European Legislation Journal Archive


European Legislation Vol. 21 No. 80/2022

General issues

THE CONCEPT OF “E­DEMOCRACY” AS A MODERN FORM OF THE RULE OF LAW
Ratomir ANTONOVIĆ
European Legislation, 2022 21(80):13-27
Abstract ▼
Modern information technologies, computing, and informatics are becoming an integral part of modern life in the European Union. More and more in their daily lives, but also in their speech, citizens of EU member states come across terms like “electronic government”, from which the terms “e-democracy” and “e-government” are derived. With the use of mobile devices and the so-called smartphone devices, they also introduced the concepts of “m-democracy” and “m-government”. In the aforementioned context, it is increasingly possible to talk about the so-called “e-participation of citizens”, which includes citizens in democratic processes within state institutions and then within the institutions of the European Union. E-participation actually represents the process of involving citizens in the discussion on all current social issues. Through e-participation, citizens become active participants in political processes. In contemporary international relations, it is not disputed that the Internet as a communication medium has great potential. Its capacities are expanding daily, so the Internet is increasingly playing a role in preserving the democratic order. The progressive transformation of information technologies will probably increase the current capacities of the Internet, which will give this medium a key role in the creation of a new form of participatory democracy through so-called online participation.
THE IMMUNITY OF MEMBERS OF THE EUROPEAN PARLIAMENT
Nikola STANKOVIĆ
European Legislation, 2022 21(80):28-42
Abstract ▼
The paper presents the parliamentary and personal immunities of the members of the European Parliament through the analysis of the Convention on the Functioning of the European Union, the Rules of Procedure of the European Union and the practice of the Court of Justice of the European Union. The author also examines protection mechanisms, as well as cases in which those mechanisms are activated in the complex system of the European Parliament. Starting from the previous considerations, the author tried to present a rounded picture of the specific position of the members of the European Parliament through the explanations of the regulatory solutions that determine their status and ensure their immunities and privileges.
SPECIFICITY OF EUROPEAN INTEGRATION OF THE REPUBLIC OF TURKEY
Birsena NUMANOVIĆ DULJEVIĆ
European Legislation, 2022 21(80):43-51
Abstract ▼
The Republic of Turkey is a transcontinental country that acquired the status of a regional power in Southeastern Europe and Central Asia in the last two decades. The positioning of the Republic of Turkey in international relations is quite controversial, given the burden of its historical heritage, frequent military coups, and efforts to impose itself as a hegemon on the entire Muslim world. As a member of NATO, with US nuclear weapons stationed and the second largest army in that alliance, the Republic of Turkey has unsuccessfully applied for membership in the European Union for six decades. Its contemporary international position is characterised by manoeuvres between the Russian Federation and the US, conflicts with Iran, Syria, and Armenia, the provision of military and humanitarian aid to Azerbaijan in the conflict in Nagorno-Karabakh, and the latent role of mediator in peace negotiations in the conflict in Ukraine. The measured approach of Turkish President Recep Tayyip Erdogan in international relations contributed to the reduction of tensions in the Western Balkans, especially in Bosnia and Herzegovina and in the area of Raška, which resulted in the strengthening of relations with the Republic of Serbia.

Legislation

CRIMINAL OFFENSES RELATED TO TERRORISM AND PROTECTION OF VICTIMS AGAINST VICTIMIZATION UNDER EU LAW
Nikola PAUNOVIĆ
European Legislation, 2022 21(80):53-70
Abstract ▼
Because countries are currently dealing with a slew of criminal acts related to terrorist activities, special attention should be paid to this issue. In order to establish an adequate criminal law response to terrorist threats at the level of the European Union, Directive 2017/541 was adopted, which criminalises criminal acts related to terrorist activities. The Directive also pays attention to special investigative techniques in the process of detecting criminal acts of terrorism as well as protecting victims from victimization. In this sense, the paper examines the phenomenological forms of various criminal acts related to terrorist activities and the importance of the European legal acquis (acquis communautaire) in this area for the Republic of Serbia. Finally, the analysis indicates that the application of special investigative techniques is becoming more and more important in the sphere of the detection of terrorist activities. That is why it is necessary to undertake the needed operational actions with a coordinated and timely approach with the aim of early detection and recognition of terrorist crimes to enable adequate protection for victims of terrorism.
ELECTRONIC INVOICING IN THE EUROPEAN UNION
Vesna ĆORIĆ, Milica V. MATIJEVIĆ, Ana KNEŽEVIĆ BOJOVIĆ
European Legislation, 2022 21(80):71-91
Abstract ▼
The European Parliament and Council Directive 2014/55/EU on electronic invoicing in public procurement procedures represents a significant advancement in electronic invoicing. Prior to its adoption, there were acts of the European countries that partially regulated the issues of electronic invoicing. However, those acts were not aimed at improving the operability of the standard since they did not include the obligation to receive an electronic invoice issued in a structured electronic format, which enables its automatic and electronic processing. The Directive imposes an obligation on public-sector entities to receive electronic invoices in certain situations but not to issue them, and public-sector entities can still accept invoices issued in printed form. The member states are free to expand the scope of application of the Directive when transposing it. The paper first presents the purpose of adopting Directive 2014/55/EU and then other EU measures that are important for electronic invoicing. After presenting their basic characteristics, the content of the Directive is presented, which is the key source of EU law in the field of electronic invoicing. In order to see the scope of the Directive as fully as possible, the work also takes into account the documents adopted by other international organisations. The analysis is primarily based on the analysis of the legal acquis of the EU as well as the national acts of the member states that transposed the Directive into the internal legal order.

Economy, competition, entrepreneurship

COMPREHENSIVE AGREEMENT ON INVESTMENTS BETWEEN THE EUROPEAN UNION AND CHINA
Duško DIMITRIJEVIĆ
European Legislation, 2022 21(80):93-105
Abstract ▼
Since the entry into force of the Treaty of Lisbon in 2009, the European Union has initiated intensive negotiations to achieve fairer solutions on free trade with China. Since China is not only the most important trade partner of the European Union but also its systemic rival, whose investments in critical assets, technologies, and infrastructure carry certain security risks, the European Union concluded the negotiations with China on the Comprehensive Investment Agreement on Investment on December 30, 2020. The agreement should end the validity of existing bilateral trade agreements and provide greater legal certainty and, thus, a healthier economic environment within the EU. The agreement envisages free and equal access for European investors to the Chinese market while providing adequate legal guarantees on national treatment and the abolition of quantitative and capital restrictions. Equalizing business conditions and establishing new rules for investments by state-owned Chinese companies in the European Union with respect for international labour, technological, and environmental standards, as well as greater transparency of state subsidies, could lead to an improvement of mutual trade relations. Based on the stated assumption, the author of the study believes that it is possible to find appropriate solutions that would reduce the risks caused by political disputes leading to the suspension of the ratification process of the Comprehensive Agreement on Investments at the expense of legitimate interests in achieving mutually sustainable economic development.
EUROPEAN LEGAL FRAMEWORK ON LIMITATION OF ADVERTISING OF TOBACCO PRODUCTS
Filip MIRIĆ, Jelena MLADENOVIĆ
European Legislation, 2022 21(80):106-122
Abstract ▼
Consumption of tobacco products is harmful to people\'s health in many ways. The mentioned harm is also sanctioned in the legal system of the European Union (EU) in such a way that the European Parliament and the Council passed Directive 2003/33 on the harmonisation of laws, regulations, and administrative provisions of the member states related to advertising and sponsorship of tobacco products on May 26, 2003. In the paper, the authors analyse precisely the rules incorporated in this Directive that refer to restrictions on the advertising of tobacco products. Since the Directive also regulates the sale of tobacco products in the member states of the Union, the authors, following a comparative legal approach, consider the solutions present in the legislation of the Republic of Serbia that refer to this matter. Finally, coming to certain conclusions that point to the effects of limiting advertising and sponsorship of tobacco products in the domestic economy, the authors also point to the harmful consequences of the sale of tobacco products on public health.

Finances

BANCASSURANCE UNDER COMMUNITY LAW
Nevenka VOJVODIĆ MILJKOVIĆ, Milica STOJKOVIĆ
European Legislation, 2022 21(80):123-136
Abstract ▼
In this paper, the issue of bancassurance as a key distribution channel for life and some non-life insurance services is considered. The analysis is based on the experiences gained and the practical application of bancassurance in developed and developing countries. According to the authors\' findings, the emergence of bancassurance should be seen first and foremost through the alignment of insurers\' goals to reduce sales costs and increase income, as well as through the goals of banks to generate additional income and expand the range of banking services. The legislation of the Republic of Serbia establishes a normative framework in which insurance companies can market their products through bancassurance. From the point of view of Community law, bancassurance is a common banking practice. In this sense, the paper analyses the bancassurance practice that exists in the European Union market. The conclusions reached by the authors through the application of statistical-mathematical and other scientific methods, as well as the application of logical reasoning methods, point to certain advantages and disadvantages of this practice, which can ultimately be useful for the harmonisation of domestic legislation with EU law.
COMPARATIVE ANALYSIS OF TAX SYSTEMS
Petar MATIĆ, Slavko VUKŠA
European Legislation, 2022 21(80):137-149
Abstract ▼
Tax systems include taxes and tax forms that play a major role in the business of states. No tax system in the world is the same, which is why economies differ in their tax policies and structures. The state\'s tax policy can affect several economic segments, such as unemployment, income, company profits, and investment inflows. The importance and purpose of quality management of the tax system are increasing daily, and states contribute to their own sustainability and stability through taxes and fiscal policy. In order to achieve sustainability and stability, tax and fiscal policy must be based on the principles of fairness, efficiency, simplicity, and generosity. In the paper, the authors pay attention to the comparative study of the tax systems of the member states of the European Union and the Republic of Serbia. The analysis includes the movement of income tax, profit tax, and value-added tax rates. Individual and synthetic analyses of the system indicate visible differences in wealth and tax morale. Since the Republic of Serbia is a country that has been going through various macroeconomic imbalances for the past three decades, the authors believe that the domestic tax system requires serious fiscal reforms. Reforms are needed primarily in direct taxation (taxation of income and property) because taxes on income and property do not play a large role in the entire tax system and fiscal policy. Finally, the author\'s intention was to derive the appropriate recommendations necessary for the optimal implementation of fiscal reforms in the Republic of Serbia based on the empirical experiences of the EU member states.

Traffic

TRAINING OF SEAFARERS ACCORDING TO THE EUROPEAN UNION LEGISLATION
Iris BJELICA VLAJIĆ
European Legislation, 2022 21(80):151-168
Abstract ▼
The free movement of labour within Europe requires faster and easier recognition of diplomas and certificates of the levels of knowledge achieved. The increased volume of maritime traffic in trade, as well as the constant shortage of labor, particularly highly educated labor, as well as the use of advanced technologies that automate ship management, necessitate significant innovations in seafarer training. At the same time, the increase of maritime traffic also leads to an increase in maritime accidents and incidents. As a result, the EU uses the existing international legal framework to align its legal order with international legal standards. Frequent changes caused by technological progress in the entire maritime industry pose new challenges but also provide opportunities for utilising the capacities of educational institutions in the Republic of Serbia in terms of e-education and distance learning. In the subject paper, the author tried to show the activities of monitoring the implementation of the International Convention on Standards for Training, Certification, and Watchkeeping of Seafarers (STCW Convention), which became an integral part of EU legislation through Directive 2022/993. Considering the adopted solution that the member states should adopt, the author presented an overview of the prescribed requirements that are set before seafarers who would like to sail on ships flying the flag of one of the EU member states. Comparatively, the author also presented the state of compliance of the legislation of the Republic of Serbia with EU law as well as with international legal standards established by the International Maritime Organization (IMO).

Agriculture

“FROM FARM TO FORK STRATEGY” OF THE EUROPEAN UNION
Dušan DABOVIĆ
European Legislation, 2022 21(80):169-189
Abstract ▼
The paper discusses the solutions envisaged by the Strategy of the European “from farm to fork”, through a comparison of the solutions accepted in this area in the strategic documents of the Republic of Serbia. The author, in addition to applying the scientific methodology applicable to the analysis of internal legislation and EU law, also uses the statistical methods necessary to provide relevant reports on the effectiveness of the adopted measures. In this sense, after the introductory considerations, the paper presents an overview of the measures used to effect the solutions provided for in the EU Strategy. Through the analysis of the annex of the Strategy “from farm to fork”, the author provides adequate explanations related to the issues of the greatest importance for a correct, healthy and more environmentally friendly food system of the EU. The analysis draws conclusions according to which the construction of the food chain is in the interest of consumers and producers, if those chains meet climatic and ecological requirements. In the conditions of transition and promotion of global values, the influence of this strategic document for our country is of great importance. This is indicated by the analysis of the Agriculture and Rural Development Strategy of the Republic of Serbia for the period 2014-2024. year, which points to the conclusion that our internal legislative order is mostly aligned with EU standards in this area. However, all the planned solutions from the EU strategy “from farm to fork”, have not been fully implemented, and could be incorporated into our legal order through the adoption of a new strategic document for the period 2025-2035. years.

Security policy

MILITARY NEUTRALITY OF SERBIA – A DILEMMA FOR THE EUROPEAN UNION?
Jelena ŠULEIĆ, Hatidža BERIŠA, Sandra BOŽIĆ
European Legislation, 2022 21(80):191-208
Abstract ▼
With the outbreak of war in Ukraine, Serbia found itself in the “line of fire” of two global geopolitical concepts. The geopolitical proximity of the Russian Federation (RF) and China in the zone of the strong influence of the geopolitical power of the United States of America (USA) and Euro-Atlantic integration projects — NATO and the European Union — has put Serbia in front of numerous political, military, and security challenges. At the turn of two millennia, the most important political challenge for the Republic of Serbia is the issue of the status of Kosovo and Metohija, whose solution practically blocks its integration ambitions, placing it on the side of the post-Soviet states with “shredded sovereignty” and threatened territorial integrity. This does not contribute to Serbia’s optimal positioning in the modern European order but exposes it to permanent crises that do not contribute to its political stability nor the stability of the region. This national, political, and security challenge is highly positioned on the foreign policy agenda of the great powers and becomes another point around which their geopolitical power is distributed. The gap between two national political interests (membership in the EU and preservation of territorial integrity) forces Serbia to position itself between the US and the Russian Federation, which essentially means accepting the concept of military neutrality. Whether the EU accepts this determination of Serbia or whether this determination represents a real political dilemma for the EU remains to be seen, depending on the trends and constellation of global international relations in the coming period.
GEOPOLITICAL AND SECURITY SIGNIFICANCE OF WATER AS AN ESSENTIAL RESOURCE OF THE 21ST CENTURY
Slobodan NEŠKOVIĆ
European Legislation, 2022 21(80):209-218
Abstract ▼
Water is a natural resource that is essential for the survival of mankind. In the modern geopolitical and security environment, water becomes a strategically important natural resource whose exploitation determines the direction of social development but also social crises, political disputes, and even armed conflicts. Focusing on the importance of water at the beginning of the 21st century, the author discusses the security problems related to the management and protection of water. This topic has become increasingly relevant during the process of accession to the European Union since the problems related to the protection of water and the environment, in general, have become more pronounced. Consequently, the fulfilment of EU safety standards in the field of water is an increasingly important condition for European integration. Starting from the assumption that water will eventually become one of the biggest geopolitical and security challenges for the entire world, the author concludes that for its rational use, something more orderly should be introduced, i.e., rules that would be applied internally so that states could optimally dispose of water resources. The special efforts made at the level of the EU and the United Nations, as well as other relevant international organisations and bodies, only speak in favour of this way of thinking, which takes care of the preservation of national interests and international security.

Education and culture

KNOWLEDGE AND EDUCATION – THE DRIVERS OF TECHNOLOGICAL, SOCIAL AND ECONOMIC PROGRESS
Ljiljana M. MUDRINIĆ
European Legislation, 2022 21(80):219-240
Abstract ▼
The European Union invests huge resources in the development of fundamental and applied sciences. Fundamental and applied sciences have always changed the world for the better by solving specific social issues and problems. Knowledge has become a strategic resource in EU member states, and the knowledge market has played a significant role in achieving effective governance. It is known that the knowledge society was created as a result of scientific and technological development. Social development is conditioned by numerous social and economic determinants. These determinants are rapidly changing, which is why development is conditioned by continuous learning and the acquisition of new knowledge. In this sense, education, professional development, and the acquisition of new knowledge, skills, and abilities enable the more effective application of knowledge in practice. In this regard, modern European society is developing different concepts of learning that are not solely related to institutional learning but also include non-institutional information models of learning and knowledge acquisition. Those models enable constant learning and improvement and wider inclusion in social flows. New models contribute to the well-being and development of European society as a whole. In this regard, the author examines the role of knowledge and education in the technological, social, and economic development of society. Social development and progress are important prerequisites not only for achieving membership status in the EU but also for the inclusion of candidate countries in the “European Knowledge Society”.
THE SIGNIFICANCE AND ROLE OF THE MEDIA IN THE PROCESS OF ACCESSION TO THE EUROPEAN UNION
Jelena TUCAKOVIĆ
European Legislation, 2022 21(80):241-254
Abstract ▼
The subject paper sheds light on the importance of the media in the process of European integration. Emphasis is placed on controlling this process and building trust. It also examines the threats posed by Euroscepticism, the development of an anti-European climate, as well as the issue of media pluralism. The research methods are aimed at proving the hypothesis that the media is an indispensable element in creating support for the European integration process. The basic aspect of the work is identifying and researching the advantages and disadvantages of media influence in this political process. Past practice has shown that the media have an undeniably significant role in the process of creating and distributing information related to the progress of candidate countries in joining the European Union. Certain conclusions emerge from the analysis, indicating that the role of the \"mainstream\" media in informing the public about all significant aspects of this process is not negligible. Looking at the activities of relevant actors in the process of Serbia\'s EU accession and strategic decision making regarding the harmonisation of domestic legislation with EU law, it is possible to conclude that the media serve not only for the placement of specific information about European integration, but also for continuous and comprehensive education of the public about how to achieve this process. Comprehensive media coverage of this process, along with the adoption of media strategies, contributes to the formation of an environment open enough for dialogue, the implementation of the necessary systemic reforms, and the realisation of activities necessary for the acquisition of the status of an equal member of the EU.

Јudicial practice

EUROPEAN INTEGRATION IN THE DOCTRINE OF THE GERMAN CONSTITUTIONAL COURT: WHO HAS THE FINAL WORD?
Žaklina NOVIČIĆ
European Legislation, 2022 21(80):255-278
Abstract ▼
The subject paper examines the issue of European integration in the judicial practice of the Federal Constitutional Court of Germany (Bundesverfassungsgericht). The analysis includes jurisprudence that was developed according to the principle of the primacy of the law of the European Union (EU) in relation to the national rights of the member states and from whose absolute validity the Federal Constitutional Court gradually deviated. The mentioned practice of the Federal Constitutional Court dates back to the midseventies of the 20th century, and it covers a whole series of cases that concerned the protection of basic human rights. As a result of the reserve \"as long as\" (Solange), the Federal Constitutional Court of Germany established a practise that enabled it to challenge the actions of EU institutions following major revisions to the EU Founding Treaties (from Maastricht to Lisbon). By constructing two new reservations, \"constitutional identity\" and “ultra vires”, the Federal Constitutional Court challenged the absolute primacy of EU law. Finally, the current disputes before this Court related to the emergency bond purchase programme during the pandemic by the European Central Bank have led to a verdict declaring the actions of this EU institution and the Court of Justice to be ultra vires. However, the current German Government has assured the EU Commission that this will not be a precedent and that such a trend will be stopped. The question remains open: what will be the answer of the Federal Constitutional Court, and what is expected at the end of 2022.
PRINCIPLES OF DIRECT LEGAL EFFECT AND SUPREMACY OF EU LAW IN THE PRACTICE OF THE COURT OF JUSTICE
Nikola DRAGOJLOVIĆ
European Legislation, 2022 21(80):279-292
Abstract ▼
In this paper, the practice of the Court of Justice of the European Union is discussed. The author\'s attention is drawn to decisions in which the Court of Justice developed some of the fundamental principles on which EU law rests, such as the principle of the supremacy of EU law, according to which this law has priority over any national law that conflicts with it, and that the law is applied as is in relation to the previous and future legislation of the member states. With its decisions, the Court of Justice introduced another important principle that refers to the direct legal effect of EU law in the member states. According to this principle, the direct application of EU law towards individuals is enabled, which specifically enables individuals to have the opportunity to exercise their rights arising from it before the national courts of the member states. The paper presents the most significant cases from the practice of the Court of Justice, along with a legal analysis of the adopted positions. The author quotes the Court’s findings in the cases of Van Gend en Loos (1963), Costa v. ENEL (1964), and Simmenthal (1978), indicating their importance for the evolution of the European Community and EU law. In the concluding remarks, the author presented a general assessment of the contribution of the jurisprudence of the Court of Justice to the development of the basic principles and rights of the EU.

Book reviews

DIGITAL FINANCE IN EUROPE: LAW, REGULATION, AND GOVERNANCE
Milena MITROVIĆ
European Legislation, 2022 21(80):293-296