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Häberle claims constitutional law is a comparative experiential science closely linked with political science with which it shares the research subject. The constitutional state has been going through a permanent process of changes; the central question is who is the prime mover of constitutional changes: constitutional/legal institutions, constitutional/lega science and political science or public opinion and political culture of citizens? By analysing the recent history of the changes of the German constitutions he suggests that all these factors contribute to constitutional changes. Nevertheless, as an expert for law and political science, who considers himself as belonging to the wider European scientific community, Häberle thinks that the decisive influences in constitutional changes stem from legal and political sciences and concludes: Sine qua (scientia) mortalium vita non regitur liberaliter. (Without science, mortals do not command their life freely). (SOI : PM: S. 186)

The paper deals with cross-border insolvency protocols as special source of insolvency law. Protocols are agreements between parties in insolvency procedure that deal with many significant questions in order to establish cooperation and coordination between participants. Protocols are used in cross-border insolvency proceedings in order to overcome differences between state legislation that can pose major obstacle for maximization of the value or efficient reorganization procedure. This instrument has special significance in cases of cross-border-group-insolvencies. Namely, in this case every subsidiary is a separate entity, but the preservation of economic value of the group as a whole calls for cooperation between insolvency practitioners and/or judges. The topic is especially interesting having in mind that European Insolvency regulation Recast explicitly mentions the use of protocols as means of cooperation (Recital 49). This will most definitely have broader implications on insolvency laws of civil law countries and it will contribute to wider use of protocols in these countries.

Serbia's Law on Planning and Building has imposed the topics of energy efficiency in building sector, requiring adequate policy making and providing a starting point for improvement of the current situation in this field. Considering the fact that there are more than 3.200.000 housing units without any statistical classification a need arose for establishing a national building typology as a starting point for further decision making and appropriate activities definition regarding the existing housing stock.After joining EU TABULA (Typology Approach for Building Stock Energy Assessment) project, methodologies and approaches of the European countries have been analysed providing a common experience, at the same illustrating a need for identification and classification of local characteristics. In order to obtain adequate data a comprehensive survey has been conducted, providing a starting point for creation of typology. The National Typology has identified typical "model" buildings and defined the levels of improvement ranging from standard (according to the current law) to the low-energy level. The paper explains the methodology, procedures and local characteristics of the process and gives an insight in the activity describing the problems and potentials of the approach. ; Serbia's Law on Planning and Building has imposed the topics of energy efficiency in building sector, requiring adequate policy making and providing a starting point for improvement of the current situation in this field. Considering the fact that there are more than 3.200.000 housing units without any statistical classification a need arose for establishing a national building typology as a starting point for further decision making and appropriate activities definition regarding the existing housing stock.After joining EU TABULA (Typology Approach for Building Stock Energy Assessment) project, methodologies and approaches of the European countries have been analysed providing a common experience, at the same illustrating a need for identification and classification of local characteristics. In order to obtain adequate data a comprehensive survey has been conducted, providing a starting point for creation of typology. The National Typology has identified typical "model" buildings and defined the levels of improvement ranging from standard (according to the current law) to the low-energy level. The paper explains the methodology, procedures and local characteristics of the process and gives an insight in the activity describing the problems and potentials of the approach.

This article's point of departure is that the national self-determination doctrine remains one of the most paradoxical, contested, but successful doctrines which has largely contributed to the shape of our existing international system of nation-states. It argues that the doctrine which is intended to safeguard peace and human dignity is and always has been at the heart of many conflicts. Starting with the tension between the universality of the national self-determination doctrine and the particularity of the national group whose interests it promotes, the article explores other paradoxes contained within this doctrine. They range from political and legitimacy challenges to the very nation-state it creates, through the violations of human rights contrary to its very meaning, to the fact that national self-determination doctrine, far from being a national issue, is actually an international affair. While not rejecting the doctrine, the paper concludes with the final (ninth) paradox that perhaps the success of this doctrine should not be measured by how many states it can produce, but how it can make the existing states a safe home for more self-differentiating national groups. Adapted from the source document.

In this paper the author points out to the importance of main organizations for establishing of international peace and security. They are the following: League of Nations, United Nations, Organizations of European Security and Co-operation, Conference of European Security and Co-operation, European Council, West European Union and NATO. Until the end of the Cold war, the universal organizations have played primordial role, but after the mentioned period the regional ones took the lead. The reason lies in the shift in balance of power - from bipolar to unipolar. The League of Nations and CESC can be observed from the historic perspective. NATO and UN played a crucial role during the internationalization of Kosovo issue and the act of intervention itself. NATO demonstrated its power and proved in the absence of real balance of power, la force l'emporte sur le droit. On the other hand, UN had passed several resolutions that condemned violence in Kosovo and Metohia (1160, 1199 and 1203 - all passed in 1998). During 1999 Security Council had passed a famous Resolution 1244, by which it was decided a civic and military mission should be established in Kosovo and Metohia - UNMIK and KFOR KFOR dealt with security issues in order to ensure the respect of it to all nationalities in Kosovo and Metohia. UNMIK set a very ambitious task lying ahead trying to establish standards before the future status. Realizing that it would be impossible to reach the standards, UNMIK started with the policy of status determination without standards establishing. The outcome of such policy is Ahtissari's Plan for supervised Independence of Kosovo, and finally the Declaration of Self-proclaimed Independence of Kosovo. We are also witnessing the transfer of horizontal and vertical effective state authorizations to the mentioned international organizations, bearing in mind problems it encounters. NATO deals with security issues, but European Union being unable to deal with such tasks (ESDP policy is to be as attempt), is more concentrated on economic issues.

The maxim that the people is the agent of the constituent power has, since the French revolution, been a universally accepted answer to the issue of the origin and the degree of validity of constitutional law which, as the ultimate norm of a state's legal order has no other higher positive law norm. But that maxim disregards political reality. Neither is it convincing from the point of view of the theory of state. The people is not the subject of activity but onl of reference. The maxim on the constituent power of the people is a democratic myth. As such it is polyvalent: the reinforcement of revolution or its prohibition determine whether the existing constitutional regime is to be overthrown or legitimised. The doctrine of the constituent power of the people is not cognitively rewarding as a theory of legitimation, either, since the effectiveness of a constitution does not depend on its provenance but on the reception it gets here and now from its addressees: state agencies and citizens. (SOI : PM: S. 63)

The author analyses the relationship between the constitutional law and the political reality. Using the historical material of the German constitutional legal practice to analyze this relationship, the author concludes that a good constitution can function solely in the setting of a good political culture of state's citizens. Citizenry of a certain political culture always goes hand in hand with a good constitution. (SOI : PM: S. 148)

The central question in teaching the subject of confidential information is to define the borderline between the citizens' interest in learning certain information ("the right to know") and the general interest of keeping certain information confidential - in a word, between the justifiable and unjustifiable secrets. This is an area which includes parts of administrative and public media law and the theory of public law. This paper is limited to the analysis of the issue of the classified information in state possession (state, military and official secret) on three levels: theoretical, comparative and on the level of Croatian legislation. The essential elements of the theoretical concept of confidentiality are: the possession of the information kept secret from others; deliberate concealment; social context. A secret can have different forms: strategic, private, pressing, sequential, collective, petty, deep, simple, exploited and as conspiratorial as a plot. The theoretical analysis of confidentiality deals with the questions of contemporary forms of the manipulation of information (defining agendas and priorities, "quantitative overload", lobbying) and with the generic issue of the process of decision-making, lies and halftruths. In the end, the author offers certain elements for the legislation regarding classified information. (SOI : PM: S. 197)

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.

Freedom of expression enjoys a particular protection in the case-law of the European Court of Human Rights. According to the Court, freedom of expression constitutes one of the essential foundations of a democratic society, and one of the basic conditions for its progress and for the development of every man. Moreover, it is applicable not only to 'information' or 'ideas' that are favorably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population, since these are the demands of that pluralism, tolerance and broadmindedness without which there is no 'democratic society'. This high valuing of freedom of expression is particularly striking when it comes to the political speech, the free political debate being a distinctive feature of a democratic society. Nevertheless, the European Court considers that whoever exercises his freedom of expression undertakes 'duties and responsibilities', and that the freedom of political debate is undoubtedly not absolute in nature. More concretely, when the hate speech is at issue the Court underlines that the tolerance and respect of equal dignity of all human beings constitutes one of the essential foundations of a democratic and pluralist society, and that in a democratic society, in principle, it may be considered necessary to punish and even to prevent all forms of expression which propagate, incite, promote, or justify the hate based on intolerance. Taking into account the notion of prohibition of hate speech in the constitutional system of the Republic of Serbia, and the place of the European Convention on Human Rights in its hierarchy of legal sources, this paper follows the evolution of the European Court's case-law as to the understanding and definition of conditions under which it may be considered necessary in a democratic society to restrict freedom of expression because of hate speech. This legal standard - necessary in a democratic society, is then compared to the clear and present danger test, which has been developed for almost a century in the case-law of the Supreme Court of the United States of America, and which application is sometimes recommended in Europe.