU (CFSP), crisis management mechanisms are foreseen, thanks to which the EU has the capacity to confront security risks and threats. This is visible through the security management of the EU’s civilian and military missions and operations in the world. On the other hand, there is also the so-called corporate security aspects where the managerial function is realized on a micro level in European companies and other corporate organizations. This paper is dedicated to the analysis of corporate security and corporate security management. In the postmodern period, there is a growing trend of various security threats and challenges that take on malignant formats with unpredictable consequences. In combination with traditional threats, new forms threaten to seriously threaten the interests of corporate organizations. Therefore, it was necessary to establish a system of corporate security and security management in order to prevent potential dangers. Corporate security management includes the issue of crisis management, the causes of which are often natural phenomena in addition to humans. In the area of the Western Balkans, which is otherwise politically and economically dangerous, the application of corporate security management and crisis management has a special importance because they eliminate potential security risks for the normal development of business activities of corporations.

Abstract ▼

As a country in the process of joining the European Union (EU), Serbia has made moderate progress in the pre-accession negotiations, and according to Chapter 22: “Regional policy and coordination of structural instruments”. As Chapter 22 has not yet been opened, Serbia can only have at its disposal those funds that will be given to it for use after joining the EU. Therefore, Serbia has yet to adopt the legal framework for cohesion policy, while the closure of the aforementioned Chapter can be expected when the European Commission assesses that Serbia is well prepared for transparent programming and management of funds from European funds. As far as programming is concerned, it is suggested to Serbia that the development plan, which represents the legal basis for regional development policy, be adopted as soon as possible. Namely, the EU expects Serbia to valorize its development potential on the regional level with this plan. Since the development plan was not adopted in the meantime, Serbia adopted the Smart Specialization Strategy for the period from 2020 to 2027. Thanks to this Strategy, the valorization of the development potential of the regions in Serbia was carried out. On this occasion, it was suggested to Serbia to start drafting the Smart Specialization Strategy in the phase when it gets closer to joining the EU. The reason for this is the delay in adopting smart specialization strategies as one of the conditions for using funds from the European Structural and Investment Funds (ESIF), as well as the time needed to deal with the phenomenon of the “institutional paradox related to smart specialization“.

Abstract ▼

Contemporary economic flows are characterized by continuous changes in all branches of the global economy, especially in the sphere of economic integration. Such a situation has its repercussions on the functioning of countries that build their position in the global economy on the basis of various trade, economic and political alliances and organizations. A good example is the European integration through which European countries became part of a supranational organization - the EU. The integration of European countries into the EU is enhanced not only by political, but also economic reasons, primarily by ensuring sustainable economic development and flexible social security in the field of work. The increase of economic interdependence in Europe pointed to the fact that the classic concept of the welfare state is no longer acceptable since it cannot provide rational answers for the growing social needs of employees expressed during economic crises and serious social disturbances. Finding new conceptual solutions for regulating the mentioned situations presupposes the application of the concept of “flexicurity“, which aims to find a compromise between the flexibility of the labor market and social security. The paper discusses various aspects of this concept with a case study of the example of Denmark, all with the intention of shedding more light on the theoretical and practical scope of the functioning of “flexicurity“ in the EU.

Abstract ▼

The Charter of Fundamental Rights is one of the basic legal acts of the European Union (EU), which protects basic human rights. The paper will analyze the legal scope of the Charter, i.e. its application in criminal matters, taking into account the substantive and procedural aspects of this international legal instrument. According to the authors, the functional approach in research contributes to a more complete understanding of human rights contained in the EU legal system, but also the national law of the Republic of Serbia, which is of particular importance in the process of Serbia joining this supranational international organization.