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Promoting Resilient Economies in the Western Balkans : Tackling Corrosive Capital at Sectoral Level
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Promoting Resilient Economies in the Western Balkans : Tackling Corrosive Capital at Sectoral Level

Author(s): Alexander Gerganov,Igor Stojanović,Ana Lučić,Milica Kovačević,Nemanja Todorović Štiplija,Igor Novaković,Danijela Bozovic / Language(s): English

The transition process to democracy and market economy in the Western Balkans has been largely incomplete stalling the region’s prospects for EU integration. Rather than building robust government systems based on democracy and rule of law, critical weaknesses - “governance gaps” - remain widespread. As a result, external actors—particularly undemocratic states—have been able to reassert their role in the Western Balkans and undermine democratic development in the region. This has become particularly visible with the effects of the COVID-19 global pandemic, which have also strengthened local authoritarian instincts. In the current report, CSD, with support from partners in the Western Balkans, builds upon the comprehensive MACPI (Monitoring Anti-Corruption Policy Implementation) methodology, in order to analyse corrosive capital challenges, define regional priorities, and identify potential common patterns in the Western Balkans region. The MACPI assessment was based on extensive desk research, empirical case studies, review of international best practice and sets of interviews with experts, employees and clients of selected public institutions in each of the four target countries – Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia. The authors recommend that the countries re-examine their bilateral investment treaties and international agreements in terms of potential loopholes, and introduce strong internal policies in the public authorities. The latter should be revised in a way to effectively stop any potential conflict of interest, external corruption pressure, or pressure from above.

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Legal treatment standards for international investments. Heuristic aspects
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Legal treatment standards for international investments. Heuristic aspects

Author(s): Cristina Elena Popa Tache / Language(s): English

Discussing the standards of legal treatment for international investment, means subjecting the law branch in its entirety to research. Representing the most comprehensive part, of particular importance for international investment law, treatment standards continue to generate a series of differentiations whose understanding and approach often require the analysis of the starting points that led to the emergence, by division, of this branch of law. International investment treatment standards represent or should represent the direct effect of the principles of international investment law, thus being their expression, with a pronounced logical affinity between them. Specifically, they are not confused with the principles, but they are the practical reflection at the level of rights and obligations, applicable to the performers in this field, in the highlight of the theoretical-practical aspect, having a customary origin, as well as the principles underlying their development. Following this logic and analyzing the situation of the latest investment treaties, it turns out that there is an insufficiency in the preponderance of treatment standards, compared to the principles, much more numerous and constantly expanding, of this field of law. The specificity of this branch of law consists in the emphasis on its fundamental concepts, essentializing what determines the whole, being considered as a science of essentialization and, ultimately, the role of any method of scientific research is to analyze, discover and highlight what this branch of law represents, as a whole, what determines it, the connections of this ensemble with other sciences, the composition and structuring of the system and the substantiation of the connections between its components. The standards of legal treatment of international investments settled with the individualization of international investment law. Their appearance took place gradually, depending on the path marked by the stages of emergence and evolution of the legal regime of foreign investment, from the legal phenomenon to the branch of law, from trade in general to foreign investment in particular. In all of this, legal scientific research plays a key role because any codification activity must be scientifically substantiated. Any codification policy must ensure a balance between the diachrony and the synchrony of international investment law (between the dynamics and the statics of this law). A complete analysis of the treatment standards of international investments can be performed only by a close correlation because the singular existence of a standard specific to this field is excluded from the start. The importance of establishing and existence of eloquent and integrated treatment standards is a condition for survival under international economic crises. The main feature of this monograph is to present the subject in a way that is as easy to understand as possible to study and apply such rules, being a very useful and valuable material for students, masters, doctoral students, theoreticians and practitioners.

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Виклики модернізації в Україні: політичні аспекти
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Виклики модернізації в Україні: політичні аспекти

Author(s): O. V. Litvinenko,M. O. Palamarchuk / Language(s): Ukrainian

The political component of the processes of social transformations necessary to ensure Ukraine's access to the trajectory of stable development has been studied. The directions of building the main viable public institutions that will create a fulcrum for competitive economic activity and contribute to increasing the level of publicity of policy are considered. Possible ways to solve the existing problems of political reforms are analyzed - the lack of material resources and social capital, the difficulty of obtaining and maintaining a sufficient level of support for reformers and difficulties in reconciling the competing interests of different social groups. The monograph is designed for a wide range of professionals, politicians, civil servants, scientists, teachers, students.

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Pośrednie nabycie akcji towarzystwa funduszy inwestycyjnych
15.00 €

Pośrednie nabycie akcji towarzystwa funduszy inwestycyjnych

Author(s): Anna Lichosik / Language(s): Polish

The monograph presents the results of several years of research on the legal regulation of the capital market. The subject of the monograph is the indirect acquisition of shares of an investment fund company as one of the legal instruments created to protect specific values of the capital market. The author’s primary area of interest is the concept of the indirect acquisition of shares, notification of the intention to acquire a significant block of shares of an investment fund company, constructive elements of acquiring shares of an investment fund company, and legal instruments of influencing an indirect (potentially indirect) buyer of shares of an investment fund company.

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Contemporary Concepts of Administrative Procedure. Between Legalism and Pragmatism
12.00 €

Contemporary Concepts of Administrative Procedure. Between Legalism and Pragmatism

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

The aim of this volume is to compare various types of administrative procedure and show their similarities and differences in national, European and global dimensions. The Authors’ intention is also to capture the regularities governing the development of law on administrative proceedings, including answers to the following questions: 1) is there a genetic relationship between the three generations of procedures, or do they derive from the separate ideas of national legislatives (genetic peculiarities)? 2) to what extent did modern procedures become the subject of national codifications? 3) what are the characteristics of national participatory procedures? 4) what are the national experiences in the field of “coexistence” of the three generations of administrative procedures? 5) where is the boundary between pragmatism and legalism of administrative procedures, for example in the case of urgent or simplified, automated and mass procedures? 6) does the increasing complexity of social life necessitate new solutions to integrate standards of the Rule of Law (traditional procedural values) with requirements of procedural pragmatism and efficiency? 7) are the new solutions in contradiction with the idea of multi-aspect protection of interests in administrative procedure?

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Hybrydyzacja zarządzania rozwojem terytorialnym
6.00 €

Hybrydyzacja zarządzania rozwojem terytorialnym

Author(s): Aleksander Noworól / Language(s): Polish

Celem pracy jest przedstawienie złożoności zjawisk kształtujących zarządzanie rozwojem terytorialnym, które przybierają hybrydowe postaci, łącząc odległe – a nawet pozornie sprzeczne – procesy. Autor dąży do ukazania, w jaki sposób społeczeństwo informacyjne wpływa na zarządzanie publiczne. (…) Zamierzeniem jest zidentyfikowanie cech hybrydyzacji zarządzania rozwojem w kanonicznych fazach tego procesu i uwieńczenie wywodu próbą ujęcia modelowego, zawierającego rekomendacje dla tych, którzy kreują przyszłość jednostek terytorialnych. Autor dostrzega możliwość koegzystencji niekiedy sprzecznych systemów w modelowej postaci helisy.

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Administrative Corpus Juris between Implementation, Reforms and Continuous Developments. Contributions to the 5th International Conference „Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective”, May 27, 2022, Bucharest
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Administrative Corpus Juris between Implementation, Reforms and Continuous Developments. Contributions to the 5th International Conference „Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective”, May 27, 2022, Bucharest

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

This volume contains the scientific papers presented at the 5th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 27 May 2022 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into two chapters: I. Real and virtual meeting points for contemporary approaches to the study and practice of administrative law, and II. A rehearsal of some topics of interdisciplinary approaches in administrative sciences. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.

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Правото - традиции и перспективи. Сборник от юбилейна научна конференция по повод на 25 години от създаването на Юридическия факултет на ПУ "Паисий Хилендарски"
40.00 €

Правото - традиции и перспективи. Сборник от юбилейна научна конференция по повод на 25 години от създаването на Юридическия факултет на ПУ "Паисий Хилендарски"

Author(s): / Language(s): English,Bulgarian,French

This collection is dedicated to the 25th anniversary of the Faculty of Law at the University of Plovdiv “Paisii Hilendarski”. On this occasion, an international scientific conference was held on 19th and 20th September 2017. Presented papers there are included in this collection. The significant number of participants and the proposed materials made possible to single out several panels covering all areas of legal science: civil (private) law, public law, international law, criminal law, theory and history of law.

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A TULAJDONVÁLTÁS FOLYAMATA ROMÁNIA GAZDASÁGI ÁTALAKULÁSÁBAN
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A TULAJDONVÁLTÁS FOLYAMATA ROMÁNIA GAZDASÁGI ÁTALAKULÁSÁBAN

Author(s): Árpád Szabó / Language(s): Hungarian

Beginning with the middle of the XX. century, the majority of the Central and East European population has lived most of its life subjected to the experiments of a political, economical and social environment ─ which finally proved itself to be totally unsuccessful. Subsequent to World War II, the Central and Eastern European countries got under the influence of the Soviet Union and were compelled to live and coexist with that system. The system itself bore a different name in almost every country, but there were, nevertheless, some mutually characteristic features. The socialist system collapsed between 1989 and 1991. Many things have changed ever since. During the last two decades most of the countries in the region have become members of the NATO, and the European Union. From political point of view, there is political partition with due and democratically elected parliaments and governments. When choosing my research subject, I have chosen to look into the Romanian process of change of property, focusing on the process of privatization. Though only a few, in comparison with the other Central and Eastern European countries, but there have already been elaborated comprehensive studies [Earle-Sapatoru, 1993; Earle-Telegdy, 1998; Negrescu, 2000; Telegdy, 2001]. Therefore, I am not going to analyse in detail the process itself. My book consists of three major units. I define the basic terms and I present the hypotheses of the research in the first part of the first unit. In the second part of the first unit I make an overview of the international literature dealing with the economic transition in Central and Eastern Europe, and especially with the early premises of privatization. The second unit compares the features of transition in Romania and Hungary, the two countries being part of the same region. The third unit of the book deals with the privatization of agriculture and consists of three chapters. These chapters describe the impact of privatization on the land-structure, the agricultural machinery and the agricultural production. The research of the privatization in agriculture was financed by the Hungarian Academy of Sciences and it was a part of a larger strategic research programme called "The privatization of Agriculture in Transylvania". I have done my part of research together with students both from the Babeș─BolyaiUniversity of Cluj and Sapientia University. The book is concluded with the due findings of my research followed by the list of references.

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Potrzeba zmian w samorządzie terytorialnym
15.00 €

Potrzeba zmian w samorządzie terytorialnym

Author(s): / Language(s): Polish

Fundacja Rozwoju Demokracji Lokalnej to organizacja, która od początku przywrócenia samorządu w Polsce wspiera szeroko pojęte procesy decentralizacji. Fundacja i ludzie z nią związani opublikowali wiele znaczących raportów, monografii naukowych i ekspertyz, które często stanowiły podstawę do dyskusji o kierunkach rozwoju samorządu w Polsce. […] O wyjątkowym charakterze niniejszej publikacji decyduje zespół autorów: reprezentują oni różne dyscypliny i wszyscy mają ugruntowaną pozycję w środowisku naukowym i eksperckim zajmującym się władzą lokalną i regionalną. To uczeni, którzy przez cały okres funkcjonowania samorządu podejmowali problematykę władzy lokalnej w Polsce. Dla nich samorząd jest wielkim osiągnięciem ustrojowym Polski.Z recenzji dra hab. Arkadiusza Ptaka, prof. IRWiR PAN, Burmistrza Miasta i Gminy Pleszew

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Развитие на публичното право. Традиции и съвременност : Сборник статии и доклади от международна научна конференция на Юридическия факултет на ПУ „Паисий Хилендарски“, Пловдив, 23 май 2012 г.
0.00 €

Развитие на публичното право. Традиции и съвременност : Сборник статии и доклади от международна научна конференция на Юридическия факултет на ПУ „Паисий Хилендарски“, Пловдив, 23 май 2012 г.

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

This collection follows an International Scientific Conference on the same topic held at the Faculty of Law at Paisii Hilendarski University of Plovdiv. Many colleagues participated in - from Bulgarian law faculties, from the Institute for Legal Studies of Bulgarian Academy of Sciences and from Spanish law faculties, too. Presented papers are included in this collection. Not the least, this collection is dedicated to a colleague who passed away after the conference. It is pro memoria to the brilliant colleague who was one of leading and internationally known scholars of Bulgarian public law - Prof. Emilia Kandeva, PhD.

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Научна конференция "Юридически, икономически и исторически аспекти на държавното регулиране върху стопанската дейност"
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Научна конференция "Юридически, икономически и исторически аспекти на държавното регулиране върху стопанската дейност"

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

The collection contains reports presented at scientific conference "Legal, economic and historical aspects of the state regulation on the business activity", organized on the occasion of the 90th anniversary of the birth of Prof. Dr. Filip Rachev. The conference was held on June 23, 2022 in the conference halls of the university in parallel modules. Scientists, practitioners, doctoral students and students participated, a total of over 40 people in five scientific fields: Private law aspects of the regulation of the business activity; Public law aspects of the regulation of the business activity; Criminal law aspects of the regulation of the business activity; Problems of the international law and the EU law in the field of the regulation of the business activity; Economic and historical aspects of state regulation of the business activity.

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Сравнителноправен анализ на данъка при източника през призмата на практиката на Съда на Европейския съюз
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Сравнителноправен анализ на данъка при източника през призмата на практиката на Съда на Европейския съюз

Author(s): Nina Chilova,Tanya Atanasova,Aleksandra Valcheva,Stoycho Dulevski,Tyurker Mollahasan,Stanislav Dzhinsov / Language(s): Bulgarian

The present monography examines the withholding tax in the Bulgarian tax law, drawing a comparison with the European perspective. The study outlines the main elements of this kind of tax according to the national perceptions, including the historical prerequisites for its introduction. The relevant directives on this matter, as well as the significant cases of the CJEU, have been examined chronologically. The study ends with a theoretical and practical analysis of fundamental points on this issue, with a number of recommendations in relation to the improvement of the concept of the withholding tax in the domestic law.

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Modern Visions of Public Law
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Modern Visions of Public Law

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

This volume contains the scientific papers presented at the 6 th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 19 May 2023 online on Zoom. The conference is organized by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://alpaconference.ro. The scientific studies included in this volume are grouped into three chapters: • Specific Interdisciplinary Interactions in the 21st Century Public Law. The papers in this chapter refer to: administrative science or sciences? - research must remain interdisciplinary; challenges of legal regulation regarding cryptocurrencies; Government rocade - a genuine constitutional solution or an illusory, discretionary one?; problems of administration of disputes arising in connection with the public service: jurisdiction and the possibility of mediation; complementarity between civil Status acts and mitrical acts; the new trends in administrative decisions in Portugal – the Simplex program and the adequate pursuit of public interest • On the Vital Public Interest in Efficient, Effective and Fair Administration at All Levels of Government. This chapter includes papers on: European Union membership and the Constitution of Romania; control over the administration in Kosovo; where next, local self-governments?; 100 years of constitutional regulation of the Romanian contentious administrative; the compensation mechanism of expropriated pursuant to Law no. 255/2010 - vulnerabilities and possible solutions; controversies regarding the withdrawal of the right of use over the land assigned on the basis of Law no. 15/2003 regarding the support given to young people for the construction of a personal property. • Regulatory Practice and Judicial Procedures in Public Law. The papers in this chapter refer to: the latest legislative changes of the administrative litigation Law no. 554 of 2004; the impact of rulings relating to questions of law on administrative acts; considerations regarding the appeal to the administrative court of the individual performance appraisal report of civil servants; the administrative court system and its impact on Albanian private enitites; authority of res judicata of the decision of the administrative court before the criminal court. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of public law and public administration at international and national level. We thank all contributors and partners, and are confident that this volume will meet the needs for growing documentation and information of readers in the context of globalization and the rise of dynamic elements in contemporary public law and public administration.

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Declaraţia Universală a Drepturilor Omului – moment important în dezvoltarea dreptului drepturilor omului
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Declaraţia Universală a Drepturilor Omului – moment important în dezvoltarea dreptului drepturilor omului

Author(s): / Language(s): Romanian

This volume presents the significance of the Universal Declaration of Human Rights (UDHR) in the evolution of international human rights law. It examines how the UDHR laid the foundation for the development of subsequent human rights treaties and frameworks, influencing both national and international legal systems. It delves into the historical context of the UDHR's adoption, the key principles it enshrines, and its lasting impact on global human rights discourse. It also addresses the challenges and criticisms faced by the UDHR over the decades, highlighting its role as a cornerstone of modern human rights advocacy and legislation.

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Historia administracji. Wybór źródeł
18.00 €

Historia administracji. Wybór źródeł

Author(s): / Language(s): Polish

The collection prepared by the group of researchers and educators from the Faculty of Law and Administration of the University of Warsaw contains legal acts from the history of administration of the Polish state and countries such as: Austria, Prussia and Germany, Russia and USSR, France, England and the United States, whose legislation had a relevant impact on the state legal system and administrative and legal solutions in force on Polish lands. The first part of the publication consists of documents regarding the system and administration of countries other than Poland. The second part discusses the regulations regarding the Polish state, including its constitutional law, government administration, local government and non-territorial self-government, administrative judiciary and legal protection bodies, as well as official law and administrative procedure. Such perspective makes it possible, among others, to track changesin the process of ruling a country and functioning of an autonomy, and thus facilitates understanding of contemporary solutions.

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In Search of a Legal Model of Self-Employment in Poland. A Comparative Legal Analysis Part II
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In Search of a Legal Model of Self-Employment in Poland. A Comparative Legal Analysis Part II

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

This monograph is the result of the work of scholars from various European countries who joined the research project funded by the National Science Centre and led by Tomasz Duraj, titled “In Search of a Legal Model of Self-Employment in Poland. A Comparative Legal Analysis”.The chief research objective tackled by the project participants consisted in a complex legal ana lysis of self-employment – not only from the perspective of Polish regulations and case law, but also with regard to solutions existing in international law, European Union law, and selected European countries. The area of study covered the legal systems of the United Kingdom, Germany, Austria, Spain, France, ltaly, Hungary, as well as Lithuania, Latvia, and Estonia. Research design was rather innovative. To date, no large-scale research had been conducted into the legal environment as it pertains to self-employment, encompassing not only the Polish regulations and case law, but also the solutions adopted in international law, European Union law, and the laws of selected European countries. The inclusion of the regulations on self-employment in other countries, processed to fit within in the framework of a structured study, provides added value for Polish legal scholarship.This monograph contains an analysis of self-employment under the law of the Baltic States and under Polish law. The concluding chapter presents the final results of the research carried out as part of the research project. On their basis, an attempt was made to create an optimal legal model of self-employment in Poland. The comments as to the potential future regulatory approaches are designed to help the Polish legislator draft a new law on the legal status of self-employed workers, in order to systematically and comprehensively regulate the key aspects of self-employed work, with particular emphasis on the social protection of the workers. Its implementation will contribute to resolving a number of disputes and clarifying a number of doubts that currently exist in legal scholarship and in case law.The proposed optimal legal model of self-employment in Poland outlined in this monograph has a universal dimension, going much beyond self-employment as such. The research results suggest certain conclusions that offer a springboard for a broader discussion about the future of labour law. They encourage reflection on the need and legitimacy of expanding the applicability of protective regulations of labour law, with a view to bringing under their umbrella various new groups of workers who provide work, independently, outside the employment relationship (in particular under conditions of dependence on the client). The scope of this protection and manner of its differentiation require further critical reflection and development.The monograph is primarily addressed to legal academics, students, legislators, judges and representatives of other legal professions, social partners, practitioners and other circles interested in the issue of atypical forms of employment.

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Финансови правни отношения в системата на публичните средства от европейските структурни и инвестиционни фондове
9.71 €

Финансови правни отношения в системата на публичните средства от европейските структурни и инвестиционни фондове

Author(s): Savina Mihailova-Goleminova / Language(s): Bulgarian

The monographic study aims to highlight the workings of the system of public funding from the European Structural and Investment Funds in the programme period from 2014 to 2020. It is based upon the author's dissertation ‘Financial Legal Relations in the System of Public Funding from the EU Structural and Cohesion Funds’, of which the scientific supervisor for its preparation is Prof. Sasho Penov, PhD. The result of the research demonstrates that the system of public funding from EU Structural Funds correspond with national co-financing as a public financial legal relationship. This is subject to legal regulation under financial laws, to wit those concerning the expenditure and use of budgetary funds (European and national) and control over this activity. The study is undertaken in respect of the public relations issues arising, developing and being expunged in the public funding system relating to European funds under shared management. This study examines two aspects: (1) a set of financial legal relationships of management and control, and (2) a set of public authorities that undertake financial activities.

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Vodič za primenu relevantnih propisa u oblasti azila i migracija
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Vodič za primenu relevantnih propisa u oblasti azila i migracija

Author(s): Marko Davinić,Ivana Krstić / Language(s): Serbian

The complexity of the migration flow taking place on the territory of the Republic of Serbia, as well as the adoption of systemic laws regulating the field of asylum and treatment of foreigners, have necessitated the horizontal application of relevant regulations and further strengthening of capacity for efficient migration management in the Republic of Serbia. With the aim of providing support to key stakeholders, the "Guide for the Implementation of Basic Regulations in the Field of Asylum and Migration" has been prepared, which represents another contribution to the reform processes in the field of asylum and migration that Group 484 has been supporting for many years through the implementation of various activities. The special value of the Guide is reflected in the fact that it is primarily based on examples from practice in the first year of application of the newly adopted regulations, the Law on Asylum and Temporary Protection, the Law on Foreigners and the Law on Border Control, as well as being the result of successful multi-sectoral cooperation established between the civil sector and the competent state authorities of the Republic of Serbia.

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(IN)VISIBLE IN THE MIGRATION FLOW IN THE REPUBLIC OF SERBIA
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(IN)VISIBLE IN THE MIGRATION FLOW IN THE REPUBLIC OF SERBIA

Author(s): Zoran Teodorović / Language(s): English

As a social category, statelessness has found its place both in the international and in the national legislation of every state. From the internal point of view - through the right to citizenship, that is, through the confirmation of the sovereignty of states, and from the international point of view, as the human rights legislation, a reaction of the international community to the specific status of stateless persons. Thus, with the entry of international legislation into the domain of this problem, the idea is “promoted” that states should commit themselves to find, by reforming the right to citizenship, appropriate instruments that will effectively influence the reduction of the number of stateless persons, as well as help decrease the number of new stateless persons. The international community is striving to use its legal instruments not only to improve the status and position of stateless persons by “extending” the list of available rights, but also to determine the modes and measures, the application of which would lead to the reduction of statelessness as a phenomenon, including direct involvement of states in taking measures with the aim of preventing the spread of statelessness.

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