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Недоречености у институционалном систему Европске уније

Недоречености у институционалном систему Европске уније

Author(s): Slobodan Zečević / Language(s): Serbian Issue: 59/2017

The crisis of the European Union actually is a crisis of its constitutional order crucified between the application of federal and non-federal mechanisms of government. The process of adoption of legislation in the European Union is close to the one that occurs in the federal states as a kind of European governments (Commission) proposes to the House of Commons (European Parliament) and the House of States (Council) legislative acts. Despite all the progress towards a supranational decision-making European system is not federalized by the end. The Commission does not have the full range of powers that dispose of a government in the Member States. For example, the European Union does not have its own army in charge to defend its territory and therefore has no minister or commissioner of defence. There is no European Ministry of Interior with the authority to prevent and detect federal offenses. In the context of the European legislative procedure, European Parliament appears as a kind of the House of Commons within the imaginary bicameral Congress which is also composed by the House of States. In the federal model, the House of Commons has the power in the last instance to adopt the legislative text regardless of the objections and disagreements of the House of States. However, the European Parliament can only block the adoption of a legislative act whose contents not correspond to him, or about which there is no agreement with the Council.

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Директива 2008/115/ЕЗ о заједничким стандардима и процедурама за удаљење држављана трећих држава који нелегално бораве на територији ЕУ

Директива 2008/115/ЕЗ о заједничким стандардима и процедурама за удаљење држављана трећих држава који нелегално бораве на територији ЕУ

Author(s): Marin Cetinić / Language(s): Serbian Issue: 59/2017

The aim of this article is to describe the basic characteristics, the legal basis and the practical application of Directive 2008/115 / EC, which lays down common standards and procedures in EU Member States for the returning illegally staying third-country nationals in a Member State of the European Union. The Directive is an essential instrument in the management of the problem of illegal migrants in the EU. This article deals with some of the most important elements of the Directive and with the analysis of the application of Directive provisions the in the Union Member States. The analysis showed that the Directive has greatly contributed to the harmonization of legislation and the harmonization of law application, but also that a number of solutions from the Directive are not implemented in all Member States or are implemented unevenly due to the different possibilities and interests of individual member states. A major contribution to improved implementation of the directive is given by the Court of Justice of the European Union with its interpretations of issues and aspects that arise in a complex, complicated and sensitive real-world of illegal migration. The impact of the Court of Justice decisions on the positive evolution of the Directive can be clearly seen, however, its consistent implementation in accordance with the basic ideas of human rights of migrants remain as a problem.

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Унапређење правног оквира ЕУ о приватности и заштити личних података у електронским комуникацијама

Унапређење правног оквира ЕУ о приватности и заштити личних података у електронским комуникацијама

Author(s): Ozren Uzelac / Language(s): Serbian Issue: 59/2017

Dynamic technological development and innovations in telecommunications represent the universal achievement of the today's civilization, which benefits and risks are ubiquitous in all the countries. New ways of communicating, work execution, particularly, the use of social networks are amazing on their own, regardless of territories and borders, for which general tendency on the European level and comparative laws is towards their uniform regulation. The author analyzes the Proposal for a Regulation concerning the respect of private life and protection of personal data in electronic communications of the European Commission that should bring improvement of the legal framework in that field. Different rules, documents and other sources of the EU bodies containing information essential for the study of the paper topic were used. The author outlines that the improvement of the EU legal framework, through amendments of the existing or adoption of the new ones, should bring the evolution of the Member States’ rules, including states striving to the EU membership.

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Међународни и европски видови електронског трговања

Међународни и европски видови електронског трговања

Author(s): Žaklina Spalević,Miodrag Mićović / Language(s): Serbian Issue: 59/2017

Buying and selling goods and services online, enables participants to achieve their needs in a more efficient and cost-effective manner, but at the same time exposes them to the risks for which they can find themselves at a disadvantage. That is why legal rules are established, in order to provide necessary safety and protection for the participants of the electronic commerce. These rules are the subject of the legal analysis in this paper, and they refer to: form of a contract, the obligation to inform, confirmation of the receipt of electronic messages, correction of the incorrect data entry, protection from unwanted commercial messages, legal scope and the jurisdiction of the court in resolving cross-border disputes.

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Уговор о копненом осигурању и право Европске уније

Уговор о копненом осигурању и право Европске уније

Author(s): Dobrica Vesić,Milenko U. Dželetović / Language(s): Serbian Issue: 59/2017

The citizen Code of the Republic of Serbia is incorporated Institute of concluding the insurance of things (assets), responsibilities and persons, and thus opens up specific rules that are established in the EU directives. These rules have impacted the national, or the mandatory regulations of the Member States on the essential ingredients of an insurance contract, or the content of this agreement. EU directives, i.e. their rules relating to the area of insurance contracts, did not directly intervened in the domain of the contents of the insurance contract by stipulating the essential elements of the contract of insurance. The Directive stipulating the obligation of the insurer to provide information to the policyholder/customer of the insurance contract to be concluded and the requirement that the insurer takes over the insurance contract, as well as stipulating the right of the policyholder of the individual life insurance that can decide within a given period, are only an indirect impact on the national regulations of the Member States on the content of the insurance contract. In this way the Member States have adopted the directives to lay down the required information and that they have to be the mandatory content of the insurance contract.

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Координација у стечајним поступцима против чланова групе трговачких друштава према Уредби 848/2015 Европске уније

Координација у стечајним поступцима против чланова групе трговачких друштава према Уредби 848/2015 Европске уније

Author(s): Vladimir Čolović,Siniša Aleksić / Language(s): Serbian Issue: 59/2017

Regulation (EU) No. 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings is the first international documents regulating the insolvency of members of a group of companies. The members of a group of companies are independent commercial companies, which are interconnected by the capital or by the contract. One of the important issues in regulating bankruptcy against the members of the group of companies concerns the independence of the members of the group as legal entities, bearing in mind that there is a mutual dependence between these companies. Regulation (EU) No. 2015/848 regulates the cooperation of the bankruptcy trustees and courts, if the bankruptcy proceeding pending against two or more members of a group of companies. Also, this act regulates the procedure of coordination between the members of a group, anticipating submission of a plan of coordination, as well as the appointment and powers of coordinator. The coordinator shall be a person eligible under the law of a Member State to act as bankruptcy trustee. Coordination procedure is initiated and conducted in accordance with applicable law for the bankruptcy proceeding in which was appointed bankruptcy trustee who filed the request for the initiation of the bankruptcy proceeding, i.e. by the rule of lex fori concursus. Previously, the court must determine that coordination is necessary at all, i.e. that the initiation of the coordination proceeding will facilitate the conduct of proceedings against members of the group of companies. Otherwise, Regulation 848/2015 emphasizes the need for cooperation and communication between members of the group companies, in the event of their problems with insolvency. This highlights the interdependence of these companies, no matter that they are independent legal entities. The author pays attention to the Legislative Guide on Insolvency Law adopted in the framework of UNCITRAL (United Nations Commission on International Trade Law), which contains recommendations for regulation in this area. Also, the author pays attention to the Act on Bankruptcy of the Republic of Serbia, which does not regulate bankruptcy of the members of the group of companies, but only the coordination between the main and secondary insolvency proceedings.

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Уредба Европског парламента и Савета 514/2014 о фонду за азил, миграције и интеграцију и о инструменту пружања финансијске помоћи полицијској сарадњи

Уредба Европског парламента и Савета 514/2014 о фонду за азил, миграције и интеграцију и о инструменту пружања финансијске помоћи полицијској сарадњи

Author(s): Duško Dimitrijević / Language(s): Serbian Issue: 59/2017

Internal Affairs Policies of the European Union have been steadily growing in importance in recent years. Their goal is to create a more open and secure Europe. These policies, in fact, want to achieve this goal through the effective management of migration flows and preventing crimes, while enabling legitimate travel and ensuring the management of the EU’s external borders. Therefore, at the end of 2013, the competent authorities of the EU agreed on the multiannual financial framework (the EU’s long-term budget). Parallel to this, the EU has made the system of instruments and rationalization of consumption, which led to the formation of two home affairs funding instruments, namely: the Asylum, Migration and Integration Fund and the Internal Security Fund (which consists of two instruments - ISF Borders and ISF-Police).With the adoption of Regulation (EU) No 514/2014 on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management by the European Parliament and the Council establishes the general rules for the implementation of three "special" Regulation of the European Union relating to such Funds in the period 2014 to 2020.

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Регионална политика у Европској унији

Регионална политика у Европској унији

Author(s): Ljiljana Mudrinić / Language(s): Serbian Issue: 59/2017

The paper discusses the political, legal and economic aspects of regional policy and regionalization in the context of the European Union and the regional reorganization of regionalism in modern states, which in the conditions of globalization processes redefine sovereignty of States Contemporary. The regionalization as the process of establishing the administrative, legal and political unit includes decentralization and the implementation of the principle of subsidiarity, and encourages balanced socio-economic development. The breakdown mentioned aspects aims at understanding the meaning, knowledge of the characteristics and the political, cultural, historical and socio-economic context of regionalism as a prerequisite for a rational understanding of the problems of regional development. Regional Policy of the European Union, although one of the oldest common policies, is the policy that the Western Balkan countries slowly followed, and in this area have done the least. The aim of the regionalization process which has spread over Europe to harmonize legal standards that would turn helped the integration processes in transitional Europe. To this end, there are legal, institutional and financial instruments of support. Throughout Europe, there are regional units of different sizes and varying in legal status and unambiguously regulated by the processes of deconcentration and decentralization of power. While the European Union has established a legal framework, however, the general formula for the European regional policy and standard form, European traditions and European legal practice does not recognize.

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Директиве о сигурности људске крви у Европској унији

Директиве о сигурности људске крви у Европској унији

Author(s): Katica Tomić / Language(s): Serbian Issue: 59/2017

Blood transfusion in the EU is of a general national interest. The continuous, efficient and timely supply of the safe blood and the blood products to medical institutions and patients is an important prerequisite for the successful functioning of any health system. The European Blood Safety Directives pose a challenge to all blood establishments and hospital blood banks and the main objective of these Blood Safety Directives is to provide the same high standards of blood quality and safety for all patients throughout the EC and the candidate countries like the Republic Serbia. The 2002/98/EC and its subsequent Directives for the first time managed to create an overarching legal framework for transfusion procedures. These directives consist of a number of standard definitions as well as detailed standard operating procedures, and yet leave room for interpretation and different practices between the EU member states. Transposing the Directive (2002/98/CE) into the national legislation of the EU Member States represents the basis for an equal minimal safe blood transfusion and a demanding job for each of the EU countries. Moreover, member states are to be monitored regarding their progress on their compliance with the directives, including the inspection and control measures by the national authorities. In order to do this, the candidate country, the Republic Serbia will need to change and supplement the legislation adopted in 2009. Published report on the progress of transposition of the Blood Safety Directives into national legislation reveals different standards, suggesting a lack of uniformity of safety and quality requirements. Furthermore, due to the technological progress since the adoption of directives, some of them (e.g. definitions, provisions on the safety of blood donors and patients, the inspection framework) became outdated. It is currently creating practical medical problems. This might undermine public confidence in the quality of blood products and the health protection of donors. The proposal for revising the Blood transfusion law in Serbia would help in optimising patient safety, donor healthcare and the efficiency of the healthcare systems dedicated to transfusion medicine. The Republic Serbia is actively preparing the conditions for the transposition of blood directive that will be achieved up to 2019, aiming high standards for national blood establishments and identifying a quality system for blood establishments to ensure comparable management of blood safety throughout Europe.

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Анализа извештаја Европске комисије за Србију од 2011. до 2015. године

Анализа извештаја Европске комисије за Србију од 2011. до 2015. године

Author(s): Milica Krivokapić,Mitko Arnaudov / Language(s): Serbian Issue: 58/2016

This paper analyzes the reports of the European Commission about the Republic of Serbia in the process of its accession to the European Union. Taking into account the numerous challenges facing Serbia on the domestic and regional level, the main objective of this work is precise presenting of existing and potential barriers on its European path. The authors of this paper primarily put emphasis on the internal problems in the Republic of Serbia. In detail are described the advantages and failures of the political, social, economic, and social system of Serbia. Analyzing reports in the period from 2011 to 2015, the authors explain the challenges facing the Republic of Serbia at the domestic level. Despite the numerous problems in the region of Western Balkans, unstable relations with the immediate neighborhood, ethnic and national issues, post-conflict stabilization and the Kosovo issue, the political elite in Belgrade are facing a number of issues within state structures. Reports, clearly note down clearly existing problems in the functioning of state and public systems of Serbia, which adjustment according the systems within the Member States of the European Union represents, probably a key challenge on the European path. An additional problem is observed in the fact that similar or identical problems are evidenced from year to year. The Republic of Serbia in the process of reforming their state administration, based on the analysis of reports, has done very little over a period of five years. On that basis, the conclusion of this study clearly indicates that regional issues which are facing the Republic of Serbia and challenges in the European Union are not the only, nor the crucial challenges on its European path. The significance of the problems and outstanding issues at the domestic level will crucially effect on Serbia in accelerating its process of joining the European Union.

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Статистичке методе регионализације и правни оквир прекограничне економске сарадње у Европи

Статистичке методе регионализације и правни оквир прекограничне економске сарадње у Европи

Author(s): Slobodan Nešković / Language(s): Serbian Issue: 58/2016

The main characteristics of regionalisation as process differ from country to country, mainly with differences in political, social, economical, cultural, historical differentness. Region is geographical area with political and social characteristics, while regionalisation consists of vast crosstate political activities. Activities in regionalisation process are funded from Structural and Cohesion fund. Political integration in EU is organized with subsidiary and proportionality principle. The European Union in 1997 through its Statistical Office (EUROSTAT) agreed on the introduction of NUTS territorial system in order to provide a statistical framework system. Euro regions are cross-border structures for cooperation between local and regional governments to promote common interests and improving the living standards of Inhabitants.

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Политика Европске уније у области заштите од поплаве

Политика Европске уније у области заштите од поплаве

Author(s): Aleksandar Jazić / Language(s): Serbian Issue: 58/2016

Natural disasters are becoming more frequent and dangerous phenomenon. The main cause of this condition is globalization and very fast industrialization and technological development related to it. The main result of these circumstances is climate changes, which cause transformation of eco-system on the planet. The climate changes could be clearly noticed through a more often phenomenon of floods. Today, floods are a natural disaster that often causes very wide conditions. The consequences of floods are extremely harmful and cause endangering of human lives, material goods and the environment. Elimination of flood side effects is a long and costly process. The main goal in this process is restoring affected areas to previous conditions. Emergency situations arise when natural disasters reach a certain volume. It often happens that the emergency situation in one country spread to neighboring countries. Then an emergency situation gets a regional character. That is why the competent institutions of the European Union realize the danger of floods, or the occurrence of emergency situations, very seriously. In order to prevent flooding and reducing its consequences, the European Union is developing its own policies in this area. In the first place is the analysis of the problem of flooding in the territory of the European Union in order to adopt an efficient approach. This is a prerequisite in protection policymaking from the occurrence of floods. The longterm approach requires the development of capacities for flood management in order to limit the occurrence and negative consequences of floods, and the competent institutions of the European Union are making great efforts in this direction.

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Контрола спољних граница и приступање Србије Европској унији

Контрола спољних граница и приступање Србије Европској унији

Author(s): Duško Dimitrijević,Dobrica Vesić / Language(s): Serbian Issue: 58/2016

The process of Serbia's accession to the European Union implies the harmonization of domestic legislation with the EU acquis in the field of external border, immigration and asylum rights. Control of external borders is related to negotiation Chapter 24 concerning justice, freedom and security. On 18 July 2016, Serbia opened the mentioned Chapter in the accession negotiations with the European Union. In the forthcoming period, Serbia as a candidate for accession to the European Union will have to ensure the efficient management of its borders through the establishment of cooperation at the level of border services, cross-border and international cooperation, in order to achieve an appropriate balance between openness and security of its borders. In addition, Serbia will have to ensure efficient local border traffic at its external land borders in line with the EU acquis. Also, with existing national strategies relating to the areas referred to in Chapter 24, Serbia will have to adopt a new strategy and action plan on integrated management of state border (IBM) that is applied in the European Union, and which in itself implies a significant improvement of the human, technical and information capacities which is required by the Schengen regime and its second-generation of information system (SIS II).

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Циљне санкције у међународном и комунитарном праву - случај "Кади"

Циљне санкције у међународном и комунитарном праву - случај "Кади"

Author(s): Jelena Stojiljković / Language(s): Serbian Issue: 58/2016

Terrorism, as one of the greatest challenges the world is facing today, is a common threat to all people and states and it certainly requires an international response. The research goal of this paper is to describe, through an analysis of the judgment of Court of First Instance in Kadi case, the shift from economic sanctions against whole nations to sanctions targeted at individuals. Although the targeted sanctions have appeared precisely in response to criticism aimed at economic sanctions and also due to some historical circumstances, targeted sanctions regime has been receiving criticism for the manner in which individuals may come to be selected without transparency or possibility of formal review. The important questions related to the targeted sanctions arose in the Kadi case concerned the competence of the Community to adopt and implement targeted (smart) sanctions, directed against terrorist – individuals.

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Лобирање у преговорима о приступању Европској унији

Лобирање у преговорима о приступању Европској унији

Author(s): Nenad Vasić,Duško Dimitrijević / Language(s): Serbian Issue: 56-57/2016

Lobbying for accession to the EU is an important factor in the negotiation process for all candidate countries because it allows more effective adoption, implementation and enforcement of European legislation (acquis communautaire). Since the negotiation process on accession to the European Union takes place in the framework of intergovernmental conferences, lobbying within the institutions of the European Union has a special significance in the opening and closing of all 35 negotiating chapters. As is known, the European Council made on 28 June 2013, the decision to open accession negotiations with the Republic Serbia. The negotiation process for accession to the EU officially started in Brussels on 21 January 2014. With the opening of chapter 24 relating to the sensitive area of justice, freedom and security, Serbia has made significant progress in harmonizing national legislation with European Union law. Within the obligations that were taken by this chapter, is inter alia, the adoption of regulations on the organization and carrying out lobbying activities. With their implementation, Serbia will demonstrate its commitment to the whole accession process integrations in the European Union.

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Посебан статус Велике Британије унутар Европске уније

Посебан статус Велике Британије унутар Европске уније

Author(s): Slobodan Zečević / Language(s): Serbian Issue: 56-57/2016

On the European Council meeting of 16 February 2016, the British Prime Minister David Cameron obtained a “special status” for the United Kingdom in the European Union. About a further EU membership, the British voters will decide in a referendum scheduled for 23 June 2016. The “special status” implies that the provision of the treaty of the European Union about “as close as possible Union among member states” in future will not be applicable to the UK, but that also include the right for the British government to apply a discriminatory measures in the field of social care between newly arrived European and British workers. Great Britain did not get a right to veto the decision of ministers of finance of the euro zone. The UK government aims to achieve a maximum benefit, but at the same time to participate less in the integration process in the European Union. Thereby the British impede a progress towards greater unity and solidarity in the European Union, which is obviously necessary to respond to the challenges of the globalized world (economic crisis, migrations).

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Комитет региона - демократска снага Европске уније

Комитет региона - демократска снага Европске уније

Author(s): Bojan Milisavljević,Marko Stanković / Language(s): Serbian Issue: 56-57/2016

The paper analyzes the Committee of the Regions in the context of the democratization of the entire European Union. First, it points to the need for convergence of the Union institutions to the citizens, and then it continues to stress the importance of the establishment of the CoR and especially considers its relationship with other bodies of the European Union. Special attention will be paid to the evolution of competencies that accompanied this body from the founding of the Treaty of Maastricht, to the last institutional reform contained in the Treaty of Lisbon. It emphasized the organizational structure of the CoR, which is specific and processed the most important actors within this body. Particular attention is given to the impact that the CoR has on the decision-making process in the areas where it is required its participation in procedures and cooperation with other bodies. It points to the existence of differences in relation to the Economic and Social Committee and provides a brief overview of their activities. It especially highlighted the cooperation with other similar bodies, particularly with the Congress of Local and Regional Authorities of the Council of Europe, where a coordinated action is obvious.

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Проблем демократског дефицита у политичком систему Европске уније

Проблем демократског дефицита у политичком систему Европске уније

Author(s): Tomo Odalovic,Nebojša Jerinić / Language(s): Serbian Issue: 56-57/2016

In modern society, the sovereignty of the people is expressed through elected representatives indirectly and not by direct voting on certain issues. Viewing and understanding democracy in this way can raise questions whether the mechanisms which ensure that decisions come from the national representatives, authentically correspond to the general will of the people. The problem regarding the restriction of democratic structure can also meet other difficulties, as critics suggest, political democracy is useless if it does not join power in other spheres, especially in the field of political economy. The democratic deficit of the European Union is conditioned by many aspects. Firstly, it expresses the dilemma regarding the methods the EU institutions use to express the general will of the people of the Member States, in relation to the motives for the integration. Secondly, the democratic deficit can be seen as a consequence of the comprehensive law, which can be applied in uneven democratic conditions and differently developed democratic institutions of the EU Member States. Thirdly, the democratic deficit is conditioned by many legal and technical issues arising from the nature of the community law, formed in cooperation between different civil and common law institutions and systems. Furthermore, the democratic deficit can be caused by the high degree of the EU bureaucracy and, especially, the role of the European Commission. The concept of direct democracy could reduce the differences that separate the EU institutions and the public perception of the European politics, however, significant changes cannot be achieved without the active participation of well-informed citizens who are willing to take the time to engage in future of the EU policy-making processes. One of the most important goals of the Lisbon Treaty was making the European Union more democratic, effective and transparent. The standards are certainly raised in terms of democratic accountability by strengthening the role of the European Parliament and the national parliaments and by establishing new mechanisms such as citizens’ initiatives, Spitzenkandidaten process, the Principle of subsidiarity and many others. Indeed, a democratic society grounded in the rule of law can provide the essential environment within which the right balance between diversity and unity can be achieved. However, critics may argue whether it is possible to make a distinct separation of jurisdictions, legal certainty and equality before the law in the sui generis organization such as the European Union.

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Ликвидација (стечај) осигуравајућих друштава по одредбама уредбе "Солвентност II"

Ликвидација (стечај) осигуравајућих друштава по одредбама уредбе "Солвентност II"

Author(s): Vladimir Čolović / Language(s): Serbian Issue: 56-57/2016

Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance, which is better known as Directive "Solvency II" began to be applied after a series of delays, from 1 January 2016. Otherwise, this matter was previously regulated by Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganization and winding-up of insurance undertakings. Directive "Solvency II" regulates, primarily, the establishment of insurance companies and companies engaged in re-insurance, supervision of the work of these companies and the reorganization and winding-up of direct insurance companies. This act defines that only the competent authorities of the home Member State shall be entitled to make a decision concerning the opening of winding-up proceedings with regard to an insurance undertaking, including its branches in the other Member States. The decision to open winding-up proceedings with regard to an insurance undertaking, the winding-up proceedings and their effects shall be governed by the law applicable in the home Member State. By the rules of this act, Member States shall ensure that insurance claims take precedence over other claims against the insurance company. Also, every insurance company shall keep at its head office a special register of the assets used to cover the technical provisions calculated and invested in accordance with the law of the home Member State. After the opening of the winding-up proceeding, the competent authorities of the home Member State, the liquidator or any person appointed for that purpose by the competent authorities shall, without delay individually inform by written notice each known creditor whose habitual residence, domicile or head office is situated in another Member State. Also, Directive "Solvency II" regulates right to lodge claims (any creditor, whose habitual residence, domicile or head office is situated in a Member State other than the home Member State shall have the right to lodge claims or to submit written observations relating to claims), withdrawal of the authorization to the insurance company and some common provisions for the reorganization and winding-up. In Serbia, the same legal act is governing bankruptcy and liquidation of banks and insurance companies - Act on Bankruptcy and Liquidation of Banks and Insurance Companies. The author presents the provisions of the Directive "Solvency II" and criticizes the method of regulating this matter in Serbia. Criticism of the Serbian legislation on this topic relating to regulation of the role of the Agency for Deposit Insurance in the insolvency (bankruptcy) proceeding of insurance companies and to the regulating of the transfer of the insurance portfolio to another insurance company. Likewise, the author defines the way in which the Directive "Solvency II" can affect the insurance market in Serbia.

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Место и улога ФРОНТЕКС-а у спровођењу нове политичке граничне безбедности Европске уније

Место и улога ФРОНТЕКС-а у спровођењу нове политичке граничне безбедности Европске уније

Author(s): Bojan D. Janković,Vladimir M. Cvetković / Language(s): Serbian Issue: 56-57/2016

This paper presents the results of the analysis of the Council Regulation (EC) No 2007/2004 on establishing the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX). Also, the analysis of other regulations that amended the Regulation No 2007/2004 has been completed. The mentioned Regulation was made after the abolition of controls at internal borders of the EU when the Member States remained responsible for the control and surveillance of external borders in accordance with the common rules on standards and procedures for the control of external borders. FRONTEX was established to reinforce the security of external borders of the EU, with the role of coordinating the operational cooperation between the countries. This paper analyses the organization of FRONTEX, and it also presents its role in the implementation and coordination of joint operations, pilot projects, rapid interventions, as well as situations and conditions in which teams of European border guards are to be engaged. It provides a special view regarding the cooperation of FRONTEX with institutions outside the EU relevant to the issues of border security, particularly in those countries that have been identified as sources and transit routes of illegal migration, within the framework of working arrangements concluded with those bodies. FRONTEX has signed such Working Arrangement on establishing operational cooperation with the Ministry of the Interior of the Republic of Serbia. The Organizational unit of the MoI of the Republic of Serbia that realizes direct cooperation with this agency is the Border Police Directorate. The paper stated that Serbia as a candidate country for membership in the EU is working closely with the mentioned Agency. However, there is still room for improvement in this cooperation. Before its full membership in the EU, Serbia will have to adjust all the procedures in line with standards set by FRONTEX, for which substantial funds will be needed.

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