Srpsko pravo i međunarodne sudske institucije
The Serbian Law and the International Judicial Institutions
Contributor(s): Jovan Ćirić (Editor)
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, History of Law, International Law, Human Rights and Humanitarian Law, Political Theory, Politics and law, Law on Economics, EU-Legislation
Published by: Institut za uporedno pravo
- Print-ISBN-13: 978-86-80059-60-0
- Page Count: 339
- Publication Year: 2009
- Language: English, Serbian
Međunarodno sudstvo danas
Međunarodno sudstvo danas
(International Judiciary Today)
- Author(s):Boris Krivokapić
- Language:Serbian
- Subject(s):International Law
- Page Range:15-66
- No. of Pages:52
- Keywords:courts; development of courts by the number and type; perspective of international courts
- Summary/Abstract:It can often be heard that international judiciary is insufficiently developed, and more importantly, that it is not mandatory, but optional. In this regard it could be pointed out that the international community doesn`t have centralized judicial system; that countries could become subjects of international court`s jurisdiction, only if they explicitly agree to it, etc. However, time in which we live is the time of accelarated, general globalization, and it led to significant changes in all spheres of life, including this one. Generally speaking, even nowdays the international judiciary is optional, although in the meantime certain major changes have happened. That is quite understandable bearing in mind the fact that there is a growing number of main subjects of the international law-countries and international oragnizations; that some new subjects of the international law were made, and they led to certain new kind of international disputes etc. Large number and diversity of international courts suggests that it would be advisable to make certain divisions and place them into appropriate categories in order to understand them better. At the same time it is an opportunity to present not only the most important but also some less known but for some reason particularly interesting international courts. Accordingly, the paper represents an attempt to point out some of the most interesting divisions or kinds of international courts (universal and regional; courts for the settlement of disputes and ( penalty) criminal courts; courts of general jurisdiction and specialized courts; courts for states and others; institunationalized international courts and selected courts (arbitrations); permanent and temporary courts; international courts in the right sense of the word and mixed courts, etc. Within these, further divisions were made. Bearing in mind that international courts have developed incredibly both by the number and the type, in organizational sense and in connection with the role they have in the international community, author in the concluding discussion points out some specific problems and perspectives of international judiciary.
Pristup Republike Srbije međunarodnim sudskim institucijama
Pristup Republike Srbije međunarodnim sudskim institucijama
(Access of Serbia to the International Judicial Institutions)
- Author(s):Mario Reljanović
- Language:Serbian
- Subject(s):International Law, Diplomatic history, Political history, Recent History (1900 till today)
- Page Range:67-86
- No. of Pages:20
- Keywords:international judicial institutions; International Court of Justice; International Criminal Court; International Criminal Tribunal for the Former Yugoslavia; European Court of Human Rights
- Summary/Abstract:Part of the contemporary international society and global relations are institutions and mechanisms for solving international disputes. Both at the universal and regional level, there are several significant courts having in mind that they have jurisdiction over Serbia or it’s citizens: International Court of Justice, International Criminal Court, International Criminal Tribunal for the Former Yugoslavia, European Court of Human Rights. Paper deals with each of these courts, analysing their structure, jurisdiction and procedures, as well as courts’ practice regarding Serbia. In that way, the picture of the relations of Serbia to international courts emerges, based on it’s international position and membership in universal and regional international organizations.
Srbija i Međunarodni sud pravde
Srbija i Međunarodni sud pravde
(Serbia and International Court of Justice)
- Author(s):Jelena Ostojić
- Language:Serbian
- Subject(s):Constitutional Law, International Law, International relations/trade, Politics and law
- Page Range:87-100
- No. of Pages:14
- Keywords:Unilateral proclamation of independence of Kosovo; The Un Security Council Resolution 1244; The International Court of Justice; Advisory opinion
- Summary/Abstract:Unilateral proclamation of independence of Kosovo by the temporary institutions of self - goverment in this suthern Serbian province, greatly endangered the sovereignity and teritorial integrity of Serbia. It has also violated its Constitution as well as The UN Security Council Resolution 1244, United Nations Act and other relevant acts of International Law. In order to protect its sovereignity, teritorial integrity and unity, Serbia has decided to move the Kosovo issue from political ground to the ground of International Law. For the purpose it has submitted the Resolution draft (wich requires The International Court of Justice to give its advisory opinion on this matter) to the UN General Assembly, wich adopted this draft. The International Court of Justice shall give its opinion on whether this proclamation is in accordance whit International Law. The decision, that is. the opinion of this Court,for wich bouth Belgrade and Pristina are anxiously waiting for, though not legally binding, shell certainly have great influence on the future of Serbia and Kosovo and Metohija.
Stalni arbitražni sud
Stalni arbitražni sud
(Permanent Court of Arbitration)
- Author(s):Vladimir Čolović
- Language:Serbian
- Subject(s):History of Law, International Law, Diplomatic history, Political history, Recent History (1900 till today)
- Page Range:101-121
- No. of Pages:21
- Keywords:arbitration; Permanent Court of Arbitration; Conventions; states; international organizations; panel of arbitrators; Administrative Council; International Bureau; UNCITRAL
- Summary/Abstract:The Permanent Court of Arbitration was established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 during the first Hague Peace Conference. The 1899 Convention was revised in 1907 at the second Hague Peace Conference. This Convention from 1907 has the same name as the 1899 Convention. The most concrete achievement of the 1899 Conference was the establishment of the Permanent Court of Arbitration – the first global mechanism for the settlement of disputes between states. But, today the Permanent Court of Arbitration provides the services for the resolution of disputes involving various combinations of states, states entities, international and intergovernmental organizations and private parties. Also, the Permanent Court of Arbitration has many commercial and investment disputes. Also, this Court provides the services for the resolution of disputes in the topic of the enviroment. The Permanent Court of Arbitration applies the Optional Rules of Procedure and UNCITRAL Arbitration Rules. We can say, that the Permanent Court of Arbitration applies basic rules of the arbitatration. The Permanent Court of Arbitration has a three part organizational structure consisting of an Administrative Council, a panel of independent potential arbitrators (Members of the Court) and its Secretariat known as International Bureau, headed by the Secretary General. Members of the Court are potential arbitrators appointed by member states. Each member state is entitled to nominate up to four persons. Members of the Court are appointed for a term of six years, and their appointments can be renewed. Up to now, the Permanent Court of Arbitration has about 50 disputes. The Republic of Serbia is the member of the Permanent Court of Arbitration.
Međunarodna arbitraža
Međunarodna arbitraža
(The International Arbitration)
- Author(s):Zoran Radivojević
- Language:Serbian
- Subject(s):International Law
- Page Range:123-160
- No. of Pages:38
- Keywords:international arbitration; notion and types of the international arbitration; origin and development; legal remedies against the decision of the international arbitration
- Summary/Abstract:The significance of the international arbitration, nowadays is very important. This article is dedicated to that important institution. In this article, the author talks about the notion and the types of the international arbitrations. He writes about ad-hoc and permanent arbitrations, about the facultative and obligatory and some other types of the arbitration. Prof.Radivojević also writes about the origin and development of the international arbitration, about the rules of the international arbitration and about the legal remedies against the decisions of the international arbitration.
Međunarodna trgovinska arbitraža: razlozi poništenja arbitražnih odluka
Međunarodna trgovinska arbitraža: razlozi poništenja arbitražnih odluka
(International Commercial Arbitration: The Grounds for Annulment of Arbitral Awards)
- Author(s):Katarina Jovičić
- Language:Serbian
- Subject(s):International Law, Law on Economics
- Page Range:161-184
- No. of Pages:24
- Keywords:international commercial arbitration; arbitral awards; annulment;
- Summary/Abstract:International commercial arbitrations raise considerable interest and the number of disputes resolved before them grows by the day. Parties recognise the possibility of influencing the manner in which a dispute will be resolved as an advantage offered only by these institutions. Although autonomous and independent in their work, arbitrations are still subject to control by courts, carried out through the enforcement and annulment procedures in respect of arbitral awards. This paper particularly analyses the grounds for annulment of arbitral awards, starting with a systematic examination of the most common ones in comparative law. This is followed by an outline of solutions in a number of characteristic national sources of law, both in common law and continental law countries. One of the continental law systems presented is that of Serbia. Special attention is given to the grounds for annulment found in two international sources of law. Finally, the conclusion expresses the positions taken upon comparing the mentioned sources of law.
Prethodno pitanje pred Evropskim sudom pravde
Prethodno pitanje pred Evropskim sudom pravde
(Preliminary Rulling Before European Court of Justice)
- Author(s):Aleksandra Čavoški, Ana S. Knežević Bojović
- Language:Serbian
- Subject(s):International Law, EU-Legislation
- Page Range:185-211
- No. of Pages:27
- Keywords:communitarian law; preliminary ruling; European Court of Justice; national courts
- Summary/Abstract:One of the most important proceeding before the ECJ, and recently before the Court of First Instance is the preliminary ruling. In this proceeding, the national courts play a significant role in applying and enforcing the EU law and procedures. Moreover, they are the key actors in developing and maintaining a uniform application of EU law within the European Union. In this endeavour national courts form a unique partnership with the European Court of Justice. Finally, national courts in this proceeding provide remedies for any breach of Community law. Bearing in mind the importance of this proceeding, the authors decide to present the main features of the preliminary ruling, its historical development, the ECJ’s case law that tailored the relationship with national courts, the actual procedure before the ECJ and the Court of First Instance and their competences in this procedure.
Uloga Evropskog suda pravde u stvaranju komunitarnog poreskog prava
Uloga Evropskog suda pravde u stvaranju komunitarnog poreskog prava
(The European Court of Justice – The Role in The Creation of the Community Tax Law)
- Author(s):Snežana Stojanović
- Language:Serbian
- Subject(s):International Law, Public Law, EU-Legislation
- Page Range:213-230
- No. of Pages:18
- Keywords:European Court of Justice; Member-States; financial duties; direct taxation; Community law; fundametal freedoms; founding treaties
- Summary/Abstract:The article deals with the issue of the European Court of Justice praxis and its influence on the establisment of the Community tax law and tax law of the Member-States. It is very important the role of the ECJ’s judments on cases in the field of direct taxation, because there is no harmonzation of the national tax systems in this field. Related with this, in this article I have listed and analyzed different cases and judgments, which had considerable role in adopting amandments of national tax laws. Also, judments related with non-execution of the Member-States’ financial duties to the EU budget are of the great importance, which is the reason why I have put a special consideration to this issue in the article.
Zloupotreba dominantnog položaja i stvaranje merger-a u pravu konkurencije EU i Srbije
Zloupotreba dominantnog položaja i stvaranje merger-a u pravu konkurencije EU i Srbije
(Abuse of the Dominant Position and Merger Controle in the EU and Serbian Competition Law)
- Author(s):Ivanka Spasić
- Language:Serbian
- Subject(s):International Law, Law on Economics
- Page Range:231-250
- No. of Pages:20
- Keywords:Abuse of dominant position; Relevant market; Market power; Geographic market; Product Market; Merger Controle
- Summary/Abstract:Competition law in EU regulates the basic questions of functioning of the fair competition on the single free market. Community competition law, as a part of European community law, is consisted of several “parts”, having in mind kind of the threat for functioning of competition on the market. These parts are restrictive agreements, abuse of dominant position, merger controle (concentration making), state mesures and (state) monopolies. Serbian competititon law has been regulated with the “Law concerning the protection of the competiton”. This Law is consisted of material and enforcement rules (rules concerning the Comision). National Commission is a special body made for defending the freedam of competitotn on the market. This article analyses the most importante questions conected with abuse of dominant position and merger controle in both European Comunity and Serbian Competititon law; their simillarities and differences, the level of harmonisation wich had been realised by Serbian competition law in this area, and the necessary changes which must be done to improve the funkcionality of the whole system of competititon.
The Role of the European Court of Justice in Shaping Certain Aspects of the Audiovisual Media Framework
The Role of the European Court of Justice in Shaping Certain Aspects of the Audiovisual Media Framework
(The Role of the European Court of Justice in Shaping Certain Aspects of the Audiovisual Media Framework)
- Author(s):Vesna B. Ćorić
- Language:English
- Subject(s):International Law, EU-Legislation
- Page Range:251-266
- No. of Pages:16
- Keywords:certain aspects of the EC audiovisual media framework; European Court of Justice; cultural diversity;
- Summary/Abstract:This article firstly examines the background and development of certain aspects of the EC audiovisual media framework and initial role of the European Court of Justice in that process. Subsequently, it discusses whether the existing audiovisual media framework appropriately guarantees the balance between the competition and the cultural diversity considerations and draws conclusions in this regard.
Izvršavanje presuda Evropskog suda za ljudska prava
Izvršavanje presuda Evropskog suda za ljudska prava
(Execution of Judgments of the European Court of Human Rights)
- Author(s):Slavko Carić
- Language:Serbian
- Subject(s):International Law, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:267-289
- No. of Pages:23
- Keywords:execution of judgments; European Court o Human Rights; individual and general measures; just satisfaction
- Summary/Abstract: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.
Od sveobuhvatnih reformi do privremenog rešenja: Protokol br. 14 bis uz Evropsku konvenciju za zaštitu ljudskih prava i osnovnih sloboda
Od sveobuhvatnih reformi do privremenog rešenja: Protokol br. 14 bis uz Evropsku konvenciju za zaštitu ljudskih prava i osnovnih sloboda
(From the Far-Reaching Reforms to the Temporary Solution: Protocol No. 14 Bis to the European Convention on Human Rights)
- Author(s):Milica V. Matijević
- Language:Serbian
- Subject(s):Human Rights and Humanitarian Law, EU-Legislation
- Page Range:291-310
- No. of Pages:20
- Keywords:European Court of Human Rights; Protocol no. 14; inadmissible applications; “repetitive cases”; Protocol no. 14 bis
- Summary/Abstract:Almost since its establishment as a permanent international court, the European Court of Human Rights has been facing an each year more and more alarming number of unresolved cases. The 2004 reforms have not solved the problem due to the failure of the Protocol no. 14 ratification process, with the exception of the Resolution Res(2004)3 which has had an impact, though of a limited character, on the processing of the so-called “repetitive cases”. A partial solution to the stalemate in which the control mechanism has ended up after the refusal of the Russian Duma to ratify the Protocol no. 14 could be found in the adoption of the new Protocol no. 14 bis, which will enter into force on 1st of October 2009. However, a through redefinition of the roles of the national legal systems and the Court in securing the Conventional rights is also needed.
Suđenje u razumnom roku-član 6. stav 1. Evropske konvencije za zaštitu ljudskih prava i osnovnih sloboda
Suđenje u razumnom roku-član 6. stav 1. Evropske konvencije za zaštitu ljudskih prava i osnovnih sloboda
(Right to a Trial Within a Reasonable Time – Article 6. Paragraph 1 of the European Convention on Human Rights)
- Author(s):Monika Milošević
- Language:Serbian
- Subject(s):Human Rights and Humanitarian Law, EU-Legislation
- Page Range:311-320
- No. of Pages:10
- Keywords:trial within the reasonable time; judicial practice; European Court of human Rights; long proceedings in Serbia
- Summary/Abstract:The term `Right to a trial within a reasonable time` that is guaranteed by the Article 6., paragraph 1. of the European Convention on Human Rights and Fundamental Freedoms, may not be determined precisely. Neither the European Court for Human Rights had defined it. It can be concluded generally that the term `Right to a trial within a reasonable time` is definable through the judicial practice of the European Court of Human Rights. A large number of countries faces with the problem of termination of court proceedings `within a reasonable time`, among which is Serbia as well. The Civil Procedure Act of the Republic of Serbia guarantees `theRight to a trial within a reasonable time`. However, general impression is that proceedings in Serbia last too long. Having in mind that Serbia is the member of the Council of Europe and had signed and ratified the European Convention on Human Rights and Fundamental Freedoms, its citizens may submit applications to the European Court of Human Rights for violation of the provisions of the Convention, including the violation of the Article 6. paragraph 1. of the Convention. In order to prevent possible negative consequences that may arise for Serbia due to the large number of applications submited to the European Court of Human Rights, measuers for the improvement of efficiency of judiciary should be taken.
Pretpostavka nevinosti i Evropski sud za ljudska prava
Pretpostavka nevinosti i Evropski sud za ljudska prava
(Presumption of Innocence and the European Court on Human Rights)
- Author(s):Jovan Ćirić
- Language:Serbian
- Subject(s):Human Rights and Humanitarian Law, Politics and law, EU-Legislation
- Page Range:321-339
- No. of Pages:19
- Keywords:presumption of innocence; European Court on Human Rights; burden of proof; media manipulations;
- Summary/Abstract:For one autocratic regime, everyone, a priori is guilty, or at least suspicious, so that guilty man has to proove the opposite and it is impossible. But, in democratic regimes the situation is quite an opposite, the state has to prove someone’s gult. It is always very duficult to prove that someone is innocence, in logical, psychological, sociological or any other sense. It is the question of the burden of proof. The burden of proof is always on the side of the state if we want to talk about fair, democratic trial. In that sense the presumption of innocence is something that is typical for democratic regimes, for respecting human rights, for impartial judicial trials without prejudices, for something that is called „fair trial“.In the second paragraf, of the article 6 of European Convention on Human Rights, („fair trial“) it is said that everybody is innocent, untill the state prove the opposite, i.e. everobody has to be treated innocent if there is no the adequate judicial decission that say an opposite. That paragraf is short, but the significance, and especially the interpretation of theese words are very wide. We also must have in mind that the violation of the presumption of innocence nowdays could be demonstrated on many different ways, in spite of all proclamation about human rights and democracy. Media manipulation is one of possible ways for violating the presumption of innocence. The European Court on Human Rights explicitly speaks about that in some of it’s decissions. In that sense, the author of this article presents here some very interesting decissions of the European Court On Human Rights in Strasbourg, when the word was about the violation of the presumption of innocence, that is guaranteed by the article 6 par.2 of the European Convention on Human Rights. Those decissions and interpretations of the presumption of innocence are very interesting and very important for Serbian law and establishing democratic practice in Serbian judiciary.
