Архива часописа Европско законодавство

Европско законодавство Vol. 13 No. 45-46/2013


Redakcija časopisa
Европско законодавство, 2013 13(45-46):7-7


Sandra Gajić
Европско законодавство, 2013 13(45-46):9-21
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Since the end of the Cold War, the European Union (EU) seeks to promote democracy in its relations with candidate and neighbouring countries. Democratic conditionality (political criteria) subordinates participation in European Union and the establishment or pursuit of cooperation to democratic conditions (the protection of human rights, rule of law…). It is a relatively recent principle in European law and after the break-up of Yugoslavia, this new foreign policy has become all the more essential. Under this policy, the negotiations with Serbia became serious after the fall of the Milosevic regime in 2000. On 29 April 2008, the EU and Serbia signed a Stabilisation and Association Agreement and Serbia is undertaking political reforms (regional cooperation, normalisation of relations between Kosovo and Serbia…) supported by the European Union. Despite the fact that EU democratic conditionality has been acknowledged as one of the most powerful foreign policy tools, there is a rapidly growing concern over utilisation of conditionality. There is no precise definition of the political criteria, it is simultaneously a political and legal concept. This flexibility allows a differential application towards the candidate and third countries. Therefore, this concept can be exploited by EU member States who can give priority to their economic and geostrategic interests.
Marija Urošević
Европско законодавство, 2013 13(45-46):22-38
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In order to prepare for new challenges and obligations in the process of accession to the EU, to fulfil the Copenhagen criteria for membership and to prepare for the accession negotiations, each country has to harmonize its national law with the EU acquis. By signing the Stabilisation and Association Agreement on 29 April 2008, the Republic of Serbia started a new phase in relations with the EU, and for the first time based on contractual obligations. With the intention to accelerate the integration process and show commitment to the process as well as to strengthen the position before envisaged submission of the application for the accession to the EU, the Republic of Serbia started the harmonization of domestic legislation with EU law. Although without a legal obligation, given that the SAA had not yet been signed, an Annual Harmonization Action Plan was adopted in 2004. For the first time, by signing the SAA, Serbia committed to gradual harmonization of domestic legislation with EU law. The EU monitors the process of approximation of legislation and implementation of the laws. The next step towards EU membership is opening accession negotiations that will lead to further harmonization of domestic legislation with EU law.
Žarko Radić
Европско законодавство, 2013 13(45-46):39-55
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Prohibition of extradition of perpetrators of political offences is a rule (principle) of the modern law on extradition, whether its origins are found in the international law or in a national legislation. However, the whole history of extradition is marked by a legal and political treatment of political offenders within international relations: by a multi-century old extradition practice of predominantly political offenders, or by establishing rules against their extradition. However, the range of criminal offenses which are considered political crimes narrows down primarily by the international conventions. Finally, Art. 3, 4 and 4a of Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA, 2009/299/JHA) do not envisage a political offense as mandatory or optional reason for refusal to execute a European arrest warrant. By applying a dogmatic, juridical-comparative, juridical-historical and social method, the author researches the causes and importance of changes in the development of the political criminal act as an obstacle for extradition. At the end, the author concludes that the ban on extraditing the perpetrators of political criminal acts, contributes to the protection of people from criminal prosecution, which is related to political criminal acts and has political purposes. The author also remarks that it would not be a mistake to conclude that EU member states promote the hand over of political offenders in their mutual relations.
Žaklina Spalević, Željko Bjelajac, Lejla Bratić
Европско законодавство, 2013 13(45-46):56-72
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In the criminal law of the European countries, except in France, there is no specific incrimination of mobbing. However, this does not mean that the behavior defined by mobbing indicators is necessarily allowed. If actions made by mobber are contained in some of the descriptions of existing criminal offenses, they will be prohibited. Furthermore, from this it can be concluded that the criminal provisions of the European legislation provides the possibility of criminal sanctions for some of the indicators of mobbing. Given the case law of France and other European countries, the fact is that the Criminal Law ultimate means by which to be used for the suppression of harassment at work. The purpose of instituting and conducting criminal proceedings lies in achieving its primary goal, which is to determine whether the committed offense is a criminal offense, who is the perpetrator, whether he is guilty, and if guilty, whether the conditions are met for the imposition of criminal sanctions. Prosecuting authorities collect the necessary sources of information on criminal work, perpetrator, but also on other facts and circumstances that are or may be relevant to a legal decision of a particular criminal offense. However, when it comes to discovering and collecting data on criminal offenses with elements of mobbing and the perpetrators, such research is further complicated by the fact that these are acts committed in private. Consequently, victims of mobbing are proposed to conduct a diary of events, to make technical record of private conversation with the perpetrator, and to develop and maintain a written correspondence from mobber. These suggestions from the perspective of criminal law theory and practice raise many questions and debates in the field of evidence law. Particularly controversial is whether the mentioned funds can be used in criminal proceedings.
Dragan Jovašević
Европско законодавство, 2013 13(45-46):73-88
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Based on the adopted international standards which are a part of numerous documents of universal and regional international organisations (Council of Europe, European Union) by adopting new criminal legislation in 2005 and its updating in 2009 and 2011, respectively, Serbia has prescribed family violence as a separate criminal act. Providing criminal responsibility and punishability for the most severe forms of violence among relatives Serbia approached in this way numerous other legal and social systems. The paper analyses the international standards of the European regional organisations and their implementation in the criminal legislation of Serbia from the theoretical and practical aspects.
Ivona Lađevac, Ana Jović-Lazić
Европско законодавство, 2013 13(45-46):89-98
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In this paper author gives an analysys of the European Union acquis communautaire which regulates the consular law as well the consular law regulations in the Republic of Serbia. Due to a foreign policy priority of fully membership in the EU, particular attention is given to harmonization of the Serbian legislative and adjusting the practice in conducting consular matters to those in the European Union.
Anđela Đukanović
Европско законодавство, 2013 13(45-46):99-107
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During the last decade, the issue of Asylum within the EU had great importance, and in this sense can be identified evident effort to establish a uniform asylum system for all Member States. There has been some progress in achieving this goal, through the adoption of several legislative documents, in particular Council Directive 2003/9/EC, Council Directive 2004/83/EC, Council Directive 2005/85/EC and Council Regulation EC No. 343/2003 (Dublin II Regulation). It can be argued that the European asylum system primarily focuses on limiting secondary movements of asylum seekers and efficiency in solving claims for asylum, rather than the protection of human rights. Also, the issue of asylum was in the recent period of particular importance for the Republic of Serbia, in the context of the increased number of fake asylum seekers in the EU who originate from the Republic of Serbia.


Srđan Korać
Европско законодавство, 2013 13(45-46):108-121
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The paper discusses the plausible positive effects of the European Ombudsmanʼs control in preventing maladministration in supranational institutions, particularly in the European Commission and its administration. Since the effectiveness of any public administration heavily depends on the personal ethical performance of civil servants, enhancing the integrity through promotion of the principles of good administration has been a policy priority with an aim to decrease the longlasting democratic deficit at the supranational level of public governance. The author examines how the European Ombudsman deals with lodged complaints and how he investigates the alleged cases of maladministration, i.e. when an institution fails to respect fundamental rights, legal rules or principles, or the principles of good administration. The author also focuses on the plausible benefits that may stem from the preventive role of the European Ombudsman within the forum of the European Network of Ombudsmen, which is being established to share best practice and enable better understanding of the impact of the EU regulations and policies on the daily life of EU citizens.
Ivana Dragić
Европско законодавство, 2013 13(45-46):122-143
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The main objective of this article is to analyze the Court of Justice of The European Union, as one of the fundamental institutions of the EU. In the 1950s, with the emergence of the European Communities, there was a need for a body which shall ensure the consistent application of the Treaties and thus contribute to the dynamics of the European integration process. In this regard, it is useful to show the evolution of the Court, which was neither linear nor uniform. The Court shared the fate of European integrations and suffered changes, not only superficial ones, in terms of its official name, but also essential changes regarding composition, organization and competence. Although the Court originally had little authority that corresponded to the authentic role of the judicial authorities, it showed great courage in its work. The Court, actually, observed the institutional weaknesses, which were the inhibiting factor for the integration project. Recognizing them, the Court assumed the so-called Promethean role, in derogation of the established limits of its own competence. This is the reason why legal scholars and government officials criticized political activism of the Court, and appealed for action regarding illegal court decisions. This article pays special attention to the Court’s jurisprudence, which has produced a series of groundbreaking decisions regarding the nature and application of Community law and its relation to the rights of member states. The author, providing insight into antagonized theoretical opinions, justifies the nonconservative practise of the Court, which gave a futher impulse to the cohesion of the member states of the European Community / Union.
Sanja Jelisavac Trošić
Европско законодавство, 2013 13(45-46):144-152
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National courts and authorities of the contracting states of the European Patent Convention are competent to decide on the infringement and validity of European patents, but in practice, this gives rise to difficulties when a patent proprietor wishes to enforce a European patent, or when a third party seeks the revocation of a European patent in several countries. First of all, high costs, risk of diverging decisions and lack of legal certainty. In order to improve the enforcement of patents and to enhance legal certainty EU will be setting up a Unified Patent Court. The Unified Patent Court is a single patent court covering 25 countries, and is comprised from Court of First Instance, a Court of Appeal and a Registry. This Court will be for litigation relating to the infringement and validity of patents. Unified Patent Court will be a court common to the Contracting Member States and thus part of their judicial system. The Court is with exclusive competence in respect of European patents with unitary effect and European patents granted under the provisions of the European Patent Convention. Patent proprietors from Member States of the European Union participating in the enhanced cooperation can request unitary effect of their European patents so as to obtain unitary patent protection in the all Contracting parties of the Agreement. Member States which have decided not to participate in the enhanced cooperation in the area of the creation of unitary patent protection may participate in the Agreement on а Unified Patent Court in respect of European patents granted for their respective territory. Agreement is open to accession by any Member State of the European Union. Agreement on а Unified Patent Court should enter into force on 1 January 2014 or on the first day of the fourth month after the 13th deposit, provided that the Contracting Member States that will have deposited their instruments of ratification or accession include the three States in which the highest number of European patents was in force in the year preceding the year in which the signature of the Agreement takes place, or on the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No 1215/2012 (1) concerning its relationship with this Agreement, whichever is the latest.

Економија, конкуренција, предузетништво

Slobodan Nešković, Vuk Raičević, Rade Glomazić
Европско законодавство, 2013 13(45-46):153-167
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Today’s time is characterized by, among other things, the domination of the most developed countries in the sphere of economic espionage, which in the business world represents technological and developmental supremacy over competition. What represents supremacy today is information which has become the fourth obligatory factor of production, beside capital, work power and technology. The very information is the most important for acquiring advantages over competition and this is why the biggest world companies use an increasing amount of their capacities for the purpose of carefully protecting industrial, production and financial information which will enable them to gain advantage over competition and position better on the domestic and global market. Protection of confidential information from espionage or theft is critically important for the organizations that want to maintain their competitiveness and supremacy on the market. It is considered that over 70% of the value of a typical small or medium business is in its intellectual resources – knowledge, technology, employees or know-how. But how many employees actually knows and understands what trade secret is? The article before you strives to identify the main characteristics of legal framework and business practices in the protection of trade secrets. We specifically gave an overview of European legislation and the perceived shortcomings in the existing laws and practice. The article focuses on some of the controversies of European legislation in this field, especially its emphasis on civil law, and outlines the importance of the protection of trade secrets through criminal law. This law would empower European companies in their struggle against business espionage which endangers their development and by extension, their competitiveness.
Iris Bjelica Vlajić
Европско законодавство, 2013 13(45-46):168-176
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One of the goals of the Lisbon Treaty was to improve the competitiveness of the European economy. In order to achieve this, the idea of signing a new, comprehensive trade agreement with the United States emerged because such an agreement would allow the new structure and the existing alignment not too coordinated initiatives with a goal to form Trans-Atlantic market till 2015 and lay the foundation for joint political action. It is planned that this agreement extends current economic partnership to the fields of politics and security. It is proposed to adopt a common position in relations with China, India, Japan, Russia and Latin America, by which both partners would overcome the current differences in the analysis of and access to the global system. Although in some topics they have different opinions, and Europe and the United States have a duty to consider and advocate for the preservation of international security, poverty reduction, arms control, health and protection of human rights and freedoms. In addition, NATO and the Trans - Atlantic partnership both partners see as an important part of collective security, the joint actions in the Middle East and the Mediterranean. Geopolitical stability is to be achieved through economic cooperation.
Monika Lalić
Европско законодавство, 2013 13(45-46):177-186
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Promotion of electricity generation out of renewable energy sources started more intensively in the Republic of Serbia and after that adoption of new laws related to that field commenced. Having in mind the significance of the issue related to renewable energy sources, it is necessary that everyone who deals with this topic at its work, should be acquainted with the meaning and significance of renewable energy sources in a broader sense, i.e. to understand what is exactly and what was defined by the above mentioned legislation. Alternative energy sources are energy sources that are not gained by burning fossil fuels (energy sources that originated from earth crust by decomposition of organic material such as petrol, coal and natural gas) so that alternative energy does not have to be renewable energy source at the same time: for example nuclear energy, combined power plants and hydrogen, whilst energy from renewable energy sources such as wind, solar energy, geothermal and hydro energy, energy of tides and waves, as well as bio fuels leads to more efficient use of own potentials in generation of electricity, reduction of green house gases emissions, reduction of fossil fuels import, development of local industry and creation of new workplaces.
Dobrica Vesić, Pero Petrović
Европско законодавство, 2013 13(45-46):187-186
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Public oversight of doing business is an important element to ensure confidence in the audit function. With the development of capital markets in the EU, particularly its rapid expansion, the European Commission and the European group formed for supervising audits. Quality control of audit has to reduce the risk of unreliable audits which provides better and more objective financial reporting and increases stakeholders’ certainty in the capital market. Audit quality control is achieved at two levels as internal and external control. An audit of financial statements is to enable verification of information in the financial statements, eliminate doubt its accuracy, prevent the deterioration of the financial reporting system and increase confidence in the addressee’s financial statements. The contribution provides a review of the financial reporting can only be expected if the quality audit conducted. Therefore, the provision of high quality audits of interest to professional organizations and the imperative of accounting and auditing profession. It is concluded that auditors provide quality service to their stakeholders if they submit a report that is independent, reliable and based on appropriate audit evidence. This paper explains the mechanisms of internal and external quality audits in order to increase the confidence of users of financial information, and, in particular, point out the regulatory framework for the provision of audit quality control in the European Union to adopt and Serbia, in the further process of integration.


Mile Vranješ
Европско законодавство, 2013 13(45-46):197-210
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In this article, through detailed analysis, it is presented the question of environmentally related taxes and duties in the European Union and Republic of Serbia. Special attention is devoted to the notion of environmentally related taxes and duties, its legal ground, use of environmentally related taxes and duties in practice, limitations in the process of introducing and implementation of environmentally taxes and duties. It is briefly pointed out the fiscal importance of environmentally related taxes and duties and some international experiences in financing environmental protection.
Duško Dimitrijević, Brano Miljuš
Европско законодавство, 2013 13(45-46):211-216
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With the liberalization of capital movements and capital services, in the European Union is a growing need for harmonization of rules on the prohibition of privileged access of the public sector to joint financial market. EC Treaty stipulates that the public sector in the member states have the obligation to abide by the established market standards in cross-border financial transactions. This leads to the strengthening of budgetary discipline, which contributes to member states have equal status in terms of free access to the financial market. Because the privileged access of the public sector to financial markets contrary to the principle of competition, the EU Council adopted the Directive 3604/93, which is closer to defining the execution of prescribed duties.


Dragoljub Todić, Duško Dimitrijević
Европско законодавство, 2013 13(45-46):227-238
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The paper analyzes provisions of the Treaty between the Member States of the European Union (EU) and the Republic of Croatia (Croatia) on Croatia’s accession to the EU which are related to the environment. Special attention was paid to the fact that the Treaty of Accession for a number of secondary EU legislation set transitional periods, i.e. dumping duties of the new Member States to ensure full implementation of the EU legislation on the day of admission to this organization. Bearing that in mind, the second part analyzes the level of harmonisation of the laws in the environmental field with the acquis, for the group of laws that were adopted by the Croatian Parliament in the last stage of the Croatian accession to the EU. The paper compares the content of the norms of the Treaty which lays down transitional periods and reasoning content of the laws passed by the Croatian Parliament. The following question is considered: whether the fact that the Treaty of Accession provided transitional periods for the 8 directives and 2 regulations means that at the time of accession of the Republic of Croatia in the EU (1 July 2013), there was provided level of full compliance of all the other regulations of Croatia in the field of environment, as well as the method of their application. The results show that by the date of Croatia’s accession to the EU there was not provided a full transfer of part of the secondary character regulations in the national legal system and that this fact has not been stated in the Treaty of Association.
Ana Batričević
Европско законодавство, 2013 13(45-46):239-263
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Conservation and improvement of wild birds population is of extreme importance for the survival of entire ecosystems, but for sustainable development of agriculture hunting, tourism and other economic branches. Birds are among the first animal species to be protected under international legal provisions and on the EU level, this protection was provided in 1979 through the adoption of Directive 2009/147/EC on the Conservation of Wild Birds, which is still in force after several alterations and amendments. Although the implementation of the Directive has had some positive effects and in spite of the fact that the EU member states are signatories of several international documents relevant to the protection of birds, the condition of population of some wild bird species in Europe is still disturbing. Birds are often objects of various criminal activities such as: illegal hunting (poaching), illegal import or export, smuggling and illegal trade, consequences of which include radical decrease in their number as well as the violation of complete ecological balance. Besides, destruction and deterioration of their natiral habitats, primarily due to irrational, unplanned and unsustainable exploitation of natural resources, rapid and uncontrolled urbanization and spreading of traffic networks, keep contributing to the worsening of conditions in this field. Having in mind the attempts of the Republic of Serbia to harmonize its legislation in the aria of environment protection with the standards of the Community Law, the author analyzes the provisions of Directive 2009/147/EC on the Conservation of Wild Birds, points out positive effects of its application and gives concrete suggestions for the improvement of legal protection of birds in general, through prevention and sanctioning of particular illegal activities, with review of current state in the Republic of Serbia.
Dragoljub Todić
Европско законодавство, 2013 13(45-46):264-274
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Firstly, the author highlights the importance of the biodiversity conservation (and of wild fauna and flora) in the context of the assessment of the causes and vulnerabilities of biodiversity on the earth. In addition, it is emphasized the inseparability of the conditions of life on earth from providing the appropriate measures for the conservation and sustainable management of wild flora and fauna. The general framework of European Union (EU) policy in this area is further pointed out, based on consideration of the provisions of relevant policy documents of the organization. In a separate part of the paper an overview is given of international global and regional treaties where the EU has a status of the member (Convention on the Conservation of Migratory Species of Wild Animals, Convention on the Conservation of European Wildlife and Natural Habitats, Convention on Biological Diversity, United Nations Convention to Combat Desertification, Convention on International Trade in Endangered species of Wild Fauna and Flora, etc). The second section presents the most important secondary EU legislation related to the conservation of wild fauna and flora (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, Directive 2009/147/EC on the conservation of wild birds, Council Regulation No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and Council Directive 1999/22/EC relating to the keeping of wild animals in zoos). Then the paper points out the importance of using appropriate measures to protect biodiversity in the Republic of Serbia, and provides estimates of the level of compliance of national legislation with EU regulations.

Наука и технологија

Sanja Sremčev
Европско законодавство, 2013 13(45-46):275-283
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The aim of this paper is to describe legal and ethical issues of scientific research that scientific community in the European systems is increasingly engaged in recent years. In the comparative literature there are terms “scientific fraud,” “scientific misconduct” which present violation of ethical standards in the professional scientific research. The escalation of interest for this topic is a consequence of limited legislation and general moral decrease, as well as scientific ethics. In this study, the author has used comparative and normative method, analysis, synthesis and generalization, as well as statistical method. The results obtained show that scientific community and media put this problem mostly on the level of the individuals. However, there are other views that highlight a number of factors of scientific frauds, such as lack of institutional control, the requirements for publication of papers in journals with high impact factor and constant pressure to publish in short periods of time of which depends on the progress and careers of scientists, in addition to the fact that usually the control procedure examines argumentation results, but not the methodology. Work in large groups and multidisciplinary approach to research makes the control of research also more difficult. Moreover, there are expectations of public and society to achieve certain results, along with financial limits. The tendency in European legal systems to this matter is to include autonomous legislation – codes of ethics. Additionally, this problem is increasingly debated in scientific work, because it leads to the formation of non-scientific culture which rewards speed and skillfulness, but not high-quality results.


Ana Jovašević
Европско законодавство, 2013 13(45-46):284-301
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In the year 2010, National parliament of Republic of Serbia has ratified two importance conventions: UNESCO Convention for the safeguarding of the intangible cultural heritage from 2003 and Convention of Council of Europe of the value of cultural heritage for society from 2005. In these conventions have defined notion, contents, characteristics and role of intangible cultural heritage for people civilization and its way, proceeding and conditions of preserve and system of protection. In this way our state organs are obliging to bring new laws for establish of international standards in cultural field to law and social system of Republic of Serbia. In this paper the author has analysed these international conventions, its solutions and system of international and national law protection tо cultural heritage and Serbia’s Code of culture from 2009 and harmonization these solutions with international conventions and its standards.

Спољни односи

Dragan Đukanović
Европско законодавство, 2013 13(45-46):302-312
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In this article author analyze the new initiative for multilateral cooperation in the region of Western Balkans called Western Balkans Six (G 6). This form of cooperation will include Bosnia and Herzegovina, Macedonia, Montenegro, Albania, Serbia and Kosovo. The main aims of this form of cooperation are strengthening of the regional cooperation, stability, economic development and using of all potential of current regional initiatives – the Regional Cooperation Council and the South Eastern European Cooperation Process. Establishing of the Parliamentary Assembly of the Western Balkans and Regional centre for the fight against corruption and organized crime will be new forms of cooperation in the region of the Western Balkans. The author concludes that the region of Western Balkans is ready for new forms of cooperation similar to the Nordic, Benelux and Baltic intergovernmental forums of cooperation.
Milovan Radaković
Европско законодавство, 2013 13(45-46):313-326
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There are two important documents that are guaranteed to Cyprus in the international community can act as a common state with two entities-the Greeks and Turks. The first was the Constitution of Cyprus in 1960, which failed due to vojih intervention on the island. The second document, Kofi Annan Plan for Cyprus in 2002, which was placed before the negotiations Nicosia and Brussels on the entry of Cyprus to the EU, Turkey has caused its own entry into the EU. Athens’ plan is offered only considered a good basis for further negotiations. This attitude Ankara and Athens, the plan was rejected, which resulted in further division of Cyprus and entering only the Greek part of the island into the EU.

Регионална сарадња

Valentina Ivanić
Европско законодавство, 2013 13(45-46):327-347
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The DKMT Euroregion is one of the most successful Euroregions in which local self-governments and cities of the Republic of Serbia appear as members in terms of the degree of institutional development, the development of organizational capacity and consequently the absorption capacity. In addition to the quantitative effects (financial resources that by applying for EU funds, have been received within the DKMT Euroregion or realized within its members and therefore within the AP Vojvodina), the effects of cross-border cooperation are significantly qualitative as well. In this paper, cross-border cooperation is taken as a method of transposing culture patterns from EU member states to the Republic of Serbia and the AP Vojvodina in order to analyze directions, effects and dynamics of changes in culture patterns in the context of their impact on the creation of conditions for the endogenous development of APV. If the receptivity of members of the Euroregion DKMT to EU funds is understood as the result of successful crossborder cooperation, the introduction of qualitative factors of successful cooperation in the analysis should be understood in the context of the need to create preconditions for the endogenous development of all members of the DKMT Euroregion, as well as a way for DKMT to function on the market-driven rather than donor -driven principle in perspective. The transposition of masculine cultural values inherent to the culture of Hungary into the other two members of the DKMT Euroregion should be understood in the direction of strengthening their receptivity to attract investments in the sector of non-tradable goods and thus in the context of improving their competitiveness. A higher level of receptivity to foreign direct investment and consequently a higher rate of GDP growth will result in higher values of individualism in Romania and the AP Vojvodina, thus affecting raising the level of professional mobility within the DKMT Euroregion and entrepreneurial inclination.

Људска права

Vesna Čorić-Erić
Европско законодавство, 2013 13(45-46):348-374
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This article provides a discussion and analysis on the scope, content, legal significance and prospects of the doctrine of equivalent protection. More particularly, the article first offers brief background on the issue, identifying three main stages of its development, based on the relevant case-law of the ECHR. It is argued that the scope of the doctrine gradually got extended and clarified, despite the fact that a recently created Bosphorus presumption on the doctrine of equivalent protection is hardly rebuttable. Finally, this article discusses the prospects of the doctrine in light of the accession of the EU to the ECHR, as well as in case of failure to reach accession agreement.

Судска пракса

Ana Čović
Европско законодавство, 2013 13(45-46):375-380
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Procedures before the European Court of Human Rights which concerning the protection of children’s rights, are many. In particular, in public attention were those in which decisions were made on the right of homosexuals to adopt children and the best interests of the children in these situations. They are particularly delicate, given the specificity of family relationships and interdependence of family norms of history, culture and traditions of the state. The question in these proceedings also is the right to medically assisted procreation of lesbian couples. The paper analyzes the judgment of the European Court of Human Rights in the case of Gas and Dubois v. France from March 2012, in the light of the recent changes of French legislation in this area. In May this year, entered into force the Law no. 404, which allows same-sex couples to get married and adopt children in France.