Suchergebnisse

In the paper, the author analyzes one of the basic starting points of the theory of constitutional law, according to which the constitution as the highest formal legal act simultaneously represents a symbol of unity and vitality of a state, a sign of its identity and a factor of social integration. If it succeeds in constituting a legal and sociopolitical order, the constitution has its future. From the aspect of such a theoretical definition, the Vidovdan Constitution has only partially fulfilled its function. Created three years after the unification into a common state of peoples of the same ethnic, but completely different cultural, religious, economic and historical origin, it has become more a symbol, and less a factual and legal reality. The paper will analyze the socio-political circumstances that led to its enactment and adoption, as well as the reasons that opened the question of its change from the moment it was adopted and entered into force. If we know that the quality of a constitution is crucial for its internal properties, its content, the circumstances under which it was adopted, the manner in which it was adopted, the intentions and goals of the constitution maker, it is clear that the Vidovdan Constitution, apart from becoming a formal legal symbol of unification, could satisfy the opposing aspirations of the Serbian and Croatian, as well as the Slovenian political establishment, the intellectual elite, but also the population itself. The Serbian political course of unification included a unitary system, a monarchical form of government led by the Karadjordjevic dynasty and a state that would have all members of the Serbian people within its borders. The Croatian political elite saw the new state as a transitional solution on the path to independence and the realization of a centuriesold dream of an independent Croatian state, based on the ideology of historical and state law. Slovenians perceives the idea of unification primarily as protection from Germanization, to which it was constantly exposed within Austro-Hungary. Thus, differences in the approach to the idea of unification will become the germ of conflict in the future common state. The Vidovdan Constitution could not resolve the antagonisms and mutually opposing views, but further deepened them. However, its importance is reflected in the fact that it shows that law is powerless in the face of socio-political reality if it does not primarily represent its framework, and that this thesis is current a century earlier, equally relevant today. ; Published

The contemporay technological developments have been redefining human communication, concurrently raising the question whether users of online services and various media platforms can cope with so much freedom. Thus, the Internet as a global medium opens new legal issues and poses new challenges in the field of media legislation. Information policy, and legislation must adequately respond to the challenges of the new digital age. New media pose a new challenge for law and values, not only in a speculative sense but also in a real procedural and human sense. In times of Information and Communication Technologies (ICT), law should not turn a blind eye to the developments in the virtual space. The development of new digital environments and media platforms raises the question whether the legislation should be the same for all media, traditional and new ones alike. The first step in addressing this issue should be the provision of a broad and realistic definition of the concept of media, which will ensure the recognition of the new media. Secondly, media regulations and principles referring to the new media should be more flexible and less strict as compared to the traditional media (but only provisionally), which is more purposeful than turning a blind eye to the new media. Non-recognition and non-regulation of information dissemination via the Internet opens the possibility of causing much greater damage to the public interest.

Local government is a complex system of management (Holding Company) that directly provides various services to the local community or operates a service delivery system, of a "higher" managerial (political, economic, social) level. The services provided in local government are very numerous and different in character. In this multitude of services, utilities can be considered as the local government services in the narrow sense. Utilities are services provided by local governments that meet the needs and interests of citizens and organizations. All utilities are, in fact, activities providing utilities, that is, services provided by local governments, through their bodies, organizations and services. The actions that implement these utilities are expertly technical actions and procedures, but what precedes the undertaking of these utilities is determined by the General Administrative Procedures Act (GAPA). Therefore, the provision of public utilities has its own expert and technical aspect, as well as administrative, which accompanies it before, during and after, in terms of utility services management. The optimization of administrative procedures has become an important goal of administrative reform in many countries and involves a number of measures. What is primary is determining administrative costs and burdens, which are a significant barrier to business as well as meeting citizens' daily needs. After enlisting of the administrative procedures, it is necessary to analyze and then optimize the administrative procedures related to communal services, in order to determine which procedures need to be simplified and which should be abolished. After the analysis has been carried out, the proposal will be prepared for the amendment, or simplification of administrative procedures, as well as the eventual abolition of those that are unnecessary. ; Published

Effective environmental protection cannot be imagined without direct management of such protection by state authorities through legal prohibitions and orders, permits, approvals and exemptions, mandatory notifications, control, and repression measures of the state administration, etc. Yet, in modern environmental systems, instruments of indirect influence on the addressees of norms are gaining increasing importance, with the aim of influencing their desirable behaviour through citizens' awareness. Such instruments are used by law primarily in the field of prevention, with the aim of preventing environmental damage. When using indirect means, the state appeals to the addressees to act appropriately to protect the environment, but without forcibly sanctioning behaviour, if that appeals are not accepted. This paper analyses the nature of indirect instruments, such as public information, economic incentives of the classical and modern types, as well as environmental agreements, with an indication of their role and importance in modern environmental systems.

In the 21st century – the time of the Internet, hate speech is present throughout social media. Hate speech existed even before the advent of the Internet. However, what is different about online hate speech is the speed at which it is transmitted on certain social media, such as Twitter and Facebook. In this sense, the question of whether and to what extent online hate speech should, or rather should not be protected was posed. This paper aims to explore whether online hate speech deserves freedom of expression protection. Public officials, civil servants, and politicians often use different social media platforms, especially Twitter, to communicate new political ideas, upcoming events, and even conspiracy theories. In this sense, the aim of the paper is to investigate whether a need to balance between constitutionally protected freedom of expression and the core values of democratic society arose from the development of Internet technology.