Keywords: the problem of trust
More...Keywords: constitutional assembly; October 5;
Constitutional Assembly in Serbia, five years after Milosevic's regime.
More...Keywords: NATO (Alliance); transformation; Strategic Concepts; new tasks; missions; challenges.
The article describes and analyse transformational processes inside North Atlantic Treaty Organisation (NATO) during his 60 years of existence. During this period of time NATO has survived and adjusted to many historical events in the Europe and the world and faced many securiy challenges and threats. Whenever it‘s the Cold War or post-Cold War period or is it the new millenium challenges. The author focuses his research on the last two periods, respectively, when transformation became urgent due to rise of European security policy, terrorist attacks on the USA and wars against terrorism (Afghanistan and Iraq). In the final and conculuding part of the paper the author has described NATO in his sixties - how he looks today, what are his tasks and missions, how are the relations between allies and what are the challenges that Alliance face in the near future.
More...Keywords: Inheritance Law; Sharia; legal systems; country;
The main objective of the present paper is to point to the distinctiveness of the tolerant Bosnian legal climate in which for centuries different legal solutions originating from different legal systems have been provided. Thus, in Bosnia and Herzegovina one might encounter equal private law institutes relying simultaneously on Roman-Germanic legal solutions as well as on the solutions inherent to the Sharia legal system. With respect to such a tolerant society from the legal point of view, the focus of our study is to analyze the legal status of Muslims in Bosnia and Herzegovina in terms of succession from the Ottoman occupation of medieval Bosnia up to the present days. With regard to the fact that each religious community applies and promotes universal values, Muslims as members of the Islamic community have lived their lives for centuries in accordance with the religious worldviews and universal Islamic values. However, many legislators have shown completely different attitude toward this fact. While some have fully respected the principle of personal validity of norms, the others have totally suppressed every particularity and diversity in the regulation of not only legal relations in respect of succession but of all other social relations and phenomena.
More...Keywords: Labor Law; Federation of Bosnia and Herzegovina; Council Directive; Fixed-term Work;
“U današnjim uslovima tržišnog privređivanja sve češće se sklapaju ugovori o radu na određeno vrijeme. Njihova primjena u praksi je česta, čak i u onim pravnim sistemima koji postavljaju stroge pravne okvire za njihovu primjenu”. Važno je naglasiti da je ovakva pojava u suprotnosti sa savremenim shvaćanjima o socijalnoj sigurnosti radnika, utemeljenim u univerzalnim međunarodnim dokumentima. Međutim, ovaj trend je prisutan u gotovo svim pravnim sistemima unutar Europske unije, a Bosna i Hercegovina u tom pogledu nije izuzetak.
More...Ништави су уговори који су супротни јавном поретку, добрим обичајима и императивним одредбама закона. Круг случајева ништавности није одређен само (на општи начин) правилом о јавно правном поретку и дорбим обичајима.
More...Keywords: legal theory; law; types of rights; rules; abuse of rights;
Legal theories are legal matter that contains less complex legal systems that have the same common goal – and that is an integrated look at a certain legal segment. Also, legal theories offer solutions and answers to the questions and dilemmas from that legal segment through general principles and rules. The theme of this study is just one of the legal theories that involves Islamic law. Therefore, the aim of this paper is to acquaint readers with one of the most important theories which is the theory of law and its abuse. This paper also describes basic principles of this theory in order to understand them in a simple and at the same time and professional manner. Since the issues of rights and freedom are among instinctive human needs, many people are concerned with them. According to Islamic teaching the goal does not justify the means, but rather both goal and the means must be legal. It is quite justified and greatly needed for this theory to be constantly reactivated and elaborated so that people should in smaller proportions violate the rules and principles set by Allah during the consumation of their rights.
More...Keywords: case review; carriage of goods by sea; transport of vehicles; compensation of damage; ferryboat; court's real competence;
A vehicle that is taken aboard a ferryboat on the basis of a ticket issued for the purpose of transportation of the vehicle in question is transported under a contract of carriage of goods (Article 465 to 610 of the Croatian Maritime Code). In that case the vehicle is not regarded as passenger's luggage (Article 611, point 4a of the CroMarCode). The commercial court has the real competence over a dispute aimed at obtaining compensation of damage to a vehicle occurred at the time of its getting aboard a ferryboat.
More...Keywords: Bosnia and Herzegovina; state, aggression; constitution; legality; legitimacy; ethnic civic identity; ethnic group;
The work is scientifically examine the problems encountered by the State of Bosnia and Herzegovina in the (post) Dayton period, such as the weakness of the constitutional order, political arrangement with the existing political practice (which creates social reality postagresionog "damaged in" BiH society). Also, according to how the problems mentioned are not the product of historical development of the BiH multiculturalism, but war aims, expansion projects in and nationalist ideologies, which resulted in a dramatic redistribution of political power in the Dayton constitutional structure. Implanting two-entity structure of Bosnia and Herzegovina, installed is a real entity positions of power, which is often ignored and further invalidates the accepted legal principles and existing constitutional standards. The process invalidate the constitutional norms aims to further mark the lines of ethnic groups and entities, as a form of prevention of all forms of possibilities for revitalization and renovation of real national / state identity, and as a last resort kosenkvenca is intended to decrease the political legitimacy of the state of Bosnia and Herzegovina and maintaining the state of political instability as integral part of the great state projects.
More...Keywords: consumer; protection of collective interests of consumers; administrative procedure; forms of alternative dispute resolution
The paper presents the system for protection of consumers’ collective interests in the Republic of Serbia and its development perspectives. The paper relies on certain results of the research conducted at the Union University School of Law, as well as on specific comparative legal approaches. The Law on Consumer Protection introduced an administrative procedure for collective consumer protection. Contended arguments in favour of that change were efficiency and low costs of administrative procedure. In practice, administrative protection has proven to be more effective than judicial protection, but the effect of deterring traders from actions that violate consumer rights has not been fully achieved. In that sense, the existing system of protection of consumers’ collective interests in Serbia can be improved by modifying certain administrative measures and by introducing specific forms of alternative dispute resolution in Serbian consumer legislation. The novelties brought by the Directive on Representative actions, whose adoption can be expected very soon, have also been presented in the paper.
More...Keywords: labour relation; digital workers; false self-employment; freelancers; platform workers
The use of information and communication technologies in the work process introduced significant innovations, as well as the emergence of new occupations and professions. This digitalisation of work affects the increase of efficiency and easier performance of a number of jobs, but also the precarisation of labour and shifting the focus of employers from employment to other, atypical forms of labour relations. At the same time, employed digital workers exercise some of their labour rights in a specific way. In most cases, digital work implies physical separation from the employer, which raises a number of questions: how to organise working hours, how to supervise the work of digital workers, how they can exercise their collective rights, how the employer can arrange a safe working environment outside its premises, and similar. On the other hand, workers who work outside the employment relationship, among which platform self-employed workers and freelancers stand out, are in a significantly more difficult position when it comes to exercising basic labour rights. The emergence of false self-employment, which is expanding along with the growth of the use of ICT in the work process in various occupations, as well as the virtually unresolved status of the „freelancers“ working exclusively in short-term employment for multiple employers simultaneously or successively, are some of the most pressing problems in modern labour law. The research is focused on the analysis of all these issues; it does not largely deal with the basic clarification of the concepts and development of certain categories of employment - these issues are treated only superficially - but it rather indicates the upgrade of the initial tendencies of changes in the understanding of labour and employment, with particular emphasis on returning to classical form of labour relation, which has been refined and modernised with new elements resulting from the digitalisation of work.
More...Keywords: European Union; EU Directives; transposition of Directives; harmonisation of internal legislation; application of EU legislation; CJEU; candidate countries
The main goal of this paper is examining the manner in which the place and role of Directives is regulated in the legal system of the European Union (EU) in the context of the obligation of their transposition into the internal legal systems of the Member States. The paper discusses the hypothesis that the transposition of directives is not clearly regulated, and in some elements leaves room for different interpretations and implementation, including non - compliance with the norms of the directive. The analysis is based on the content of Article 288 of the Treaty on the Functioning of the European Union (TFEU), as well as other relevant provisions of this Treaty and the Traeaty on European Union. Starting from the specificities of the Directives as sources of law, the key elements important for understanding obligation of their transposition into domestic legal systems are discussed (the concept and meaning of “transposition”, purpose, competence of EU bodies, “result to be achieved”, method of transposition, deadlines for transposition, reporting obligation to the Commission, etc.). The practice of some Member States as well as various theoretical approaches and difficulties in the process of Directives’ transposition are pointed out. The conclusion states that the transposition of directives into internal legal systems is a systemic issue that should be more precisely regulated having in mind several factors (competencies of this organisation, manner of adopting Directives, their implementation and control over compliance, specificities of Member States’ legal systems in which Directives are transposed, etc).
More...Keywords: Yugoslavia; Economy; Motorization; Truck; Tractor; Motorcycle
This article aims to shed light on how the Yugoslav motor industry in the first post-war years sought to overcome the difficulties of mastering the technology of motor vehicle production on a modern industrial basis. During this period, gigantic efforts were made to get the country out of economic backwardness in the shortest possible time. The motor industry had one of the key roles on the path of modernization of the economy, and the state accordingly paid special attention to the construction of factories in this branch of industry. Reliance on pre-war pioneering moves of truck fabrication based on a license purchased in Czechoslovakia was the main capital with which began the process of emancipation of the domestic motor industry. Due to the impossibility to independently solve the issue of construction of all types of motor vehicles, help was sought abroad. Negotiations with the USSR and Hungary were started first, but even before the severance of all relations caused by the conflict between the Yugoslav and Soviet leadership, this attempt to establish cooperation failed. In the following years, after the failure in the East, the state concentrated all its efforts on establishing strong economic ties with the West. Thanks to favorable foreign policy circumstances, the reorientation of state policy had achieved great economic benefits for the further construction of the motor industry. Licenses for the fabrication of the “Ansaldo TCA/60” tractor were purchased, thus resolving the production of all heavy types of vehicles, as well as the production of oil-powered engines. By the early 1950s, cooperation had been established with several renowned companies from Germany, Italy and Switzerland, which provided opportunities for the Yugoslav engine industry to keep pace with the latest technological solutions. However, despite the transfer of technology that played a dominant role in raising the national car and tractor industry, domestic forces played a significant role in the production of the first air-cooled engine, a light wheeled tractor with a gasoline engine and the “Prvenac” truck. The Yugoslav example has shown that reliance on one’s own strength and international cooperation are two inextricably important factors in overcoming all the difficulties that come with the forced industrialization.
More...Keywords: Croatian cultural society; income; self-financing;
This is an original scientific work, a part of a monograph on the Croatian cultural society “Napredak” (Progress) but it deals, only with a segment of the activity of the period 1902-1918. The primary activities were: scholarship grants for their protégé -pupils, students, apprentices in crafts and trade, publishing, buildings, central management every day work, etc.
More...Keywords: European Constitution; Lisbon Treaty; founding values; fundamental rights; democratic legitimacy
This article aims at presenting key elements of the content of the Treaty on the European Union and the Treaty on the Functioning of the European Union after the amendments that were introduced in the Lisbon Treaty of 2009. The presentation of this subject matter is preceded by a brief comment on the failed attempt to adopt the so-called European Constitution at the beginning of the century, and an overview of political backdrop against which the development and adoption of the Lisbon Treaty occurred - i.e. the 'Mandate' and the ratification process. The presentation of the structure and content of the amended Treaty on the European Union and the Treaty on the Functioning of the European Union is then followed by a more detailed presentation of elements of the European Union’s constitutional framework, such as its goals, its legal personality, founding values, fundamental rights, solidarity, as well as the democratic dimension of the Union.
More...Keywords: occupancy right; subject and object of the occupancy right; home ownership; lease on residential space; marriage contract; kinship;
This paper analyses the occupancy right as a special institution of the Sharia property law and the way in which resident relationships are regulated in Sharia law. Also, the paper shows the complexity of mandatory relationships regarding occupancy rights, between the owner of residential space and the holder of the occupancy right as a residential space user. Considering the basis for the occupancy right, it can be established in residential space for a longer or shorter period of time. The paper aims at bringing us closer to the principles and regulations on which the occupancy right is based in Sharia law, as well as how Sharia jurists drew scientific and legal conclusions on the issue of the occupancy right by changing them to mandatory right provisions.
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