Архива часописа Европско законодавство
Европско законодавство Vol. 17 No. 60/2017
Европско законодавство, 2017 17(60):7-8
Европско законодавство, 2017 17(60):9-28
The Republic of Serbia has prescribed new sexual criminal offence by adopting the new criminal regulation in 2005 and its updates in 2009 and 2016. This new criminal regulation is based on international standards which are a part of numerous documents of universal and regional international organisations (Council of Europe, European Union, etc.). In this way, the Republic of Serbia is providing criminal responsibility and punishing ability for the most severe forms of sexual criminal offences. The paper concentrated on analyses of the international and regional European standards of system measures against sexual criminal offences. Also, the paper deals with theoretical and practical aspects of implementation measures in the criminal legislation of Serbia.
Европско законодавство, 2017 17(60):29-41
The right to abortion represents a delicate social issue that involves many legal, religious and ethical doubts. The purpose of this article is to address the modern dynamics of abortion law reform in the EU states. It also focuses on the striking expansion of international and regional human rights standards regarding the women\'s right to abortion. A special attention is paid to the analysis of the European Convention for the Protection of Human Rights and Fundamental Freedoms due to its relevance and importance for the legal systems of European countries. According to the jurisprudence of the European Court of Human Rights, the applicants in cases relating to abortion have invoked Article 2 which guarantees “right to life”, Article 8, which protects “private and family life”, and as concerns the dissemination of information on abortion, Article 10, concerning freedom of expression. The analysis of the legal systems of the EU shows that the majority of the surveyed countries allow abortion upon the woman’s request in the early weeks of pregnancy, and allow abortion under specified circumstances in later periods. The article summarizes pertinent developments within the EU states related to certain issues concerning abortion, such as women\'s rights to life and health, situations of rape, incest or fetal impairment, as well as state procedural obligations to ensure women\'s right to access legal abortion. Among 28 EU countries, the research shows that Malta, Ireland and Poland have the most restrictive abortion laws.
Европско законодавство, 2017 17(60):42-62
The aim of the paper is to present the principle of ne bis in idem, as a tenet on which national criminal law, the criminal law of the European Union (EU) and international criminal law postulate. Mentioned principle has an important role in the criminal law of all countries because it prevents any person to be tried twice for the same offense. That is why the professional theory and practice treat it as a leading human right and the reason why it occupies a very high place in a significant number of constitutions of modern states. The paper deals with creation of the principle, its contribution to the affirmation of cooperation between the Member States of the European Union (EU) and the impact on the modernization of legislation that have improved the content of European law (Charter of the European Union on the fundamental rights, Schengen Agreement, Convention implementing the Schengen Agreement-CISA, Freiburg proposal and Green Paper on conflict of jurisdiction), by which it has become known for. The special part of the paper presents an analyze of the development path of European criminal law, since criminal matters were not part of the competence of the legislation of the European Union (EU) in the first decades of its existence, as well as the interpretation of concrete cases from court practice. Interpretation of cases is actually a reference to requests made by individual Member States to the European Court of Justice (ECJ) for legal help, who provided it in a very effective way proving to be the best guarantee of protection of fundamental values on which the European Union (EU) is based on.
Европско законодавство, 2017 17(60):63-74
The Law on Amendments and Supplements to the Criminal Code was adopted on the 11.23.2016. Most of its provisions will begin to apply on 01.06.2017., while some of them will come into force before – the eighth day from their publication in the Official Gazette (the provisions of Art. 41), while the provisions of Art. 24, 27 and 35 to 38 will come into force later – 01.03.2018. The main reasons for the adoption of this law are related to the harmonization of the Serbian criminal legislation with international law, especially the European standards, but also because of the need to solve some of the current problems in the judicial practice. Amendments were also made in the General and the Special Part of the Criminal Code. Most of the changes were in a separate section, which adopted some new incrimination. The Special part of the Penal Code has undergone the significant changes, because they introduced some new incrimination, individual incriminations were specified, while the individual correction executed the penalty prescribed for the purposes of the stricter penal policy. However, most of the changes in the Special part were in the group of criminal offenses against the economy, and so, in this paper, the authors will devote special attention to these offenses.
Европско законодавство, 2017 17(60):75-85
In the structure of crime in all states, property crime is predominant. In order to suppress and prevent crime in general, and especially property crime, modern criminal legislation is providing a system of different criminal sanctions. Property criminal law measures stand out from the system of criminal sanctions. In this paper, a concept, types, characteristic and other features of property criminal law measures are analyzed within the criminal law of some countries of Eastern Europe (Belarus, Estonia, Latvia, Lithuania, and Russia). Property criminal law measures are: fine, confiscation of property, dispossession of an object, confiscation and seizure of assets derived from a criminal activity. A fine is prescribed in all of the analyzed criminal codes. This is a monetary penalty, which a court or a public prosecutor (Latvia) impose at the perpetrator of a criminal offence within the limits prescribed by criminal codes. There are several systems of determining the fines: penal sum in daily amounts, proportional system and system of average salaries. A fine is imposed at the adult and juvenile offenders in the criminal legislation of the countries of Eastern Europe. Other property criminal law measures in the criminal legislation of the countries of Eastern Europe are: confiscation of property and dispossession of an object. Confiscation of property is the compulsory alienation of property without compensation (Latvia, Belarus). There are complete and partial confiscations of property. And finally, dispossession of an object is a measure used to confiscate the objects used to commit a criminal act, objects used for the preparation of a criminal offense and objects received as a gift for an offense. Property criminal law measures have an important role in the fight against crime, especially property crime.
Економија, конкуренција, предузетништво
Европско законодавство, 2017 17(60):86-105
In this paper, the author is studying the role of regulation and significance of publicprivate partnership (PPP) institution and concessions in the association process of the Western Balkan to the European Union, specifically in regard to the example of the Republic of Serbia. Namely, the hypothesis of this paper is that public-private partnership and concessions represent a very important part of society, the clear regulation of which is the basis of every regulated society, playing a particularly important role in the stabilization and association process. The paper consists of three parts. In the first part, the author is studying the stabilization and association process, its definition and history of the subject. In the second part, the author is studying the definition of public-private partnership and concessions in general and in the Republic of Serbia as well, being an example of a country currently in the process of stabilization and association. In the third part of the paper, the author is establishing the connection between the two concepts, the stabilization and association process and public-private partnership and concessions, studying the role of regulation and implementation of public-private partnership and concessions in the stabilization and association process. In conclusion, it is pointed out that public-private partnership and concessions represent a very significant part of the stabilization and association process, but certainly in the wider sense as well. Namely, an unregulated institution that is the subject of this paper can possibly have very wide and far-reaching consequences within a particular state, as well as in a wider community such as the European Union. Furthermore, in conclusion, the author is of the opinion that unregulated PPP, or one that is regulated, although the regulations are not implemented or partially and selectively implemented, could influence several areas of society such as: transparent public administration, economy of public administration, corruption, controlled aids granted by States, non1 transparent privatizations or public procurement, which makes regulation and implementation of PPP regulations essential in the stabilization and association process.
Европско законодавство, 2017 17(60):106-117
The paper deals with the issue of combined public and private partnership as an alternative method of financing the infrastructural projects, which has been implemented more and more in the world. Also, the topics such as the principal characteristics and legal regulation of institute through a comparative law review are elaborated. The paper analyses, in particular, the situation in our law regarding this institute in the context of foreign investments. As alternative methods of funding infrastructure projects, the public-private partnerships are increasingly in use in the world. Its usefulness is primarily in the reallocation of risks and costs over traditional forms of financing. However, it has to establish an adequate superstructure in the form of the corresponding legal and other accompanying rules relating to the combined public and private partnership, which does not exist in Serbia at present, in order to activate this useful model on financing and place it in the function of attracting foreign investments to the highest possible extent. In that sense, the EU standards could be used as institution barriers. Considering the character of particular parties and the nature of the relationship that they establish via this type of partnership, special attention in regulating this matter should be dedicated to the reduction of risk and providing of legal certainty to the partners. By means of a synergy of the supreme qualities of the public and private sector, here with respect of “value for money” principle and value of public services and infrastructure facilities, the partnership between the public and private sector capitalizes on providing a wide range of public services and infrastructure.
Европско законодавство, 2017 17(60):118-137
Two interest rate rises in three months by the Federal Reserve, higher manufacturing purchasing managers\' indices, stronger activity in the Chinese property market and falling unemployment rates in the developed world are all indicators of a likely acceleration in economic growth this year. Higher oil prices, together with wage pressures in the US, are contributing to a welcome increase in inflation and inflation expectations. Average inflation is also picking up in the euro area, to about 1.7 percent in 2017 from 0.2 last year, partly reflecting base effects from energy and food prices. Aggregate growth in the EU is likely to be fractionally slower in 2017 than in 2016, owing to weaker performances in Germany, Spain and the UK, while China\'s expansion continues to be fuelled by ever-increasing levels of debt. There are real prospects that the very slow growth in the EU (and the euro area), which lasts nine years, set out the medium and long- term. Problems for EU countries began a long time ago; since 1975 the EU has a 1 percentage point lower than the US average growth. According to the IMF, the share of EU in global GDP has been steadily falling since 2000 (when it was 1/3) and after 1/4 share in 2013 will fall to 1/5 in 2018. The key problem of the EU, and the euro area, is a decline in the competitiveness of its industry, to the benefit of East Asia, above all China. The importance of the EU as an investor has also been decreasing since the beginning of the crisis, and the same is the case with the participation of the EU in the world\'s exports, which drops from 18% in 2000 to an estimated 14% of 2016. In addition, further political fragmentation of Europe is likely, with parties of the traditional centre-left and centre-right struggling to gain enough support to govern effectively.
Европско законодавство, 2017 17(60):138-158
During the process of establishing new mechanisms of integration of material spheres and the service sector, the development of international trade has led to the expansion of the list of objects of international business relations and trade turnover in the world market. Such a phenomenon that will further its cyclical development, represents a new stage and the lobby of the contemporary world economic and trade order. Many states have traditionally shown a high degree of control of entrepreneurial activity in the area of services. However, today is it indisputable that the process of establishing a new mechanism of integration in the areas of material productions and services is underway; this process is accompanied by a strong liberalization of international trade relations at the global level. The legal provisions governing the supply of services have been increasingly influenced by the international legal regime, whose predominant impact has a “discharging effect” on the capacity of the national legislation. The authors point out that the diverse nature of the services causes different problems not only in defining and understanding the character of services, but also in establishing a legal framework for their proper standardization which would regulate ways of providing services in the global market. This approach is the basis for structuring mechanism of legal liberalization in international trade. Object services on the international market mean a temporary or occasional provision of services outside the borders of the home country donors. States often sought through national legislation, establishing different types of restriction in services in the internal market.
Европско законодавство, 2017 17(60):159-167
The European Commission revised its earlier Community guidelines on state aid for rescue and restructuring firms in difficulty in 2014. The new Guidelines aim to ensure that public funding is directed where it is most needed and that investors in unsuccessful companies bear their fair share of restructuring costs rather than leaving the burden on taxpayers of the Member States in which they operate. The adopted rules apply only to non-financial firms in difficulty. This paper analyzes the specific solutions contained in the new Guidelines.
Европско законодавство, 2017 17(60):168-177
Contemporary tendencies in controlling the banking market are the basic characteristic organization of economic and financial activities in their interaction with the matter of legal regulation. The process of development of the banking market, in terms of the application of new technologies as well as raising public control to a higher level, has mutual conditions. The main motives of public control of the banking market are its stability and investor protection, and are associated with the nature of the risk occurring in banks due to the effects of the application of new technologies, investment and competition. Public control of the banking market should not be a limiting factor in the development of the market; otherwise the social costs were greater than the benefits to be gained by regulatory measures. Consumer protection is normatively inaugurated by Bank Law, which was passed in 2005 and came into force in 2006. Institutional assumptions for the protection are: (1) general operative conditions transparency; (2) Client informing; (3) procedural treatment of their objections; Perspective of consumer protection in the banking industry, as well as in all other domestic sectors, depends on the speed of the process of approaching the EU and the consequent obligation to harmonize current legislation with the EU acquis.
Европско законодавство, 2017 17(60):178-187
In the paper, the authors analysed receivables in foreign currency and interest rate. The authors first observed different theoretical understanding of the essence and nature of default interest. In countries where the interest rate is predicted to be a normal consequence of the delay in the payment of a monetary obligation, by law or by-laws are usually prescribed penalty interest rate (statutory rate, legal rate). The analysis after that was concentrated on the application of appropriate interest rate in case of default of the debtor of a monetary obligation in international contracts governed by Serbian law where the obligation is to be settled in foreign currency. Such interest rate is important for the development of the export economy and it has not been determined in a satisfactory manner in Serbian law. The interest rate that the legal counsellors seek and that the Serbian courts award is far too low and is stimulative for the debtor’s default. The default interest rate usually awarded in Euro is currently equal to the Main Refinancing Rate.
Европско законодавство, 2017 17(60):188-197
In this paper are analysed different operations of financial leasing in the European Union and developing countries, whose model law is a good example of its exploitation in practice. In the total number of leasing business, the predominant type is financial leasing, and a large number of issues in this domain was regulated at the end of the last century. However, there remain a considerable number of countries, especially developing ones still in transition, which permanently lack capital. Those countries still experience some difficulties in harmonizing the growing needs in the area of financing on the basis of leasing operations. In the national legal systems, most of the legal aspects are not explained enough. Therefore, UNIDROT under whose auspices was adopted the Convention on financial leasing, launched a new initiative in the field of general unification of the leasing transaction. Back in 2007, this resulted in the conception of the text of the model law. This paper reviews the results of applying this model of financial leasing operations. The model law primarily refers to countries that have not developed a commercial practice of leasing operations.
Европско законодавство, 2017 17(60):198-208
The growth of computer crime and complex forms of digital frauds create increasing pressure on the ability of digital fraud investigators to apply the process of digital forensics and digital investigations in order to obtain timely results. This paper points out the current investigative techniques, particularly in the field of digital forensics, for the purposes of the audit of the financial operations of economic entities. To eliminate such problems there is a need to increase the use of available resources that exceed the capabilities and limitations of forensic tools that are in use. Intelligent techniques that should be used proactively are needed. The application of these techniques for digital investigations should be an answer to the complex domain of digital fraud that takes place in the modern business environment. The aim of this paper is to explain the issues and to present proposals for improving the collection of digital evidence in a legal and lawful manner in the state where a forensic auditor is conducting the investigation.
Европско законодавство, 2017 17(60):209-226
In modern conditions, agricultural advisory service, as one of the organizationaldevelopmental measures of agricultural policy, presents important factor of agricultural and rural development. Its role and tasks have changed over the time, but since forever, the education of the rural population and informing them about measures of agricultural policy, market trends and other issues relevant for their development have been the basis of advisory activity in the agricultural field. The subject of research is the state and problems that agricultural advisory service faces in the Republic of Serbia and the European Union, as well as existing legislative-legal framework, by which advisory work in agriculture is regulated. The analysis of relevant domestic and foreign literature, as well as regulations in the field of agricultural advisory, provided an insight into which the key guidelines of functioning and development of agricultural advisory service in our country and countries of the European Union are. The aim of the research is to reach the conclusion to what extent the institutional framework, as well as financing agricultural advisory system in the Republic of Serbia is in accordance with European Union legislation.
Спољна и безбедносна политика
Европско законодавство, 2017 17(60):227-238
Connecting interests of 115 million citizens of 14 countries, including Serbia, the Danube River bears strategically political and economic significance for each of those countries, as well as for the EU as a whole. With the goal of rationally using all of the Danube\\\'s natural and economic potential on its path from the source to the Black Sea, the European Union has adopted the Strategy for the Danube Region, with an Action Plan lying on four pillars and 11 priority areas. The last, but not the least important priority area promotes “To work together to tackle security and organised crime”. By pointing out the political and economic specificities of the entire Danube region, with a particular overview of the Republic of Serbia, the aim of this paper is to shed light on the security aspects of the EU Strategy for the Danube Region in relation to various referential objects of security.
Европско законодавство, 2017 17(60):239-264
The paper analyzes the possibilities of regionalization in Bosnia and Herzegovina, then the territorial organization of Bosnia and Herzegovina, as well as the cause and consequence of the lack of an appropriate regional policy. Regionalization should not be a way of managing the national territory in which to achieve a higher degree of territorial cohesion, better and faster development and greater competitiveness. The democratic nature of the system of interest, and to a lesser extent, administrative organization of the territory at the level of small or large regional units should be a path to more regular and fairly available local or regional resources and purposeful management development instruments. Since regionalization requires different settings of the political system, it is recommended that the Governments of Bosnia and Herzegovina and the Republic of Srpska adopt a strategy of regionalization and the democratization of the country. This document should define the objectives, content, methods and implementation phases of the constitutional rights of citizens on regional autonomy and accordingly bring a set of legislation on the new territorial organization of Bosnia and Herzegovina. Regionalization is not a threat to the country, but the dam for the separatism because it contributes to decentralization, more balanced economic development and democratization, and therefore the political stability of the country. Decentralization and regionalization of the country depend on two very important conditions. One is the constitutional environment and the other is political will.
Европско законодавство, 2017 17(60):265-293
The subject-matter of this paper is the relationship between modern reform of the police organization and ethical problems faced by police management. The main hypothesis of the paper is: “The introduction of the reform changes in police organization increases the ethical problems faced by police management.” The aim of the research is to identify, describe and explain the key ethical problems and their influencing factors faced by the police management of the Republic of Serbia at the time of the current reform process of the police organization. The paper identified three key areas of ethical problems: ethical decision-making and resolution of ethical dilemmas, quality management and achievement of the mission of the police and the human resources management and organizational culture. Within each area are identified and described the main ethical problems/challenges police management, as well as the influencing factors of these problems, of which the most prominent: the lack of awareness and attitudes of police managers, responsibility, personal and group interests against the organizational and general social interests, corruption, inertia traditional police system, weaknesses in organizational culture, coupled with the strong influence of powerful people outside the police organization, mostly from the world of politics. The paper uses qualitative and quantitative approach to research and secondary data from relevant research. Basic methods used in the study are: content analysis, secondary analysis, statistical methods and observation with participation. Key results of studies related to the confirmation of the thesis work. Namely, the reforms in the police of Serbia are significantly increased of ethical problems encountered by police management. However, with all identified procedural and ethical problems, it is evident that the police of Serbia are well on its way to organizational reform, and that they made certain improvements in the quality of work and management, transparency and approaching towards the police community. The main recommendation of the paper is to improve the strategy for solving ethical problems in the Serbian police, arising from the introduction of the changes, as well as to investigate the homogeneous experience of EU countries.
Наука и технологија
Европско законодавство, 2017 17(60):294-309
Besides the protection of registered design, the protection of unregistered design within Industrial Design Law is characteristic of the European Union. Unregistered design can be acquired without a formal registration procedure by an appropriate revealing of design to the public on the European Union territory. Only by joining of the Republic of Serbia to the European Union a new right of intellectual property will be anticipated unregistered Community design. The authors of this paper are presenting a comparative overview of registered and unregistered design in the EU, the Republic of Croatia and registered design in Serbian legislation. Moreover, it has been pointed at the harmonization process of Serbian legislation with the European legal attainment in this field, as well as with obligations arising from the ratified international documents and the Process of European Integration.
Европско законодавство, 2017 17(60):310-319
The paper addresses the increasing role of the English language in higher education as a result of globalization and internationalization. The aforementioned occurrences have largely transformed higher education into the marketing realm, which steered the universities throughout Europe and the world to manoeuvre in a commercial manner and to ever more adopt English as a global language of education. The paper further suggests that the introduction of CLIL offers a necessary linguistic potential to the nation due to its flexible nature. Namely, the 4C’s character of CLIL methodology incorporates the wide range of scientific, linguistic, cultural and political realities within the context in which it exists. Furthermore, effective CLIL enables the integration of the domain of higher-level cognitive and communicative skills along with the inter-cultural consciousness. The totality of the abovementioned characteristics shapes the conclusion in line with the need for CLIL language practices, bringing both students and professors closer to the competitive international education, science and language standards, which in the context of the educational environment is imposed as inevitable. The adoption of CLIL methodology in our region rests on the soft field of legislation and is based on the recommendations, opinions, principles and declarations that are passed in good faith and belief. Bearing in mind that Serbia is a candidate for membership in the European Union, the convergence of national policies and objectives seem to be the most sustainable if it is harmonized with the above-mentioned forms of soft law.