Suchergebnisse

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.

Different parts of State territory on land, sea and in the airspace are explained first. The concept of territorial sovereignty is envisaged through principles of its all-inclusiveness and its exclusivity, subject to many exceptions and restrictions imposed either by rules of general international law or by specific treaty obligations that can be assumed by a State. The concept of State servitudes was not assimilated in the practice of international courts and tribunals. Besides, it can be the cause of some misconceptions and confusion in public international law. Within the explanation of territorial boundaries are discussed the so-called natural boundaries such as boundary rivers and lakes and mountain boundaries, as well as the artificial boundaries. Follow explanation of the principle of "uti possidetis, of procedures of fixing boundaries and of special legal scope of boundary treaties in international law. (SOI : PM: S. 74)

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)

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.

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)

Projects on the establishment of world peace in the late Middle Ages were initially marked by religious views on the world. Christian church was the subject of war and peace and it did not make differences among peoples. It had universal aspirations. This dogmatic comprehension will be abandoned by the appearance of national states where the state becomes subject of war and peace. A division among nations appears and the possibility of their mutual recognition. In that way relations among states are being regulated from the point of view of international relations. His basic principle becomes the one of sovereign equality, this could happen after the termination of religious wars which got its peak by Westphalia peace. Starting from Dubois, Podjebrady, Penn, Duke of Silly, via Hobbes, Grotius end Puffendorf, it will be possible to determine how changes in society political systems and way of production influenced the developments of ideas on perpetual peace. The achievements of these thinkers were revolutionary and were still valid. It is worth mentioning the principles of sovereign equality of states, the presence of realism in international relations and the existence of judicial institutions such as the International Court of Justice.

Direct elections for regional heads by the people began after the issuance of Law no. 32 of 2004 concerning Regional Government. After the implementation of direct regional head elections by the people for 12 years, there were pros and cons regarding the implementation of direct regional head elections so that Law No. 22 of 2014 concerning the Regional Head Election in a representative manner by the DPRD which was later canceled through Government Regulation in Lieu of Law (Perpu) No. 1 of 2014 concerning Direct Regional Head Election by the People. The issuance of a Government Regulation in Lieu of a Law is intended so that democracy at the regional or local level can develop where regional people can directly elect their leaders at the regional or local level. This research is a normative legal research where the focus of the study is the norms contained in Perpu No. 1 of 2014 which returns the regional head elections directly elected by the local people. This research approach uses a qualitative juridical approach, namely examining from the legal side in addition to providing explanations regarding the considerations issued by the president's Perpu and the public's response to direct regional head elections. The purpose of this study is to determine the process of regional head elections that are directly elected by the local people so that the development of democracy at the local level can run well. The results obtained from this research are that direct regional head elections by the local people reflect more of a democratic nature than through representation and are in accordance with the wishes of the constitution that sovereignty is in the hands of the people.

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)

In this paper, the author points to the outdated textbook classification of states into three groups, according to whether they have carried out the codification of administrative procedure or not. The first group includes the states that have administrative procedures fully codified. The second group comprises the states with the so-called mixed systems, which have uncodified procedural regulations related to the administration, while the third group contains a few states that do not have administrative procedural regulations at all. The author analyzes recent changes in this highly dynamic field in order to specify general patterns, common characteristics and peculiarities of regulations of general administrative procedure in contemporary states. The paper especially points to the general acceptance of the concept of administrative act but also underscores the differences in its content in various legal systems. The author has identified and analyzed some smaller standalone trends, such as: the increasing complexity of administrative procedures along the lines of judicial procedures, and the most recent deviations from this trend; the increasing presence of administrative contracting and other forms of alternative dispute resolutions of administrative matters; and the growing insistence on the principle of citizens' participation in administrative proceedings. The goal of the analysis is to determine the degree of influence of the Global and European administrative law on the national regulations, to explore the activities of certain expert organizations bringing together a number of experts in the field of comparative administrative law, and to discuss the course of the latest regulations in this area.

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.

The author analyses Schmitt's and Luhmann's theory of democracy and the constitutional state. By comparing them, he concludes that Schmitt's critique of the democratic pluralistic state has ended in the theory of direct or plebiscitary democracy in which the constitution is subject to an unpredictable will of political majority which can change it wilfully in line with the power relations. Luhmann, on the other hand, starts from the assumption of the separation between law and politics and builds his concept of the constitutional state on the bipolar differentiation and the mutual checks between law and politics. The author concludes that Luhmann does not give up on Hobbes' pessimistic conviction that human nature is bestial; he only offers a different strategy for the coexistence of cultured savages. (SOI : PM: S. 67)