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Осврт на "покајнички" програм у праву конкуренције ЕУ

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

This paper provides a short review of the rules on leniency program in European Union competition law. The author points out that the new Commission Notice on Immunity from Fines and Reduction of Fines in Cartel Cases has been focused on providing greater transparency and predictability and that recent amendments are intended to improve the efficacy of the leniency programme and thereby, to make exposing a cartel increasingly attractive for cartel participants. The revised Leniency Notice clarifies the information an applicant needs to provide to the Commission to benefit from immunity and also the conditions for immunity and reduction of fines.

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Солвентност II (почетак обављања делатности осигурања и реосигурања и услови пословања)

Author(s): Jasmina Vukotić / Language(s): Serbian Issue: 49-50/2014

This paper presents the provisions of Solvency II relating to the taking-up of insurance and reinsurance business and the conditions governing business of the insurance and reinsurance undertakings. The taking-up of the business of direct insurance and reinsurance shall be the subject of prior authorisation and it shall be sought from the supervisory authorities of the home Member State. This authorisation shall be valid for the entire Community and it shall permit insurance and reinsurance undertakings to pursue business there, that authorisation covering also the right of establishment and the freedom to provide services. The Solvency II also stipulates the conditions for authorisation which the home Member State shall require for every undertaking for which authorisation it is sought. As for the conditions governing business, there will be analysed the system of governance in the light of the requirements of the Solvency II. All insurance and reinsurance undertakings shall have an effective system of governance in place, which provides for sound and prudent management of the business. That system shall at least include an adequate transparent organisational structure with a clear allocation and appropriate segregation of responsibilities and an effective system for ensuring the transmission of information. Also, the system of governance shall be proportionate to the nature, scale and complexity of the operations of the insurance or reinsurance undertaking.

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Царинска политика Европске уније у функцији подстицаја развоја електронске трговине и поштанских услуга

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

The customs policy represents one of the cornerstones of the European Union, with the key role in creating the single market and common economic policy of all EU states. This policy defines common obligations in functioning on the external and internal borders of the Union by creating common regulations flows and taxing of goods, by respecting all requests regarding sustainable environment, cultural values, and avoiding money frauds, terrorism and organised crime. The results gained by our researches point out to the fact that until recently, the main role of the customs has been fiscal, this including collection of taxes and indirect export taxes, while the today the main role of customs is primarily in fostering trade and protection the interests of the European Union and its citizens. Customs administrations of the Union members are implementing the EU policy in every segment related to international trade, which implies upgrading the customs system and its procedures by introducing new modern information systems which will improve and foster international trade of goods and services and ease flow of capital. Having in mind that successful cooperation with customs is of crucial importance for further development and integration of postal traffic into the European and global postal trends, this paper sets the framework for further research focused on cooperation between postal operators in Serbia with customs administration in Serbia and in other European Union members emphasizing the level of liberalisation, deregulation and harmonisation of regulations, barriers and developing different modes of overcoming these barriers from different stakeholders in postal services as the area of services of general interest.

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Право Европске уније у области спорта

Author(s): Dalibor Kekić,Dane R. Subošić / Language(s): Serbian Issue: 49-50/2014

The European Union has a very limited direct role in sports. The European Commission is composed of Directorates-General and several departments. Within the Directorate-General Education and Culture is the Sport Unit, which is responsible for the following main areas: cooperation within the Commission and with other institutions on sport-related issues, cooperation with national and international sports institutions, organisations and federations, bilateral meetings with sports institutions and organisations and international sports federations. One of a few specific measures in sports was taken by Decision No. 291/2003/EC of the European Parliament and of the Council of 6 February 2003 that established the European Year of Education through Sport 2004. The activities and initiatives undertaken during 2004 were organised at the Community, transnational, national, regional and local level and were sometimes co-financed by the Community. Activities compromised, for instance, the financial support for transnational, national, regional or local initiatives to promote education through sports. Although not directed specifically at sports, many of the rules, policies and programmes of the European Union have an impact on the sports in the world or are of interest to it. The common market of the European Union creates the right for any EU citizen to move and work freely in another member state. The landmark Bosman ruling confirmed that this right, when applied to professional athletes, forbade nationality quotas in sports leagues that affected EU citizens. This has changed the face of professional sports in the EU, with top teams now collecting talents from all over Europe and sometimes even fielding teams with no domestic players at all. The European Capital of Sport is a city designated by the ACES (European Capitals of Sport Association) since 2001 for a period of one calendar year during which it organises a series of sport events with a strong European dimension.

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Проблематика одређивања надлежности Европске уније

Author(s): Slobodan Zečević / Language(s): Serbian Issue: 47-48/2014

Division of powers between the European Union and its member states is a politically delicate matter. Actually, transfer of powers to the Union implies the reduction of powers of its member states. This calls into question the sovereignty of the latter ones. Historically, the expansion of powers of the European Community and later of the European Union was based on two foundations. It has its legal form in amendments to the agreement, on one part, but apart from this, powers expanded tacitly on the basis of the interpretation of the Treaty Establishing the European Community and through the legal practice of the Court of Justice, on the other. The 2009 Lisbon Treaty has codified division of the powers which exclusively belong the European Union, the powers which are shared by the Union and the member states and the powers in the field where the European Union could only support the arranging activities of the states. Moreover, it has defined the mechanism for limiting the spillover of powers for the benefit of the European Union, this even providing regression or actually retrieval of fields which were regulated by the Union to the sphere of competences of the member states. This has called into question the principle of irretrievable transfer of powers from the member states to the European Union institutions.

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ЕУ и Србија: од обавезе усаглашавања националних прописа са прописима ЕУ и њихове примене до прелазних рокова

Author(s): Dragoljub Todić,Nikola Dragišić / Language(s): Serbian Issue: 47-48/2014

The authors discuss certain elements in the three linked processes of importance for the negotiations of the Republic of Serbia (RS) with the European Union (EU): the process of harmonization of national legislation with EU legislation, the process of implementation of the legislation and practice of contracting transitional periods. In the first part of the paper there have been highlighted the weaknesses of the existing procedures for the preparation and adoption of regulations and harmonization of national legislation with the EU’s. This, above all, from the standpoint of the need to identify the real capacity of the economy and society to accept the standards of a new legal system such as the EU system. The second part of the paper points to certain assessments of the situation and problems in the implementation of legislation in the RS. The third part of the paper examines the practice of other countries that agreed transitional periods for the implementation of EU secondary legislation in their EU accession treaties. The author points to the need for the negotiation process to address adequately the possibility of contracting appropriate transitional periods, taking into account the fact that there are weaknesseses in the system of harmonization of national regulations and their implementation. The main thesis discussed in this paper is that due to weaknesses in the harmonization of national legislation with that of the organization, as well as the weaknesses in the implementation of the regulations, there is a need to make appropriate changes in the process of harmonization of national legislation with the EU’s and to carefully study all elements relevant for negotiation’s position of the RS, as well as possibilities and needs of contracting transitional periods for the implementation of certain EU legislation.

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Рачунарски криминалитет у Србији и европски стандарди

Author(s): Dragan Jovašević / Language(s): Serbian Issue: 47-48/2014

The new criminal law of the Republic of Serbia, which was adopted in 2005, prescribes criminal liability and punishability for a number of criminal acts against the security of computer data. The perpetrator performs these computer criminal acts by the abuse of computers, this causing property or non-property damage to other natural or legal persons. These incriminations basically include European standards defined by the Convention on Cybercrime and the Additional Protocol to the Convention on Cybercrime as well as a number of other European documents. The paper analyses the basic characteristics of cyber crimes in Serbia and to what extent they are harmonised with the European standards.

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Слобода кретања радника у праву Европске уније

Author(s): Aleksandra Popović / Language(s): Serbian Issue: 47-48/2014

Free movement of workers as a fundamental principle enshrined in Article 45 of the Treaty on the Functioning of the European Union developed by secondary legislation and the case law of the Court of Justice is analysed in this paper. The European Union citizens are entitled to look for a job in another EU country, reside there, enjoy mutual recognition of professional qualifications, equal treatment with nationals in access to employment, working conditions, social and tax advantages, and stay there after employment has finished. This paper also points out the importance of free movement of workers in the process of harmonization of the law of the Republic of Serbia with European Union law.

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Криза у Еврозони и европска интеграција

Author(s): Miroslav Antevski,Stevan Rapaić / Language(s): Serbian Issue: 47-48/2014

The authors analyse the mechanisms and consequences of the Eurozone crisis. The financial crisis has spilled over from the U.S.A. to Europe. In addition, the Eurozone had their own generators of crisis and they are as follows: huge indebtedness of some member states, intra-European trade imbalances, inconsistency of the central monetary policy and decentralized fiscal policies, deregulated financial markets and poor risk management of the banking sector. The anti-crisis mechanism is based on strict savings, which adversely affects the launch of a new investment cycle and sustainable economic growth. The Eurozone crisis has led to a decline in the degree of political unity in the European Union and the division between the creditor and debtor countries.

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Хармонизација националног законодавства Републике Србије са Конвенцијом о заштити финансијских интереса Европске уније

Author(s): Jelena Šuput / Language(s): Serbian Issue: 47-48/2014

The paper analyses the harmonization of the Criminal Code of the Republic of Serbia with the Convention on the protection of the European Communities' financial interests. The mentioned Convention entered into force on 17 October 2002, along with its First Protocol and the Protocol on its Interpretation by the Court of Justice. The Second Protocol entered into force on 19 May 2009. The Convention and its Protocols are open for signing by any country that joins the EU. According to the Convention, the member countries should prescribe in their national legislations offences against finance interests of the European Union. Prevention and combating of fraud affecting the European Communities' financial interests is a matter of common interests of all its member states. Offences against financial interests of the European Union must be punishable by effective and proportionate criminal penalties in every member country. Each of those counties should take necessary measures to allow heads of businesses or any persons having power to take decisions or exercise control with a business to be declared criminally liable in cases of fraud affecting the European Communities´ financial interests and take the measures to establish its jurisdiction over the offences it has established in accordance with its obligations under the Convention. In the future period, the Republic of Serbia should become a member state of the European Union and harmonize its national legislation with that of the European Union. This should be done in the area of protection of the European Communities’ financial interests.

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Ретроспектива усклађивања регионалне легислативе у контексту реорганизације стечајног дужника са прописима ЕУ

Author(s): Mirela Čokić-Džinić / Language(s): Serbian Issue: 47-48/2014

Primarily, in order to become members of the EU some countries in the region should harmonise their legislations with those which are currently in force in the EU member states. Actually, we can by no means neglect the fact and the relevant impact which have been exerted on our regional legislations so far by the sources in the field of bankruptcy and reorganisation of companies. They have mostly caused reform changes in the laws which previously regulated bankruptcy and the issues related to it. This has priority significance because the Europeanization brought the introduction of a totally new system which up to that moment – had not existed terminologically. True, reorganisation was partly regulated within somewhat different frameworks being based on forced settlement – according to the regulations that were previously implemented (The Law on Forced Settlement, Bankruptcy and Liquidation). As since 2003/2004 up to the present times this mechanism has not brought some good results in practice in rehabilitation of companies, it is necessary to introduce some mechanisms from European law. They would, first of all, have a positive reflection in the final analysis on some cases in legal practice de lege lata and de lege ferenda. In that sense, some solutions will be proposed to some countries in the region and they could serve as good examples taken from the EU. The paper will provide those additional mechanisms intended for successful application of the mechanism for reorganisation of companies. This especially concerns the region, which going through a transition period and privatisation, is making attempts to maintain the sound bases of business with the application of the mechanism of reorganisation, but unfortunately, with not so much success.

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Директива о реосигурању (2005/68/EC)

Author(s): Jasmina Vukotić / Language(s): Serbian Issue: 47-48/2014

The article deals with the Directive on reinsurance and in particular, its provisions on taking-up of the business of reinsurance and the authorisation of the reinsurance undertaking, bearing in mind that the Directive applies to the self-employed activity of reinsurance carried on by reinsurance undertakings which conduct only reinsurance activities. An important novelty of this Directive is that taking up of the business of reinsurance is the subject of prior official authorisation issued by the competent authorities of the home Member State in which the company establishes or shall establish its head office and the authorisation shall be valid for the entire Community. The issued authorisation shall permit a reinsurance undertaking to carry on a business there under ether the right of establishment or the freedom to provide services. Authorisation shall be granted for non-life reinsurance, for life reinsurance or for all kind of reinsurance activities. Every reinsurance undertaking should adopt one of the forms set out in the Annex 1 to this Directive. Head office of a reinsurance undertaking shall be situated in the same Member State as its registered office. Further, the Directive has processed principles and methods of supervision and it is stated that the financial supervision of reinsurance undertaking shall be the sole responsibility of the home Member State. If the competent authorities of the host Member State have a reason to consider that the activities of one reinsurance undertaking might affect its financial soundness they shall inform the competent authorities of its home Member State, which shall determine whether the reinsurance undertaking is complying with the rules laid down in this Directive. Also, there are rules for acquisition of qualifying holdings, of the information to the competent authorities by the reinsurance undertaking, of the professional secrecy and exchanges of information and duties of auditors to report to the competent authorities. Further, there are rules relating to technical provisions, the equalisation reserves and to solvency margins and to the guarantee fund.

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Еколошки порези у Европској унији

Author(s): Nebojša Jeremić,Mila Georgijevski / Language(s): Serbian Issue: 47-48/2014

Environmental tax is a form of taxation in which the tax base is expressed in physical units of substances which have proved a negative effect on the life environment. As environmental problems transcend state borders (problems related to pollution of rivers, the atmosphere, the sea, ozone layer, climate changes etc.) there is a clear preference for solving the problem and finding a solution. However, the problem is how to choose instruments. One way is the use of Environmental taxes, which brought to the European Union over the 302.7 billion Euros in 2011 (equivalent to 2.4% of the gross domestic product of the EU). These taxes are paid on energy, transport, pollution and resource. Taxes on energy bring a dominant amount of tax revenue from environmental taxes. Ecological public revenues (taxes, fees, excise on products, penalties, etc.) can lead to a “double dividend”: 1. to improve the quality of the environment and, 2. to reduce the tax burden of other taxes. An ecological tax reform can be carried out in the Republic of Serbia with positive results in protecting the environment and boosting the competitiveness of the Serbian economy through lower taxing of work.

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Прописи Европске уније о генетски модификованим организмима

Author(s): Dušan Dabović / Language(s): Serbian Issue: 47-48/2014

To ensure that the development of modern biotechnology, particularly of technology of genetically modified organisms (GMOs), takes place in complete safety for all citizens of the Member States of the Community, the European Union has established a detailed legal framework which is mainly composed of regulations. Thus, the entire territory has been covered by the identical legislation in this area. The main act is the Regulation (EC) 1829/2003 on genetically modified food and feed, which provides a general legal framework of genetically modified food and feed. The Regulation aims to ensure a high level of protection of life and environment, while ensuring that the internal market functions efficiently. The Regulation was adopted together with the Regulation (EC) 1830/2003 which provides traceability and labelling of GMO products on the market. In addition, there was adopted Directive 2001/18/EC on the deliberate release of GMOs into the environment, which provides principles and detailed procedures for the experimental introduction into the environment and placing on the market of GMOs. Also, in this are the Regulation was adopted, which defines the universal code for labelling GMOs, the Regulation on the transboundary movement of GMOs, the Directive on the contained use of genetically modified micro-organisms as well as a guidance on the application of the legislation and guidelines for users in order to ensure the coexistence of genetically modified, conventional and organic crops. In addition, a number of legal acts were adopted which amended the legislations.

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План царине Европске уније за борбу против кршења права интелектуалне својине

Author(s): Sanja Jelisavac Trošić / Language(s): Serbian Issue: 47-48/2014

With the international trade growth and constant technological advances, infringements of intellectual property rights have become a problem all over the world. The European Union aims to protect these rights and to effectively implement protection at its external borders. The fight against piracy and counterfeiting is an integral part of the work of the customs authorities of the European Union. To implement an effective fight against infringements of intellectual property rights it is necessary to first establish a good and comprehensive legal framework. In addition, an essential component of the EU strategy for the effective enforcement of intellectual property rights is international cooperation. Serbia, as a candidate country for membership in the European Union, has established cooperation with it and has already implemented a number of European Union support programmes in the fight against IPR infringement on the Serbian customs borders.

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Одлука Министарског савета 2013/366/ЗСПБ о измени и продужењу мандата специјалног представника Европске уније на Косову

Author(s): Jelica Gordanić / Language(s): Serbian Issue: 47-48/2014

The mandate of the EU Special Representative in Kosovo is based on the policy objectives of the Union in Kosovo. This include playing a leading role in promoting a stable, viable, peaceful, democratic and multi-ethnic Kosovo, contribution to regional cooperation and good neighbourly relations in the Western Balkans creating a Kosovo that respects the rule of law, protection of minorities, religious and cultural heritage as well as providing support for bringing Kosovo closer to the European Union. On 25 January 2012, the Council adopted Decision 2012/39/CFSP appointing Mr Samuel Žbogar the European Union Special Representative (EUSR) in Kosovo. Council Decision 2013/366/CFSP of 9 July 2013 amends and extends the mandate of the European Union Special Representative in Kosovo up to 30 June of 2014. The mandate of Special Representative in Kosovo may be completed earlier, if the Council decides so, on the recommendation of High Representative of the Union for Foreign Affairs and Security Policy. All the EU efforts which are of mutual interest for Serbia and Kosovo significantly contribute to reduction of tensions in the region and gradual normalization of relations between Belgrade and Pristina. A person who efficiently, responsibly and impartially does the function of Special Representative in Kosovo may only contribute to the achievement of all these objectives. Accordingly, Council Decision 2013/366/CFSP of 9 July 2013 amending and extending the mandate of the European Union Special Representative in Kosovo could be positive for the Republic of Serbia. Belgrade officials should in the best way use the role of Special Representative in Kosovo for resolving the issues which are in the interest of the Serbian community in Kosovo, settlement of the situation in Kosovo and the Brussels Agreement implementation.

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Институт за безбедносне студије Европске уније

Author(s): Duško Dimitrijević / Language(s): Serbian Issue: 47-48/2014

In this paper, the author analyzes the origin, structure and role of the Institute for Security Studies of the European Union. The author first analyzes legal regulation, i.e. Council Joint Action 2001/554/CFSP of 20 July 2001 on the establishment of a European Union Institute for Security Studies, as amended, and then examines in particular its activities relevant to the implementation of the Common Foreign and Security Policy of the European Union. Finally, the author concludes that the Institute through its research activities gives the contribution in the European decision-making in the field of the Common Foreign and Security Policy (CFSP). Specifically, the Institute performs analysis and provides a forum for debate over the strategy of the European Union in the fields of foreign and defense policy. Since the Institute’s taken over the former logistics of Western European Union (WEU), it is clear that the Institute is somewhat continues its mission.

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Хармонизација националних прописа као услов за чланство у Европској унији

Author(s): Marija Urošević / Language(s): Serbian Issue: 45-46/2013

In order to prepare for new challenges and obligations in the process of accession to the EU, to fulfil the Copenhagen criteria for membership and to prepare for the accession negotiations, each country has to harmonize its national law with the EU acquis. By signing the Stabilisation and Association Agreement on 29 April 2008, the Republic of Serbia started a new phase in relations with the EU, and for the first time based on contractual obligations. With the intention to accelerate the integration process and show commitment to the process as well as to strengthen the position before envisaged submission of the application for the accession to the EU, the Republic of Serbia started the harmonization of domestic legislation with EU law. Although without a legal obligation, given that the SAA had not yet been signed, an Annual Harmonization Action Plan was adopted in 2004. For the first time, by signing the SAA, Serbia committed to gradual harmonization of domestic legislation with EU law. The EU monitors the process of approximation of legislation and implementation of the laws. The next step towards EU membership is opening accession negotiations that will lead to further harmonization of domestic legislation with EU law.

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Европски омбудсман као механизам контроле рада наднационалних институција Европске уније

Author(s): Srđan T. Korać / Language(s): Serbian Issue: 45-46/2013

The paper discusses the plausible positive effects of the European Ombudsmanʼs control in preventing maladministration in supranational institutions, particularly in the European Commission and its administration. Since the effectiveness of any public administration heavily depends on the personal ethical performance of civil servants, enhancing the integrity through promotion of the principles of good administration has been a policy priority with an aim to decrease the longlasting democratic deficit at the supranational level of public governance. The author examines how the European Ombudsman deals with lodged complaints and how he investigates the alleged cases of maladministration, i.e. when an institution fails to respect fundamental rights, legal rules or principles, or the principles of good administration. The author also focuses on the plausible benefits that may stem from the preventive role of the European Ombudsman within the forum of the European Network of Ombudsmen, which is being established to share best practice and enable better understanding of the impact of the EU regulations and policies on the daily life of EU citizens.

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Суд правде Европске уније

Author(s): Ivana Dragić / Language(s): Serbian Issue: 45-46/2013

The main objective of this article is to analyze the Court of Justice of The European Union, as one of the fundamental institutions of the EU. In the 1950s, with the emergence of the European Communities, there was a need for a body which shall ensure the consistent application of the Treaties and thus contribute to the dynamics of the European integration process. In this regard, it is useful to show the evolution of the Court, which was neither linear nor uniform. The Court shared the fate of European integrations and suffered changes, not only superficial ones, in terms of its official name, but also essential changes regarding composition, organization and competence. Although the Court originally had little authority that corresponded to the authentic role of the judicial authorities, it showed great courage in its work. The Court, actually, observed the institutional weaknesses, which were the inhibiting factor for the integration project. Recognizing them, the Court assumed the so-called Promethean role, in derogation of the established limits of its own competence. This is the reason why legal scholars and government officials criticized political activism of the Court, and appealed for action regarding illegal court decisions. This article pays special attention to the Court’s jurisprudence, which has produced a series of groundbreaking decisions regarding the nature and application of Community law and its relation to the rights of member states. The author, providing insight into antagonized theoretical opinions, justifies the nonconservative practise of the Court, which gave a further impulse to the cohesion of the member states of the European Community/Union.

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