Suchergebnisse

Rad pokušava objasniti objektivnu razliku između državnog saveza i saveza država kao oblika federativnog odnosno konfederativnog uređenja odnosa među članicama, odnosno distingvirati između sintagmi statusa države i državnog statusa te uputiti na nužnost razlikovanja ustavnog kontinuiteta koji postoji u uslovima kad država ne mijenja status države i ustavnog diskontinuiteta kad dolazi do preobražaja državnog statusa određenog državnog subjekta. Na primjerima istorijskih i savremenih oblika unija, kroz istorijsku se dinamiku postojanja unija pokazuje da nijedna unija nije mogla niti može pretendovati da apsorbuje osnovne atribute članice/a, država, koje ječine. Ključna pitanja koja se obrađuju sa gledišta savremenog konstitucionalizma u odnosu na teorijski pojam unije su pitanja ustavnog diskontinuiteta do koga dolazi izlaskom članica unije iz njenog sastava, kao i posljedično tome međunarodnog priznanja i osamostaljenja članica unije. ; The paper attempts to explain the objective difference between a state union and a union of states as the respective forms of federative and confederative systems of government. It tries to distinguish between the expressions status of a country and state status and to point out the necessity of distinguishing between constitutional continuity that exists when a country does not change its status and constitutional discontinuity when the state status of a country is changed. The historical and contemporary examples of unions show that no union could have aspired or can aspire to absorb the basic features of its member state(s). The key issues, dealt with from the aspect of contemporary constitutionalism and theoretical idea of a union, are the issues of constitutional discontinuity that occurs when member state(s) decide to leave the unio n, form independent state(s) and demand international recognition

Nowadays, there are divided opinions in Bosnia and Herzegovina when it comes to further mandate of the OHR and the institution of the High Representative. However, the e nd of the mandate of the High Representative is realistically expected in the near future. The need to abolish the office of the OHR and the institution of the High Representative has been mentioned increasingly in Bosnia and Herzegovina, especially in the Republic of Srpska. The reasons for the abolition of the function of the High Representative are different between the entities in Bosnia and Herzegovina as well as among its constitutive peoples. The authority of the High Representative has been increasingly questioned.It is on that basis that questions arise more frequently whether his (High Representative) legal acts will be valid, in particular individual decisions, such as deprivation of certain rights to citizens, the right to work, political action and passive right to vote. Representatives of the international community are worried that the interested domestic political circles could set a thesis (and be successful at it) that all acts of the High Representative will cease to apply at the moment when Annex X of the General Framework Agreement for Peace in Bosnia and Herzegovina is ended.A number of imposed laws not yet adopted by the local legislator himself, in the event of cancellation, would actually return BiH to the original competences under the Constitution BiH, as the legal consequence. The institution of the High Representative was set up by Annex X (Agreement on Civilian Implementation of the Peaceful Solution) of the General Framework Agreement for Peace in Bosnia and Herzegovina.Simultaneously, bearing in mind these facts, legally speaking, Bosnia and Herzegovina can not be classified into any known form of international dependence, however, the objective situation is such that Bosnia and Herzegovina with the powers vested in the High Representative and the actions that he is taking, can be considered a state with a specific form of international dependence and a special form of guardianship.

Muzičke institucije u Beogradu i Srbiji u drugoj polovini 19. veka u velikoj su meri zavisile od inostranih kadrova, najčešće građana Austrougarske, usled nedostatka adekvatno obrazovanih domaćih muzičkih stručnjaka. Ovakva situacija doprinela je dolasku značajnog broja Čeha, Austrijanaca, Nemaca, kao i Mađara u srpske gradove gde su radili na muzičkom opismenjavanju kako imućnijih, tako i širih slojeva, a po tom i na utemeljenju i ekspanziji visoko umetničke i popularne muzičke prakse. Iz istih razloga se polovinom 60-ih godina u Beogradu našao i Slovenac Davorin Jenko koji će zahvaljujući svom angažmanu u Beogradskom pevačkom društvu i u Narodnom pozorištu steći značajan ugled u srpskoj sredini, kao i u među srpskom obrazovanom populacijom iz Austrougarske. Budući da se Jenkovo delanje u Beogradu poklapalo sa intenzivnim širenjem panslavističkog diskursa i diskursa kulturnog nacionalizma u okviru političkog, kulturnog, naučnog i umetničkog polja uspeh njegovih muzičkih ostvarenja i prestiž koji je vremenom sticao među publikom različitog društvenog profila nailazili su na podeljene reakcije među pripadnicima intelektualne elite. Činjenica da je kompozitor slovenačkog porekla stvarao muziku uglavnom proisteklu iz elemenata šire shvaćenog srpskog muzičkog foklora koju je publika prihvatala i prepoznavala kao srpsku muziku otvorila je prostor za polemike hroničara i komentatora beogradskog muzičkog života u srpskim, vojvođanskim i bosanskim listovima i časopisima. Pokušavajući da objasne fenomen srpske muzike "stranog" porekla autori su izvodili interpretacije koncepa srpstva otkrivajući u njemu izvesne epistemološke rupture. Rasprave oko statusa Jenkove muzike u vidu njenog poimanja kao srpske ili ne-baš-sasvim srpske, ukazivale su na različitost ideoloških pozicija koje su se pojavile u okviru srpske elite iz Kraljevine Srbije i Austrougarske. Cilj rada je da se ukaže na izdiferenciranost etničkog koncepta nacionalnog identiteta proisteklog kao rezultat nepoklapanja u viđenjima elite kada je reč o daljem razvoju srpske kulture. Važan segment predstavljaće predočavanje značaja te pojave u teorijskom i kulturno-istorijskom pogledu. ; In the second half of the 19th century music institutions in Belgrade and Serbia depended a lot on the work of foreign musicians, most of them citizens of Austria-Hungary, because of the continual lack of local educated professionals. Th ese circumstances contributed to the large-scale migration of Czech, Austrian, German and Hungarian musicians to Serbian towns where they helped with the expansion of the musical literacy of both the upper and middle-class parts of society, as well as the establishment of the high-art and popular music practices. Th e same type of "missionary work" motivated Slovenian musician Davorin Jenko to settle in Belgrade during the 1860s where he was active for several decades fi rst in the Belgrade's singing society and later in the National theater gaining public appraisal from the Serbian theatergoers, intellectuals and music experts both from Serbia and Austria-Hungary. Since Jenko's arrival to Belgrade coincided with the growing popularity of the Pan-Slavic ideas and the discourse of cultural nationalism in the fields of politics, culture, science and arts the success of his works among the theatre spectators and music consumers created divergent response in the parts of the Serbian elite. Th e fact that the composer of Slovenian origin created music on the basis of largely defi ned Serbian music folklore that was well accepted and perceived as Serbian among the consumers inspired the debates of music critics, chroniclers and experts in journals published in Serbia, Vojvodina and Bosnia and Herzegovina. Trying to explain the phenomenon of the Serbian music of "foreign" origin commentators performed diff erent interpretations of the concept of Serbian identity showing throughout the process its epistemological ruptures. Th e confl icting views on the status of Jenko's music as Serbian or not-completely-Serbian was a result of divergent ideological positions that appeared among the elites from Kingdom of Serbia and Austria-Hungary. Our aim is to point to the diversity of the defi nitions of the ethnic concept of nation and national identity among the Serbian elites at that time as a consequence of the diff erent understanding of the progress of Serbian culture. Th e special emphasis will be put on the theoretical and cultural-historical implications of that phenomenon.

A decade ago, Serbia has carried out the reform of judicial control of public administration - by establishing the new Administrative Court. The expected results, however, have not been achieved and the problems that caused the reform have not been resolved. Therefore, a decade later, a new reform is in sight. The planned changes include establishing more administrative courts and introducing a two-instance administrative dispute. The aim of this paper is to discuss these changes, but in a slightly different way. Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute. Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes.

The article explores Polybius's view from Book Six of Histories in which he argues that the Roman constitution was superior to other mixed systems of government because it evolved naturally. The novelty of Polybius's approach within the wider classical tradition is examined by contrasting his account with Plato's and Aristotle's. The architecture of the two kinds of mixed constitutions is then compared: the Spartan government is taken as a model of a good planned constitution and the Roman constitution as the best naturally evolving system of government. The main be nefit of the natural constitution over all other constitutions, simple and mixed, is its stability, and the final part of the paper addresses a plausible way in which Polybius thought such a constitution was reached in Rome and situates this historical account within his theory of anacyclosis. ; Tekst se bavi Polibijevim razmatranjima iz šeste knjige Istorija, gde helenski autor tvrdi da je rimski ustav bio nadmoćniji u poređenju sa drugim mešovitim porecima zato što se razvijao prirodno. Novina Polibijevog pristupa unutar šire klasične tradicije ispitana je kroz poređenje njegovih ideja sa Platonovim i Aristotelovim. Zatim, upoređena je struktura dveju vrsta mešovitih ustava – spartanski ustav je primer dobrog planiranog ustava, a rimski ustav je najbolji sistem vladanja koji se razvio na prirodan način. Osnovna prednost prirodnog ustava nad ostalim ustavima, bilo da su čistog ili mešovitog oblika, jeste njegova stabilnost, a završni deo teksta bavi se načinima na koje je Rim došao do takvog poretka i postavlja ovo razmatranje u okvire Polibijeve teorije o anaciklozisu.

Through the public procurement rules, protection of competition, equality of choice & transparency of the procedure in relationships between the public & private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public & private sectors cannot be subject to strict & formal rules on public procurement primarily due to the special nature of business operations, complexity & duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature & the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships. Adapted from the source document.

On the occasion of the bicentennial of the publication of Kant's "Treatise on perpetual peace", the author attempts to evoke and actualize that classic of modern philosophy of politics. According to Hajo Schmidt, the strong point of Kant's concept was his realism which prevented him from slipping into intellectual, utopian idealization of human nature and political relations among people. Having in mind not only the rational but also irrational aspects of human nature, i.e. the insuperable chasm between good and evil, Kant in that respect offers edifying peacemaking propositions. This he achieves by advocating the concepts of free individuals, independent national states and the cosmopolitan unity of humankind. These three moments make up the content of Kant's concept of republicanism. Their identity and plurality are the foundations of the world peace. (SOI : PM: S. 18)

In this paper, the author gives a detailed critical discussion of the conditions of possibility of the politics &/or ethics of enjoyment such as that conceived by Sade. She begins by discussing the hypothesis advanced by a set of eminent interpretations of Sade's work according to which there is an irreducible antagonism between disruptive passions & social bonds. The central theme of this essay -- that society is rooted in the imperative of enjoyment -- is elaborated on. As a consequence of this discussion, the author turns to the question of the evil inherent to enjoyment. She concludes that the entire project of the politics & ethics of enjoyment is centered on the deculpabilization of passions & enjoyment since, in Sade, the evilness of enjoyment is imputed to Nature. It could thus be said, argues the author, that Nature is Sade's "symptom," denouncing in this way that Sade, the theorist of enjoyment, is unable &/or unwilling to assume the evilness of enjoyment. Adapted from the source document.

Effectiveness of the administrative system as a whole depends on the quality of its organization. The Organizational structure reflects functional dynamic of the public administration. On the other hand, functional requirements of efficiency and effectiveness of the administrative system determine organizational forms. The scope, character and nature of administrative actions require optimal and coordinated external (macro-organization) and internal (micro-organization) organizational structure, which will allow optimal functioning of an administrative system. Therefore, the organizational structure is not immutable category, because tasks and roles, activities and goals, are changing in the same government system and sometimes even the whole system, so it is necessary to change the administrative organization. Administrative organization is systemic (external and internal) open dynamic structure of state government agencies and other bodies and organizations with public (administrative) powers prescribed in the course of lawful relationships of dynamic interaction, based on the hierarchy or coordination, depending on the nature and objectives of administrative tasks. Current organization of the state administration has not been made according to the principles of modern management. It is a result of the political spoils system, and reflects the need for political control of the administrative departments. It lacks functional analysis and expert approach.

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public & private interests meet (two parties cooperate for mutual benefit) is characterized by intertwining of general rules of obligation law & special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative & private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, & a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies & dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law/administrative law. Thus, the French legal order has best developed the rules of the public contractual law & the legal institute of the administrative contract that the Slovenian administrative theoreticians try more & more to introduce also into our legal order. References. Adapted from the source document.

Finer investigated the phenomenon of politics within its spatial and temporal framework, trying to look into as many forms of government as possible and to fmd uniformity in their variety. He paid particular attention to a study of institutions of government which he considered the core of politics. His investigations focused on the state. By condensing the consequences of the emergence of the state on the forms of government, Finer came up with two variables: the extent in which rulers establish a standardized central administration and the extent in which homogeneous culture, religion and laws have been achieved. The second topic which held an important place in Finer's research is military organization. He wanted to demonstrate how the survival of a state, international order, social distribution of power, governing, the degree of bureaucratization, and a regime's nature, are intertwined with the structure of the state's military institutions. His opinion was that the military organization is necessary for the establishment and preservation of political communities, regimes and governments. According to Finer, the state's key function are preparing for wars, waging wars and reconstructing the country after them, and expecting the next one. Finer's third topic is the relationship between political and religious systems of belief. He stressed their dualistic nature, with two more or less independent hierarchies which have been a source of serious tensions. Furthermore, Finer links the existing system of beliefs, social stratification, and political institutions. Where these factors are balanced, the political community achieves permanent stability. (SOI : PM: S. 182)

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