The Mediation Act has been applied in the Republic of Serbia since 2005. In the past period, the application of this Act has pointed out to a number of drawbacks and deficiencies in the system of resolving disputes through mediation. The dominant features of the current mediation system are some inadequate legal solutions, poor organization and insufficient preparation of the courts to internalize mediation, failure to provide relevant information about mediation to litigants and other participants in the judicial process, insufficient judicial training and education of lawyers and parties on mediation and other ADR methods, etc. Considering that the primary purpose of mediation is to diminish the litigation caseload and reduce the costs of court proceedings, the basic goal of introducing mediation into the Serbian legal system has not been accomplished. In order to improve the mediation system, the Serbian authorities launched a public debate in 2010 on designing a new legislative act which would eliminate the shortcomings of previous act and improve the efficiency of mediation. After nearly four years, the extensive debate and confrontation of different mediation concepts led to adopting a new Draft Mediation Act in 2013. As compared to the applicable 2005 Mediation Act, the Draft Mediation Act contains some innovations, such as the enforceability of a mediation agreement under specific conditions and the opportunity of introducing mandatory mediation in some cases. In this paper, the author analyzes the above issues on the basis of findings of economic theory and the results of the empirical study on the efficiency of mediation in Serbia in civil matters. In this context, the author argues that the achievement of the above objectives (to reduce the caseload and legal costs] calls for establishing a sustainable mediation system. In addition to instituting good legal solutions (such as mandatory mediation], the system should be supported by joint efforts and financial resources of responsible institutions and individuals. In a nutshell, mediation may come to life only if the legislative efforts are accompanied by a large-scale social action aimed at promoting this form of dispute resolution.
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.
Analysis of efficiency of (judicial) mediation in Serbia and other European countries (Italy, Switzerland, the Netherlands and Denmark) illuminates the causes of poor representation of this legal institution in our country. Analysis of mediation in Italy, culturally most closely resembling country to Serbia, indicates that a legalistic approach to the promotion and implementation of mediation, especially if it is heterogeneous, is not efficient. On the other hand, countries that have implemented a bottom-up approach ('first applied, and then regulate'), such as the Netherlands and Denmark, have developed efficient mediation system. Switzerland, a country that relied on an approach based on the promotion of culture of mediation, has a mediation system that has not been developed to the extent to the developed system of conciliation. In any case, the Italian experience has taught us that the regulation of mediation is not a sure path to success in the implementation of this legal institution; Swiss experience highlights the importance of developing a culture of peaceful settlement of disputes; Dutch and Danish experience emphasizes pragmatism in the promotion and implementation of mediation. Since Serbia lacks an efficient regulatory framework of mediation, culture of peaceful dispute settlement and pragmatism in implementation of this legal institution, it seems that the experiences, for the purpose of analysis, observed countries are more than useful.
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.
Freedom of expression enjoys a particular protection in the case-law of the European Court of Human Rights. According to the Court, freedom of expression constitutes one of the essential foundations of a democratic society, and one of the basic conditions for its progress and for the development of every man. Moreover, it is applicable not only to 'information' or 'ideas' that are favorably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population, since these are the demands of that pluralism, tolerance and broadmindedness without which there is no 'democratic society'. This high valuing of freedom of expression is particularly striking when it comes to the political speech, the free political debate being a distinctive feature of a democratic society. Nevertheless, the European Court considers that whoever exercises his freedom of expression undertakes 'duties and responsibilities', and that the freedom of political debate is undoubtedly not absolute in nature. More concretely, when the hate speech is at issue the Court underlines that the tolerance and respect of equal dignity of all human beings constitutes one of the essential foundations of a democratic and pluralist society, and that in a democratic society, in principle, it may be considered necessary to punish and even to prevent all forms of expression which propagate, incite, promote, or justify the hate based on intolerance. Taking into account the notion of prohibition of hate speech in the constitutional system of the Republic of Serbia, and the place of the European Convention on Human Rights in its hierarchy of legal sources, this paper follows the evolution of the European Court's case-law as to the understanding and definition of conditions under which it may be considered necessary in a democratic society to restrict freedom of expression because of hate speech. This legal standard - necessary in a democratic society, is then compared to the clear and present danger test, which has been developed for almost a century in the case-law of the Supreme Court of the United States of America, and which application is sometimes recommended in Europe.
The ultimate goal of game theory is to provide a theoretical model for strategic situations' analysis, i.e. for situations where one actor's choice depends on the behavior of other players in the game. As a concept, game theory is also applicable to the legal context. Legal dialectics and processes are often conducted in some form of strategic interactions. Game theory is a way to see how legal rules affect particular actors' behavior. International Economic Law has its own dynamics which makes the process similar to the analysis through the game theoretical tools. Therefore, the rules of international law are considered as the rules of the game that are taking place among different actors. Game theoretical considerations clarify the substance of the interaction and cooperation of players involved (states, international organizations and other actors). Game theory provides a basis for normative analysis of the issue of implementation of the rules of international law and improves understanding of those rules. The topic of the paper is the application of the game theory in the context of the legal framework established by the World Trade Organization. The member states' dilemma between using the advantages and liberalization options provided by the WTO on the one hand, and joining the regional trade agreements, on the other one, is strategic by nature. Therefore, game theory can contribute to understanding and resolving, using the game of 'prisoner's dilemma' as a model. It is the game which clearly shows that a group of rational egoists can end up worse than a group of actors that acts prima facie contrary to their own interests. 'Prisoner's dilemma' demonstrates why society and law has the need for coordination as well as mechanisms for co-operation. WTO member states put emphasis on the process of liberalization conducted in the framework of regional trade agreements (RTAs); at the same time, their participation in WTO negotiations is not effective and efficient enough to make a breakthrough in the multilateral framework. A solution of the game for Member States is not to cooperate: i. e, liberalization is primarily achieved through regional agreements rather than within the WTO. The rational decision of the Member States (opting for a regional approach) has resulted in a suboptimal result, which is a basic characteristic of the game model based on a prisoner's dilemma: in this case, the optimal solution would be cooperation through a multilateral framework (World Trade Organization).
The situation in Kosovo up to 1999, and all attempts which failed in order to find a just and lasting solution for that problem, have fully justified the above criteria for a lawful humanitarian intervention which was undertaken by the NATO forces against the territory of the Federal Republic of Yugoslavia. It seems, however, that the responsible persons in the NATO were not aware of the competence of the International Criminal Tribunal for the former Yugoslavia to investigate to prosecute persons responsible for use of prohibited arms and for destruction of some objects. Some of these unlawful acts constitute grave breaches of the 1959 Geneva Conventions and violations of laws and customs of war. In these circumstances it is the legal duty of the Prosecutor to undertake an investigation. In case that he fails in his duty, there are no statutory limits in respect of the crimes provided in the Statute of the Tribunal. (SOI : SOEU: S. 98f.) + Most legal writers in their writings confuse notions of humanitarian intervention, intervention of a State in order to protect its citizens abroad and humanitarian relief. The use of force for protection of citizens abroad, when they are in immediate danger of losing their lives or suffering serious injury, can exceptionally be justified by a state of necessity as regulated in article 33 of Drafts Article on State Responsibility by the International Law Commission. Further conditions for such an intervention are provided in the wording of the US State Secretar, Daniel Webster in the Caroline case of 1837, relating to the self-defence. Actions of humanitarian relief have nothing unlawful in their character, but a question can arise of the obligation of parties to a conflict to receive and allow its distribution to a who are in need. The 1949 Geneva Conventions and the First Protocol of 1977, provide in this respect a legal obligation of all parties to internation armed conflicts. Such relief actions can be imposed as obligation to parties to internal armed conflicts as well, by UN Security Council resolutions based on Chap. VII of the UN Charter. + In the view of this author there is no rule of positive international law granting a right to foreign States to intervene by force, either in protection of their citizens, or when a humanitarian intervention is required. The matter can only be of exceptional circumstances precluding wrongfulness of the use of force, which otherwise remains prohibited. When the matter is of humanitarian intervention, circumstances precluding the wrongfulness would, according to this author, be the following: (1) There should be a situation of systematic, repeated and widespread commission of international crimes by a State authority against its own citizens. Special problems are created to the international community by widespread practices of ethnic cleansing. (2) Such a situation constitutes itself a "threat to the peace" calling for an enforcement action by the Security Council according to the Chap. VII of the UN Charter. (3) In case that the Security Council fails in its primary responsibility of maintaining international peace and security and when there are no other means, a group of States or an organization can undertake a humanitarian intervention by use of force in order to stop the commission of crimes. In these circumstances it acts as de facto organ of the entire international community of States. (4) In these extreme and exceptional circumstances, States taking part in such an action cannot obtain any advantages in their profit. (5) Collective intervention by a single State acting in the name of several other States or an organization. However, even such an intervention should have priority over humanitarian intervention undertaken by a State acting in its o name. (6) It is self-evident that in performing a humanitarian intervention there should not be committed international crimes especially against protected persons, including civilian population
The war in Kosovo and Metohia was the result of a decade long tensions between ethnic Serbs and Albanians. It was led from the air in order to avoid more potential victims in case of land invasion. The end of war was the result of mutual concessions: from NATO side and the Serbian one. The sovereignty of FRY was not put into question, but a great autonomy of Kosovo was predicted including the possibility of independence acquisition (secession). The Resolution 1244 was not abolished, but it was being derogated in order to prepare the fundament of Kosovo independence. Serbian military-security forces were withdrawn from the territory of Kosovo and Metohia. NATO intervention was not legal from the point of view of international law, but it subordinated sovereignty to human rights. Intervention was justified in cases of humanitarian need. Event though humanitarian need (catastrophe) is taken as the basis for the intervention, the example of such kind could not be found in the past. So, Kosovo cases were qualified as sui generis one. Thus, the war in Kosovo became an example to be followed in the future, and an unresolved situation may become the threat to the peace and security in the surrounding countries. Democratic countries give themselves the right to interfere and intervene into internal affairs of others differently from the autocratic ones, which was supposed to be neither correct nor consistent. Kosovo conflict and war rattled global power structure, especially with China and Russia as new challengers of the USA power. Both countries are trying hard to reach USA, but they are still in transition with unstable financial systems, migrations and unresolved system of social protection. Regarding Kosovo conflict and war, they engaged themselves rather indirectly than directly. As Security Council permanent members they were voting against the independence of Kosovo, but did not involve themselves into the war directly. Kosovo war showed how China is backward regarding war technique, and Russia regarding financial engagement. In addition, China expected membership in WTO, and Russia a great financial assistance. Russia engaged in negotiations via the Contact Group. With the arrival of Putin, Russia could not engage in Balkan more militarily but only commercially due to the fact most Balkan countries entered NATO or Partnership for Peace Programme. Internal cohesion of Russia with centralistic governance was reinforced, and ethnic tensions were calmed down. The perspective of Russia is United Nations and commerce through pipeline.
virusnog porekla, čije pojavljivanje ima izuzetno veliki zdravstveni, socijalni i ekonomski uticaj. U mnogim delovima sveta, veliki napori i sredstva se ulažu u sprečavanje pojavljivanje bolesti i smanjenja ekonomskih troškova izazvanih KKS a sve u cilju njenog potpunog iskorenjivanja. Bolest se pojavljuje u većem broju zemalja Azije, centralne i južne Amerike, delovima Afrike i Evrope. Uspeh u iskorenjivanju postignut je u većem broju država, uključujući Severnu Ameriku, Australaziju i Severnu Evropu, gde se status zemalja slobodnih od KKS održava bez primene vakcinacije. U Zapadnoj Evropi, ostvarena je progresivna eradikacija u toku poslednje dve dekade 20. veka uz zabranu vakcinacije u zemljama članicama EU od 1990. godine. Međutim, periodično je dolazilo do unošenja virusa KKS u populaciju domaćih svinja preko divljih svinja ili uvozom domaćih svinja iz inostranstva. Pojava KKS u zemljama koje ne primenjuju preventivnu vakcinaciju ili su slobodne od bolesti može dovesti do velikih epizootija jer je celokupna populacija domaćih svinja veoma prijemčiva na virus. Zbog toga je kontinuirano vršenje aktivnog i pasivnog nadzora nad KKS od fundamentalnog značaja za sprečavanje pojave i širenja ove zaraze jer doprinosi da se eventualno izbijanje bolesti otkrije na vreme kao i da se brzo uspostave kontrolne mere u cilju sprečavanja daljeg širenja virusa KKS. Za efikasno sprovođenje potpunog iskorenjivanja KKS, pored definisanja principa kontrole KKS, kratkoročnih, srednjoročnih i dugoročnih prioritetnih aktivnosti, obezbeđivanja odgovarajućeg pravnog okvira, dijaloga i podele odgovornosti između najvažnijih institucija, službi i poslovnih subjekata, potrebno je osigurati odgovarajuće finansijske, kadrovske i druge resurse, kao i kontinuiranu edukaciju i jačanje kapaciteta nadležnih službi. U ispitivanjima su opisani epizootiološki i ekonomski aspekti Programa kontrole KKS uz primenu vakcinacije koji se sprovodio od 2006. do 2012. godine, pravni okvir i strateške mere koju državna veterinarska administracija i operativne veterinarske službe sprovode u cilju kontrole i potpunog iskorenjivanja KKS u Srbiji, kao i efekti primene tih mera. ; Classical swine fever (Pestis suum clasica, Hog cholera, Schweinepest, CSF) is a highly contagious viral disease of domestic pigs and wild boar, which has huge health, social and economic impact worldwide. In many parts of the world, significant efforts and resources were employed in order to prevent outbreaks and reduce losses and costs, with overall objective to eradicate it. Outbreaks of CSF are notified in many contries in Asia, central and southern part of Americas, some areas in Africa and Europe. Some countries has experienced success in eradication, namely in North America, Australasia and North Europe, and in keeping the country's status as free of CSF without vaccination. In Western Europe, progressive eradication without vacciantion is achieved in last two decades of 20th century, with total ban of vaccination declared from 1990. However, some perodical epizodes of introduction of CSF virus from wild boar to domestic pig population, or by import of live pigs, were reported. Emerging cases of CSF, particularly in countries where vaccination is not in place or in countires declared the status as free from the disease, can cause large epizootics, since the naive pig population is very susceptible to the virus. Therefore, the continuous active and pasive surveillance is of utmost importance for prevention of spreading the diseases which will improve capacities for timely detection of possible outbreaks and effective implementation of relevant control measures to prevent further spreading of disease. For effective imlementetion of total elimination of CSF, beside clear definition of main control principles, short-term, and long-term priority activities, adequate legal framework, and effective dialogue for sharing responsibilities among main interested parites, it is necessary to ensure financial, human and other resources, as well as continuous education and capacity building of competent authorities. In this investigation, economical and epidemiological aspects of CSF eradication program with vaccination policy implemented from 2006 to 2012, were described, with the current legal base and strategic actvities carried out by the state veterinary administration and field veterinary services with the aim to control and totaly eradicate CSF in Serbia, with effects of implementation such measures.
Each day we make decisions, draw conclusions or resolve problems. The environment in which we make decisions is complex and dynamic and yet it influences the whole process as much as one's knowledge, experience, etc. In these situations, the decision making analysis stands out which provides a logic base for defining possible alternatives and the choice of an optimal option from the possible solutions. The decision making analysis helps the decision maker to choose the optimal option in line with his knowledge, reasoning, beliefs and preferences. When there are several criteria the decision making is ambiguous and one needs to find the optimal or the most efficient solution. The multi-criteria decision making can be multi-purposeful. In case the alternatives are explicitly defined and quantified we are dealing with the multi-attribute decision making. The criteria values for the analyzed alternatives can be qualitative and quantitative; therefore, the qualitative ones have to be quantified. Deciding on the location is one of the key elements of logistics and of the importance of the decision making process used by the companies in order to determine where to locate the facility is a decision of crucial importance to all logistic elements and the entire business development of the company. Further on, the contemporary economic, competitive and technological conditions and the business environment comprise a dynamic category, so the currently optimal location may not be optimal in the future. Companies use qualitative and quantitative criteria while deciding on the location of the factory. When deciding on the location of the factory one conducts a detailed analysis due to the dynamic business environment. Constant changes in the environment influence business adjustments. On the contrary, the logistic facilities and their locations are static and are not subject to alteration in a short period of time and in such a way respond to the business environment changes. While making such a decision one needs to use new methodologies and contemporary tools as a decision making support in order to adequately respond to the business environment changes and secure the high quality decision making by taking into account quantitative and qualitative criteria which are important for making a decision on a choice of a location. From the very beginning, local self-governments, worldwide as well as in Serbia, had different roles in the economic development. Local self-governments usually dealt with administrative procedures with no active part in the economic development. By establishing legal grounds local self-governments started improving the business environment and providing support to the business community, but also actively attracting foreign direct investments which have proven to be the key activity of the local economic development. Identification and understanding of the industrial location decision making process within the companies has been identified as a crutial activity which the local self-governments can use in improving the business environment and recruitment of direct investments. On the basis on the prioritization of the quantitative and qualitative decision making criteria in the process of selection a location, local self-governments can improve their business environment if resources are being used optimally and in such a way they support the local economic development by assisting the business community and attracting direct investments. In this paper we established a model which, using the method for decision making in the case of optimization of the industrial location decision making, enables efficient use of the resources of local economic development. The model will enable the identification of criteria / determinant of locations that should be invested in order to promote local economic development, on the basis of a comparison of local governments and types of potential investors. Use of standard methods of multiattribute analysis gives the possibility of a subjective approach to the researcher who must determine in advance the criteria weights, while the application of the model presented in this paper avoids the subjectivity and objectifies the process of preference, a combination of criteria DEA (Data Envelopment Analysis,) and multiattribute analysis methods (AHP, ELECTRE, PROMETHEE, TOPSIS). Within the dissertation, survey conducted, analysed local governments (alternatives) in terms of fulfilling the criteria (location determinants), within which each local government alone determines the criteria weight based on survey of types of potential investors. A comparative analysis of the results of these studies, where other various methods for decision making can be also used, identified the best method, among selected that are the best known and most used, and the result of the dissertation will determine the importance of the location determinants, which will enable to policymakers in field of local economic development, investment promotion and improving business environment at all levels, through the use of the proposed model of efficient planning, the opportunity to efficiently and cost-effectively use the resources at their disposal.
Европска унија представља по много чему специфичну међународну организацију. Њено основно и препознатљиво обележје је наднационалност у креирању и спровођењу јавних политика. Настала удруживањем ресурса угља и челика брзо је прерасла у зону слободне трговине и сарадњу држава чланица у питањима као што је атомска енергије. Европска интеграција од свог почетка до данас зна искључиво за проширење чланства и повећање броја области сарадње на добровољној основи. Да ли ће међународне околности у којима се ЕУ налази данас и односи са другим међународним организацијама одбрамбеног карактера допринети већој интеграцији држава чланица ЕУ у домену одбране основна је тема овог рада. Трагање за различитим сценаријима развоја заједничке безбедносне политике ЕУ зависи пре свега од међународне институционалне и безбедносне архитектуре у Европи и свету, историјско политичких трендова у развоју европске интеграције, правног оквира ЕУ и међународног стратегијског окружења. Савремене међународне организације, посебно оне са преовлађујућим обележјима наднационалности (у конкретном случају ЕУ) имају тенденцију да у области одбране и безбедности комбинују наднационална обележја са међувладиним у покушају да што ефективније искористе структуру организације за остваривање њених циљева и интереса, али без већег преноса надлежности са држава чланица на саму организацију. ; The European Union represents in many ways a specific international organization. Its basic and recognizable feature is that of supranational policy and decision making. It was created by pooling the resources of coal and steel which had quickly developed into a free trade zone and ever closer Union in many policy areas. European integration from its inception to the present days was all about expanding membership and increasing the number of areas of cooperation. Namely widening and deepening of the EU was on the agenda. Will the current international circumstances and relations with other international defense organizations contribute to deepening integration in the field of defense is to be researched in this work. Search for different scenarios in the development of EU Common Security and Defense policy depends primarily on the international institutional and security architecture in Europe and the world, the historical political trends in the development of European integration, the EU legal framework and international strategic environment. Contemporary international organizations, especially those with the prevailing supranational characteristics (in this case the EU) tend to combine intergovernmental and supranational approach in the area of defense and security in an effort to more effectively utilize the structure of the organization for the realization of its goals and interests, but without significant transfer of powers from Member States on the organization itself. The main goals and interests of the EU integration in the field of defense and security are to (1) ensure durable and everlasting peace among member states, (2) to address common security challenges, risks and threats autonomously or in cooperation with other States and/or international organizations, (3) pool and share resources leading to more effective achievement of military economic interests, mainly through the development and transfer of military technology and equipment. In addition to the mentioned goals and interests, (4) particular interests of the Member States would be to improve their own political, economic and military performance. EU Integration in the field of defense, may rest in the future on (1) the current state of integration (status quo), (2) progress in areas that are not conflicting with the individual interests of key actors in the European arena (3) the deepening of integration leading to progressive framing of common defense policy with an ultimate goal to establish common defense. (4) The fourth model is possible and has been seen in the other EU policy areas.
Pitanje mogućnosti formiranja ekološkog pokreta u Srbiji u kontekstu postsocijalistiĉke transformacije društva i procesa evrointegracija, predstavlja predmet bavljenja ove doktorske disertacije. Rad se sastoji iz tri veće celine i poglavlja u kome su izneta zakljuĉna razmatranja. U prvom delu rada, razvijeni su uporedno-istorijski, kontekstualni, konceptualni i metodološki okvir istraţivanja, kao polazne osnove za dalje analize. Kako bi mogle biti obuhvaćene sve relevantne dimenzije kompleksnog fenomena ekološkog pokreta i sloţena mreţa ĉinilaca koji utiĉu na njegov nastanak i razvoj, u istraţivanju su kombinovano korišćene razliĉite metodološke tehnike: anketno ispitivanje stavova i praksi na reprezentativnom uzorku graĊana Srbije (N=1952) i predstavnika lokalnih samouprava (N=232), polustrukturisani intervjui sa predstavnicima nevladinih organizacija (N=44), kao i dve studije sluĉaja zajednica sa izraţenim ekološkim problemima - Panĉeva i Bora. Drugi deo rada je posvećen opisu i analizi pojedinaĉnih elemenata ekološkog pokreta: ekoloških aktivista, ekoloških grupa / organizacija, ekoloških mreţa, kolektivnog identiteta i ekoloških konflikata. Na osnovu detaljne analize karakteristika osnovnih elemenata pokreta, u zakljuĉnom poglavlju drugog dela rada daje se odgovor na pitanje: da li u Srbiji postoji ekološki pokret? Osnovni istraţivaĉki nalaz je da u Srbiji nije došlo do formiranja klasiĉnog participativnog tipa ekološkog pokreta, kakav je prisutan u zemljama Zapada. TakoĊe, nema ni naznaka znaĉajnijeg prisustva elemenata transakcionog ekološkog aktivizma (pokreta), ĉiji je prisustvo zabeleţeno u zemljama Centralne Evrope. Umesto toga, svedoci smo razvoja specifiĉnog modela ekološkog kolektivnog delanja koji smo nazvali "ekološkim trećim sektorom". Naime, za razliku od participativnog i transakcionog delanja, koji imaju naglašeno politiĉku dimenziju, aktivnosti organizacija u okviru trećeg sektora su preteţno "apolitiĉne" po karakteru, usmerene na pruţanje usluga u oblastima iz kojih se, u sklopu neoliberalnih reformi, drţava povukla. Pored nerazvijenosti konfliktne (politiĉke) dimenzije, ekološki treći sektor odlikuje i atomizovano delanje profesionalnih ekoloških organizacija, koje samo izuzetno (pod spoljnim pritiscima ili podsticajima) uspostavljaju fiziĉke veze (mreţe) meĊu sobom, dok se na planu kolektivnog identiteta razvija samo kognitivna dimenzija (formalno prihvatanje odreĊenih ekoloških vrednosti i naĉela koja ĉine sastavni deo ekološkog diskursa dominantnog na Zapadu). GraĊani, po pravilu, nisu ukljuĉeni u rad ovih organizacija, izuzev kao korisnici usluga. U trećem delu rada se razmatraju razlozi usled kojih ne dolazi do razvoja participativnog i/ili transakcionog ekološkog pokreta (aktivizma). Za potrebe objašnjenja nastanka specifiĉne hibridne forme ekološkog trećeg sektora, kreiran je sintetiĉki eksplanatorni model koji kombinuje elemente razvijene u okviru razliĉitih teorijskih pristupa fenomenu društvenih pokreta. Eksplanatorna shema je formulisana na sledeći naĉin: za pokretanje kolektivnog delanja i nastanak ekološkog pokreta neophodno da prethodno budu ispunjeni sledeći uslovi: potrebno je da postoji izvesno socijalno-konstruisano nezadovoljstvo (problem) kod većeg broja pojedinaca / profesionalnih zastupniĉkih organizacija (socijalno-konstruktivistiĉka reinterpretacija klasiĉnih pristupa); zatim, grupa pojedinaca koja oseća dati problem / zalaţe se za njegovo rešavanje, mora posedovati odreĊene resurse za pokretanje i odrţavanje 5 kolektivne akcije (pristup teorije mobilizacije resursa); šire okruţenje treba da bude relativno povoljno kako bi nagovestilo mogućnost pozitivnog ishoda aktivnosti koja se ţeli realizovati (pristup strukture politiĉkih mogućnosti), a vrednosni okvir na takav naĉin podešen da usmerava na delanje predstavnike profesionalnih ekoloških organizacija i / ili neposredno ugroţenu populaciju (nezadovoljne) i (eventualno) širi krug podrţavalaca (pristup Novih društvenih pokreta). Na proces formiranja ekološkog pokreta, kroz ĉetiri neposredna faktora (socijalna-konstrukcija ekoloških rizika, dostupnost i karakteristike resursa, struktura politiĉkih mogućnosti, vrednosni sistem),indirektno deluju širi društveni procesi - postsocijalistiĉka transformacija i evropeizacija srpskog društva, kao i ĉinioci duţeg trajanja ((pred)socijalistiĉko nasleĊe). Testiranje postavljenih eksplikativnih hipoteza je pokazalo da ni jedan od uslova neophodnih za formiranje ekološkog pokreta, nije delimiĉno ili u potpunosti zadovoljen. Postojeći ekološki problemi su dominantno odreĊeni u kategorijama niskog rizika i male vaţnosti u odnosu na druga društvena pitanja, usled ĉega je i njihov podsticajni kapacitet za kolektivnu (re)akciju bitno sniţen. Pored toga, vladajuće shvatanje prema kome u ekološkoj modernizaciji leţi rešenje za gotovo sve ekološke probleme, pokazuje se kao ĉinilac koji nepovoljno utiĉe na graĊanski aktivizam, jer upućuje na pasivno išĉekivanje uvoĊenja obećanih mehanizama odrţivog razvoja. Većini graĊana na raspolaganju stoji vrlo ograniĉena koliĉina resursa, usled ĉega, u velikom broju sluĉajeva, oni odustaju od uĉešća u ekološkim akcijama. Ekološke organizacije, takoĊe, imaju poteškoća da obezbede neophodne resurse za rad, a dodatni problem predstavlja i naĉin njihove mobilizacije, usled kojeg gube samostalnost postajući zavisne od stranih izvora finansiranja. Kao posledica, ekološko delanje je atomizovano, a rivalitet i konflikti unutar ekološkog civilnog sektora, naglašeni; ekološke mreţe se teško formiraju i odrţavaju, kolektivni identitet je slab (nad njim prevagu odnose partikularni interesi), a kritiĉko delovanje ekoloških organizacija, nerazvijeno. Struktura politiĉkih mogućnosti se, uprkos postojanju relativno povoljnog zakonskog okvira, pokazuje zatvorenom prema uĉešću graĊana u donošenju odluka. GraĊani percipiraju predstavnike vlasti kao neprijemĉive za njihove potrebe, što se nepovoljno odraţava na njihovu spremnost da se organizuju i pokušaju da nametnu svoje zahteve. S druge strane, ekološke organizacije su iskljuĉene iz procesa odluĉivanja i svedene na ulogu asistenata u podizanju kapaciteta drţave za sprovoĊenje programa u oblasti zaštite ţivotne sredine. Konfliktno delanje organizacija je ograniĉeno, s jedne strane, time što ne dobijaju podršku moćnih aktera (meĊunarodne ekološke organizacije, strani donatori), a sa druge, finansijskim uslovljavanjem od strane drţavnih struktura. Karakteristike kulturološkog konteksta se, takoĊe, pokazuju nepovoljnim za razvoj ekološkog pokreta u Srbiji. Dominacija materijalistiĉkog sistema vrednosti i s njim povezano visoko vrednovanje ekonomskog razvoja, koje u senci ostavlja ekološke probleme, negativno utiĉe na ekološko aktiviranje graĊana. Ipak, uprkos preteţno materijalistiĉkoj vrednosnoj orijentaciji, graĊanima su vrlo bliske vrednosti Nove ekološke paradigme. MeĊutim, od naĉelnog prihvatanja vrednosti karakteristiĉnih za ovu paradigmu do aktivnog delanja, u kontekstu materijalne oskudice, put je dug i vrlo neizvestan. Zakljuĉno poglavlje je posvećeno rezimiranju i diskusiji empirijskih nalaza, kao i razmatranju širih implikacija nerazvijenosti ekološkog pokreta na zaštitu ţivotne sredine u Srbiji. ; he environmental movement in Serbia, in the context of post-socialist transformation and the EU integration process. The paper consists of three major parts and the concluding chapter. In the first part a comparative - historical, contextual, conceptual and methodological framework of the research is developed, as a starting point for the further analyses. In order to capture all relevant dimensions of the complex phenomenon of environmental movement and the composite set of factors that influence its emergence and development, the study is using a combination of different methodological techniques: a survey of attitudes and practices based on a representative sample of Serbian citizens (N = 1952) and local government representatives (N = 232), in parallel with the semi-structured interviews with representatives of non-governmental organizations (N = 44), and the two case studies of communities with serious environmental problems – the municipalities of Pancevo and Bor. The second part contains the description and analysis of individual elements of the environmental movement: environmental activists, environmental groups / organizations, environmental networks, collective identity and environmental conflicts. Based on a detailed analysis of the characteristics of the key elements of environmental movement, the concluding chapter of this part of the paper offers an answer to the question - is there an environmental movement in Serbia? The main research finding is that participatory type of environmental movement that is typical for the Western countries has not been formed in Serbia. There are even no indications of the existence of significant elements of transactional environmental activism (movement), that is present in the countries of Central Europe. Instead, we are witnessing the development of a distinct model of collective environmental action that we have named "the third environmental sector". Different from the participative and transactional activism which have an emphasized political dimension, the nature of the activities of the third sector organizations is mostly "non-political", aimed at providing services in those areas that the state has withdrew from, in the context of neo-liberal reforms. In addition to the underdeveloped conflict/political dimension, the environmental third sector is characterized by atomized actions of professional environmental organizations, which establish physical connections (networks) among themselves only as an exception (under external pressures or incentives), while at the level of collective identity only the cognitive dimension is being developed (the formal acceptance of the environmental values and principles which form an integral part of the environmental discourse dominant in the West). Citizens, as a rule, are not included in the work of these organizations, except as users of services. In the third part, the reasons for the absence of the participatory and / or transactional environmental movement (activism) are discussed. In order to explain the emergence of the specific hybrid form of the environmental third sector, a synthetic explanatory model was established, combining elements developed within different social movement theories. The explanatory scheme has been formulated as follows: for the launch of collective action and the emergence of the environmental movement certain conditions are necessary to be met - a certain level of socially-constructed 8 dissatisfaction (problem) needs to be generated in large numbers of individuals / professional advocacy organizations (social constructivist reinterpretation of classical approaches); then, a group of individuals who perceive the problem / advocates for its solution must possess appropriate resources to initiate and sustain a collective action (the Resource Mobilization Theory approach); the wider context should be relatively favorable as to suggest the possibility of a positive outcome of the action (the Political Opportunities Structure approach); the value framework should be set up in such a way to initiate the action of professional environmental organizations and / or the directly affected population, and possibly also of a wider circle of supporters (the New Social Movements approach). Through the four direct factors (social – construction of environmental risks, the availability and characteristics of resources, the structure of political opportunities, the value system), the process of development of the environmental movement is indirectly affected by wider-scale social processes – the post-socialist transformation and Europeanization of Serbian society, as well as by the factors of longer duration ((pre-) socialist heritage).The testing of the set of explicative hypotheses showed that the necessary pre-conditions for the formation of the environmental movement in Serbia have neither been fully, nor even partially met. In comparison with other issues, the existing environmental problems are dominantly defined in the terms of low-risk and low-importance, due to which their capacities to induce collective (re)action are significantly reduced. In addition, the prevailing concept of environmental modernization, presented as a solution to almost all environmental problems, proves to be a factor that adversely affects civic activism, as it leads to passive anticipation of the promised introduction of mechanisms for sustainable development. Since the majority of citizens have access only to very limited resources, they, in many cases, tend to give up their participation in environmental actions. Environmental organizations also face difficulties in obtaining necessary resources for their operation. An additional problem lies in the way resources are being mobilized: becoming increasingly dependent on foreign funding, organizations tend to lose their autonomy. As a result, the environmental action is atomized and rivalries and conflicts within the environmental civil society accentuated; environmental networks are difficult to establish and maintain and the collective identity is weak (due to domination of particular interests); the conflictual dimension of environmental organizations remains undeveloped. Despite the relatively favorable legal framework, the structure of political opportunities seems closed to the participation of citizens in the decision-making process. Citizens perceive government representatives as unresponsive to their needs, which negatively affects their readiness to act in an organized way and to attempt to impose their demands. On the other hand, environmental organizations are excluded from the decision-making process and reduced to the assisting role in the capacity building of the state bodies for the implementation of programs in the field of environmental protection. Conflicting action of such organizations is limited, on the one hand by the lack of support from powerful actors (international environmental organizations, international donors), and on the other - by the financial preconditions imposed by the state authorities. The characteristics of the cultural context also appear to be unfavorable for the development of the environmental movement in Serbia. The dominance of the materialistic value system and the related high priority attributed to the economic 9 growth, leaves the environmental problems on the margins, thus negatively affecting the environmental activation of citizens. However, despite the predominantly materialistic value orientation, the values of the New environmental paradigm are very familiar to the citizens. Still, in the context of material insecurity, the road from the general acceptance of such values to active action towards reaching them, is long and very uncertain. The concluding chapter is devoted to summarizing and discussing the empirical findings, as well as to considerations of implications of the under-developed environmental movement to the overall state of environmental protection in Serbia.
