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Result 1-20 of 7337
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"BREXIT" - повлачење Велике Британије из Европске уније

"BREXIT" - повлачење Велике Британије из Европске уније

Author(s): Bojan Milisavljević / Language(s): Serbian Issue: 61-62/2017

This paper analyzes the main reasons for taking Britain out of the membership in the European Union. After this, the paper presents a procedure for leaving the membership after a referendum in the UK. Particular attention is paid to the potential issues that will arise during the negotiations and some possible scenarios of further relations of Great Britain and the European Union after Brexit are presented. Until recently, even the European Union did not foresee the possibility of membership withdrawal. This is foreseen only with the Treaty of Lisbon. One of the four largest and most influential countries of the European Union decided in a referendum to leave the membership of this organization. This event was only confirmed by the long-standing feeling that the British were not happy with participation in the European Union and that they had no clear conviction about the benefits of that membership. Although this country has been outside of some important European Union policies, its emergence from the membership is a major challenge with some predictable and probably some unpredictable consequences. Due attention was paid to the participation of Great Britain in the enlargement process of the European Union during the negotiations on the exit from the membership and the position of the Republic of Serbia in this regard. The author analyzed the consequences of the withdrawal of Great Britain for the process of enlargement of membership and pointed to two possible trends. It was concluded that after leaving the membership of the European Union, the United Kingdom will remain closely linked with it, both in economic terms and in terms of conducting foreign policy. It is likely that relations between the European Union and the United Kingdom after Brexit will be close, but the question of the application of Community law after Britain leaving remains. Furthermore, it would be interesting to see how will be completed and executed processes and judgments of the European Court of Justice, which will start before but terminate after the British withdrawal from the membership. Formally such judgments should be made, but it remains to be seen how it will end the negotiation process. Regarding the process of accession of new Member States, it is certain that Brexit will either delay the entry of new members, or the potential for new countries to become the members of the European Union will be higher than before. The active participation of the United Kingdom in the process of accession to membership is somewhat inappropriate when this country is irreversibly on its way out of the European Union.

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"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis
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"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis

Author(s): / Language(s): English

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

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"Dialogue" of the High Courts CJEU – CCR – HCCJ, regarding the prescription of criminal liability
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"Dialogue" of the High Courts CJEU – CCR – HCCJ, regarding the prescription of criminal liability

Author(s): Tudorel Toader / Language(s): English Issue: 01/2022

The constitutional order is ensured by the jurisprudence of the constitutional court. The Court of Justice of the European Union cannot call for violation of the balance between state powers, nor for non-compliance with the principle of legality. The Supreme Court cannot disregard the case-law of the the Constitutional Court of Romania, it cannot establish the existence of a systemic risk, it cannot violate the principle of legality. The competences of the three High Courts are complementary without any collision.

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"DUG I KRIVUDAV PUT" SRPSKOG PRAVA (NAZAD) U EVROPU

Author(s): Stefan Pürner / Language(s): Serbian Issue: 68/2014

In this article, the author analyses the development of law of the SFRJ and the contemporary Serbian Law since the 1980s up to date in selected areas of law, and examines how “European” it has been throughout this period. In this context, the term “European” is not to be understood in terms of harmonization with the acquis but rather as a pre-stage in this course which implies a general orientation towards continental European principles and openness towards other European states (in particular, concerning the legal provisions on foreign investment). The analysis has yielded the following conclusions: Under a “socialist layer” (including, for example, the Constitution of SFRY, the Law on Associated Labour and some provisions of the Criminal Law such as Article 133), the law of the SFRJ in the 1980s was much more European than it is actually known in Western Europe. The examples may be found in the substantive provisions of the 1978 Law on Obligations and in the field of procedural law, particularly in the Law on Civil Procedure was tailored upon the model of the Austrian Civil Procedure Code (called the “Klein`sche ZPO”). Moreover, in the field of constitutional and administrative judiciary, the SFRY was not only ahead of the other socialist countries but also ahead of a lot of other Western European countries. The opening towards other European states was also reflected in the legislation on foreign investment. In this context, it is worth noting that the SFRJ was the first socialist state which enacted such legislation as early as in 1967. By enacting the Law on the Social Capital and the Law on Enterprises, the SFRY began the transformation of its legal system in 1988, well before the fall of the Berlin wall and considerable earlier than the traditional socialist states. For these reasons, it is justified to say that the law of the SFRY and Serbia during the socialist time was (underneath the layer of socialist law) already more European than a foreign observer might assume. Therefore, Serbia would actually have a good starting position for a further “Europeanisation” of its law. However, there have been some developments lately which seem to leading Serbia in the opposite direction. Namely, in the field of Company Law and particularly Criminal Procedure Law, the Serbian legislator has introduced some elements of the Anglo-American law. Not only does it make the Europeanisation of the Serbian Law more difficult but it is also inconsistent with the Serbian legal tradition. It additionally causes superfluous discrepancies and contradictions in the Serbian legal system. The author concludes that Serbia would be better off if it would only listen to the many voices from Serbia and remember its own European tradition, instead of following foreign advisors urging for the change the legal system or at least the isolated transplantation of particular legal institutes which are fully inconsistent with the Serbian legal tradition and, thus, stand out like “aliens” in the Serbian legal system. Ultimately, the road from Serbia to Europe does not go through America, either geographically or in terms of law.

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"NASCITURUS PRO IAM NATO HABETUR QUOTIENS DE COMMODIS EIUS AGITUR". РИМСКОТО ПРАВИЛО И СЪВРЕМЕННОТО МУ ПРИЛОЖЕНИЕ

"NASCITURUS PRO IAM NATO HABETUR QUOTIENS DE COMMODIS EIUS AGITUR". РИМСКОТО ПРАВИЛО И СЪВРЕМЕННОТО МУ ПРИЛОЖЕНИЕ

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 2/2017

The report presents the rule "Nasciturus pro iam nato habetur quotiens of commodis eius agitur" as it exists in Roman legal texts in relation to the ancient Greco-Roman concept of personae, different from that which we conceive today. In this context, the capacity of human embryo to be subject of right comes from social, religious, medical, moral and especially legal recognition. We discuss some of the heritage aspects of this rule, as well as the issues of early human life, abortion, infanticide and murder of pregnant women, recognition of the newborn by the father, State, etc. Some decisions of the Roman jurisprudence are surprisingly topical and are part of many discussions on its bioethical and legal aspects.

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"The Confined Woman of Poitiers” and the Guarantor's Position of the Brother
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"The Confined Woman of Poitiers” and the Guarantor's Position of the Brother

Author(s): Cristina Nicorici / Language(s): English Issue: 02/2021

The concept of the state penalizing a person for his or her failure to act must be understood and analyzed as more than criminal responsibility for something that a person has failed to do. The idea that, unless a person complies with the obligations imposed by the state and acts accordingly, he or she will receive a court sentence, is related to the principle of legality in criminal law, individual liberty to act, and the rule of law. This article will underline the concept of improper omission, and how the criminal liability for improper omission is affecting the principle of legality in the perspective of the French criminal law theorists. In contrast with other European countries that have a long-standing tradition in accepting and analyzing criminal omission (such as Germany or Spain, for instance), in France, the idea of criminal responsibility for an omission that is not expressly regulated by the law was rejected. This longstanding position is based on a famous case – law that was very popular and is still mentioned by the theorists of criminal law when talking about responsibility for omission (known as the "Poitiers Case"). This decision, however, besides being an important case-law for the French criminal law, raises a problem that has not been solved even in the systems where the commission by omission is accepted. The main question that must be answered is whether a brother has a guarantor's position, or, in other words, has a duty to act, if his sister is in danger, and in this article, I present the main ideas developed as an answer to this problem.

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"Војни Шенген" Европске уније - могућности и перспективе

"Војни Шенген" Европске уније - могућности и перспективе

Author(s): Milan Ranković / Language(s): Serbian Issue: 67/2019

The Schengen Agreement has allowed the free movement of goods, people, services and capital as four basic freedoms of movement within the European Union. Observed from the security aspect, the diversification of threats and the current crisis in Ukraine affect the formation of a common EU foreign and security policy. In this work, the author analyzes the possibilities for creating a “Schengen zone” necessary for the transportation of military troops in case of an outbreak of the armed conflict. European security is largely dependent on the NATO Alliance as the dominant factor in this part of the world. There is a need within the official EU circles to form such a zone to respond quickly to potential threats. The basic hypothesis of the subject matter is based on the assumption that for the “Schengen military” a unified EU defense force must be formed beforehand.

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"Право на заборав" и општа уредба Европске уније 2016/679 о заштити података о личности

"Право на заборав" и општа уредба Европске уније 2016/679 о заштити података о личности

Author(s): Siniša Domazet,Zdravko Skakavac / Language(s): Serbian Issue: 66/2018

The aim of the analysis is to investigate one of the most important rights guaranteed by the General Regulation of the European Union 2016/679 on data protection, which is the right to delete (the right to forget). The study found that the right to erase personal data was established even at the time of the Directive 95/46 / EC and the case “Google v. Spain.” After that judgment, it was proved that numerous requests were made to Google for deleting data. With the new Regulation, the right to delete is extended and detailed. It has been established that there are some difficulties in the implementation of this right in practice. Above all, the question arises as to how the provision on the right to delete will apply in the case of new technologies, such as the “block chain” technologies. Secondly, the question arises as to how the provision on the right to delete will be implemented in companies. Third, the question is how will the exercise of the rights of employees to erase personal data affect the business of companies? Finally, a particularly sensitive issue regarding the right to delete personal data appears in the health service sector. The survey found that good citizen education and engagement of experts in the field of data protection is necessary, but also for the development of internal procedures for handling requests for deletion, including the provision of the adequate financial sources. In this paper, normative and legal-logical methods of induction and deduction are used.

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"Програм за превенцију опојних дрога и информисање", као стратешко опредељење у борби против злоупотребе опојних дрога у ЕУ

"Програм за превенцију опојних дрога и информисање", као стратешко опредељење у борби против злоупотребе опојних дрога у ЕУ

Author(s): Filip Mirić,Gordana Nikolić / Language(s): Serbian Issue: 43-44/2013

Abuse of drugs is a major social problem. Firstly, in this paper will be exposed the analysis of appropriate norms of criminal legislation of the Republic of Serbia in the part relating to the sanctioning of drug abuse, since the norms of criminal law is one of the most important assets of any country in the fight against crime, to then analyzed a very important act adopted at EU level in this area. The European Parliament, on the proposal of the European Commission on 25 09. 2007. adopted a decision 1150/2007/EC establishing the program “Prevention drugs and information for period of at 2007 to 2013”. We discuss a program of general act, it is the European Parliament expressed its commitment to the continuous and systematic fight against drug abuse and informing the population of the Member States of their harmful effects and adverse effects on human health. This program provides the possibility of submitting proposals the European Commission, which could lead to the suppression effect of abuse of drugs. Such a qualitatively new way of connecting all segments of society in the fight against one so bad phenomenon, such as the fight against drugs has enormous importance for Serbia, especially since its accession to the EU’s, as its strategic orientation.

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(IM)POSIBILITATEA PRELUNGIRII DREPTULUI DE CIRCULAŢIE ÎN LIPSA DOVEZII ÎNLOCUITOARE CU DREPT DE CIRCULAŢIE ‒ ÎN TEORIE ŞI ÎN PRACTICA JUDICIARA

Author(s): Andrei Sebastian Murariu / Language(s): Romanian Issue: 03/2022

The article purpose is to present the author's opinion related to the right of driving which can be prelonged based on the article 111 paragraph 6 in G.E.O. No. 195/2002 even when the replacement proof of the driving license is without the right of driving. The jurisprudence is not clear in this matter and the judicial bodies deny the request based on the fact that the right of driving cannot be prelonged as long as it was not granted in the first place. In the author's opinion, the judicial bodies wrongly believe that it exists two distinct rights, the right to drive provided by the license of driving and the right to drive provided by replacement driving license or temporary driving allowances.

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(IN)ADMISIBILITATEA CONTESTĂRII PATERNITĂŢII STABILITE PRINTR-O HOTĂRÂRE JUDECĂTOREASCĂ DEFINITIVĂ, ÎN SITUAŢIA PROBELOR NOI OBŢINUTE PRIN PROCEDEE TEHNICO-ŞTIINŢIFICE CARE NU ERAU DISPONIBILE LA DATA SOLUŢIONĂRII CAUZEI

Author(s): Georgeta Bianca Spîrchez / Language(s): Romanian Issue: 05/2022

The following study focuses on those cases involving paternity, which at the time of their ruling took into account scientific evidence by which the filiation could not be established with certainty. If under the relevant domestic law the applicant has no possibility of challenging the judicial declaration of his paternity, the conclusion is that the authorities failed to secure his right to private life. In order to highlight the legal remedies that need to be considered, we have also referred to the main principles developed through the European Court of Human Rights case-law.

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(NE)POMIRLJIVOST KAZNE DOŽIVOTNOG ZATVORA I LJUDSKIH PRAVA

Author(s): Vladica Ilić / Language(s): Serbian Issue: 2/2019

Since May 2019, Serbia has joined the majority of European countries which have the sentence of life imprisonment in their criminal justice systems. Despite the refusal of the competent authorities to hold a public hearing on the issue, the introduction of life imprisonment, excluding the possibility of conditional release of convicted persons for certain offenses punishable by this sentence, was met with noticeable interest and activism by representatives of the domestic and international professional public. Particular attention in the paper is devoted to human rights standards relating to life imprisonment, mainly stemming from the case-law of the European Court of Human Rights. The paper analyzes the possibility of application of human rights standards within the current criminal law legislation. At the end of the paper, the author points to possible de lege ferenda directions that could represent an alternative to life imprisonment, considering it a serious challenge for protection of the dignity of convicted persons.

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(Nie)dopuszczalność zmian w zakresie podatku akcyzowego w przedmiocie paliw w państwach członkowskich na przykładzie Polski

(Nie)dopuszczalność zmian w zakresie podatku akcyzowego w przedmiocie paliw w państwach członkowskich na przykładzie Polski

Author(s): Szymon Kisiel / Language(s): Polish Issue: 2/2022

The subject of analysis are the mechanisms used to determine the amount of excise duty on the basis of European directives. Membership of the European Union entails the need to apply the provisions of European regulations and directives, which limit the freedom of Member States to create their tax policies. On the example of Poland, the process of excise tax reduction was examined as a result of fighting increased inflation caused by COVID-19 pandemic prevailing in 2020-2021.

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(Re)pozicioniranje Evropske komisije na tržištu prirodnog gasa: od nosioca liberalizacije energetskog tržišta do "evropskog regulatora"?

(Re)pozicioniranje Evropske komisije na tržištu prirodnog gasa: od nosioca liberalizacije energetskog tržišta do "evropskog regulatora"?

Author(s): Strahinja Obrenović / Language(s): Serbian Issue: 75/21/2021

This paper deals with the position of the European Commission on the natural gas market, in period from the adoption of the First Energy Package to the adoption of the Third Energy Package. The aim of this paper is to analyze the role of the European Commission regarding the process of liberalization and integration of the natural gas market in the European Union. The methods used in this paper include the analysis of acts contained in energy packages, but also the comparison of different legislative solutions in three energy packages. In that sense, the posed research question is whether the European Commission has become a new "European regulator" on the gas market, thanks to the powers granted to it by energy packages, especially the Third Energy Package. Conclusion of the research is that the legislator did not envisage assigning the role of energy regulator to the Commission, but granted it far-reaching powers - especially when deciding on the exemption of new energy infrastructure. The last part of the paper covers legislative changes initiated by the Commission, which go in the direction of expanding the scope of implementation of the Third Energy Package, thus further strengthening the Commission's position on the energy market.

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(RE)SHAPING POLITICAL CULTURE AND PARTICIPATION THROUGH SOCIAL NETWORKS

(RE)SHAPING POLITICAL CULTURE AND PARTICIPATION THROUGH SOCIAL NETWORKS

Author(s): Marija Andreeva / Language(s): English Issue: 2/2019

The influence of social networks is growing intensely. They do not only influence only certain aspects of our lives, but they also influence political participation and political culture. In recent years, this influence has been very notable. We have seen a change of policies as a result of pressure, a lot of significant political movements started via social networks. This paper concentrates on the influence of social networks on political participation and political culture. The paper tries to foresee the future implications and the intertwining of social networks and political culture and political participation. It also gives conclusions for the past, present and future implications and it gives a comparison between political participation before and after the rise of social networks. It also analyses the positive and negative implications that social network could have on political participation.

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(Не) Прилагане на правото на ЕС от държавите членки
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(Не) Прилагане на правото на ЕС от държавите членки

Author(s): Jasmine Popova / Language(s): Bulgarian Issue: XV/2017

The effective application of EU law is essential in order to guarantee European citizens and businesses the enjoyment of the benefits granted by it. The fact that Member States do not apply EU law correctly and effectively obstruct the achievement of key EU policy objectives. The purpose of the article bellow is, by analysing the current situation on Member states compliance with EU law, to outline the more frequent infringements, the main areas concerned, the effectiveness and the means to overcome the wrong application of EU law. Special attention is paid to Bulgaria’s performance in this area during the past 10 years of membership.

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10 lat członkostwa Polski w Unii Europejskiej. Skutki włączenia do jednolitego rynku europejskiego

10 lat członkostwa Polski w Unii Europejskiej. Skutki włączenia do jednolitego rynku europejskiego

Author(s): Małgorzata Czermińska / Language(s): Polish Issue: 1/2014

The inclusion of Poland to the common market for goods meant the abolition of customs duties and quantitative restrictions on agricultural products in mutual trade with the countries of the European Union (customs duties on industrial goods have already been abolished by the Europe Agreement) and the application of the Common Customs Tariff on imports from third countries. Freedom of movement of goods after the accession to the EU accounted for Polish entrepreneurs a chance, because the fulfillment of EU norms and standards means full access to the common market, amounting to more than 500 million inhabitants. Particularly noticeable was the impact of accession on foreign trade, which, thanks to the membership not only gained easier access to the common market, but also new opportunities to increase trade with third countries. Since Polish accession to the EU gradually increased trade in agricultural products as well as their participation in the Polish foreign trade. Emigration of Poles also increased significantly, especially to countries that with effect from 1 May 2004 opened their labor markets, namely the United Kingdom, Ireland. In the final evaluation of the benefits of joining the common market and free movement of goods, persons, services and capital far outweigh, in both the scale of the economy and at the micro level, the costs associated with membership in the European common market.

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10+1 Good Practices in Preventing Intolerance, Discrimination, and Group Hatred in Central and Eastern Europe
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10+1 Good Practices in Preventing Intolerance, Discrimination, and Group Hatred in Central and Eastern Europe

Author(s): Gergana Tzvetkova / Language(s): English

This compendium was created by the consortium members of the CEE Prevent Net initiative. Its development is the result of a robust exchange of good practice methods among various organizations and civil society actors in the areas of youth work and (non-formal) education aimed at preventing intolerance, discrimination, and right-wing populism and extremism in the region of Central and Eastern Europe. Initially, this volume was supposed to present 10 good practices for working with young people directly; however, the CEE Prevent Net network decided to expand this initial enterprise gratuitously. This additional section provides youth workers, educators, and other civic actors with recommendations and advocacy strategies for youth work that fosters tolerance, facilitates dialogue, and prevents discrimination and far right ideologies.

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100 години членство на България в Международната организация на труда и значение на международните трудови стандарти
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100 години членство на България в Международната организация на труда и значение на международните трудови стандарти

Author(s): Ivaylo Staykov / Language(s): Bulgarian Issue: 2/2020

The subject matter of this scientifi c study is the substance and importance of those international standards on labour and social human rights which have been created throughout a century by the International Labour Organisation. The analysis is dedicated to the 100th anniversary of Bulgaria’s membership in this universal specialized international organisation.

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14th Session of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage

14th Session of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage

Author(s): Hanna Schreiber / Language(s): English Issue: 2/2019

14th Session of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage; Bogotá, 9-14 December 2019

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