publié dans le texte pour la 1ère fois d'après 6 mss. de la Bibliothèque Nationale par Emmanuel Auvray ; Komm. zu: Philippus : Les pleurs de Philippe ; Volltext // Exemplar mit der Signatur: München, Bayerische Staatsbibliothek -- Var. 178 y-22
The author discusses the crucial question of whether Serbia truly pursues the path of modernization and European integration, or just a simulation of these processes. The author proposes the thesis that there are numerous obstacles on Serbia's transitional path toward the (post)modern European society. Therefore, he tries to discover the essential reasons for the citizens' reluctance and resistance, the reasons which are related to the modernization of the Serbian society. Serbia is today at the crossroads of the traditional and modern understanding of life. It contains some elements of (post)modernization, but still with a strong influence of its traditional (conservative) heritage. The processes of re-traditionalization (re-mythologization and pseudo-mythologization) represent a major obstacle to the liberation of the society from the grip of the past and to its orientation towards European values. According to the author, the main creators of retrograde flows can be found in the political establishment of contemporary Serbia. He labels them, ironically and derogatorily, the 'guardians' of tradition, who use demagogic statements, populist paroles, and media information control (for their personal and party interests) to slow down Serbia on its European path.
Each scientific explanation, as per the author's view, is strived and required to have the most possible systematic character, and to enable the explained problem to be comprehended in the widest theoric-systhematic frame. Having analysed the methodological problem of comparative studies in education from the point of view of the mentioned studies, the author determined that the approaches to comparative study of education and schooling were not to be uniformed ones from the simple reason they had been grown out from different philosophic and theoric fundament. From the wider point of view, comparisons enable the comprehension of the phenomenon of education and schooling, their dialectics of manifestation, and their importance for human and society development. Methodologically taken, comparativistics of education and schooling is enriched with new techniques and methods. The comparison overcomes the meaning of one method (comparative method). Different orientations and different methodological procedures in comparative study of education and schooling were being appeared. Bearing in mind the complexity of comparative pedagogy problems, the author indicated the relevant methodological problems from which the historic dimension of comparative pedagogy progress was being visible. The author made the analysis of methodological problem of comparative research in education through several phases having considered basic characteristic of research, understanding of method system of comparative pedagogy, problems of contradiction of comparative research, its presence etc. From the point of view of the indicated problem, it is essential to state the consciousness on the methodological foundation of comparative researches of education and schooling is being broadened, which leads to the research of phenomenon of education at more qualitative level.
In this paper, the author analyzes the key stages in the development of the Republic of Srpska, since its formation in 9 January 1992. In this context, it elaborates the process of genesis of the Republic of Srpska, its international verification by the Dayton Peace Agreement, post-conflict consolidation as a process of trial of the constitutional reform in Bosnia and Herzegovina that would redistribute responsibilities between the entity and state authorities. However, the paper points out that the Republic of Serbian unquestionable categories and that the current attempt by the U.S. and the EU for the amendment of the Constitution of Bosnia and Herzegovina did not imply denial of two-entity structure of the state. In the future, how would you rate the author will attempt leading actors in world politics to redesign the institutional framework at the level of Bosnia and Herzegovina, as well as to strengthening its negotiating capacity to assume the obligations related to membership of the European Union and the North Atlantic Treaty Organization.
In his article Dr Pribicevic analyze relation between two largest political parties in Serbia: Democratic Party and Serbian Progressive Party and possibility of the creation of the so-called large coalition after the next parliamentarian elections scheduled for the beginning of the next year. Author explains the meaning of the conception of large coalition and pointed out its results in Germany where this idea of coalition between main parties of right and left was firstly implemented. Starting from the German experience of the large coalition between CDU and SPD Dr Pribicevic analyze the benefit and the damage such coalition might bring to its participants in Serbia. In spite of the fact that both Serbian parties reject such coalition and in spit of the fact that German experience shows that SPD and CDU lost a substantial number of votes after mutual government author concludes that voters in Serbia similar to German case in 2005 could create such option as a realistic one after next elections.
The paper discusses the role of the European Parliament in the inter-institutional quest for power on the ground of the effectiveness of its control over the supra- national institutions and bodies with the intelligence function as well as in the protection of the right to privacy. The starting assumption is that, despite the Lisbon reform, the powers and jurisdiction of the European Parliament are still quite limited with a view to oversight of the EU policy implementation and the performance of the EU institutions, respectively. The author examines the following cases: the recently revealed practice of massive electronic surveillance of the EU citizens' communication, the unselective processing of personal data, and the semi-secretive set up of a supranational intelligence function out of the MEPs' reach. The analyzed cases show that the European Parliament's control powers are weak when it comes to the issues that demand a narrow technical expertise, but still can endanger civil rights. The author concludes that the protection of the right to privacy can indicate the real power of the Parliament in future dynamics of the supranational institutional framework.
Harmonisation of the foreign policies of the Western Balkan states with the EU Common Foreign and Security Policy (CFSP) within the Charter 31 of the pre-accession negotiations will be a significant obligation and challenge for most of them. Within this context, the author takes as a starting point the regular annual reports on the progress achieved by the states in the region. They show the degree of harmonisation of their foreign policies with this Union's mechanism (within four years in the 2011-2014 period). The author of the article particularly points to the real and substantial discrepancy between the normative framework of the EU CFSP and the specific activities taken by the Western Balkan states in the part concerning their position to the current crisis in Ukraine which, in a way, 'reflects' the geo-strategic interests of the 'West', on one hand, and those of the Russian Federation, on the other. At the same time, he points to the membership in the North Atlantic Alliance as a favourable framework for the acceleration of harmonisation of a country's foreign policy with the EU CFSP.
The author constrasts the normativity of Europe with the center-periphery issue. He argues that the normativity of Europe has been challenged by the center-periphery problem. In the first part of the article, the author discusses the normativity of Europe and proposes a new concept – embeded normativity. In the second part, he presents several theories on the center-perifery relations and stresses the relevance of structural assymetries. In the third part, Central and Eastern Europe is compared to Latin America in three historic sequences. The last part is a summary of the arguemts and their relevance for the present crisis that can be understood as an ensemble of structural and systemic tendencies. ; U članku se kontrastira normativnost Evrope sa problematikom centar/periferija. Tvrdi se da je normativnost Evrope izazvana pomenutom problematikom. Shodno tome, u prvom delu se razmatraju elementi normativnosti u Evropi i pokušava se promisliti kategorija utkane normativnosti. U drugom delu se tretiraju teorije o odnosima između centra i periferije, te naglašava se relevantnost teorija koje artikulišu strukturalne asimetrije. U trećem delu se logikom komparativne metode stavljaju u odnos postignuća Srednje i Istočne Evrope i Latinske Amerike, i tematizuje se analitička relevantnost pomenute komparacije s obzirom na tri izabrane istorijske sekvence. U poslednjem delu se rezimira izvedena argumentacija s obzirom na sadašnju krizu i pokazuje da se reperiferijalizacija krize može razumeti kao sklop između strukturalnih i sistematskih tendencija.
The author explores how the internet and the new media are changing the way that we communicate, act and think, individually and collectively, through the example of the Occupy Wall Street Movement. The author claims that The Occupy Movement, as a post-narrative project conceived in a digital environment, is less of a political activity, and more a new way of behavior for its members and for the society at large. Its focus on consensus building and its modus operandi are reflecting the principles of the Internet, web-organization and cooperation. Therefore, its success is not about achieving any particular political aim, or winning an election, but about the general acceptance of these values and their becoming part of a wider political agenda. ; Autor istražuje kako internet i novi mediji menjaju način na koji komuniciramo, delujemo i mislimo, pojedinačno ali i kolektivno, na primeru pokreta "Okupirajmo Volstrit". Autor tvrdi da "Okupacija Volstrita", kao postnarativni pokret nastao u digitalnom okruženju, manje predstavlja političku aktivnost a više novi normativni način ponašanja za svoje članove, ali i čitavo društvo. Njegova usmerenost ka izgradnji konsenzusa, kao i sam modus funkcionisanja, odražavaju principe interneta, mrežne organizacije i kolaboracije. Zato je njegov uspeh manje povezan sa ostvarivanjem nekog pojedinačnog cilja ili osvajanja vlasti na izborima, a više sa razmerom u kojoj će ove rednosti biti opšteusvojene i postati deo ukupne političke agende.
U tekstu se naglašava središnja uloga staha u razmatranju problema političkog poretka i dokazuje da svaka teorija države i razvijena politička ideologija teži da izbegne kolektivne posledice straha. Uprkos njegovoj važnosti, problem straha je bio zanemarivan u glavnim tokovima političke teorije. Autor je ponudio kratku geneaologiju načina na koji se problem straha razmatrao u tradicionalnoj političkoj teoriji, počev od Tukidida. U središtu analize je složeni odnos između poretka, straha i legitimnosti u radovima Giljerma Ferera i njegovog učenika Ištvana Biba. U poslednjem delu teksta autor je pokušao da pokaže kako se o političkoj dinamici Balkana može razmišljati u širim okvirima Fererove političke teorije. On smatra da Fererov pojam kvazilegitimnosti može biti plodan za takvu analizu. ; The article stressed the centrality of fear for political order, arguing that every theory of state, every developed political ideology tend to evade collective consequences of fear. Despite its importance, the problem of fear was neglected in mainstream political theory. The author offers a short genealogy of the way the problem of fear was addressed in traditional political theory since Thucydides. The focus of analysis is the complex relations between order (government), fear and legitimacy in the works of Guglielmo Ferrero and his disciple Bibó István. In the last part of article, the author makes an attempt to demonstrate how political dynamic on the Balkans could be refl ected within broader framework of Ferrero's political theory. He found that Ferrero's concept of quasi-legitimacy might be very useful in that analysis.
After the failure of the European constitutional process, the question of creating the European identity has become in the center of attention of the academic public again. According to the scientific literature about Europe it is mostly discussed as the set of institutional solutions, but not as the collective cultural space, the dominant paradigm discussing the European identity is the one that sees it as entirely political, indeed. The goal of this work is to show that insisting on creating of purely political European identity has its basic neither in theory nor in practice. In order to document the claim, in this work the author critically investigates different theoretical approaches studying the European identity and analyzing the results of available empirical researches tries to determine a role of cultural, civil and instrumental components in its creation.
In Serbia, in the aftermath of 5 October 2000, the process of desecularization, including the revitalization of the Serbian Orthodox Church (SOC), overlapped with the democratization of its political institutions, as well as with the political and social pluralism. The desecularization of the Serbian society had already started in the socialist Yugoslavia, but the process itself intensified in the early period of political pluralism and establishment of the democratic political institutions. Is Orthodoxy compatible with democracy, viewed not only as the will of the majority or an election procedure, but also as a political culture of pluralism and rule of law? Is Orthodoxy possible as a "civic" church, in line with the European political tradition of democracy and pluralism? The author contends that the contemporary Orthodoxy, including the SOC, accepts globalization in its technical, technological and economic sense, with a parallel tendency towards cultural fragmentation. Thus one needs a consensus between the SOC, state and society in Serbia concerning the basic values, such as: democracy, civil society, pluralistic discourse, secular tolerance and individual human rights. ; In Serbia, in the aftermath of 5 October 2000, the process of desecularization, including the revitalization of the Serbian Orthodox Church (SOC), overlapped with the democratization of its political institutions, as well as with the political and social pluralism. The desecularization of the Serbian society had already started in the socialist Yugoslavia, but the process itself intensified in the early period of political pluralism and establishment of the democratic political institutions. Is Orthodoxy compatible with democracy, viewed not only as the will of the majority or an election procedure, but also as a political culture of pluralism and rule of law? Is Orthodoxy possible as a "civic" church, in line with the European political tradition of democracy and pluralism? The author contends that the contemporary Orthodoxy, including the SOC, accepts globalization in its technical, technological and economic sense, with a parallel tendency towards cultural fragmentation. Thus one needs a consensus between the SOC, state and society in Serbia concerning the basic values, such as: democracy, civil society, pluralistic discourse, secular tolerance and individual human rights.
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.
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.
In this article Dr Pribicevic analyses the impact of Kosovo crises on Serbian EU integrations and shaping of political scene of Serbia. Dr Pribicevic pointed out how crises started in spring 2011 when idea of split of Kosovo appeared again in Serbia and then continued with the clashes between KFOR and Serbs from north of Kosovo in order to get the control of administrative crossing Jarinje and Brnjak. During the summer 2011 German chancellor Merkel visited Serbia and asked government in Belgrade to normalize its relations with Kosovo and dissolve "parallel institutions" of Serbs in the north of Kosovo. Following this visit Serbian government continue its negotiations with Pristina and find out solutions for administrative crossings. On the other side, Belgrade and Pristina didn't find solution for the problem of presentation of Kosovo on the regional gatherings after what European council, under the German influence, decided to postpone the decision to give Serbia the status of candidate for the EU. Therefore, Serbia remains without EU candidaturein December 2011 in spite of the fact that government in Belgrade handedover general Ratko Mladic and Radovan Karadzic to Hague Tribunal as well as conducted a number of successful reforms which got very high marks from EU commission. In this article Dr Pribicevic is trying to answer several questions. Why Washington and Berlin imposed such a strong pressure on Serbia in this moment? Is split of Kosovo possible solution? Could Serbian government continue with current politics of EU and Kosovo or it should take one of these politics as a priority? How Kosovo crises influenced Serbian political scene? At the end, Kosovo crises opened the crucial question: could Serbia enter EU without "recognition of territorial integrity of Kosovo"as described by German foreign minister Westervele. Having in mind forthcoming elections in spring time 2012 author thinks that ruling Democratic Party as well as leading opposition party Sebian Progresive Party will continue with current politics "both EU and Kosovo". Such politics will be in accordance with the public mood in Serbia which shows that support for EU integrations is declining with the growing pressure of US and Germany on Serbian Kosovo's politics. On the other side, Serbian politics "both EU and Kosovo" is not sustainable on the long run and Serbia has to face difficult decisions in future. Also, according to the author opinion Kosovo crises showed weakness of Serbian international position. It is without important allies among key Western powers which has dominant influence in this part of Europe. Serbia has support of Russia but key influence on Kosovo has US, GB, France and Germany. These powers connected Serbia's further progress towards EU with normalization its relations with Kosovo, knowing in advance that the time when Serbia is seeking for the EU candidature is the best time to ask Belgrade to make concessions in its Kosovo's politics. Western powers do not expect Serbia to recognize Kosovo but they expect Serbia to accept " territorial integrity of Kosovo", including its north part. Why Kosovo become so important for leading Western powers? Author thinks that several reasons influenced such tough behavior of Western power towards Serbia. First, after helping them to create an independent state, US perceived Albanians as the most reliable ally in this part of Europe. Second, Germany and other big powers in Europe wants to prevent creation of new frozen conflict in Europe similar to Cyprus one, Third, all big Western powers has reserves towards Serbian foreign policy and its orientation on EU but as well as on Russia, nonalignment world, China which quite often is described in the West as sitting on the two chairs, Last but not the least, Germany as well as France is not very eager of politics of enlargement of EU in the eve of forthcoming elections in these countries scheduled for 2012 and 2013. Therefore its hesitation in this moment towards further enlargement with US pro Albanian politics creates tough dillemas for Serbian politics in foreseeable future.