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This article presents results of the inquiry empirical research into animal rights which was carried out in 2007 between Novi Sad Faculty of Law students attending to the legal ethics course (N = 125). The analysis showed that 53,6% of respondents accept the opinion that we can't speak on animal right. This opinion is explained by the gender, average note, political and religious orientations of students and their understanding of anthropocentric and biocentric ethics. Only 25,6% of respondents estimate that the God has determinated human control of animal and plant species and even 63,2% that the protection of nature is the care about the beings of the God. Three attitudes were taken over from one empirical research of Zagreb University students in 2005. Here are the comparative figures: 58,1% of respondents in Zagreb accepted equal rights for human beings and animal species and even 71,2% in Novi Sad; that human rights are superior to animal' one (32,5% : 37,6%) and Darwinian conception of struggle for life (20,6% : 44,0%). In the second part of the article the author discusses some theoretical questions about animal rights from the perspective of anthropocentic and biocentric ethics, into their radical and moderate variants. The main conclusion is that the attitudes of our students and theoreticians of law are somewhere between moderate anthropocentrism and moderate biocentrism. [ABSTRACT FROM AUTHOR]

Unification of carriers liability rules has been made successfully un numerous international conventions for each mode of transport. However, within UNCITRAL attempt was made in 2005, through Draft convention on the carriage of goods (wholly or partly) by sea, to extend unification to all modes of transport. Despite result of that actability, this is an attempt to achieve unified regime of carriers liability, with different opinions relating to it. [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]

As an introduction to this work, the author chronologically introduces the issue of rule of law in contemporary Serbian theory of law. Subsequently, the focus is directed to the views of authors who call attention to what rule of law actually is. Being at the standpoint that certain rules of law need to be theoretically justified and practically effectuated as states of legitimacy and states of legality within the boundaries of social tolerance, the author emphasizes that they rest on the concepts of respecting law and lawfulness, valuing human rights and freedoms, the distribution and balance of power, constitutionality and lawfulness, universality of law, legal security, independent jurisdiction, legal efficiency and a modern concept of civil society. [ABSTRACT FROM AUTHOR]

Regulation on civil rights and liberties -- predominantly in programs -- have ever since occupied an important part of the documents of the Serbian National Movement in South Hungary in 1848-1849. These documents had characteristics of constitution drafts, although not all of them were equally concentrated on that subject matter. Primarily in the first half of the Movement, in March and April 1848, these documents included numerous requests, national petitions, further the Decisions of the May Assembly and later on various drafts of constitutional content. Civil rights and liberties were mainly dealt with in documents of Stefan Radičević and in documents of the constitutional committee. Personal, but also political rights. Like the freedom of press, opinion end speech, the liberty of meetings and unions preoccupied the first place in theses documents. Since the Serbs fought primarily for their national rights and liberties these were assigned an important standing. The declaration of equality of all nations that lived on the territory of the Serbian Woiwodina, further the proclamation of international tolerance, freedom and equality of civilians -- regardless of their confession and nationality -- their right to preserve nationality, to be educated in their mother-tongue, to use their native language and writing in communication with authorities ranked high. [ABSTRACT FROM AUTHOR]

Control over management is traditionally exercised in shareholders meeting, although the shareholders cannot intervene in the management of the company by instructing the boards how to act. The formalities surrounding these meetings are, therefore, an important aspect of the corporate system. This is at least true in theory, although it often amounts to mere fiction as far as practice is concerned. Quorum requirements are important in order to prevent shareholders being caught by surprise in shareholders meeting and decisions being made by small group of present shareholders. These requirements have their inconveniences resulting in different legal solutions regarding quorum -- high quorum, low quorum and no quorum at all. The better preparation of shareholders meeting the less need exists for high quorum. Resolutions are passed by simple majority, unless statute or charter demand a higher (qualified) majority. [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]

The substitution of the Roman republic by Hellenistic oriental monarchy, the process extending through three centuries, found its legal-theorethical justification in the Hellenistic theory of a monarch as a live or spritualized law (νόμον ε<ψυχοϕ, lex animata). This theory is in contrary to the Roman republican concept of emperor (princeps, dominus) as a mandatary of Roman people. This idea was especially expressed by Themistios, great pagan orator and philosopher from IV century, in his several orations. [ABSTRACT FROM AUTHOR]

The article contains discussion on most important characteristics and legal effects on transfer of shares in private company contract according to Company Act of Republic of Serbia, taking into account solutions in comparative law. Author underlines lack of legal regulations advocating their rectification. Author suggests need for clear legal regulation of the moment in which transfer of shares takes effect and reconsideration of the principal of joining of shares in case of further shares acquired. [ABSTRACT FROM AUTHOR]

World economy stepping down in the liquidity crises causes through the real estate sector problems, particularly in the USA. The scarcity of the investments is one of the consequences. For Serbia diminishing of current account deficit is prerequisite for the regular repayment of external debt. It is necessary to attract the bigger amount of foreign direct investment once when the process of privatization would be finished. Motivation for investing in Serbia has to be intensified by the creation of attractive and stimulating ambience. Until now, FDI was mostly directed to purchase of Serbian companies. Bigger inflow of FDI as well as structural changes of real economy sector in Serbia could result with the stronger export growth and decreasing of trade deficit in the next years. Economic and institutional factors should be directed to create a framework which is important for FDI inflow. 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. [ABSTRACT FROM AUTHOR]

Regula Catoniana regulates that a legacy void at the moment of drawing up the testament will remain void irrespectively of the time of the testator's death. In the classical period, application of the Rule of Cato spread and eventually it was formulated through the general principle that a legal deal that is void cannot be validated by mere lapse of time, not even based on changed circumstances. On the other hand, the original application of Catoniana on legacies narrowed. One of the acts by which the application of Catoniana was restricted is Nero's senate decision drawn up in the middle of the first century AD, which anticipated that a void legacy per vindicationem by which the testator legated somebody else's object is considered a valid legacy per damnationem. The application of this senate decision was expanded by lawyers' interpretation to all legacies void on account of wrong form choice. Nero's senate decision was not opposed to the fundamental meaning of the Rule of Cato, by which the moment of the testator's death is not relevant for the validation of legacy, because following Nero's decision legacy becomes valid by initiative of a concerned person and not by the lapse of time or on account of changed circumstances. However, the principle reached by a broader interpretation of the Rule of Cato has been derogated in that a legacy that is void from the beginning cannot subsequently be validated at all. Thus, on the basis of SC Neronianum, Regula Catoniana was partially derogated by way of praetorian law, but it was still valid in the domain of civil law, since legacy validated by senate decision remained void by ius civile. [ABSTRACT FROM AUTHOR]

There were only few theorists in serbian legal theory who were interested in matter of retroactivity: Žarko Miladinović who published in 1926 a monography „Iura Quaesita", and Slobodan Perović, who published in 1984 also monography „Retroactive power of laws and other legal acts".„Study on retroactive power of laws" was published in 1883, by Gligorije Geršić, and it is considered as first of the kind in his time, and still, as one of the most consistent studies in this area. [ABSTRACT FROM AUTHOR]

Since software industry has shown important growth in recent years, the problem of the appropriate protection became even more acutal than in the years of its establishment. Software Directive 91/250 concerns computer programs copyright works, but administrative and court's decisions granted a numerous patents for computer-implemented inventions. For that reason, the current legal situation regarding patent protection in this field may be considered ambiguous and thus leads to lack of certainty. Under the European Patent Convention, computer programs „as such" are excluded from patentibility, but under certain circumstances patent could be granted. According to the European Patent Office attitude, the main condition for patentibility of computer programs is „technical character", which opens the question of its definition. In that sense, it's very useful to analyze EPO decisions. The Board of Appeal of EPO held, in Computer Program Product I&II, that if a program on a carrier has the potential to produce further technical effect when loaded and run on a computer, such a program claimed by itself should not be excluded from patentibility. Taking into account the main differences between patent and copyright protection, and articles of subject matters relevant legal acts, proper protection of computer programs could be obtained by patent as well as copyright. In other words, their coexistence could be considered cumulative in the sense that copyright protection is accorded to the particular expression in any form of a computer program, while patent protection covers ideas and principles which underlie any element of a computer programs. [ABSTRACT FROM AUTHOR]

The autors through the representation of the Commission work for the competition protection, represent its advantages and shorthands. They find problems and according to them they find the solution for the promotion of the Commission work. As far as the promotion itself is concerned, on one hand it refers to giving bigger competence to the Commission, on the other hand it refers to the promotion of the Law about the protection of the competition. Through analyses it is taken in concern both the work of the Commission for the protection of Republic Serbia competition and the Agency work for the market competition of Republic Croatia and Europe [ABSTRACT FROM AUTHOR]

Inflexible and insufficiently effective and economical court litigation at one hand, and parties' wish to resolve their civil law dispute within mutual appreciation on the other hand, have led to the development of methods of alternative resolution of civil law disputes in which parties can dispose with their rights freely. One of these methods is mediation -- process where parties by agreement entitle third neutral person -- mediator to help them in making agreement, but with no authority to impose them a binding solution. Differentia specifica of this process, in comparison to other alternative dispute resolution methods, is mediator and his activity on providing amicable dispute resolution. The content of mediation proceeding is parties' negotiating action and mediation activity of mediator. Nevertheless, the whole process depends of mediator's skills and techniques, as parties are not capable to resolve their dispute via direct negotiations. Relaying on that, the mediator is the central figure in this process, and for success of mediation -- agreement of the parties -- the role of mediator is determinating. By explicit regulating of particular mediator's actions, legislator determines role of mediator in conclusion of agreement. Notwithstanding fact that he's most important factor in process, by analysis of actions which mediator is entitled to take, we could conclude that legislator provided rather passive role of mediator in conclusion of parties' agreement, in comparison to possible modalities. [ABSTRACT FROM AUTHOR]

Institutional changes in the administration of Republic Serbia, that included all areas-organizational, functional, and personal, have started in the beginning of 1990s, with The Constitution of Republic of Serbia in 1990 and The Law on state administration in 1992. Those changes were continued even after 2000. especially in the area of organization of state administration. A large number of administrative bodies was formed, but also a large number of different agencies, which legal nature haven't been specified in many cases. In the end of 2004, the governmnet of the Republic of Serbia has adopted a very important document- The Strategy of reform of the state's adminstration in the Republic of Serbia. This document defined the basic weaknesses of present system of state administration and directions of administration's reform. On the basis of those strategic orientations, during 2005 were adopted several important amended laws: Law on Public Agencies, Law on Government, Law on State Administration, Law on State Officials, Law on Ombudsman, and also Regulation on changes and addition of the regulation on principles of internal organization and classification of positions in ministries, special organizations and government services. The main intention of above mentioned regulation was to racionalize personally and financially serbian state administration. At the same time, The Law on the State Administration established entirely new conception of the state administration - administration understood as „social function" and „public service". Certain novelties from this law are undoubtelly rather useful,(for example, provisions that guarantee depolitization of the state administration even more than it was present so far). On the other side, one can get an expression that some solutions from this law aren't established in our tradition of public law nor in still valid Constitution of the Republic of Serbia. It is specially related to the enumeration of activities of state administration, in which the activity which is crucial for the state administration -authoritative activity in individual situations - is placed in the background, as far as to some unauthoritative activities were given primary importance. At last, certain provisions of The Law on state administration from 2005. are kind of restauration of some solutions whcih characterised socialistic laws on state administration, which were by pactice have shown as absurd and surpassed (for example, „attendance and fortification" of activities from the state bodies). Only the life will show, whether and when should be this law in the future amended. [ABSTRACT FROM AUTHOR]

Article explores the question of regulation and practical implementation of the right to access public-sector information in the European Union. Legislation is firstly put in the historical perspective and in the context of democratization processes in the EU. After that, the scope of the right is determined through the analysis of which documents can be made public in the course of this right, institutions and bodies covered, and beneficiaries of the right. Moreover, absolute, relative and specific exceptions to the right of access are examined, as well as processing applications for access, especially their admissibility, procedure that follows an application, remedies and practical realization of access. Finally, critical appraisal of the legislation and case law is given, with the proposal for future changes. [ABSTRACT FROM AUTHOR]

Analysis highlights some political implications of the constitutional and legal definition of the role and legal competences of the Serbian President. Author is pointing at possible instrumentalisation of presidential powers and possible dangers of deformation of the separation of powers principle in Serbia. Author makes conclusion that newly adopted Serbian Constitution (adopted in 2006), as well as some legal provisions are still full of emtpy spaces and ambiquities. Special attention is drawn towards an imperative of reception of democratic standards that are presented within post-communist constitutions in the region of Central-Eastern Europe. By pointing out what possible dangers derives from presidential system author highlights some of its shortcomings and tendencies towards instrumentalization of constitutional-legal prerogatives of presedential powers. [ABSTRACT FROM AUTHOR]

The first Ombudsman institution has been introduced in Sweden in 1809. Since then, it has been spread throughout the world. In the second half of the 20th century, it has been realized that only one general-purpose ombudsman is not enough. Besides general-purpose ombudsmen it would be very useful to have specialty ombudsmen (single-purpose ombudsmen). Its role is to protect some categories of citizens (military, prisoners, children, patients...) from the maladministration of the authorities in this fields. They are appointed at the same way as it is general-purpose ombudsman (usually by parliament). Those are public-law specialty ombudsmen of external type. Besides them, there are also internal public-law ombudsmen. They are appointed by some state authorities and agencies. Finally, there are more and more private sector ombudsmen, whose role is to mediate conflicts between citizens and some private companies and organizations. [ABSTRACT FROM AUTHOR]

Money laundering refers to a legalization of capital generated by some criminal activity. This practice is applied by engaging many methods of financial transaction which disguise the origins of money or other forms of capital on the market. It represents a particular form of organized crime which brings illegal profit to the doers, because in this way, the capital obtained in criminal activities is used in legal currents of production, trading, business accounts and such. An emergence of this international problem and the interest of the international community and other regional institutions comes from many consequences which this phenomenon produces, such as negative economic and political effects. Activities of criminal organizations, which are in the domain of organized crime, are getting an international dimension, which is why the international community in its legal acts underlines the obvious connection between organized crime and money laundering, as well as the need for cooperation on an international level to prevent and uncover money laundering. In this sense, international organizations and proposed legal measures give an adequate basis for an efficient national legislative intervention. But the problem emerges in the application of law and the detection of the causes of organized crime: the tolerance and passivity of those governmental organs which are authorized to repress and prevent this phenomenon. [ABSTRACT FROM AUTHOR]

The general position adopted by legislators in most of the contries is that removal organs from the deceased people has greater practical importance than removal organs from living donors. On the other hand, in the legal theory pointed to the fact that potencial deceased donors, although theoretically broadly available, prove in practice that a recovery of a cadaveric organ recipient, as well as of tissues and cells, is not sure, and that the operations on donors and on organ recipients have to be carried out according to urgent surgery. Transplantation laws contain more or less detailed regulations on conditions which allow removal organs from deceased persons. Two issues are of the special importance: determining the exact moment of death of a potencial donor and his/her right of self-determination to his/her own corpse. Determining the exact time of death of a potential donor, as well as different solutions regarding permissable removal organs from the deceased, are considered by the author from the legal theory and medical and legal practices points of view, as well as from the standpoint of positive law, abave all legal rules of the European Union member countries, North America, Brasil, Australia, Japan and China, as well as the 1983 Sydney Declaration on Death Determining of the World Medical Association and the Resolution No R (78) 29 on Removing and Transplanting Substances from the Deceased Persons of the Council of Europe, adopted in 1978. The norms of foreign national and international legal rules on the matter are compared by the author with corresponding regulations in the country. [ABSTRACT FROM AUTHOR]

The statements and proposals concerning the system of social contribution in Serbia made in the preceding paragraphs do not pretend to be the only possible solutions or to be absolutely acceptable. They should be understood rather as an attempt to get a better insight into the functioning of the system of social contribution and as a modest addition to further development of the system of social contribution in Serbia. [ABSTRACT FROM AUTHOR]

It is very well known that the Senate in Constnatinople was founded during the reign of the Emperor Constantine the Great. But, during his rule the Senate was not on the level of the imperial institution, rather a small group of senators who were following the Emperor in his move into a new capital on the East. Constantine's son and successor Constantius II decided to equalize legally the senates of both capitals. He promulgated eleven laws, preserved in the Theodosian Code, which constituted some kind of the Statute of Constantinopolitan Senate. [ABSTRACT FROM AUTHOR]

Draft Code on Ownership and Other Property Rights is the result of an attempt to comprehensively regulate property legal relations. Problems in our property law highlight the importance of this project and require the codification of this area of law. This article is a contribution to a public debate, which has not been launched officially yet, but still is possible thanks to the presentation of the Draft Code at the end of November 2007. This article is focused on Draft Code new provisions on possession rights and its protection. Further, this article is specifically focused on peremptory objections which may be raised by defendants in a possessory proceeding, with reference to those objections which may greatly affect a possession protection: objections of a possessor claiming that the right has not been abused and pre-emptive objections. Despite different concepts of a possession protection, and regardless of the possessory rights which traditionally have been the part and parcel of our property law (as initiated long time ago in the Serbian Civil Code, not in the best of ways), I find it an important legacy. That is why it is necessary not to cross the line where any protection of a possession becomes meaningless and practically non-existent, but simply represents the modified form of a petitory action. [ABSTRACT FROM AUTHOR]

Usucapio, means possession whith special qualifications. Usucapio is possession capable of ripening into ownership, if it is free for vitium, held ex iusta causa and bona fide. Possession is prima facie evidence of ownership. Possession ripens into ownwrship by effluxion of time. Possession which is ex iusta causa and bona fide, ripens into ownership by effluxon for 3 years on mobile goods, and 10 years of immobile goods. If possession is qualificied, only as bona fide, the time need to effluxion is longer, i.e. 10 years for mobile goods and 20 years of immobile goods. Usucapio destroys the title of the privious owner and vests it in the qualificied possessor who become new owner. [ABSTRACT FROM AUTHOR]

Despite the fact that public opinion in France in the years before the February Revolution (1848) was inclined toward liberation of the subjugated nations in Eastern Europe and Italy, the French government did not participate in their struggle. The position of French government was that the preservation of integrity of the Ottoman Empire was in the best interest of France. Mathieu Limperani and A. Fabre, French consuls in Belgrade, advised Serbian government to stay loyal to the Turkish government, thereby strictly enforcing the French foreign policy. They closely observed the situation in Hungary in relation to the Serbian movement in South Hungary since they thought that liberation of Serbia from the Ottoman Empire was only in the interest of Russia. In their opinion, the Serbian movement was a threat to integrity of Turkey at the same time creating the possibility for spreading the Russian influence. They strongly believed that Hungarian officials would also find that reconciliation with Serbs would be the best guarantee against the spread of Russian Panslavism. Diplomatic representatives of France in Belgrade connected with certain leaders of Serbian and Hungarian movements while making every effort to persuade French government that such reconciliation is necessary. Diplomatic activity of the French government in the Balkans involved not only French consuls but also one member of the Polish emigration, namely the Count Louis Bystrzonowski. Diplomatic correspondence and reports of French consuls in Belgrade and Count Bystrzonowski considerably include their opinions and impressions on the Serbian movement of 1848 and its most prominent participants: Patriarch Josif Rajačić, Duke Stefan Šupljikac and the Serbian army commander, Djordje Stratimirović. [ABSTRACT FROM AUTHOR]

Sources that have been preserved do not contain a definition of one of the most important Roman legal concepts, which is the 'negotium'. The author examines what the Roman legal science understood this concept to be -- is it equal to the modern concept of legal affair. The author finds that these concepts refer to the same matter. These are statements of will by means of which people introduce their interests into the world of law. However, negotium and legal affair do not have the same features or carry the same weight in the legal system of their time. Unlike the contemporary legal affair, negotium is not available for all citizens who possess legally relevant will, it is, by default, burdened with form and offers the parties little freedom in forming of the content of a legal affair. Differences between these two concepts are explained by the author with the differences in economical, political and ideological ambience in which they come to exist. Thus, legal affair and negotium are legal concepts that belong to different historical epochs. [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]