„SOFT“ REGULATION OF CORPORATE GOVERNANCE IN SERBIAN LAW: METHODOLOGICAL EMULATION OF THE EUROPEAN UNION LEGISLATION Cover Image

„MEKO“ UREĐENJE OBLASTI KORPORATIVNOG UPRAVLJANJA U PRAVU SRBIJE – METODOLOŠKO UGLEDANJE NA LEGISLATIVU EVROPSKE UNIJE
„SOFT“ REGULATION OF CORPORATE GOVERNANCE IN SERBIAN LAW: METHODOLOGICAL EMULATION OF THE EUROPEAN UNION LEGISLATION

Author(s): Marija Mijatović
Subject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Fakultet za pravne i poslovne studije dr Latar Vrkatić
Keywords: corporate governance; Corporate Governance Code; Business Organizations Act; sof law; hard law; law harmonization

Summary/Abstract: Tis paper examines the issue of whether it is justifed to regulate corporate governance in Serbia by applying sof law instruments. Since this is a relatively new area for the national economy, there is no established awareness or required consensus to regulate this area through legal norms. Terefore, the Chamber of Commerce and Industry of Serbia published the infuental Corporate Governance Code in 2012, as a way of supplementing the Business Organizations Act. Tis kind of instrumental approach is in accordance with the legislative methods of the European Union and has proved useful in several ways. First of all, it represents the initial, non-invasive regulation of perspective and important legal matters in Serbia, one that has the potential of eventually becoming part of the hard law. Considering the high normative standards, and fexible nature of this sof law instrument, it is justifed to expect that by further use of this Code, the quality practice of corporate governance in Serbia will continue to thrive. Furthermore, it is expected that the Code will soon be amended in accordance with the 2018 changes to the Bussines Organizations Act.

  • Issue Year: 9/2019
  • Issue No: 01
  • Page Range: 42-54
  • Page Count: 13
  • Language: Serbian