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 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.
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 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.
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 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.
In his first interview to Croatian media after a long period of silence, in October 1989 the leader of the newly formed Croatian Democratic Union (HDZ), Franjo Tudjman, described himself as 'a Croat man, Marxist, Revolutionary and Historian'. Why did he use concepts such as 'Marxist' and 'Revolutionary' at the time when elsewhere in Central and Eastern Europe these concepts became politically incorrect and unpopular? In this article we argue that Tudjman's views on self-determination and secession of Croatia from Yugoslavia were driven by life-long commitment to Leninism and (especially when it comes to the 'national question') Stalinism. When he reappeared in Croatian politics in 1989, Tudjman used the Leninist - not Wilsonian - concept of 'self-determination', which in Lenin's and Stalin's interpretation includes the 'right to secession'. This position enabled him to form an unusual - but logical - coalition with former Communists who were at the same time also nationalists, as well as with anti-Communist separatists. The author analyses the link between Tudjman's politics in the 1990s and Leninist-Stalinist principles of the 'right to self-determination' and 'right to secession'. Adapted from the source document.
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.
This article presents results of the research in contemporary trends of international economic inequality. The author argues that international economic inequality is a bidirectional and complex concept. The bidirectionality and complexity of the concept is reflected in the fact that there are countries that concurrently converge to or diverge from the most developed countries in terms of their economic development. The key finding presented here is the rise of economic inequality between countries, especially between the poorest and the richest countries. The exceptions are some countries that have made significant progress in the period from 2000 to 2014 in reducing the economic inequality in comparison to the richest countries. The most important factors that have contributed to their progress are distinctive economic institutions and development policies of those countries, as well as the effects of the financial crisis since 2007-2008, which caused a decade-long stagnation in the most developed parts of the world. ; Rad je posvećen istraživanju savremenih trendova međunarodne ekonomske nejednakosti. Namera autora u ovom radu jeste da ukaže da je međunarodna ekonomska nejednakost dvosmeran i složen koncept. Dvosmernost i složenost tog koncepta se ogleda u činjenici da istovremeno postoje zemlje koje se u pogledu razvoja udaljavaju ili približavaju najrazvijenijim državama. Ključni zaključak rada jeste da ekonomska nejednakost između država raste, posebno između najsiromašnijih i najbogatijih država. Izuzetak su pojedine zemlje koje su u periodu od 2000. do 2014. godine učinile značajan iskorak u smanjenju ekonomske nejednakosti u usporedbi sa najbogatijim državama. Najvažnije faktore koji su doprineli tom napretku čine osobene ekonomske institucije i razvojne politike tih država, kao i finansijske krize i višedecenijska stagnacija u najrazvijenijim delovima sveta.
Despite the progress in all fields, modern society is facing the development of the means of political violence. Technological development also has its dangerous side. Many researches in the field of science are often carried out for the sake of military needs, and scientific researchers are often misused in military purpose. Political violence represents one of the greatest threats for the democratic development and human rights in contemporary society. The main goal of this paper is to analyze the position of political violence in contemporary society, particularly focusing on its covert use by the great powers, which is often justified by the struggle for democracy and achieving human rights. In that sense this paper is divided into two parts. The first part analyzes the globalization process, underling that this process has double face, whose negative side can significantly contribute to the spread of political violence. In the second part the author deals with the relations between policy and violence in contemporary society. The paper underlines the need for critical approach to political violence. This critical approach is crucial for understanding of political violence which is the first step in the fight against it. Political violence is not always negative and sometimes can have a positive role, especially when it comes to defensive war and combating terrorism. But the main problem here is that this can be misused to justify political violence in general. What is positive and what is the negative role of political violence often depends on the perspective of observation. Unfortunately, it seems that the privilege to enforce the standard today is reserved only for great powers, and they have become main judges who decide when political violence is to be approved of or not. This is the way in which a war becomes humanitarian interventions, protection of human rights, etc. That is why it is of great importance to encourage and initiate all actions in science which aim to understand and counter this complex phenomenon.
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.
The subject matter of research in this paper is theoretical controversy related to the definition of right-wing extremism. Given the fact that extremism is a variable, amorphous and insufficiently researched phenomenon, largely conditioned by time, space, political and cultural differences, there is a great confusion in the field of political science when defining right-wing extremism. The problem of researching right-wing extremism is additionally complicated by various terms that are being used in the contemporary literature as its synonyms, such as right-wing radicalism, neo-Fascism, ultra-radicalism, etc. In order to provide the most valid theoretical determination of right-wing extremism, the author provides a detailed analysis of all the components constituting this phenomenon and examines their causality. In the political praxis, the term extremism is extensively abused, which additionally complicates its determination. Videlicet, politicians often use term 'extremist' in order to discredit their political opponents. While during the French revolution aristocracy saw the bourgeoisie as extremists, the members of the working class later stated that the bourgeoisie were extremists. The problem lies in the fact that, in politics, extremists are not only the ones who use violence as modus operandi; indeed, it is also used by political opponents who do not belong to the extreme political option. Another aggravating factor in defining right-wing extremism is that many administrative and academic definitions do not make a clear distinction between extremism and related phenomena, such as terrorism, radicalism and populism. Extremism is most often equaled with terrorism, which gives rise to another problem in defining this phenomenon. The relation between extremism and terrorism is the relation of general and specific. Namely, every act of terrorism is concurrently considered to be an act of extremism, but not vice versa, given the fact that every act of extremism does not lead towards a higher level of political violence (i.e. towards terrorism). Even in the terms of legal sanctioning, it is much easier to incriminate terrorism in comparison to extremism. The Serbian criminal legislation envisages relevant punishment for committing an act of terrorism, without even mentioning extremism, which implies that there is no penalty prescribed for committing an act of extremism. Despite numerous academic and administrative definitions on the concept of extremism, there is still a lack of a balanced approach to defining right-wing extremism, which is also largely conditioned by political definitions. The most prominent problem in addressing the social phenomena such as right-wing extremism lies in the fact that these social phenomena are dynamic and, in order to be analysed in a scientifically objective manner, they must be examined in the specific temporal, spatial and socio-political context.