Demografske promene i porodična politika

Author(s): Marina Pantelić / Language(s): Serbian Publication Year: 0

Demographic challenges are becoming priority in political agendas in the 21st century. With a birth rate well below the replacement level for several decades, increasing divorce rates and the increasing number of single parent families, along with greater life expectancy and the growing number of dependent elderly people, family structure is continuously changing. As a result of current demographic changes taking place in the industrialized world, family policies have become a central issue in European countries. Changes in family structures are creating new challenges that should be taken into account in defining family policies and their subsequent implementation. In some countries there is a similarity in terms of these policies and their objectives, while others have specific solutions in this area. The diversity of family patterns requires „modernization“ of family-support policies, which means that the family policy should become more effective in reconciling different objectives. They need to adapt to new forms of family life and meet the needs of „non-standard“ families. The aim of this paper is to analyze the impact of demographic changes on the family structure and relationships, as well as to outline the most relevant family policies in Europe and make recommendations for their development, implementation and evaluation.

LJUDSKA PRAVA LGBT OSOBA U HRVATSKOJ NA PUTU U EUROPSKU UNIJU

Author(s): Ivan Novosel / Language(s): Bosnian Publication Year: 0

Sva ljudska bića rađaju se slobodna i jednaka u dostojanstvu i pravima. Ona su obdarena razumom i sviješću pa jedna prema drugima trebaju postupati u duhu bratstva. Svakome pripadaju sva prava i slobode (...) bez ikakve razlike glede rase, boje kože, spola, jezika, vjere, političkog ili drugog uvjerenja, nacionalnog ili socijalnog podrijetla, imovine, rođenja ili neke druge okolnosti. - Opća deklaracija o ljudskim pravima, članak 1. i članak 2.

HUMAN RIGHTS OF LGBT PEOPLE IN CROATIA ON ITS PATH TO THE EUROPEAN UNION

Author(s): Ivan Novosel / Language(s): English Publication Year: 0

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Everyone is entitled to all the rights and freedoms (...)without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. - The Universal Declaration of Human Rights, Articles 1 and 2

Регламент (ЕС) 2016/399 - промяна във визията на Европейския съюз за граничния контрол, отразена в Кодекса на шенгенските граници с Регламент (ЕО) №562/2006

Author(s): Ivan Lolev / Language(s): Bulgarian Publication Year: 0

The report has the task of building a theoretical construct of the vision for border security. For this purpose, a comparative analysis of Regulation (EC) №562 / 2006 establishing a Community Code on the rules governing the movement of persons across borders and Regulation (EU) 2016/399 of March 9, 2016.

PREDGOVOR

Author(s): Vesna Žunić Pavlović / Language(s): Serbian Publication Year: 0

In discussing the treatment of offenders one is constantly reminded of the existence of a crisis necessitating the introduction of changes into the established practice. This is quite understandable in view of the fact that the policy of treating offenders is a complex matter calling for continuous review, dynamism and responsiveness. However, unlike in other fields (e.g. medicine), where research has been of fundamental importance for the advancement of practice, most innovations in the treatment of offenders have been brought about by the multitude of extraneous factors such as political views, available resources, habits or common attitudes. Nonetheless, the last decade has brought certain undeniable changes: nowadays the need to improve the criminal law system as a precondition of building a better and safer society is being discussed far more openly than ever before. As a result of increasingly open debates, interest among scientists, specialists and members of the general public in the subject is growing. However, mere concern about the current state of affairs cannot solve the problem, i.e. bring about an effective treatment policy, unless one is also fully aware of the hitherto successes and failures and of the purpose and direction of the ongoing changes. The conclusion we are likely to reach sooner or later is that we may expect to see real progress only after we have gathered reliable information and taken stock of our strengths and weaknesses in order to develop a capacity for designing and implementing a more effective policy. Bearing this in mind, we can now proceed to evaluate the research project before us. Evaluation helps us to understand the mode of application and the effects of a strategy as well as to increase our chances of success through revision. Evaluation is a test of the soundness of our approach because it enables us to find out whether reality bears out our suppositions and desires. Unfortunately, many are unprepared to confront such a test; they prefer the lull of unverified suppositions and beliefs and thus deny the significance of evaluation as an open threat to the status quo. Given the present state of affairs, it comes as no surprise that the project was initiated by the non-governmental sector or, to be precise, by the Helsinki Committee for Human Rights in Serbia. In accordance with its principal mission, the organization is primarily interested in the legal aspects of the enforcement of institutional criminal sanctions (imprisonment of adults and juveniles, security measures associated with compulsory psychiatric treatment and custody in health institutions, committal to a reformatory, detention), especially whether current practice is in keeping with the relevant provisions of domestic law and international legal acts. My assignment was to render professional technical assistance in translating a prison monitoring idea into a research project. The resulting undertaking entitled Prison Monitoring having been completed, my present task as its author and professional adviser throughout, is to introduce the reader to our method of work. We first set out to determine exactly what we wanted to find out, then to choose the best way of accomplishing that. We proceeded to analyze at great length relevant domestic and international rules and regulations, identifying the following six principal spheres of interest to which their provisions pertained: the quality of life; security; the lawfulness of treatment; social resettlement; contacts with the outside world; and the institution personnel.

FOREWORD

Author(s): Vesna Žunić Pavlović / Language(s): English Publication Year: 0

In discussing the treatment of offenders one is constantly reminded of the existence of a crisis necessitating the introduction of changes into the established practice. This is quite understandable in view of the fact that the policy of treating offenders is a complex matter calling for continuous review, dynamism and responsiveness. However, unlike in other fields (e.g. medicine), where research has been of fundamental importance for the advancement of practice, most innovations in the treatment of offenders have been brought about by the multitude of extraneous factors such as political views, available resources, habits or common attitudes. Nonetheless, the last decade has brought certain undeniable changes: nowadays the need to improve the criminal law system as a precondition of building a better and safer society is being discussed far more openly than ever before. As a result of increasingly open debates, interest among scientists, specialists and members of the general public in the subject is growing. However, mere concern about the current state of affairs cannot solve the problem, i.e. bring about an effective treatment policy, unless one is also fully aware of the hitherto successes and failures and of the purpose and direction of the ongoing changes. The conclusion we are likely to reach sooner or later is that we may expect to see real progress only after we have gathered reliable information and taken stock of our strengths and weaknesses in order to develop a capacity for designing and implementing a more effective policy. Bearing this in mind, we can now proceed to evaluate the research project before us. Evaluation helps us to understand the mode of application and the effects of a strategy as well as to increase our chances of success through revision. Evaluation is a test of the soundness of our approach because it enables us to find out whether reality bears out our suppositions and desires. Unfortunately, many are unprepared to confront such a test; they prefer the lull of unverified suppositions and beliefs and thus deny the significance of evaluation as an open threat to the status quo. Given the present state of affairs, it comes as no surprise that the project was initiated by the non-governmental sector or, to be precise, by the Helsinki Committee for Human Rights in Serbia. In accordance with its principal mission, the organization is primarily interested in the legal aspects of the enforcement of institutional criminal sanctions (imprisonment of adults and juveniles, security measures associated with compulsory psychiatric treatment and custody in health institutions, committal to a reformatory, detention), especially whether current practice is in keeping with the relevant provisions of domestic law and international legal acts. My assignment was to render professional technical assistance in translating a prison monitoring idea into a research project. The resulting undertaking entitled Prison Monitoring having been completed, my present task as its author and professional adviser throughout, is to introduce the reader to our method of work. We first set out to determine exactly what we wanted to find out, then to choose the best way of accomplishing that. We proceeded to analyze at great length relevant domestic and international rules and regulations, identifying the following six principal spheres of interest to which their provisions pertained: the quality of life; security; the lawfulness of treatment; social resettlement; contacts with the outside world; and the institution personnel.

Financial Accountability as a Condition for EU Membership

Author(s): Aleksandra Rabrenović / Language(s): English

Zaštita životne sredine u krivičnom pravu Republike Srbije i podsticaji evropskih integracija

Author(s): Nataša Tanjević,Ana I. Opačić / Language(s): Serbian Publication Year: 0

Environmental crime is a serious problem and a growing one, and its supression is a considerable challenge both for developed countries and countries in development. In Serbia, until 2004, environmental law was one among the priority areas of reform. However, the EU accession process has put this legal discipline in the fast track, particularly in the part related to the establishment of a criminal law framework of envirmeont protection. It was hence that the Criminal Code of 2005 includes the first systematisation of numerous criminal offences that primarily protect the environment under a single heading, thus justly instituting environment protection as an independent and primary object of protection. The paper indicates the main characteristics of the group of offences against environment as prescribed by the Criminal Code, investiging both substantive and procedural aspects and certain problems related to discovery, evidence and expertise in such cases identified in court practice. In addition, given the Serbian efforts in EU integration, which includes legislative harmonisation, the authors have indicated the importance of EU activities in environment protection.

Development of Environmental Law in the Republic of Slovenia under the Influence of European Legal Rules

Author(s): Rajko Knez / Language(s): English Publication Year: 0

Izvršavanje presuda Evropskog suda za ljudska prava

Author(s): Slavko Carić / Language(s): Serbian Publication Year: 0

In this paper the author presents some key aspects of the process of the execution of judgments of the European Court of Human Rights. Namely, the judgment of the European Court of Human Rights is „the starting point of a process which should enable rights and freedoms to be made effective.“ Therefore, the execution of a judgment given by any court must be regarded as an integral part of the trial. The execution o judgments of the Court is also a part of the principle of the rule of law. The author desribed four main parts of this process: dissemination, payment of just satisfaction, implementation of individual and general measures. In particular, he made some conclusions of the execution of judgments in family related issuses where he was directly engaged as a government agent and representative of the Republic of Serbia.

Spolková republika a Lisabonská smlouva (LS): nové mantinely německé integrační politiky?

Author(s): Vladimír Handl,Barbora Veselá / Language(s): Czech

Spolková republika Německo zůstává klíčovým pro-integračním aktérem, jehož zájmy i identita jsou těsně spojeny s existencí a dalším rozvojem EU. V německé integrační politice ale převládá pragmatický přístup, soustředění na politiku malých kroků, bezprostřední zájmový horizont a realistickou kalkulaci rizik, zisků a ztrát. • Spolková republika Německo neusiluje o dominantní či hegemonní postavení v EU. Převládá snaha jednotlivých aktérů a institucí (kancléřka, její úřad, ministerstvo zahraničních věcí) uchovat si své institucionální postavení především na domácí scéně. Není v jejich zájmu výrazné posilování institucí EU a chybí ambice, usilovat v těchto institucích o vůdčí postavení. • Zároveň sílí tlak a role aktérů s právem veta (veto players – země, Spolkový ústavní soud, parlament), kteří se snaží omezit dosavadní relativní volnost exekutivy v oblasti integrační politiky. Německý Spolkový ústavní soud (dále SÚS) se navíc svým rozsudkem o LS postavil do čela snahy „zachránit národní stát“ a vnímá se jako „strážce brány“ mezi národní suverenitou a Evropskou unií. • Ke svému konci dospělo tradiční „německé“ vnímání integračního procesu jako neustálé snahy o zdokonalování, posilování a prohlubování institucionální výstavby EU. Převládá vyčerpání z procesu přijetí a ratifikace Evropské ústavní smlouvy (EÚS) a LS, chybí vůle i potřeba další institucionální vývoj byť jen zvažovat. Další reforma institucí EU tak není ve střednědobé budoucnosti ani žádoucí, ani představitelná. • Panuje obava z toho, že vytváření Evropské služby vnější akce (ESVA) v nejbližším období zostří mocenský boj v rámci EU. Opakuje se situace, kdy se v institucích EU nejlépe prosazují zástupci Velké Británie či středomořských států, kdežto relativně zdrženlivé Německo se cítí znevýhodněno. • Nová situace znamená změnu v „německém myšlení“, na niž politika není zcela připravena. Místo akcentu na institucionální rozvoj EU se do centra integračního procesu dostává obsah, programy a projekty, jež by měly současný institucionální rámec naplnit. Německá politika zejména díky odporu SÚS a vzhledem k omezování relativní autonomie exekutivy směřuje při provádění integrační politiky k účelově zaměřené spolupráci, jež bude posilovat spíše mezivládní úroveň spolupráce. Situace s sebou nese riziko, že tato spolupráce může za jistých okolností probíhat vně mechanismů EU a navíc posílí mocensko-politický aspekt ve vývoji evropské politiky – a tedy i různé projevy existující asymetrie.

Liberalizace vnitřního trhu s elektřinou a plynem a proces formování společné energetické politiky EU v zájmu České republiky

Author(s): Lukáš Tichý / Language(s): Czech

Policy paper zkoumá důležitost liberalizace vnitřního energetického trhu v procesu formování společné energetické politiky a jeho význam pro zajišťování energetické bezpečnosti EU a České republiky. Na domácí úrovni by měla vláda ČR věnovat mnohem větší pozornost současným procesům vedoucím k vytváření vnitřního trhu s elektřinou a plynem v EU. Na regionální úrovni by vláda ČR by měla prosazovat propojení energetické infrastruktury a trhů s plynem a elektřinou ve středoevropském prostoru. Podpora českých zájmů při prosazování energetické politiky na úrovni EU by měla být organizována v rámci užší spolupráce mezi MZV, MPO, MŽP a Úřadem vlády ČR vytvořením zvláštní meziresortní komise pro energetiku.

The EU Normative Power as a Shield for Dependency?

Author(s): Vittorio Giorgetti / Language(s): English

This paper aims to assess the substance of the claim that the European Union acts like a normative power in its relations with Colombia. The first section explains the reasoning behind selecting Ian Manners’ normative power theory for approaching this topic and compares the relevance of this theory to alternatives. The second section examines the EU’s normative influence over Colombia based on the sub-regional and bilateral agreements made over the last 20 years. The third section contains a critical analysis of political and economic relations between the EU and Colombia, based on EU Country Strategy Papers, the EU-Colombia-Peru FTA, and EU-CAN relations in general. Having established that there is a gap between pure intentions and actual outcomes, the final section proposes the restoration of dependency theory as a useful means for examining this discrepancy.

Success or Failure? Assessment of the Readmission Agreement Between the EU and Turkey from the Legal and Political Perspectives

Author(s): Berfin Nur Osso / Language(s): English

The current refugee crisis, which created a collective action problem among the EU Member States in terms of sharing the responsibility, is indeed an indicator of the lack of solidarity as regards the implementation of the Dublin System. The pressures over the Common European Asylum System due to the high refugee influx from the Middle East into Europe following the Arab Spring and the Syrian civil war has driven the EU to cooperate with its neighboring states at its external frontiers and the transit countries. Turkey, which is a transit country located at the external borders of the EU, and the only passage between Syria, Iraq and the EU, has been one of these countries with which the EU has negotiated a cooperation in solving the crisis. However, the case-law of the European Court of Human Rights, as well as the treatment of asylum-seekers in Turkey, brought forward the questions of considering Turkey as a “safe third country,” which is one of the principles lying on the basis of the agreement. Although there are several concerns at this point, the EU and Turkey agreed to sign the agreement, where the motive of national interest prevails over the protection of human rights from the point of view of both sides. In the light of this background, the aim of this paper is to discuss the motive behind the agreement, as well as elaborate whether Turkey is a “safe third country” under the Asylum Procedures Directive.

The internal market of the European Union. Fundamental freedoms

Author(s): Ioana Nely Militaru / Language(s): English

This book aims at studying the evolution of the internal market of the European Union, analyzing how to harmonize the national laws of the Member States on the free movement of goods, persons, services and capital and then proposing to increase administrative convergence between Member State administrations, from the desire to increase the degree of integration and interconnection of states within the single market. This research carried out contributes to the opening of new research directions in the field of European Union law: regulating the convergence between the economies of the European Union states that make up the European Economic Area; interdisciplinarity in the study of the European Union. The book contributes to the development of sub-issues of European Union law - the Law of the internal market of the European Union, which until now has not received any particular attention from the doctrine, although practice has shown that there are many problems that call for in-depth research to provide solutions to increase efficiency in the functioning of the single market.

Organization and duties of the European Union institutions

Author(s): Ioana Nely Militaru / Language(s): English

The European Union has a unique institutional framework aimed at promoting its values, pursuing its objectives and supporting its interests, its citizens and Member States, as well as ensuring the coherence, effectiveness and continuity of its policies and actions. The first Community institutions were created by the Treaty establishing the Coal and Steel Economic Community (from 1952, which established the coal and steel market), respectively the Treaty establishing the European Atomic Energy Community (from 1958, which established a generalized European common market). to the entire economy and to the field of atomic energy). Each treaty subsequent to the institutional treaties of the European Communities has contributed to the development of community institutions and the elimination of trade barriers between Member States with the aim of increasing economic prosperity and contributing to a "deeper union between the nations of Europe".

Introduction to The English Legal System. Revision Guide

Author(s): Özgür Heval Çınar / Language(s): English

The real reason for the emergence of this book is that it is hard to find resources to explain complex issues of the EU Law in plain language, which makes it very difficult for those taking an interest, in particular law students. Moreover, many years of teaching experience in this subject and seeing students experience difficulties is the key driver behind this book. This book does not repeat material that is available in many textbooks that are in print. Rather, it endeavours to present every topic in plain language and concludes every chapter with a fictitious explanatory sample case. In other words, it is an introduction to the subject of EU Law, the objective of which is to explain the topic both theoretically and in its application dimension. Additionally, this book will assist students to prepare for courseworks/examinations. At the end of the book there is also a test that summarizes all the subjects contained in the book, which is appropriate to the first stage SQE (Solicitors Qualifying Examination) examination model that will be introduced in September 2021.

Better Protection of the Rule of Law – Or of European Taxpayers’ Money

Author(s): Tamás Lattmann / Language(s): English

The European Parliament has made a first decision about a new regulation, aiming for better protecting the rule of law in member states, by possibly employing financial sanctions in case of short-comings. This reflection explains the difference between the pro-posed procedure and already existing mechanisms, sheds light on the background of the new legislation and addresses some of the questions it may raise related to EU law, member state sovereignty and its possible effects.

Written Contributions to the European Commission 2013 Progress Report on Serbia

Author(s): Author Not Specified / Language(s): English

Overall, the progress Serbia has made in areas the “prEUnup” report covers is uneven and erratic. In some areas significant steps have been made both in terms of legislative improvements and better implementation, while others have been almost a blind spot of the current government. It seems that progress is more driven by specific agendas of political actors than by regular functioning of the institutional arrangements in place.

COMMENTS to the Draft Strategy for Combating Irregular Migration

Author(s): Not Specified Author / Language(s): English

Comments to the Draft Strategy for Combating Irregular Migration with the Accompanying Action Plan2018-2020 are part of Group 484’s efforts for many years now to support, through its activities, thereform processes in the field of migration in the Republic of Serbia. Group 484 believes that competentauthorities have recognised the importance of adopting a strategic document that would definepolicies and key directions to be taken in combating irregular migration, as one of the most challengingsubsystem within the migration management system. In addition, by adopting this strategic document,one more requirement arising from the EU accretion negotiation process will formally be met.