Suchergebnisse

In his main oeuvre from the field of political philosophy ('Basic Traits of the Philosophy of Right'), Hegel wished to reconcile civil society with state. Civil society is for Hegel the way of abstract notion of property concretization. Subjective form of property is evolutioning into objective relationships among title holders. It is in the state where the will is set free from its particular interests and is becoming free in the widest sense of the word. Since civil society is established as per marketing principles, it is subject to inequalities. Since inequalities bear destructive effect on the life in community, civic particularism may be overcome only in institutional way. That institution is the state as the 'seriousness of the spirit', and the essence of civil society. Civil society is a liberal one, and the state is based on liberal principles. For Hegel, contrary to Hobbes and Locke, liberal society is not a social contract among individuals who possessed some natural rights (property), but reciproque and equal agreement among citizens and states which wish to recognize themselves mutually. It is not an own interest, but searching for rational recognition. The same as citizens, states also wish to reconcile themselves mutually, what in the situation in Kosovo and Metohia alike gets the original form.

The author distinguishes between the antiquity's and Middle Ages' teachings on natural law and justice as a virtue and the modern-age Hobbes' theory of the prerequisites of the legal system. Hobbes' theory identifies the prerequisites of the legal system and describes the institution of legal constraint which guarantees the rule of law. The author points to the central historical difference between these paradigms. Finally, the author traces the evolution of Hobbes' paradigm in Kant's philosophy of right. (SOI : PM: S. 276)

What are the doctrinal implications of international responses to the demise of the Socialist Federal Republic of Yugoslavia (SFRY)? Faced with harshly conflicting internal visions of Yugoslav self-determination, the international order - taking direction from the Badinter Commission - reacted in an essentially ad hoc manner against the most manifestly virulent of the competing ethno-nationalisms. In ascribing international legal status to a particular set of constitutionally-established internal boundaries, the Badinter Commission gave a rationale that masked rather than highlighted its departure from existing doctrine, seeking thereby to minimize any implications for the future of sovereignty and s elf-determination. Any effort to invoke the Badinter Commission judgments as evidence of a broader doctrinal transformation, attributing international legal personality to constitutionally-delineated sub-national units more generally, neglects the peculiar context of those judgments and threatens to lend undue support to externally-promoted secessionist projects. Adapted from the source document.

The author argues that in the debates about "democratic transition" of post- socialist societies the importance of development of state of law for the formation of democracy has not been sufficiently accounted for. The absence of state of law results in the formation of authoritarian structures of politi power which in the long run obstruct the process of democratization. Those structures include the concentration of political power in the hands of charismatic leaders, the transformation of political into economic power, the formation of clientelist structures, the development of a system of privileges and corruption, and the break-down of the state monopoly of the means of violence, resulting in the "refeudalization" of political power. In conclusion the author describes two developmental options for the post-socialist societies: the formation of a "Latin American" type of authoritarian-populist regimes or the gradual transformation towards a Western type of state of law and liberal democracy, initiated by the pressures from the international environment and internal forces. (SOI : PM: S. 85)

Pitanje prava drzava na samoodbranu je jedno od fundamentalnih pitanja medjunarodnog javnog prava. Ovo nacelo koji postoji koliko i samo medjunarodno pravo, formulisano je na univerzalan nacin sredinom proslog vijeka, i postoje mnogi pisani radovi o njegovoj izradi i tumacenju. Pozivanje na samoodbranu kroz cijelu istoriju je koristeno kao opravdanje za zloupotrebu sile od strane drzava van svojih teritorija. ; Question of right of states to self-defense is one of the fundamental questions of public international law. This principle, which exists just as long as public international law does, was formulated in universal manner by the mid 20th century and there are many written works on its formulation and interpretation. Invoking self-defense during the course of history was used as a pretext for the use of force by the states outside of its territories. Right of states to self-defense originates from customary international law. During antic and medieval times, principle of self-defense was linked to the theory of just war which was differently interpreted in different times. In the period between two world wars, still there was no absolute prohibition of the use of force in international relations so the principle of self-defense was linked to the right of self-help through use of different forcible measures: retorsions, reprisals, naval blockade, intervention and demonstration of naval power. Contrary to the period of League of Nations, mechanism of implementation of international law was centralized by the foundation of the United Nations because a single body – Security Council – was entrusted with the authority to determine when the use of force is allowed in international law. Article 51 of the United Nations Charter defines that the states have a right to individual or collective self-defense in case of armed attack on the UN member state. This right is considered legitimate until the Security Council has taken measures necessary to maintain international peace and security.

This article analyses the weaknesses of contemporary democratic orders which stem from the use of modern manipulation techniques employed by those who manage to win the trust for making the government in democratic elections. Contemporary democracies are under the threat of populist promises which are most often unrealistic. The combination of populism and democracy is usually a product of the powerlessness of political elites, i.e. political parties, in states to solve citizenry's most important problems – to increase the growth and development of the economic system, to introduce the rule of law, and to rehabilitate political institutions so they could rationally and efficiently function within the political system. Contemporary democracies are not equally developed, nor do they have equal chances for developing. The facts demonstrate how in many societies and states – formally oriented towards establishing a democratic governance and towards starting the democratisation of societal and political life – democracy gets misused and diminished to democratic phraseology with the help of populism, while in the institutional aspect being diminished to creating a façade of democratic institutions. It has been demonstrated that the patterns of dominance follow and are characteristic for democratic governances to a larger or smaller degree. The essence of democratic governance are politically responsible decisions, rather than mass participation in making political decisions which are not realistic, while being dangerous in terms of their consequences. Democracy means making good decisions for the benefit and good of all citizens, while hierarchy must not be challenged when it is necessary that institutions function in a rational and efficient way. Introducing equality where professionalism, competence and accountability are needed is devastating for the functioning of institutions, therefore for the functioning of democracy as well. Democracy can be tricked with the help of authorities'populism, as was the case with Nazi Germany. After Nazis took power, not all institutions of the Weimar Republic were dismantled nor challenged, nor was the Weimar Constitution changed. However – parallel to state authorities, Constitution and laws – dozens of new orders and laws were enacted, creating an illusion that nothing is changed in German state. What Nazis did was developing a new mechanism, party mechanism, parallel to the state mechanism. The two functioned next to each other. Such patterns lead to the parallelism of power and democracy, which usually led to the totalitarianisation of democracy. In contemporary states – especially those in the process of democratic transition – such parallelism shows how party leaders do not forfeit party leadership once they get elected to state offices. In that way democracies become submissive and captured by political parties, especially their leaderships and leaders. The relation of freedom and democracy has also been analysed. Experiences show that democracy is founded more successfully in places where people managed to gain their liberties, rather than in those places where democracy is yet to provide liberties to citizens. Dangers for democracy tied with the abuse of democratic conditions are being discusses in the last part of the article. Each condition necessary for the functioning of a democratic order can be simulated through manipulative ways. A special danger for contemporary democracies comes from circumstances in which those who come to power do everything so that society and state are riled by anti-political principles: indifference, fear and trepidation, and powerlessness. Anti-political principles jeopardise democratic order, and those who use them demolish democracy. Democracy is facing constant challenges and temptations for scraping democracy in the name of democracy.

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.

The term politics, from its origin until nowadays, has been closely related to coercion and effects of coercion. The first rulers were finding support in a belief in the divine nature of power, but since, in time, this belief faded, the solution was found in physical superiority of rulers. The development of politics as an activity by which a community can be governed instrumentally, conditioned its closer linkage to force. Politics was sometimes identified with force, and sometimes politics was using force as an instrument for taming the bullying by others. Undoubtedly, the man is a rational and instinctive being. Monopolization of bullying within political activity made it possible to place the force, depending on the circumstances, into the service of one or the other attribute of human nature. Integration processes in political, economic, military and other areas, significantly contributed to changing the role of a national state in its formerly inviolable spheres, even in those elements that are considered classic attributes of the state as an institution (sovereignty, independence, monetary policy, defense, state power legitimacy, etc). Does this power, which is 'taken away' from the national state, go away, through integrative processes with other international subjects, to some distant power and alienated centers, or does it, on the contrary, enter the corpus of political activity that strengthens its overall position? Without immersing into more profound analysis about what is closer to the truth, it is a fact that through integrative processes a number of 'state' activities is transferred to joint institutions. In the spirit of this paper, the most important institutions are those which decide about organization, preparing, functioning, and using of the state (interstate) power. Strategic solutions concerning these matters, are a part of domestic and intergovernmental policy. They are products of a great number of internal and external factors, starting from economic and institutional, to social and cultural-traditional, and to international.

In Croatia, the issue of the legal status of the sources of journalists' formation as well as the status of journalists who publish sensitive information is increasingly gaining prominence. This is a subject which includes elements of constitutional, media, labour, civil, and penal law. The essay is limited to people as information sources. The sources can be divided into internal and external. The rationale for the sources' confidentiality privilege lies in the fact that journalists serve public goals and their sources can find themselves imperilled. According to the author's classification, the risks of this privilege are faced either by the sources (direct or indirect manipulation, smear campaigns, misapprehensions) or by the journalists ("protecting" a fictional source, subsequent blackmail of the source, misapprehensions). In Croatia, the protection of the information sources is defined in Article 12 of the Law on Public Information. The author outlines the major comparative systems of regulation of this field, the examples of antinomies among different Croatian regulations (the principles for their resolution are also offered) and analyses the position of certain types of sources in relation to the Croatian law. And finally, the author compares the regulations of the Croatian law with the comparative systems, analyses the representation of certain forms of responsibility of certain types of subjects and lists the principles he deems most important regarding journalists' work (the necessity of protecting the sources, the responsibility of journalists towards their sources, the different legal statu of journalists and their sources, the protection of privacy, the verification confidentiality, the more dominant interest, the importance of administrative ethics, the familiarity with the regulations, the adequate legal definition of a secret). (SOI : PM: S. 228)

Монографија "Зграде школских и предшколских установа – методолошки оквир формирања типологије и побољшања енергетске ефикасности" представља теоретску подлогу рада и основне принципе истраживања којим су посебно обухваћени: историјски преглед развоја зграда школских и предшколских установа, развој регулативе ове области, методологија вршења пописа и формирања типологије зграда, принципи унапређења и прорачун потенцијалне уштеде енергије као и смањења емисије угљен-диоксида кроз процесе енергетске обнове зграда на нивоу Републике Србије. ; Monograph "School and Kindergarten Buildings- a methodological framework for the formation of typology and the improvement of energy efficiency" represents a theoretical basis of our work and basic research principles, especially covering the following: historical overview of the school and kindergarten buildings development, development of legislation in this area, methodology for taking inventory and forming the typology of buildings, improvement principles and calculation of potential energy savings and CO2 emission reduction via the processes of energy rehabilitation of buildings in the Republic of Serbia.