Revija za evropsko pravo: godišnji časopis Udruženja za evropsko pravo = Review of European law : annual review of the Association for European Law
ISSN: 1450-7986
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ISSN: 1450-7986
The basic problem that the process of Euro integrations faces today is the absence of the European identity. There are ideas how it could be built, on what it should be based, but the basic problem is the EU has give up in a great extent from the real European values - the ideals like freedom, equality, solidarity, social justice, etc. Human rights are the European achievement, but a distinctive, therefore identity difference between the European and the Anglo-American interpretation is that the European variant guaranteed social-economic rights, which was actually a concretization of the great ideal of solidarity. Today, with prevailing ideology of globalism, just this element of human rights has been brutally waded, a part of the European identity with it. A similar situation is with what the Europeans consider the greatest achievement of the EU - free movement of people, goods and capital. Free movement of people is questioned by building barbed wires and creation of a new ante murale christianitatis, even in Islamic states, far away from the Schengen Area that is proclaimed untouchable. Moreover, all those people swarming to the Europe actually have close connections with it - they originate from former European colonies, brutally exploited by their metropolises for decades and centuries. Not only that, but recently their new 'Europeanization' has been attempted through the initialization of the 'Arab Spring' , which resulted with increase of the Islamic fundamentalism, disintegration of certain Arab states and tribal war in them, increase of terrorism and, of course, migrants from those areas. Although it would be justified to try to return the evil gotten to them at least partly, by refusing to accept the miserable the Europe gives the mortal strike to some of the main values that are considered its identity characteristics - free movement of people and solidarity. All this, actually, indicates on the absence of the European identity consciousness. There is no clearly defined content of the idea of the Euroidentity, nor there is consciousness of it with the citizens of the EU. The citizens of the EU are still more French, Englishmen, Germans, Italians, Spaniards, Poles, Czechs rather than the Europeans. Their Europeanism exists only on the level of usefulness and efficacy, therefore, the prediction is that the model of the EU as an international organizations generis will be kept for a long time, while identities in future will be tied for (European) nations.
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Harmonisation of the foreign policies of the Western Balkan states with the EU Common Foreign and Security Policy (CFSP) within the Charter 31 of the pre-accession negotiations will be a significant obligation and challenge for most of them. Within this context, the author takes as a starting point the regular annual reports on the progress achieved by the states in the region. They show the degree of harmonisation of their foreign policies with this Union's mechanism (within four years in the 2011-2014 period). The author of the article particularly points to the real and substantial discrepancy between the normative framework of the EU CFSP and the specific activities taken by the Western Balkan states in the part concerning their position to the current crisis in Ukraine which, in a way, 'reflects' the geo-strategic interests of the 'West', on one hand, and those of the Russian Federation, on the other. At the same time, he points to the membership in the North Atlantic Alliance as a favourable framework for the acceleration of harmonisation of a country's foreign policy with the EU CFSP.
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World Affairs Online
In this paper it had been started from the question what was in diachronic included in the term Middle Europe, and why it was impossible to define it precisely in any sense. 'New Middle European Concept', actual in the 80s of the previous century, had also political background, but in his creation Middle European intellectuals had part in it, and it meant the fight for cultural unity of Middle European, for the recognition of their European identity. One of the first, and the most important supporter of this concept from Yugoslav area is Danilo Kish in whose literary oeuvre this virtual space is additionally mythologized. The research attention was directed to Kish's essay 'Variations on Middle European Themes', in which he had elaborated in a concise manner his comprehension of Middle Europe, Middle European culture, Middle European writer, and numerous interviews in which he had thoroughly been elaborating these attitudes. There the writer expresses his comprehension of fascism, and Stalinism, Ahasuerus, and Judaism as 'family happiness', nationalism of small peoples, inferiorities of their 'barbarian languages', and attitudes on ironic lyrisms, 'consciousness on form', and stateless people as basic poetic features of Middle European writers. Due to all mentioned, and some universal truths on the mentioned symbolic tops, this essay is rightfully considered as one of Kish's most important self-poetic texts.
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In: Međunarodni problemi: Meždunarodnye problemy, Band 69, Heft 4, S. 531-545
ISSN: 0025-8555
World Affairs Online
У раду је представљена Стратегија Европске уније за Западни Балкан са фокусом на решавању безбедносних проблема заједничких за регион и Републику Србију. Анализа овог стратешког документа и стратешких опредељења Републике Србије у погледу главних безбедносних проблема показује њихову комплементарност. Пре свега, ова документа имају скоро исто виђење безбедносних проблема за које Западни Балкан није само транзитно подручје, већ и крајње одредиште, па чак и извориште. У питању су нарочито: организовани криминал, тероризам и ирегуларне миграције. Њихово спречавање и сузбијање опредељује приоритете српске полиције, који истовремено воде успешној реакцији против криминала и других врста угрожавања безбедности у Србији и постигнућима у испуњавању преузетих обавеза у процесу придруживања ЕУ и усвајања европских тековина. ; This paper presents the EU Western Balkan Strategy and focuses on solving security problems common to the region and the Republic of Serbia. The analysis of this strategic document and strategic orientation of Serbia in relation to main security issues shows their complementarity. First of all, these documents share essentially same views on security issues, for which the Western Balkan is not only a transit area, but a final destination and even the source, particularly organized crime, terrorism and irregular migration. Prevention and suppression of given issues determines priorities of the Serbian police, at the same time leading to successful response to crime and other security threats in Serbia, as well as achievements in meeting commitments in the EU accession process and adopting the European acquis.
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Predmet ovog rada jeste prikaz javno-privatnih partnerstava kao instrumenta za koji se pretpostavlja da bi, ukoliko bi se primenjivao prvenstveno na lokalnom, ali i na višim nivoima upravljanja, omoguéio vlastima u svakoj zemlji brži i kvalitetniji ekonomski razvoj društva. Iskustva moderno uređenih demokratskih društava u decentralizaciji vlasti po principima subsidijariteta i fiskalnog federalizma daju uvid u set mera i principa stvaranja dobrog poslovnog okruženja kao prim amog faktora privlačenja kapitala, a time i opšteg razvoj a države. Javno-privatna partnerstva su kao najsloženiji i najnoviji instrument podsticanja ekonomskog razvoja modemih država od posebnog značaja. Još uvek u fazi razvoja i u primeni u nekolicini najrazvijenijih demokratija, pred ovim složenim instrumentom tek leže pravi izazovi i budućnost. Stoga je cilj ovog rada prepoznavanje važnosti najsloženijeg instrumenata za podsticanje ekonomskog razvoja, a to su javno-privatna partnerstva i njihovo poznavanje u teoriji i kroz primenu u praksi. Ono je od velikog značaja sadašnjim i budućim kadrovima koji rade u javnoj upravi Srbije na svim nivoima. Naučni značaj ove teme j e u sistematskom prikazu i analizi modela javno-privatnih partnerstava. JPP su aktuelna tek od 90-ih godina, zemlje EU tek početkom 21.veka osnivaju posebna tela koja se pri vladama bave JPP, a Evropska komisija je tek 2004. izdala Zelenu knjigu o JPP, koja delimitino defunse i analizira JPP. Iz naučnog proizlazi i društveni značaj ovog rada, a to je bolje razumevanje JPP, podizanje svesti sadašnjih i buduéih kadrova u javnoj upravi o njihovom značaju i spremnosti da u predstojeéim reformama ispravno i kvalifikovano zastupaju interese društva u čije ime rade. Osim kao doprinos teoriji o javnoj upravi, ovaj rad ima veći značaj kao priručnik organima te iste uprave u poznavanju i primeni JPP kao instrumenta kojim se podstiče ekonomski razvoj. ; This paper focuses on the presentation of public-private partnerships (PPPs) as instruments which are assumed to enable faster economical development of municipalities and the country in total, for the authority of our country, if firstly applied locally, but then also on higher levels of management. The experiences of the modem democratic societies in the area of decentralization of the authority by the principles of subsidiarityand fiscal federalism, enable the insight to the set of measures and the principles of creating the good business environment as the primary factor of attracting investments, and subsequently enabling the general local development. Public-private partnerships are the most complex, and the latest instrument of special importance for encouraging the economic development of modem states. Still in the phase of development and applied in a few the most developed democracies only, this complex instrument is yet to face the real challenges and the future. Therefore the objective of this paper is recognizing the importance of the most complex instrument for encouraging the local economic development, which are the public-private partnerships and the theoretical and practical knowledge about them.This is of the most importance for current and future staff employed in the public administration of Serbia, at all levels. The scientific importance of this paper is the systematic presentation and analysis of the model of the public-private partnerships. PPPs have become more present since the 90's; at the beginning of the 21st century the EU countries have started forming special government bodiesto deal with PPPs, and the European commission has issued the Green book on PPPs only in 2004, which defines and partly analyses the PPPs. The outcome of the scientific significance of this paper is also the social one: the better understanding of the PPPs, lifting the awareness of the current and future staff employed in the public administration about their significance and competence to, in future reforms, correctly and skillfully represent the interest of the society in whose behalf they act. Beside the contribution to the theory about the local government, this paper has a greater meaning as a guide book for its administrative bodies, when addressing the issues of knowing and applying the PPPs as the instrument to encourage the economic development.
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This paper show why the standardization of administrative procedure is important for the state legal system that, in the last two decades, the administrative procedure codes were adopted in almost all of the European states. Afterwards author analyzed main driving forces for development of administrative procedural law at the level of the European Union and the Council of Europe. The most important legal sources of European administrative procedural law (basic standards, principles, recommendations and guidelines in this area) are concisely presented but it is clearly indicated that there are certain ambiguities, that these sources don't apply equally to all institutions of the Union, and that they still don't make finished, complete and forever given system that can be automatically transferred to jurisprudence of the member states and candidate countries. Moreover, often administrative process laws of the member states contain rules that are not existing in this kind of regulation at European Union level and that is why the process of adopting the first European Union general law on administrative procedure was initiated, which would further improve the standards of European administrative process in general. When it comes to the general administrative procedure of the Republic of Serbia it has been shown that in spite of the strategic orientation towards the reform of the Law on Administrative Procedure expressed in numerous strategies, our executive authorities in this area have not yet moved beyond the development of the third version of the Draft Law on General administrative Procedure which was afterward adopted by the Government as the Bill. In his final remarks the author concludes stating that the largest number of European standards of administrative process are included in the final version of the Draft, but without eliminating the shortcomings of the existing Law, and without normative adjusting to the circumstances in which the Serbian administration operates, and with unnecessary abandonment of some solutions that have proved to be right in the decades-long practice of administrative authorities.
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Within contemporary geopolitical processes, respect for the rights of national minorities is no longer the discretion of a state, but rather is an indirect or direct international regulation of the minority issue. In the beginning of the 1990s, the political economical crisis and disintegration of the former SFRY opened the national question, that was considered to be permanently and successfully solved, in the most dramatic way, and ethnic conflicts and clashes followed the desintegration of the country. With the formation of a new states on the territory of the former Yugoslavia, the existence of numerous and different national minorities ("old" and "new") required a different approach to their protection and integration in complex political circumstances. Thus, the position of the so called new minorities drastically changed since they formed constituent nations in the former SFRY, while after secession they remained separated from their home nations and became national minorities almost overnight. Out of Serbia, in former Yugoslav republics live nearly half a million persons belonging to Serbian nationality as new national minority. The paper discusses the position and rights of the Serbian minority in the post Yugoslav states (Slovenia, Croatia, Northern Macedonia, Montenegro) as well as in some neighboring member states of the European Union (Hungary, Romania, Bulgaria). In addition to the analysis of basic demographic indicators (number and spatial distribution) that determine the realization of the rights and freedoms of each minority, the paper examines the issue of protecting the national, cultural and linguistic identity of Serbs, as well as the ways of its preservation and improvement. Although the social and legal status of the Serbian minority is determined by European standards, the analysis points to their undefined status, since they still do not recognize the status of a national minority in some countries, and that they are in practice faced with more or less assimilation. In order to fully realize minority rights and improve the position of the Serb minority, ratified international documents, bilateral agreements, national laws, as well as well-designed policies and assistance from the home state are of great importance.Respecting basic human rights and freedom, as well as national minority protection, represent the basic factors of stability, security and democratic and socio-economic development of every country.
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After the failure of the European constitutional process, the question of creating the European identity has become in the center of attention of the academic public again. According to the scientific literature about Europe it is mostly discussed as the set of institutional solutions, but not as the collective cultural space, the dominant paradigm discussing the European identity is the one that sees it as entirely political, indeed. The goal of this work is to show that insisting on creating of purely political European identity has its basic neither in theory nor in practice. In order to document the claim, in this work the author critically investigates different theoretical approaches studying the European identity and analyzing the results of available empirical researches tries to determine a role of cultural, civil and instrumental components in its creation.
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In: Posebna izdanja / Srpska Akademija Nauka i Umetnosti, Geografski Institut "Jovan Cvijić", 63
World Affairs Online