Suchergebnisse

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.

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.

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.

What are the doctrinal implications of international responses to the demise of the Socialist Federal Republic of Yugoslavia (SFRY)? Faced with harshly conflicting internal visions of Yugoslav self-determination, the international order - taking direction from the Badinter Commission - reacted in an essentially ad hoc manner against the most manifestly virulent of the competing ethno-nationalisms. In ascribing international legal status to a particular set of constitutionally-established internal boundaries, the Badinter Commission gave a rationale that masked rather than highlighted its departure from existing doctrine, seeking thereby to minimize any implications for the future of sovereignty and s elf-determination. Any effort to invoke the Badinter Commission judgments as evidence of a broader doctrinal transformation, attributing international legal personality to constitutionally-delineated sub-national units more generally, neglects the peculiar context of those judgments and threatens to lend undue support to externally-promoted secessionist projects. Adapted from the source document.

"Democracy provides an environment in which the protection of basic human rights is best guaranteed." (Our Global Neighborhood: The report of the Commission on Global Governance, New York 1998). A comparative analysis of available data on state security services of several European states and the US points to the fundamental theoretical tenets concerning the role and the functioning of these services in democratic environment. Since their beginnings, these agencies have been the chief instrument in national security protection. Historically, in various states and in different periods, the unique mission of security services - the protection of national security - has not included uniformity of content. Among other things, this is largely due to a lack of an unequivocal definition of the concept of national security and a miscellany of "perceptions" by the ruling structures of certain states. This is why security services in totalitarian regimes, in t name of protecting "national security", have violated human rights. Due to their specific role within national security systems, security services restri certain rights of certain individuals and organisations even in democratic societies. However, democratic societies are characterised by the fact that security services operate strictly within the law and that such violations are minimal. In other words, in democratic states, security services violate some civil rights in order to protect the key sections of national security, democratic society, and community rights. (SOI : SOEU: S. 150)

Projects on the establishment of world peace in the late Middle Ages were initially marked by religious views on the world. Christian church was the subject of war and peace and it did not make differences among peoples. It had universal aspirations. This dogmatic comprehension will be abandoned by the appearance of national states where the state becomes subject of war and peace. A division among nations appears and the possibility of their mutual recognition. In that way relations among states are being regulated from the point of view of international relations. His basic principle becomes the one of sovereign equality, this could happen after the termination of religious wars which got its peak by Westphalia peace. Starting from Dubois, Podjebrady, Penn, Duke of Silly, via Hobbes, Grotius end Puffendorf, it will be possible to determine how changes in society political systems and way of production influenced the developments of ideas on perpetual peace. The achievements of these thinkers were revolutionary and were still valid. It is worth mentioning the principles of sovereign equality of states, the presence of realism in international relations and the existence of judicial institutions such as the International Court of Justice.

In this paper, the author points to the outdated textbook classification of states into three groups, according to whether they have carried out the codification of administrative procedure or not. The first group includes the states that have administrative procedures fully codified. The second group comprises the states with the so-called mixed systems, which have uncodified procedural regulations related to the administration, while the third group contains a few states that do not have administrative procedural regulations at all. The author analyzes recent changes in this highly dynamic field in order to specify general patterns, common characteristics and peculiarities of regulations of general administrative procedure in contemporary states. The paper especially points to the general acceptance of the concept of administrative act but also underscores the differences in its content in various legal systems. The author has identified and analyzed some smaller standalone trends, such as: the increasing complexity of administrative procedures along the lines of judicial procedures, and the most recent deviations from this trend; the increasing presence of administrative contracting and other forms of alternative dispute resolutions of administrative matters; and the growing insistence on the principle of citizens' participation in administrative proceedings. The goal of the analysis is to determine the degree of influence of the Global and European administrative law on the national regulations, to explore the activities of certain expert organizations bringing together a number of experts in the field of comparative administrative law, and to discuss the course of the latest regulations in this area.

The Republic of Serbia represents an employer for civil servants and employees, for employees who perform tasks within the scope of state administration bodies, courts, public prosecutors' offices, for police officers as a separate category of civil servants, etc. The regulation of the labor legal status of these persons is also carried out through the conclusion of special collective agreements in addition to the normative. A significant part of the state administration is made up of public services that, by their significance and manner of carrying out tasks of general interest, as well as by the method of financing, represent the central level of the state that encompasses the entities which are responsible for the provision of predominantly non-market services which the state is obliged to provide in order to meet the general needs of its people. The concept of administration has been established as a profession of general interest. Administration carried out by the state authorities itself is viewed in a narrower sense, and when we look at the administration through public services or public administration, we have to bear in mind that non-state actors are also entrusted with administrative activities. Based on the nature of their work, state authorities have a significant administrative function in regulating tasks and prerequisites which are important for collective negotiations in the public sector. The state administration also carries out registration of social partners, tasks related to determining the representativeness of social partners, registration of collective agreements and decision-making on the extended effect of the collective agreement. Relevant authorities, councils, state administration boards and special organizations perform their activities through tripartite and bipartite social dialogue, and decisions are made by consensus. The state administration performs and ensures the performance of state functions important for collective negotiations in the public sector, conducts a procedure for obtaining the authority of representatives of state bodies and public services to start, negotiate and conclude a collective agreement. Also, the state administration has an active role in the process of registration of the collective agreements, as well as in the obligatory mediation and conciliation and arrangement of the minimum work process in activities of general interest. The state administration maintains the legal order and secures public interest through the procedure of concluding and applying collective agreements in the public sector. Through the realization of these activities, the participation of state entities in the conclusion of collective agreements opens the question of the legal nature of collective agreements, that is, leaves the possibility for the analysis and comparison of the collective agreement and the administrative contract. Collective agreement is a general act, but in its adoption, administrative-legal relationship is recognized as a significant relationship which is regulated by numerous norms of international and national law. Both contracts are concluded with the agreement of the contracting parties, and with the reduced authoritative function of the state administration. A particularly collective association of state bodies and public services can be considered as social acts that regulate rights, obligations and responsibilities from the employment of public sector employees, which contain mandatory and normative parts, but each is an autonomous source of labor law in the public sector.

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 uses archival and newspaper sources along with basic secondary literature to examine legal proceedings conducted against Stjepan Radic', the leader of Croatia's strongest opposition party - The Croatian People's Peasant Party (HPSS). During 1919 and 1920, Radic was held in custody without trial, released, then rearrested and given a harsh sentence for politically opposing the creation of a unitaristic and centralized state under the Serbian Karadjordjevic dynasty. Radic wanted the distinctiveness of the Croatian nation to be recognized, so he sought automony for Croatia as the basis for its economic, political, and cultural development. Radic's trial, carried out inspite of the fact that some jurists felt it was unlawful, revealed the crux of the conflict between the regime and the HPSS, in effect, the Croatian opposition. Radic worked to ensure that the internal organization of the state would be based on national self-determination. For him, the upcoming election of a Constituent Assembly was all-important because it would determine the nature a Slovene-Croat-Serb state. Contrary to this, the Karadjordjevic regime assumed all the main national and constitutional questions had been settled on December 1, 1918, when a common kingdom of Serbs, Croats, and Slovenes had been proclaimed. As far as the government was concerned, only the formality of writing a constitution had to be handled by the Constituent Assembly. Even though he was released on the very day of the election, Radic's trial showed that the Karadjordjevic' regime intended to solve political problems by the use of force, and not according to the rule of law. (SOI : CSP: S. 126f.)

When researching multiculturalism and the process of Europeanisation in Serbia and countries of the region, one must first examine the status of multiculturality and multiculturalism, from the normative framework to states' policies which decidedly determine the nature and functioning of a political community. Starting from the fact that the context, nature and structure of a political community determines the essence of rights and freedoms stipulated by the constitution and laws, as well as that a synergy of good laws and sound policies enables an effective policy of multiculturality, integration and interlacing of cultures of diverse national communities in a society, the proclaimed multiculturalism was studied in this paper, with a view to ascertain whether such constitutional and legislative framework and policies exist, and if they did, whether there was concerted action between them. The key finding was that the states of the region support a civil state in principle, that they are exclusively or predominantly nationally legitimised by the highest legislative acts and that the factual state is marked by various national cultural identities that are not integrated into the model of plural citizenship. The paper shows that there is a lack of political will to transform the declared support for a pluralistic civil state into public policies affirming the values of multiculturalism, as well as that there is a lack of strong institutions to support such policy. Creating civil awareness, strengthening civil values and virtues are not priorities for state institutions or media controlled by governments. Rather than that, their priority is to strengthen national identities. Hence, based on the above, we can affirm that civil states, civil values and civil identities are only at initial stages, i.e. that they are still, only occasionally, at the level of general programme orientation and set aims. The necessary ingredient for their firm establishment is a consolidated democracy and acceptance of universal values of developed democracies, such as the rule of law and protection of human rights and freedoms.

Јавна управа, као и начин на који она обавља своје послове, доживела је велику трансформацију у последњих тридесет година услед значајних глобалних политичких, правних и економских промена. Важан аспект управних реформи представља широко распрострањено коришћење јавних агенција као облика организације управе, у циљу обављања растућег броја послова који захтевају висок ниво специјализованих знања. ; Public administration organisation and the performance of public tasks have significantly altered over the past 30 years through global political, legal and economic change. An important aspect of the administrative reforms is the widespread use of public agencies as a model of administrative organisation to perform an increasing number of specific tasks requiring high levels of expertise. This PhD thesis analyses the agencification of public administration and the specificities of the process in the field of environmental protection at the European level and in Serbia. The main focus of the research is on the legal aspects of the phenomenon, namely the regulatory functions of agencies at the European level: their interaction with other relevant bodies and actors in the regulatory process; their performance of different administrative tasks (including inspections); and their decision-making roles. The thesis examines specific aspects of the agencification process, the transformation of Serbian public administration in the context of European integration, and the influence this transformation has had on environmental governance. The goal of the research is to examine the evolution and current position of environmental agencies in the European Union's and Serbia's legal orders, to analyse the agencies' interaction with complex administrative arrangements developed at the supranational level, and to argue for enhancing their independence and (regulatory) competencies. The further goal is to contribute to legal scholarship on agencification at national and supranational levels, and especially in the field of environmental protection. The thesis consists of the introduction, three parts and the conclusion. The introduction frames and contextualises the research topic, goals and scientific relevance, and it provides a methodological framework. Part one examines the agencification process primarily at the European level but also nationally. The thesis draws attention to EU-level agency position, typology and administrative decision-making, which are highlighted as challenging issues for legal analysis.