Reform of Local Self-government in Serbia – Internal Legal Framework and EU Integration

2018 ◽  
Vol 16 (1) ◽  
pp. 25-45
Author(s):  
Marko Stankovic ◽  
Bojan Milisavljević
Keyword(s):  
Legal Framework ◽  
The Other ◽  
Eu Integration ◽  
The Republic ◽  
European Standards ◽  
Constitutional System ◽  
The One ◽  
The Eu

The paper analyzes Serbian system of local self-government under the Constitution of 2006 and its possible improvements. There are two major aspects of reform. On the one side, there are weaknesses in internal law and practice that were detected in last three decades and six concrete proposals for their correction. On the other side, considering that Serbia negotiates on integration with the EU, some improvements of the system should be a result of that process, fully in accordance with the European standards of local self-government. Reforming the local self-government in both of these directions should lead to better legal framework in the Republic of Serbia and upgrading the constitutional system.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

Kosovo: The International Community's European Project

2012 ◽  
Vol 20 (1) ◽  
pp. 10-22 ◽  
Author(s):  
Anita McKinna
Keyword(s):  
International Community ◽  
The Other ◽  
Eu Accession ◽  
Eu Integration ◽  
Ethnic Integration ◽  
The People ◽  
Ethnic Division ◽  
European Standards ◽  
Post War ◽  
The One

This article is about the post-war governance of Kosovo and the contradiction posed by the focus on multi-ethnicity on the one hand, and the development of a new Kosovar identity that transcends ethnicity on the other. Post-war Kosovo represents a bold experiment by the international community to create a society that adheres to European standards. The international administration has based its post-war reconstruction and governance of Kosovo on standards aimed at EU accession. To this end, since 1999 the international administration in Kosovo has pursued multi-ethnicity as a panacea. Far from creating the conditions conducive to greater inter-ethnic integration, the policies enacted supposedly in the name of multi-ethnicity have resulted in the further entrenchment of ethnic division. At the same time, the international administration has promoted a new Kosovo identity that transcends ethnicity and that fits with European standards. This article questions the international administration's approach in governing post-war Kosovo with the ultimate goal of EU accession. It argues that this approach has failed both in creating a more multi-ethnic society and in creating a new identity that is embraced by the people of Kosovo. This situation in turn raises questions as to whether there is a genuine will from the people of Kosovo to fulfil such standards, and therefore whether the goal of EU integration for Kosovo is a realistic one.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

scholarly journals The Possibility of a 'Dead Europe': Tsiolkas, Houellebecq and European Mythologies

2007 ◽  
Vol 4 (2) ◽  
Author(s):  
Nicholas Manganas
Keyword(s):  
The Other ◽  
Integration Process ◽  
Eu Integration ◽  
Perpetual Peace ◽  
The One ◽  
Eu Project ◽  
The Eu

This article posits that two constituent mythologies sustain and drive the EU integration process. The first is the tension between the twin narratives of “perpetual peace” and “perpetual suffering.” The second fundamental mythology of the EU project is the tension between the narratives of Europe as on the one hand “authentic” and as “cosmopolitan” on the other. Both of these constituent mythologies are essential in forming what is emerging as a pan-European, Europtimist raison d’etre. This article posits that two recent novels, the Australian Christos Tsiolkas’s Dead Europe (2005) and the French Michel Houellebecq’s The Possibility of an Island (2006) subvert these two mythologies and in the process undermine the legitimacy of recent works of Europtomist scholarship.

The Case of the Electronic Cigarette in the EU

2014 ◽  
Vol 21 (2) ◽  
pp. 161-175 ◽  
Author(s):  
Eugenie Syx
Keyword(s):  
Smoking Cessation ◽  
The Netherlands ◽  
Legal Status ◽  
Case Law ◽  
Legal Framework ◽  
Electronic Cigarette ◽  
The Other ◽  
The One ◽  
Smoking Cessation Therapy ◽  
The Eu

Abstract Although the electronic cigarette was invented in 2004, only recently the product has started to provoke discussion. On the one hand, the electronic cigarette is characterized by scientific uncertainties. It is not clear whether the device can be used in smoking cessation therapy, whether the use induces non-smokers — including minors — to start smoking and whether the vaporized substances and the act of vaporizing itself (which is smoking an electronic cigarette) is harmful. On the other hand, there is no harmonised European legal framework and different Member States attribute a different legal status to the e-cigarette. In this article, the author analyses how the e-cigarette should be qualified according to the current European legislation and ecj case law and describes how the e-cigarette is qualified in the uk, France, the Netherlands, Belgium and Spain.

The Making of a President: The European Parliament and the Confirmation of Jacques Santer as President of the Commission

1996 ◽  
Vol 31 (1) ◽  
pp. 62-76 ◽  
Author(s):  
Simon Hix ◽  
Christopher Lord
Keyword(s):  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Political Debate ◽  
European Elections ◽  
Shared Meanings ◽  
Single European Act ◽  
The One ◽  
Council Of Ministers ◽  
The Eu

THE SINGLE EUROPEAN ACT AND THE MAASTRICHT TREATY attempted to balance two principles of representation in their redesign of the institutional structures of the European Union: the one, based on the indirect representation of publics through nationally elected governments in the European Council and Council of Ministers; the other, based on the direct representation of publics through a more powerful European Parliament. There is much to be said for this balance, for neither of the two principles can, on its own, be an adequate solution at this stage in the development of the EU. The Council suffers from a non-transparent style of decision-making and is, in the view of many, closer to oligarchic than to democratic politics. On the other hand, the claims of the European Parliament to represent public sentiments on European integration are limited by low voter participation, the second-order nature of European elections and the still Protean nature of what we might call a transnational European demos. The EU lacks a single public arena of political debate, communications and shared meanings; of partisan aggregation and political entrepreneurship; and of high and even acceptance, across issues and member states, that it is European and not national majority views which should count in collective rule-making.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

scholarly journals Abraham Lincoln

1882 ◽  
Vol 10 ◽  
pp. 312-343
Author(s):  
Isaac N. Arnold
Keyword(s):  
American History ◽  
Abraham Lincoln ◽  
The Other ◽  
English Speaking ◽  
The Republic ◽  
English Speaking World ◽  
The One

The noblest inheritance we Americans derive from our British ancestors is the memory and example of the great and good men who adorn your history. They are as much appreciated and honoured on our side of the Atlantic as on this. In giving to the English-speaking world Washington and Lincoln we think we repay, in large part, our obligation. Their pre-eminence in American history is recognised, and the republic, which the one founded and the other preserved, has already crowned them as models for her children.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

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