From Emulation of the European Models to Regional Harmonization-the Other Side of the Coin Cover Image

Од угледања на јевропејске узоре до регионалне хармонизације-друга страна медаљњ
From Emulation of the European Models to Regional Harmonization-the Other Side of the Coin

Author(s): Radovan D. Vukadinović
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Harmonization; Emulation; Regional harmonization; Directives; Codification; Legal transplants; Irritants;
Summary/Abstract: Harmonization of law is a complex process that causes significant political, economic and legal consequences in a country that is implemented.The author considers at harmonization of law not only as a process of adopting solutions from EU law, but also as part of the overall process, “emulation”on foreign models of law and as part of the process of standardization. Thus understood, harmonization has its roots in ancient history, Roman law, and was the implemented in the Middle Ages through the process of creating a new law merchant (lex mercatoria). In this context, the author states that the impact of Byzantine law had to the law of medieval Serbia during the making of Dushan’s Code of 1349, as well as during the making Serbian Civil Code of 1844.Today’s harmonization that Serbia conducts in process of preparation for EU membership is critically assessed as incompatible with the internal expectations and economic circumstances and as no synchronized with the priorities that the EU has in the coming period in respect of admission of new members.

  • Page Range: 36-58
  • Page Count: 23
  • Publication Year: 2015
  • Language: Serbian