НАДЛЕЖНОСТИ ЕВРОПСКЕ УНИЈЕ У ОБЛАСТИ СПОРТА ДО 2015. ГОДИНЕ

Author(s): Marko Begović,Ivana Parčina / Language(s): Serbian Issue: 1/2021

For the sake of a more adequate understanding of meeting public needs through the field of sports, which is often a constitutional category among the Member States, it is necessary to take into account the positioning of sports in the strategic framework of the functioning of the European Union. The basis for looking at this issue stems from the Treaty on the Functioning of the European Union, which predicts specific competencies regarding the implementation of coordinated policy in the field of sports, as well as a number of documents that were created on the fundamental values of sports, established by the European Sports Charter and the Code of Sports Ethics. For national policies, the EU competences are of importance in view of the process of harmonization of legislation with the acquis communautaire, regardless of whether it is a special piece of legislation in the field of sports, i.e., lex specialis or the mentioned field is regulated by the lex generalis on the other side. In practical terms, the underlying purpose provides iure imperii, which includes in extenso subjects starting with the ratio materiae.

ОРГАНИЗИРАНА ПРЕСТЪПНА ГРУПА ИЛИ СЪУЧАСТИЕ. ЯСНАТА НОРМАТИВНА УРЕДБА – ГАРАНЦИЯ ЗА РЕАЛИЗИРАНЕ НА АКТУАЛИЗИРАНАТА СТРАТЕГИЯ ЗА НАЦИОНАЛНА СИГУРНОСТ НА РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Kalina Chapkanova / Language(s): Bulgarian Issue: 1/2022

The fight against organized crime and overcoming its negative consequences is set as a main goal in the updated National security strategy of the Republic of Bulgaria with a time horizon of 2018-2025. Correctly defining and distinguishing the concepts of organized criminal group and complicity is extremely important for law enforcement and the fight against organized crime In practice, the concepts of organized criminal group and complicity are often confused. This report aims to present in a short version the main difficulties in differentiating the concepts and present authors own view on the problem.

Titu Maiorescu în fața instanței documentelor PARTEA a II a „Viața dublă a lui Titu Maiorescu”

Author(s): Valentin-Stelian Bădescu / Language(s): English,Romanian Issue: 1/2023

They are secrets that you can share with someone close to you. There is a time for revelations and another for absolute silence. A man who possesses a certain culture knows how to behave in both situations. Therefore, the secret is not a lie. In the case of Titu Maiorescu, things are much more serious, it seems that we are dealing with an unimaginable imposture, that of a traitor to the Romanian nation. As a civilian and as a professor of philosophy, Maiorescu would have needed a moral minimum. As a Christian and knowledgeable in the philosophy of science, it would have been necessary for this morality to roughly agree with the Gospel. His venerable philosophical wardrobe offered him nothing like it, especially since he had the "shining" example of his father about whom so little was known, so that Maiorescu fabricated his morals with his head and hands. The first thing he had to do was remove morality with hedonism. If we admit that actions are committed for pleasure and self-interest, altruism no longer has a solid basis, and morality is no longer imperative or universal. Indeed, he who does not feel pleasure in doing good to others is not obliged to do it, and as everyone pursues his own interest and all interests are personal and transitory, our hero has perfectly accommodated himself to the "freedom" to betray. Lord, it was not the barbarian hordes from outside that suffocated us and are still suffocating us, but those from within! "Buyers"! those who - for how many bags of silver? - they sold our country and now they want to sell us what this nation has never put on the world's stall, its soul! These "buyers" who put on the stall of the "history of betrayal of the Romanians", not only the natural resources of Romania but, in a criminal and unprecedented way, the inestimable wealth of the soul. We were invaded by those "ours", changed forever! Those "others" in our bosom! Lethal carriers of the chromosome message of forgetting everything that is Christian and Romanian. Real tumors have attacked and continue to attack even today, openly or silently, as if in a terminal phase, the dying body of this Romanian holy land.

Obowiązek alimentacyjny w prawie materialnym i prawie prywatnym międzynarodowym Ukrainy

Author(s): Mariia Zeniv / Language(s): Polish Issue: 31/2022

The article presents an analysis of the provisions of substantive law and private international law in force in Ukraine regarding the maintenance obligation, as well as their application in judicial practice. When presenting the issues regarding determination of the law applicable to maintenance obligations, the author first refers to the possibility for the parties to choose the law applicable to maintenance obligations. Further attention is devoted to the determination of the applicable law on the basis of objective connecting factors to be considered by default when parties have not chosen the law applicable. General issues of private international law, such as circumvention of law and public policy clause, are also addressed in this context. It has been underlined that in addition to the domestic law on private international law, the conflict-of-law rules are contained in bilateral international agreements on legal assistance and legal relations in civil matters binding on Ukraine, and in the 1993 multilateral Minsk Convention, which has a regional scope of application.

"GRUNDRISSE” И МАРКСОВ КОНЦЕПТ АНТИЧКОГ ТИПА ПРОИЗВОДЊЕ И ЗЕМЉИШНЕ СВОЈИНЕ

Author(s): Sima Avramović / Language(s): Serbian Issue: 1-4/1983

In Marx’s „Grundrisse der Kritik der politischen Oekonomie”, there are, besides prevelantly economical and philosophical discourse, also certain historical, and legal problems, and especially the question of the form of production and ownership over land in the pre-capitalist era. Laying emphasis on three such forms preceding capitalist production (as!atic, classical and german), Marx studied the classical type of production and ownership over land mainly on the basis of data on the Roman empire and law. This concept of his can be summarized in several main components, namely: that the classical type of production is characterised bu the concentration of permanent residence in the city-state, which is the basis of military organization; that the members of the community are engaged both as small farmers and soldiers; that as such they enjoyed equal rights; also, that the classical type of ownership over land is characterized by the fact that ownership over land was both state ownership and private ownership. In his work, the author, analysing the sources on the Greek state and law, published after Marx’s death, concludes that Marx’s concept of the classical form of production conforms to a considerable extent to the data on the oldest known history of Greek law. However, pointing out the non- -existence of individual private ownership over land in Greek, and especially Dorian, polises and connecting Marx’s concept of the classical form of ownership over land in the „Grundrisse’’ with the one set out in the „German Ideology”, the author is of the opinion that this dualism of form of ownership over land Marx atributed — that is, thought that it should be atributed — predominantly to the so-called secondary form of the classical type. Its main form would, at least according to Greek sources, be more characterised by collective ownership of the community, in other words, family ownership over land, accompanied by the lack of individual private ownership.

THE EUROPEAN MONETARY UNION

Author(s): Nikola Dragojlović / Language(s): English Issue: 1/2004

European integration that includes common economic and monetary policy came through long-lasting evolutionary process. Passing though different steps free trade zone, customs union, common market, single market, monetary union with a single monetary policy and a single currency, it moves into one broad economic union that will deepen the cooperation between the European countries. Foundation of the European monetary union (EMU) required creation of the institution and mechanisms for managing and applying a single monetary policy at the euro area as far as running the euro exchange rate policy. The EMU was achieved in three steps: stage one, that has goals to complete freedom of capital movement and increased co-operation between central banks stage two, during which the European monetary institute (EMI) was established, and introduced ban on the granting central bank credit to the public sector, process leading to independence of national central banks; and stage three, that formally started on 1 January 1999 when the European central bank (ECB) started to operate, marked with beginning of use of a single currency - euro in a daily life (euro denominated banknotes and coins are put into circulation on 1 January 2002). Moment when euro banknotes and coins entered in circulation is a great landmark in the European history. Euro is not only legal tender, but much more. It is a cohesion factor that contributes to creation of feeling that all nations are belonging to the European family and European civilization.

U SUSRET JEDINSTVENOM GRAĐANSKOM PRAVU EVROPSKE UNIJE

Author(s): Manfred Dauses / Language(s): Serbian Issue: 1-3/2003

PRIORITETI U HARMONIZACIJI DOMAĆIH PROPISA SA PROPISIMA EVROPSKE UNIJE U OBLASTI ENERGETIKE

Author(s): Dragan Kostić / Language(s): Serbian Issue: 2-3/2002

The system of regulating the performance of electricity industry activities, which is contained in domestic regulations, and the system established by the EU Directive on the internal market of electricity are in complete disparity. The difference in approach to editing this matter lies in completely different conceptual approaches. While the domestic legislation focuses on the unique organizational form in which the electrical company operates, the EU regulation, leaving in principle the possibility of the continued existence of the so-called of vertically organized companies, it practically reduces those companies to an organizational scheme according to which the obligation of separate organization is determined for each of the activities. Differences occur especially in the segment of authorizations that are transferred to individual sectors within the electrical industry. In this sense, solutions on the mandatory existence of the so-called operator of the transmission, i.e. distribution system, about which there are no provisions in the domestic regulations. The concept of a vertically organized company, with strongly enhanced centralized functions and the dominant influence of public authorities, does not follow either the normative solutions or the spirit of the EU Directive. This comes to the fore especially in the area of "access to the system" provisions. These provisions simply do not exist in domestic legislation. On the other hand, the provisions of the EU Directive are not an obstacle to maintaining solutions that will enhance the public interest, for the orderly and continuous performance of electricity industry activities, as well as for the adoption and monitoring of the implementation of plans, which ensure optimal interest from development of this activity. There is also no obstacle to determining the obligation to supply electricity to certain categories of consumers, as a permanent obligation under particularly favorable conditions. However, the realization of these possibilities must be placed in a different context of relations than is the case now. Bearing in mind all of the above, it can be stated that the domestic regulations in this area are not in agreement with the EU regulations in organizational, organizational-status, regulatory and functional aspects. The difference is of a conceptual nature, and in that sense it would require the definition of a completely new concept of the domestic system of regulations in this matter. In this regard, it is necessary, first, to regulate the matter from the currently valid Law on the Electricity Industry in an appropriate manner, and then, on new legal bases, to pass accompanying regulations such as, for example, General terms and conditions for the supply of electricity and the Tariff system for the sale of electricity, which are also not in accordance with EU regulations, but which base their validity on the provisions of the currently valid Law on the Electricity Industry.

Rozwiązywanie sporów z zakresu prawa własności intelektualnej na drodze mediacji i koncyliacji

Author(s): Katarzyna Grzybczyk / Language(s): Polish Issue: 30/2022

Mediation and conciliation, like arbitration, belong to alternative methods of dispute resolution, but they are more demanding as they assume the cooperation of the conflicting parties in reaching an agreement. In general, these methods can be used to resolve disputes in almost any area, but this paper only focuses on IPR disputes. This is for two reasons. First, it is an area where alternative methods are relatively rarely used, at least in Poland, although they are promoted and recommended by the World Intellectual Property Organization (WIPO) and European Union Intellectual Property Office (EUIPO). Perhaps the reason is the low awareness of such possibilities. Second, the planned amendment to the Polish Industrial Property Law Act introduces a new instrument — conciliation, so it is worth not only describing it, but also making a comparison with the already regulated mediation. It seems that the choice of the method of dispute resolution made by the legislator is justified, because although the general term intellectual property law is used, the differences between copyright and intellectual property law are enormous. From the point of view of the subject of the study, the most important is the way in which protection is created, which also determines the freedom of the parties in the scope of out-of-court dispute resolution. Where a right is created or terminated by a decision of the Patent Office, there is less freedom. Conciliations with the participation of a specialist are to help the parties in a conflict resolution that takes these limitations into account.

Transgraniczne przekształcenia (zmiana formy prawnej) spółek w prawie prywatnym międzynarodowym — zagadnienia wybrane

Author(s): Arkadiusz Wowerka / Language(s): Polish Issue: 30/2022

This paper delas with the selected issues of cross-border conversions of companies in private international law. Conversion is one of the forms of transformations of companies. The basic form of cross-border transformations mostly used by companies are mergers. However, as evidenced in particular by the judgment of the Court of Justice in the case of Polbud, also the change of the legal form is an institution of interest and present in the practice of cross-border activities of companies. In the foreground are the conflict of laws issues arising under private international law, in particular the question of the law applicable to the cross-border change of the company’s legal form. In order to answer this question, a definition of a conversion under the private international law has been provided. A cross-border conversion of a company must be distinguished from a cross-border transfer of the seat of the company as a connecting factor, as they are two completely different operations governed by different conflict-of-law rules of private international law. In the case of Polbud, there are serious doubts as to whether there was a cross-border conversion or cross-border transfer of the company’s seat. The law applicable to cross-border conversions is determined on the basis of the principle of combination or unification of the personal statutes of the state of the exit form and the state of the intended form of the company. Under this principle, however, the application of both legal systems is problematic. Useful guidelines are provided by the model expressed in art. 86c in connection with art. 86q of the directive on certain aspects of company law. The scope of application of the law applicable to cross-border conversions is determined by both leges societatis in question. Cross-border conversion operations also arise qualification problems related to issues such as the protection of creditors, minority shareholders and employees. The harmonized substantive provisions of the directive on certain aspects of company law make it easier to carry out cross-border conversions in the European dimension. The existence of such harmonized norms removes the barriers resulting from the applicable substantive law based on various principles and rules and makes the conflict-of-law issues then practically of secondary importance.

Kapelan więzienny: osoba godna zaufania czy wykonująca zawód zaufania publicznego? Rozważania na tle wykonawstwa kary

Author(s): Jerzy Nikołajew / Language(s): Polish Issue: 40 (4)/2022

The prison chaplain is an institution unknown to the provisions of the Executive Penal Code but it does appear in implementing rules issued on the basis of this act. It should also be noted that prison chaplains may be appointed by convicts as their representatives who are persons worthy of public trust (Art. 42(1)). On the other hand, legal scholars and commentators and also decisions of courts, especially of the Constitutional Tribunal, do not treat prison chaplains as persons of public trust. In addition, this subject matter may also accommodate persons who are not clergymen; this applies in particular to those religious associations in which the religious doctrine does not stipulate clerics. It also worth emphasizing that prison chaplains who are clergymen de facto perform a profession of public trust, although they do not meet all requirements of this category of persons. However, this does not change the fact that the public may participate in the execution of a solitary confinement sentence and in the implementation of social re-adaptation tasks by representatives of churches and other religious associations with unregulated legal status, even when they are treated only as trustworthy persons. The aim of this study is to answer the question asked in the title by taking into account provisions of state law and also internal law of religious associations. The problem carries exploratory value and also implies consequences for the practice of applying the law.

Zawód zaufania publicznego z perspektywy zawodów medycznych – rozważania terminologiczno-definicyjne

Author(s): Iwona Wrześniewska-Wal / Language(s): Polish Issue: 40 (4)/2022

The article presents an attempt to systematize medical professions, their grouping and role in the health care system. The research uses methods of logical and linguistic analysis and of interpretation of administrative law acts, with particular emphasis on the regulations on people providing health services. It has been shown that the lack of a clear definition of the medical profession makes it difficult to assess the increasingly broader competences of individual medical professions and them taking over some responsibilities and to establish boundaries between professions. I present basic issues that refer to regulated, free and independent professions. The analysis is carried out from the point of view of protection of security, of reservation of public security points and of an analysis of checkpoints from the point of view of health protection.

Uwe Wesel, Wozu Latein, wenn man gesund ist? Ein Bildungsbericht, C.H. Beck, München 2022

Author(s): Maciej Jońca / Language(s): Polish Issue: 40 (4)/2022

Alternative Dispute Resolution as a Factor for Internal Dimensions of National Security

Author(s): Mladen Mladenov / Language(s): English Issue: 1/2023

The security of the fundamental rights and freedoms of citizens (legal certainty) is an important component of the internal dimensions of national security, because it is directly related to the law and order in force in the country. The legal system is a visible feature of the sovereignty of the state, expressing its power through the so-called "jurisdiction". It represents the entire set of powers of public institutions (such as creatures of the state or local authorities) in functions of legislature, executive and judiciary. Alternative dispute resolution methods are applicable to solve disagreements of a different nature, leading not only to the closure of existing disputes, but also to the future disputes. This provides a solid basis for legal certainty, understood as consistency and predictability, by setting clear contours of legal statuses and relationships. ADR should definitely be considered as part of the toolkit for the functioning of the national security system because it leads to conflict cessation, saving of financial resources and time, and as an ultimate result - a sense of confidence among the disputing parties, satisfaction with the idea of reliability and the integrity of their rights and freedoms, as well as a sense of general safety and security.

OSVRT NA 'EVOLUCIJU DRUGOG I TREĆEG STUBA SARADNJE' EVROPSKE UNIJE

Author(s): Duško Lopandić / Language(s): Serbian Issue: 1/2001

With this brief overview, we have tried to indicate that the second and third pillar of cooperation are undergoing the most dynamic changes in the context of constant changes in the legal system. Almost after every meeting of European Council, i.e., at least once a year, there are new reforms in practice. Seen from the point of view of the coherence of the overall EU legal system, there is a trend towards approaching the methods in the second and third pillar of cooperation the procedures of the first pillar of cooperation. However, for now one cannot speak of equalization between the first, second and third pillar. If the third pillar of cooperation is analysed more closely, it can even be concluded that it is a specific legal system, which is somewhere halfway between the EC procedures and classic intergovernmental cooperation. Thus, regardless of the various proclamations about simplifying the system, the EU is becoming an increasingly complex organization ('Schengen', the possibility of 'flexibility', exceptions from Chapter IV regarding the jurisdiction of the Court, etc.). It can be said that it is an objective trend, caused by the objective size and complexity of the organization. It remains to be seen to what extent this trend will be deepened or continued in the future changes prepared by the Conference on the Future of Europe, as well as in the framework of the EU enlargement procedure.

EVROPSKA UNIJA I JUGOISTOČNA EVROPA

Author(s): Branislava Alendar / Language(s): Serbian Issue: 2-3/2000

In everything that happened between the Federal Republic of Yugoslavia and the European Union during the 1990s, it remains indisputable that the FRY adapts to EU regulations and standards and strives to preserve trade and economic relations with partners from member states. That fact, along with the other fact that the intention expressed in the Declaration of the SFRY Assembly has never been officially abandoned, what is more, that the intention to realize the goals outlined in the Declaration has been expressed on several occasions from official positions speaks about the economic and political inevitability of cooperating with the European Union. Substitution of trade partners is possible, but substitution of the most important trade partner is far more difficult. It takes more than a decade, which is confirmed by the example of FRY-EU relations. The problem of FR Yugoslavia in the context of subregional cooperation and its inclusion in European integration remains open. A 'stalemate' has been created between the authorities in the FRY and the European Union. The European Union has set the conditions, but it does not expect the authorities in the FRY to achieve them, considering the declared assessment of the character of that authority and EU’s attitude towards its holders. At the same time, the government in the FRY, even if it is ready to fulfil some of those conditions, does nothing officially in that direction. In this situation, the citizens of FR Yugoslavia are hostages of the current policy in relation between FR Yugoslavia and the European Union. The same can be said for the citizens of the subregion of the Western Balkans, who suffer the consequences of the policies of their national political elites, which keep them all together in the furthest position from the centre of European development - the European Union - even though they are geographically between the EU member states themselves and accordingly see their place within its borders.

PROGRAMI EVROPSKE UNIJE ZA RAZVOJ TURIZMA

Author(s): Sonja Paunović / Language(s): Serbian Issue: 2-3/2000

The future development of tourism in the European Union was accompanied by a series of parallel and very important positive changes, such as: the increase of the living standard of the population, free time, increased demand for vacations and activities during vacation, traffic development etc. The initial incentive to the development of tourism and the overall increase in tourist movement was given by basic principles on which the European Union is based - starting from freedom of movement, through freedom of movement of goods, services and capital - to connecting and creating a world without borders.In order to create of the common tourist market of the European Union, at the local, regional and national level, it is gradually developing legislation, procedures, methods and everything else that can encourage greater engagement of capital, that is, private and state investment in tourism.

PRAVO ZAPOŠLJAVANJA I SOCIJALNA PRAVA U EVROPSKOJ UNIJI, S POSEBNIM OSVRTOM NA PRAVA RADNIKA IZ TREĆIH DRŽAVA

Author(s): Brana Marković / Language(s): Serbian Issue: 1/2000

The author presents the following aspects of the European Union social policy: freedom of movement of labor force, employment and remuneration, equal treatment for women and men, vocational training, the improvement of living and working conditions, health protection and safety at work, social protection, freedom of association and collective bargaining, and information, consultation and participation of workers. It is pointed to the mechanisms EU applies in coordination and possible harmonization of some aspects of the social policy at the national or Union level. A separate part of the article is devoted to the necessary changes Central and Eastern European countries, including Yugoslavia, should make in the sphere of social policy in the preparation for their possible integration into EU. The author concludes that in some domains of social policy our country is formally closed to EU standards. Because of present conditions in our country, the difference between formal declarations and reality is, however, so deep in many aspects. If FRY strives to become an associate member or full member of EU in the near future it is necessary to make changes and adjustments to the requirements and standards of EU in the sphere of social policy as a whole.

EKOLOŠKA INFORMACIJA U ZAKONODAVSTVU EVROPSKE UNIJE

Author(s): Vid Vukasović / Language(s): Serbian Issue: 2-3/1999

The right to access to environmental information is one of the most important issues today in general as well as in the EU environmental legislation. It is closely linked to many other fields but especially to the protection of human rights. The article deals with the attempts within the frame of EU to regulate this matter. Several documents dealing with the right to access to environmental information have been accepted within the framework of the EU. Besides that the Union has been engaged in the process of regulation the issue on the pan European level, the result of which has been the acceptance in 1998 of the Convention on Access to Environmental Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) which has become a part of EU environmental law due to the fact that the Union has become a party to it. Although the mentioned EU documents as well as the Aarhus Convention deserve criticism they are, generally speaking, a step forward in the field. The very fact that the right to access to environmental information has been accepted and included in binding documents is certainly a positive development for both environmental law and the whole field of human rights protection, provided that they are further improved in not so distant future, from several points of view and especially when the weak compliance mechanisms and the long list of exemption of information are concerned.

FUNKCJONOWANIE AUTONOMICZNYCH SYSTEMÓW ZBROJNYCH W KONTEKŚCIE REGULACJI MULTILATERALNYCH

Author(s): Gabriela Garcia Vera / Language(s): Polish Issue: 1/2023

Objectives:The aim of the article is to present the issue of autonomous weapons systems in the context of creating multilateral legal regulations. For this purpose, the article, due to the lack of legal regulations regulating the use of this type of weapons, refers mainly to international disccusion taking place on the forum of the United Nations Convention on Certain Conventional Weapons, considered the most important source of the global debate on the autonomy of weapon systems and already existing legal solutions concerning this issue.Material and methods:Due to the legal nature of the article, two research methods will be used. As the basic legal comparative method aimed at analyzing the issues concerning the functioning of autonomous weapons systems based on various state concepts developed during international meetings, and as an auxiliary - historical method, which will allow for a better understanding of the axiological foundations of the proposed legislative solutions.Results:The result of the considerations is to indicate that regulating the issue of autonomous weapons systems at the international level is extremely problematic, because on the one hand, it is necessary to strive to introduce binding and rigorous regulations so that their development and use do not lead to serious humanitarian threats or the creation of legal loopholes in responsibility, but their definition should not impede progress or access to appropriate technologies for peaceful purposes.