ИНТЕГРИРАНО МОРСКО НАБЛЮДЕНИЕ В ЕВРОПЕЙСКИЯ СЪЮЗ
This report looks at the creation of a maritime surveillance system at the external borders as part of the integrated maritime policy of the European Union.
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This report looks at the creation of a maritime surveillance system at the external borders as part of the integrated maritime policy of the European Union.
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The study of collected historical sources within the framework of comparative historical and legal research provides, first of all, procedures for their external and internal criticism, verification of sources for falsification, and the delimitation for the application of translated historical and legal documents. External criticism of the source is an analysis of the document appearance: paper, handwriting, determination of the time of origin and the circumstances of the appearance of one or another source. Internal criticism establishes its purpose, content, theme, task. It is necessary not only to know about the text, language and terminology, but also to reveal the ideological scheme, practical goals, political tendency of the document. External and internal criticism of the sources, in its essence, is an research of their form and content. Methods for counterfeits identification and critical analysis are closely related to the external and internal criticism. According to the methodology of comparative historical and legal research, the problem of forged documents is extremely important and topical. Any objects of historical and legal comparison are based on certain historical and legal monuments. Ignoring the problem of the existence of a large number of false historical documents and, consequently, the failure of the comparative researcher to identify at the early stage of his work a forgery among the main sources of the research leads to a complete loss of his scientific value. That is why a comparative historian is obliged to have basic general knowledge in the methodology and technique of forged historical and legal documents identification. During the comparative historical and legal analysis there is often a need to use translated historical sources due to ignorance of the original language of the historical document. In this context, it is important to understand that not all translated historical sources are equivalent. It’s one thing when it comes to professional translation done nowadays, the other is when translation is a heritage of other historical eras. If in the first case, it is necessary only to be convinced of the professional interpreter skills that in principle is not particularly difficult to do in the modern conditions of the information society, in another, it is necessary to conduct additional methodological work.
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In the following endeavor we will briefly analyze the concept of rule of law beginning with its historical roots, continuing with its development by presenting the various meanings and contents that it has embraced in its various periods of existence and subsequently explaining the way in which it is understood today along with its social, political and legal implications. As such, we begin by presenting the notion in its Anglo-Saxon, American, German and French sense, upon which we shall close the argument by offering, in a brief approach, some personal reflexions regarding the rule of law in the context on the internationalization and the Europeanization of said notion.
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We can state that today's military power has lost the traditional importance in international politics. So the question that needs to be asked regards the need of re-examination of the way in which national security is conceived. The first justification would be that after 1990 the circumstances have changed, the second resulting from the the collective failure of the schools of international relations to anticipate the final moment of this war. If we take into account only these considerations we can conclude that the problem of the need of a new perspective and a wider uptake of national security becomes progressively stronger. The reconceptualization of national security framed in an international context resulted in the possibility of broadening the concept of security by including in it the threat that belongs to non-military areas, and on the other hand the possibility of deepening the concept of security, whose ,,subject and object of reference is no longer the state, but the human”. If ‘knowledge is power’ it can also be deduced that intelligence is a form of power itself. Intelligence can be a powerful tool for public diplomacy. It adds an element of objectivity to a government’s public appeals, legitimizing its decisions by evidence rather than by ideology or instinct. One of the most enduring definitions of intelligence is that it is a special form of information that allows policy makers, or operational commanders, to make more effective decisions. Intelligence agencies themselves have frequently advanced the claim that their ability to lend a general transparency to the international system improves stability. Also, these agencies not only gather intelligence on world affairs but also seek to intervene covertly to change the course of events. Another controversial aspect of intelligence involves the cooperation between intelligence and security services. In the post Cold War era, two major trends illustrate the evolution of the international security environment: the spread of democracies and the emergence of asymmetric threats. The former focuses on freedom, the latter on security. New democracies must pay close attention to fundamental values and norms that stand at their core, such as respect for human rights and civil liberties, rule of law, and civilian and democratic control. At the same time, they need effective and efficient intelligence to fight the new threats.
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With the acceleration of globalization process and the lifting of trade barriers there has been an increased need for organizations to become more competitive on a dynamic and interconnected market. In this context, the role of economic intelligence is to ensure a steady flow of endogenous and exogenous informations, which, at the disposal of decision-makers, contributes to the adoption of more effective decisions, based on which, a competitive advantage can be obtained. Big and powerful companies were the first to understand the potential of information to increase the value of production factors.Later, by integrating mechanisms into national strategies, countries with advanced economies, managed to achieve and maintain competitive advantages. Presently, it can be appreciated that in the current competitive configuration that defines the international business environment, the need of authorities to develop and implement a national intelligence system based on intelligence departments, is imperative. The development of a public-private partnership aims to create a harmony between the interests of private economic operators and national interests, for the optimal use of resources, and the economic intelligence system has the sole purpose to increase competitiveness through intelligence. The competitive environment of this century has generated an acute need for knowledge from the public side, over the concept of economic intelligence, and an inherent need for knowledge over this concept, for decision makers from strategic positions in public or private institutions.
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As to accomplish thes cientific research based on qualitative and quantitative principles, specialty knowledge in public order, security and safety and professional experience of many years valuing, I structured the thesis in 7 (seven) chapters. They shall include the global threats for public order and national security viewed from an evolutionarily perspective, exhaustively outline the evolution of order and security systems in area of interest of Romania, the actual changes that leads to ensuring and configuring the forces in the system on daily realities basis, certifying the public need of predictables on shor tand medium term reported to the social, economic and cultural domestic and international evolution, with direct consequences in public order and security. Subsequently, the focus is channled to the International European and Regional Organizations, an important component of Romanian diplomacy, of which joined forces are needed to mantain in an environment of close cooperation, in particular as regards police and judicial cooperation. Below are being analysed the six components that are required to achieve this said space of cooperation security and stability, arising out of diplomatical techniques and international relations. The effective police and judicial cooperation in criminal matters must go hand in hand with respect for fundamental rights, in particular the right to privacy and to protection of personal data, always through instruments which had as goal the well being, public order, health, education, preventing illegal migration and economic crimes. This objective can be achieved with the existence of an active diplomacy. This paper has set itself the task of evaluating the international law mechanisms that have an impact in the field of prevention of and the fight against global threats. The following chapter is aimed at addressing the internal land international intelligence liaison, as liaison is becoming thecore of almost all major intelligence operations around the globe, focusing on how it is helping agencies to adapt to new types of threats, cost-effectiveness in terms of money, risks, as well as the political and diplomatic influence it can offer. Finaly, we think we've corroborated some startling first-hand observations, as well as changes needed de lege ferenda
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Taking into account the evolution of the society we live in, of the new regulatory domains which arise with the further development of the society, it is necessary to update also the regulations with regard to this area. Whereas the regulatory standards in the field of the protection of classified information have been developed in the year 2002, it is noticed the need of intervention on the normative framework, not in the sense of its change, but for the purposes of updating it. From the analysis of the current legal framework, but also of the social evolution, we have come to the conclusion that several elements of the legislation are no longer in line with the reality, thus being necessary to amend both the framework law (L182/2002) and its implementing rules (HG585/2002).
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The privacy issue has always been the focal point of attention in different scientific areas. The problem is multidisciplinary and should therefore be treated and observed from different points of view. The emergence of digital technology has rendered the privacy problem increasingly current and significant. In this paper, the author discusses some aspects of privacy in cyberspace (virtual environment), dealing with its legal, technical and psychological aspects. Depending on the types of different services offered to users, there are two new forms of threat: the information collected on individuals through "visible" processing, or data collection without individuals knowing anything about it ("invisible processing"). Various items of user-information are collected 011-line in incoded form. This involves either habits observed in chat rooms or newsgroups, e-mail or directories, and e-commerce (including electronic payment). "Invisible processing" includes connection data or "log file", "traffic data" and "cookies." Protection of personal data in the cyberspace is one of the serious burning issues that must be resolved. Information privacy is a scarce commodity in cyberspace. The technical infrastructure of cyberspace makes it remarkably easy and cheap to collect substantial amounts of information identifiable to particular individuals. Privacy 011 the internet and in the cyberspace is in a fragile state. However, there is new hope for its resuscitation. Providing a web protecting the privacy of data and communication requires a unique combination of legal, policy, technical, and self- regulatory tools.
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The new Constitution of the Republic of Serbia, of 2006, whose implementation is still ahead, envisaged the obligation of elaborating and supplementing the constitutional provisions by means of statutory legislation. The wording of the Constitution (in 206 articles) contains more than 150 references on upgrading the constitutional provisions and their further detailed statutory regulation, which is yet to be adopted. The most frequent phrases used in the Constitution are as follows: "(the matter), is regulated by law"in compliance with the law - in the manner envisaged by the law”, “Under the conditions established by the law", "which is to be prescribed by the law"; "the law is to be adopted", etc. Consequently, an extensive legislative activity is anticipated in, terms of clarifying the diverse aforementioned formulations used in. the Constitution. An extensive legislative activity additionally ensues from the text of the .Constitutional Act for Implementing the Constitution of the Republic of Serbia of 10th November 2006, but it will take place only after all the institutional conditions have been satisfied (by forming the Government and constituting of the National Assembly).In the constitutional development of the Principality and the Kingdom if Serbia in the 19th and at the beginning of the 20th century (which is characterized by six constitutions of the Principality of Serbia, i.e. the Kingdom of Serbia from 1882), the most indicative constitution was the 1869 Constitution of the Principality of Serbia (the so-called Regent's Constitution). This Constitution contained many principled, declarative provisions and a large number of legal gaps. Apart from the political reacts, the declarative nature of these provisions and the legal gaps can be explained by the fact that the Constitution contained 133 provisions altogether. It was supposed to and could be easily compensated by adopting organic acts which would help elaborate and amend the constitutional provisions, and put the Constitution into effect. In the year 1870, five organic acts were adopted in ordinary, legislative parliamentary procedure, in the assembly held for that purpose a year and two months after the adoption of the Regent's Constitution in the Grand Constitutional National Assembly. These acts were: the Act on the Rules of Order in the National Assembly of 1st October 1870, the Act on the Rules of Order in the State Council of 5th October, the Act on the Election of Members of Parliament of 10th October, the Act on the Ministerial Responsibility of 21st October, and the Act on the Press of 23rd October 1870. However, these organic acts exceeded their primary purpose. Not only did they comprise some constitutional provisions but they also changed some of the provisions, neither of which should be allowed.The subject matter of this paper is the analysis of the correlation between the 1869 Serbian Constitution and the 1870 organic acts. The author's intention is to point to possible options in adopting a series of organic acts ensuing from the text of the new 2006 Constitution of the Republic of Serbia.The correlation of the 1869 Constitution and the subsequent organic act of 1870 which enabled the implementation of the Constitution (and generally in the circumstances when the constitutional provisions are of a declarative character, and when the constitution has a significant number of legal gaps which are to be compensated by the statutory legislation), may generate certain flexibility of constitutional circumstances, i.e. bring about quite . different constitutional circumstances under the same constitution. In the first phase of implementing the 1869 Serbian Constitution (in the period from 1869 to 1888), there was a number of occasions when the change of organic acts and the adoption of new political acts created completely new constitutional circumstances under the same constitution. The new constitutional circumstances came as a result and expression of a new political balance of powers, depending on which they could be more progressive or more regressive than the Constitution itself. Another issue of great significance may be that the government could create new constitutional circumstances by adopting its own acts; however, in practice it was also the strengthened National Assembly with clearly articulated political demands that was able to change the constitutional circumstances by passing acts of parliament.Thus, the regressive constitutional circumstances were created by the organic acts of 1870 and the acts of 1884 following the Timok Insurrection, whereas the act from the end of 1875 and the beginning of 1876 as well as of 1881 created very progressive constitutional circumstances, which exceeded the 1869 Constitution.These options make this kind of constitution long-lasting and quite suitable for the governing regimes, particularly in maintaining the regimes which never succeeded or wished to keep up with more progressive social and political developments. This may also contribute to a better understanding of the act of re-enforcing of the 1869 Constitution after the state coup in 1894 by Aleksandar Obrenovic, which eradicated a very progressive Serbian Constitution of 1888.
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The intrinsic reform of the Serbian budgetary system was initiated by adopting the Budget System Act in 2002. This Act, along with other subsequently adopted relevant financial acts, created the necessary regulatory: framework for instituting changes in the field of budgeting The, primary goal of , these activities has been the rationalization of public, expenditures by introducing contemporary budget categories and institutions. The secondary goals have been aimed at achieving tile: microeconomic stability, providing efficient public services and adapting to. the international budgeting standards. A successful reform of the budget system calls for a holistic approach, to all budgetary segments including planning; drafting, adoption, implementation and control of the budgetary revenues and expenditures. In the course of the implementation of the new budgetary regulation in the past few years, there have been considerable problems in managing the budgetary system. The instability of the system has also been demonstrated through the rebalance of the budget and introducing provisional; financing. Given the unsettled constitutional, political and, economic circumstances, the National Assembly and the Government have kept struggling over the control of the budget The predominance of the executive branch of government over the legislative authority has been demonstrated only recently when the provisional financing; was prolonged without legal title. We, have to bear in mind that the effective management of the budgetary process calls for a carefully balanced distribution: of responsibility, between the two institutions and a clearly determined clearly determined long-term strategy to accomplish socially eligible goals in the sphere of public finances.
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Generally, in Europe exists a number of academic and legal opinions that claims that European Union already has a constitution. Actually, it is not a constitution in the formally conventional sense, but rather material constitution that speaks to those social practices that are regarded as the basic norms of the European society. The Court of Justice and national constitutional courts have developed the means to determine the contents of this material constitution of the Union out of the basic constitutional materials (the founding Treaties and the common national constitutional traditions).So, it is not the Constitution in. the traditional, rather static sense of "constitution" being the legal foundation of a classical State. On this basis, the European Constitution is in the making process since the fifties of the last century. Talking about the elements and structure of the European Constitution, thus, includes the national and European level of what is seen as one composed constitutional system, serving the interests of the citizens of the member-states.
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The new Constitution of the Republic of Serbia (2006), with all its advantages and disadvantages, has been exposed to serious criticism it terms of its adoption procedure and contents. The new constitutional regulation of the role of the judiciary and the standpoint that the constitutional solutions overemphasize the influence of the executive and the legislative branch of government on the judiciary is one of the reasons for the author's comparative analysis of the position of the judiciary in the previous Serbian constitutions. The process of establishing an independent judiciary and the continuous attempts of the exponents of the other governmental powers to influence the judiciary are a common characteristic of almost all segments in the development of the Serbian civic state. Such tendencies can be recognized before the first Serbian Insurrection in the requests of the Serbs to the Sublime Porta to establish the privileges of autonomy, which would help the development of the judicial apparatus of the state and the "public institutions" of Serbia during the rule of Milos Obrenovic. But, ever since the Sultan's Hatisheriffs (public law acts with constitutional contents) until the State Coup in May 1903, after which the liberal constitution of 1888 was reinsituted, there was a curved but rising tendency to establish and independent and stable judiciary. In accordance with the contents of the Serbian constitutions, the development of the judicial system was accompanied by the adoption of appropriate legislation, frequently influenced by the underlying state policy. After almost 50 years of developing the judiciary under the influence of the real-socialist and other models created in the period from 1945 to 1990, the 1990s brought a different approach in the development of the legal and judicial system of Serbia. There is a general impression that the solutions contained in the current constitution do not represent a step ahead in comparison to the prior constitutional solutions.
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A consumer, in the widest sense of the word, is a person sui generis who satisfies one's own needs and exercises one's rights in compliance with its specific characteristics and within the framework of the given socio-economic system. Under the European Charter on Consumer Protection, the concept of a consumer entails any natural person who appears on the market outside the framework of one's professional of business activity, purchasing goods and service for one's own needs. Pursuant to the opinions of the European Court of Justice a consumer is a natural person or an association of natural; persons acting through their business or professional activities. In the Consumer Protection Act of the Republic of Serbia, a consumer is defined as any natural person who purchases products or uses services for personal or the household needs. A consumer is also an economic entity, enterprise or other legal person and entrepreneur that buys products or uses services for its own needs. A consumer is concurrently a buyer, but each .buyer does not necessarily have to be a consumer. In the long and difficult history of consumers' struggle to exercise and protect their rights, consumers have gone a long way starting from the Roman principle "Let the consumer be protected" to the present-day proverbial saying "The consumer is always right", which should certainly be observed by every respectable and responsible merchant. Today, consumers have a number of respectable mechanisms for legal protection of their economic, social, health; and other, interests. These mechanisms are laid down both in the national legislation and in the international legal provisions. In the digital world and in the global circumstances of expanding e- commerce, the legal position of consumers has become ever so complex and considerably more vulnerable. On-line purchasing, electronic payment and other available forms of e-commerce generate new challenges and temptations for the consumer, who is already in an inferior position as compared to the seller. In addition to the traditional risks and dangers present in the analogue environment, there are additional risks and dangers lurking in the digital world, primarily pertaining to the endangered consumer's privacy and the increased risk of fraud and harm to the consumer, etc. Accordingly, the question of the position and the role of consumers is highly relevant in the new circumstances of global commercialization and the fact that the world we live in has been progressively turning into the global consumer society. Thus, the postulation that "the consumer is always right" is hardly ever questioned nowadays; instead, the new circumstances have given rise to another question: what will eventually happen to the consumer - will the consumer survive or be "consumed" by the currents of the consumer society.
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Tax procedure is a special administrative procedure which is administered by the tax authorities for the purpose of solving administrative taxation matters. The rules of procedure applied in adjudicating taxation matters may be divided into two groups: general rules of taxation procedure, pertaining to all forms of taxation, and special rules of taxation procedure, concerning specific forms of levying and collecting taxes. These rules point to the complexity and the importance of the taxation subject matter in the present circumstances, and make the taxation procedure the most developed special administrative procedure in the Serbian legislation. As they regulate the activities of all participants in taxation, these rules of taxation procedure have a substantial impact on the efficient implementation of the taxation system. Taxation procedure in the Republic of Serbia rests on the observance of the principles prescribed in the Taxation Procedure and Tax Administration Act (lex specialis derogate lege generali) and other principles of the general administrative procedure, as these principles are not mutually exclusive. After a general consideration of the taxation procedure, the author of this paper correlates the principles of taxation procedure to the administrative law principles as defined by the European Court of Justice, which set standards for the activity of state authorities of the EU-member counties and constitute the elements of the European Administrative Space. As our country is a candidate for joining the European integrations, our positive taxation law is in the process of harmonization with the European Union taxation law. The observance of the European Administrative Space principles pertaining to tax administration procedure by the tax administration of the Republic of Serbia points to the capacity of the Serbian tax administration to fully implement the national tax law which has been harmonized with acquis communautaire in the field of taxation. The administrative aptitude to undertake the obligations arising from the EU membership has become, in general as well as in the field of taxation, an important criterion for the accession into the EU membership. The importance of having relevant administrative capacities has been clearly emphasized today, more than ever, as a condition for the EU membership.
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In mid of July 2006, the general public was informed that the Serbian National Assembly enacted 274 acts of parliament In this paper, the author examines which percentage of these acts has actually, been implemented, and observes the possible modalities in terms of interpreting these acts. The implementation of the enacted legislation is a very important legal and political process because it is based on the powerful and ever-so-significant principle by citizens' legal safety. The transitional processes in the Republic of Serbia have been ongoing for a while, occasionally slowing down or drawing to a standstill, enabling or completely disabling the real and consistent implementation of enacted legislation. In conclusion, the author provides specific recommendations for improving the efficiency both in the process of adopting legal rules and in their ultimate implementation.
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The purpose of this paper is to consider the function of the St. Thomas Aquinas’ authority in the Valladolid Debate. Both of its participants refer to his writings, although in strategically different ways. Within this tradition, Las Casas can express his own ideas, by introducing a new concept – the relativity of the law – into his apparently exact reconstruction of Aquinas’ thought. It is particularly possible by means of putting the auctoritates in their historical context and showing the novelty of the actual context, the reality of the West Indies. Then Las Casas can use the thomistic idea of an internal act, in which he distinguishes the general synderesis from the judgment of consciousness and presents the latter as the result of the filling the general concept with concrete, culturally relative data.
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The article presents a recently found set of Tatar documents from the collection of the Kondratowicz Family, preserved in the Lithuanian Archives of Literature and Art (Lietuvos literatūros ir meno archyvas). The set is made up of thirty-eight documents from the period between the mid-seventeenth to the early eighteenth century, and one document from the mid-sixteenth century. They all concern the Tatar community from the neighbourhood of Niemież (Nemėžis) in the palatinate of Wilno (Vilnius). They include, among others, charters containing grants of land, land leases, and other land transactions, last wills, court cases, various certificates for Tatars serving in the army. The most valuable information is included in documents pertaining to everyday life, relations within the community, and a financial and legal position of Tatar women. An analysis of the documents made it possible to establish that the set is made up of documents only in their small part employed by the well-known text by Władysław Syrokomla text Wycieczki po Litwie w promieniach od Wilna (Travels in Lithuania around Wilno), published in the mid-nineteenth century. Thus, special attention is paid to the documents omitted by Syrokomla.
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So-called ‘instruction estates’ were a special type of landed property. Originally, they belonged to the State Treasury or were confiscated from participants in the January Uprising of 1863–1864. They were sold out under the ‘Instruction of 23 July 1865’ to persons of Russian origin as an incentive for them to permanently settle in the Western Gubernias. ‘Instruction estates’ have attracted the interest of Polish, Russian, Belarusian, and Lithuanian historians specializing in the ethic policy of the tsarist authorities in the territory of the former Grand Duchy of Lithuania in the second half of the nineteenth century. The article’s purpose is to show the present state of research into ‘instruction estates’ and put forward new research hypotheses.
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Empirical data suggest, that in many situations people are not able to estimate the probability of events on the base of available information in a way consistent with the normative model. This fact influences the choice of conclusions which are considered to be rational. The article outlines the factors that may affect the assumed value of a priori probability and – indirectly – the value of a posteriori probability. All these factors will be collectively referred to as the parameter j. Its value depends on the context in which the reasoning is made. In the article I show, that a critical assessment of our reasoning is not always justified.
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