Suchergebnisse

Rad analizira problem neadekvatne teritorijalne reprezentacije parlamenata ‎koji se biraju putem proporcionalnog izbornog sistema sa jednom izbornom ‎jedinicom. Predmet posmatranja su predstavnička tela Srbije, Holandije i Izraela‎ sa tvrdnjama da na njihovu geografsku reprezentativnost dominantno utiču ‎faktori koji nemaju direktne veze sa izbornim pravilima, kao što su etnička‎ struktura društva i broj lista koje prelaze cenzus. Utvrđuje se da ne postoji jedinstvena ‎pravilnost koja utiče na geografski sastav parlamenta u svakoj od ovih‎ država, već se presudni faktori teritorijalne reprezentativnosti razlikuju u zavisnosti ‎od društvenog konteksta u kome izborni sistem egzistira.‎‎ ; This paper analyzes the problem of insufficient territorial representation of‎ parliaments elected through a proportional electoral system with a nationwide ‎electoral district. The subject of analysis are the representative bodies of Serbia, ‎the Netherlands, and Israel, with the claim that their geographical representativeness ‎is dominantly influenced by factors that have no direct connection ‎with election rules, such as the ethnic diversity of society and the number‎ of party lists that win seats in parliament. It is established that there is no single‎ regularity that has an equal effect on the geographical composition of the ‎parliament in each of these countries. Instead of that, the key factors of territorial‎ representation are different depending on the social context in which ‎the electoral system exists.‎

The Constitution of 1990 established a bicameral parliamentary system. The constitutional bicameralism has never been seriously theoretically and politically expounded; thus the issue of the representativeness and functionality of the second House of "Sabor" has remained open. The constitution of "zupanija" (county) casts some doubts on the representative function of that body, while the consultative and deliberative functions and especially the interventions into the legislative system by means of the suspensory veto have remained unfulfilled due to the same party's majorities in both houses. Regarding the 1997 electoral results for the House of Counties, this situation will not be dramatically changed. (SOI : PM: S. 103)

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.