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Constitutional Regulations and international Law

Ustavni propisi i međunarodno pravo

Author(s): Momir Milojević / Language(s): Serbian / Issue: Spec ed 2/2008

Keywords: Venice Commission; generally accepted rules of international law; international treaties; constitutionality of international treaties; application of international law; transfer of power.

Summary: In its opinion on the 2006 Constitution of Serbia the Venice Commission stated that many of its provisions are in accordance with European standards, but also that there are some that are not, and that some are unclear. There are also both commendations and objections to provisions regarding international law (articles 16, 167 and 194). The Commission welcomes the facts that the generally accepted rules of international law and international treaties are an integral part of the legal system in Serbia, that they are applied directly and their supremacy. The Commission welcomes direct application of international law and the Constitution but also expresses doubt about enabling the legislator to make legal provisions about certain issues. It is particularly concerned about the provision that international treaties have to be in accordance with the Constitution although it states that many societies with long democratic tradition also give a higher rank to national constitutions with respect to international treaties. The provisions of the Constitution of Serbia on the sources of international law and their application are not in conflict with the doctrine and practice of international law.

Rehabilitation of Political Convicts in Serbia

Rehabilitacija političkih osuđenika u Srbiji

Author(s): Jovica Trkulja / Language(s): Serbian / Issue: 2/2010

Introduction

Uvodnik

Author(s): Author Not Specified / Language(s): Serbian / Issue: 2/2004

Politics faced with the enigma of society

Politika pred zagonetkom društva

Author(s): Tomo Jantol / Language(s): Croatian / Issue: 03/2012

Keywords: Yugoslav socialism; politics; society; civil revolution; socialist revolution

The drama of Yugoslav socialism had begun long before its final collapse, only a few years after its coming to power. It had been announced by social events which the ruling politics neither expected nor could explain; events which at first were manifested in various forms of self-willed conduct of those employed in economy, and later in increasingly pervasive and complex disturbances in the system of material reproduction and other spheres of social life. Those events faced the ruling politics with the enigma of society that posed a serious challenge to the existing model of etatist economy and monopoly power of the Party. In this article, the author focuses precisely on the above- mentioned problem, i.e. on the relation of the ruling politics of socialism towards the social world of life (society): what did it do in order to regain mastery over the social events which gradually eluded its control, and what is the significance of the methods and procedure which it applied to that effect? All that the ruling politics of Yugoslav socialism was faced with and all it resorted to is observed by the author merely as a special case of socialism in general.

Rehabilitation of Political Convicts in Serbia (5)

Rehabilitacija političkih osuđenika u Srbiji (5)

Author(s): Jovica Trkulja / Language(s): Serbian / Issue: 4/2009

Escape from Socialist Yugoslavia ‒ Illegal Emigration from Croatia from 1945 to the Beginning of the 1960s

Bijeg iz socijalističke Jugoslavije – ilegalna emigracija iz Hrvatske od 1945. do početka šezdesetih godina 20. stoljeća

Author(s): Tatjana Šarić / Language(s): Croatian / Issue: 2/2015

Keywords: socialism; FRY; Croatia; emigration; illegal emigration; youth

In the post-war socialist Yugoslavia political and/or economic situation has become unacceptable for part of the population. Since legal emigration from Croatia was not allowed, the number of illegal immigrants increased since the end of World War II. The article deals with this group of migrants using the comparative analysis of original archival materials and available literature in the period from 1945 to 1961 when the state began to gradually open the border. Mostly young people, under 25 years of age, immigrated illegally, mainly for economic reasons, and this was associated with a tradition of emigration, especially in the coastal region. In addition to the poor economic situation, people also emigrated for political reasons, then for adventure, to avoid serving in the Yugoslav People’s Army or to escape from the law for committing criminal offenses. They were fleeing by land or by sea, which was much more successful. Usually the first destinations of the immigrants were Italy, Austria and Germany, from where the majority of them moved to overseas countries. Most people fled the districts of Rijeka, Pula, Zagreb, Zadar, Šibenik and Split that existed at that time so that 74% of all illegal immigrants came from them. The runaways were mostly workers, followed by farmers, vocational school students, public servants, pupils and students, sailors and craftsmen. According to gender, there were many more men than women among the runaways, most of whom were unmarried. The authorities were trying to prevent the escape abroad by methods of controlling the border and prison sentences, but also by the attempts to ensure better living conditions in the affected areas. As these measures had not yielded the desired results, but also due to the beginning of the economic crisis and the appearance of unemployment, the authorities liberalized emigration procedures and opened the borders to immigrants which resulted in a new wave of economic emigration.

The term nevestnina – A contribution to the terminology of matrimonial gift giving

Pojam "nevestnine" – prilog terminologiji bračnih davanja

Author(s): Vojislav Stanimirović / Language(s): Serbian / Issue: 1/2006

Keywords: bridal gifts; nevestnina; brideprice; bridewealth; price for a girl; farewell gift; mehr;

This essay attempts to bring more order to terminology of matrimonial gift giving – the ever more complicated area in the past couple of decades. Furthermore, it reaffirms the idea of the evolution of matrimonial gift giving, and after many decades in which historians of law and ethnologists focused their research on particularities of matrimonial gift giving in certain cultures and epochs, points out the need of their systematization. Connecting history of law with ethnology, the author offers more precise references of the term brideprice, giving it back its usability, linking it with all the matrimonial gift givings the groom’s side presents to the bride’s father who possesses the exclusive authority to handle it as he pleases. On the other hand, the paper emphasizes the unjust disregard and neglect of another type of matrimonial gift giving in science, or perhaps its erroneous definitions by some authors. Namely, all those matrimonial gift giving from the groom’s side directly or indirectly intended for the girl herself. Girl’s father no longer controls the matrimonial gift giving and he bestows most or all of it to the girl on the wedding. It is what girl brings into marriage under the veil of trousseau, and later partially of dowry. Later on, these symbolic matrimonial gift givings were no longer given to girl’s father not even symbolically, but rather went straight into her hands. These new matrimonial gift givings can no longer be assigned to a category of buying the bride, while the term indirect dowry proposed by Goody is inappropriate for it creates a false picture of these matrimonial gift givings. That is why, in the absence of an appropriate name, the author took the liberty of coining the term nevestnina to cover both aspects of these matrimonial gift-giving. The term bridewealth used in the English speaking areas to replace the politically incorrect term brideprice is proper for the term nevestnina. For the later variation of this matrimonial gift-giving author suggested the expression farewell gift. The author illustrated the evolution of this matrimonial offering by Arabic mehr. It is by this example that the importance of theoretical framework of any matrimonial gift-giving analysis is pointed out, because mehr had three forms throughout its history keeping its name in the process. In addition, the necessity of an extensive cooperation between ethnology and history of law is also underlined, for only by exchange and synchronization of the results achieved, by respecting both views of the history of marriage more quality abstractions can be done, so a more gradual and a more precise picture of the evolution of matrimonial gift-giving can be presented.

Stabilization And Association Agreements Before The European Court Of Justice

Sporazum o stabilizaciji i pridruživanju pred Evropskim sudom pravde

Author(s): Mirjana B. Glintić / Language(s): Serbian / Issue: 3/2013

Keywords: Stabilization and Association Agreement; direct effect; bilateral agreement; mixed agreement; European Court of Justice;

The author analyses legal status and interpretation of the Stabilization and Association agreements in the European Union legal order and in the legal order of the non- member countries that have expressed a wish to join EU. The author then sets the question, whether this kind of agreements possesses direct effect. The answer to this question is supposed to be given by the European Court of Justice. But due to the lack of practice in this field, one has to take into consideration the cases before ECJ and its opinions concerning direct effects of Association agreements since the certain resemblances exist between these two types of agreements. The paper has three parts plus introduction and conclusion. The first part describes main characteristics of the Stabilization and Association Agreements; the second part analyses the similarities with the Association Agreements, while the third part presents the cases before ECJ, in which the Court examined the direct effect of the Association Agreements.

The Unification of the Rules of the International Private Law in the EU

Neki aspekti položaja privatnog prava EU u dosadašnjem razvoju komunitarnog prava

Author(s): Božidar Jeličić / Language(s): Serbian / Issue: 2/2011

Keywords: Private Law of the EU; sources of EU Private Law; the legal basis of the Private Law of the EU; formal sources of the Private Law of the EU; communitization of EU Private Law;

The unification of the rules of the International Private Law in the EU/EC (EU hereinafter), represents one of the important prerequisites for the successful realisation of the EU member states’ established goals of integration. That is why this matter was given due attention from the very beginning of the integration process. However, the achieved results in this field open many questions, which range from the dilemma whether more could have been accomplished, to whether it could have been accomplished more quickly and with bigger steps. One of the models for looking for the answer, to this and many other questions, might also be found in the locating of the EU Private Law in the total developmental process of the EU Law. It is a fact that EU’s International Private Law, shared and shares the destiny of the total development of the EU Law, but it is equally plausible that there are also certain developmental distinctions between them. The sensitivity and the complexity of the subject, interference with state sovereignity, had simply imposed „caution“ on member states in approaching this matter. The consequence of which were also the two phases of the process of regulating the matter of EU’s Private Law – until and after the Amsterdam agreement. Of course, the Amsterdam agreement, represented a turning point in its regulation by creating the conditions to transfer it to the terrain of the secondary law of the EU, but did not signify the resolution of all issues at question. It was only one of the important steps toward a more efficient regulation of this matter, while the essential problems remained, concerning, primarily, the readiness of the EU member states to confront the limitation to their sovereignity to the advantage of the EU.

ABOUT THE STATE OF HARMONIZATION OF CONTRACT LAW IN EUROPEAN UNION

О СТАЊУ ХАРМОНИЗАЦИЈЕ УГОВОРНОГ ПРАВА У ЕВРОПСКОЈ УНИЈИ

Author(s): Atilla Fenyves / Language(s): Serbian / Issue: 3-4/2003

Политичке и пивредне уније често постају и грађанско правне заједнице. То не представља обавезан развој ситуације, али је и чест случај, као што се то може видети на примеру Француксе...

WORKERS’ STRIKES IN BOSNIA AND HERZEGOVINA FROM 1919 TO 1920

ŠTRAJKOVI RADNIKA U BOSNI I HERCEGOVINI 1919—1920

Author(s): Ahmed Hadžirović / Language(s): Bosnian / Issue: 8/1972

Keywords: Workers' strikes; 1919-1920; Labor relations;

The time from the unification of the country to the end of 1920 represents a period, a stage of the latest history of the Yugoslav peoples. New power organs were established and stabilized in that period, uniform political and other organizations were formed for the whole country, and the revolutionizing of the progressive forces had its culmination. Uniform political organizations of the working class were also founded: The Communist Party of Yugoslavia and the United revolutionary Trade Unions. At the same time the period from April 1919 to the end of December 1920 is the time of legal activities of those organizations, and that is one of the reasons that this period is taken as a separate unit in the division of the history of Yugoslavia into periods. The majority of the Yugoslav proletariat, animated by the unification of the country and influenced by the revolutionary movements in Europe and in the world, in the very first days of establishing of the United Trade Unions and of political party of the working class, joined the former or the latter, so that those organizations had permanent success both as regards the number of the members and even more as regards the economic state owing to the successful strikes and tariff actions.

China and non-alignment

Kina i nesvrstanost

Author(s): Ranko Petković / Language(s): Serbian / Issue: 04/1978

Keywords: China; non-alignment;

Stav Narodne Republike Kine prema nesvrstanosti je oštro oscilirao od apsolutne negacije i pokušaja uspostavljanja jednog alternativnog pokreta zemalja trećeg sveta koji bi »zamenio« nesvrstanost do pružanja gotovo bezrezervne podrške pokretu nesvrstanosti upravo u ovim danima.

UNRESTRICTED INTERPRETATION OF GERMAN CIVIL LAW DURING THE NATIONAL SOCIALISM PERIOD

NEOGRANIČENO TUMAČENJE NEMAČKOG GRAĐANSKOG PRAVA U VREME NACIONALSOCIJALIZMA

Author(s): Slavko Đorđević,Štefan Pirner / Language(s): Serbian / Issue: 2/2019

Keywords: National Socialism; Unrestricted interpretation of law; Undetermined legal notions and legal principles; Nazification of German civil law; Denazification of German law.

When the Nazis came to power in 1933, they began to rebuild the German legal system in accordance with the National Socialism ideology. Considering it was impossible to complete this task “overnight”, the Nazi legal theory established the view that all acts and statutes enacted prior to 1933 must be interpreted in the interest of National Socialism. In this paper the authors analyse the theoretical foundations of such interpretation, which was marked as “unrestricted interpretation of law” in post-war legal theory, focusing on its role in the process of Nazification of German civil law that was actively practiced by German courts. The authors also briefly analyse the post-war process of “denazification” of the laws enacted during the Nazi era, which was also performed by the mean of legal interpretation, but this time with the aim of eliminating the Nazi ideology from legal rules.

BRITISH VIEWS ON YUGOSLAVIA AFTER 1948

BRITANSKI POGLED NA JUGOSLAVIJU POSLE 1948.

Author(s): Čedomir Štrbac / Language(s): Serbian / Issue: 2/1987

Keywords: Yugoslavia; postwar period; 1948; British views; foreign policy; communism;

Основой данной научной работы являются исследования части архивного материала Форин Оффиса, которая содержит более полный и аналитический подход к отдельным ключевым моментам в новейшей истории Югославии, в ее отношениях к внешнему миру, в развитии британско-югославских отношений в периоде после 1948 года, а также в периоде сопротивления Югославии политике Сталина и Информбюро до 1955 года. Автор подчеркивает, что уже первые более подробные британские дипломатические сообщения из Белграда отличаются замечательными наблюдениями и невероятно реальной оценкой значения данных событий, а также предусмотром их исторических последствий. Уже в начале 1949 года дается оценка, что 1948 год может оказаться „а turning-point not only in the history of Yugoslavia, but also in the history of the Communist movement as a whole.” Данные оценки свидетельствуют об особенном и постоянном интересе Британии к событиям, происходящим в Югославии, что потверждают дипломатические сообщения, рассматриваемые автором: о трудностях, вызванных политикой Информбюро, об экономических проблемах, проблемах пропитания населения во время больших засух:, состоянии армии и обороны, политических переменах, Шестом съезде КПЮ, о визите Идна Белграду и Тито Великобритании и т. д. На данных оценках базируется и политика (Великобритании и Запада) к Югославии - от начальной „to keep the Tito regime afloat” до реалистического принятия возможности сосуществования и сотрудничества „между западными демократиями и коммунизмом” , как это подчеркивалось во время нанесения визита Титом Великобритании в 1953 году.

All my battles

Sve moje bitke

Author(s): Velimir Visković,Slobodan Šnajder / Language(s): Croatian / Issue: 01+06/2021

Keywords: Velimir Visković; Slobodan Šnajder; Drama literature; Dino Radojević; Journal Prolog;

Velimir Visković's interview with Slobodan Šnajder.

ESTABLISHMENT AND START OF OPERATION OF THE FIRST WOOD PROCESSING INDUSTRY IN ZAVIDOVIĆI

OSNIVANJE I POČETAK RADA PRVE INDUSTRIJE ZA PRERADU DRVETA U ZAVIDOVIĆIMA

Author(s): Branislav Begović / Language(s): Bosnian / Issue: 14-15/1978

Keywords: forest industrial enterprise; Bosnian Forest Industry;

Der Autor stellt auf Grund der in Archiven verfügbaren Unterlagen die bisher unbekannte Tatsache fest, daß noch vor der Gründung des forstindustriellen Betriebes G. Gregersen & Söhne und der Firma Bosnische Forstindustrie Eisler & Ortlieb in Zavidovići und vor dem Abschluß eines langfristigen Vertrages zwischen diesen Firmen zur Exploatation von Nadelwäldern ein Dampf Sägewerk der Triester Firma Morpurgo & Parente in Zavidovići errichtet worden und seit 1897 im Betrieb war. In diesem Sägewerk wurde Eichenholz verarbeitet, das im Waldgebiet von Gostović gewonnen wurde. Dieses Sägewerk kaufte im Jahre die Firma Gregersen & Söhne von der Firma Morpurgo & Parente und setzte in ihm die Arbeit an der industriellen Holzverarbeitung fort. Dadurch läßt sich die im Volke überlieferte und besondere Bezeichnung der Firma Gregersen & Söhne als »altes Sägewerk« und die der Firma Bosnische Forstindustrie Eisler & Ortlieb als »neue Firma« erklären. Damit ist endlich auch die Wahrheit festgestellt und dem Dilemma um den Zeitpunkt der Errichtung und des Arbeitsbeginns der holzverarbeitenden Industrie in Zavidovići ein Ende bereitet.

REORGANIZATION AS A BUSINESS PHILOSOPHY

REORGANIZATION AS A BUSINESS PHILOSOPHY

Author(s): Isidora Milošević,Marija Bajčetić / Language(s): English / Issue: 3/2022

Keywords: reorganization; bankruptcy; plan; economy; subject

The most common problems faced by business societies are the inability to pay or carry out the obligations to third parties, i.e. their creditors. When an economic entity is unable to settle its obligations, creditors and third parties cannot regularly collect their receivables and then bankruptcy occurs.Changes in business conditions in the world, especially if business conditions deteriorate, will raise the issue of opening and efficiency of bankruptcy proceedings. The condition for initiating a pre-bankruptcy proceedings is insolvency, where, as a rule, debts are greater than the value of the debtor’s assets. Today, the economic entity, in accordance with the provisions of the applicable Law on business societies, is responsible for all its obligations with its assets. So, when it becomes unable to pay, it has mainly two alternatives, bankruptcy or possibly, the possibility of reorganization if its creditors deem it to be more expedient. The aim of bankruptcy is to remove those economic entities which do not achieve even the minimum of profitability doing their business and which are incapable of normal work and business. The overhaul of the bankruptcy debtor is a newer institute of our bankruptcy law. It includes the transformation of debtors at several levels such as legal-organizational, management and financial. The Institute of Restructuring is based on the debtor’s contract with creditors, giving him/her an opportunity to recover economically and avoid bankruptcy, i.e. deletion from the registry of legal entities, and it enables more favourable settlement of receivables.

Polydor Limited and RSO Records Inc. v. Harlequin Records Shops Limited and Simons Records Limited - Case 270/80

POLYDOR LIMITED AND RSO RECORDS INC. PROTIV HARLEQUIN RECORDS SHOPS LIMITED AND SIMONS RECORDS LIMITED. PREDMET 270/80, PRESUDA SUDA OD OD 9. FEBRUARA 1982.

Author(s): Aleksandar Zavišić / Language(s): Serbian / Issue: 2-3/2004

THE SECOND PILLAR IN THE NICE TREATY

DRUGI STUB EVROPSKE UNIJE U UGOVORU IZ NICE

Author(s): Milutin Janjević / Language(s): Serbian / Issue: 2-3/2002

Keywords: Nice Treaty; common foreign and security policy; amendments; transfer of WEU capacities onto the European Union; relations between the WEU with the European Union and between the European Union with N

The Nice Treaty introduced a number of institutional changes, necessary for the enlargement of the European Union, while other issues were discussed on the fringes of the Conference. The strengthening of European security and defense is in close correlation with the transfer of WEU capacities onto the European Union. Bearing in mind that the process may have for the relations between the European Union and NATO, there arose a need to re-define their relations. The current process amounts to the creation of new European defense architecture, based on ′rival complementariness′ of NATO and the European Union, so that it is necessary to regulate the WEU position clearly.

REVIEW OF ′THE EVOLUTION OF THE SECOND AND THE THIRD PILLAR COOPERATION′ IN THE EU

OSVRT NA 'EVOLUCIJU DRUGOG I TREĆEG STUBA SARADNJE' EVROPSKE UNIJE

Author(s): Duško Lopandić / Language(s): Serbian / Issue: 1/2001

Keywords: second pillar; third pillar; cooperation; EU; Conference on the Future of Europe

With this brief overview, we have tried to indicate that the second and third pillar of cooperation are undergoing the most dynamic changes in the context of constant changes in the legal system. Almost after every meeting of European Council, i.e., at least once a year, there are new reforms in practice. Seen from the point of view of the coherence of the overall EU legal system, there is a trend towards approaching the methods in the second and third pillar of cooperation the procedures of the first pillar of cooperation. However, for now one cannot speak of equalization between the first, second and third pillar. If the third pillar of cooperation is analysed more closely, it can even be concluded that it is a specific legal system, which is somewhere halfway between the EC procedures and classic intergovernmental cooperation. Thus, regardless of the various proclamations about simplifying the system, the EU is becoming an increasingly complex organization ('Schengen', the possibility of 'flexibility', exceptions from Chapter IV regarding the jurisdiction of the Court, etc.). It can be said that it is an objective trend, caused by the objective size and complexity of the organization. It remains to be seen to what extent this trend will be deepened or continued in the future changes prepared by the Conference on the Future of Europe, as well as in the framework of the EU enlargement procedure.