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Plurilingvizam i obrazovna jezička politika Evropske unije u Srbiji

Author(s): Katarina Radojković Ilić / Language(s): Serbian Issue: 73-74/2020

The paper discusses plurilingualism as one of the main objectives of European language ideology, plurilingual and intercultural education whose main goal is to promote humanistic values, mutual respect, tolerance and dialogue between nations. The paper cites some of the acts of the Council of Europe and the institutions of the European Union in which plurilingualism and the preservation of the language of diversity are emphasized as the most important goals of the EU language education policy. It also discusses some ofthe controversial issues related to language education in the countries of the European Union and analyzes the presence of those concepts in the language education policy in the Republic ofSerbia. The paper also presents the results of research conducted with the students of the Faculty of Law of the University of Belgrade. It offers insights into the students’ experience and their attitudes towards the importance and the impact of language knowledge and access to student mobility programs.

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Примена електронског документа у пословној пракси

Author(s): Žaklina Spalević,Kosana Vićentijević,Zoran Jerotijević / Language(s): Serbian Issue: 67/2019

The subject analysis involves examining the application of electronic documents in modern business transactions. Due to the importance of electronic business, the paper emphasizes the necessity of improving the legal regulations for the correct and objective recording of business transactions based on electronic documentation. The authors analyze the rules that follow the application of the electronic document. Based on the obtained results, the authors believe the implementation of electronic documentation must be in line with the global standards of electronic business. Further research on the subject matter would be useful in considering the possibility of introducing green public procurement into the legislative framework of the Republic of Serbia.

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Прекогранична сарадња и европске интеграције

Author(s): Nenad Bingulac / Language(s): Serbian Issue: 67/2019

The development of cross-border cooperation is necessary for the development of the member states of the European Union, but also for this very international organization based on the foundations of integrative processes in all social domains. Although the integrative processes are in constant dynamics and there are obviously visible positive effects, however, in these processes there are certain deviations that present contemporary international security challenges. Recognizing the fact that European integrations also include certain negative tendencies, one cannot lose sight of the fact that these processes, however hard and complex, have nevertheless led to a shift in the perception of European citizens about the common benefits by unifying the interests of their countries of origin. The European Union’s integration through regional integration is, hence, an unstoppable process that is not only based on the creation of more secure regions but also in the development of economic, political, cultural and social interregional relations. The subject analysis considers some of the basic issues of cross-border cooperation related to the role of the Council of European Municipalities and Regions, as well as the Euroregions in the context of European integrations.

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"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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Европски правни оквири за примену модел-закона UNICITRAL-а

Author(s): Miladin Pejak / Language(s): Serbian Issue: 67/2019

One of the most significant sources of arbitration is the Model Law of the UN Commission on International Trade Law (UNCITRAL). This Model is recommended to the countries since the inclusion of its norms in national legislation will contribute to the harmonization of the legal rules on the arbitration judiciary. The UNCITRAL Model Law strives to be an example or a model for the legal regulation of international trade arbitration, which means it has the character of an optional rather than a normative legal source. The solutions contained in this Model Law may be accepted by the national legislature in an integrated text or may be modified, with the degree of modification depending on the specific interests that the State concerned wants to protect. Many countries have accepted the legal concepts and solutions contained in the UNCITRAL Model Law either by adopting new ones or by amending the existing arbitration regulations. On the other hand, some national legislation did not accept the solutions offered by this Model. Using the comparative legal method in the analysis of national legislation, the author came to the realization of the extent to which the UNCITRAL Model Law has influenced the legislation of some of the most influential European countries.

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Директива ЕУ о уговорима о финансијском обезбеђењу

Author(s): Marija Vićić / Language(s): Serbian Issue: 66/2018

The subject of the work includes the analysis of the Directive 2002/47 / EC on financial collateral arrangements whose implementation in the legal order of the Republic of Serbia was completed by the adoption of the Law of financial collaterals, on June 8, 2018. The author first exposes the basic solutions contained in the Directive, then the methods and mechanisms for its incorporation into the internal order, and then refers to the disadvantages and inconsistencies that have been missed by the legislator when compiling the final text of the Law. At the same time, the author also gives some explanations about the place and role of some new legal institutes in the internal legislation, as well as a critical overview of the consequences that the introduction of such a sophisticated legal regime will produce in the Republic of Serbia.

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Пословник о раду скупштине акционарског друштва у домаћем и европском праву

Author(s): Dobrica Vesić,Dragan Živković / Language(s): Serbian Issue: 66/2018

By harmonizing domestic legislation with the law of the European Union,the conditions that will enable domestic companies to be competitive and equal int he European market are created. The harmonization of domestic commercial lawwith the law of the European Union is related by the Negotiation Chapter 9 which the Republic of Serbia should fulfill in the process of accession to the European Union. In the area of the legal framework that relates to the operations of companies, harmonization is required regarding the internal procedural rules of the company's shareholders assembly. These rules are covered by the Rules of Procedure of the General Meeting of Shareholders. This internal legal act does not have the status of a founding act but, however, it has to be in compliance with it. This is theconsequence of a legal hierarchy that exists under the Law of companies. The authors devote special attention to the analysis of the relevant legal rules that refer to the Rules of Procedure of the Shareholders Assembly, and in this regard they conclude it would be necessary to further harmonize these rules with the solutionsexisting in the ЕU law, which correspond more to the commercial nature of this form of economic association.

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Улога прекограничне сарадње и Европски комитет региона

Author(s): Nenad Bingulac / Language(s): Serbian Issue: 66/2018

Cross-border cooperation is a process that is still improving even though there are visible positive effects. However, there are also some negative effects that represent contemporary security challenges. The integration and creation of the Union of European countries was not an easy process, not only in the economic and legal sense but also in terms of the perception of that communion which had to be created and empowered in the citizens. Regional integration is an unstoppable process that is not only based on the establishment of a more secure and safer region, but rather to a greater extent has a goal in establishing business connections, which undoubtedly has significant positive effects, primarily in the fields of economy, social life, environmental protection and cultural relations. There is a significant influence on the political aspects as well. This research will examine some of the basics of important issues related to the importance of cross-border cooperation and the European Committee of the Regions (CoR).

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Мултикултурализам у Европи - застој или суноврат?

Author(s): Jelica Gordanić / Language(s): Serbian Issue: 66/2018

The crisis of multiculturalism in Europe is often related to the European migrant crisis. The author points out that the crisis of European multiculturalism has started much earlier. The issue of multiculturalism in the European Union had been regulated at national level. Individual models of the EU members, such as assimilation and “guestworkers” models, did not correspond to the classic definition of multiculturalism. 9/11 attack had caused the fight against terrorism worldwide. That had a consequence on European multiculturalism by transforming it. Since the beginning of the 21st-century, multiculturalism in Europe had changed into the question of integration of Islam into the European societies. The paper points out that the migration crisis is only one of the factors that contributed to the deepest crisis of multiculturalism in Europe so far. The author tries to answer the question to what extent it is possible to stop the further collapse of European multiculturalism.

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Регулаторни домашај Пакта о стабилности и расту у европском монетарном праву

Author(s): Marko Dimitrijević / Language(s): Serbian Issue: 65/2018

The subject of the analysis in this paper is the identification and evaluation of the regulatory scope of the implementation of the Stability and Growth Pact in the European monetary law. In this respect, the focus is on issues related to the purpose and object of the original Stability and Growth Pact as a sui generis intergovernmental agreement, the importance of introduced fiscal rules and consideration of the problem of applying financial sanctions for non implementation of fiscal rules by the leading members of the Economic Monetary Union (EMU). In further research, the attention is paid to the analysis of the efficiency of the reformed Stability and Growth Pact in preventive and corrective part. The particular attention is paid to the determination of its importance for achieving the concept of monetary and fiscal legitimacy. By using the dogmatic, axiological and logical method, the author attempts to point out the main advantages and disadvantages of the newly developed solutions within the reformed Pact. The conclusion is that the reformed Stability and Growth Pact has failed to strengthen the concept of fiscal responsibility as a prerequisite for fiscal stability, which together with the concept of monetary stability is imperative of optimizing the direction of international monetary relations, preserving the acquest of international monetary order and achieving the necessary degree of fiscally unity in the European Economic Monetary Union.

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Саопштење Комисије о прихватању директних страних инвестиција уз заштиту виталних интереса

Author(s): Duško Dimitrijević / Language(s): Serbian Issue: 65/2018

In international economic operations, foreign direct investments are one of the decisive factors for accelerated economic growth, employment and technological development. Their advantages are clearly recognized and encouraged by the European Union through the implementation of measures leading to a healthy economic environment open to foreign investments. On a global scale, the European Union remains consistent in the view that economic relations should be based on internationally open, sustainable and fair trade. In recent years, there is a serious concern for the European Union over the unfair trade practice applied by foreign countries and companies. This applies in particular to State-owned third-country enterprises that make strategic acquisitions of European companies in key industrial sectors. Therefore, the Commission of the European Union issued the Communication on the measures to be taken in order to check and control certain foreign direct investments in order to protect its own trade interests. The Communication is attached to the proposal of the Regulation on establishing a framework for screening foreign direct investments from the third countries, with reference to the reasons of security and public order.

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Правни оквир колективне безбедности и одбране ЕУ - претње и могућности

Author(s): Milan Ranković / Language(s): Serbian Issue: 65/2018

In this paper, the author discusses the possibilities for forming a common military structure of the European Union. At this moment, Europe faces diversification of threats coming from migration and terrorism inspired by the return of fighters from conflict areas to European countries. A special focus is given to the provisions of the Lisbon Treaty concerning the common EU foreign and security policy. Also, as the primary source of information for this paper, the author used the conclusions of the European Council and other relevant EU bodies. The unity of the CFSP was analyzed through the prism of the functional competencies of the EU High Representative for Foreign Affairs and Security. Methodologically, the author used qualitative and quantitative techniques in the analysis to place the debate on a common EU army in a defined theoretical framework. The basic hypothesis of the paper is a premise that the European Union will continue to be military dependent on NATO.

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Борба против корупције у контексту препорука Европске уније

Author(s): Slobodan Nešković,Ratomir Antonović,Anastazija Ćelić / Language(s): Serbian Issue: 65/2018

Currently, corruption is one of the global social phenomena. In most countries of the world, irrespective of the level of their development, corruption is an integral part of social systems and one of the most current problems. The European Union as a supranational organization with a significant share of political power in the world continuously advocates the suppression of corruption. In fact, it seeks to extend a unified approach to addressing global corruption issues, which is particularly favorable for small and developing countries with a high degree of corruption. Building strong institutions in the fight against corruption, as well as clear and rigorous legal norms, is one of the first steps on this road.

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Спортске активности у европским полицијама

Author(s): Dalibor Kekić,Dane R. Subošić,Obrad M. Stevanović / Language(s): Serbian Issue: 65/2018

The aim of this study was to determine the levels of sports activities of active duty officers and cadets of police schools and faculties at different life ages within the European Union. These parameters are treated as a potential quantifier that can be used in the evaluation of individuals who are preparing for future work as police officers. European Police Sports Union (Union Sportive des Polices d'Europe - USPE) was founded in Paris on November 30, 1950, at the initiative of the French Police Sports Association. Its founding members were Belgium, Denmark, Finland, France, Great Britain, Luxembourg, Netherlands, Norway, Sweden and Switzerland. Every two years, USPE also hosts a European Police Sport Conference that is of considerable importance as it ensures fruitful cooperation by providing a discussion forum for the member countries. For instance, the previous Conferences formulated the Mission, Vision and Values of USPE, further developed the European Police Sports Badge (EPLA), while also focusing on ways and means to professionalise the organisation of European Police Championships. The goal of this alliance is to promote police sports within its member countries. Member States have organized European Police Championships at intervals of 4 years in 16 sports disciplines: basketball, crosscountry, football, handball, judo, track and field, marathon, cycling, wrestling, shooting, swimming, skiing, tennis, table tennis, triathlon and volleyball. Besides promoting police sports, such events are instrumental in fostering contacts between individuals, while raising awareness and understanding of different cultures, which will eventually result in the harmonisation of intercultural cooperation in everyday policing. USPE seeks to forge ties and develop joint projects with the European Sports Federations for putting sport on a broad basis all over Europe.

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Безбедност мреже и информатички системи у праву Европске уније

Author(s): Ozren Uzelac / Language(s): Serbian Issue: 65/2018

Digital technologies provide great opportunities in the area of administrative procedures, economic activities and the needs of society, where new types of products and services of informatics which do not recognize the borders of national states appear on a daily basis. On the other hand, the number of security incidents related to digital technology is increasing, and their frequency is a serious threat to the functioning of the network and information systems. The subject of the analysis is the legal acts of the European Union related to the regulation of the security of the network and information systems.

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Статус дистрибутера осигурања у праву Европске уније

Author(s): Vladimir Čolović / Language(s): Serbian Issue: 64/2018

Directive (EU) No. 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) lays down rules concerning the taking-up and pursuit of the activities of insurance and reinsurance distribution in the Union. This Directive applies to any natural or legal person who is established in a Member State or who wishes to be established there in order to take up and pursue the distribution of insurance and reinsurance products. The form of Directive No. 2016/97 is appropriate in order to enable the implementing provisions in the areas covered by this Directive and when necessary to be adjusted to any existing specificities of the particular market and legal system in each Member State. Also, this act should aim at coordinating national rules concerning access to the activities of insurance and reinsurance distribution. This Directive is aimed at minimum harmonisation and should therefore not preclude the Member States from maintaining or introducing more stringent provisions in order to protect customers, provided that such provisions are consistent with Union law, including this Directive. Also, this Directive specifies that the Member States should also provide access to registries of intermediaries. Various types of persons or institutions can distribute insurance products. The article presents the provisions on the status of the insurance distributors, which relates to the obligation of the registration in the register, the carrying out of mediation activities in another country, the organizational conditions for the provision of insurance distribution, liability insurance and the protection of the consumers in insurance, the conditions of information and the rules of business conduct of the insurance distributor, etc. Directive No. 2016/97 also defines the minimum professional knowledge and conditions of expertise for performing insurance distribution activities related to non-life and life insurance, as well as investment insurance products. The paper also presents the provisions of the Act on Insurance of the Republic of Serbia on insurance intermediaries. According to the provisions of this Act, these activities, as the sole activity, can be performed by an insurance intermediation company licensed by the National Bank of Serbia. An insurance intermediation company is established as a joint-stock company or a limited-liability company.

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Међународна трговина, животна средина и европске интеграције Републике Србије

Author(s): Dragoljub Todić,Jelena Todić / Language(s): Serbian Issue: 64/2018

The paper aims to examine the existence of overlapping conditions for the membership of the Republic of Serbia (RS)in the World Trade Organization (WTO) and the European Union (EU) regarding trade and environment. In its first part, the paper points to key issues of the importance for understanding the relationship between trade and environment, i.e. trade measures and environmental protection measures. Several elements of interweaving are noted. Particular emphasis is placed on the overlapping elements of the normative character, whose basis can be found in the documents of the WTO and can be derived from the relevant international environmental agreements. The paper provides an overview of the most important provisions of the relevant WTO documents of importance for the environment. Additionally, the relevance of certain international agreements in the field of environment is assessed from the standpoint of their relation to the issues of international trade. Separate part of the paper examines the position of the RS in the context of acquiring membership in the WTO and the EU. The paper also points to the European Commission’s annual progress report for Serbia. In this respect, in addition to the assessments related to the Chapter “Environment and Climate Change”, evaluation related to the Chapter “Foreign Relations” relevant for the WTO membership is also made. Harmonizing legislation related to the management of genetically modified organisms takes a special place, although these issues fall within the competence of other bodies and are only partly related to the field of the environment. In this respect, the overlapping conditions for the membership in these two organizations regarding trade and environment is emphasized (membership in international agreements in the field of environment, harmonization of the part of national legislation in the field of environment and other fields).

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Прекогранична сарадња као део развојне политике Европске уније

Author(s): Dijana Savić Božić / Language(s): Serbian Issue: 64/2018

Cross-border cooperation is strongly supported by the European Parliament and the Committee of the Regions. These two institutions have specifically pointed out that it is necessary to better understand the institutions of the central governments of the countries of the Western Balkans, as well as other European circles, with the significance of cross-border cooperation. In the future, the transfer of responsibilities from central government institutions to local authorities will be a particular challenge in the planning and implementation of cross-border cooperation programs. In the process of selection of projects, the role of joint supervisory boards must be strengthened, and a greater number of representatives of local authorities should be included in their work. Cross-border cooperation, by definition, requires the harmonization of financial rules (between countries and programs) and a greater degree of coordination between national authorities and the Directorate and Commission departments, and this must be one of the key issues of the future development of cross-border cooperation. It can also be expected that it will continue to simplify programming and implementation regulations. This will be achieved through greater harmonization with the rules of the Structural Funds. With all this in mind, we can conclude that the use of these funds can bring numerous benefits to the country. First, it refers to significant means for maintaining infrastructure, protecting and preserving cultural monuments, as well as the environment, and encouraging sustainable economic development. Intensive development of cross-border cooperation is essential in order to most effectively use a wide range of development opportunities on both sides of borders in Europe, as well as the potential for solving the common problems. In this way, regions would be mutually better connected and could take over the function of drivers of further European integration and sustainable neighbouring areas on the outer borders of the European Union. Cross-border cooperation, therefore, is the first and most important task and a political objective of the European Union, which needs to be implemented at the regional and local level and in partnership with national authorities. Integration effects of Serbia's accession to the European Union in terms of regional development are multiple, significant and confirmed, direct and indirect, and regionally uneven. They have economic, demographic, social, infrastructural and human dimension. This is confirmed not only by the experience of all transition economies that are now EU members, but also by our regional experience with the projects over the past transition period.

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Прекогранична сарадња децентрализованих јединица - европски стандарди и искуства

Author(s): Darko Golić,Joko Dragojlović / Language(s): Serbian Issue: 64/2018

Cross-border cooperation of decentralized units can represent a tool for improving their functioning, especially in the border area. It appears as a certain supplement to the decentralized management system, primarily in the function of balanced development. The right to cross-border cooperation presents a standard in the institutionalization of local authorities, and therefore of higher territorial communities too. However, its framework is relatively narrow, subjected to national constraints. The process of European integration represents the most important driving force for its establishment. Sometimes the sole motive and goal of crossborder cooperation is the use of EU funds earmarked for these purposes.

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Страна улагања у одбрамбену индустрију Србије - политичке и безбедносне импликације у контексту европских интеграција

Author(s): Vlado Radic,Nikola Radic / Language(s): Serbian Issue: 64/2018

The defense industry of Serbia is a respectable national capacity whose development role consists in the permanent increase in exports and ensuring of the national self-sufficiency necessary for the defense system. Although in the last two or three decades the defense industry has gone through great temptations, it has shown exceptional vitality in the international market. This industry possesses the potential to develop a high growth rate. In the conditions of Serbia's accession to the European Union market, which is indicated by certain economic parameters, it also has the potential to develop high product quality, price competitiveness, specific technological know-how and rich production experience and the considerable interest of foreign customers. With the new Law on the Production and Trade of Weapons and Military Equipment, Serbia has made a step forward by which its companies from the defense industry can enter the European Union and otherworld markets. The authors of this paper paid attention to the political and security implications of foreign investments in the Serbian defense industry, focusing on the context these investments can have on the European integration process.

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