We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The article analyses the significance of different conceptions in disclosing the content of a concrete human right or freedom. It is stated that there exists a permanent “individualistic” and “collectivistic” dichotomy of human rights and freedoms. Such a dichotomy has its support in philosophy and law. It is recognised that even in democratic states the discourse on the expression of the content of human rights is in a continuous dichotomic balance – ideological competition. It is stated that the western (liberal) theory of human rights, when deciding the issue of the content of a human right, tends to give priority to the interest of a concrete person, but not that arising from a group of persons. The discourse of the article is illustrated with case-law examples of institutions of constitutional jurisdiction in some countries. These examples clearly prove the actual validity of the dichotomic balance. The Convention for the Protection of Human Rights and Fundamental Freedoms is a unique phenomenon in the history of humankind, which ensured a longterm perspective for the entrenchment of human rights and freedoms. The article also underlines the exceptional significance of the European Court of Human Rights for understanding the content of human rights and freedoms and for the unique character of this institution in deciding the dichotomic theorem of the problematics of the content of human rights and freedoms. The procedure for formation (i), the powers (ii) and the obligatoriness of judgments (iii) of the European Court of Human Rights make the European process for defence of human rights and freedoms exceptionally valuable from the perspective of development of the civilization. It must be recognised that the humanity has never had such instruments of protection of human rights and freedoms. The European Court of Human Rights has become a source shaping the standard of human rights and freedoms and continually deciding the permanent dichotomic dilemma of a balance between individualism and collectivism.
More...
In this paper, in an attempt to develop an extensive review, the author strives to present legislative drafting process in Germany, role of different institutions in legislative drafting process, public discussions on draft law, transparency of procedure and decision making, quality check of the legislation and continuous improvement of procedure. Reason for presenting this overview of German system is need for advancement and improvement of legislative drafting process in Serbia, especially having in mind OSCE/ODIHR assessment of law drafting in Serbia from December 2011 and challenges in process harmonization of domestic legislation with the EU acquis.
More...
The paper deals with the proposed Unified Patent Litigation System in EU. After introductory notes on the reasons for proposing this system, the first part of the article is dedicated to the European Patent Court. Draft agreement on the European Patent Court is a part of Unitary patent package, together with the Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of the Unitary patent protection and the Proposal for a Regulation of the Council implementing enhanced cooperation in the area of the creation of the Unitary patent protection with regard to the applicable translation arrangements. Special attention is devoted to the conformity of the new draft with the European Union Treaty and the Treaty on the Functioning of the European Union. In the second part of the article, the author analyses the role of the European Court of Justice within the proposed Patent Litigation System in EU. By the end of Jun 2012, heads of States and governments, removed the provisions organizing control by the European Court of Justice of litigations concerning Unitary patents. European Parliament was due to debate and vote on the Unitary patent. However, MEPs rebelled against the European Council's desire to substantially change the text at the last minute. They unanimously postponed the vote and sent the text back for reconsideration by the committee. So, the perspective of Unified Patent Litigation system is still questionable.
More...
This paper provides a critical analysis of the concurrent liability of the European Union and a Member State, placing a particular emphasis on its notion, classification as well as on the legal effects of the given categorization within the EU legal framework. The paper further argues that in order to comply with requirements set out in article 13 of the ECHR (the right to an effective remedy), the current system of concurrent liability must be improved.
More...
This article examines legal frame of „nanotechnology“ protection legal in European Union. The main goal is to evaluate the measure in which existing legal solutions enable adequate management of risks for human health and environment.
More...
Regulating relationships between parents and children and parental responsibility is highly important, not only for the protection of a child. If there is a foreign element in the area, then the situation becomes more complex, and given that different questions can be raised regarding the effect of the foreign judgments given in this topic in other countries. The cases of parental responsibility with a foreign element are fully regulated by the EU Regulation No 2201/2003, which, apart from parental responsibility, regulates the questions related to the dissolution of marriage. The effect of foreign decisions in this area depends not only on the rules of the state of recognition, but also on establishing jurisdiction of a court, as well as on the law applicable. In this paper a great attention has been given to this Regulation, but also to the provisions of Swiss, German and Serbian legislation analyzed herein. The provisions of the Swiss and Serbian legislation, the subject of analysis, are found in the laws regulating area of the Private International Law, whereas in the German legislation, a special act regulates procedure in these matters. This paper also discusses the Hague Convention on the Civil Aspects of International Child Abduction, given that Regulation 2201/2003 refers to its application. Finally, it is concluded from all of this that the rules in this area are heterogeneous and its application depends on relations when the question of parental responsibility has been raised.
More...
In the process of adopting and implementing legislation which apply on the territory of the European Union, the Republic of Serbia has to fulfill the highest European standards in the field of food safety and veterinary policies. By accomplishing this, the Republic of Serbia would ensure not only the competitiveness of Serbian products on the European market, but also satisfaction and consumer protection. The paper analyses the commitments of the Republic of Serbia in this field by giving the general view of European Union regulations and measures and up to now harmonised regulations of the Republic of Serbia concerning this field, and also by indicating the main differences with Serbia’s traditional rules. Analysis shows that the European Union itself has undergone many reforms before gaining nowadays, functional set of regulations and, therefore, the author concludes that the Republic of Serbia should follow a successful, European scheme which will enable market survival for Serbian products.
More...
Increasing consumer awareness of food safety and environmental protection in recent years contributed to the increase in organic agriculture production. Organic production should be seen as a part of sustainable agro system, which provides an alternative to traditional agricultural production. The European Union has designated the sustainability of agriculture while protecting the natural environment as a main objective of the present Common Agricultural Policy of the Union. Serbia has clearly showed that promotes the harmonization of this area with the EU regulations legislating a new law in this area.
More...
Reaffirming the notary in frame of the reform of contemporary legal system of Montenegro, Montenegro has joined the countries with long tradition of notary. Notary was not characteristic for socialistic countries , but all of the countries in transition in the region, accepted and brought the Law on Notaries, or Public Notary. Notaries have significant function as independent experts and professionals with high degree public confidence which are reflecting, first of all, in protecting rights and interests of sides, contributing acceleration of legal traffic, and relieve of justice. That is the reason why the public notary appears as a mediator between the state and individual, and has the role of “preventive judge” as it prevents eventual dispute. The important part of court jurisdictions is transferred to notaries, such as in probate proceedings as uncontested proceeding, which has the aim to determine uncontested facts, but if they appear, the sides are sent to litigation. The usefulness of this institute in contentious justice, and particularly in probate proceedings can’t be denied. Delegacy to notary, as judicial commissioner, the hole discussing legacy, with some restrictions, or some actions, is based on the Law, but, in concrete case the charge court decides or the President of the Court, guided by rationality and efficiency of the proceedings. Besides the traditional notary role in drafting documents and reliably recording of legal affairs, notar becomes more important in taose legal areas, which exclusively were in court`s jurisdiction. Contemporary trends are going to establishing new legal regime for notary in probate proceeding, in terms of exceeding the whole proceeding to the jurisdiction of notary. It’s demanded from creator of Montenegrin Civil Law to harmonise Law on Notaries with latter passed laws respective on inheriting and non-contentious issue. This specially because The Civil Law of Montenegro is in intensive process of harmonization with EU law. This is an opportunity for innovation in existing texts in accordance with European countries practice.
More...
Normative activity has the exceptional importance and the role in the realization of the law system unity, of the law reign, principle of legality, process of the State Administration’s reform, effective functioning of the State Administration organ’s functions and application out of the regulations, as well as the unifying of the local legislation with the law of the European Union. For that reason, the methodical rules for the unified making out the regulations, have been adopted in the Republic of Serbia in 2010 and in the regional countries in the period 2006-2010. In this sense, the basic element carried out methodologies for making out two regulations in the Republic of Serbia, have been discussing and the review the adopted methodological rules in the regional countries, that is Bosnia and Herzegovina, Serbian Republic as the entity and Montenegro has be given.
More...
The paper deals with enhanced cooperation mechanism in the field of the EU Patent Law. The objective of this regulatory move is to offer innovators in Europe a unique patent right which can only be transferred, licensed, revoked or may lapse in all the Member States which participate in the enhanced cooperation. After introductory notes with regard to the enhanced cooperation in general, the first part of the article is dedicated the current European Patent Office procedure for protecting the innovations. EPO applications are filed under the rules set forth by the European Patent Convention (EPC) which is not an EU instrument. Otherwise, obtaining patent protection in all or most European countries by using the current procedure is too expensive. Therefore, on 13 April 2011 the Commission tabled a package of two legislative proposals implementing enhanced cooperation in the field of unitary patent protection and translation arrangements. Such proposals were subsequently agreed upon by the EU ministers in an Extraordinary Competitiveness Council on 27 June 2011. So the second part of the article is devoted to the proposed regulations regarding the unitary patent protection in EU. However, Spain and Italy have chosen to remain outside the enhanced cooperation system and challenged before the Court of Justice of the European Union (CJEU) the Council Decision of 10 March 2011 authorizing such cooperation. They point out inter alia that the envisaged system would advantage applicants coming from EU English, French or German speaking countries. The creation of a unique title should be coupled with the adequate jurisdictional arrangements allowing unitary patents to be enforced and revoked throughout the territory of the participating countries. Thus, the third part of the article is dedicated to the centralized patent litigation system.
More...
In recent years, much discussion has taken place on the social security of persons moving within the European Union, especially in the context of what has been agreed on the coordination of social security schemes in Regulations No 883/2004, No 987/2009 and No 1231/2010. The main purpose of this article is to analyze the capacity of these Regulations to abolish the obstacles to the free movement of workers that can be created if migration were to lead to discrimination and loss of social benefits in the state hosting EU citizen. The author first analyzes the aim and purpose of international social law protection of migrants, and shows how territoriality and diversity of national social legislations can cause problems when people move from one State to another. In second part of the article, the author comments on the legislative history of Regulations on coordination of social security schemes and personal and material scope of their provisions. She argues that the overall objective of Regulations is to link together the various social security systems in the European Union, so as to prevent migrants from losing out on social security rights on account of their moving, without creating a common „European system of social security“. Special attention is paid to the basic principles of the coordination of social security schemes: the principle of prohibition of (direct and indirect) discrimination on the basis of nationality; the principle of preservation of acquired social security rights and the principle of preservation of social security rights in the course of acquisition. These principles are placed in the context of challenges that (international and comparative) social law will have to face, including the challenges of protection of new social risks, the importance of private insurance systems and new patterns of migrations.
More...
Commitment to perform unification of the relevant EU law by adopting regulations in a significant number of areas of private international law entitles opinions of Europeanisation of private international law. The impact of this important legislative action at EU level was not without repercussions in the countries candidates for EU membership, a characteristic example being Montenegro and its draft law on Private International Law. Given the dynamics of integration processes and the fact that it might take many years for Montenegro to achieve full EU membership, the new codification of private international law of Montenegro took a differentiated approach to the EU legislation. Thus, in every case regard is head of the EU legislation, but at this very moment only those enactments which are considered to be of ultimate national interest are subject of reception and adjustment in order to become part of a national law. Thus, the reception has been made of the Rome I and the Rome II Regulations provisions (for contractual and non-contractual obligations), with necessary adjustments, as well as the provisions of the Hague Protocol on the law applicable to maintenance obligations. In the area of the law of inheritance, the starting point was the Regulation on inheritance. Unlike the above, in terms of rules determining the applicable law relating to the other fields account is taken of the new developments in the European Union and internationally, but primarily on national interests and needs of the national legal tradition and legal certainty. Three important concepts, deeply rooted in European Union law are underlying principles of the new codification of Private International Law of Montenegro: the overriding mandatory provisions, the concept of habitual residence, and a significant expansion in scope of conflicts of law autonomy.
More...
The unification of the rules of the International Private Law in the EU/EC (EU hereinafter), represents one of the important prerequisites for the successful realisation of the EU member states’ established goals of integration. That is why this matter was given due attention from the very beginning of the integration process. However, the achieved results in this field open many questions, which range from the dilemma whether more could have been accomplished, to whether it could have been accomplished more quickly and with bigger steps. One of the models for looking for the answer, to this and many other questions, might also be found in the locating of the EU Private Law in the total developmental process of the EU Law. It is a fact that EU’s International Private Law, shared and shares the destiny of the total development of the EU Law, but it is equally plausible that there are also certain developmental distinctions between them. The sensitivity and the complexity of the subject, interference with state sovereignity, had simply imposed „caution“ on member states in approaching this matter. The consequence of which were also the two phases of the process of regulating the matter of EU’s Private Law – until and after the Amsterdam agreement. Of course, the Amsterdam agreement, represented a turning point in its regulation by creating the conditions to transfer it to the terrain of the secondary law of the EU, but did not signify the resolution of all issues at question. It was only one of the important steps toward a more efficient regulation of this matter, while the essential problems remained, concerning, primarily, the readiness of the EU member states to confront the limitation to their sovereignity to the advantage of the EU.
More...
Harmonisation of Serbian law with that of the European Union is an obligation undertaken unilaterally by Serbia so as to accomplish its goal of joining the European Union. By far the most important document Serbia has signed in this process so far is the Stabilisation and Association Agreement. The paper analyzes the Agreement provisions prescribing rules on free movement of companies from Serbia and the EU and underlines the importance of being familiar with the European Court of Justice jurisprudence on this matter. Furthermore, the author analyzes the degree to which Serbian company law rules are harmonised with that of the EU and outlines the expected developments in law and practice in both areas.
More...
After two antidiscrimination directives have been adopted by European Union, thus establishing common legal framework on wide range of prohibition of discrimination, employment discrimination included, legal systems of member-states were significantly changed in order to implement new regulation. Paper deals with most important legal solutions at the national level, and points out several difficulties in their implementation. These are especially significant in order to comprehend how harmonisation of 27 legal systems in the area of antidiscrimination works in practice, bearing in mind that they have been on different levels of development prior to adoption of EU directives.
More...
Free movement of judgments constitutes one of the essential preconditions for the establishment of a single European judicial space. Harmonization of legal provisions in this area has been started by the adoption of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 27th September of 1968 (Brussels Convention). However, a number of related issues, including the issue of matrimonial relations are not within the scope of this Convention. As regards matrimonial relations, first attempt was made to regulate this issue through the adoption of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters (Brussels II Convention) of May 28th of 1998. It was in line with the real needs of Member States and also it is important to note that at that time there was a clear legal basis for its adoption. Although the Treaty of Amsterdam of 1997 created the legal preconditions for addressing these issues through secondary legislation of the EU, it was possible to adopt the given laws only after the Treaty of Amsterdam came into the force in 1999. Accordingly, the Council Regulation (EC) No 1347/2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses was adopted in 2000 as well as it was subsequently amended by the Council Regulation (EC) No 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIa Regulation) in 2003.
More...
In October 2009. in the Institute of Comparative Law in Belgrade it was held the conference concerning the exchange of the experiences in the implementation of the Acquis. The Institute published a book about that (see www.comparativelaw.info) with the contributions of experts from Estonia, Poland, Slovakia, Hungary, Slovenia, Croatia, and Serbia. This is the contribution of professor Natov from Bulgaria. In the contribution first of all the word is about the Code of Private International Law. That Code was enacted in 2005 and was amended in 2007 and 2009.
More...
The paper analyses familiar definitions of sports, makes difference between professional sportspeople and amateurs and compare communitarian sources related to the rights of professional sportspeople in different sports. Professional sportspeople recruitment is a complex topic that has not been regulated yet. State members of the European Union recognise sport activity in their legal acts as an economic issue and it can be the first step to our legislature for defining the status of sportspeople in that way. It can be noticed that sportspeople recruitment is specific in relation to other professions. Also, there are many rules and regulations of this matter although it has not been legally regulated yet. It is still under the jurisdiction of the non-government sector, which means that sport federations regulate this field and official legislation has not covered all issues yet.
More...