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U toku revizije Zakona o Visokom sudskom i tužilačkom vijeću BiH (u daljem tekstu: Zakon o VSTV-u BiH), Vijeće se rukovodilo najvišim međunarodnim standardima iz različitih međunarodnih instrumenata, od kojih su neki obavezujući za Bosnu i Hercegovinu. Slijedi kratak pregled osnovnih podataka i značaja dokumenata u kojima su utvrđeni različiti relevantni standardi koji su uzeti u obzir u procesu revizije.
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The adequate system of judicial appointments is one of the most important institutional guarantee of the real and personal independence of judiciary. In the first part of the article, the author briefly describes the main models of judicial appointments in comparative law. A lot of European states have introduced a special body (judicial council) with a competence to elect judges or to propose judicial candidates appointed by other organs (i. e. Parliament). However, there is no single non-political model of judicial appointments which could perfectly comply with the principle of the independence of judiciary, on the one hand, and the principle of the responsibility of judiciary, on the other. In the second part, the author analizes the most important features of the systems of judicial appointments in the states of the Region (the former Yugoslav republics). In all of them (except Slovenia), judicial councils elect judges. Those bodies consist of judicial and non-judical members. However, the judical element prevails. In almost all of them, there have been constitutional changes in the last few years whith a same goal to make a system of judicial appointments more objective. In the third part, the author, firstly, analizes the main characteristics of the system of judicial appointments under the Constitution of Serbia of 1990. The election of judges by the Parliament was the model with a lot of objections. The High Council of Judiciary was introduced in 2001 by the law not by the Constitution. The Constitution of Serbia of 2006 has made two important changes in the election of judiciary. Firstly, the Constitution has introduced the probationary period (three years) for a person who is elected a judge for the first time. Secondly, the Constitution constitutes The High Judicial Council as „an independent and autonomous body which shall provide for and guarantee independence and autonomy of courts and judges“. The author emphasizes the bad constitutional solutions from the inadequate definition of the principle of the separation of powers to the competences and the composition of the High Judicial Council.
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Razlozi za donošenje Zakona o izmjenama i dopunama Zakona o prebivalištu i boravištu državljana BiH, kako stoji u Obrazloženju uz Prijedlog, zasnivali su se na stvarnim potrebama proizašlim iz praktične primjene propisa vezanih za elektronski potpis, te u potrebi poboljšanja zakonskog teksta, preciziranjem uslova za prijavu i odjavu prebivališta i boravišta, u cilju sprečavanja zloupotreba ovog instituta. Izmjenama i dopunama Zakona o prebivalištu i boravištu inovira se način prijave i odjave prebivališta, tako što će bosanskohercegovački državljani moći prijaviti, odnosno odjaviti prebivalište ili boravište elektronskim putem kod nadležnih tijela, i to sigurnim elektronskim potpisom ovjerenim kvalificiranom potvrdom. Poteškoće će svakako pričinjavati činjenica da elektronski potpis još uvijek nije zaživio u praktičnoj primjeni. Prijedlogom Zakona se preciziraju uslovi za prijavu i odjavu prebivališta radi unapređenja sigurnosti osobnih dokumenata. Tako će bh. državljani prilikom prijave prebivališta morati priložiti zakonom određene dokaze da imaju valjan osnov za prebivalište na adresi na kojoj se prijavljuju. Upravo je ova dopuna Zakona izazvala brojne reakcije, posebno povratničke populacije čiji predstavnici smatraju da će ovakvim dopunama Zakona, povratak biti otežan te da one u svojoj suštini imaju za cilj brisanje širokog kruga građana BiH iz evidencije za koju se vezuju brojna druga prava, od kojih je najbitnije pravo glasa. Međutim, ovim izmjenama se prava na olakšane prijave prebivališta povratnika i raseljenih lica na njihova prijeratna mjesta stanovanja, nisu dirala. Dakle, odredbe o postupku olakšanog prijavljivanja prebivališta (na prijeratnoj adresi povratnika) ostaju i dalje na snazi, tako da uz adekvatnu primjenu Zakona lišenu bilo kakvih zloupotreba i pogrešnog tumačenja, povratnička prava u ovoj oblasti neće biti ugrožena. Također, utvrđuje se obaveza nadležnih organa da u roku od pet godina za svakog državljanina izvrše provjeru ispunjenosti uslova, za što će se koristiti digitalno popisani podaci iz evidencija organa nadležnih za vođenje evidencija. Predloženim izmjenama skraćen je period boravka u inozemstvu za koji se veže obaveza odjave prebivališta i prijave boravka sa jedne godine na tri mjeseca. Iz svega navedenog, nije najjasnije koji su bili stvarni razlozi zbog kojih su delegati u Domu naroda PS BiH smatrali potrebnim pokretanje postupka zaštite vitalnog nacionalnog interesa bošnjačkog naroda. Činjenica je da nisu bili ispunjeni uslovi razmatranja ovog Prijedloga zakona po hitnom postupku, ali to nije mogao biti razlog pokretanja postupka zaštite vitalnog nacionalnog interesa, što je Ustavni sud BiH svojom Odlukom36 i utvrdio. Nakon ovakve odluke Ustavnog suda BiH, a kako su delegati bošnjačkog naroda i najavili, ponovo je pokrenut mehanizam zaštite vitalnog nacionalnog interesa bošnjačkog naroda u odnosu na sadržaj Prijedloga. Razlog pokretanja, po njihovom mišljenju, leži u činjenici da bi rješenja sadržana u ovom Prijedlogu mogla rezultirati poništavanjem prebivališta povratnicima, koji su u najvećoj mjeri iz bošnjačkog naroda. Poteškoće u primjeni ovih novina bi se svakako javile jer još uvijek nisu doneseni potrebni podzakonski akti koji bi omogućili primjenu Zakona o elektronskom potpisu i time stvorili pretpostavke za primjenu i ovih predloženih izmjena Zakona o prebivalištu i boravištu. Ali, u slučaju pravilne primjene predloženog Zakona o izmjenama i dopunama Zakona o prebivalištu i boravištu, unaprijedio bi se sistem evidencija prebivališta i boravišta državljana BiH.
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Analysis of the proposed amendments and the events that followed the submission of all proposals shows that there are very serious tendency for changes to the Law that favor the political elite and to insist on them regardless the fact that they violate proper procedures and rules. Changes of the most important provisions of the Law question the purpose and objective of the Law and the principles embodied in the Law. The adoption of the proposed amendments would provide additional arbitrariness of the political elites and the devastation of the state budget. Omitting the term "close relative" and changing the sanctions provided for offender of provisions of the Law would allow direct contracts with companies owned by close relatives of officials and heads of executive functions, and modifications of the Law on increase the cash value of the contract threshold, the huge amounts of state money would go into private safe of powerful politicians.
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This modern translation of all the surviving literary compositions ascribed to Liudprand, the bishop of Cremona from 962 to 972, offers unrivaled insight into society and culture in western Europe during the "iron century". Since Liudprand enjoyed the favor of the Saxon Roman emperor Otto the Great, and traveled to Constantinople more than once on official business, his narratives also reveal European attitudes toward the Byzantine Empire and the culture of its refined capital city. No other tenth-century writer had such privileged access to the high spheres of power, or such acerbic wit and willingness to articulate critiques of the doings of powerful people. Liudprand's historical texts (the Antapodosis on European events in the first half of the 900s, and his Historia Ottonison the rise to power of Otto the Great) provide a unique view of the recent past against a genuinely European backdrop, unusual in a time of localized cultural horizons. Liudprand's famous satirical description of his misadventures as Ottonian legate at the Byzantine court in 968 is a vital source of information on Byzantine ritual and diplomatic process, as well as a classic of medieval intercultural encounter. Readers interested in medieval European culture, the history of diplomacy, Italian and German medieval history, and the history of Byzantium will find this collection of translated texts rewarding. A full introduction and extensive notes help readers to place Liudprand's writings in context.
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The paper deals with the problems of contemporary way of using interest rates within the framework of monetary regulation, with special focus on cases when extremely low, or even negative rates are applied. The first part is focused on theoretic definition of the meaning and function of interest rates in financial and economic system in the sense of „standard“ economic theory, or in accordance with individual economic approaches. Subsequently, the influence of contemporary extremely low or even negative interest rates of central banks are analyzed, as well as their influence on the activities of economic subjects, with special attention to individual sorts of financial institutions, namely its influences on their economic results and on fulfilment of their mission. And, subsequently, it defines and characterizes the impacts of contemporary monetary policy of the world most important central banks on functioning of economy of individual the most important states or multinational economic units, as well as world global economy. Based on achieved results, future development is predicted, both from the point of view of economic development and from the standpoint of future impacts on contemporary human society.
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As Turkey has moved from a state of emigration to immigration, lawmakers have identified the need to combat fraud within its migration framework. Its new framework has distinct similarities to the Australian model, a country which has been shaped by immigration but has shifted its policies to that of a protective objective. This paper provides a platform for comparing policies in determining the more effective measures for migration planning in relation to combating fraud to effectively deter unintended economic migrants in both countries.
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The digital transformation of the 21st century radically changes the way we live together. In addition to the obsessive attachment we have developed to devices that keep us connected every second of our lives, the challenges of this era force us to use technology to our advantage. A term we often hear is Smart City, defined by the European Community as the place where the use of digital solutions streamlines traditional services for the benefit of residents and businesses. These cities use innovation to provide the city with open and transparent governance solutions, where the community is heard, understood and plays an active role in building its own environment. If the designer of the future city will have to take into account identity and if we consider identity a process by which people self-identify with spaces, then in order to design quality spaces we will have to co-opt users as collaborators of the design process. These solutions become possible with the help of information and communication technologies (ICT), which completely change the paradigm of communication between civil society and public administration. This paper aims to capture, through case studies, how administrations and communities use these technologies for open and flexible forms of governance, to identify the challenges in this regard and how certain obstacles could be overcome.
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This article is focused on significance and necessity to include Canton Sarajevo into development planning process in Bosnia and Herzegovina as a precondition for accession of our country to EU. Apart from significance and development planning process, special attention is being paid to the need to integrate and include, in organizational-management sense, all cantons in Federation as implementation units in that process. Present strategic planning process in Bosnia and Herzegovina has focused on state and entity level, while in future it is necessary also to include lower governmental levels, especially cantons in Federation of Bosnia and Herzegovina which represents a task of this article. In the article, present process issues and development planning results in BIH are being presented as well as the process of strategic development documents implementation, monitoring and canton level reporting. Additionally, legal framework is also being presented due to the fact that it establishes obligation to create action plans and establish implementation units at cantonal level. The aforementioned legal framework defines Federal Institute for Development Programming as the key coordinator of all activities. Canton Sarajevo’s Action Plan for Strategic Planning is structured in line with strategic development goals determined in state BIH development documents referring to the following areas: macro stability, competitiveness, employment, sustainable development and social inclusion. Significance of action planning is being emphasized in the conclusion but only as a first step in BIH development strategy assuming creation of other relevant development aspects (social, economic and environmental). Also, necessity to harmonize aforementioned aspects with spatial planning documents is being emphasized. Sarajevo Canton has been continuously focusing its activities on this segment for a longer time period.
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In the European and Italian policy contexts, the evolution of PPPs instruments was characterized firstly by the interest for the anti-cyclical aspects, and afterwards for the high innovation potential these tools can bring to the public procurement market. Italian Regions are in charge of many territorial development policies; not only are they policy owners, but also a key factor for the success of any development strategy. Emilia-Romagna Region presents a local policy for the promotion of PPP tools in the regional context; moreover, the Region published in 2013 a case study, with an analysis of the main PPP aspects which can bring positive impacts to the regional economy. The study concludes that PPPs can become a real value for money for a regional authority, mostly when a PPP is operating in a regional strategic framework and in a coherent regional system. In that case, PPP is an instrument to enhance the quality in the public-private relationship, not only regarding the project’s outputs, but also regarding the possible outcomes for the economy and the social inclusion. Furthermore, in a solid regional policy context, public and private partner can build/create added value for all, making sure that the right conditions for success are put in place, and that the PPP instrument is the best suitable for the specific territorial need it’s aimed at.
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Land cover and use changes are a constant challenge for planning and territorial research, due to their connection with sustainability. The natural environment is an infrastructure generating goods and services for citizens, and has not only an environmental value, but also an economic and societal one. However, the world in general and Romania in particular continue to witness changes affecting the green infrastructure negatively, even within the natural protected areas. One of the causes may be the low environmental awareness of planners, who continue to work according to outdated conceptual models, no longer connected to the progress of landscape and urban ecology.
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The concept of green infrastructure was born from the need to reconnect with the natural space, as a result of the benefits recognition it brings. This material analyzes how the concept of green infrastructure is defined, the evolution of green infrastructure in the urban environment and its components, with an emphasis on green spaces. The present material was developed within the project PN 23 35 06 01 - "Integrated computer-urban planning system for the assessment of blue green infrastructure at the level of municipalities and cities in Romania with a view to implementation in urban development plans. Case study: Râmnicu Vâlcea Municipality", financed by the Ministry of Research, Innovation and Digitization and carried out within the ECODIGICONS Nucleus Program.
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Fabricating a „Pomak ethnicity“ is crucial for keeping the state borders set by the Lausanne Peace Treaty and certain Balkan states have been making efforts to assimilate the Bulgarian Muslims within their territories by grouping them into a „Pomak ethnic group“, thus preventing any possibilities for them identifying as Bulgarians.
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This study specifically analyzes the MENAT area (Middle East and North Africa plus Turkey) using images collected during self-funded on-site documentary studies to look at the public space. The analysis included Morocco, Algeria, Tunisia, and Egypt in Africa, and Turkey and Jordan in Asia. The analysis found out a gradient starting with well designed public spaces in the large cities, down to a lack of care for the public space, seen often as “no one’s land” in informal settlements and small cities. These contrasts between countries, within the same country and even within the same city are a common feature of the analyzed area.
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This article explores the concept of smart growth by examining its definitions, principles, and perspectives through relevant literature, EU policies, and international practices. It highlights the importance of smart growth in promoting urban sustainability, stimulating economic development, and improving quality of life. Additionally, it addresses the challenges and opportunities associated with implementing this concept across various geographical and social contexts.
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