Izborne reforme i konsolidacija stranačkog sustava u Ukrajini
In: Politička misao, Band 51, Heft 2, S. 29-51
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In: Politička misao, Band 51, Heft 2, S. 29-51
World Affairs Online
In recent years, the violation of the principles that guarantee the respect of democratic norms and institutions has placed Serbia into the category of deficient democracies, and more recently in hybrid regimes. Since the beginning of the transition, the implementation of political and economic reforms in Serbia has been characterized by frequent shifts of periods with modest progress in the field of political and economic transformation with periods of stagnation and even backsliding in regards to the important reform segments. The indicators of political and economic reforms point to the strengthening of extractive institutions. Extractive institutions protect the economic and political interests of privileged groups to the detriment of the rest of society. This leaves fewer resources available to stimulate economic growth and job creation, with negative countereffects on the regime legitimacy and trust, which are crucial for the implementation of economic reforms. Serbia's failure to provide stronger economic growth is largely caused by extractive institutions that determine the business environment. The development of extractive institutions is indicated by the absence of a more even distribution of political power, weaknesses in the mechanisms of checks and balances, deficiencies in the sphere of the rule of law, widespread corruption, problems in the sphere of protection of property rights. The transitional developments in Serbia can be regarded as a historical heritage that adapts to the current social environment and has a great impact on institutional performance and democratic consolidation. Prolonged exposure to extractive institutions creates a cumulative effect of institutional learning, where individuals become vulnerable to political abuse, dependent on the state and unwilling to use political mechanisms of government accountability, contributing to a vicious circle of extractive political and economic institutions. Identifying the mechanisms of such accumulation, which include prolonged exposure to extractive institutions, as well as the transmission of cultural patterns from older generations who have long experience with extractive institutions, is a complex research task.
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The development of both conventional and written legal rules that were governing the roots of the administration, has run in parallel with the development of the country. The development of legal state was going parallel with the development of constitutional state. The legal state can not be imagined without pandering Administration under the law, but precisely because of it stems judicial control of management, which is necessary for the full realization of the principle of legality and the protection of rights and legal interests of citizens. Administrative action presents a means to protect the rights and interests of citizens, but on the other hand it is also an effective tool for ensuring the legality of administrative operations. Pandering administration under the law is linked to the French Revolution from 1789, in this respect, France is a country that is the first to introduce an administrative dispute. The development of an administrative dispute in France can be followed through the occurrence and development of the State Council, which was formed during Napoleon time in 1799. The legal institutionalization of the administration is not done in the same way everywhere, in that sense we distinguish two big legal systems, Anglo-Saxon and European-continental. In Anglo- Saxon law legal institutionalization of the administration included the procuring administration under the legal norms of general law, management control exercised by courts of general jurisdiction. In the European-continental law legal institutionalization of the administration departs from pandering Administration under the legal standards that belong to a specific branch of law administrative law. In the European- continental system there is a difference between private and public law, and an important part of the legal regime are special administrative courts. The development of an administrative dispute actually juridical control of administration in Serbia can be traced back to the second half of the 19th century. Although Serbia has created very early the State Council following the example of France, in a formal sense the administrative dispute in Serbia was fully introduced by the Constitution from 1869. At our place administrative activities are controlled by the courts, which are an integral part of the judiciary and acting under special rules, rules of administrative law. Depending on the positive law of certain countries, the subject of administrative dispute is defined broadly or narrowly. According to French positive law the subject of administrative dispute may be not only single authoritative legal acts of administration, but also the general acts of administration - implementing regulations issued by the administration, as well as administrative objections. According to French positive law the subject of administrative dispute is defined very broadly, unlike the German and Austrian positive law, where an administrative dispute can not be conducted against all acts of general administration. Regarding that in the comparative law we meet a number of different solutions, we believe that in our country we should choose the one that would be the best way to provide protection for the rights of citizens. We lead the administrative dispute in the first place about the legality of final administrative act against other individual legal acts because of the silence of administration, and it may be decided on the request for the return of items and damages. The results of scientific studies will confirm the importance of the need that the subject of the administrative procedure should be complied with the case of an administrative dispute. All acts adopted in the administrative procedure should have directly open the way so the control of legality can be accomplished in administrative proceedings in front of the competent administrative court. What is certainly a major challenge is a control of the legality of administrative contracts. Extended subject of administrative dispute will strengthen the position of the parties in the administrative procedure, in order to guarantee them the quality of court protection in front of the Administrative Court.
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Recent theoretical and empirical research in economic science and other social sciences has indicated a growing interest in the interdependence of social capital and public governance. The aim of the paper is to identify the basic channels and mechanisms for the contribution of social capital to the quality of public governance, based on the analysis of the interdependence of social capital and public governance. The subject of this doctoral dissertation is social capital as a determinant of the quality of public governance. Statistical methods - regression and correlation analysis - were applied to determine cause and effect relationships between the investigated phenomena. The analysis covers selected transition economies (10 Central and Eastern European countries: Hungary, Poland, Czech Republic, Slovakia, Estonia, Latvia, Lithuania, Slovenia, Bulgaria and Romania, as well as the Republic of Serbia) for the two comparative time series relating to 2010 and 2016. year. The results of correlation and regression analysis confirmed the starting hypothesis that there is a relationship of interdependence between social capital and public governance. In addition, selected theoretical and empirical research has shown the validity of hypotheses that a higher level of trust creates the conditions for the development of effective formal institutions, and that social participation influences the development of a more responsible and responsive public administration. Particular attention in this doctoral dissertation is also devoted to the analysis of the state of social capital and the performance of public governance in the Republic of Serbia. Also, the observed tendencies in the structure of public governance in the Republic of Serbia indicate the importance of combating corruption and strengthening the rule of law. The research findings in this doctoral dissertation represent a significant input to macroeconomic policy makers in transition economies and provide a basis for considering the importance of social capital and its individual components, as determinants of improving the quality of public governance.
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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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In: Međunarodni problemi: Meždunarodnye problemy, Band 64, Heft 4, S. 442-478
ISSN: 0025-8555
World Affairs Online
When in 2007, after the rejection of the Constitution for Europe in France and the Netherlands, European politicians defined their mandate to work on the Reform Treaty, they explicitly promised that 'the constitutional concept is . abandoned' and that 'the Treaty of European Union and Treaty on Functioning of the Union will not have a constitutional character.' In its Maastricht and Lisbon decisions, the German Federal Constitutional Court concluded that the European Union did not have a constitution since it did not have demos. The main purpose of this article is to prove the opposite. Accepting Weiler's argumentation that the EU is a political messianic venture par excellence, the author claims that, in addition to pursuing messianic goals, Europe's political elite has for a long time been streaming to root Political Messianism into democracy and position the EU in the global world. The main vehicle to transform the Community/Union from an international to a constitutional legal order has been constitutionalism. Starting from the French revolutionary Declaration, which declared civil rights and in Article 16 proclaimed 'a society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all,' the author has showed that the Union has an antirevolutionary, uncodified and evolutive constitution, whose elements are to be found in the Lisbon Treaty and its related documents, the jurisprudence of the European Court of Justice, and to some extent in the constitutional orders of the Member States. The European constitution does not mirror a national constitution in the sense that it is attributable to the people, nor it is a revolutionary product aimed at limiting the government in the name of individual freedom. It is a rule of law-oriented type of constitution, born in the process of constitutionalization and aimed at submitting public power to law on the Union level. From the perspective of modern constitutionalism, the quality of this constitution is a matter of concern, since it has managed to connect the rule of law with the protection of human rights, but has failed to do the same with regard to democracy. Despite some efforts to entrench the democratic principle in the Lisbon Treaty, the present crisis in the Union is to a great extent the result of this failure. The fact that democratic defects at the Union level appear less visible when pitted against the state of affairs in national constitutional systems cannot mitigate this failure. Yet, assuming that the EU will survive the present crisis and having in mind that the Union is 'work in progress', the issue which still remains open is whether the future efforts to eliminate the defects of the European Constitution should be tied to traditional ways of thinking about democratic accountability within nation states, or one should stop thinking in terms of a Westphalian nation-state, and accept that transnational systems can provide a cure for democratic failings in ways that differ from traditional postulates of democracy.
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In: Politička misao, Band 47, Heft 2, S. 159-180
World Affairs Online
Oвa диcepтaциje ce бaви законодавнoм функцијoм паpламентa и њeгoвим oднocoм ca дpyгим кoнкpeтним инcтитyциjaмa, кoje пpeyзимajy oд парламента пoвjepeнe мy надлежности, yзpoкyjyjyћи њeгoвy мapгинaлизaциjy. Oвaj пpoцec ниje нoв, aли пocтaje cвe комплeкcниjи. Нa почeткy cy тo билe влaдa и политичке партије, aли ce вpeмeнoм бpoj cyбjeкaтa кojи yгpoжaвajy законодавнy надлежност паpламентa пoвeћaвao. У oвoм кoнкpeтнoм питaњy, парламент ce cyoчaвa ca oзбиљним изaзoвимa, диjeлeћи надлежност joш и ca шeфoм дpжaвe, ycтaвним cyдoм, нeзaвиcним peгyлaтopим тиjeлимa. Нaжaлocт, тy ниje кpaj. Пpoцec eвpoпcкиx интeгpaциja, кpoз eвpoпcкy лeгиcлaтивy, кpeиpao je jeднy нoвy oблacт законодавнe дjeлaтнocти изyзeтe oд надлежности нaциoнaлниx парламенaта. Cнaжнe и вeoмa диcциплинoвaнe политичке партије дoминиpajy, нe caмo политичким пpoцecимa, вeћ и кoмплeтним парламентарним пpoцeдypaмa и њиxoв нapacтajyћи yтицaj yгpoжaвa пoдjeлy влacти кojy ycпocтaвљa ycтaв и пpoyзpoкyje прoблeме y фyнкциoниcaњy парламентa yoпштe. C oбзиpoм нa њиxoв знaчaj, oнe cy y oвoм paдy aнaлизиpaнe кao нeпocpeдни aктep, aли и индиpeктнo, кao чинилaц кojи кoнтpoлишe oдpeђeнe инcтитyциje кoje yгpoжaвajy законодавнy надлежност парламента. Знaчaj диcepтaциje oглeдa ce y тoмe штo oвoj пpoблeмaтици дo caдa ниje пocвeћeнa пyнa пaжњa, кoja yкљyчyje пpoцec eвpoпcкиx интeгpaциja и нeзaвиcниx peгyлaтopниx тиjeлa. Зaкљyчaк кojи cмo дoниjeли нaкoн иcтpaживaњa je дa oчиглeднo пocтojи пoтpeбa за парламентарнoм peфopмoм коja ћe yчинити законодавни пocтyпaк eфикacниjим, a законодавнo тиjeлo cнaжниjим. Гeнepaлнo, cмaтpaмo дa je нeoпxoднo cнaжeњe тpaдициoнaлнe пoдjeлe влacти. Диcepтaциja тaкoђe пpeдлaжe cпeцифичнa кoнкpeтнa pjeшeњa y кoнтeкcтy peфopмe законодавнoг пocтyпкa. ; Ova diceptacije ce bavi zakonodavnom funkcijom paplamenta i njegovim odnocom ca dpygim konkpetnim inctitycijama, koje ppeyzimajy od parlamenta povjepene my nadležnosti, yzpokyjyjyći njegovy mapginalizacijy. Ovaj ppocec nije nov, ali poctaje cve komplekcniji. Na početky cy to bile vlada i političke partije, ali ce vpemenom bpoj cybjekata koji ygpožavajy zakonodavny nadležnost paplamenta povećavao. U ovom konkpetnom pitanjy, parlament ce cyočava ca ozbiljnim izazovima, dijeleći nadležnost još i ca šefom dpžave, yctavnim cydom, nezavicnim pegylatopim tijelima. Nažaloct, ty nije kpaj. Ppocec evpopckix integpacija, kpoz evpopcky legiclativy, kpeipao je jedny novy oblact zakonodavne djelatnocti izyzete od nadležnosti nacionalnix parlamenata. Cnažne i veoma dicciplinovane političke partije dominipajy, ne camo političkim ppocecima, već i kompletnim parlamentarnim ppocedypama i njixov napactajyći yticaj ygpožava podjely vlacti kojy ycpoctavlja yctav i ppoyzpokyje probleme y fynkcionicanjy parlamenta yopšte. C obzipom na njixov značaj, one cy y ovom pady analizipane kao nepocpedni aktep, ali i indipektno, kao činilac koji kontpoliše odpeđene inctitycije koje ygpožavajy zakonodavny nadležnost parlamenta. Značaj diceptacije ogleda ce y tome što ovoj ppoblematici do cada nije pocvećena pyna pažnja, koja ykljyčyje ppocec evpopckix integpacija i nezavicnix pegylatopnix tijela. Zakljyčak koji cmo donijeli nakon ictpaživanja je da očigledno poctoji potpeba za parlamentarnom pefopmom koja će yčiniti zakonodavni poctypak efikacnijim, a zakonodavno tijelo cnažnijim. Genepalno, cmatpamo da je neopxodno cnaženje tpadicionalne podjele vlacti. Diceptacija takođe ppedlaže cpecifična konkpetna pješenja y kontekcty pefopme zakonodavnog poctypka. ; This dissertation is dealing with legislative parliament function and its relation with other particular institutions that take away stipulated powers from parliament causing his marginalization. This process is not new but it"s become more complex to deal with. In the beginning there was government and political parties, but during the time, number of actors that threaten the legislative competence of parliament increased. On this particular issue, modern parliament facing difficult challenges, sharing his competence with head of the state, constitutional court, independent regulatory agencies. Unfortunatelly, that is not the end. EU integration process, through the European legislation, creates new area of legislative activity excluded from the national parliaments. Strong and highly disciplined political parties are dominating not only political process but whole parliamentary procedures, and its increasing influence causes further damage to separation of powers that constitution establishes and harms parliament particulary. Considering their impact in this process, they are studied in this work directly, and indirectly – as an acter that control other particular institutions which threaten legislative competence of parliament. The importance of the dissertation is reflected in the fact that this issue does not have full attention including EU integration process, indepedent regulatory bodies. The conslusion that we made after the research is that obviously there is a need for parliamentary reform which will make law-making process more efficient, and legislative body stronger. Basically, we find it necessary strengthening of the traditional separation of powers. Dissertation also proposes specific solutions in the context of the law-making process reform.
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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.
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The monetary policy of Bosnia and Herzegovina is rather limited because it is based on the principles of a currency board characterized by the impossibility of implementing the basic monetary policy instruments in comparison with the monetary policy of the European Union. However, the constant presence of European integrations should point the need for a more drastic change in the monetary policy of Bosnia and Herzegovina. By entering the European Monetary Union (EMU), the monetary territory of Bosnia and Herzegovina will become one of the branches of the European Central Bank (ECB). In addition, it is not difficult to conclude why the Law about the Central Bank of Bosnia and Herzegovina has been adopted with the first laws of the Dayton Agreement, if it is known that the largest part of the banking system, and therefore the financial market, is owned by foreign banks. This work will point out the significance of the Central Bank of Bosnia and Herzegovina, as one of the most important factors for maintaining the permanent liquidity of the banking sector in Bosnia and Herzegovina. The possibilities and limitations of the Central Bank of Bosnia and Herzegovina will be determined, with the assumption of macroeconomic sustainability over a longer period of time. The need of reforming the banking system in Bosnia and Herzegovina will be analyzed through the constant implementation of the Basel standards with the increasing participation of foreign banks in the Bosnia and Herzegovina. It will be determined the impact of the implementation of the Basel III in the banking industry in Bosnia and Herzegovina and its consequences on the banking and economic system.models, on the ways of financing the elimination of adverse consequences of natural disasters. ; Monetarna politika Bosne i Hercegovine je prilično ograničena, jer se temelji na principima valutnog odbora kojeg karakteriše nemogućnost sprovođenja osnovnih instrumenata monetarne politike u poređenju sa monetarnom politikom Evropske unije. Međutim, stalna prisutnost evropskih integracija bi trebala da ukaže na potrebu za drastičnijom promijenom monetarne politike Bosne i Hercegovine. Ulaskom u Evropsku monetarnu uniju, (EMU) monetarno područje Bosne i Hercegovine postaće jedna od filijala Evropske centralne banke (ECB). Pored toga, nije teško zaključiti zašto je među prvim zakonima od Dejtonskog sporazuma usvojen Zakon o Centralnoj banci Bosne i Hercegovine, ako se zna da je najveći dio bankarskog sistema, a time i finansijskog tržišta u vlasništvu stranih banaka. U radu će se ukazati na značaj Centralne banke BiH, kao jednog od najbitnijih faktora održavanja permanentne likvidnosti bankarskog sektora u Bosni i Hercegovini. Determinisaće se mogućnosti i ograničenja Centralne banke BiH, uz pretpostavku makroekonomske održivosti na duži vremenski period. Analiziraće se potreba reforme bankarskog sistema u Bosni i Hercegovini kroz stalnu implementaciju Bazelskih standarda uz sve veće učešće stranih banaka u finansijskom sistemu BiH. Odrediće se uticaj implementacije bazela III u bankarstvo BiH i njegove posljedice na bankarski i ekonomski sistem.
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The issue of security in the new social and political context has not stopped attracting the attention of strategic security studies, this time with the emphasis on contemporary concepts in response to non-military security issues, such as demographic changes or environmental degradation. It is obvious that we live in a world of fundamental political and economic changes in relations between states and non-state actors. Instability, military threats and conflicts are back in the focus of security policy, although in a completely new way that requires new understanding and a new attitude towards these categories, as well as a new response from the state and especially from the international community towards these kinds of threats or the use of force in a post-Cold-War order. In order to create a system in which all countries can function under the same rules, act in accordance with them and react in certain situations in compliance with those rules, it was necessary to create a single system of collective security. This system is a good basis for all countries to react according to the same rules and standards in certain situations when their safety is compromised. Integration processes and collective security are constants of a modern society and every country seeks to become a part of a specific system, whether it be a security-based, political or economic framework of integration. The main factor that was very important for the member states of NATO was the disappearance of the key danger coming from the East in the form of the Soviet Union and the Warsaw Pact. On the other hand, the issue of NATO's existence and future arose, as did the issue of justifying its existence, bearing in mind the absence of threats and enemies that might jeopardize the Western world. Academia and a number of scholars believed that NATO would cease to exist. For them the existence of such an alliance no longer made any sense, and they thought that it would be best for all the member states to stop being a part of such an Alliance. vi By the Declaration of Independence adopted by Parliament on June 3, 2006, Montenegro clearly committed itself to Euro-Atlantic Integration. Montenegro's membership of NATO and the EU is one of the foreign policy priorities of the Government of Montenegro. At a time when all South-East European countries are included in the Euro-Atlantic integration process, Montenegro's commitment to becoming a part of the regional and international security system (UN, NATO, EU, and OSCE) is a realistic and the best solution for achieving long-lasting stability and prosperity in the region. Montenegro's strategic goal is to build a modern and functional security system that has the ability to respond in the most efficient manner to the challenges, risks and threats to the state. For every country, the Constitution is the basis of its future path towards the democratization of the society and membership of international organizations. As the supreme law of the country, it is necessary to include all the standards that will clearly indicate the commitment of the state to the direction it wants to go, how it will develop, and which principles related to human rights and freedoms it must have. The Constitution of Montenegro does not question in any of its parts Montenegro's commitment towards membership of NATO and the EU. This is very important not only from a constitutional point of view, but also from the point of view of the international standards and norms that apply in other countries and represent the democratic standards of developed countries. Also, in this way Montenegro as a country demonstrates that despite any possible change of government it will remain committed to the European and Euro-Atlantic integration processes. At this moment, this determination is very important, bearing in mind all other aspects that could potentially affect Montenegro's path towards the Euro-Atlantic family. Consideration of the changing security environment in Europe and worldwide, as well as the improvement of the security situation by a number of Eastern European countries entering the EU and NATO, which inter alia required a reform of their defense systems in accordance with NATO standards, raises the issue of the future use of the defense capacities of Montenegro. ; The issue of security in the new social and political context has not stopped attracting the attention of strategic security studies, this time with the emphasis on contemporary concepts in response to non-military security issues, such as demographic changes or environmental degradation. It is obvious that we live in a world of fundamental political and economic changes in relations between states and non-state actors. Instability, military threats and conflicts are back in the focus of security policy, although in a completely new way that requires new understanding and a new attitude towards these categories, as well as a new response from the state and especially from the international community towards these kinds of threats or the use of force in a post-Cold-War order. In order to create a system in which all countries can function under the same rules, act in accordance with them and react in certain situations in compliance with those rules, it was necessary to create a single system of collective security. This system is a good basis for all countries to react according to the same rules and standards in certain situations when their safety is compromised. Integration processes and collective security are constants of a modern society and every country seeks to become a part of a specific system, whether it be a security-based, political or economic framework of integration. The main factor that was very important for the member states of NATO was the disappearance of the key danger coming from the East in the form of the Soviet Union and the Warsaw Pact. On the other hand, the issue of NATO's existence and future arose, as did the issue of justifying its existence, bearing in mind the absence of threats and enemies that might jeopardize the Western world. Academia and a number of scholars believed that NATO would cease to exist. For them the existence of such an alliance no longer made any sense, and they thought that it would be best for all the member states to stop being a part of such an Alliance. vi By the Declaration of Independence adopted by Parliament on June 3, 2006, Montenegro clearly committed itself to Euro-Atlantic Integration. Montenegro's membership of NATO and the EU is one of the foreign policy priorities of the Government of Montenegro. At a time when all South-East European countries are included in the Euro-Atlantic integration process, Montenegro's commitment to becoming a part of the regional and international security system (UN, NATO, EU, and OSCE) is a realistic and the best solution for achieving long-lasting stability and prosperity in the region. Montenegro's strategic goal is to build a modern and functional security system that has the ability to respond in the most efficient manner to the challenges, risks and threats to the state. For every country, the Constitution is the basis of its future path towards the democratization of the society and membership of international organizations. As the supreme law of the country, it is necessary to include all the standards that will clearly indicate the commitment of the state to the direction it wants to go, how it will develop, and which principles related to human rights and freedoms it must have. The Constitution of Montenegro does not question in any of its parts Montenegro's commitment towards membership of NATO and the EU. This is very important not only from a constitutional point of view, but also from the point of view of the international standards and norms that apply in other countries and represent the democratic standards of developed countries. Also, in this way Montenegro as a country demonstrates that despite any possible change of government it will remain committed to the European and Euro-Atlantic integration processes. At this moment, this determination is very important, bearing in mind all other aspects that could potentially affect Montenegro's path towards the Euro-Atlantic family. Consideration of the changing security environment in Europe and worldwide, as well as the improvement of the security situation by a number of Eastern European countries entering the EU and NATO, which inter alia required a reform of their defense systems in accordance with NATO standards, raises the issue of the future use of the defense capacities of Montenegro.
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