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.
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 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.
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.
The issue of territorial disputes is a problem of a large number of states. These problems exists in the EU and in countries candidate for accession to this organization. As to the former Yugoslav republics following the collapse of the common state, the problems are created in terms of determining the territory. The issue of borders after the dissolution of a federal state such as Yugoslavia, creating major problems that can be solved only by applying two basic principles - the principle of demarcation and the principle of self-determination of nation. In international law there is no general rule, according to which the retreating boundary between the states. The author deals with issues of particular territorial disputes in the EU and between the EU countries and countries of the Western Balkan. Practically, these disputes between EU countries have existed before, and have not been resolved to their joining the organization. Whether the EU can guarantee resolution of these disputes is one of the issues raised in the paper, given that many disputes are not settled in countries that are longer or shorter time-EU countries. The conclusion is that it can not, because there are no adequate tools for this so that all the leaves to the states in disputes.
When in 2007, after the rejection of the Constitution for Europe in France and the Netherlands, European politicians defined their mandate to work on the Reform Treaty, they explicitly promised that 'the constitutional concept is . abandoned' and that 'the Treaty of European Union and Treaty on Functioning of the Union will not have a constitutional character.' In its Maastricht and Lisbon decisions, the German Federal Constitutional Court concluded that the European Union did not have a constitution since it did not have demos. The main purpose of this article is to prove the opposite. Accepting Weiler's argumentation that the EU is a political messianic venture par excellence, the author claims that, in addition to pursuing messianic goals, Europe's political elite has for a long time been streaming to root Political Messianism into democracy and position the EU in the global world. The main vehicle to transform the Community/Union from an international to a constitutional legal order has been constitutionalism. Starting from the French revolutionary Declaration, which declared civil rights and in Article 16 proclaimed 'a society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all,' the author has showed that the Union has an antirevolutionary, uncodified and evolutive constitution, whose elements are to be found in the Lisbon Treaty and its related documents, the jurisprudence of the European Court of Justice, and to some extent in the constitutional orders of the Member States. The European constitution does not mirror a national constitution in the sense that it is attributable to the people, nor it is a revolutionary product aimed at limiting the government in the name of individual freedom. It is a rule of law-oriented type of constitution, born in the process of constitutionalization and aimed at submitting public power to law on the Union level. From the perspective of modern constitutionalism, the quality of this constitution is a matter of concern, since it has managed to connect the rule of law with the protection of human rights, but has failed to do the same with regard to democracy. Despite some efforts to entrench the democratic principle in the Lisbon Treaty, the present crisis in the Union is to a great extent the result of this failure. The fact that democratic defects at the Union level appear less visible when pitted against the state of affairs in national constitutional systems cannot mitigate this failure. Yet, assuming that the EU will survive the present crisis and having in mind that the Union is 'work in progress', the issue which still remains open is whether the future efforts to eliminate the defects of the European Constitution should be tied to traditional ways of thinking about democratic accountability within nation states, or one should stop thinking in terms of a Westphalian nation-state, and accept that transnational systems can provide a cure for democratic failings in ways that differ from traditional postulates of democracy.
In the last twenty years the world has undergone serious changes, unfortunately not in positive direction. The collapse of the bipolar system and the establishment of one bloc hegemony - NATO headed by the USA, has not only failed to establish more stable and secure international relations, but, on the contrary, it has corresponded with the greatest insecurity and uncertainty of the mankind ever since World War II till the present day. After the 'counter-balance' disappeared, there has been open political, economic, even direct military, interference by the Alliance states in the sovereignty of many countries. Consequently, the world's conflicting potential has largely increased. Apart from the threats present from earlier, the contemporary world is faced with a series of new, formerly unknown or marginal, ones. The most notable among them are: uncontrolled escalation of armed conflicts; international terrorism; proliferation of nuclear and other weapons of mass destruction; expansion of drugs trafficking; illegal cross-border migrations; human trafficking and trafficking in human organs; piracy; criminalization of different areas of living; etc. The economic and financial crises have additionally warned the world of the limitedness of natural resources and, in the most serious form, posed the issue of the fight for preservation, or conquest of areas rich in raw minerals. Apart from the current courses of action in the fight for control over the natural resources, both new methods of action and new areas of contest are emerging (Arctic, Antarctic .; above and under the Earth's surface; on the sea, and under the sea bottom), over which the interests of great powers will be increasingly conflicting. Michael Klare, the author of well-known books 'Blood and Oil' and 'Resource Wars', convincingly evokes a growing hunger for resources by the picturesque title of his latest book 'Race for What's Left: Global Scramble for the World's Last Resources'. For success in this new competition in strength and skills, new strategic concepts are required. Some have already been created and preliminarily tested; others are being prepared for implementation and corrected 'on the go' based on the performance of already proved solutions; still others are being hurriedly shaped. Understandably, along with this, what actual and potential rivals do related to this, or what their activities suggest, is watched closely.
