“EU INVEST PROGRAM” - FINANCING UNION MECHANISM OF MEMBER STATES FOR POST-PANDEMIC ECONOMIC RECOVERY

Author(s): Elise Nicoleta Valcu / Language(s): English Issue: 2/2022

This research material aims to approach from an analytical perspective the implications that the implementation of the InvestEU Program generates at the level of the European Union. The Union framework rule governing this program and its implications at Member State level is Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the "InvestEU Program" and amending Regulation (EU) 2015/1017. Specifically, the InvestEU Program contributes to the achievement of some of the objectives proposed by the Union coordinator in terms of energy effectiveness, in the field of investments in the infrastructure of the European Union, especially in the creation of a unique transport space, in the field of sustainable infrastructure policy, regarding funding for innovation, research and digitization. All these goals are considered essential for achieving the Union's sustainable development goals committed by the European Commission under the leadership of President Ursula von der Leyer in the 2030 Agenda for Sustainable Development. The research methods used in the research are: a) the logical-concretized method by using the union framework norms as well as the internal transposition norms as a source of information and analysis; b) comparative method - in order to carry out a comparative analysis of the main financing mechanisms at Member State level.

“Going Global” and Regionalization in EU-China Relationship: Perspective from the Baltics

Author(s): Inna Šteinbuka,Una Aleksandra Bērziņa-Čerenkova,Andris Sprūds / Language(s): English Issue: 1/2019

This paper outlines the complex trends of the EU-China relationship. The EU and China have an extensive and growing economic engagement. China’s “going global” and the Belt and Road initiative may provide further opportunities for cooperation. However, considerable challenges, concerns and uncertainty exist. There is a divergence of values and diversity of interests. The wider frameworks and regional formats, such as 17+1 have mixed results. Moreover, tense relations between the US and China complicate even further complex and delicate balance of interests and expectations between the EU and China. This study identifies the existing trends and add the new contributing impetus to EU-China relations from the Baltic perspective.

Регулатива Европске уније у области азила

Author(s): Anđela Đukanović / Language(s): Serbian Issue: 45-46/2013

During the last decade, the issue of Asylum within the EU had great importance, and in this sense can be identified evident effort to establish a uniform asylum system for all Member States. There has been some progress in achieving this goal, through the adoption of several legislative documents, in particular Council Directive 2003/9/EC, Council Directive 2004/83/EC, Council Directive 2005/85/EC and Council Regulation EC No. 343/2003 (Dublin II Regulation). It can be argued that the European asylum system primarily focuses on limiting secondary movements of asylum seekers and efficiency in solving claims for asylum, rather than the protection of human rights. Also, the issue of asylum was in the recent period of particular importance for the Republic of Serbia, in the context of the increased number of fake asylum seekers in the EU who originate from the Republic of Serbia.

Регулатива Европске уније у области ирегуларних миграција

Author(s): Anđela Đukanović / Language(s): Serbian Issue: 43-44/2013

During the last decade, the issue of irregular migration has increasingly been recognized as a significant problem in the European Union. The harmonization of EU law started slowly after the adoption of the Amsterdam Treaty. Common standards and procedures to be applied in Member States for returning illegally staying third-country nationals are given and special attention is given to the protection of persons who are victims of trafficking in human beings. EU regulation is primarily focused on the border control and significant progress has been attained in this area through Frontex agency. It remains to be seen how much will be achieved in combating irregular migration through the control of the labour market. However, it could be said that significant differences are still present in laws of EU member states.

Регулатива заштите од обмањујућег оглашавања

Author(s): Jelena Jovanović / Language(s): Serbian Issue: 55/2016

The reason for writing this paper was the First Extraordinary Session of the National Assembly of the Republic of Serbia in 2016 at which the Draft Law on Advertising was adopted. The subjects of this paper are Directives of the European Union and the legislation of the Republic of Serbia, which is partly based on them. The aim of this paper is to provide information that would help readers to be more familiar with the term misleading advertising and what it entails. Companies who offer products or services in that manner that their advertising messages provide accurate and timely information enable themselves to enhance their good reputation, gain customers and have prospects for a successful business. On the other hand, customers who are well informed about their rights and about products or services for which they are interested in purchasing, are less likely to be intentionally or unintentionally mislead. Also, consumers who are well aware of their rights rarely find themselves in a situation to be somehow deceived when advertised products or services are in some way different in reality than they are in ads.

Регулатива индивидуалног стечаја у праву Европске уније

Author(s): Ana I. Opačić / Language(s): Serbian Issue: 37-38/2011

The principal focus of modern insolvency legislation and business debt restructuring practices no longer rests on the elimination of insolvent entities, but on the remodelling of the financial and organisational structure of debtors experiencing financial distress so as to permit the rehabilitation and continuation of their business. For private households, it is argued to be insufficient to merely dismiss debts after a certain period. It is important to assess the underlying problems and to minimise the risk of financial distress to re-occur.

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.

Регулаторне активности Европске уније у области финансијских услуга

Author(s): Snežana Sofijanić,Sandra Mijailović / Language(s): Serbian Issue: 65/2018

The financial crisis and the debt crisis which the European Union has experienced over the past decade has shown its incomplete economic and financial architecture was not sufficient to prevent the emergence of unsustainable policies and was not sufficiently resistant to effectively absorb the negative consequences that developed after that. Therefore, the institutions of the European Union have begun implementing a comprehensive package of measures aimed at strengthening economic and monetary union, which requires, first of all, the filling of the banking union and further progress of the Union towards a common capital market. In the past few months, the European Union has presented several important legislative and non-legislative initiatives for implementing measures related to risk reduction: regulatory and supervisory frameworks for preventing risk accumulation, reducing the level of non-performing loans, reducing costs for cross-border banking transactions, and counterfeiting of non-cash means of payment and improvement of financing for sustainable growth. Opening Chapter 9 - Financial services in Serbia's negotiations with the European Union points to some additional challenges that will have to be resolved by the end of the accession process. Bearing in mind that the European Union supervises the transposition of legal acquis into the domestic legal framework and the establishment of appropriate administrative structures capable of their implementation and realisation, monitoring of regulatory initiatives within the European Union is important for the success of accession negotiations and for further improvement of the financial stability of the Republic of Serbia.

Регулаторни домашај Пакта о стабилности и расту у европском монетарном праву

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

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

Регулиране в областта на обществените поръчки в България

Author(s): Stanislava Tzvetkova / Language(s): Bulgarian Publication Year: 0

The process of spending public funds, its expediency and transparency are of high public interest, both at local and European level. In the context of a modern open society, with a strong civic attitude and a great deal of access to information, the question of how, why and how much public money is spent on obtaining a good is essential for the population. European and local institutions face the challenge of improving the process of good allocation of resources, improving the quality of their goods and achieving an optimally high level of public utility and transparency. Also it’s a challenge for contracting authorities to monitor changes in the legal framework and case law, and they often examine the views and reports of control bodies that bring clarity in law enforcement practice.

Регулисања признања одлука у вези са питањем родитељске одговорности у праву ЕУ

По Уредби бр. 2201/2003 - "Брисел бис"

Author(s): Vladimir Čolović / Language(s): Serbian Issue: 37-38/2011

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 shall apply in civil matters relating to divorce, legal separation or marriage annulment and the attribution, exercise, delegation, restriction or termination of parental responsibility. Among other things, this Regulation has the rules on recognition and enforcement of judgments relating to parental responsibility. Also, this Act regulates the grounds of non-recognition for judgments relating to parental responsibility. This Regulation applies from 1 March 2005.

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.

Регулисање права на здраву животну средину у Европској унији

Author(s): Nenad Avramović,Marijana Mladenov / Language(s): Serbian Issue: 41/2012

The protection and improvement of the environment represent a necessary condition for the enjoyment of basic human rights, particularly the right to life, as well as all other economic, social and political human rights. Recent decades have witnessed the recognition of the right to an adequate environment as a specific basic human right. This paper represents the concept of right to an adequate environment in European Union law according to different aspects. Firstly, the analysis begins with the brief historical overview of the right to an adequate environment. Secondly, the article examines right to an adequate environment under the Charter of Fundamental Rights of the European Union. Thirdly, the focus of the paper refers to an attempt to clarify and elaborate the right to an adequate environment according to the jurisprudence of the European Court of Justice and European Court of Human Rights. In addition, the right to an adequate environment is introduced and explored under the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). The paper pointed out the importance of the Aarhus Convention, since it represents the first international legally binding instrument that links environmental protection and human rights norms. Furthermore, the right to an adequate environment is also considered as the segment of the law of the Republic of Serbia. To conclude, the authors present a brief opinion concerning the existence of the right to an adequate environment in European Union law and make some suggestions related to the improvement of the protection of this human right.

Регулисање сектора приватне безбедности у Европској унији

Author(s): Dalibor Kekić,Dane R. Subošić,Miloš Milenković / Language(s): Serbian Issue: 61-62/2017

This manuscript focuses on the inconsistency of harmonization in the field of the private security sector and security companies. Security companies are businesses that provide security services in the market. Until a few years ago, the services provided by these companies were considered as part of regular public affairs. Today, many of the businesses in the area of security are fully open to private security companies and regulated at the national level. However, in terms of the EU, the private security sector cannot fully grow without synchronizing areas that would facilitate cross-border competition in the European market. Possible intervention by the European legislators to consider the issue of liability of private security companies on issues of human rights, which has not been discussed at the national or transnational basis. The article will explore some of the possible options for the future in better regulation of the European private security sector. The EU institutions are generally not willing to intervene at European level in setting minimum standards for the regulation of private security. Accordingly, changes in the field of the EU relating to security, legislation and private security industry means that the current thinking and attitude may be a new understanding, which could be radicalized thinking and consideration.

Резолуција Европског парламента (2007/2011 (INI)) о малолетничкој делинквенцији

Author(s): Filip Mirić / Language(s): Serbian Issue: 37-38/2011

The European Parliament Resolution (2007/2011 (INI)) on Juvenile delinquency, the Role of Women, the Family and Society is analysed in this paper. The purpose of the Resolution is to find ways for combating juvenile delinquency. However, imprisonment is the last resort in this fight and is imposed only when it is absolutely necessary. The author analyzes the European Union measures for implementation of this resolution, which is based on several principles and they are the following: prevention, extrajudicial and judicial measures and social inclusion of young people, with special emphasis on rehabilitation and resocialization of juvenile offenders. Finally, the importance of this legal act for the process of harmonization of the law of the Republic of Serbia with European Union Law is also pointed out.

Резолуција Савета Европе о малолетничкој делинквенцији и социјалним променама - корак ка безбеднијем друштву

Author(s): Filip Mirić / Language(s): Serbian Issue: 59/2017

The paper Provisions of the Council of Europe resolution on juvenile delinquency and social change No. 62 from 1978 will be presented. Although it is a somewhat older document, this Resolution is important because it represents a basic document which sets out the basis for the creation of a unified policy of European countries for combating juvenile delinquency in order to create a safer society. These provisions will be analyzed in the context of creating a common European policy to combat juvenile delinquency. This is an important prerequisite for the creation of a truly secure society in which all members can fully achieve their potential. This is particularly important bearing in mind the nature of the Council of Europe, as a regional organization and its role in international relations.

Резултати српске фискалне консолидације - осврт на испуњеност правила фискалног пакта ЕУ

Author(s): Goran Nikolić / Language(s): Serbian Issue: 55/2016

The general government deficit in 2015 was around 4% of GDP, which is considerably less than the planned 5.9% of GDP. Sustainable part of the deficit reduction is mainly a consequence of the improved tax collection and the introduction of excise duty on electricity, while one-third reduction - of temporary and due to unexpectedly large payments of state enterprises and agencies in the budget, and low capital investment. Total revenues of the general government in 2015 will exceed the planned budget amount to 60-65 billion dinars, largely due to the growth of revenues from excise taxes, VAT and wage contributions (as consequence of gray economy reduction).The problem is that at the end of 2015, the effect of most of the urgent measures to stabilize public finances will be exhausted. Therefore, in the coming years, the deficit will have to be reduced primarily through the implementation of systemic reforms, which, for now, do not run according to the plan. So, the key to continued fiscal consolidation in 2016 and 2017 is to achieve improvement of the fiscal balance that will result from the successful reform of public enterprises, resolving the fate of the companies in privatization, partial rationalization of the number of employees in the public sector, and reform of the Tax Administration. Although the improved state of public finances, Serbia is, with an estimated deficit of 4% of GDP in 2016 and public debt of close to 80% of GDP, still far from meeting the requirements of the Fiscal Compact. The Fiscal Compact is a new, stricter version of the Stability and Growth Pact, which defines a balanced budget as a general budget deficit not exceeding 3% GDP, and a debt to GDP ratio which does not exceed 60% of GDP. The fact is that a good part of the EU countries do not meet these strict requirements.

Религиозна толерантност и екология

Актуални правни аспекти

Author(s): Georgi Penchev / Language(s): Bulgarian Publication Year: 0

This study is dedicated to a current and non-investigated up to nowadays problem in our ecology law literature. It is determined, from one hand, from religious and cultural variety of the society in separate countries, and from the other hand, with reinforcing ecological problems on a global level which give a reflection to the activity of the separate religions. At the same time religious tolerance must be mentioned as one of the indicators for democratization of the society. In view of the fact that Christian religion has caused a big influence to the development of the human civilization in the preface are shown some verses from the Holy Bible, and especially from the New Testament where the idea of religious tolerance is on the ground. In this study the attention is paid to a following major legal problems: a) legal characteristics of a basic right to religion of the Bulgarian citizens; b) international law regulation of the subjective right to religion in the light of the participation of the Republic of Bulgaria in a separate international treaties, related to human rights; c) ecological requirements to some activities which cause influence to the exercising of this right, regulated in the Bulgarian environmental legislation. In the conclusion, some more general deductions from the existing regulation and suggestions for its improvement are made.

Религиозната толерантност в съвременния свят : Сборник статии и доклади 2013-2014

Author(s): / Language(s): Bulgarian

The collection includes reports presented in 2013 and 2014 at the series of organised scientific events connected with the research project "Religious tolerance".

Реорганизација и ликвидација друштава за осигурање сходно одредбама Директиве солвентност II

Author(s): Jasmina Vukotić / Language(s): Serbian Issue: 51/2015

This paper presents the provisions of Solvency II relating to reorganization measures and winding-up proceedings of insurance undertakings, including common provisions for both of them. The aim of these provisions is to ensure the mutual recognition of reorganization measures and winding-up legislation of the Member States concerning insurance undertakings, as well it should be ensured that reorganization measures and decisions on winding-up proceedings, which were adopted or taken by the competent authorities of a Member State, produce full effect throughout the Community. The paper first presents the reorganization measures concerning insurance undertakings (their definition, competent authorities, publication of decisions on reorganization measures, information’s to known creditors, etc.), after that the winding-up proceedings (their definition, competent authorities, applicable laws, what the law of the home Member State shall determine at least, treatment of insurance claims, withdrawal of the authorization, publication of decisions on winding-up proceedings, etc.) and finally the common provisions (these provisions mainly relate to the legal effects of reorganization measures and winding-up proceedings).