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This article provides a brief critical assessment of the European Commission’s January 2019 “Report on Investor Citizenship and Residence Schemes in the European Union”. Since it is the first detailed document by the Commission outlining this institution’s position on the matters of investment residence and citizenship, and given the Commission’s recently articulated intentions to take Cyprus and Malta to Court over their investment migration law and practice, the Report in question is of paramount importance. The document sets the legal-political context of the regulation of the migration of wealthy third-country nationals in Europe. It is also deeply flawed. Rather that summarising the document, this article focuses on five core deficiencies of the Commission’s embarrassing product and demonstrates how the Commission failed to get the EU’s ownlaw right, in addition to showing a poor understanding of international law on the matter. Ripe with nationalist assumptions not rooted in the Treaties or the secondary law of the Union and showcasing a timid, convoluted and in consistent analysis of the issues it purports to address, the Report has unsurprisingly failed to change the landscape of regulation in the field of investment citizenship and residence in the EU or anywhere else in the world. What it did make clear, however, was that the mere political suspicion of a particular type of naturalisation is enough for the European Commission to set aside the law and misin form the public, under lyingonce again the problematic tension between the growing political nature of this institution and its key task as guardian of the Treaties. There is a burning need for the Commission to take a more careful, coherent and informed approach to its actions, an approach indispensable for the preservation of the rule of law in the Union.
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This thesis is a critical analysis of the constitutional and legal order of the Republic of North Macedonia, following the chronological process dating from the gaining of the county’s independence, through the armed conflict in 2001 that brought constitutional changes, to today. The first decade after the breakup of Yugoslavia was crucial for the North Macedonian state and its citizens. The writing/creation of the constitution of the new, independent state was not an easy process and it did not pass peacefully nor did it pass without any problems. The complex social process and relations have initiated the need for amendments to the Constitution, which, since its adoption in 1991 until today, has been changed 32 times in order to adapt to new, emerging situations and to give constitutional and legal responses to the inherent challenges. Of course, proper changes also occurred in the political system itself as a result of numerous factors, which have more or less influenced its character and shape.
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Lisabonskim Ugovorom, koji je stupio na snagu 1. decembra 2009. godine, učinjene su značajne promene u formalnoj institucionalnoj strukturi Evropske unije. Naime, već postojeći sistem sačinjen od tri stuba je ukinut i izvršene određene promene koje se odnose na formalne institucije Unije pre svega uvrštenjem Evropske centralne banke i Saveta u red glavnih organa, uvođenjem funkcije Visokog predstavnika za spoljnu politiku, ali i mogućnost da se na osnovu Ugovora uspostave i druge institucije. I danas, deset godina nakon usvajanja Lisabonskog ugovora, praćena stalnim procesima reformi u izvesnom smislu uslovnjena krizama regionlanog i globalnog karaktera Evropska unija ostaje organisacija „sui generis“ sa tendencijom konstituisanja sopstvenog suvereniteta u onom obimu koji je potreban da bi u institucionalnom i operativnom smuslu bila funkcioanlna.
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This paper discusses and develops the prospects of quantum finance from a Bohmian point of view. Discussed is an ontological interpretation of quantum theory, and such ontology is extended to include economics and finance. At first, we discuss the more general relevance of quantum theory to economics and finance. The basic assumption is that because Bohm’s interpretation of quantum theory emphasizes the role of wholeness, it might be relevant to economics and finance, where fragmentation is a major characteristic of these domains. We then discuss the role of financial information in economic and finance, and consider specific connections with quantum theory in this field. In particular, we apply David Bohm’s notion of active information, which arises in his ontological interpretation of quantum theory. It is here suggested, also by expanding Shannon’s theory, that active information can play a fundamental business role as the bridge between economic theory and financial practice. Some such bridge is needed if we are to understand how subtle financial properties are able to influence more manifest business properties in companies (all the way to microeconmics and potentially at deeper business levels), and how changes in those possibly quantum‐level business processes are able to influence higher financial planning functions. We also consider the implications of the notion of active information for financial derivatives. The potentialities of implementing the Bohmian scheme in quantum finance and connections with other laws are then briefly considered. Finally, we draw conclusions on interconnectedness between wholeness and implicate order and activation of financial information.
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The process of creation, development, adoption and enforcement of public policy presents an exceptionally challenging issue for several reasons. First of all, public policies are used to identify and resolve certain social problems and social issues, them being their primary aim. Furthermore, public policy articulates the aims of governing political subject, through which they strive to realize their programs. And finally, public policy satisfies certain needs of citizens and business community. It is therefore very difficult to achieve the full correlation of these three goals while simultaneously fulfill all genuine needs of society and ideological and political goals of governing elites. Something like this presents a challenge in the complex societies of post-conflict and countries of post-socialist transition, as Western Balkans countries are considered to be. Namely, for many decades such environments had a narrowly set and monolithic approach to the projection of public policy, though the concept of their strategic planning was radically revised a decade ago and entered into a completely different qualitative and quantitative phase.The subject of this paper is the Analysis of the alignment of public policies development in the Western Balkan countires with the European Union standards. The paper will envelop a brief review of public policy adoption process in Bosnia and Herzegovina, Serbia, Montenegro, North Macedonia and Albania. The pillar in the presentation of the said countries constitutesthe existing criteria and tools which were projected and evaluated by SIGMA-OECD organization, with the aim to converge public administrations of Western Balkans countries with European administrative region. The paper uses the methods of legal exegesis, content analysis, comparative methods, principles and indicators of SIGMA-OECD, and provides an empirical review of the assessment of the situation conducted on the given thematic by the said organization.
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Živojin Perić’s work on codifying the civil code was analyzed through four questions. 1) Participation in the work of the body for drafting the Civil Code and its work on the text of the Code. 2) Perić’s opinion on the codification method that was applied. 3) Perić’s opinion on the legal terminology in the 1934 Draft Civil Code for the Kingdom of Yugoslavia. 4) Perić wrote the explanation (motives) 1–319. paragraph of the Draft Civil Code, which was officially published by the Ministry of Justice in 1939.
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The topic of this article is the contract of lemšat (Lehenschaft) in Serbian medieval mining law. The author discusses the details of this legal and social institution in medieval Serbia by answering the following two questions: What was the scale of transplantation of Saxon law, i.e., how original were the Serbian rules? Who were the lenhavars – the contractors in a special type of lemšat? The results of the investigation show that Serbian lemšat was a contract of the temporary lease of a share in a mining partnership and that the lenhavars were qualified miners, whose employment was occasionally necessary. The results also show that Serbian medieval mining law contained numerous original legal solutions. The applied methods are linguistic, systemic and historical interpretation of the Mining Code of Despot Stefan, as well as the comparative method.
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This paper deals with legality of the currency clause in light of the Law on Conversion of Housing Loans Indexed in Swiss Francs. The first part analyses characteristics of the currency clause, in order to explain effects of its possible illegality on validity of the loan agreement. The author emphasizes inconsistency in the way Serbian courts approach this issue and suggests arguments for treating the loan agreement as being only partially invalid. The second part presents different opinions regarding legality of the Swiss francs currency clause, which is generally treated as an invalid contract term in judicial practice. Thereafter, solutions to the problem of Swiss francs in the Law are examined. It is concluded that conversion is not possible if the original loan agreement was invalid due to an illegal currency clause. Consequently, illegality of the currency clause remains open after entry into force of the said Law.
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Serbian Succession Act provides that the position of a caregiver in a life care contract may be inherited only by their descendants and spouse. If other persons succeed the caregiver, or if descendants or spouse refuse to provide care, the contract is rescinded by operation of law. The right to compensation for received care is provided only if descendants or spouse have a justified reason for refusing to provide care. This article contains a critical analysis of this solution. The author shows that the restriction of heritability is too narrow, that the issue of compensation is inadequately resolved, and that the interests of care recipient are endangered because they cannot influence the fate of the contract. The author proposes a solution of unlimited heritability with the right of both parties to rescind the contract. The reasons for rescission would be taken into account when the issue of compensation is decided.
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Popovic, Dejan. 2020. Unification of tax law in the first Yugoslav state. Belgrade: Faculty of Law University of Belgrade, 279.
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Fielding, Steven, Bill Schwartz, Richard Toye. 2020. The Churchill Myths. Oxford: Oxford University Press, 208.
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The present study aims to analyze through legal arguments the efficiency of the child's word according to the legal framework of Romanian civil law. Listening to the child does not make of him a part of the process. This procedure is a simple judicial measure: the child's choices are not mandatory for the judge. The procedure of listening to the child reflects the expression of his personal, direct and concrete interest, patrimonial or non patrimonial, which may concern the exercise of parental authority in the divorce procedure or, in general, the disagreements between parents regarding the education of the child or other litigations concerning the child during the forced execution.
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The article sets out the characteristic elements that define the criminal liability of the bailiff, emphasizing the typology of the crimes that can have as active subject this professional category, with the indication of the relevant case law of the practice of the courts of Romania and of the court of constitutional litigation. Within the preamble of the study we discuss about the general activity framework of the bailiffs, with reference to the special law (Law no. 188/2000) and the infralegal legal norms of the regulation for the implementation of the law and the statute of the profession and the deontological code, are reviewed in the preamble of the study. At the same time, the main forms of the illicit from the legal responsibility of the bailiffs are reviewed, starting from the civil (material) liability, continuing with the administrative (disciplinary) responsibility and ending with the most serious form of criminal liability. In the development of the subject regarding the facts in the field of criminal liability, the types of offenses that the bailiffs can commit are approached triotomically: firstly, the offenses that have a direct connection with the professional activity of these legal subjects, such as offenses against the patrimony. by disregard of trust, offenses of destruction and disorder of possession, offenses against the execution of justice, offenses of corruption and service, offenses of forgery in the documents; secondly, the economic crimes that can be committed by any entity that carries out activities in the commercial circuit and which must be subject to fiscal legislation (tax evasion, money laundering); thirdly, offenses that are not related to the conduct of professional activities and which do not impose any special quality on the active subject in order to achieve the conditions of objective typicality.
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A brief progressive presentation of forced execution law in Russia, starting from the origins of the bailiff profession and ending with a brief presentation of the current situation of bailiff profession and forced execution procedures in the Russian Federation.
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The unipersonal action of the judge, as a subject of the enforcement procedure, is one of the tendencies of legal regulation developed by the legislator. Although the law, generally admits the judges' unipersonal solution, of all the issues related to forced execution, balancing the aspect of celerity and simplification in relation to the observance of all procedural guarantees for the subject, inherent in a fair trial, is more important. In this respect, the judges' action, as a subject of the enforcement procedure, will have to be predictably regulated, in order to eliminate the potential cases of violation of the subjective rights of the subjects involved.
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