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Директива 2014/49/ЕУ о системима осигурања депозита

Author(s): Aleksandra Višekruna / Language(s): Serbian Issue: 52-53/2015

In 1994 the Directive on deposit insurance was introduced into the EU legal system as one of the steps for completion of the internal market. Creating safe and sound financial market and obtaining the confidence of depositors became main goal of this document. However, being minimal harmonization directive, this act diverged from its original purpose and contributed to regulatory competition and the creation of unbalanced deposit protection schemes around the EU. Recently it has become clear that there was no an adequate mechanism for protection of depositors at the EU level. The Financial crisis in 2008 only reaffirmed that belief. Previous analysis showed that inadequate functioning and financing of deposit insurance schemes were two main problems. Having in mind the need of depositors for secure and timely payment of their deposits, on the one hand, and the need for complete information on their rights, on the other hand, the Directive underwent certain changes to ensure achievement of these goals. The Directive introduces the obligation of ex ante financing of the scheme, with a possibility of additional financing in case of insufficient funds. Also, one of the main factors in calculating the amount of contribution shall be the risk factor in the banking industry. The Directive retained minimum coverage of € 100,000 applying to all aggregated accounts of one depositor at the same bank. The Directive provides that the amount of time necessary to obtain financial means from scheme gradually reduces from 20 (currently) to 7 working days (by January 2024). In order to ensure that depositors are aware of their rights, they must sign an information sheet which contains all the relevant information about deposit protection. Bank is also required to circulate an updated standardized information sheet to their customers at least once a year. Serbia introduced deposit guarantee scheme a decade ago. Having in mind that Serbian legislators implement the newest EU legislation, the law on deposit insurance changed accordingly in 2015. Analysing norms of the current legislation, we conclude that new law has several points in which is still not (completely) harmonized with the solutions of the new Directive.

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Спорт у својству промоције здравља у Европској унији

Author(s): Dalibor Kekić,Dane R. Subošić / Language(s): Serbian Issue: 52-53/2015

Promotion of the sport plays a very important role in supporting the achievement of the recommended levels of physical activity in the European population. The subject of this paper is to support progress in the creation of policies to promote physical activity, highlighting recent developments in the national policies of Member States in the promotion of sport, with a focus on synergies and disagreements with health promotion increasing physical activity. The paper presents and discusses the main results of the latest analysis of the content of national sports strategies in the Member States of the European Union. During childhood and adolescence, physical education at school provides an excellent opportunity to learn about and practice the skills and ability to improve the lifetime fitness and good health. These activities may include running, swimming, bike riding and rock climbing, as well as more structured games and sports. Early mastery of basic skills is crucial for young people to perform better and understand the value of these activities in the course of their education, or as adults at work or leisure. In the White Paper on the sport, the Commission stated that the time spent in the sport, either in school physical education classes and extracurricular activities, can lead to significant educational and health benefits. In EU guidance given in the document “Health Enhancing Physical Activity” attention was especially dedicated to physical and mental health problems that were caused by the reduction of physical activity among young people and increase in obesity among young people.

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Европски парламент и политика проширења

Author(s): Petar Petković / Language(s): Serbian Issue: 51/2015

The enlargement policy was not without influence on the structural and political changes in the European Union. The most obvious example of the EU enlargement is the European Parliament which, from its beginnings to the last enlargement in 2013, increased its plenum by more than 600 delegates. Over time, the European Parliament has increased its role in the decision-making process in the EU too. From advisory positions, up to the co-decision procedure with the European Council, the European Parliament has become an indispensable institution in creation of the EU policy. The greater powers given to the Parliament opened the question of its responsibilities, especially in the context of the voting of newcomers parliamentarians from the countries of Central and Eastern Europe. Open doubts about the possibility of political and party cohesion disturbance have addressed the European Parliament’s detailed role in the EU’s enlargement policy. Whilst the new members of Parliament came from the post-communist countries, the balance of the division by party groups is not disrupted. The parliamentary system has been able to direct individual interests in the direction of making traditional political coalitions within the European Parliament.

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Нова Директива о правима потрошача у Европској унији

Author(s): Marijana Dukić Mijatović,Sanja Gongeta / Language(s): Serbian Issue: 51/2015

European Union legislation provides a high level of protection of consumer rights in the internal market. In the area of consumer protection can include the fair treatment of consumers, products that meet the required standards and the right to compensation. The new Directive on consumer rights in the European Union is applied in all Member States by 13 June 2014. The Directive harmonizes the rights of consumers in all EU countries in several important areas, with special emphasis on online shopping and e-mail as well as for the purchase share property which will certainly encourage them to expand their business across national borders.

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Предлог Директиве Скупштине Европе и Савета о продаји осигурања од 28. октобра 2014.

Author(s): Slobodan Jovanović / Language(s): Serbian Issue: 51/2015

Paper deals with the key changes to the Directive on insurance intermediation of 2002 addressed by the Proposal for a Directive of the European Parliament and of the Council on insurance distribution of 26 October 2014. Certain gaps have been noticed since adoption of the Directive 2002 and revision in line with the following five basic principles was necessary: (1) A high and consistent level of policy holder protection embodied in EU law, (2) Effective management of conflicts of interests and transparency, (3) Introducing clearer provisions on the IMD scope, (4) Increased efficiency in cross-border business and (5) Achieve a higher level of professional requirements. Main alterations of the existing framework for insurance intermediation author has analyzed in the following segments: directive’s scope, conflict of interest, duty to inform, fees / commissions, packaged products, duty to warn on the product inadequacy and fines.

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Специфичности индивидуализације европске компаније (SE)

Author(s): Sanja Škorić / Language(s): Serbian Issue: 51/2015

Attributes or characteristics of individualization of companies can be defined as a set of characteristics of a company by which it differs from other companies and organizations. By implementing unique business registries, publicly available over the Internet is the use and protection attributes partly solved, but only at the national level. However the economy market is not territorially limited, there are a number of specifics regarding companies that also operate in several countries, such as the European company. The elements of the individualization of the company include the business name, location, type of business, ethnicity, tax identification number, registration number, etc. The importance of individualization of companies is manifold, because, among other things, provides protection, often competing interests. First, to protect the interests of the company, which is very much in the interest of its own business ‘image’ (goodwill) built over the personal characteristics that would be recognizable to their business associates, service users and consumers. Then, protect the interests of consumers and users of services, which, in a crowd of companies engaged in the same or related activities, based on individual characteristics able to recognize and distinguish between what a company that suits them best. Individualization companies protect the legal and commercial transactions, and its security through mutual discernment of companies. Finally, by the individualization of companies are protected social (public) interests and, again by mutual discernment of companies in legal matters. A company acquires legal personality once it is entered in the prescribed register, and the registration has a constitutive effect. However, particularly in the European company (SE), there is a prior question, which is how to determine the personal law which will be applied to the individualization of SE, to determine its business name, national origin, taking into account that it can operate on the entire territory of the European Union and the Common Market, and there is still no single register, and they are registered under the rules of the state in which shall be entered in the register.

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Меморандум о разумевању о продаји фалсификоване робе преко интернета

Author(s): Sanja Jelisavac Trošić,Ana Jović-Lazić / Language(s): Serbian Issue: 51/2015

Since the Internet is very dynamic offenders constantly find a new ways to sell counterfeit goods, so it’s very difficult for the legislator to regulate all this. This is why the European Union has come to an agreement between the responsible parties on the Internet and owners of intellectual property rights, under the auspices of the European Commission and as a result has developed a Memorandum of Understanding on the Sale of Counterfeit Goods via the Internet. The Memorandum was drawn up with the aim to establish rules to combat the sale of counterfeit goods over the Internet. The cooperation of all participants in online shopping in the cases of report counterfeit goods is the most efficient way to withdraw it from the market and minimize the damage. This Memorandum promote cooperation between all participants in the sale and purchase via the Internet, in order to prevent forgery and sale and provide concrete measures, procedures and preventive procedures to take it to the best and most efficient way to solve and prevent such occurrences in the future. In Serbia there is ongoing process of transferring European achievements in the legal system, especially in the course of harmonization of legal provisions in the field of the Internet.

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Директива о сузбијању закашњења с плаћањем у привредним уговорима

Author(s): Marijana Dukić Mijatović,Sanja Gongeta / Language(s): Serbian Issue: 51/2015

In this paper authors analyzed the legal basis for the adoption of Directive 2011/07/EU on combating late payment in commercial contracts as well as the consequences for commercial entities after its entry into force and implementation into national law of the Member States of the European Union. Authors compared the legal and real terms of payment of trade transactions by the private and public sectors. Also, they pointed out the negative consequences of non-compliance with statutory time limits on the solvency of commercial entities, and consequently on the economy of a particular country.

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Волонтирање у области спорта у ЕУ

Author(s): Dalibor Kekić,Dane R. Subošić / Language(s): Serbian Issue: 51/2015

In EU countries, it is possible to distinguish between the two forms of volunteering depending on whether the volunteer is or is not a member of the organization in which volunteers. The first form is called a “mutually beneficial volunteering” as opposed to the other, which is called the “publicly useful volunteering.” Situation in each Member State is different and all forms of volunteering, the term “voluntary activities” refers to all types of voluntary activities, whether formal, non-formal or informal which are undertaken of a person’s own free will, choice and motivation, and is without concern for financial gain. They benefit the individual volunteer, communities and society as a whole. They are also an instrument for individuals and associations to address human, social, intergenerational or environmental needs and concerns, and are often carried out in support of a non-profit organization or community-based initiative. The European Year of Volunteering, 2011, which aimed at promoting the social and economic impact of volunteering by creating a favorable environment and conditions conducive to volunteering in the EU. The European sports model would be unable to exist and could not be justified without the support of millions of volunteers. Difficulties faced by the European Union in trying to harmonize this sector: sporting matters still fall within the competence of Member States and the European volunteer scene remains extremely varied because of the historical, political and cultural attitudes of each European country. EU Sport Directors Meeting in Prague, on April 28-29, 2009 emphasized that the specific characteristics of sport mentioned in the Lisbon Treaty should be defined in more detail and also concentrates on the specificity of the voluntary non-profit sports movement.

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Значај декларације министара и високих функционера о стратешким приоритетима у борби против високотехнолошког криминала

Author(s): Vladimir Urošević,Sergej Uljanov / Language(s): Serbian Issue: 51/2015

Countries of South-East Europe (SEE) going through the process of political and economic transition, and in recent years they are challenged by threats of cyber crime and removing consequences caused by cybercrime. The joint regional project of the European Union and the Council of Europe on cooperation against cybercrime under the Instrument of Pre-Accession (Cybercrime@IPA) started on 1 November 2010 and had duration of two years. Under the umbrella of this project, the Ministers and Senior Officials of Ministries of Interior and Security, of Ministries of Justice and of Prosecution Services of the countries and areas participating in the CyberCrime@IPA project adopted in 2013. in city of Dubrovnik, Republic of Croatia declaration named: “Strategic Priorities in the Cooperation against Cybercrime”. The authors are about to make review on this Declaration and its long term significance for the Republic of Serbia in the area of cyber crime suppression.

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Утицај избора за Европски парламент 2014. године на институционални систем Европске уније

Author(s): Slobodan Zečević / Language(s): Serbian Issue: 49-50/2014

Elections to the European Parliament in May 2014, may represent an institutional precedent in the development of the European Union. European political parties represented in the European Parliament for the first time on the eve of the election nominated its candidate for President of the Commission. The European Parliament has managed to impose European Council the nomination of Jean-Claude Juncker (Jean-Claude Juncker) as candidate for presidency of the European Commission, as the leader of the federation center-right parties that won the most votes in the parliamentary election. Democratically elected President of the Commission should have a stronger role in determining and leading the policy of the Commission, a greater influence in the selection of commissioners and greater political accountability for the European Parliament. The way that happened European parliamentary elections in 2014. actually contributes to the growth and influence of supranational democratic institutions within the institutional system of the European Union.

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Јавне набавке у процесу преговора Србије са Европском унијом

Author(s): Bojan Milisavljević,Saša Varinac / Language(s): Serbian Issue: 49-50/2014

Within the process of accession of the Republic of Serbia to the European Union, harmonization with EU acquis in the field of public procurement is contained in the Negotiation Chapter five of Public Procurement. As a candidate country the Republic of Serbia is obliged to completely harmonize its legislation in the field of public procurement with relevant EU acquis as well as to ensure its full implementation at all levels, from the Republic to the local one. Harmonization of the national legal framework with European Union acquis will be conducted in such a way that will secure adjustments with new European Union Directives in the field of public procurement along with the adequate time needed for all subjects in the public procurement system to adjust and that will eliminate all unnecessary administrative requirements and obstacles that have negative influence on the efficiency of public procurement procedures.

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Увођење институције јавног бележника у правосудни систем Републике Србије са становишта привредног сектора и ЕУ интеграција

Author(s): Vuk Raičević / Language(s): Serbian Issue: 49-50/2014

The Republic of Serbia’s Notary Law was presented to the public in 2011, but remained out of force for almost 3 years. Finally, the National Assembly adopted the Law on 31 August and it came into force on 1 September 2014, which was the first day of work for 92 public notaries. This article represents a review of the definition, scope of work and duties of these new public servants, especially their significance for economy and business as well as a short analysis of notary practices in the neighboring countries and the first experiences of Serbian notaries. Last, but not least, introducing the public notary service stands strongly in line with the Serbian EU integration processes, especially bearing in mind the early opening of Chapters 23 and 24.

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О потреби хармонизације закона о заштити података о личности са директивама и другим прописима ЕУ

Author(s): Dejan Lj. Milenković / Language(s): Serbian Issue: 49-50/2014

Personal data protection is an integral part of the corpus of the right to privacy, as a human right. As such, it is guaranteed in the Charter of Human Rights of the EU through the right to respect for private and family life and protection of personal data. Standards of protection of personal data, as a subjective, personal right of citizens, were determined at the level of the EU Directive 95/46 EC. Progress in modern information and communication technologies caused further development and improvement of these standards through other later EU directives. The importance of this right for the EU is also demonstrated in the fact that already in 2012 the Proposal of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data was prepared and it will soon replace Directive 95/46 EC. Therefore, in the near future, data protection will no longer be a question of harmonization, but the field of direct implementation of the of EU legislation. According to the European Commission reports on Serbia's progress, the Serbian Law on Personal Data Protection (2008) was in several occasions evaluated only as partially harmonized with Directive 95/46/EC and with later EU legislations. After the entry into force of the SAA, the Republic of Serbia has an obligation for harmonization. In this paper, the key shortcomings of the legislative framework within this area in the Republic of Serbia are presented and recommendations for their resolution are provided.

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Регулисање надлежности у стварима које се односе на потрошачке уговоре по одредбама Уредбе ЕУ 1215/2012

Author(s): Vladimir Čolović / Language(s): Serbian Issue: 49-50/2014

Regulation EU No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters defines the rules of jurisdiction and also of disputes relating to consumer contracts. In the same way, these matters are regulated in the previously issued documents, such as the Brussels Convention from 1968., Council Regulation No. 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters and in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters from 2009. Although in the meantime, several acts which regulate consumer protection passed, the provisions on jurisdiction in this area have remained the same. Regulation 1215/2012 primarily defines that consumer contracts cannot be concluded by consumers for the purpose of conducting economic or professional activity. This act defines these contracts. Except that, Regulation 1215/2012 applies to the cases where a party has a branch or a representative office in the State. Namely, where a consumer enters into a contract with a party who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State. Regulation 1215/2012 defines that a consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled. Also, Regulation 1215/2012 defines the possibility of deviation from its provisions by agreement, which must be concluded after the dispute has arisen. This agreement must allow to the consumer to bring proceedings in before a court other than the court which is defined by the Regulation 1215/2012. Regulation 1215/2012 defines the rule of general jurisdiction, which is determined by the residence of the defendant in a Member State, irrespective of his nationality, which means that it can be sued in that member state, which also applies to disputes concerning consumer contracts. This paper presents the provisions of the Draft Act on Private International Law of the Republic of Serbia, which defines the jurisdiction of domestic courts in disputes arising from consumer contracts. By the rules of this Draft, jurisdiction shall exist, if the contract was concluded with a person who, at the time of conclusion of the contract, performs professional or commercial activity in the Republic of Serbia or directs such activities to the Republic of Serbia or to several countries including the Republic of Serbia, and the contract falls within the scope of this activity. If we talk about the dispute between the consumer and the merchant, the domestic court will have jurisdiction when the consumer is habitually a resident in the Republic of Serbia. However, if we talk about the dispute of the merchant against consumers, who have residence in Serbia, the domestic court has an exclusive jurisdiction.

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Преговори Србије и Европске уније у вези поглавља 20 - предузетништво и индустријска политика

Author(s): Sanja Filipović,Miroslav Antevski / Language(s): Serbian Issue: 49-50/2014

The EU industrial policy (chapter 20) has the aim to improve competitiveness by speeding up the adjustment to structural change encouraging the establishment of an environment which is favourable for business creation and growth as well as domestic and foreign investments. EU acquis communautaire in the field of industrial policy mainly consist of policy principles and industrial policy communications. The aim of this paper is to determine whether Serbia meets these conditions or whether it has all the elements to define the negotiating position of the particular chapter. Serbia has adopted a relevant strategic document and the Action Plan, which are in accordance with the EU, integrated industrial policy and objectives of the EU strategy EUROPE 2020. It makes an integral part of enforcing the process of overall structural reforms in the country and it is based on enforcing the principles of the Lisbon agenda. The Small Business Act has been implemented and the Law on Limiting Payment Deadlines entered into force. As the chapter 20 is one of easier chapters for negotiation and so far, no Member State with which the negotiations has been completed failed to ask for interim periods or special agreements under this chapter; it may be concluded that Serbia is on a good way to close the negotiations for this chapter. However, what is more worrying is competitiveness of the national industries and improving the business environment.

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Регулатива продаје на даљину (distance selling) у Европској унији - глобални оквир и случај Велике Британије

Author(s): Slaven Savić / Language(s): Serbian Issue: 49-50/2014

In recent time, distance selling becomes increasingly important in everyday business. But, it carries certain legislation traps. Although distance selling seems interesting for consumers, a very important question is to ensure fair commercial practice. This paper will do a detailed analysis of the EU legislation of distance selling as well as the legislation of this kind of trade in United Kingdom.

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Рурални развој Европске уније према Уредби 1305/2013

Author(s): Dušan Dabović / Language(s): Serbian Issue: 49-50/2014

The Regulation (EU) No 1305/2013 lays down general rules governing the Union’s support to rural development, financed by the European Agricultural Fund for Rural Development (“the EAFRD”) and established by the Regulation (EU) No 1306/2013. It sets out the objectives to which rural development policy is to contribute and the relevant Union priorities for rural development. It outlines the strategic context for the rural development policy and defines the measures to be adopted in order to implement the rural development policy. In addition, it lays down rules on programming, networking, management, monitoring and evaluation on the basis of responsibilities shared between the Member States and the Commission and rules to ensure coordination of the EAFRD with other Union instruments (Аrt. 1). The Regulation declares its three main objectives: fostering the competitiveness of agriculture; ensuring the sustainable management of natural resources, and climate action; achieving a balanced territorial development of rural economies and communities including the creation and maintenance of employment (Art. 3). Due to the urgency of preparing the smooth implementation of the measures envisaged, this Regulation entered into force on the day of its publication in the Official Journal of the European Union.

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Правила ЕУ о производњи органског вина

Author(s): Ivana Ž. Rakić / Language(s): Serbian Issue: 49-50/2014

This article aims to provide an overview of the sector of organic wine production in the European Union. New EU rules for “organic wine” establish a subset of oenological practices and substances for organic wines and represent a solid basis for further development of the organic wine sector. Although the new rules are a good political compromise about the level of sulphites reduction in organic wine, they offer a clear benefit to consumers and have the advantage of improved transparency. As of August 2012, organic wine growers can use term “organic wine” on their labels with the EU organic logo replacing the label “wine made from organic grapes” for products produced before 31 July 2012.

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Регионална сарадња у области е-управе и улога поште

Author(s): Spasenija Ožegović,Dragana Šarac,Nevena Vidanović / Language(s): Serbian Issue: 49-50/2014

This paper includes the research of users’ needs for information society services, i.e. e-government on the basis of historical, cultural and economic ties in the territory of former Yugoslavia and the new trends in e-business and digital data transfer. It defines a functioning legal framework and economic viability for introduction of these services, and all this from the point of participation of post in the electronic market.

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