Елементи хармонизације права привредних друштава Србије са правом ЕУ
Elements of harmonization of the law of Serbian companies with EU law

Summary/Abstract: This paper analyses some of the most important points of harmonization of Serbian company law with the European Union law. Legal theory should be critical and suspicious, and in accordance with its potentials, the EU designs the short, medium and long-term growth periods. This work will pay particular attention to the matters of company law in the strict sense. Considering the process of globalization and international integrations, there is a requirement of harmonization of national legislation with the EU Law. The solutions already modified or kept abreacted according to the latest developments at the EU level are also considered. According to some opinions, the integration of solutions which is established by the EU in the national laws leads to a single, i.e. universal or worldwide law. The question is to what extent and in which solutions to implement the EU dimension into the national law. Speaking about the change or the field of company law, as well as considering our Company Law Act, there is a dilemma in which extent and to which dimension we should implement the solutions which exist in the EU, especially in the Anglo-American law. Moreover, despite all benefits, there is a suspicion about some solutions, for instance, holding a meeting of shareholders without their physical presence of electronic transactions, particularly as viewed from the point of legal certainty. On the one hand, there is an obvious necessity of harmonization of the company law, the securities law, the stock law, the competition law, as well as the bankruptcy law, in order to establish and be present at the common and functional market. On the other hand, contrary to different levels of development of some states, as well as their potentials, the EU designs the short, medium and long-term growth periods. Chapter 6 (in the membership process), which relates to the company law, is coordinated by Serbia in order to improve its own business environment, which will also affect investments in Serbia. Certainly, the roles of human resources and their capability are in the foreground.

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