CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Pranje novca u aktima Europske Unije i Saveta Europe

Author(s): Vid Jakulin / Language(s): Serbian Issue: 2/2015

The author deals with the regulation of money laundering in the legal instruments of the European Union and Council of Europe. He ranges money laundering in the group of international economic crime law as a branch or sphere of international criminal law. Although it is considered as a relatively new notion which has not been yet generally admitted as a branch of international criminal law, it could be nevertheless defined with regard to its subject in narrow and broader sense. Money laundering has been also extensively discussed by the United Nations, European Union and Council of Europe which adopted important legal acts. The European Union has adopted so far three directives concerning the prevention of money laundering. Money laundering was also considered the Council of Europe which has adopted so far two conventions related to money laundering. Legal acts of the European Union and Council of Europe which are presented in this paper regulate much precisely measures for prevention, detection, and prosecution of money laundering. It is important that the mentioned instruments require from the signatory states, for which they are legally binding, to regulate their national legislation in accordance with the definition of money laundering set up in these acts. It means that the regulation of money laundering in national laws should be very similar to the regulation in respective international instruments; this facilitates international cooperation which is particularly important for a successful prevention and prosecution of money laundering.

More...

Pravno uređivanje elektronskih komunikacija - Reuglatorni okvir EU i propisi država zapadnog Balkana -

Author(s): Dejan Šuput / Language(s): Serbian Issue: 2/2014

The paper analyses and explains the content of the provisions of the EU directives regulating the electronic communications / telecommunications and the obligations of the EU Member Countries and the EU Accession Countries concerning the harmonization of the national regulations with the provisions of these directives. Special attention is dedicated to the fact that the examination of the essence and the scope of the EU regulatory framework and the analysis of the regulations of specific Western Balkans Countries, regulating electronic communications, has multiple significance for the Republic of Serbia which is in the negotiation phase of the EU accession process. It is stressed that the full harmonization of the regulations of the Republic of Serbia regulating electronic communications with the EU regulations is an essential condition that has to be met during the negotiation and accession process for Serbia to become a member of the EU. The legal practice of Croatia and Slovenia in the regulation of electronic communications is given as an example of a successful harmonization of the national regulations with the EU electronic communication regulations. The paper concludes that the content of the directives published in November 2009 is of great importance for the Republic of Serbia as a country wishing to join the EU and that the rules laid down in these EU directives will clearly need to be taken into consideration when preparing the Law Amending the Law on Electronic Communications or a new law regulating this sector, since the Law on Electronic Communications in force is not harmonized with the rules from these directives.

More...

Komparativna politika i pravo klimatskih promena: Bosna i Hercegovina, Crna Gora, Hrvatska i Srbija (osnovni elementi)

Author(s): Dragoljub Todić / Language(s): Serbian Issue: 1/2014

The paper highlights certain open methodological issues relevant to the analysis of the comparative politics and climate change law. The second part of the paper focuses on the basic elements of the law and politics of the climate change in Bosnia and Herzegovina, Montenegro, Croatia and Serbia. For the basis of the analysis several criteria have been taken: membership in the international treaties, status in the UN Framework Convention on Climate Change and reporting, the existence and development of the climate change legislation (the constitutional provision, content and availability of regulations, climate change in the framework environmental law), the existence of the specific regulations governing the rational use of the energy and renewable energy sources, as well as the level of compliance of the national legislation with EU regulations. Having identified some differences in the state of national regulative on climate change (primarily between Croatia and other countries) the paper expounds the thesis that the key factor that determines the status of national policies and regulations (of the states under this analysis) is the process of the European integration. In conclusion of the analysis it is estimated that the progress in this process is directly correlated with the level of the development of national legislation and implementation of international obligations.

More...

CONCESSION AS A PRECONDITION FOR RELATIVELY RESERVED RIGHTS OF THE FOREIGNERS IN THE REPUBLIC OF MACEDONIA: THE CASE OF SMALL HYDROELECTRIC PLANTS

Author(s): Katerina Kocevska Shapkova,Bekim Nuhija / Language(s): English Issue: 2/2017

Concession as a precondition for relatively reserved right, gives the foreigners almost equal rights as domestic citizens of the Republic of Macedonia. Our goal is to address the legal aspects and the procedure of giving the right to concession. This paper is mainly qualitative research of desk work on International private Law, Law on public procurements, Law on concessions and public private partnership in the Republic of Macedonia along with a case study on Concession on power plants in the Republic of Macedonia. Renewable energies are the future, which is why law researchers and law makers need to contribute in making of better laws that adapt to upcoming events in the energy field.

More...

Eksterna revizija u javnom sektoru – primer Hrvatske

Author(s): Ivana Ž. Rakić / Language(s): Serbian Issue: 2/2013

The article deals with the external audit in Republic of Croatia and the State Audit Office (SAO) which was established in 1994, as an independent body, accountable to parliament. The SAO is a member of INTOSAI and has a reputation as an independent and efficient audit institution, because its position is now strengthened by the 2010 constitutional reforms and the Law on the SAO provides for institutional, functional and financial independence of the SAO. Regarding external audit, Croatia is expected to apply the norms defined by INTOSAI and training of external auditors needs to continue in order to carry out external audits in accordance with International Standards on Auditing and European best practice. Further efforts are required to strengthen the organisation and to enhance the impact of external audit, by improving the follow-up of the SAO’s recommendations and quality control of the SAO’s performance.

More...

Normativnopravni okvir upravljanja medicinskim otpadom u Republici Srbiji

Author(s): Dorina Magerudis-Petkovski,Sladjana Savović,Aleksandra Danilović / Language(s): Serbian Issue: 1/2013

Protecting the environment and, within that, waste management, a large number of prescripts is regulated. Given the constitutional and legal position of Serbia in the last twenty years, this, now independent state, was faced with various regulations and they were made in several countries. From the moment of independence in 2006, the Republic of Serbia passed a large number of regulations in environmental ambience and waste management in particular, even the medical waste. However, it is still not enough to normatively regulate this important area of social life. What is encouraging is manifested in two main tendencies. First, the Republic of Serbia with much more intense is governing the environment. This is witnessed by the increasing number of laws and regulations, but also a strong educational and media campaign, which continuously monitors the process. On the other hand, the regulations adopted in this area reflect international standards and achievements, particularly those that apply the European Union in which Serbia has candidate status.

More...

Ustavnost pravnih akata Evropske unije i međunarodnog prava sa posebnim osvrtom na Ustavni savet Francuske

Author(s): Oliver P. Nikolić / Language(s): Serbian Issue: 2/2012

In the first part of the article there is provided an explanation of the mode of establishing the constitutionality of legal acts of the European Union and international treaties and agreements. Each unconstitutionality of international treaties and agreements consequently leads to the mandatory change in the Constitution of the Republic of France, and therefore neither any act of the European Union, any international treaty or agreement will be ratified, i.e. approved, nor will have legal effect in the national law until fully in line with the Constitution. President of the Republic, the prime minister, the president of one of the Houses of Parliament or 60 MP, i.e. senators are all entitled to ask from the Constitutional Council to conduct the control of the constitutionality of international acts. The second part of the article presents the institution of the Constitutional Council, certainly one of the most influential institutions of the French legal system, starting from the historical development, across the Council organization to its jurisdiction. Along with its principal jurisdiction, the control of the constitutionality of the law which means the appraisal of the constitutionality of organic and common laws, rules of procedure of the Parliament, international treaties and agreements, the Constitutional Council has also a duty to monitor parliamentary and presidential elections as well as referendums.

More...

Ratifikacija Lisabonskog ugovora - reforma Evropske unije: bilans i perspektive

Author(s): Jelena Ćeranić Perišić / Language(s): Serbian Issue: 3/2009

The paper deals with the procedures of ratification of the Lisbon Treaty and the European Union reform provided by this Treaty. The reform Treaty was signed at the European Council conference in Lisbon on 13th of December 2007 with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action. The treaty has not yet been ratified by all EU member states, as required for it to take effect. After introductory notes with regard to the importance of the EU institutional reform, the author analyses the problems related to the ratification of the Lisbon Treaty. The special attention is paid to the procedures of ratification in the Republic of Ireland and the Czech Republic. After the initial rejection of the Treaty in 2008 by the Irish electorate, a decision was reversed in a second referendum in October 2009. But in the meantime the situation in the Czech Republic became very complicated. On the one hand, the group of senators submitted a complaint to the country’s Constitutional Court calling on it to determinate whether the Lisbon Treaty violates the country’s constitution. The Czech president said that he would not signe the Treaty until the court makes its judgment. The Czech Constitutional Court is expected to deliberate on the matter on October 27. But on the other hand, the Czech president stated that he wanted a Czech opt-out clause for the European Charter of Fundamental Rights before he would provide his signature. The second part of the article is dedicated to the prominent changes provided by the Lisbon Treaty such as: creation of a President of the European Council with a term of two and half years and a High Representative for Foreign Affairs to present a united position on EU policies, increased involvement of the European Parliament in the legislative process through extended codecision with the Council of Ministers, elimination the pillar system, reduction of the number of commissioners, incorporation of The Charter of Fundamental Rights to the Lisbon Treaty. . Within the concluding observations, the author sums up presented observations and especially emphasizes the importance of the entering into force of the Lisbon Treaty by the end of 2009.

More...

Poredni prikaz zakonodavstva privatnog sektora bezbednosti u zemljama EU

Author(s): Dušan Davidović,Želimir Kešetović / Language(s): Serbian Issue: 2/2009

This article represent an critical overview of the legislative that govern private security sector in EU member countries and some of candidate countries. Private security sector became integral part of overall security in every European country. In this respect, examing the role of private security in overall security in Europe is a way of looking after the everyday security of European citizens. Private security firms are being called upon more and more to assist states in providing this protection and at the same time creating new wealth in the form of the jobs and businesses. The private security sector is expanding across the European Union: it represents 1,7 million jobs, 50,000 companies and annual revenue of €15 billion. With expansion of the Union to include Eastern Europe, demands for security services will rapidly grow. One of the preconditions to fulfill those demands is to harmonize national legislations governing private security. This article is attempt to launch an inventory of the information which could be helpful to those state authorities that once will start working on Serbian private security law.

More...

Бельгия. Процессы, взрастившие европейский центр террора, и тенденции «ливанизации» в будущем

Author(s): David Gaft / Language(s): Russian Issue: 4/2016

About forty years ago the emigration from Morocco and Turkey to Belgium began. Belgium’s government has not reacted with sufficient seriousness to the appearance of a lot of people with a different culture, different behavioural habits and different religion. Islamic immigrants settled in isolated areas with high population density. They did not support the cultural interaction with the Belgian community, but founded many mosques instead where clerics openly preach radical Islam.Muslims see Europe as cash cow. They have come only to take - not to give. A terrorist attack in early 2015 at the Jewish Museum in the centre of Brussels, was the signal to the beginning of a string of terrorist attacks in Europe. Molenbeek area was made a stronghold of terror and crime. It is very easy to hide there, and easy to buy illegal weapons. Police prefers not to go to there. The events taking place in Belgium are similar to the events in Lebanon, which is now in a state of bloody conflict between Christians and Muslims.For a better understanding of possible options for the development of the situation in the future, the article explores the example of Yugoslavia, disintegrated after a brutal civil war. Comparison of Belgium to Yugoslavia and Lebanon clearly shows, that Belgium and Lebanon are also in the process of gradual disintegration. Yugoslavia, as it was in the past, and Belgium nowadays share some common phenomena that lead to disunity.The article also explores the problem of cross religious relations and the growing Islamic terror.This article was written before the last terrorist act that had taken place in Brussels in March 2016. But it did not lose its relevance, and it confirms the hypothesis put forward by the author.

More...

О потреби формирања фискалне уније у европском монетарном праву

Author(s): Marko Dimitrijević / Language(s): Serbian Issue: 3/2017

The subject of analysis in this paper is to review the need for formation the fiscal union for the purpose of completing the concept of European economic and monetary union. In this context, a notion of fiscal union is comprehensively perceived, potential institutional structure and legal basis are determined by the provisions of primary and secondary monetary legislation by indicating the costs and benefits of creating such a concept of coordination of national fiscal policies. By reviewing the experiences of countries that successfully implement the concepts of fiscal union in practice, it want to identified optimally constituent elements for the creation of a European fiscal union, with the respect on the sensitivity of the countries in limiting components of fiscal and financial sovereignty. Applying dogmatic, axiological and comparative legal method, the paper attempts to point out the biggest dilemmas that the European legislator will face in this area and identify certain guidelines de lege ferenda. We can notice that economic policy coordination in the fiscal union is not the complete delegation of fiscal and financial sovereignty to the Community level. The financial sovereignty as a subjective budgetary right of every state should remain within the competence of the national government level, as well as the dimensions of the fiscal sovereignty of the law on the part of imposing the new taxes. The concept of fiscal union at the same time does not mean unconditional replacement of the concept of national fiscal policy by the concept of supranational, but it is evident that certain modifications (a certain degree of centralisation of fiscal policy) are necessary. Coordination of economic policies in the fiscal union can find an effective mechanism against the mortgage, banking and related disorders in the legal and economic spheres of society. The fiscal union, according to the author’s opinion, is conditio sine qua non harmonisation of economic and monetary systems of the Member States which in condition of global financial crisis represents an important model of a credible macroeconomic management that may restrict legal and economic consequences in a way that is socially acceptable.

More...

К вопросу о юридическом понятии «селекционные достижения» по законодательству некоторых государств - членов Евразийского экономического союза: особенности, проблемы и пути их решения

Author(s): Alesia Gorelko / Language(s): Russian Issue: 2+3/2016

The article is dedicated to the question of the development of the legal definition of the concept “selection achievement” as an object of industrial property right. This question has been insufficiently developed in the theory of civil law. Peculiarities and problems of legislative fixation of the definition of this concept have been researched in the normative and legal acts of various countries - members of the Eurasian economic union (EAEU). A special attention has been paid to the currently unresolved problem in the science of law, that is, the acknowledgement of plant variety and animal breeds, created with the help of genetic engineering methods and selection achievements. In the result of the conducted theoretical legal research, and taking into account the legal essence and specifics of the selection achievement, which is a variety of intellectual activity, the definition of the legal concept “selection achievement” has been formed, alongside with the directions to the perfection of the legislation of the Republic of Belarus in the given sphere with the tendencies to its harmonization and unification within the frames of the Common Free Market Zone and Eurasian economic community.

More...

Direktīva 2015/849- uzlabojumi un to efektivitāte cīņā pret nelikumīgi iegūtu līdzekļu legalizēšanu un teroristu finansēšanu

Author(s): Diāna Liepa / Language(s): Latvian Issue: 1/2016

Due to the current political and religious discrepancies, money laundering and terrorism financing has become the main discussion topic among the international organizations. Illegal cash flows and terrorist financing affect not only our daily file, but also the integrity, stability and economic development of states. In order to fight against money laundering and terrorist financing, more coordinated and efficient steps should be taken. The 4th Money Laundering Directive was adopted on 20 May 2015 and introduced clearer, more substantive procedural provisions in order to tackle the issue concerned. The Directive aims to introduce minimum measures to address this issue. The author of the present paper discusses whether the adopted measures will be effective in the fight against money laundering and terrorism financing and possible problems arising due to the implementation of the said Directive into national legislations.

More...

Sposób podejścia do sfery kultury w stanowiskach Rady Unii Europejskiej

Author(s): Piotr Burgoński / Language(s): Polish Issue: 1 (81)/2017

This article attempts to explain the understanding of culture which form the basis of the EU’s cultural policy as well as to present changes in that regard occurring along with the development of this policy. The research material consisted of common positions of the EU member states adopted during meetings of the Council of the European Union. The research was done using qualitative content analysis. The most general conclusion from the research is that the basis of the EU’s cultural policy since the beginning of the researched period have consisted of two different approaches to culture in the EU: cultural unity and cultural diversity. Moreover, the creators of the EU’s cultural policy understood the role of culture in the integration process in four ways: as a non-instrumental value, a sociocreative factor, an economic factor as well as a factor enhancing the external relations of the EU. During the researched period we observed certain changes regarding the approach towards culture. They involved either changes within the already existing ideas or creating new concepts concerning the cultural sphere.

More...

Сравнительно - правовой анализ нормативного регулирования электронных средств массовой информации в Латвии и ЕС

Author(s): Olga Matvijenko / Language(s): Russian Issue: 4/2015

The author considers the researched problem to be relevant, because the operation of the electronic media system creates new objects, entities, relationships and interdependencies, thus greatly expanding the information environment. New means of electronic media (online publications, media convergence, mobile TV, etc.) are constantly emerging. The Internet itself gives rise to new forms of communication, websites, portals, social networks, blogs, web services, etc. The information domain is continuously augmented with numerous new facts that reflect the reality of existence of new objects of the virtual environment.

More...

The need for the European Public Prosecutor’s offce and related problems

Author(s): Diāna Liepa / Language(s): English Issue: 1/2015

Since the entrance into force of the Lisbon Treaty the pillar system was abolished and matters on judicial co-operation in criminal matters including police co-operation are treated under the co-decision procedure and qualifed majority voting. The main actors established by the European Union in the area of freedom, security and justice are European Police Office (Europol), the European Union’s Judicial Cooperation Unit (Eurojust) and European Anti-Fraud Office (OLAF). However, the Union acknowledges the need to establish the European Public Prosecutor’s office in order to combat financial fraud concerning the budget of the European Union to and bring more transparency to this issue. The Lisbon Treaty provides a possibility to set-up a European Public Prosecutor Offce from Eurojust, nevertheless such organizations as Europol and OLAF shall be taken into account before the offce takes it full activities in order to avoid duplications of the mandates and functions.

More...

Sector Inquiry into Cross-Border E-Commerce: Challenges and Practical Implications for European Union Completion Law

Author(s): Artur Szmigielski / Language(s): English Issue: 7/2017

The aim of this article is to show what the practical implications are regarding the Commission inquiry into e-commerce sector launched on 6 May 2015. Because of their specific and dynamic nature, the application of competition law to online markets may prove challenging. Therefore, the focus will be also directed to challenges that could be faced when anti-competitive practices in e-commerce sector are strictly enforced. The question is whether traditional competition analysis may be sufficiently able to reflect the way in which competition takes place on digital markets.

More...

Международни и европейски норми относно трафика на хора и тяхното транспониране в българския Наказателен кодекс

Author(s): Rumen Vladimirov / Language(s): Bulgarian Issue: 2/2013

The paper tackles with the legal issue of trafficking in humanbeings, which is considered to be a serious crime nowadays even though the long historic evolution of its legal regulationhas not ever been unequivocal. At the outset, the paper reviews the set of international efforts and instruments dedicated to the issue of limitation of the occasions in which trafficking in human beings occurs and in particular the 2000 United Nations Convention against Transnational Organized Crime and the Protocols thereto to which Bulgaria is a party. Besides, it is noted that on regional level in force are Council of Europe Convention on Action against Trafficking in Human Beings and a series of other EU legal instruments to combat trafficking in human beings. Moreover, it is pointed out that in compliance with its international obligations Bulgarian legislator introduced at the end of 2002 a separate set of rules on the counteraction to the traffickingin human beings, namely the provisions in section ІХ of Chapter Two of the Special Part of the Criminal Code which, following the subsequent amendments thereto, at present are embodied in the provisions of Articles 159a – 159d of the Criminal code in force in Bulgaria. Finally, in view of the need to transpose in the Criminal Code the provisions in particular of Directive 2011/36/EU of the European parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA the paper makes an analysis of the relevant proposals aiming at the amendments to be made in the Criminal Code to this end.

More...

Европейската гражданска инициатива

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 6/2016

The article makes a comprehensive overview of the legalregulation regarding the European citizens' initiatives. Under particular consideration is the definition for European citizens' initiative as well as it is distinguished from the procedure of petitions to the European Parliament. The procedure is presented step by step according to the provisions of Regulation (EU) No 211/2011 of the EuropeanParliament and of the Council of 16 February 2011 on the citizens’ initiative. At the end the author presents a chronology of the so far reg-istered initiatives as well as pays due attention to the recentactivities of the Commission in order to revise the Regulation on the citizens' initiative, following a comprehensive review process.

More...

ПОРОДИЧНОПРАВНИ АСПЕКТ БИОМЕДИЦИНСКИ ПОТПОМОГНУТОГ ОПЛОÐЕЊА У ПРАВУ СРБИЈЕ И ЕВРОПСКИМ ПРАВИМА

Author(s): Gordana Kovaček-Stanić / Language(s): Serbian Issue: 131/2010

Free access to biomedically assisted conception for the couples of less than 40 years of age has been introduced in Serbia recently, while in 2009 the Act on curing infertility by biomedically assisted conception was adopted. In this paper the following issues are discussed: notion of biomedically assisted conception, participants in the process, donors, motherhood and fatherhood, status of spare embryos. The author concludes that even though Serbia is one of the last European countries to adopt the Act on biomedically assisted conception and there was an opportunity to use the experiences of other countries in this field and to adopt an act which would be theoretically meaningful and clear, unfortunately this opportunity was not taken. The author expresses hope that the Act would be changed in a near future, in order to clear the lack of clarity and contradictions and harmonize legal solutions with theoretical legal principles in this field. In this paper the author uses comparative method comparing Serbian legislation and legislation of different European countries.

More...