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The paper portrays the new European Union extradition system, established by the Framework Decision on the European arrest warrant and the surrender procedures between Member States of 2002. In the introductory remarks, the author explains the formation and development of the traditional extradition procedure, depicts relevant legal sources, and points to its flaws, which boil down to tardiness and inefficiency. The main author's standpoint is that the European arrest warrant is based on mutual trust in the member-states' legal systems, and that it depoliticizes the extradition procedure by transforming interstate cooperation into cooperation between member - states' law enforcement authorities. On these grounds, the author determines the nature of this new legal institute, that introduces radical changes into the paradigm of the classical extradition, and explains its main features as well as the scope of application. Further on, the paper explores the conditions for issuance of the European arrest warrant, which are proscribed by negative formulations - as absolute and relative obstacles for extradition. Finally, the author explains the standardized formal elements of the European arrest warrant content, which should make its application easier and more expeditious. [ABSTRACT FROM AUTHOR]

The main task of legislature in regulation of intestacy is determining inheritants. The most important facts which classes in intestacy are based on today, that is, in contemporary legal orders, are kinship, marriage and cohabitation. An adequate relationship of these facts, as legally relevant, in formulating intestacy, is of great importance in every specific legal order. Namely, in most continental European countries, one of the two possible legal bases to claim inheritance is intestacy, which, even though being a weaker legal basis, is more frequently practised to testation as the other legal basis. Furthermore, the importance of the specific way of legal regulation of the relationship of kinship, marriage and cohabitation in formulating rules of intestacy lies in the fact that these norms reflect a general attitude of a society towards regulation of legal effects after the death of the deceased. For these reasons, it is important to compare legislations of certain legal orders, regarding the issue of the aforementioned facts in formulating rules of intestacy. As a continuation of previous papers, where we discussed legal consequences of relationship of kinship, marriage and cohabitation in law of England, as well as the countries of the German law tradition, the subject of research in this paper is legal regulation of the issue in the countries of Roman (French) legal tradition, more specifically, France, Belgium, Italy and Spain. [ABSTRACT FROM AUTHOR]

Even though it is indisputable that contemporary European legal systems base their classes in intestacy, that is forced heirship, on the fact of kinship and marriage, and some of them also on the fact of cohabitation, a concrete way of legal regulation of kinship, marriage and cohabitation, as legally relevant facts in formulating the rules of intestacy and forced heirship, can be distinguished in each of them. Inheritance law effects of kinship and marriage, that is, cohabitation, are extremely complicated and can only be utterly understood through analysis of a certain number of issues which refer to each of these facts individually, and by their mutual association and interconnection in every legal system. This is due to the fact that the way this relation forms depends on the particular society, understanding of family, marriage, cohabitation, marriage and family values, particular circumstances and actual needs. As a certain sequent of the previous paper, in which we refer to inheritance law effects of kinship, marriage and cohabitation in the law of England, this paper analyses the legal regulation of the said issue in certain continental law countries, more specifically in the countries of German law legal systems. The state of legislation in the laws of Germany, Austria and Switzerland, typical countries of legal culture and characteristic representatives of the Germanic law tradition countries, is of particular importance. This paper, however, refers also to the normative solutions existing in the law of Greece which evidently accepts essentially a certain number of legal solutions of the aforementioned laws, particularly the law of Germany. [ABSTRACT FROM AUTHOR]

The main issue of the paper is the analysis of those provisions of the Serbian Act on Foreigners, adopted in October 2008, which lay down rules of residence (residence up to 90 days, residence exceeding 90 days, permanent residence) of foreign persons in Serbia. One of the reasons for this analysis could be found in the significance of the said provisions for the legal status of foreigners in Serbia, and moreover for the legal certainty of persons moving frequently across borders in contemporary world. Further reason is the potential association of Serbia to the European Communities, which asks for harmonization of Serbian law with the law of EC. Hence, the paper also gives a survey of secondary sources of community law in order to ascertain whether the solutions of the Serbian Act are, at this stage of the EC -- Serbia relations, comparable to the community law. [ABSTRACT FROM AUTHOR]

The paper analyses the legal significance of subsidies from the aspect of provision of free and fair competition in international trade. Due to its implications and significance, both in terms of liberalisation of international trade and in terms of protection of national economic interests against unfair acts of foreign importers, this issue belongs to the corps of current and disputable issues in foreign trade law. The paper analyses primarily the concept of protection of subsidies in our new foreign trade legislation, naturally in correlation with supra-national international legal rules in the subject field that have emerged within the World Trade Organisation and European Union. Our legal system has long been handicapped because of the lack of quality pieces of legislation that would sanction unfair competition in international trade based on the above-mentioned grounds. The process of liberalisation of our foreign trade system and constant foreign trade deficit make the problem of protection of our own economy and creating of appropriate defence instrumentation more and more urgent. That is why the development of adequate rules on subsidies through enactment of the Law on Foreign Trade Operations from 2005 makes a significant step forward in this field. The relevant legal rules of our positive law observe basically the standards of the EU and WTO legislation. However, it is not sufficient to enact new regulations harmonised with international standards but it is necessary to provide conditions and accompanying institutional capacities for their interpretation and implementation, which is the field that we are traditionally in deficit with. [ABSTRACT FROM AUTHOR]

In this paper the author gives an overview of the development from abstract to causal juridical acts and explains the abstract legal effect of juridical acts in present-day European civil law (in the law of Germany, Austria, Switzerland and France). He concludes that in contemporary law juridical acts cannot have full abstract legal effect, as in archaic legal orders, because modern legal orders do not allow the creation of claims and debts in a way that entirely excludes the possibility to scrutinize whether a juridical act is null and void for the infringement of public order by its aim. In relation to the law of Serbia, the author refers to the difference between juridical acts that create obligations, that is claims and debts, and acts by which the parties merely dispose of the claims and debts already imposed. This division of juridical acts has its origins in the German legal culture, but it is fairly applicable to the Serbian law, as well. The author points out that the requirement of the Law on obligations, that all juridical acts must have a valid cause, applies without exception to juridical acts imposing an obligation (the so-called Verpflichtungsgeschäfte), regardless of whether they are concluded in the form of an abstract of causal act, i.e. whether the purpose of the transaction is determinable from their content. In this context he refers to the standpoint adopted in the doctrine that the cause of juridical acts gains relevance by three means: by the agreement of the parties, objection of the respondent and when the court determines ex officio whether the contract is contrary to public order. The author supports the point of view that in Serbian law juridical acts aimed merely to disposing of claims and debts already imposed (the so-called Verfügungsgeschäfte) may have a legal effect, which is independent from their cause. For these reasons, the author is of the opinion that in present-day legal orders, hence in Serbian law too, it is more appropriate to use the phrase "abstract legal effect of a juridical act", which refers to a legal effect of an act, whereby the relevance of its cause is reduced or even eliminated, instead of the collocation "abstract juridical act", which connotes a specific type of juridical act, one entirely independent from its cause. [ABSTRACT FROM AUTHOR]

Theresiana is little known code in Serbia, even although it is an important step in the development of criminal procedure law in the large part of Europe. Unil now we have shown the majority of substantive criminal law institutions. This paper is going to talk about the criminal - procedure provisions of the code. Due to the volume of the materia it was only possible to analyse some institutions, the intitutions of the so called general part of criminal procedure. [ABSTRACT FROM AUTHOR]

The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life. [ABSTRACT FROM AUTHOR]

In most European countries law is one of the two permissible bases to claim inheritance which, although being the weaker legal basis, is more frequently applied in these countries than testation, as a legal basis to claim inheritance. The most important facts which classes are based upon in modern legal orders are kinship, marriage and concubinage. The significance of the particular legal regulation of the relationship of kinship, marriage and concubinage in formula- ting rules of intestacy stems from the fact that the rules regulating this form of inheritance reflect a general opinion of a society concerning the manner in which legal consequences of the death of decedent should be regulated. In this paper we analise the specifities of legal regulation of intestacy in former socialist countries, majority of which are members of the European Union. More specifically, this analysis includes the laws of Russia, Czech Republic, Hungary ad Bulgaria. Hence, the subject of our research is to be observed from the perspective of comparative method, which is necessary in order to perceive certain similarities and differences in the positive law approach and that of legal theory in considering this issue. This method is, thus, the most suitable one for perceiving similar solutions and general legal principles, that modern laws of Europe are governed by when regulating intestacy. [ABSTRACT FROM AUTHOR]

Nowadays, abortion represents very delicate legal and social problem, with which both states and international bodies deal with. The issue is becoming the right to abortion, i.e. right to a SAFE abortion. Although there is no state which absolutely prohibits abortion, laws on abortion, even in „very liberal" states, show in practice obstacles to women's right to safe abortion. Paper analyses contemporary standards in Europe (Council of Europe, European Court of Human Rights), EU members' laws and compares them with law and practice in Serbia. The conclusion is that there is no much difference, but the change is inevitable, as is also in EU members. [ABSTRACT FROM AUTHOR]

As the volume of electronic contracting continues to increase rapidly, legislatures around the world are evaluating existing contract law doctrines in light of new business practices. In that sense, there are two different approaches: European and American. Both European Union and United States legislators seem to agree that facilitative or enabling rules of contract law, in particular those from which parties may derogate, may not require fundamental reform, but mere adaptations. There is much more divergence with regard to the modern overlay of public law that characterises what was once the law of purely private contractual obligations. In Europe, as well as in Serbia, a generally stronger public sentiment in favour of regulation of markets leads legislators to work to update and preserve the content of existing regulations that limit the scope of private choice in markets. On contrary, United States relucted to restate existing regulations in terms that make their application to electronic contracts explicit. As a result, a gradual diminution of public oversight of market behaviour as economic activity assumes more on-line dimensions. This paper considers some of the strengths and weaknesses of certain recent law reforms in European Union, the United States and Serbia. [ABSTRACT FROM AUTHOR]

The paper presents the history of parlamentarism, ist institution and development in the Kingdom of Serbia, in the period from 1903 until the outbreak of I World War. The first part outlines the basic socio-economic and political conditions, the pillars and theoretical position of the concept of parlamentarism. The journey towards a parlamentary democracy was short but generally beneficial. The new Serbian state conformed to the constitutional practice of the European countries, above all, England, France and Belgium. The second part is dedicated to the activities of the basic constitutional institutions (the assembly, the crown and the government), as well as to the activities of the political parties. The enactment of the Constitution in 1903, brought about dynastic changes, which liberalized and strengthened Serbia and improved its reputation throughout the world. [ABSTRACT FROM AUTHOR]

A contract is, in principle, formed by the device of offer and acceptance. The offeror dispatches their offer to the offeree, a proposal containing all the essential elements needed for the formation of a given type of contract, after which the offeree has the initiative to conclude a contract by accepting the offer or end the negotiation phase by rejecting it. However, a question arises whether the offeror can revoke their offer once it has become effective, i.e. once it has reached the offeree. Various legal systems take a different path in this respect and the problem of a binding nature of an offer has produced three different solutions. On one hand, in countries belonging to German legal culture (Germany, Austria and Switzerland in the present research) the offeror is most strongly bound, meaning that they cannot actually revoke an effective offer. On the other hand, legal systems belonging to Romanistic legal culture (France and Italy in this paper) adopt a somewhat liberal standpoint: the offeror may under certain conditions withdraw an effective offer. And, finally, there is the approach of common law, which adopts a completely "aleatory view of negotiations", in the meaning that the offeror may at any time before acceptance revoke their offer without any consequences - no obligation for any party arises before the formation of the contract, whatsoever. The issue of revocation of an effective offer may be brought in correlation with the institution of liability for damages caused by conducting negotiations in bad faith (culpa in contrahendo). Namely, even if the offeror is in position to revoke their offer and, hence, preclude the formation of a contract, the revocation itself may cause damage to the offeree. The question appears whether the offeror should be liable for the damages suffered by the offeree, in the amount of their reliance interest. Different legal systems take a different course on this issue. Since the revocation of an effective offer is not possible under German, Austrian and Swiss law, in these countries the issue of liability for damages caused by revocation simply doesn't appear. Under French and Italian law, the revocation of an effective offer is possible, but it will inevitably lead to offeror's liability for the damage caused to the offeree by the revocation. Finally, under common law the revocation of offer is, in principle, almost always possible and it will lead to offeror's liability for damages only exceptionally, provided specific circumstances exist. Under Serbian law the offeror is bound by their offer, i.e. an effective offer cannot be revoked. Since it cannot be revoked (any statement of the offeror on the revocation is without legal effect), the offeror's liability for conducting negotiations in bad faith in this case simply cannot arise in this case, just as in other countries belonging to German legal culture, where Serbian law undoubtedly belongs to. [ABSTRACT FROM AUTHOR]

The paper is devoted to the analysis of the new insolvency procedure introduced in the EU law by the EU Regulation no. 1346/2000 of 29 May 2000 and its application in the EU member states. At the same time, our Bankrutpcy Procedure Law of 2004/2005 is analysed in the light of the EU Regulation, in particular with regard to the procedure of restructuring of an insolvent company. On the basis of the rules of our Bankruptcy Procedure Law, we have estimated that the provisions concerning restructuring of the bankruptcy debtor are closest to that what is understood in the EU under legal syntagma of the insolvency procedure. The convergence is found in the fact that the common objective in the field of restructuring both in the EU insolvency law and our bankruptcy procedure is to safeguard the legal personality of the bankruptcy debtor so that the debtor is recovered in economic terms by way of taking legal measures i.e. that it gets out from the insolvency condition with a view to cover in full the creditors' receivables. However, there are also some differences The objective of the EU Regulation on insolvency is that all creditors, including claims by employees, are put in an equal position. Unlike that, the creditors are classified in our law by categories, so that the category of creditors, whose claims should be fully settled in accordance with the restructuring plan, does not vote on the restructuring plan, but it is rather deemed that the restructuring plan has been adopted for such class. Then, pursuant 4o the new EU guidelines, a special fund for payment of wages must be set up for workers from the bankruptcy assets. Our law does not have anything similar in that sense, except if we do not take into consideration the provision of the Bankruptcy Procedure Law providing that during the implementation of the adopted restructuring plan the rights of employees shall be enforced in compliance with the rules regulating employment (save if not otherwise provided for under this law). [ABSTRACT FROM AUTHOR]

The paper is divided into four parts. In the first part the author is dealing with the relation of DNA analysis and some constitutional rights, and concludes, the law should explicitly allow any intervention into the constitutional rights of citizens. Afterwards the author examines the provisions of the Criminal Procedure Code of 2001 that is in force. He concludes, the Code has no provisions based on which the DNA analyses could be applied lawfully. Thereafter, in the second part, the author talks about the Criminal Procedure Code of 2006, that is not in force, but which entering in force has been delayed until December 31, 2008. The author emphasizes that Art. 143. para. 3 creates grounds for the lawful application of the DNA analyses in practice. However, the provisions are very few and not sufficient considering the importance of the rights that are potentially endangered by conducting DNA analyses. The third part is devoted to the issue of taking samples by force for DNA analyses, under the light of the practice of the European Court of Human Rights. The author concludes the provisions of the new Criminal Procedure Code of 2006 that regulate the taking of samples by force are in compliance with the practice of the Court. The forth part is dealing with the need and models of creating centralized DNA registers in Serbia. In the final part the author gives his final, concluding remarks and points onto the need for further legislative work and detailed legal regulation of DNA analyses. [ABSTRACT FROM AUTHOR]

Mobbing (harassment at work) is a social phenomenon with manifold social, economic and legal implications. This makes the demand for regulating that issue per se directly and wholly justifiable. Both in the international and our law, however, this is not how this issues is approached, i.e., normative frameworks of regulating mobbing are mostly immediately set within the regulation of human or socio-economic rights and discrimination regarding such rights. The need for regulating mobbing is present in Serbia, too. When doing this, one should bear in mind the appropriate normative standards entailed in international and European law, as well as in ours. Such standards are scattered in many documents and in different areas of law. The purpose of this paper is to point out the most important legal documents and standards which are closely connected with mobbing, to make immediate approach towards mobbing as a legal issue easier. [ABSTRACT FROM AUTHOR]

In present paper the author analyses the basic legal features of civil liability (liability for damages arising from torts or breach of contractual duties), delimitating it from criminal liability, taking into account theoretical considerations, regulations and their application, beginning from traditional codifications of civil law in Europe in 19th century (French, Austrian and German). In its long (chronological and ideal-institutional) evolution, until to the era of great European codifications of civil law, civil liability had closely been tied to criminal liability, as far as basic principles and conditions of liability were concerned. Under classical Roman law, civil liability had not entirely detached itself from criminal liability, since it was, just as criminal liability, rather of penal, than of restitutionary nature, aiming to penalize the tortfeasor, rather than to indemnify the injured party. From the first great codification of civil law, the French Code Civil, and, to some extent, also through the Austrian General Civil Code, and the German Civil Code afterwards, a dividing line between civil and criminal liability appears in respect of the method of incrimination. The method of incrimination in civil law is, namely, general, prohibiting by general norm any case of causing of damage (general incrimination), while the incrimination in criminal law is special, precisely describing each and every criminal act (special incrimination). Since then, a shift in the aim of civil liability may be observed; it does not serve the purpose of punishing any more, that is penalizing the tortfeasor, but it is used to indemnify the injured person. A shift from punishment to restitution, as the aim of liability, is evident. By the same token, the forms of liability change, too. Criminal liability remains a fault-based liability, while civil liability, besides fault liability, also introduces strict liability, which is not based on fault of the tortfeasor, but on causation, i.e. on the increased risk of causing damage. Civil liability may be either tortious or contractual, while continental criminal law doesn't envisage criminal liability for breach of contract. The conditions of civil and criminal liability (damage, illegality of tortious act, causation and fault) retain the same meaning only nominally, they gradually diverge (except causation), by which civil liability (based either on tort or on breach of contract) has entirely been separated from criminal liability. [ABSTRACT FROM AUTHOR]

Entitlement to gender equality is one of the basic human rights. It is a democratic issue and it is lined up with basic values of European cultural environment. This right has been legalized in the international documents dealing with human rights. In European constitutionality, particularly in transition countries, the influence of international documents stipulating the entitlement to gender equality is observed, as well as the measures providing for creation of better legislative and institutional framework enabling the utilization of such rights. The subject of this Paper are the most important general constitutional rules providing for the framework for effective realization of right to gender equality, and therein two groups of questions. The first group refers to constitutionally stipulated general framework of guaranteed gender equality including especially the following issues: concept of political community (constitutional state); policy of equal possibilities as the obligation of the state; relationship of international and local laws; immediate application of the Constitution and the International treaties; deviations and limitation of human rights as well as the guarantee of the gained rights. The second group deals with the entitlement to gender equality in the context of basic (constitutional) rights and freedoms and the highlight thereto is the equality of men and women, banning of discrimination, equality of men and women before the law and special measures representing an instrument of equal possibilities policy. [ABSTRACT FROM AUTHOR]

The magrant crisis that Europe has been facing for many years has triggered an avalanche of xenophobia and the dispersion of anti-migrant sentiments that have become the reference matrix for populist discourse. Anti-migrant discourse emerges in parallel as a form of language use and a form of social and political interaction. The antagonistic stereotypical narrative of migrants begins with the thesis that they constitute a retrograde social group that poses an economic and security threat to the natives and which is not capable of culturally assimilating in the countries of transit and destination (dichotomy Us vs. Them). Spreading anti-migrant discourse becomes a strategy for winning the electorate and an important tool for mobilizing political support. The political engineering of European political parties shows that anti-migrant discourse is not the exclusivity of right-wing parties of the political spectrum (although they are the most closely related), but is becoming an increasingly important topic on the political agenda of left-wing populism. Anti-migrant discourse is reflected through a nationalist and hostile approach to immigration, the glorification of national and sovereign narratives, and hostility to neoliberalism. Anti-migrant narratives have found their footing in the political activities of many European parties that are largely sovereignly profiled. Such a political vault ofreasoning transforms migrant into a foreigner and attest on the triumph of communitarianism in regards to cosmopolitanism, which makes the EU’s slogan „in varietate concordia” (united in diversity) questionable and subject to deconstruction. [ABSTRACT FROM AUTHOR]

In the past few years the author surveyed under his research the confrontation (confrontatio), as a criminal procedural legal institution of justice in aspects of the international and human rights documents (treaties, framework decisions, European Union recommendations) that concern in any forms, and the connected court practice of the European Court of Human Rights special decisions, interpretations, guidances. This study tries to present the confrontation's newest international research results as a proofing (criminal procedural) action. [ABSTRACT FROM AUTHOR]

The article is giving short presentation of the Serbian and european (CE, EU) legal standards on the protection of individuals with regard to the processing of personal data. The objective of this legislative is encouraging free movement of personal data. But in the same tame, data-processing systems must respect fundamental human right to privacy. If the processing of data is to be fair, the data subject must be in a position to learn of the existence of a processing operation and, where data are collected from him, must be given accurate and full information. Any person must be able to exercise the right of access to data relating to him which are being processed, in order to verify in particular the accuracy of the data and the lawfulness of the processing. State must provide that the supervisory authority check such processing. If the controller fails to respect the rights of data subjects, national legislation must provide for a judicial remedy. Serbian legislation has been harmonized to the large extent with the most important European standards related to the protection of personal data. However, as in many other areas, application of new practices legs behind the new legislation. [ABSTRACT FROM AUTHOR]

The European countries experience a general tendency toward increased number of criminal law limitations of the right of speech in favor of the protection of right to honor and dignity of social groups. The number of criminal acts that are considered to be hate speech has increased and they cover larger areas. There are several general characteristics of this procedure. Only the public hate speech is punishable. The hate speech that remains in the private sphere is not dangerous enough to threaten public order or constitutional order, which are the most often protected values in these criminal acts. European countries have different approach to the concept of publicity. Some of them have a more formal approach and find that public speech is enough while the others require that public speech was really able to upset the public; we consider this as a material approach to the concept of publicity. As far as the conduct of these criminal acts is concerned, there are two conducts that are predominant and closely linked. The first one is encouraging the hate. The others are assaults on honor and dignity in all the forms: insult, defamation, humiliation, disgrace etc. Although strictly speaking encouraging the hate can be differentiated from assault or defamation, they will most often appear together. Most often the hate will be expressed through assault or defamation. In other words the hate speech will be considered as propaganda from the perspective of form, and it will be considered as an attack to dignity from the material aspect. In smaller number of cases propaganda and assault can be separated, so the legislators who are clearly making a distinction between them and who are classifying them into two conducts are right. The most important characteristic of the hate speech is its passive subject. The social groups that are subject to the criminal act of hate speech are what differentiate hate speech from ordinary attacks on dignity and honor of individuals or people. The passive subject is deprived of personal identity, it is depersonalized. It does not have a personality, but collectively belongs to a certain group of people. The most significant problem comes from this most important characteristic of the hate speech: determination of the category of social groups that deserve protection. Majority of legislators make the list of social groups that deserve protection but by doing this they always omit certain groups, usually the weakest one. Such a social group is incapable to transform its social interest into the legal protection. An individual is irrelevant in these criminal acts as a passive subject. There is a problem in differentiating the hate speech from the ordinary assault or defamation. The problem is especially evident in case of assault or defamation of more than one person which was triggered by offender's hate. Each individual in this group is protected through the protection of the social group, and thus there is no need for protection of the individual. Through the criminal acts that correspond to the hate speech the states are protecting two values: peace and public order on one hand and constitutional order on the other hand. This clearly speaks about two levels in which the legislators are placing the danger from damaged relations between different religious groups, nations, race and other social groups. The countries of the South-Eastern Europe value more the interethnic harmony than the North-West of the continent. Certain disagreement between proclaimed significance of the value and its real protection is especially interesting. Austrian and British legislators protect public order through the hate speech, and they set forth more severe punishments than Serbian and Romanian ones, which are protecting the constitutional order.… [ABSTRACT FROM AUTHOR]

In the cases dealing with the constitutionality of national laws that implement the Framework Decision on European Arrest Warrant many dilemmas arose. Among these is the problem of defining the constitutional courts' role under the EU constitutional pluralism. The article mainly discusses case law of the German, Czech and Polish constitutional courts in an attempt to check their attitudes towards the judicial dialogue within the EU, as well as to test their readiness to interpret domestic legislation in conformity with EU law. The existence of three diverse approaches of constitutional courts to the implementation of the European Arrest Warrant, served as a field for a broader analysis of the role and position of constitutional courts in European integrations. At the same time, the question to what extent the judicial review of constitutionality within national constitutional framework could and should be changed is analyzed. [ABSTRACT FROM AUTHOR]

According to article 61 of the Treaty of Rome, Community has the duty of developing an area of freedom, security and justice, inter alia, trough adoption of measures in the field of judicial cooperation in civil matters. Based on this, Community's institutions have adopted the Regulation which will, starting from December 2008, enable courts in member states to issue European orders for payment in matters with cross-border implications. European order for payment procedure should speed up and simplify recovery of uncontested pecuniary claims in other member states by eliminating unnecessary litigation when it is clear that there is no dispute between parties as to existence or amount of a claim. Furthermore, Regulation no. 1896/2008 creating European order for payment procedure has the objective of establishing minimum standards for protection of defendant's rights, compliance with which renders unnecessary any control of order prior to its enforcement in other member state. The Regulation contains rules dealing with its scope of application, jurisdiction, conditions for issue of an order, service of the order to the defendant, statement of opposition to the European order for payment etc. This article contains an overview and comments on the most important characteristics of the Regulation, as well as observations on its significance for Republic of Serbia and domestic natural and legal persons. [ABSTRACT FROM AUTHOR]

There were constant debates on the question of primacy between international and Community law. International treaties have very important role in the Community legal order. They are the acts which have legal effects and they cannot avoid judicial review of their legality. In the Community a system was established that treaties cannot be directly challenged through procedure for annulment. Instead of this, an internal act that leads to a conclusion of a treaty can be reviewed before the Community courts. The result of its annulment is in non-applicability of the treaty in a Community legal order, but it does not annul the treaty on international level nor does it liberate Community from its international obligations. The Court of Justice, in cases Yusuf and Kadi, has at the end confirmed that the Regulation in question, which gives the effect to a resolution of a Security Council, cannot be immune to a judicial review inside the Community. By doing so, the Court has kept the uniform implementation of the Community law and to certain extent it removed the threat to the primacy of EC law. [ABSTRACT FROM AUTHOR]

The article is giving brief presentation of European and Serbian experiences, legislative and other measures on combating of mobbing and bullying. Mobbing at work is characterised by systematic psychological abuse or humiliation of a person by and individual or a group, with the aim of damaging his or her reputation, honour, dignity, integrity. It has already been described as a more serious safety and health issue than any other in the workplace. At european level (the EU), diverse efforts have been made to promote actions to tackle mobbing, starting with Directive 89/391. The European Parliament also approved a Resolution on harassment at the workplace (2001). The new European Strategy on Health and Safety (2007-2013) highlights the importance of promoting mental health at work. Following this, Serbian Government also has prepared the Draft act on combating harassment at the workplace. [ABSTRACT FROM AUTHOR]

The Treaty of Amsterdam establishing the European Community created in Title IV -- Visas, asylum, immigration and other policies related to free movement of persons, Article 65 -- judicial cooperation in civil matters -- a legal basis for adoption secondary sources of law in the field of private international law. Family law relations having cross border implications, as a part of general private international law, have the same legal basis, but some other issues show specific features within the Title, which derive from the significant differences between rules of family law in different Member States, and from the sensitive nature of family relations themselves. These features concern first of all the legislative procedure of the competent institutions of the EC in Article 67, and the application of Article 234 TEC in matters covered by Title IV, particularly by Article 65. Namely, Article 67 (Nice version) prescribes that after a period of five years following the entry into force the Treaty of Amsterdam, the Council shall adopt measures provided for in (inter alia) Article 65, acting in accordance with the procedure referred to in Article 251, but with the exception of aspects relating to family law. Article 68 prescribes the circumstances and conditions of application of Article 234 in matters covered by Title IV. Despite the fact, that the provisions of it are qualified as a step backward, because it entitles only courts or tribunals of Member States, against whose decisions there is no judicial remedy under national law, to request the Court of Justice to give a ruling on the interpretation of the Title, Article 68 stands as it is, because the Council did not take any action on adapting the provisions on the powers of the Court of Justice according to Article 67. However, there is some progress which concerns family law matters with cross border implications, too. The Court of Justice has amended its Rules of Procedure, introducing urgent preliminary ruling procedure, which could be of great importance in proceedings concerning parental authority or custody of children based on Brussels II bis Regulation. The Court has already given the first judgment (C-195/08 PPU, Inga Rinau) applying the urgent procedure; the time elapsed between the lodging of the request at the Court Registry (22 May 2008) and the day the Court gave the judgment, was less than two months (11 July 2008). Needless to say, how significant could it be in a case of returning an abducted child. [ABSTRACT FROM AUTHOR]

Law is a part of a culture of every nation. Due to a multicultural nature of contemporary world there are different models of regulation of social relations. Even at the first glance it is not difficult to see that there are differences both on the level of fundamental principles and specific normative solutions as well as in the method of creation, interpretation and application of rules. Legal theory speaks of pluralistic and monistic concept of regulation of social relations. A distinctive feature of the former is that in the life of the community, apart from rules created by the state, spontaneously created rules (customs) or rules emerging under the influence of specific social groups (religious and professional rules) are of great importance. Disputes in such model, are most often resolved independently from the state organs, through different reconciliation procedures. This model, also referred to as the Eastern model, exists in many Asian and African countries. On the other hand, there is the Western model in which a dominant role is given to legal rules created by organ of state. In countries belonging to the Anglo-American legal sphere of influence these legal rules are set by the highest courts in the form of precedents, while in the countries of continental Europe, and their former colonies, legal rules are given in the form of laws and other general legal acts. Customary, religious and professional rules are legally binding only if a competent state organ has envisaged their application. Due to the influence of globalization, a process of mutual convergence of different legal cultures has been accelerated in last several decades. The role of state in Asian societies is gaining more influence. In Western societies, on the other side, we increasingly speak of deregulation of social relations and deetatisation of legal rules. There is a tendency to decrease the role of state organs and to leave the regulation of many issues to non-state entities, among which are various professional associations. Supporters of such concept invoke positive experiences with lex mercatoria in the Middle Ages, as well as the solid foundation for development of universal system of autonomous sports law -- lex sportiva. Such model of regulation of social relations fits in the process of globalization of law. [ABSTRACT FROM AUTHOR]

The article gives general overview of Agreement on Association and Stabilisation and Provisional Trade Agreement entered into between European Community and Republic of Serbia. European Community and Serbia have never had as close ties as established by these two Agreements. This article provides an in-depth analysis of the procedure leading to as well as of the rights and obligations arising from these Agreements. Since Association and Stabilisation Agreements belong to the category of international agreements of the European Community, they will provide judicial protection to citizens of Serbia within the EU legal system. This article refers to sources and case law on similar international agreements entered into by European Community. [ABSTRACT FROM AUTHOR]

By enactment of the Law on the Protection of Citizens in September 2005, Serbia has joined a large family of states that have the ombudsman institution. As one among few last European countries, Serbia created regulations required for the establishment of this institute in September 2005, when the Law on the Protector of Citizens was established. In Serbia, the institution of ombudsman has the same name used only in Quebec and at Haiti: the Protector of Citizens. This term reflects well the real role of ombudsman, and at the same time it is not difficult for pronunciation in Serbian. Ombudsman`s role is mainly to protect citizens from malfunctioning administration. Hence, it is a good thing to have this role suggested by the name used for this institution. The original term "ombudsman" is difficult for pronunciation among average people. With respect to his position and role, the Serbian ombudsman was created according to the Danish model, but it goes a bit further. The scope of his work includes protection of human rights in general, the same as in many countries of the so called new democracy. The Protector of Citizens is established and dismissed from office by the National Assembly by majority vote of all representatives. A proposal for his election is submitted by the Committee for Constitutional Issues. The sphere of work of the Protector of Citizens is conceived so as to allow him to control the respect of the rights of citizens, establish violations resulting from acts, actions or failure to act by administrative authorities, if they are violations of the laws, regulations and other general acts of the republic. As in most countries, the Protector of Citizens Rights acts on complaints of citizens and on his own initiative. If he comes across any instance of maladministration, the Protector of Citizens may issue his recommendation asking the administrative authority to respond within 60 days. Similarly to the practice in other countries, the Serbian ombudsman may recommend the dismissal of an official who is responsible for violation of citizen's rights, he has the power to launch legislative initiatives, and initiatives with the Constitutional court. The Protector of Citizens submits a regular annual report to the Assembly on all noted irregularities. He may also submit separate reports as well. [ABSTRACT FROM AUTHOR]

Founding Treaties from fifties were touching only certain issues of relevance for human rights. They did not include a codex of human rights since they were concluded to provide only economic integration and since it was thought that an economic integration would not affect human rights. This presumption proved wrong and the Court of Justice of European Communities confirmed the existence of human rights in the form of general principles of Community law. The Court used constitutional traditions common to Member States as well as human rights treaties, signed by Member States as source of inspiration and guidance in articulation of human rights in Community law. It was generally accepted by the EC institutions and Member States. The Single European Act was the first treaty that referred to human rights. The Maastricht Treaty confirmed the existence of human rights in the EU law. The first complete codex of human right was adopted in Nice in December 2000, as the Charter of the European Union of Fundamental Rights. The Charter codified fundamental rights and freedoms already recognized in the EU law. The Lisbon Treaty promotes the Charter into a rang of a Founding Treaty. Protocol 14 to the European Convention on Human Rights and the Lisbon Treaty open the door for accession of the Union to the European Convention on Human Rights. [ABSTRACT FROM AUTHOR]

The analysis provides for the following conclusions: 1. Proportion of total public revenues in GDP in Serbia exceeds the one in the EU, both with respect to overall estimate in the EU and as between EU member states, which proves that fiscal burden in Serbia is higher than in EU member states. Unlike the EU, in which there is a trend of decreasing fiscal burden, in Serbia there is a trend of increasing fiscal burden. 2. Unlike the EU, Serbia collects the significant percentage of its GDP through mandatory social security contributions. 3. Unlike the EU, Serbia relies more on taxation on spending than on taxation of income. Taxation on personal income participates in total taxation revenue in Serbia for less than 10 percent comparing to the EU. 4. Serbia needs to shift its fiscal policy toward the decrease of fiscal burden and further developf its public revenues structure. [ABSTRACT FROM AUTHOR]

Lisbon Treaty has not made substantial changes in fundamental freedoms of the European Union. Rather, it has adjusted relevant provisions of the Treaty to changes occurred in development of the Union. The Union shall not „be based upon a custom union. " It „shall comprise a custom union. " The amendment symbolizes a change of the nature of European integration. Economic integration has ceased to be a sole content of processes of integrations. Other aspects, like social and political, are included in some degree. Application of national criminal law or the national administration of justice will not be excluded from measures which the European Parliament and the Council shall take to strengthen customs cooperation between Member States. Before Lisbon Treaty they were excluded. The amendment is reflecting the fact that cooperation in criminal matters has been moved in Part III of the Treaty on functioning of the European Union and the fact that cooperation in criminal matters has already started in the Union. An obligation of the European Parliament and the Council to adopt measures in the field of social security, which are necessary to provide freedom of movement for workers, will be limited to „employed and self-employed migrant workers and their dependants. " Before, the obligation comprised all migrant workers and their dependants. The amendment has adapted the text of the provision to the existing practice of the Council. However, the Court of the European Communities has held in Ioannidis and Collin that „in view of the establishment of citizenship of the Union and the interpretation of the right to equal treatment enjoyed by citizens of the Union, it is no longer possible to exclude from the scope of Article 39(2) EC a benefit of a financial nature intended to facilitate access to employment in the labour market of a Member State. " Having in mind the position of the Court, the question is whether this limitation of legislative obligation of the Parliament and the Council will serve the best implementation of the freedom of movement of workers in the Union. Whereas the Charter of Fundamental Rights of the European Union has been recognized as the third constitutional act of the Union, some individual rights derived from fundamental freedoms will appear in form of human rights. One of consequences will be that achieved level of those rights could not be diminished. [ABSTRACT FROM AUTHOR]

The term „Washington" Consensus was introduced to express what would be the lowest common denominator of policy advice of Washington based institutions. Countries following the Washington Consensus closely are scarcely to be found in the list of the best growth performers. But, on the other side we believe that only stable macroeconomic development and integration into the world economy are capable to bring the real development. Taken altogether, every measure contributing to reduce dollarization and strengthen the local currency and trust in the domestic financial system is a step in the right direction. When domestic money can fulfill all of its basic functions /including its function as a store of value/, the financial system can potentially provide the finance needed for a credit-, investment-, and income-creating process. Competition for international capital currently provides EU Member States with a stronger reason to update their laws and accommodate shareholders than the hope of attracting incorporations does. This motivation may weaken in incorporation abroad becomes an easy alternative for all firms to use. While the current regulatory dynamics in the EU provide a particularly vivid illustration of the power of competition for investments to shape corporate law, these dynamics appear universal. [ABSTRACT FROM AUTHOR]