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MEĐUNARODNOPRAVNI SUBJEKTIVITET DA LI JE VREME ZA TRANSFORMACIJU?

Author(s): Jelica Gordanić / Language(s): Serbian Issue: 3 (1)/2023

One of the products of the Peace of Westphalia is the modern system of international law, which considers states as subjects of international law. With the emergence and development of international association and cooperation, international organizations acquire an international legal personality as well. The activity of non-state actors is becoming very important in international relations. Non-state actors such as non-governmental organizations, individuals and multinational companies influence the development of international law and international relations. Non-state actors are objects of international law. On the other hand, having in mind their growing influence in the international arena, they are gradually acquiring characteristics attributed to the subject of international law. The paper analyzes whether it is time for the transformation of the concept of international legal subjectivity. Different directions of action of non-state actors and their relationship with the state are examined. The occasional impotence of the state in relation to non-state actors is also analyzed, especially when it comes to non-governmental organizations and multinational companies. The paper concludes that the concept of international legal personality is ready for expansion and adaptation to requirements of the modern world. The biggest obstacle on this path is going to be the lack of political will of the states.

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OGRANIČENJA POSEBNIH OBLIKA RADA BEZ NARUŠAVANJA OSNOVNOG ODREĐENJA I SADRŽAJA RADNOG ODNOSA

Author(s): Marinko Učur / Language(s): Serbian Issue: 3 (1)/2023

Legislation of the Republic of Croatia (and other countries in the „surrounding“) based on and within the framework of directives and other secondary sources of European Union (EU) law, more and more, in addition to basic concepts, catgeories, legal institutes and legal relations in labor (social and other) legislation regulates „new flexible forms of work“ and thus affects the „static budget“ of the general law regulating these issues and relationship. In practice, with such prescribed flexible forms of work, the standards of working conditions are „left“ to concrete economic, political, social and other relations and „opportunities“. This paper tries to point out the necessity of preserving the employment relationship as a complex situation, but also as a special legal relationship that is determined by terms, categories, labor law institutes and other issues that, with a special method, are studied by an independent legal discipline, labor law (a special scientific branch of law, the legal system, or legal order). In the framework and on the basis of this, (other) felxible forms of work can (and should) be arranged, realized and protected, without dirupting (devastating) the employment relationship as „established“ by labor law theory and universal source of human rights and freedoms. This also applies to: fixed-term employment, part-time work, work on Sundays, work at a separate workplace, additional work, employment contracts for temporary performance of work through an agency and „other forms of work“.

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ODNOS REGULATIVE REPUBLIKE SRBIJE PREMA RETKIM BOLESTIMA

Author(s): Marta Sjeničić / Language(s): Serbian Issue: 3 (1)/2023

A disease that occurs in a small number of people, at most one in 2000 people, is considered a rare disease. Unlike cardiovascular diseases, diabetes or cancer, which take the most human lives in modern society, rare diseases were, until recently, completely invisible and neglected precisely because of the small number of patients suffering from a single rare disease. Nevertheless, taken together, they represent a significant phenomenon in medical, financial and social terms. In addition to the Law on the Prevention and Diagnosis of Genetic Diseases, Genetically Conditioned Anomalies and Rare Diseases from 2015, the regulations of the Republic of Serbia recognize rare diseases in the Law on Health Care and the Law on Health Insurance, and in 2014 the Decision on opening the Budget Fund for treatment of diseases, conditions or injuries that cannot be successfully treated in the RS, was adopted. The program for rare diseases in the RS, as a strategic document, was adopted in Serbia for the first time in 2020, for a two years period. The program sets one general and two specific goals (diagnosis/prevention and treatment), which are elaborated through a series of measures and indicators of their realization. Some measures have been implemented, while others are still awaiting implementation. The RS Ministry of Health has taken steps to develop a new program/strategy for rare diseases. The Registry for Rare Diseases was established at the Institute of Public Health of the RS, and the Centers for Rare Diseases in some institutions of the tertiary level of health care. Over time, the availability of drugs and medical devices for rare diseases is increasing. Diagnostics and screenings for rare diseases represent a big challenge, as well as the availability of off-label drugs for the purpose of treating of rare diseases.

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PROCEDURAL CONSTITUTION-MAKING: LESSONS LEARNT FROM HUNGARY

Author(s): Nora Ban-Forgacs / Language(s): English Issue: 3 (1)/2023

This article focuses on the procedural and substantive nature of drafting new constitutions under hybrid political regimes. The main argument of the article is that a qualified majority for rulemaking cannot be overruled by a simple majority principle even under extraordinary social and political circumstances.

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CONSTITUTIONAL COURTS VERSUS PARLIAMENTS DURING PANDEMIC (AND BEYOND)

Author(s): Boldizsár Szentgáli-Tóth,Nora Ban-Forgacs / Language(s): English Issue: 3 (1)/2023

National parliaments are the representatives of popular sovereignty. Any restrictions on parliamentary rights have a direct impact on separation of powers and rule of law. This article elaborates on some of the landmark decisions worldwide of the constitutional courts vis a vis national parliaments during epidemic restrictions.

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КРИТИЧКИ ОСВРТ НА НАЦРТ ЗАКОНА О УНУТРАШЊИМ ПОСЛОВИМА СРБИЈЕ

Author(s): Branko Leštanin,Željko Nikač / Language(s): Serbian Issue: 3 (1)/2023

At the end of 2022, the Serbian MoI published a public hearing and published the Draft Internal Affairs Law on its website. Several public discussion sessions were held, but the Draft was soon withdrawn from the procedure. In the paper, the authors analyze the text of the Draft, where in the first part they give an overview of the provisions of a general nature, while in the following the authors give suggestions on the provisions and institutes of an individual nature, analyzing them with the application of normative, dogmatic and comparative legal methods. At the end, the authors conclude that the proposed text needs a thorough amendment and harmonization with the relevant regulations.

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ХУМАНИТАРНА ИНТЕРВЕНЦИЈА У МЕЂУНАРОДНОМ ПРАВУ НА ПРИМЕРУ ДОГАЂАЈА У РЕПУБЛИЦИ ГРЕНАДИ

Author(s): Nemanja Danilović / Language(s): Serbian Issue: 3 (1)/2023

Following the events in the world and the whirlwind of war in the east of the old continent, the institute of humanitarian intervention has once again come into the spotlight. The paper is dedicated to this very complex concept in international law, which has been accompanied by many controversies throughout the past. The paper will deal with the basic concept of humanitarian intervention, its elements, and the method of implementation, as well as a comparison with aggression as an international crime. The central part of the paper will refer to the events that took place in the Republic of Grenada in 1983. Namely, in October of this year, it will be exactly four decades since the United States of America, under the pretext of humanitarian reasons, invaded Grenada, which was then condemned by almost the entire world. The events that preceded this humanitarian intervention will be considered, then the course of the operation itself, the reaction of the international community and the world, as well as the consequences that this operation had on international relations during the period of the then Cold War. The operation in Grenada, known under the code name Hitan Bes (Urgent rage), had far-reaching consequences for the world, which only contributed to intensifying tensions and sharpening the decades-long strained relations between the capitalist West and the communist East.

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СЛОБОДАН ПОСЛАНИЧКИ МАНДАТ У ПРОПОРЦИОНАЛНИМ ИЗБОРНИМ СИСТЕМИМА – ДЕМОКРАТСКА ТЕКОВИНА ИЛИ МАНИПУЛАЦИЈА БИРАЧА

Author(s): Nikola Perišić / Language(s): Serbian Issue: 3 (1)/2023

Proportional electoral systems use a system of electoral lists that can be open or closed to voters. In the Republic of Serbia, a proportional electoral system with closed electoral lists for voters is used. An additional specificity of the electoral system in Serbia is that the entire country is one electoral unit. Such an electoral system is used in three other countries, not including Serbia. In such electoral systems, the question arises as to whether the parliamentary mandate should be free or tied to the list on which the candidate was elected as a deputy. Political parties tried to protect themselves from the departure of MPs from their ranks through the so-called blank resignations that would be activated when an individual leaves the parliamentary group or political party to which they belong. However, since 2011, the electoral law in Serbia, at the suggestion of the Venice Commission of the Council of Europe, explicitly defines the mandate as free, and it was this change that led to the frequent departure of deputies from the lists on which they were elected, and the most drastic consequences of such behavior is the formation of parliamentary clubs of parties that are not passed the election threshold or even did not exist at the time of the election process. This raises the question of whether there has been manipulation of the electoral will of citizens expressed in the immediate elections for the parliamentary composition, to the detriment of the democratic legacy, which prescribes that the deputy is autonomous in his actions in relation to the political party to which he belongs. This paper answers precisely to this dilemma, through the analysis of all multi-party compositions of the National Assembly in Serbia.

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THE INTERNATIONAL CONVENTIONS’ STRATEGIES IN THE FIGHT AGAINST CORRUPTION IN THE PUBLIC ADMINISTRATION: THE ROLE OF PREVENTIVE MEASURES

Author(s): Alberto De Vita / Language(s): English Issue: 3 (2)/2023

Author explores how corrupt networks function, how individuals are tempted to profit from corruption and how they react to the incentives provided by anti-corruption measures. Behavioural research provides great insights for policymakers to develop innovative and well-targeted integrity policies.

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TERORIZAM-VEZA IZMEĐU INDIVIDUALNE KRIVIČNE ODGOVORNOSTI I MEĐUNARODNE ODGOVORNOSTI DRŽAVE

Author(s): Andrijana Mišović / Language(s): Serbian Issue: 3 (2)/2023

Although international state responsibility and individual criminal responsibility are two separate types of responsibility, there is a strong connection between these two types of responsibility both historically and in practice. This is particularly obvious in the case of terrorism, which is often connected to state. This connection became even more visible after the International Court of Justice (ICJ) rendered its judgment on preliminary objections in case Ukraine v Russia, dealing with application of the Convention for the Suppression of the Financing of Terrorism. In this case, Russia took the position that ICJ cannot establish jurisdiction for determining state responsibility on the basis of a convention dealing with individual criminal responsibility. The Court, however, did not accept this position and by doing so it reopened a question of relationship between the two types of responsibility. Types of extended individual criminal responsibility which are analysed in this paper represent crucial points of contact between individual criminal and state responsibility

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ЗАШТИТА ПРАВА УЧЕСНИКА ОГЛАСА/КОНКУРСА У ПОСТУПКУ ЗАСНИВАЊА РАДНОГ ОДНОСА

Author(s): Radislav Lale / Language(s): Serbian Issue: 3 (1)/2023

The paper systematically discusses the protection of the rights of participants in advertisements or contests and the right to an effective legal remedy in the process of establishing an employment relationship. The author has analyzed the positive legal regulation of this labor law institute in the general regime of employment relations, considering that the public advertisement/competition for the establishment of an employment relationship are instruments through which the constitutional principle that all vacancies must be available to everyone under equal conditions can be realized. The application of that principle is closely related to the effective realization of freedom of work and the right to work, which is why the procedure for establishing an employment relationship cannot be beyond the scope of control that enables the immediate removal of irregularities and illegalities in this procedure. In the corresponding parts of the work, the subject of analysis is the protection of the rights of participants of advertisements/competitions in special labor relations regimes in the Republic of Srpska.

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PERSPEKTIVE RAZVOJA E-ZDRAVSTVA U KONTEKSTU E-UPRAVE

Author(s): Aida Mulalić,Ivana Grubešić / Language(s): Serbian Issue: 3 (1)/2023

The development of information technologies (IT) has inevitably affected the domain of public administration, and within it, the domain of public health, and accordingly the concepts of digital or e-governance and e-health have arisen. E-governance is the infrastructure that is built to transform the execution of public administration competence, the direct effects of which are reflected in the cost efficiency of public administration tasks, significant savings in the areas of representation, collection of public revenues, and stronger connection between public administration and citizens. E-health in the public sector primarily includes the use of IT in the context of more efficient, better quality and more comprehensive delivery of health services, reforming the relationship with end users of health services. In addition to the advantages that e-government and e-health systems undeniably bring, there are also certain challenges of a technical, economic, legal and social nature that the implementation of such systems faces. The issues of data exchange, protection of personal data, and availability of services within e-health and standardization of services are just some of the aspects that must be taken into account when analyzing the benefits and drawbacks of the use of information technologies in these domains.

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ЗАБРАНА МУЧЕЊА, НЕЧОВЕЧНОГ ИЛИ ПОНИЖАВАЈУЋЕГ ПОСТУПАЊА ИЛИ КАЖЊАВАЊА У КРИВИЧНОМ ЗАКОНОДАВСТВУ РЕПУБЛИКЕ СРБИЈЕ

Author(s): Ivan Ilić,Dimitrije Andrejić / Language(s): Serbian Issue: 3 (2)/2023

The subject of this work is a detailed analysis of the existing legal standards regarding the prohibition of torture, inhuman or degrading treatment or punishment at the national, regional and international level, as well as an analysis of the implementation of established standards in the legal system of the Republic of Serbia. Through a comprehensive analysis of the established standards and normative framework of the Republic of Serbia, in the context of the absolute prohibition of torture, inhuman or degrading treatment or punishment, the authors will point out the necessity of changing the current legal and by-laws. At the same time, there is a noticeable lack of will of the state authorities to further improve the protection of human rights, which we can see from the fact that the existing shortcomings and defects contained in the provisions of the current Criminal Code and the Code of Criminal Procedure have not been removed, in support of which the reports of the Committee against Torture, in which explains in detail the current problem of impunity for civil servants for acts of abuse.

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АДЕКВАТНО САНКЦИОНИСАЊЕ ПОРЕСКИХ КРИВИЧНИХ ДЕЛА КАО ИЗАЗОВ ПОРЕСКЕ ДИСЦИПЛИНЕ У СРБИЈИ

Author(s): Suzana Dimić,Mirjana Djukic / Language(s): Serbian Issue: 3 (2)/2023

Adequate sanctioning of tax crimes is a key issue from the aspect of fiscal interests of the state. Tax crimes represent socially harmful and dangerous behavior of taxpayers, because they threaten the fiscal system of the state. If it is taken into account that the timely payment of taxes and other duties is a necessary condition for the continuous financing of public needs, then one can see the extent of the harmful consequences of the fact that the state treasury was deprived of the amount of income that would have been collected if all taxpayers had obeyed the tax law. obligations. Hence, achieving the positive effect of an adequate penal policy for this group of crimes is far more complex. Preventive measures and activities, with which modern states influence the raising of tax awareness of taxpayers, contribute to the creation of a favorable environment for voluntary compliance with tax obligations. However, preventive policy is important but not the only component in combating tax crime. An important link in strengthening tax discipline is precisely the application of appropriate sanctions in judicial practice. They should deter taxpayers from such illegal behavior, that is, encourage them to voluntarily fulfill their tax obligations, and thus, indirectly, to the amount of collected income from paid taxes. The (non) realization of special and general prevention as the purpose of punishment in relation to tax crimes, was viewed from a normative and practical aspect. The derived conclusions move in the direction of recommendations and proposals de lege ferenda

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MANAGEMENT OF ADMINISTRATIVE AND LEGAL CONDITIONS OF SPA MUNICIPALITIES OPERATION IN POLAND

Author(s): Katarzyna Popik-Konarzewska,Krzysztof Żuk,Ryszard Nowak,Dariusz Woźniak / Language(s): English Issue: 2/2023

Main aim of this article is the presentation of a project the reactivation of the health resort, taking into consideration of legal and administrative possibilities and exerting of coverage economically and social venture of this process. First part of a article has been preceded by analysis of structural dissimilarity and specificity of functioning of community, based on obligatory legislation. Legal analysis has apprehension of mechanism of the functioning of the health resort, that is very important from the point of view of reactivation process.

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Regulacje prawne telewizyjnych debat prezydenckich

Author(s): Michał Klejny / Language(s): Polish Issue: 45 (4)/2023

Article presents analisys current polish “Kodeks Wyborczy” article 120 and KRRiT ordinance, that regulate specific rules of television debates during elections campaign. After describing the genesis of television presidential debates In Poland and foreign countries, the research was made to analise the practical use of current polish legal regulations since 2011. Several debates organised in years 2015 and 2020 before both rounds of elections were included in research as well. All the records of debates introduced in article were analised to find elements that had critical meaning to the democratic system. It helped to form a possibile definition of television debate and explain its meaning to polish democracy. Further, the author describes possibile dangers to equity of candidates, that hipothetic lacks of regulations occour. At the end, author forms several rules, that could guarantee all the targets of television debate being achieved.

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Z problematyki prawnej postępowania w sprawie udzielania świadczeń pieniężnych z pomocy społecznej. Część 1

Author(s): Sylwia Łakoma / Language(s): Polish Issue: 45 (4)/2023

The aim of this study was an attempt to present the legal issues of proceedings on the granting of cash benefits from social assistance. The complex and multi-dimensional nature of these proceedings has made it possible to distinguish several key issues within them. Among these issues, a particular importance should be attributed to negative premises. The analysis of the provisions of the Act of 12 March 2004 on Social Assistance58 has made it possible to distinguish two categories of premises in question; negative premises of optional nature and negative premises of obligatory nature. The first part of the article was devoted to negative optional premises, in particular the two of them under Article 11 Section 2 and Article 12 of the Social Assistance Act. Their occurrence may lead to a refusal to grant a particular cash benefit, including – which is worth emphasising – a benefit of an obligatory nature. The above premises have a certain thing in common. When formulating them, the legislator used undefined concepts. The author’s intention was, in particular, to approximate the understanding of the meaning of these concepts. The article attempts to answer the question whether the legal solutions adopted in the Social Assistance Act, in the indicated scope, are sufficiently precise and clearly formulated to facilitate and, as a result, enable social assistance authorities to make decisions on the granting of cash benefits from social assistance, and if not, whether the judicial decisions of administrative courts may be helpful here. This study is based on the analysis of the provisions of the Social Assistance Act, statements of doctrine and judicial decisions of administrative courts. The provisions of the aforementioned legal act, as regards the indicated issue, did not seem to be formulated in a sufficiently clear and precise manner so as to facilitate and, in effect, enable the social assistance bodies to issue decisions on granting cash benefits without major difficulties. The judicial decisions of administrative courts may be of some use in this respect.

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Artificial intelligence on public sector in Portugal: first legal approach

Author(s): Ricardo Pedro / Language(s): English Issue: 2/2023

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.

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Illegal contract as a general clause - European trends and new Hungarian judicial practice

Author(s): Ádám Auer / Language(s): English Issue: 4/2023

The invalidity of a contract is a sanction of civil law. In a dispute, the purpose of the law, its effect and its application must be applied together to the contract in conflict with the law. The means of doing so are judicial interpretation and the application of the general clause. An illegal contract may cover several areas: contracts contrary to public policy, a rule of law, morality or fundamental principles. In such a complex legal environment, an important question is which rule is breached and which results in the invalidity of the contract. The relationship between civil law and other rules is of particular importance in the context of the use of AI, where there are a number of technical obligations for the contracting party or administrative rules governing the use of AI. In the digital environment, many sectoral rules impose prohibitions, many norms define specific requirements as well. The study examines the new paradigm of the Hungarian Civil Code of illegal contracts and focuses the judicial practice of the general clause of illegality.

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The legal framework for PPP in China – current issues, challenges and future perspectives – with regard to the French experience

Author(s): Jingyi Tian,Banggui Jin / Language(s): English Issue: 4/2023

In recent years, the relationship between the private and public sectors has changed in response to the challenges posed by economic globalisation, with the PPP model guiding the two subjects from a relationship of subordination and employment to one of equality and partnership. Such a partnership model is complex but revolutionary in that the government no longer acts as a regulator alone, but also becomes a participant in the market. It is because of the involvement of public power that a well-developed PPP legal framework is particularly important to prevent the abuse of public power and the emergence of inequalities in the market. China has also introduced the PPP model to solve a range of problems arising from accelerated urbanization, to meet the massive demand for public services and infrastructure development, and to deal with the government's financial difficulties. This article analyses the main problems and challenges that China currenty faces in the regulation of PPP, before looking at ways of improving the legal framework for PPP in China, following the example of French law in this area.

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