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The paper aims to inform the domestic public about the basic concepts of behavioural economics, its historical development and intellectual basis, the application of its findings in policymaking, and its effectiveness in current practical application. In the first part of the paper, the author presents the basic concepts of behavioural economics: the nudge, the choice architecture, the libertarian paternalism, cognitive biases, and others. The second part of the paper provides a concise overview of the critiques directed at behavioural economics and libertarian paternalism (Posner's critique, Mitchell's critique), and a review of the empirical validity of certain behavioural economics phenomena. The third part presents the use of behavioural findings to inform the design of public policy in different domains (the behavioural public policy), along with numerous examples, mostly from the practice of the Behavioural Insights Team in the United Kingdom.

The paper aims to inform the domestic public about the basic concepts of behavioural economics, its historical development and intellectual basis, the application of its findings in policymaking, and its effectiveness in current practical application. In the first part of the paper, the author presents the basic concepts of behavioural economics: the nudge, the choice architecture, the libertarian paternalism, cognitive biases, and others. The second part of the paper provides a concise overview of the critiques directed at behavioural economics and libertarian paternalism (Posner's critique, Mitchell's critique), and a review of the empirical validity of certain behavioural economics phenomena. The third part presents the use of behavioural findings to inform the design of public policy in different domains (the behavioural public policy), along with numerous examples, mostly from the practice of the Behavioural Insights Team in the United Kingdom. ; Cilj rada je da informiše domaću javnost o osnovnim konceptima biheviorističke ekonomije, zajedno sa kritičkom analizom, njenim istorijskim razvojem i intelektualnom osnovom, primenom njenih nalaza u kreiranju javnih politika, kao i efektima u njenoj dosadašnoj praktičnoj primeni. U prvom delu rada, autor predstavlja osnovne koncepte biheviorističke ekonomije: usmeravanje, arhitekturu izbora, libertarijanski paternalizam, kognitivne pristrasnosti i druge. Drugi deo rada pruža detaljnu kritičku analizu biheviorističke ekonomije i libertarijanskog pateralizma, i to: Poznerovu kritiku, Mičelovu kritiku, kao i preispitivanje empirijske validnosti određenih fenomena biheviorističke ekonomije. U trećem delu, dat je prikaz upotrebe biheviorističkih nalaza u svrhu informisanja kreatora dizajna javnih politika u različitim oblastima (bihevioristička javna politika) sa brojnim primerima, mahom iz prakse britanskog Tima za biheviorističke uvide.

The forth issue of the scientific journal Facta Universitatis: Law and Politics for the year 2016 includes scientific papers in the field of law and politics.This issue comprises five articles on the topic "Contemporary Dispute Resolution Methods: a multidisciplinary approach", five articles on some contemporary issues and one review of the textbook.

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.

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 subject matter of analysis in this paper is the current vaccination policy against COVID-19 in the Republic of Serbia, relevant legal acts related to the pandemic and vaccination, as well as the organizational structure and competence of the authorities in charge of designing and implementing this policy. The paper aims to critically review the legal framework and organization of competent authorities regarding pandemics and vaccination. The starting hypothesis is that the shortcomings of the vaccination policy in the Republic of Serbia are inter alia due to the poor organizational structure of the authorities responsible for the policy design and implementation, as well as the inconsistent compliance with applicable regulations. In addition, the authors examine the vaccination policies in some other countries, such as Croatia and Germany, in order to better understand the benefits and drawbacks of the vaccination policy in Serbia. Based on the analysis of the relevant legal framework, current research and comparative findings, we propose the general recommendation to the vaccination policymaker in Serbia, which should ensure stricter and more consistent implementation of applicable regulations in the field of health protection and reliance on scientifically based facts.

The subject matter of this paper is the bankruptcy of socially-owned enterprises. The aim is to examine the implications of bankruptcy proceedings against socially-owned enterprises on the budget of the Republic of Serbia and its taxpayers. The starting hypothesis is that the bankruptcies of socially-owned enterprises will have a significant negative impact on the budget of RS and its taxpayers. In order to test this hypothesis, we used the technique of descriptive statistics to determine the differences between the Commercial Courts in Belgrade, Niš and Kragujevac in terms of the average duration of bankruptcy proceedings, the maximum and minimum duration of cases, and the percentage of cases pending over four or three years. In addition, we provide a hypothetical calculation of the costs of the bankruptcy proceedings of all socially-owned enterprises in the three commercial courts in case the objection for the protection of the right to a trial within a reasonable time has been affirmed. The results show that there are no significant differences between the three commercial courts in the time dimension of the bankruptcy of socially-owned enterprises, given the fact that the vast majority of cases exceed the reasonable time limits and that such lengthy proceedings will significantly burden the RS budget.

The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.

The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.

In this paper, the authors provide a precise terminological demarcation of the following behavioral concepts: "nudge", "shove", and "budge". Based on these concepts and three defined criteria (freedom/coercion, internalities/externalities, and behavioral insights), the authors explain various behavioral public policies and their practical implications: 1) the behavioral public policy of libertarian-paternalistic orientation (the "nudge policy"); 2) the policy of coercive paternalism; and 3) the behavioral regulation of externalities. Then, the authors provide a terminological distinction between the concept of "sludge" and "nudge", and discuss their potential misuses. Finally, based on the level of "frictions", the authors distinguish between the concepts of "administrative burden" and "sludge", as well as the types of public policies that are recommended for their reduction, particularly "sludge audits". The conclusion is that all these public policies are very close, slightly different in terms of the subject matter of regulation and the intensity of encroachment on the freedoms of individuals, but that they all have a common root in behavioral insights. ; U ovom radu autori daju precizno terminološko razgraničenje sledećih biheviorističkih koncepata: "blago usmeravanje ili gurkanje" (engl. nudge), "guranje" (engl. shove) i "pomeranje" (engl. budge). Na osnovu ovih koncepata i tri definisana kriterijuma (sloboda/prinuda, internalije/eksternalije i bihevioristički nalazi), autori objašnjavaju različite biheviorističke javne politike i njihove praktične implikacije: 1) biheviorističke javne politike libertarijansko-paternalističkog usmerenja (politike usmeravanja), 2) politike prinudnog paternalizma, i 3) biheviorističke regulacije eksternalija. Potom, autori pružaju terminološku distinkciju između koncepta "mulja" (engl. sludge) i "usmeravanja" (engl. nudge), te raspravljaju o njihovim potencijalnim (zlo)upotrebama. Konačno, na osnovu nivoa "frikcija", autori razgraničavaju i koncepte "administrativnog ...

In this paper, the authors provide a precise terminological demarcation of the following behavioral concepts: "nudge", "shove", and "budge". Based on these concepts and three defined criteria (freedom/coercion, internalities/externalities, and behavioral insights), the authors explain various behavioral public policies and their practical implications: 1) the behavioral public policy of libertarian-paternalistic orientation (the "nudge policy"); 2) the policy of coercive paternalism; and 3) the behavioral regulation of externalities. Then, the authors provide a terminological distinction between the concept of "sludge" and "nudge", and discuss their potential misuses. Finally, based on the level of "frictions", the authors distinguish between the concepts of "administrative burden" and "sludge", as well as the types of public policies that are recommended for their reduction, particularly "sludge audits". The conclusion is that all these public policies are very close, slightly different in terms of the subject matter of regulation and the intensity of encroachment on the freedoms of individuals, but that they all have a common root in behavioral insights.