Архива часописа Европско законодавство


Европско законодавство Vol. 16 No. 58/2016

Садржај

Предговор
Redakcija časopisa
Европско законодавство, 2016 16(58):7-8

Општа питања

АНАЛИЗА ИЗВЕШТАЈА ЕВРОПСКЕ КОМИСИЈЕ ЗА СРБИЈУ ОД 2011. ДО 2015. ГОДИНЕ
Milica Krivokapić, Mitko Arnaudov
Европско законодавство, 2016 16(58):9-36
Сажетак ▼
This paper analyzes the reports of the European Commission about the Republic of Serbia in the process of its accession to the European Union. Taking into account the numerous challenges facing Serbia on the domestic and regional level, the main objective of this work is precise presenting of existing and potential barriers on its European path. The authors of this paper primarily put emphasis on the internal problems in the Republic of Serbia. In detail are described the advantages and failures of the political, social, economic, and social system of Serbia. Analyzing reports in the period from 2011 to 2015, the authors explain the challenges facing the Republic of Serbia at the domestic level. Despite the numerous problems in the region of Western Balkans, unstable relations with the immediate neighborhood, ethnic and national issues, post-conflict stabilization and the Kosovo issue, the political elite in Belgrade are facing a number of issues within state structures. Reports, clearly note down clearly existing problems in the functioning of state and public systems of Serbia, which adjustment according the systems within the Member States of the European Union represents, probably a key challenge on the European path. An additional problem is observed in the fact that similar or identical problems are evidenced from year to year. The Republic of Serbia in the process of reforming their state administration, based on the analysis of reports, has done very little over a period of five years. On that basis, the conclusion of this study clearly indicates that regional issues which are facing the Republic of Serbia and challenges in the European Union are not the only, nor the crucial challenges on its European path. The significance of the problems and outstanding issues at the domestic level will crucially effect on Serbia in accelerating its process of joining the European Union.

Законодавство

МОБИНГ – ПОЈАВНИ ОБЛИЦИ И МЕРЕ ЗАШТИТЕ
Dragan Čović, Ana Čović
Европско законодавство, 2016 16(58):37-50
Сажетак ▼
This paper is about the causes of mobbing, the conditions in which mobbing occurs, the consequences of mobbing on the bodily and mental health of employees, how to prevent mobbing, national mechanisms for the protection and the response to this ubiquitous phenomenon. It examines the existing legislation of the Republic of Serbia in this field with emphasis on jurisprudence and possible improvement of existing legislation. Whether the recognition of mobbing as a phenomenon that requires legal regulation and raising awareness of the population is enough for its elimination from everyday life or it is just the first step in a complex process to protect workers and their rights.
ПРАВО АЗИЛА И ЕВРОПСКИ СИСТЕМ ПРАВА НА АЗИЛ
Žaklina Spalević, Milan Palević, Vladimir Petrović
Европско законодавство, 2016 16(58):51-65
Сажетак ▼
Asylum is a form of legal and factual protection afforded by the country on its territory, a person who is not able to obtain the protection of the country whose nationality they have, or in which he resides, particularly because of the fear that it might be persecuted for reasons of race, religion, nationality or membership of a particular social or political group. Asylum seekers are persons who need to provide (but not necessarily) international protection, and provide the ability to access the territory of another country that can provide them with adequate protection. Although we can not speak about the right to asylum, the right to seek asylum provided by numerous international documents, as both universal and regional. Due to the escalation of the Middle-East crisis as a result of inconsistent, unprincipled and uncoordinated policies and hasty military action, western allies in the region, and the region of North Africa, in the last ten years, especially since 2014, population migration are increasingly directed (controlled-not controlled) to the territories of the Member States of the EU. The paper, with the lighting of universal elementary documents related to the issue of asylum, considered “European” normative response to the current challenge of uncontrolled migration, which, according to many, is unprecedented since the end of World War II. In addition to the general laws and the particular scope, subject to the analysis work and recommendations and declarations of the major international organizations that deal with the issue of asylum seekers, especially the UNHCR, the European Union and the Council of Europe.
ЗНАЧАЈ ПРИНЦИПА И НАЧЕЛА У ЗАДРУГАРСТВУ
Đorđe Pavlović
Европско законодавство, 2016 16(58):66-76
Сажетак ▼
Cooperatives for almost two centuries contribute to the development of agricultural production in the world. Of a great change in the modern economy did not miss cooperatives or cooperative as the institutional form that contributes to the improvement of primary agricultural production. The cooperative is the basic organizational form. In another aspect, and legal forms of organization of cooperatives were subjected to constant review, the redefinition and reaffirmation but not only in the cooperative law, but also in cooperative practices, particularly in the context of international organization. Evolutionary processes are taking place not only in the economic but also the legal theory. In the process of European integration, it is necessary that even in Serbia pay special attention to the analysis, review, and reorganization of the key elements in the legal and economic situation of the cooperative. This applies to its internal structure (organization) and the principles of its work and operations. Particular attention should be paid to the cooperative principles and rules by which the cooperative keeps its specificity in relation to other economic, non-economic subjects and adjusts to the new economic and social changes. Cooperative principles show adaptability to changes that are exposed to the cooperative. They also provided some new cooperative principles, such as: open membership, democratic member control, and others.

Економија, конкуренција, предузетништво

СТАТИСТИЧКЕ МЕТОДЕ РЕГИОНАЛИЗАЦИЈЕ И ПРАВНИ ОКВИР ПРЕКОГРАНИЧНЕ ЕКОНОМСКЕ САРАДЊЕ У ЕВРОПИ
Slobodan Nešković
Европско законодавство, 2016 16(58):76-92
Сажетак ▼
The main characteristics of regionalisation as process differ from country to country, mainly with differences in political, social, economical, cultural, historical differentness. Region is geographical area with political and social characteristics, while regionalisation consists of vast crosstate political activities. Activities in regionalisation process are funded from Structural and Cohesion fund. Political integration in EU is organized with subsidiary and proportionality principle. The European Union in 1997 through its Statistical Office (EUROSTAT) agreed on the introduction of NUTS territorial system in order to provide a statistical framework system. Euro regions are cross-border structures for cooperation between local and regional governments to promote common interests and improving the living standards of Inhabitants.
АНАЛИЗА СТАВОВА СТУДЕНАТА О СТЕПЕНУ ЗАШТИТЕ ПРАВА ПОТРОШАЧА У СРБИЈИ У ОДНОСУ НА ЕВРОПСКУ УНИЈУ
Maja Ćirić, Jovana Gardašević
Европско законодавство, 2016 16(58):93-110
Сажетак ▼
In today’s time, consumers cannot be perceived as passive participants on the market to whom companies can sell products and services without taking into consideration their needs, desires and rights. The recession present at the global level is only adding to the pressure of consumers and their organizations demanding respect of rights of consumers. Serbia has harmonized the Law on Consumer Protection with EU directives on consumer rights. However, the subject of this study is to acquire knowledge about the degree to which Serbia has managed to implement this law in practice and reached the level of consumer protection in the European Union. By analyzing the existing relevant research papers, laws and other legal regulations and by conducting the empirical research through application of the survey method as well, we tried to answer the question about the current state in Serbia in comparison to the European Union in terms of consumer protection and what the attitude of students from institutions of higher education in Serbia, who are studying law and economics and are taken as an example of educated consumers, is towards this matter. The aim of this research is to reach the conclusion on how educated consumers see and evaluate the effectiveness of the implementation of the Law on Consumers protection in Serbia in comparison to the European Union, as well as on which factors influence the formulation of their attitude. The obtained results answer the question of how close we managed to come to the European Union in terms of the degree of consumer protection in real life and point to guidelines and suggestions for improving the situation in this area as well.

Екологија

ПАРИСКИ СПОРАЗУМ О КЛИМИ У СИСТЕМУ МЕЂУНАРОДНИХ УГОВОРА ОД ЗНАЧАЈА ЗА ЕУ ИНТЕГРАЦИЈЕ РЕПУБЛИКЕ СРБИЈЕ
Dragoljub Todić
Европско законодавство, 2016 16(58):111-129
Сажетак ▼
The paper emphasizes the importance of the Paris Agreement on climate change (2015) and the context of the various issues that have accompanied its preparatory activities, adoption and entry into force. The paper provides an overview of the key obligations prescribed by the Agreement. It further examines the elements of the wider system of international environmental treaties relevant to climate change. The author’s initial position is that for the interpretation of the nature and scope of the Paris Agreement on climate change depends on the whole system of international treaties that are (or may be) relevant to certain questions in the field. Criteria of relevance for the other international agreements in the field of climate change can be diversely defined. The question of the relevance of the Paris Agreement for the Republic of Serbia (RS) is discussed through analyzing the basic elements of national policies and regulations in this area of importance for the process of EU integration. In terms of the membership of the RS in international treaties it should be noted that the RS has not ratified the Paris Agreement. However, as far as the membership of the RS in international treaties of importance to climate change is concerned, RS has a relatively uniform membership (compared to countries in the region). This includes also the core international treaties on climate change. Certain progress has been achieved in terms of the harmonization of national legislation with EU regulations, but the most significant activities are yet to come.
УТИЦАЈ ДЕМОГРАФСКИХ И КЛИМАТСКИХ ПРОМЕНА НА ДРЖАВУ И МЕЂУНАРОДНЕ ОДНОСЕ
Hatidža Beriša, Mile Rakić
Европско законодавство, 2016 16(58):130-151
Сажетак ▼
It is difficult to foresee consequences of climate changes, but it is reasonably enough known that it is possible to understand their risks and how to mitigate them. In contrast to the climate changes, demographic changes are much easier to get elaborated, but it is also difficult to put them under control, in particular the case of demographic expansion and its own risks that they bring with them in particular regions. The changes in demographic structure and global climate changes are not limited to the borders of one state. The climate changes have become a very serious global problem with potential consequences of such a great intensity that they might get beyond the capability of one state to adopt to them. The objective of this paper is to underline a rising role of the demographic and climate factors to a capacity of one state and international relations alike. In this paper authors made an analysis of demographic factors and main causes of global climate changes and consequences that might emerge at the beginning of 21st century, as well as their impact on global and national security of the states and international relations in general. In the paper there is also analysed a mutual influence of demographic factors, levels of resource exploitations and global climate changes.
ПОЛИТИКА ЕВРОПСКЕ УНИЈЕ У ОБЛАСТИ ЗАШТИТЕ ОД ПОПЛАВА
Aleksandar Jazić
Европско законодавство, 2016 16(58):152-163
Сажетак ▼
Natural disasters are becoming more frequent and dangerous phenomenon. The main cause of this condition is globalization and very fast industrialization and technological development related to it. The main result of these circumstances is climate changes, which cause transformation of eco-system on the planet. The climate changes could be clearly noticed through a more often phenomenon of floods. Today, floods are a natural disaster that often causes very wide conditions. The consequences of floods are extremely harmful and cause endangering of human lives, material goods and the environment. Elimination of flood side effects is a long and costly process. The main goal in this process is restoring affected areas to previous conditions. Emergency situations arise when natural disasters reach a certain volume. It often happens that the emergency situation in one country spread to neighboring countries. Then an emergency situation gets a regional character. That is why the competent institutions of the European Union realize the danger of floods, or the occurrence of emergency situations, very seriously. In order to prevent flooding and reducing its consequences, the European Union is developing its own policies in this area. In the first place is the analysis of the problem of flooding in the territory of the European Union in order to adopt an efficient approach. This is a prerequisite in protection policymaking from the occurrence of floods. The longterm approach requires the development of capacities for flood management in order to limit the occurrence and negative consequences of floods, and the competent institutions of the European Union are making great efforts in this direction.
КОНТРОЛА СПОЉНИХ ГРАНИЦА И ПРИСТУПАЊЕ СРБИЈЕ ЕВРОПСКОЈ УНИЈИ
Duško Dimitrijević, Dobrica Vesić
Европско законодавство, 2016 16(58):164-178
Сажетак ▼
The process of Serbia\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s accession to the European Union implies the harmonization of domestic legislation with the EU acquis in the field of external border, immigration and asylum rights. Control of external borders is related to negotiation Chapter 24 concerning justice, freedom and security. On 18 July 2016, Serbia opened the mentioned Chapter in the accession negotiations with the European Union. In the forthcoming period, Serbia as a candidate for accession to the European Union will have to ensure the efficient management of its borders through the establishment of cooperation at the level of border services, cross-border and international cooperation, in order to achieve an appropriate balance between openness and security of its borders. In addition, Serbia will have to ensure efficient local border traffic at its external land borders in line with the EU acquis. Also, with existing national strategies relating to the areas referred to in Chapter 24, Serbia will have to adopt a new strategy and action plan on integrated management of state border (IBM) that is applied in the European Union, and which in itself implies a significant improvement of the human, technical and information capacities which is required by the Schengen regime and its second-generation of information system (SIS II).
ЦИЉНЕ САНКЦИЈЕ У МЕЂУНАРОДНОМ И КОМУНИТАРНОМ ПРАВУ – СЛУЧАЈ „КАДИ“
Jelena Stojiljković
Европско законодавство, 2016 16(58):179-188
Сажетак ▼
Terrorism, as one of the greatest challenges the world is facing today, is a common threat to all people and states and it certainly requires an international response. The research goal of this paper is to describe, through an analysis of the judgment of Court of First Instance in Kadi case, the shift from economic sanctions against whole nations to sanctions targeted at individuals. Although the targeted sanctions have appeared precisely in response to criticism aimed at economic sanctions and also due to some historical circumstances, targeted sanctions regime has been receiving criticism for the manner in which individuals may come to be selected without transparency or possibility of formal review. The important questions related to the targeted sanctions arose in the Kadi case concerned the competence of the Community to adopt and implement targeted (smart) sanctions, directed against terrorist – individuals.

Социјална политика

ОБУКА И ПРОФЕСИОНАЛНИ РАЗВОЈ ПОЛИЦИЈСКИХ МЕНАЏЕРА
Milan Klisarić, Zdravko Skakavac
Европско законодавство, 2016 16(58):189-208
Сажетак ▼
The subject-matter of this paper is the importance of training for professional development of police managers. The aim of the paper is to explain correlation between training and professional development of police managers on one example of the research in the Serbian police, and point out on the influential factors of this correlation. The paper in its structure encompasses, apart from the introduction, key theoretical questions relating to the relationship between the training and professional development of police managers, such as learning theory, principles of learning and features of adults, training process, goals and importance of the training for professional development, as well as the relationships between professional development to achievement of those performance and performance of organization. Afterwards, it is described and explained the state of the training and professional development of police managers in the Republic of Serbia. On the basis of analysis of the reports of DCAF and conducted interviews with police managers high and middle range, identified state and most important prerequisites of relationships between training and professional development of police managers in the Republic of Serbia. In the third part of the paper have been given perspectives and recommendations for further development of training and professional development of police managers in accordance to the standards of developed counties in the EU. The forth part of the paper covers the importance of the research for the Republic of Serbia. The approach to the research is mostly qualitative. The methods used in this research are: content analysis, interviews, inductive etc. The main finding refers to the conclusions about the importance of the training for professional development of police managers. In the case of Serbian police organization and its social and political context, it was concluded that training can have great and marginal importance for professional development of police managers, depending on several factors, chiefly of the quality of training and system support for knowledge transfer in the birthplace environment.

Људска права

ЉУДСКА И МАЊИНСКА ПРАВА РОМА У РЕПУБЛИЦИ СРБИЈИ И ЕВРОПСКОМ ЗАКОНОДАВСТВУ
Ivan Kostadinović
Европско законодавство, 2016 16(58):209-224
Сажетак ▼
The issue of protection and the creation of specific mechanisms for ensuring the rights of national and ethnic groups in all spheres of social life were manifested in the process of creation of national countries. Especially in Europe, after the horrible crimes during World War II questions of the protection of human and minority rights takes a very important place, presents in number of Declarations, Conventions and Charter adopted by key and influential international organizations. Although of numerous international conventions and laws that proclaim the equality of all people, the level of achieving declared universal human rights by the Roma is much lower than the of achieving these same rights by non-Roma population. In many parts of Europe, Roma remain socially and economically marginalized, which undermines the respect of their human rights, prevents their full participation in society and spreading prejudice. In this study, we will give the review of European legislation and the legislation of the Republic of Serbia in respect of the protection of human and minority rights, and the status and level of achieving civil rights of Roma.