Suchergebnisse

Mixed government, which is commonly regarded as a distinctly medieval form of government, is relevant also to contemporary constitutional states. It is the best form of government, since the aristocratic element is a continuous source of virtue, especially of justice, and a check not only on the executive, as the monarchical element which is the seat of political power, and the legislature, as the democratic element which expresses the will of the majority, but also groups and institutions that have the might and will to impose themselves as oligarchies. Mixed government is also the form of government that is practised by most developed contemporary constitutional states: USA, UK, France, Switzerland, Germany etc. European nobility is the original aristocratic institution, by virtue of the fact that it was a system for the transfer of both virtue and general conditions of life. Three institutions that emerged in the late Middle Ages assumed structures and functions of the nobility. + The first is the clergy. When, as a result of the differentiation of feudal society ethical and intellectual virtues of the nobility could no longer maintain general conditions of life, the clergy, by virtue of their abstract knowledge that ranged from philosophy and theology to law and medicine, became a class of new experts in generalities and thereby a new aristocracy. The second modern aristocratic institution is the judiciary, which has a structure and function similar to earlier aristocracies. The task of judges is to establish the highest virtue o constitutionalism. It is justice by law, which regulates general conditions of life in the state and society. What qualifies judges for the task is expertise in the new generality. The expertise includes not only education and experience in law but also impeccable private life and demonstrated professional ethics. + The third modern aristocratic institution is the profession, whose most important instance is the legal profession. It shares its structure and function partly with the judiciary and partly with other professions. It seems that modern professions are degenerating. In the key area of data processing, due to rapid changes of technology, professions as systems of the transfer of virtue do not even seem to be possible. Professional aristocracies are replaced increasingly by oligarchies of capitalists and technocrats. (SOI : PM: S. 111)

The paper discusses the role of the European Parliament in the inter-institutional quest for power on the ground of the effectiveness of its control over the supra- national institutions and bodies with the intelligence function as well as in the protection of the right to privacy. The starting assumption is that, despite the Lisbon reform, the powers and jurisdiction of the European Parliament are still quite limited with a view to oversight of the EU policy implementation and the performance of the EU institutions, respectively. The author examines the following cases: the recently revealed practice of massive electronic surveillance of the EU citizens' communication, the unselective processing of personal data, and the semi-secretive set up of a supranational intelligence function out of the MEPs' reach. The analyzed cases show that the European Parliament's control powers are weak when it comes to the issues that demand a narrow technical expertise, but still can endanger civil rights. The author concludes that the protection of the right to privacy can indicate the real power of the Parliament in future dynamics of the supranational institutional framework.

The Ministry of Science of the Republic of Croatia decided on a new "Rule book of definition of scientific areas". By the "Book", politology is a scientific field in the area of social sciences. The field is divided in three branches: 1. politology, 2. theory and history of politics, 3. political philosophy. The author of this article shows by documents how the "political science" is quite differently structured by IPSA and APSA, and describes 120 years of dominantly American development of "political science" and of professions of political scientists which brought out a recent new world standard with around 100 subdisciplines and areas of expertise which are structured in 8 fundamental disciplines: 1. political institutions, 2. political behaviour, 3. comparative politics, 4. internationa relations, 5. political theory, 6. public policy and public administration/management, 7. political economy, 8. political methodology. The author points out that a voluntaristic intervention in the definition of scientific areas could mean an attack on development of science, research organisation, renewal of teaching staff on University, and on academic education of political scientists, as well as on internationally comparable competence of Croatian experts, and Croatian democratic political thought and political culture in general. (SOI : PM: S. 240)

The author describes the basic features of the work in the Journalistic Workshop as a specific format of promoting journalistic knowledge and skills. After the two-year collaboration of three generations of young journalists with a group of Croatian and foreign media experts, a survey was conducted about the usefulness of this Workshop. The results are included in this article. The central conclusion is that a big majority of the participating journalists highly appreciated the knowledge gained through it. Particularly encouraging is the fact that most respondents have been able to use this knowledge regardless of the type of media they are working for (whether those state-controlled or opposition-controlled). The participants think that the responsibility for the impossibility of using the professional standards in journalism lies with "editors afraid of any changes" or "owners weary of any changes". The respondents included young journalists with little work experience, mostly undergraduates. These facts are significant for their attitudes about the professional training within the Workshop or some other form of training. All of them want to learn and enhance their professional expertise. Also, the Workshop served as an incentive for the participants: after the three-month journalistic training, eight of them enrolled at the Faculty of Political Science, Department of Journalism. (SOI : PM: S. 227)

The modern state administration and its bodies and special organizations should act in the field of the rule of law. It is a term that originates from the Anglo-Saxon legal world, but it is also a category and a principle of the Constitution of Serbia from 2006. The paper points out the different understandings of the rule of law and briefly looks at the position of the administration or the phase in its historical course until its subsumption under the principle of legality. In Serbia, state administration bodies consist of ministries, administrative bodies within the ministry and special organizations. Administrative or special organizations are formed by the state in order to perform professional and related administrative tasks. In order to permanently and unhinderedly perform the professional work of these organizations, they can act authoritatively. Special organizations have numerous and diverse administrative powers. The paper points out both the similarities and differences of special organizations in relation to administrative bodies. A review of the activities and organizational structure of all special organizations (secretariats, institutes, directorates and one center) established by the Law on Ministries from 2020 was performed. It was also pointed out that all institutes: the Republic Institute of Statistics, the Republic Hydrometeorological Institute, the Republic Geodetic Institute and the Intellectual Property Institute are special organizations that provide services to interested parties. In one part of the final considerations, the author states that for special organizations (as part of the state administration) it could be concluded that they really operate in the field of rule of law as an order with positive properties as characterized by the Constitution, it is necessary to strictly respect the principles organization of state administration prescribed by the Law on State Administration: independence and legality; expertise, impartiality and political neutrality, effectiveness in exercising the rights of the parties, proportionality and respect for the parties; publicity of work. ; Published

Јавна управа, као и начин на који она обавља своје послове, доживела је велику трансформацију у последњих тридесет година услед значајних глобалних политичких, правних и економских промена. Важан аспект управних реформи представља широко распрострањено коришћење јавних агенција као облика организације управе, у циљу обављања растућег броја послова који захтевају висок ниво специјализованих знања. ; Public administration organisation and the performance of public tasks have significantly altered over the past 30 years through global political, legal and economic change. An important aspect of the administrative reforms is the widespread use of public agencies as a model of administrative organisation to perform an increasing number of specific tasks requiring high levels of expertise. This PhD thesis analyses the agencification of public administration and the specificities of the process in the field of environmental protection at the European level and in Serbia. The main focus of the research is on the legal aspects of the phenomenon, namely the regulatory functions of agencies at the European level: their interaction with other relevant bodies and actors in the regulatory process; their performance of different administrative tasks (including inspections); and their decision-making roles. The thesis examines specific aspects of the agencification process, the transformation of Serbian public administration in the context of European integration, and the influence this transformation has had on environmental governance. The goal of the research is to examine the evolution and current position of environmental agencies in the European Union's and Serbia's legal orders, to analyse the agencies' interaction with complex administrative arrangements developed at the supranational level, and to argue for enhancing their independence and (regulatory) competencies. The further goal is to contribute to legal scholarship on agencification at national and supranational levels, and especially in the field of environmental protection. The thesis consists of the introduction, three parts and the conclusion. The introduction frames and contextualises the research topic, goals and scientific relevance, and it provides a methodological framework. Part one examines the agencification process primarily at the European level but also nationally. The thesis draws attention to EU-level agency position, typology and administrative decision-making, which are highlighted as challenging issues for legal analysis.