European Legislation Journal Archive
European Legislation Vol. 22 No. 81-82/2023
General issues
European Legislation, 2023 22(81-82):13-34
Abstract ▼
Globalisation as a modern-world phenomenon leads the world to rapid, deep, revolutionary, and irreversible economic, cultural, political, technicaltechnological, legal, and ecological changes. Due to the scientific and technological revolution, economic development, and reform of the political and legal systems, the globalisation process has accelerated, which has contributed to social development and prosperity. Since ideological orientation determines the content and meaning of globalisation and its positive and negative impacts on the development of international relations, it can only be assumed that this process will succeed in reconciling existing ideological differences in the future. However, we should not lose sight of the fact that for some, this process represents global connection and integration in order to improve the international system, while for others, globalisation represents fragmentation and the widening of the gap between worlds that can lead to a clash of civilizations. Since no one can distance himself from the existing globalist challenges, the author devoted special attention to the analysis of the impact of this process on the harmonisation of the legal order and the transformation of the international security system, on changes that cannot only be equated with globalisation but also with the strengthening of international organisations such as the European Union.
European Legislation, 2023 22(81-82):35-45
Abstract ▼
The transition of the Western Balkans countries manifests itself in several social, economic, and legal aspects. Most of the countries in this region are included in the Stabilisation and Association Process, the main pillars of which are the development of good neighbourly relations and regional cooperation. For this purpose, the European Union (EU) launched various initiatives for reconciliation in the former Yugoslavia in the 1990s of the 20th century. Among them were the Stability Pact in Southeast Europe and other initiatives whose main goal was to support the European perspective and the accession of the Western Balkans countries to the EU. Such was the Thessaloniki Agenda for the Western Balkans and the Berlin Process, whose goals were to preserve and improve the peaceful, stable, and democratic future of the Western Balkans countries through sustainable economic growth and joint action in the process of European integration. Although the Western Balkans countries undertook to work diligently on the joint projects and initiatives that would lead to full membership in the EU, this did not happen since the process remained conditioned by the connection of their economies. For this purpose, the Western Balkans countries are trying to attract as many direct foreign investments as possible in order not to speed up their approach to the EU on that basis. The Western Balkans countries are still required to comply with the CFSPO objectives in order to gain access to the EU. These objectives include further lowering political tensions, resolving outstanding issues from the past, and stabilising overall political conditions in the region.
Institutions
European Legislation, 2023 22(81-82):47-59
Abstract ▼
The European Union (EU) is a political, economic, and security grouping of 27 countries established on the basis of common interests formulated in legally binding documents. Acting through the European integration process, the EU implements its strategic policies, through which it deepens and strengthens its relations with countries while working on their inclusion in its institutions. Achieving the mentioned goals implies complex activities provided by defined procedures that are carried out according to the standard stages of accession within the organisational structure of the EU. The European Parliament is a special body within the EU organisational structure that includes representatives of all EU citizens elected in direct democratic elections every five years in all member states. The initial advisory role of the European Parliament has increased over time through political-control competences in various spheres connected with the affairs of other organisational units, including the domain of the Common Foreign and Security Policy (CFSP). According to the analysis in question, the EU has to undergo a significant transformation as a result of recent changes in international relations that have affected global security.
Economy, competition, entrepreneurship
European Legislation, 2023 22(81-82):61-79
Abstract ▼
The paper analyses the European Union’s (EU) position and the perspectives of its economy and the Eurozone in 2023, as well as in the medium term. The main goal of the paper is to examine how severing economic ties with the Russian Federation and the beginning of political and economic decoupling between the United States (US) and China affect the economies of EU member states, i.e., the Eurozone. Based on current indicators and various relevant projections, the entry of EU countries and the Eurozone into economic recession cannot be ruled out. The situation is further aggravated by the instability of the euro in relation to the dollar, which is a consequence of the reduced distrust of investors towards the European currency in the context of the unresolved energy situation, the conflict in Ukraine, and the disruption of supply chains. The problems mentioned are reflected in the declining competitiveness of the European economy in relation to the Chinese and American economies. This trend will most likely continue in the coming period, and the European economy will try to find adequate solutions to get out of the recession with its own economic models.
European Legislation, 2023 22(81-82):80-94
Abstract ▼
The Cohesion Policy of the European Union, as an integral part of its regional policy, represents the strategic commitment of this international organisation aimed at sustainable economic development and social prosperity in its member states. The European Union has determined what kind of financial assistance should be given to the states through the Cohesion Fund in order to accomplish the specified objectives. Through this fund, member states receive grants to achieve uniform economic growth, build infrastructure, and develop human capacities. Financial aid from the Cohesion Fund and other structural funds should contribute to “economic, territorial and social cohesion”. In addition to receiving development aid, the Western Balkans countries applying to join the EU also have access to pre-accession aid money from the IPA fund, which serves as a tool for laying the groundwork for the use of structural funds before admission to the European Union. In this sense, the candidate countries use the possibilities of existing financial support for the development of their institutional capacities and the implementation of economic reforms. Since economic reforms are a prerequisite for sustainable economic development, the Western Balkans countries place more emphasis on the development of transport infrastructure and road networks, which would make it easier to achieve integration into the transport infrastructure of the European Union. Achieving positive effects on that front is connected with the development of international cooperation, not only with the EU member states but also with Asian states. In this sense, the Republic of Serbia has a particular interest in utilising its positive international relations to develop its economy and infrastructure.
European Legislation, 2023 22(81-82):95-107
Abstract ▼
Since 2001, the European Union has been dedicatedly working on upgrading and improving the legislation on corporate governance. In the 2022 report entitled “Winter“, prepared by an expert group of lawyers, recommendations were made that the European Union’s legislation should oblige companies to publish their annual reports and apply the “comply or explain” principle. According to these recommendations, European companies should publicly announce the composition of their boards of directors, the models of their independent action, the methods of payment of compensations and awards, and other data on the procedures for the electronic declaration of members of the boards of directors, as well as the ways of informing shareholders in corporations about corporate decisions. The establishment of an adequate concept of corporate governance harmonised with the principles valid in the European Union and its continuous improvement through the establishment of an adequate and integrated legal framework, especially in the domain of financial supervision, is important for countries in transition due to the relatively low level of knowledge and experience of the participants in the processes of corporate governance and due to the specifics reflected in the lower degree of trust in the institutional and real environment that resulted from post-privatisation processes where ownership transformations are carried out to the detriment of small shareholders.
Finances
European Legislation, 2023 22(81-82):109-133
Abstract ▼
The establishment of the European Union’s internal market presupposes the realisation of the concept of sustainable development based on balanced economic growth, social progress, and environmental protection. The European Union\'s commitment to the comprehensive realisation of this concept is reflected in the implementation of the goals from the United Nations “Agenda 2030” of September 25, 2015. Following the direction from the mentioned Agenda, on December 11, 2019, the European Union adopted an initiative formulated through the Communication as the “European Green Plan”, which envisages a new sustainable development strategy based on the modernisation of the European economy and the growth of the European Union into a fairer and more prosperous society. This transition should be open to all actors with the aim of preserving natural resources while protecting the health and wellbeing of citizens from environmental risks such as climate change, loss of biodiversity, ozone depletion, water, land, and air pollution, and urban stress. Since the implementation of the sustainable development strategy is directly related to the financial recovery plan, “The Next Generation of the European Union”, promoted in the Commission\'s Communication of May 27, 2020, all business investments within the European Union should go in the direction of introducing new, more efficient, and legitimate models of sustainable development. Moving in that direction, the European Union adopted Regulation 2020/852, which foresees the regulatory framework necessary to facilitate socalled sustainable investments, which should become one of the key factors in the transformation of the traditional European economy into a sustainable “green economy”.
European Legislation, 2023 22(81-82):134-146
Abstract ▼
The financing of the most significant development projects intended for local self-government units in the Republic of Serbia originates from European Union (EU) funds. Development projects are distributed through various EU support programmes for social and economic development. By combining grants and loans into a single financial support for the development of various fields (from ecology, energy, and transport to social policy and private sector development), the EU provides assistance to the Republic of Serbia in preparation for its full membership in this organisation. The basic condition for projects to obtain the necessary financial resources is their readiness and availability (possession of plans and necessary technical documentation, studies, permits, etc.), with which local communities have a greater opportunity to participate in publicly announced tenders. Unfortunately, the majority of local self-government units do not meet the requirements of readiness and availability of projects, nor do they have sufficient personnel and technical capacities for their preparation and implementation. Despite this aggravating circumstance, local self-government units are able to use funds from EU pre-accession aid. After state reforms and harmonisation of domestic legislation with EU legislation, the Republic of Serbia will be able to use funds from structural funds that would contribute to improving the quality of life and sustainable economic development.
Agriculture
European Legislation, 2023 22(81-82):147-166
Abstract ▼
The paper analyses the provisions of Regulation No. 2021/2116 on Financing, Management, and Monitoring of the Common Agricultural Policy of the European Union (EU) of December 2021. After the introductory considerations through the use of adequate legal and statistical methodology, the author analyses the content of the Regulation on Financing, Management, and Monitoring of the Common Agricultural Policy, which specifically refers to the management bodies, the method of fund management, settlement of accounts, reimbursement of funds, control system and penalties, and other important areas. In the paper, the author refers to the provisions of the Law on Agriculture and Rural Development and the Law on Incentives in Agriculture and Rural Development, which regulate issues within the jurisdiction of this Regulation. Given that the Regulation does not have limited validity, the author believes that due to the connection with the EU budget, it is foreseen that the Regulation will be applied until the end of 2027. Taking into account this circumstance, the author concludes that after the expiration of the validity of the Strategy for Agriculture and Rural Development in 2024, the Republic of Serbia should adopt a new strategy in these fields for a long-term period (20252035) when domestic legislation would be fully harmonised with the provisions of the Regulation in question.
Regional policy
European Legislation, 2023 22(81-82):167-181
Abstract ▼
Relations between Bulgaria and North Macedonia have not been an example of good neighbourly relations since North Macedonia gained its independence until today. The reasons for such a state of affairs are deeply rooted in different interpretations of historical facts. With an inconsistent attitude towards minorities, the negative development of mutual relations has deepened even more. From the perspective of the development of neighbourhood policy, this circumstance can be one of the important obstacles on the path of North Macedonia\'s accession to the European Union. In this sense, the subject analysis of the political relations between North Macedonia and Bulgaria includes a discussion of the conditions that Sofia sets for Skopje on the way to full membership in the European Union. Through a case study, the author tries to answer the question of whether the European integration of the countries of the Western Balkans is conditioned by open political issues and challenges between neighbouring countries or whether the European perspective of this region is determined by current challenges and circumstances within the framework of the European Union. North Macedonia\'s relations with neighbouring Bulgaria are a good example in this sense, bearing in mind the rhetoric of the official Sofia, which uses the resolution of open political issues with Skopje to condition the perspective of North Macedonia.
Defense policy
European Legislation, 2023 22(81-82):183-194
Abstract ▼
The effort of the European Union (EU) to strengthen its security, defence, and defence capacities in such a way that they can act independently of external factors such as the United States (US) is of crucial importance for the entire European continent. The beginning of the operation of the European Defence Fund, intended for the coordination and increase of investments in the defence purposes of the EU member states, marks a new stage in the development of its Common Security and Defence Policy (CSDP), as well as its attempt to become independent from non-European suppliers and resources. The development of modern international relations in which the EU has a prominent role, however, did not lead to changes in the EU\'s positioning towards the North Atlantic Treaty Organisation (NATO) since both organisations share the same values and the EU still relies on NATO\'s defence capabilities. It certainly has a particular significance for the EU\'s relationship with third countries that are candidates for its membership. Thus, the candidate countries are expected to comply with the institutional framework set by the CSDP. The Republic of Serbia has precisely defined obligations in this regard. Although it does not have the possibility of using funds from the European Defence Fund, the Republic of Serbia, based on the contract with the European Defence Agency (EDA), has the possibility of better understanding and involvement in research on new technologies of importance for European security.
Ecology
European Legislation, 2023 22(81-82):195-205
Abstract ▼
The Agreement between the European Union (EU) and the Republic of Serbia on Stabilisation and Association of 2008 stipulates the obligations that Serbia, as a candidate country for membership in this organisation, has to fulfil in terms of environmental protection. In this sense, this Agreement pays special attention to cooperation in the field of ecology as one of the priority areas for obtaining the necessary financial assistance. In accordance with the General Action Programme of the EU for environmental protection, policy instruments in the field of environment include, in addition to financial and market incentives, the participation of different actors at different levels. In this sense, the authors of the paper analyse through a case study the participation of the company “Hisense” - factory “Gorenje” in the preservation and protection of the environment of the city of Valjevo. The company is recognisable on the market for its environmental protection solutions with various partners in industry, trade, crafts, and the public sector. The “Gorenje” factory in Valjevo has a very high quality of products and services based on knowledge of the industry and legislation, competitive prices, and a strong business and research network owned by the company “Hisense”. Hence, there are opportunities for the company to maintain strong and long-term partnerships with key business partners, among which are some of the largest and most important local and global companies operating in the markets of Southeast Europe.
Education and culture
European Legislation, 2023 22(81-82):207-215
Abstract ▼
Cultural heritage enjoys special protection in all modern legislation. The information society we live in has imposed the need to protect cultural heritage with new, modern methods. Not only does digitisation protect cultural heritage as a whole, but it also makes it more accessible. The importance of the digitisation process in this area was also recognised at the European Union (EU) level, which resulted in the adoption of the Commission\'s Recommendation on Digitisation and Online Availability of Cultural Goods and Digital Protection of August 24, 2006 (585/EK). Although we are talking about recommendations, their importance stems from the need to adequately protect cultural heritage and make it more accessible. Taking into account the interest of the states to act preventively in an adequate way on the protection of cultural property, the authors provide an overview of the legal framework for their criminal protection in the Republic of Serbia at the end of the paper.
Technology and media
European Legislation, 2023 22(81-82):217-228
Abstract ▼
The European Union (EU) has begun to fight for a greater share of the digital world. By adopting the strategy “Europe fit for the digital age in 2020”, the EU plans to respond to this digital challenge in the long term. The strategy offered a basis for strengthening the competitiveness of the European Union in the socalled “fourth industrial revolution”. In order to strengthen strategic autonomy and create a single digital market, the EU, through the Commission, will provide practical guidelines and legal regulations that will be incorporated into the internal legal systems of member states in the coming period. Adapting to the digital age also means that the EU will make the necessary efforts to strengthen its digital sovereignty by 2030. The latest regulation of the European Union in the digital field is covered by Decision (EU) 2022/2481 of the European Parliament and Council on the establishment of the Policy Programme of the Digital Decade 2030, dated December 14, 2022. The decision represents an important legal source that should enable the promotion of the digital transformation of the European Union. It foresees general and specific digital goals, mechanisms for monitoring and establishing cooperation between member states and third countries, and a legal framework for projects that should enable the implementation of the Digital Decade Policy Programme.
European Legislation, 2023 22(81-82):229-249
Abstract ▼
With the amendments to the Directive on Audiovisual Media Services from 2018, the European Union prescribed an obligation to share European audiovisual works with on-demand services. In the subject paper, the authors first provide an account of the historical development of ondemand services as a special type of service and then present a comparative analysis of the obligations set before the providers of on-demand services, with special reference to the obligations treated as a share in European audiovisual works. In addition to the above, the authors analyse the positioning of the strongest players in this area and the solutions present in domestic legislation. Referring to the new trends in the provision of ondemand services in the global and European markets, the authors also present reasons for the adoption of new legal solutions that would make it possible to comply with European regulations as well as with valid world standards in this area.
Human rights
European Legislation, 2023 22(81-82):251-267
Abstract ▼
Every war has consequences for the warring parties as well as for the surrounding countries and regions. Russia\'s special operation in Ukraine, which began in 2022, threatens to have consequences for the entire world. Due to the war destruction in Ukraine, the European Union (EU) is faced with an influx of refugees from Ukraine. The consequences and traumas that war leaves on children and youth are particularly serious. This category of persons faces numerous dangers, including human trafficking, illegal adoptions, physical and sexual abuse, as well as consequences for health, education, development, and social integration. In the subject analysis, the author examines the Resolution of the European Parliament on the protection that the EU provides to children and youth who fled from Ukraine, as well as the obstacles that the EU faces on this path. In the analysis, the experience of the Republic of Serbia with regard to this issue was also considered. Taking a serious approach to the analysis of this important and current topic, the author comes to the conclusion that the EU invests great efforts in reuniting families, social integration, providing health care, providing psychological support, ensuring the continuation of education, and solving other problems for refugee children and youth from Ukraine. In the authors’ opinion, the measures taken by the EU so far in the protection of children and youth refugees from Ukraine have proven to be effective, which is why it would be possible to use these positive experiences as appropriate guidelines for adapting the domestic practice in providing refugee protection.
Јudicial practice
European Legislation, 2023 22(81-82):269-282
Abstract ▼
It is becoming more apparent in contemporary legal systems that alternate methods of adjudicating court cases are needed. The judiciary, especially in the countries in the transition process, was slow and inefficient, thus creating a particular legal deadlock in the resolution of disputed legal issues, while citizens felt the biggest consequences. International arbitrations are judicial procedures established according to similar principles as judicial procedures that take place before national courts. A significant difference between international arbitrations and national courts is reflected in the fact that the judicial duties in arbitrations are entrusted to private persons who have the status of arbitrators. The advantage of arbitration procedures is reflected in their speed and economy. Arbitration proceedings are often called hybrid because they combine elements of civil and general legal proceedings. In the European Union, arbitration remained outside its legal system. The idea of an arbitral tribunal has not been incorporated into European legislation. The national legislations of some European Union countries do not treat the possibility of settling legal disputes through arbitration, while others prescribe only certain disputes that can be submitted to arbitration, as well as the reasons for recognition, execution, and annulment of arbitration decisions.
Review
DVADESETI VEK KAO DOBA EKSTREMA
European Legislation, 2023 22(81-82):283-289

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