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.

Today's world is shaped by the processes of globalization and economic liberalization, which dominantly determine the social, economic, environmental and political conditions. As part of these processes, there is an increasing rhetoric about the activities of the state to build a legal system 'ideal for attracting' foreign investment, to establish state institutions in charge of 'attracting foreign investment', and to create a business environment conducive to 'attract' foreign investment. Faced with citizen requests and pressure to create conditions for employment, in initial negotiations with foreign investors state, authorities articulate their willingness to meet these requests. The affirmative stance of governments towards the investments of multinational companies easily can be changed. Once the investment begins, the pledges made by one contracting party to the other may prove to be unrealistic and economically unjustified. The tensions generated between the host state and foreign investors jeopardize the foreign investment contract concluded by the contracting parties. Further fulfillment of contractual obligations from foreign investment contracts will be possible if the contracting parties resolve the resulting conflict through mutual negotiations. Through negotiations, the contracting parties can depreciate the impact of the changed circumstances, including a range of economic, political, legislative and environmental conditions. Initiating negotiations at the right time and conducting them in good faith may lead to a solution. Even if an agreement is not reached, the renegotiation may contribute to a better understanding of contractual partners and redefining the positions of the contracting parties.

Reporters' work from a country at war sooner or later gets subjected to censorship. That the job of war correspondents is dangerous has been proved by the number of journalists who get killed every year and by certain "rules of wartime journalism". The article looks into some forms of wartime censorship in the earlier NATO military actions, describes the censorship during the aggression on the Republic of Croatia, and on the basis of the available information, deals with the relevant situation in SR Yugoslavia. At the time when this article was written (May 1999), NATO's military intervention in that country was still going on; consequently, the newspaper censorship was still very much in force there. (SOI : S. 135)

The author discusses the basic structure of Mancur Olson's political economy. He highlights three concepts on which it is based - public goods, interest groups, and selective incentives. The last concept represents Olson's innovation in contemporary political science. The author's central methodical assumption is based on the insight that Olson's key theory is linked with the so-called public goods paradox. Unlike private goods, public goods are non-competitive and non-exclusive, which means that it is not possible to bar those who do not share the costs of their production from using them. On the basis of this, Olson has developed the original theory of interest groups. By looking into the costs of organizing along interest lines as a collective activity whose result is a public good, he distinguishes between large, heterogeneous, and small, homogeneous groups. Besides, he has shown that, regarding public goods, individuals tend to behave as free riders, defaulters who try to avoid the costs of securing these goods. The author shows that Olson has, notwithstanding certain flimsiness of his reductionist methodology, significantly revamped political science. (SOI : PM: S. 202)

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

The financial sector is characterised by numerous changes that affect the changes in the institutional structure of functioning of the financial system, as well as the choice of funding of business entities. This has resulted in the fact that in contemporary business conditions, financing of economic development become a complex area of research. Local development planning on the basis of public revenues is a weak base for the rapid development of local governments. Therefore, it is necessary to supplement the budget financing by attracting private capital for the construction of public goods and improving the quality of public services. In this regard, the objective of this paper is to point to alternative ways of borrowing, both from domestic and international sources of funding, as well as to the possibilities for their use by the local governments. Bearing in mind the defined objective, the paper discusses the possible external sources of funding of local governments, such as loans from commercial banks and other financial institutions, and municipal bonds. In order to evaluate the possibilities for successful development of local governments, the paper points to the possible solutions to financing projects of public importance in the practice of Serbia.

The author analyses the relationship between the constitutional law and the political reality. Using the historical material of the German constitutional legal practice to analyze this relationship, the author concludes that a good constitution can function solely in the setting of a good political culture of state's citizens. Citizenry of a certain political culture always goes hand in hand with a good constitution. (SOI : PM: S. 148)

Since the adoption of key international documents that regulate mechanisms for preventing corruption over the last two decades, there has been enough time to be able to see the experiences regarding how to measure their performance and the achieved results. Serbia has regulated these mechanisms in its legislation, so it is necessary to look at the results achieved in their implementation. It is also important to look at the results of EU member states in the implementation of these mechanisms, what difficulties they face and how they have so far sought to overcome these difficulties in order to compare those experiences with experiences in Serbia. The aim is first to point out the ways in which the results achieved in preventing corruption are monitored and, on the basis of reports from leading institutions, point to examples of good practice in preventing corruption and the obstacles that need to be addressed.

Summary: Establishing of the New institutional economics as dominant institutional theoretical perspective, has contributed to the theoretical affirmation of the institution and to the recognition that institutions and institutional changes are an important part of the overall dynamics of economic reality. Therefore, the importance of defining the "new" institutional paradigm is reflected not only in the "endogenization" of the institutions as the relevant economic variables, but also in the possibilities of a broader consideration of the potential contribution of institutions to the overall macroeconomic performances. However, despite to the significant theoretical achievements in the economic recognition of the multiple institutional importances, in the observation of institutional change as a determinant of economic development, many questions remain open. For instance, it is still not known which institutions, in which specific forms required, or rather useful for economic development, or in which context. Although it is known the role that specific institutions can play in the process of the economic development, the problem is how to build such institutions. If developmental effects generally depend on the quantity and quality of institutional changes, than how to explain the fact that the establishment of the same institutional forms in the countries with approximate developmental preconditions, usually in practice does not led to the equal developmental results? This study, in form of a doctoral dissertation, is exactly driven by such issues. Therefore, as its primary goal assumes the theoretical development of the concept of institutional contributions to the development and identification of institutional criteria and mechanisms for improving economic performance. The basic assumption on which this dissertation is based implies that institutions and institutional changes are necessary, but not sufficient condition for good macroeconomic performance of the country. This additional requirement is contained precisely in the implementation of "good governance", namely the establishment of the basic principles of this concept. The research is based on an analytical basis of the theoretical framework of the New institutional economics. Starting of the known information about the nature of institutions and institutional change, as well as on the basic assumptions of institutional sustainability and efficiency, there are theoretical elaborated concept of the institutional contributions to the development. Special attention was given to comparative institutional analysis. By combining information from different comparative economics, there are studied the relationship between institutional quality and economic efficiency. An attempt was made in order to identify main channels through which institutional quality determined economic performance, and therefore which is a possible causes of institutional inefficiency. Through the analysis of several representative cases in practice, the empirical validity of the findings is further checked. Since development issues become topical, especially during the crisis, it is clear incentives to explore the institutions and mechanisms of institutional change and use this knowledge in achieving, in a greater degree, controlled development.