The Meaning of Workers Struggle Today
Smisao radničke borbe danas
Keywords: Serbia; Union; Activities; workers
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Keywords: Serbia; Union; Activities; workers
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Keywords: Serbia; Serbia and Montenegro; Vojvodina; legislation; transition; anti-corruption; reforms; prosecution; local self-government
The article presents a brief outlook of all activities undertaken to fight corruption by the Government and institutions in Serbia and Serbia and Montenegro during May and June of 2005.
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Keywords: International obligation; international dispute; an internationally unlawful act; international responsibility of state; implementation; extradition; Ratko Mladić; the ICTY
The subject matter of this paper is international state responsibility for breach of international obligations, and related issue of enforcement and supervision of the execution of UN decisions of, as well as the implementation of international multilateral agreements. The author presents these institutes of Public International Law through analysis of individual case study from recent state practice, which refers to the question of the (non) extradition of indictee Ratko Mladić to the International Criminal Tribunal for the Former Yugoslavia (ICTY) by the state of Serbia. After introductory remarks, the author defines, under general international law, the concept of international obligation, international dispute, and an internationally unlawful act, and the question of attribution of those acts to one state. The author also demonstrates the basic features that are related to the concept and definition of international state responsibility, as well as the basic problem of carrying out the decisions of the UN organs and the provisions of international multilateral agreements. The sixth section of the paper addresses the issue of legal basis, i.e. the sources of international obligation in concreto. Every legal basis of the aforementioned international obligation on the state of Serbia is analyzed in detail, starting with the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, decisions of the ICTY, UN Security Council decisions, and the General Framework Agreement for Peace in Bosnia and Herzegovina. The judgment of the International Court of Justice of the UN (ICJ) in the case R BiH vs. FR Yugoslavia is also being examined, as well as the Hague and Geneva law, the basic principles of general international law, the UN Charter and, finally, national legal acts of the state of Serbia related to the subject of research. The work, therefore, examines international state responsibility in international dispute, which originated from the relationship between state and international organisation and proves that in such a dispute, according to contemporary international law, international state responsibility cannot be determined in court proceedings. The paper, above all, through scientific and detailed analysis of a concrete case, proves that in the international legal order currently exist certain difficulties in terms of implementation, and offers appropriate recommendations. The paper proves general and derived hypotheses which are proposed in the introduction of the work based upon the terms and goals of the research. The author refers to domestic and foreign bibliography available at the time of research. For primary sources, the author uses jurisprudence of the International Court of Justice and the ICTY, and international declarations and conventions, especially the decisions of the UN Security Council, as well as the domestic law of the state of Serbia.
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Keywords: Boris Tadic; global crisis; Tito; communism; Democratic Party;
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Keywords: Serbia; privatization; stockholders;
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Keywords: frenchising; investments; entrepreneurship; small and medium-sized entreprises (SMEs)
At present, franchising is a very popular form of investing. Franchising is a particularly successful way of organizing the “forthcoming” financial and intellectual capital beyond the country – user’s borders. It is particularly characteristic of many developed countries. Franchising system supports and contributes to the development of SMEs and the so-called middle business class. It helps companies resist market demands imposed by large and powerful players. Over the past decade, franchising has become one of the most successful methods of SME development, within the overall process of world trade globalization.
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Keywords: Augustine; God; civitas Dei; civitas terrena; church; state; Hobbes; royal worship; Križanić; political theology; sovereignty
The author designates the Croatian thinker Juraj Križanić as a philosopher of politics, i.e. a modern political theorist who, on the one hand, founds his postulates on traditional theological thought, and, on the other, takes into account the postulates of modern political theory. As a theologian, Križanić bases his conception of history and theology on the providentialism of St. Aurelius Augustine, and his political theory on the acceptance of a part of the thought of his contemporary Thomas Hobbes. The theoretical position – political theology, positions him precisely between the political-theological postulates of Augustine and the political-theoretical hypotheses of Hobbes. In agreement with Augustine, Križanić concludes that the political community (state) has its foundation in God and the values comprised in him, which is especially manifest in Providence and royal worship as basis of the internal structure of the state. But, in agreement with Hobbes, Križanić understands that the mission of the state decreed by Providence operates within the earthly state and the secular political frameworks, and that, on the other hand, the king instituted by the will of God has his foundation also in the political body (the people), and this ranks Križanić among the modern political theorists.
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Keywords: Law;Application of European law;Accesion;Croati;European Union
Republika Hrvatska (dalje: Hrvatska) postala je 1. srpnja 2013. g. punopravna članica Europske unije (dalje: Unija), te su istog dana stupile na snagu promjene Ustava Republike Hrvatske . Prema tim izmjenama, cjelokupna pravna stečevina Unije postala je dio domaćeg pravnog poretka i formalnopravni izvor prava . Time je primjena pravne stečevine Unije postala obvezujuća za državna i upravna tijela i sudove svih grana i razina, pri čemu su odredbe prava Unije, sukladno načelu nadređenosti, postale nadređene odredbama domaćeg prava.
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Keywords: the employment contract for a definite period of time; labor relation; flexicurity;
In the paper the authors analyze the effect of the employment contract for a definite period of time on the flexibility of the employer and on the safety of the worker. They try to find a common denominator of the two contrasting requests through the concept of flexicurity. Although they are considered to be nonstandard forms of employment and the phenomenon of them being atypical nowadays can be seen only as an anachronism because the number of such contracts is in constant growth, the reason for this growth is obvious. These contracts are considered to be a good instrument for cutting the employer’s expenses, which optimizes his/her competitiveness on the market. At the same time this jeopardizes the worker’s safety at the labor market. In order to surpass these difficulties legislative interventions have been done on the level of the European Union. The authors analyze the effects of the Directive of EU about work at a definite period of time on the position of workers employed for a definite period of time. They also compare these effects on labor legislation of the Republic of Croatia and the Federal Republic of Germany. By comparing and analyzing solutions de lege lata, they suggest solutions de lege ferenda.
More...Keywords: Internet Network Neutrality; Law; Comparative Law; Internet Law;
Internet Network Neutrality is now evident threatened. The Users of Internet Services will no longer be able to count on equal Access to the Internet Network. States are facing a great Challenge to prevent this Phenomenon, but in spite of their Possibilities they do not affect to improve the Situation. Internet Service Providers use the Opportunities provided by technology and legal Requirements to act arbitrarily on the Market. In this way they seek to eliminate all Competition and maintain existing capacity Internet Network, and to censor any content which is in the Interest of the State or the Owners of big capital. On the other hand remain the Users of Internet Services, which Rights remain only on paper because they are unable to protect their legal rights guaranteed by the State without State Institutions. Bearing in mind that the Internet Sector and the Telecommunications Sector in general is of vital importance for each Country, individuals in this regard may be little to do in order to improve the Situation. The Regulatory Agencies are established by the State and are actually nothing more than another Piece of Governmental Powers, elected by the Governmental Power. Therefore we cannot talk about the Independence of these Institutions, since the Election of Members of Regulatory Agencies depends on the Government or members of political Parties. This actually and establishment of Regulatory Agencies has a symbolic role that the State takes care of Internet Users and Competition in the Market. The only thing the Citizens remain is, that by Court to achieve their basic Human Right, the Right to Communication and sharing of Informations. In this respect should help Constitutional Courts and the European Court of Human Rights in Strasbourg.
More...Keywords: liability insurance; medical error; premium; sum of insured; damage; general conditions of insurance; special conditions of insurance;
Medical liability insurance or medical errors is one of the forms of professional liability insurance. Proper regulation of this type of insurance is useful for physicians and for patients, ie, persons who are providing medical services. In Republic of Serbia medical liability insurance is not regulated. Some insurance companies offer this type of insurance. In other countries there are various forms of this type of insurance, as well as extensive experience in this field. This also applies to the some countries in our neighborhood, such as Slovenia and Croatia. Analysis of this type of insurance in the world shows that effective medical liability insurance depends on effective health care. Medical liability insurance or errors must have a special place in the insurance market in the Republic of Serbia and it must be legally regulated in the act regulating the health field. Also, special conditions must be defined for this form of insurance that would have its basis in the general conditions of insurance. For the effective functioning of the medical liability insurance, insurance companies must, in the conditions of insurance, to determine relation between the premium and the sum of insured, on the one side, and the type and the complexity of medical intervention, on the other side.
More...Са Пактом Друштва народа после Првог светског рата, регистровање и објављивање, упоредо са депоновањем уговора, после Другог светског рата, уређени су као формалне установе на општи начин у међународним уговорним односима држава и тиме увршћени у међународну правни поредак, допунујући и довршавајући га.
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Keywords: contracts; corpora; extralinguistic context; generic conventions; extended term-forming patterns;
While it is true that phraseological units in legal discourse have received some attention in recent years, the fact remains that extended units of meaning (Sinclair 2004) have not been investigated sufficiently enough. This also applies to complex term-forming patterns (Biel 2014b), which “may be seen as frozen collocations due to their high structural stability” (Biel 2014b: 180). The paper thus examines extended term-forming patterns extracted from two comparable corpora of contracts by means of WordsmithTools 6.0 (Scott 2012) and accounts for their interpretation by consulting the extralinguistic context. The paper also attempts to propose a translation approach to such extended units of meaning, given the fact that some of their constituents are often specific either to a certain legal system or to an area other than law, thus calling for a complex interdisciplinary approach to the interpretation of such units. The paper may thus represent a useful resource for legal translator training since it reveals the patterning of terms in the genre of English and Croatian contracts.
More...Keywords: supranational organizations; the European Union; the subjects of international relations; international organizations;
One of the open questions in the theory of international relations is that which applies to holders of international personality. Thinking on this subject can be reduced to two approaches. The first, “objective way” who tried to find a principled foundation for its approach, mainly through the designation criteria as specific “filter” to search for answers. And the second, “subjective way” which is based on the assumption that they can see “immediately” and that is enough to make just list them. The essential difference between these two approaches is to accept or in challenging the international personality of the individual subjects. Supranational international organizations do not fall within the scope of the controversial subjects of international relations. However, theorists of international relations they, unfortunately, do not pay the necessary attention that they otherwise deserve. Their most often drowning in classical international organizations indicates superficial approaches or neglect, including lack of understanding of the essence of these deposits and their relation to other countries and international organizations. Since the European Union is a major, even fundamental, represent this category of subjects of international relations, to be specific supranational organization can best be seen through this receive transnational organization. Core supports its international personality are contained in the fact that it is organizationally and politically positioned between states and international organizations, and the sources and positions of these items can be found in its supranational nature and structure.
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Keywords: constitutionalism; constitution; monarch; sovereignty; citizens;
The basic idea of constitutionalism is the ideal of constitutionally limited authority. However, through the longest period of human civilization as a form of government appears monarchy which was based on the postulates of the Divine origin of both the government and the ruler and his undeniable and unlimited power. The evolution of the idea of citizens as the original bearers of sovereign authority and the need of government constraints evolved gradually, especially during the Middle Ages, to bring about the true revolution with the enlightenment of the 18th century when it became the theoretical and positive legal basis of contemporary democratic constitutions. In this (r)evolutionary emergence, the Declaration of Independence of the United States from 1776 and the Declaration of the Rights of Human and Citizen of 1789 played a crucial role as the crown of the struggle for equality and freedom of citizens on the universal values of natural law.
More...Keywords: adhesion contracts; contracts upon accession; French law; French Civil Code
U radu se polazi od pristupanja ugovoru koji se funkcionalno shvata kao saglasnost volja, iako ima određene specifičnosti, zbog čega mu se u svim pravnim sistemima određuje poseban pravni režim koji se suštinski primenjuje na sve oblike ugovora koje sastavlja jedna strana, bez obzira na postojeće terminološke i pojmovne razlike. Francusko ugovorno pravo, kao inače veoma uticajno u svetu i sa do sada najuticajnijom građanskom kodifikacijom, izvršilo je određeni uticaj na mnoga prava, među kojima i na srpsko. Uticaj se pre svega ogleda u terminu „adhezioni“ ugovori, koji se i danas kako u tom izvornom obliku, tako i u prevodima „ugovori po pristupu“, kao i „ugovori po pristanku“ i dalje vezuje za francusko pravo. Razmatraju se teorijske postavke ovog pojma, njegova recepcija u domaćoj građanskopravnoj nauci, a posebno pravni režim u reformisanom francuskom ugovornom pravu, tj. izmenama i dopunama Građanskog zakonika iz 2016. godine. U fokusu su potom proširena ovlašćenja suda da interveniše u privatne ugovorne odnose, kao i aktuelne tendencije unošenja pravila koja su primarno osmišljena za potrošačke ugovore i zaštitu potrošača u opšti režim ugovornog prava, tj. proces njihovog usvajanja kao opštih pravila ugovornog prava.
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Keywords: consumer protection;directives;legislation;harmonization;European Union;Serbia;
The main aim of this paper was to analyze consumer policy in the European Union (EU) from its beginnings to the current state of consumer protection through consideration of the regulations adopted in the EU in the last decades, and their incorporation into the national legislations of the member states and candidate countries to join the EU. Considering the fact that the Republic of Serbia has entered the procedure of admission to the EU membership, it is necessary on this path to fully comply with the policies and regulations of the Union. Consumer protection has always been an area of great attention, interest and engagement. First of all, of the European Economic Community (EEC) and later its legal successor, the European Union (EU), with the aim of guaranteeing all consumers and users of services in the EU the same protection against risks and threats to their interests, as well as to increase their ability to protect their interests. There are several types of sources of law in the EU legislation, especially the Directives and Recommendations. In this paper, the Directive 2011/83 / EU on consumer rights has been analyzed. Since 2005, all EU directives have maximally protected consumer rights without exception. The importance of implementation of the consumer protection solution envisaged in the EU to the legal system of the Republic of Serbia was presented, too. The relevance and benefits of implementation into national legislation are in particular: better knowledge of consumers’ rights, which are fully informed and educated; consistent implementation of consumer protection regulations implemented by state bodies for protection and efficient out-of-court procedures with low costs; embedding consumers' interests in significant sectoral policies, primarily in the energy, transport and services sector, telecommunications, digital technology, banking, etc. It can be noted that there is significant compliance of Serbian legislation, which protects consumers' rights with EU regulations, however, all changes that are happening in this area in the EU should be followed, and the harmonization of Serbian policies and regulations with them should continue. It is particularly important to consistently apply the regulations to specific life situations in the domain of consumer protection and the construction of mechanisms, as well as the infrastructure for this application.
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Keywords: Conventions; Member states; Community Law; International Law
In this paper the author has dealt with issues relating to legal effect and status of conventions between member states in the Community legal status. The Treaty establishing European Community authorises member states, so far as is necessary, to enter into negotiations with each other with a view to securing for the certain benefits of their nationals. On the basis of the Treaty provisions member states concluded several conventions concerning the abolition of double taxation, the mutual recognition of companies, the retention of legal personality in the event of transfer of their seat from one country to another and the simplification of formalities governing the recognition and enforcement of judgments of courts and of arbitration awards. Conventions concluded in this way are agreements governed by the international law. The Court of Justice considers that the mere fact that the Treaty authorises Member States to cooperate is not enough to justify the view that an agreement concluded for that purpose forms an integral part of Community law whose interpretation falls within the jurisdiction of the Court. However, the conventions between member states are significant for the attainment of the objectives of the E.C. Treaty and, by that reason linked to the Community law. The member states may provide for in the convention itself or a protocol thereto for the Court of Justice to have jurisdiction to interpret its provisions. Such status of conventions concluded between member states determinates their relations with the sources of Community law. They must be in accordance with the E.C. Treaty and the acts of the Community institutions which were adopted pursuant to its provisions.
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