published by: Editura politică Bucureşti, 1976
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Keywords: Public law; constitution; Law on the Protector of Citizens; legal framework; improvement necessity; evaluation; Republic of Serbia;
While the Law on the Protector of Citizens (hereinafter: the Law) was enacted in 2005, it was 2006 when this institution was constitutionalized for the first time in the Serbian legal history. That legal path is rarity which can, to some extent, be attributed to the specific circumstances of legal life in equally rare form of the state community (Serbia and Montenegro). After more than 5 years of the implementation of the Law, there is a need to improve the legal framework for the work of the Protector of Citizens (Ombudsman), which was also noted in the last two annual reports of the Ombudsman. The reasons for amendments to the Law are twofold according to the Ombudsman – on one hand, there is a need for regulating certain issues in a different manner whereas, on the other hand, it is necessary that some of still unregulated issued be regulated for the first time. The author reviews the existing provisions of the Law, as well as those in the proposed draft laws. The paper does not give a comprehensive analysis of the need of the Ombudsman, comparative practices or international standards, but the targeted analysis of specific issues. It does not deal with the procedural provisions of the Law. In the main part of the paper, author focuses on the following issues: the need to protect the name and insignia of the Ombudsman, tenure and the possibility of re-appointment of the Ombudsman, the selection and the number of specialist areas “covered” by the Deputies, the criteria for the selection of the Deputies and the need to ensure the Ombudsman’s financial independence. In a separate segment, the author assesses whether it is necessary to improve the legal framework for the work of the Ombudsman in order to be re-accredited as National Institution for the Protection and Promotion of Human Rights (NHRI) with the highest A status, which will follow in 2015. By analyzing the comparative legal practices and opinions of the Venice commission, the author gives recommendations how to improve the Law on the Protector of Citizens. These recommendations may be helpful when amending the ombudsman laws in other countries of the region as well.
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Keywords: Roma in Turkey;
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Keywords: Serbia; media; media legislation; Regulatory authority for electronic media; media pluralism;
Development of media legislation in Serbia begins after social changes in 2000. Media law in Serbia is regulated by media laws adopted in 2014. Fundamental media laws are the Law on public information law and media, Law on electronic media and the Law on public media services. Even at the time of the adoption of these laws, the individual experts and media workers expressed concerns over how the particular insufficiently explicit provisions should be interpreted and applied. Current media laws in Serbia show a certain discrepancy and retrograde tendency, which further complicates their application and absence of case law. Poor condition in the media is a consequence of growing political influence on the media, as well as a very high concentration of ownership which violates media pluralism principle. The findings of the research show that there are pressures on the media in Serbia, that there are censorship and self-censorship, that representatives of the authorities interpret critically-minded media as their political opponents and that specific media are the means for political propaganda and crackdown of political opponents. This further complicates a realistic state and application of media legislation. Several important problems arise in the implementation of media legislation, namely: transparency of ownership and financing of private media; the need for efficient supervision of state funding and co-financing of the media; strengthening the independence and capacity of the regulatory authority for electronic media; attacks and intimidation of journalists and the need for protection of journalists.Development of media legislation in Serbia begins after social changes in 2000. Media law in Serbia is regulated by media laws adopted in 2014. Fundamental media laws are the Law on public information law and media, Law on electronic media and the Law on public media services. Even at the time of the adoption of these laws, the individual experts and media workers expressed concerns over how the particular insufficiently explicit provisions should be interpreted and applied. Current media laws in Serbia show a certain discrepancy and retrograde tendency, which further complicates their application and absence of case law. Poor condition in the media is a consequence of growing political influence on the media, as well as a very high concentration of ownership which violates media pluralism principle. The findings of the research show that there are pressures on the media in Serbia, that there are censorship and self-censorship, that representatives of the authorities interpret critically-minded media as their political opponents and that specific media are the means for political propaganda and crackdown of political opponents. This further complicates a realistic state and application of media legislation. Several important problems arise in the implementation of media legislation, namely: transparency of ownership and financing of private media; the need for efficient supervision of state funding and co-financing of the media; strengthening the independence and capacity of the regulatory authority for electronic media; attacks and intimidation of journalists and the need for protection of journalists.
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Keywords: refugee crisis; Dublin System; EU Asylum Procedures Directive;
The current refugee crisis, which created a collective action problem among the EU Member States in terms of sharing the responsibility, is indeed an indicator of the lack of solidarity as regards the implementation of the Dublin System. The pressures over the Common European Asylum System due to the high refugee influx from the Middle East into Europe following the Arab Spring and the Syrian civil war has driven the EU to cooperate with its neighboring states at its external frontiers and the transit countries. Turkey, which is a transit country located at the external borders of the EU, and the only passage between Syria, Iraq and the EU, has been one of these countries with which the EU has negotiated a cooperation in solving the crisis. However, the case-law of the European Court of Human Rights, as well as the treatment of asylum-seekers in Turkey, brought forward the questions of considering Turkey as a “safe third country,” which is one of the principles lying on the basis of the agreement. Although there are several concerns at this point, the EU and Turkey agreed to sign the agreement, where the motive of national interest prevails over the protection of human rights from the point of view of both sides. In the light of this background, the aim of this paper is to discuss the motive behind the agreement, as well as elaborate whether Turkey is a “safe third country” under the Asylum Procedures Directive.
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Keywords: Information and communication technology; ICT; Czech Republic; labour market; women; women in ICT; ICT labour market situation;
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Keywords: Constitutional Court; Bosnia and Herzegovina; constitution; right to trial within a reasonable time; appeals; human rights;
In 2018, the Constitutional Court of Bosnia and Herzegovina received over 1,700 new cases, in which the appellants invoked a violation of the right to trial within a reasonable time. A review of statistics shows that the same court, in the period from January 2008 to February 2017, made a total of 1,447 decisions, in which it was established that domestic courts did not make a decision within a reasonable time. The Constitutional Court and the most important judicial bodies recognized this "hyper-production" of appeals (in which appellants complained of (alleged) violations of the right to trial within a reasonable time) as a systemic problem. In that sense, the only remedy available to potential victims was to make an appeal to the Constitutional Court. Decisions of this court in cases of violation of the right to a trial within a reasonable time have, over the years, tensely moved in the direction of relativizing the appeal as an effective remedy. In November 2018, this court decided that a certain period will not decide on appeals that raise the question of the length of court proceedings that are ongoing in Bosnia and Herzegovina. Other words, every person within a particular group, in principle authorized to submit an individual appeal, can not enjoy the right to file an appeal for breach of the right to trial within a reasonable time. This practice represents a radical precedent in the practice of this court and after such a decision in the domestic legal system, there is no (effective) remedy for this violation of human rights. In this paper, I will, through the stages, present the decisions of the Constitutional Court of Bosnia and Herzegovina that have considered the violation of the right to a trial within a reasonable time, with special emphasis on the last stage, which took place in November 2018. I will focus on analyzing the practice of this court. One part of this paper makes a brief reference to the right to trial within a reasonable time and the right to an effective remedy in the context of their legal foundation and practical manifestation in Bosnia and Herzegovina. Apart from the questions considering the practical consequences of this precedent, I will also point to the state of legal insecurity and the urgent need for making concrete steps towards finding an effective solution to this legal issue.
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Keywords: Bosnia and Herzegovina; institutional framework; human rights; ombudsman for human rights; protection of human rights;
Institucija ombudsmena za ljudska prava Bosne i Hercegovine je centralna nezavisna institucija za zaštitu i promociju ljudskih prava. Imajući na umu da u Bosni i Hercegovini ne postoje druge institucije ombudsmanskog karaktera (npr. tematski ombudsmani), niti druge institucije za ljudska prava, kao što su fondacije ili vladine kancelarije za promociju civilnog društva, značaj Institucije ombudsmena za ljudska prava Bosne i Hercegovine je još veći. [...]
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Keywords: Austria; Central Europe; European Union; government; regional cooperation; development of transport infrastructure; European integration of Western Balkans;
Austria’s government has declared it will be a bridge-builder in the European Union between its western and eastern members. This is in fact rather more an endorsement of the Union cohesion on the eve of Austria’s presidency of the EU Council than a genuine offer to represent the Visegrad states’ interests in the EU. Vienna is also trying to strengthen its position in Central Europe using regional cooperation initiatives such as the Slavkov Triangle, Three Seas Initiative, and the V4+ format. However, Austria’s pro-Russia stances and economic conflicts of interest have burdened relations with regional partners. Common goals remain limited but include the development of transport infrastructure, an endorsement of the European integration of the Western Balkans and strengthening the EU’s external borders.
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Keywords: People’s Republic of China; regional policy; West Asia; North Africa; economic cooperation; security cooperation;
China’s policy towards the region it terms West Asia and North Africa (WANA) used to focus on economic cooperation, but since Xi Jinping took power in 2012, political and security matters have been gaining importance. China’s main goal remains to build its position as the region’s key partner, creditor, investor, and contributor to their development. As such, China is now seeking to challenge U.S. interests and even gradually replace it as the key stakeholder in WANA. To secure its own key interests and reduce terrorism threats, China is also seriously considering the possibility of the use of force in the WANA region.
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Keywords: Poverty; social assistance;
Poverty reduction is one of the key priorities of the Government of the Republic of Moldova. The National Development Strategy »Moldova 2020« aims, by 2020, to lift at least 149 thousand citizens or over 20% of those living in poverty. Progress in poverty reduction is generated by the consistent, efficient and coordinated implementation of economic and social policies, able to generate sufficient jobs and ensure a high degree of social inclusion of all members of society, with a special emphasis on the development of support programs. population and employment, as well as on measures for the development of the small and medium-sized enterprise sector and the modernization of agriculture. (the editor) // PUBLISHED BY THE MINISTRY OF ECONOMY OF THE REPUBLIC OF MOLDOVA
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Keywords: Roma culture; Roma architecture; ethnic minorities;
“The gypsy palace”, as a certain type of architectural object in Romania is called, has developed over the last 15 years and has gained more and more interest due to its peculiar style, which is different from other architectural style in Romania. It is identified with an ethnic group that only recently has embraced sedentary life. In a first stage forms and colors turn the attention to the phenomenon, but, as one starts to go deeply into it, the aspects of cultural identity become more important. It becomes clear that only an interdisciplinary analysis can offer reasoning beyond the prejudices born out of a supposed cultural superiority, which in the 15 year of transition has been hardly proven.
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Keywords: Hungarians in Transylvania; Social status; Young people; Family and gender roles; media and computer usage; inter-ethnic relations;
„Csak abban a statisztikában hiszek, amit én hamisítottam” – így hangzik Winston Churchill egyik hires nyilatkozata. Sajnos Romániában nem ritka a közvélemény-kutatások közötti „háború”, ahol nem az a lényeg, hogy milyen eredményeket mutatnak az elemzések, hanem, hogy melyik intézménynek, pártnak, politikusnak nagyobb a támogatása, kit kell legitimálni. Az Országos I_úsági Hatóság rendszeresen végez vagy végeztet kutatásokat, hiszen meggyozodésünk, hogy pártszínezettol függetlenül minden kormány i úságpolitikájának az így szerzett eredményeken kell alapulnia. A romániai magyar atalok körében végzett kutatás az elso ilyen jellegu felmérés, amelyet román költségvetési nanszírozással készítettek. Az adatokat elemezve, összehasonlítva, számomra a legfontosabb következtetés, hogy mind a román, mind a magyar ataloknak pozitív a jövoképe. Nem önmagukban az egyes mutatók biztatóak, hanem a tendenciák. A zetéssel, munkahellyel, közérzettel, kivándorlással, oktatással, általános jóléttel kapcsolatos adatok az elmúlt években folyamatosan pozitív irányba mozdultak el. Ez a politikum számára mindenképpen reménykelto, de nem azt kell jelentenie, hogy elértünk egy folyamat végére. Tovább kell dolgozni a atalok számára biztosítandó lehetoségek bovítésén, és be kell vonni a atalok önszervezodéseit, hogy ezekbol a lehetoségekbol közösen eredményeket lehessen elérni.
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Keywords: Migration of Croats from Romania; Ethnic and labor migration; Minorities;
The paper addresses the relationship between migration and ethnicity in a case of ethnic minorities' migration, unfolding the role of migrant networks and of ethnicity in initiating and developing international labor migration. The analysis is carried out with ethnic Croats from Romania, a small ethnic group whose members first migrated to Serbia, then to Croatia and later to Austria. In these phases of migration, three uses of ethnicity unfolded: ethnicity as access to language, providing easier access to job openings and social ties to locals; ethnicity as legal status enabling access to citizenship, rights and opportunities; and ethnicity as a form of transnational solidarity to co-ethnic minorities, providing access to supplementary forms of social trust enabled by minority organizations. In this context, migrant networks functioned as provider of opportunities in a context where ethnicity was a structuring factor of this migration. In the case under study, two cumulating social resources - social capital and migrants' ethnicity - granted the easiness and success of migration, as well as the economic prosperity of migrants' households.
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The Government Policy // Four hot spots on the Donbas map // Chances to punish the guilty of Maidan crimes fade away // Economic Situation // The World Bank once again lowered forecast for Ukraine’s GDP growth // NBU introduced indicative FX rate // The light at the end of Ukrainian-Russian gas tunnel // Political competition // Petro Poroshenko’s programs at presidential and parliamentary elections are the same // Radical party: there is no such notion as too much populism during elections // “Batkivshchyna” offers to hold negotiations with Russia from the position of a strong power // Security is a major focus of “Civil Position” // Economic focus of “Strong Ukraine” program
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The Government Policy // Patrol police vs corruption in prosecution // More initiative from Kyiv may prevent external scenarios on Donbas // Economic situation // Greece and Ukraine: things in common // Political Competition // A possible scenario of power’s reset in 2016 // The struggle for Dnipropetrovsk, Odesa and Kharkiv //
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PUBLIC POLICIES // INTERNAL POLITICAL DEVELOPMENTS IN UKRAINE: RESULTS OF 2017 AND FORECAST FOR 2018 // UKRAINE’S FOREIGN POLICY: 2017 RESULTS AND FORECAST FOR 2018 // ECONOMIC ANALYSIS // ECONOMIC DEVELOPMENT OF UKRAINE 2017: ACHIEVEMENTS, FAILURES, PROSPECTS
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Keywords: judicial system; corruption; monitoring; methods;
U posljednjih desetak godina intenzivirane su aktivnosti na globalnom planu kako bi se razvili odgovarajući metodološki instrumenti na osnovu kojih bi se omogućilo što pažljivije praćenje rada pravosuđa i što preciznije uočavanje trendova u pogledu uspješnosti pravosudnih institucija u praksi. U fokusu pažnje različitih aktera u pravosuđu sve više su metodologije, kategorije i indikatori koji omogućavaju sagledavanje stanja pravosudnog sistema na različitim nivoima: od stanja vladavine prava općenito do praćenja i mjerenja učinka sudija i tužilaca. Osnovni je cilj ovog teksta prezentirati neke od bitnih problema, dilema i mogućih metodoloških pristupa monitoringu i analizi rada pravosuđa u Bosni i Hercegovini (BiH), s posebnim osvrtom na procesuiranje korupcije kao oblasti koja je već dugo predmet naročite pažnje i domaće javnosti i međunarodnih aktera. Relevantnost i aktuelnost ovog teksta je posebno izražena s obzirom na potrebu redefiniranja ukupnog pristupa praćenju rada sudova i tužilaštava, odnosno sudija i tužilaca u BiH, a u skladu s preporukama relevantnih međunarodnih instanci. Stoga se skica izazova i mogućih načina praćenja rada pravosuđa u domenu procesuiranja korupcije koju će ponuditi ovaj tekst može smatrati skromnim doprinosom tom važnom zadatku koji stoji pred pravosuđem u BiH.
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Keywords: interview; Sead Turčalo; geopolitics; pandemics; COVID-19; work from home; Coronavirus; democracy; autocracy; Montenegro; Church processions;
1. Intervju sa prof. Seadom Turčalo - Geopolitika pandemije: Da li demokratija zaista umire u izolaciji? 2. Pogled iz Srbije: Epidemija korone, autokratije i kineskog čeličnog prijateljstva. 3. Pogled iz Crne Gore: od litija do koronavirusa. 4. COVID-19 i rad od kuće - mogućnosti, šanse i ograničenja.
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Keywords: Russia; Turkey
Natural gas plays a key role in Turkey’s economy and energy sector, with the country’s gas consumption growing in recent years. At the same time, Turkey is fully dependent on imports of this resource, including large quantities from Russia. However, for years it has been implementing a policy of diversification, which has brought tangible results. Along this, it has been expanding its import infrastructure to diversify its gas supply sources and routes, for example by opening more LNG terminals; or by trying to start production of its own gas while curbing domestic consumption.
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