European Legislation Journal Archive
European Legislation Vol. 23 No. 85/2024
General issues
European Legislation, 2024 23(85):13-33
Abstract ▼
As a consequence of the invasion of Ukraine, the European Union has taken a series of steps to present itself as a regional geopolitical leader. Comprehensive support for Kyiv has followed in the areas of military-security aid, political, humanitarian, and other cooperation. Additionally, there has been significant distancing from Russia through numerous restrictive measures. Finally, the EU formally recognised the membership perspective for Ukraine, Moldova, and Georgia. This paper aims to explore the ambivalence and consequences associated with recognising the accession perspective for these eastern partners. On the one hand, the author interprets this as part of the EU\\\'s crisis response, aiming to maintain normative and other influence in its geographic neighbourhood. On the other hand, by effectively including these countries in the enlargement policy, the fate of the Eastern Partnership (EaP) as a neighbourhood political initiative is questioned, as its focus now remains only on Armenia and Azerbaijan, raising questions about its purpose. The hypothesis is that changes in European policies, however justified or compelled, pose a challenge to both domains, as enlargement has been in crisis for years and the aims and identity of the EaP are now in question. The author further illustrates how the Eastern neighbours compare with Serbia in their readiness for membership. The author concludes that geopolitical trends, no matter how important, cannot replace either domestic reforms in candidate countries or institutional changes necessary within the Union for the planning and implementation of the accession of new countries.
European Legislation, 2024 23(85):34-51
Abstract ▼
Since the beginning of the war in Ukraine, the US and its allies (primarily the European Union) have been intensively working out scenarios on possible responses to a possible deepening of the crisis in the Taiwan Strait. One of the key questions is: would comprehensive sanctions against China, in the case of escalation over Taiwan, have an effect, bearing in mind the relative ineffectiveness of the economic embargo against Russia? Given that the Chinese economy is ten times larger than the Russian one, that the centre of global trade and finance has moved to the Pacific region, and that China is by far the most important global industrial power (whose industrial output is three times that of the US), Western containment of Beijing through sanctions would certainly have strong effects on the implementers themselves. Analysts increasingly use Cold War terminology, including the concept of “mutually assured destruction”, to which some authors have added an economic dimension. What is already looming as a realistic scenario in the event of the outbreak of the Taiwan crisis is the implementation of G7 sanctions on three levels: against the Chinese financial sector, individuals, companies, and other entities connected to the Chinese authorities. Therefore, the real possibility of a dramatic disruption of global economic security cannot be completely ruled out for now.
Institutions
European Legislation, 2024 23(85):53-62
Abstract ▼
In January 2023, the French Secretary of State for Europe, Laurence Boone, and the German Minister for European Integration, Anna Luhrmann, commissioned a group of twelve national experts to propose an institutional reform that would respond to the needs of the enlargement of the European Union. It follows from the proposal of Franco-German experts that progress in the expansion of the European Union until 2030 is necessary, as well as that the admission of a large number of countries is almost excluded. The proposal is important for Serbia, considering that, along with Montenegro, it has advanced the most in the preaccession negotiation process. At the same time, the proposal is also important because it would facilitate institutional adaptation in the work of the European Parliament, the Commission, and the Council, which would enable the inclusion of new members in the European Union.
Legislation
European Legislation, 2024 23(85):63-76
Abstract ▼
Crimes against human health are on the rise in European legislation. The number of these criminal acts in the European Union is at a very high level, which indicates the fact that there are a large number of perpetrators of these acts, as well as a large number of people who consume narcotic drugs. Criminal offenses against human health include the criminal offenses of producing and placing narcotic drugs on the market, unauthorised possession of narcotic drugs, enabling the enjoyment of narcotic drugs, failure to follow health instructions during the pandemic, transmission of infectious diseases, transmission of HIV infection, negligent provision of medical care assistance, illegal medical experiments and drug testing, failure to provide medical assistance, quackery and quack pharmacy, improper treatment in the preparation and dispensing of medicines, production and placing on the market of harmful products, unconscionable inspection of foodstuffs, and contamination of drinking water and foodstuffs.
Economy, competition, entrepreneurship
European Legislation, 2024 23(85):77-92
Abstract ▼
The adoption of the European Economic Security Strategy came from the knowledge of the European Union that certain economic ties in the current geopolitical environment are developing very quickly and that they are increasingly merging with security risks. Through formulating a new concept of European economic security, the European Union believed it could preserve most of its economic ties with foreign countries but also take more effective measures to eliminate existing security threats. The implementation of the European Economic Security Strategy presupposes the adoption of a series of instruments that would enable the assessment of security risks. So, at the beginning of 2024, the Commission of the European Union issued a Communication presenting five new initiatives for the improvement of the European Economic Security Strategy. With this comprehensive package, the European Union has foreseen measures to mitigate the risks associated with supply chains, technologies, infrastructure, and the economic coercion of third countries. Their implementation should lead to more optimal protection of the European Union from economic threats and risks, as well as a more solid position in modern international economic relations.
Agriculture
European Legislation, 2024 23(85):93-110
Abstract ▼
The paper analyzes the content of Regulation 2021/2115, which refers to the strategic plans of member states within the common agricultural policy of the European Union. At the same time, an overview of the agrarian policy of the Republic of Serbia is given as a prediction of the impact of this Regulation on our legislation. Through the analysis of the text of the Regulation, the author provides more detailed explanations related to the subject and area of its application, as well as its goals. The author specifically analyzes the incentives contained in the Regulation, which refer to different agricultural sectors and rural development. In the part related to the content and procedure of adopting the strategic plan, the author analyzes the provisions of the Regulation governing the coordination and management, monitoring, reporting and evaluation of the strategic plans of the member states of the European Union, as well as the internal evaluation of the strategic plan and the assessment of the success of the Commission. Referring to the general and final provisions of this Regulation, the author concludes that the Regulation in question was adopted together with Regulations 2021/2116 and 2021/2117 in December 2021, and that it entered into force on January 1, 2023, and that it establishes the new legal basis of the Common Agricultural Policy of the European Union. The regulation establishes general and special goals that should be achieved with the help of financial incentives originating from European Union funds, which may have special significance for the Republic of Serbia, which is in the phase of accession negotiations regarding membership in this organization.
Security policy
European Legislation, 2024 23(85):111-124
Abstract ▼
The Organisation for Security and Cooperation in Europe (OSCE), as a pan-European international organisation, has a branched organisational structure. It is headed by the Minister of Foreign Affairs of the country presiding over the OSCE on an annual basis. He represents the OSCE in cooperation with the Secretary General of the organisation. He also presides over summits, the Ministerial Council, the Permanent Council, and other subordinate bodies of the OSCE and performs coordination and consultations for the implementation of the organisation’s activities. In other words, the chairman directs the decision-making of the OSCE. In 2023, there was a precedent since no chairman was elected for 2024. This, together with other factors, such as the war in Ukraine and the Middle East, influenced some authors to predict the end of this organisation. The paper takes a closer look at this problem that the OSCE is currently facing. At the same time, predictions are given about the possible challenges and perspectives that this organisation will face in the future. It also presents a review of its historical transformation from the CSCE to the OSCE. In the end, it is concluded that the current political crisis of the OSCE does not affect its survival as a regional international organisation whose action will certainly continue through the reaffirmation of its original role as a kind of forum for dialogue and consultation.
European Legislation, 2024 23(85):125-134
Abstract ▼
Crime prevention is a complex social activity that requires mutual cooperation between states in order to preserve mutual security. The need for stronger interstate cooperation was also recognised in the European Union, and this resulted in the establishment of the European Crime Prevention Network (ECPN). Although almost fifteen years have passed since the establishment of the Network for the Prevention of Crime, its functioning, goals, and objectives represent valid proof of the importance of interstate cooperation in combating all forms of crime. In the following paper, the Decision of the Council of the European Union from 2009 is presented. In parallel, its goals and content are analysed through the application of appropriate scientific methods. At the end, an overview of the historical development of crime prevention policy is given. In the assessment of the significance of the relevant Decision of the Council for the Republic of Serbia, it is concluded that the creation of a network whose members would be the candidate countries for EU membership would have multiple criminal-political significance and would contribute to a faster and more efficient harmonisation of the law of these countries with the acquis of the European Union.
Regional policy
European Legislation, 2024 23(85):135-150
Abstract ▼
Through the case study of the Alps-Adriatic Alliance, the authors in the subject paper tried to present one of the models of regionalization that affects the well-being and prosperity of the population living in regions that are members of regional cooperation frameworks. In this specific case, it is a model of regional cooperation that was initiated at the level of local authorities and that contributed to social betterment as well as changes in regional economic and political circumstances in the wider European environment. In this sense, the paper apostrophizes the development of relations between the former Yugoslavia, Austria, and Italy, which were strengthened by the act of accession of the then Yugoslav republics to the Alps-Adriatic working community. Starting from the assumption that in modern circumstances this initiative is largely marginalised, the authors tried to reveal the possibilities of its re-affirmation in the context of contributing to the intensification of European integration and the “relaxation” of political relations between the countries created in the post-Yugoslav space.
Energy
European Legislation, 2024 23(85):151-164
Abstract ▼
The Balkan countries have numerous energy resources that represent a significant segment of their social environment. The energy resources of each country in the current global context represent the first-class basis of their international position. The space of the so-called Western Balkans, with the permanent presence and competition of great powers, objectively disposes of small capacities of oil and gas as essential drivers of economic development. In the conditions of the world crisis (economic and political), the countries of the region invest respectable financial resources for the purpose of improving their energy infrastructure. It is important for them to participate in the current projects of the European Union to promote their economic growth. It is also important for them to use proactive measures of their economic policy to attract direct foreign investments that can achieve a higher level of economic development and social prosperity.
Ecology
European Legislation, 2024 23(85):165-187
Abstract ▼
The supply of clean, fresh water is an important resource for the survival of all living things. Survival requires comprehensive and rational resource management and recognition of the interconnectedness of elements related to drinking water. Due to the complexity of the matter, a common position on the right to access to water is much more difficult to achieve than a consensus on political rights. In the legislation of the European Union, this problem is recognised through the provision of guarantees for the realisation of the right to water through the protection of all water resources, which would meet the growing needs of people for water in all their activities while simultaneously protecting the ecosystem. In this sense, the competent authorities of the European Union adopted Directive (EU) 2020/2184 on December 16, 2020, on the quality of water intended for human consumption. The obligation to transpose this Directive into national legislation should be limited to provisions that represent substantial amendments to the current legislation of the Union. The paper discusses the adopted standards related to the purity of water intended for human use through the application of comparative and historical methods and methods of content analysis. The measures that the member states should take to ensure clean and high-quality water are highlighted in particular. At the end of the paper, appropriate conclusions are provided in relation to the international obligations of the Republic of Serbia, which is invited to more responsibly manage water resources and improve the cleanliness and protection of its rivers through the harmonisation of domestic legislation with the legislation of the European Union.
European Legislation, 2024 23(85):188-207
Abstract ▼
Starting from numerous conferences held under the umbrella of the United Nations and conventions dealing with climate change, it is indisputable that there is a tendency towards the development of climate change laws. The regulation of this legal field requires the definition of terms, subjects, principles, and the place of the climate change law in the legal systems of states. In order to define the given terms as comprehensively as possible, a more detailed analysis of the meaning of the set of legal rules that may be included in this branch of the law is required. To this end, in the first place, the paper analyses the term climate change law and then gives a survey of the development of climate change law through consideration and analysis of international treaties intended as a global level response to greenhouse gas concentration reduction. Following this, through the analysis of the development of climate change law in the European Union as well as on the national level, the climate change law is considered not only as an international law but as an internal one as well. In connection with the law of climate change, the issue of environmental responsibility, that is, responsibility for protection from the consequences of climate change, is of great importance. In this regard, the author presented an overview of current judicial practice. At the end of the analysis, an overview of the activities, level of preparedness, and compliance of our country in the field of climate change with the legal acquis of the European Union is presented. The author concludes that regardless of existing shortcomings in state practice, states remain responsible for complying with international obligations and for continuously raising awareness of the necessity of preserving a healthy environment.
Educational policy
European Legislation, 2024 23(85):209-224
Abstract ▼
The countries of the Western Balkans subregion are in the process of transition, and the implementation of projects related to the process of accession to the European Union represents their priority orientation. The concept of European integration implies a radical transformation in all spheres of social life, where highly qualified human resources represent the basic driving force of positive changes. At the same time, human capital and knowledge decisively contribute to revolutionary innovations. Higher education aligned with postmodern tendencies represents an essential foundation of state development with relevant implications for the future of the nation. Traffic and the environment indicate areas with drastically impaired parameters in all competent dimensions of sustainable development. Consequently, the reform of higher education must have the function of improving traffic, ecology, and implementing the strategy of sustainable development.
European Legislation, 2024 23(85):225-237
Abstract ▼
The paper aims to point out the necessity of implementing the concept of the European model of open learning, which can contribute to important changes not only in education but also in economic and cultural life in general. Distance learning gives students the chance to acquire new skills and qualifications and to develop in new directions. Today’s time initiates the application of modern information and communication technologies in all spheres of social life, which is also confirmed in the strategic policies and programmes of the European Union (EU), such as the European Learning Model (ELM). Guided by the idea of the advantages of introducing open learning and distance learning, the authors assume that they can become part of the project of reorganising the educational system in the Republic of Serbia. The results of the introduction of the mentioned model are reflected in the rationalisation of the teaching process, higher-quality contents, and the importance of the role of new knowledge in the improvement of human activities.

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