COLLECTION OF PAPERS, FACULTY OF LAW NIŠ
GENERAL PRINCIPLES OF INTERNATIONAL LAW AS PEREMPTORY NORMS OF INTERNATIONAL LAW
The paper analyzes the relationship between general principles of law and peremptory norms (ius cogens) in contemporary international law, starting from Article 38(1)(c) of the Statute of the International Court of Justice and Article 53 of the Vienna Convention on the Law of Treaties. Special attention is paid to the question of whether general principles of law, traditionally understood as a subsidiary source of law, can acquire the status of norms from which no deviation is permitted. First, the nature and function of general principles of law are examined, distinguishing between principles derived from domestic legal systems and those inherent in the international legal order itself. The paper then analyzes the concept, elements, and legal effects of peremptory norms, with particular reference to the work of the International Law Commission and relevant judicial practice. The central part of the paper is devoted to doctrinal debate on the possibility of converting general principles into ius cogens norms, juxtaposing arguments that emphasize differences in their genesis and function with views highlighting material criteria, such as normative intensity and universal acceptance. Based on the analysis of specific examples, the paper shows that some peremptory norms have multiple origins and may reflect values contained in general principles of law. On this basis, the concept of a transversal hierarchy is developed, according to which ius cogens represents a meta-normative quality that may be inherent in norms of different formal origins. It is concluded that, although general principles of law generally retain their subsidiary function, the possibility is not excluded that certain principles, under strict conditions, may evolve into norms of the highest hierarchical rank, thereby confirming the value-based transformation of the international legal order. The transformation of general principles into ius cogens norms exemplifies the development of a truly global and value-based legal order.
The relationship between the breach of an international treaty and the use of force appears to be undisputed – contemporary international law leaves no room for invoking a treaty breach as an independent legal basis for the use of force. However, through selected case studies, this paper explores how states invoke treaty breaches within their legal arguments when justifying the right to self-defence as one of the exceptions to the prohibition of the use of force. Furthermore, the paper analyzes whether a breach of an international treaty is utilized by the United Nations Security Council as an argumentative element when authorizing the use of force, representing the second exception to the general prohibition. The subject of consideration includes the regime of the prohibition of the use of force, the provisions of the law of international treaties, and the rules on the responsibility of states for internationally wrongful acts. Finally, the paper examines the doctrinal debate between extensive and restrictive interpretations of the right to self-defence, specifically addressing whether a treaty breach can serve as a "trigger" for the activation of this right.
THE EUROPEAN MEDIA FREEDOM ACT: REGULATORY DEVELOPMENT AND IMPLEMENTATION CHALLENGES
Media regulation plays an essential role in safeguarding democracy and ensuring the proper functioning of the European Union’s internal market, as it secures the free flow of information, strengthens pluralism, and reduces risks of political and economic influence. These objectives lie at the core of the European Media Freedom Act (EMFA), the first binding EU legal framework dedicated to media freedom and pluralism. The paper examines the development of the EU media law framework and the context leading to the adoption of the EMFA, as well as the challenges that arise in its early implementation. It also traces the development of EU media law – from the Television Without Frontiers Directive, through the AVMSD, to the DSA/DMA package – which illustrates the rationale behind adopting a single regulation. The analysis provides an overview of the key regulatory aspects of the EMFA and assesses the challenges accompanying its implementation in the EU Member States.
THE CONTRACT OF SALE IN SERBIAN MEDIEVAL LAW SUMMARY
This paper provides a comprehensive analysis of the contract of sale in medieval Serbian law, based on a wide corpus of legal, diplomatic, and customary sources. Beginning with the works of Teodor Taranovski and Aleksandar Solovjev, the study examines how the contract of sale functioned as a central institution of private law during the Nemanjić period. Although medieval Serbian legislation primarily regulated public law relations, numerous provisions of Dušan’s Code, royal charters, commercial agreements with Dubrovnik, and the preserved private deeds—most notably the Prizren Deed from the 14th century—reveal a developed system of contractual obligations. The paper identifies and explains the essential elements of the contract of sale, including the object of sale (movable and immovable property, as well as certain rights), the price, and the consensual formation of the contract, which in practice produced real effects upon the declaration of will and the drafting of the deed. Special attention is devoted to institutes such as pre-emption rights, the seller’s duty to protect the buyer from eviction, and the role of procedural mechanisms in safeguarding contractual rights.A significant thematic component of the study is the influence of Byzantine law—particularly the Ecloga, the Syntagma of Matthew Blastares, and Justinian’s legislation—on Serbian medieval legal practice. Scholars differ regarding the extent and hierarchy of these influences, but the analysis demonstrates that Serbian private law cannot be fully understood without situating it within the broader Romano-Byzantine legal tradition. The Prizren Deed, structured according to Byzantine formularies, serves as a key example of this reception. By combining source analysis with the methodological principles advocated by Taranovski—especially the necessity of comparative legal history—the paper shows that the Serbian medieval contract of sale reflects a synthesis of domestic customary norms and external legal models. The concluding part emphasizes that this institution not only illuminates the practical functioning of private law in medieval Serbia but also contributes to a deeper understanding of the broader legal culture and its position within European medieval legal developments.
Lending of Electronic Books by Public Libraries Under European Union Law
Public libraries in the European Union are recognized as important institutions that provide citizens with access to art, science, and objective information. In all EU Member States, public libraries enjoy a privileged position due to the public function they perform. For centuries, one of the core services offered by libraries has been the lending of books. In recent decades, owing to the process of mass digitization, electronic books have become increasingly popular among readers. Consequently, the question has arisen as to whether the lending of electronic books by public libraries is legally permissible. The first part of this paper is dedicated precisely to these issues: the position of public libraries in the European Union, the concept of electronic books, and the legal right of public libraries to lend books. The dilemma concerning the permissibility of e-book lending was resolved by the Court of Justice of the European Union in its 2016 judgment in Vereniging Openbare Bibliotheken (VOB), where the Court held that the lending of electronic books is permissible under certain conditions. Subsequently, in its 2019 judgment in Tom Kabinet, the Court of Justice of the European Union imposed an additional restriction regarding the lending of electronic books by public libraries. In the second part of the paper, the author analyzes these CJEU judgments and highlights best practices established in the Kingdom of the Netherlands.
The International Scientific Conference “Legal Protection of Children”, Faculty of Law, University of Niš, Niš, 11–12 December 2025.
The Theoretical and Legal Foundations of Privacy in the Public Sphere
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UnhideWhenUsed="false" QFormat="true" Name="Intense Emphasis"/> <w:LsdException Locked="false" Priority="31" SemiHidden="false" UnhideWhenUsed="false" QFormat="true" Name="Subtle Reference"/> <w:LsdException Locked="false" Priority="32" SemiHidden="false" UnhideWhenUsed="false" QFormat="true" Name="Intense Reference"/> <w:LsdException Locked="false" Priority="33" SemiHidden="false" UnhideWhenUsed="false" QFormat="true" Name="Book Title"/> <w:LsdException Locked="false" Priority="37" Name="Bibliography"/> <w:LsdException Locked="false" Priority="39" QFormat="true" Name="TOC Heading"/> </w:LatentStyles> </xml><![endif]--><!-- [if gte mso 10]> <![endif]--> This paper examines the evolution of privacy from a classic right to be let alone to a dynamic, multidimensional civil subjective right. Analyzing privacy as an umbrella concept that safeguards personal integrity, autonomy, and dignity, the study categorizes its various manifestations through the intimate, private, and individual spheres. Special emphasis is placed on informational privacy and the four freedoms (bodily, mental, decisional, and informational), which serve as essential protections against the pervasive risks of information and communication technologies. The author argues that personal data protection functions as a technical˗legal concretization of privacy, transforming abstract values into practical mechanisms within the framework of the GDPR and national legislation. Furthermore, the paper addresses the civil law challenges of protecting personal attributes and privacy in public spaces, highlighting the multiplicative and permanent nature of digital violations.
Divorce is a relatively frequent phenomenon the consequences of which affect not only spouses but also their offspring, other family members, wider social community, as well as pets owned by such married couple. The Family Law of the Republic of Serbia, though containing numerous rules, being of substantive law and procedural law character, on a dissolution of marriage and its consequences, it speaks nothing about legal fate of the divorced spouses’ pets in the event they do not agree on who will take care of them once the marriage has been terminated. Should a pet be treated, during divorce, as a movable property, which has been a predominant stand in Serbian judicial practice for decades, or as a living being that, like a human being, can feel pain, suffering, fear, stress, and panic, which is explicitly stipulated by the Law on Animal Welfare? In the research process, using primarily comparative and legal, but also legal and dogmatic, normative and legal, and historical and legal methods, we have been seeking an answer to the question posed. Through a prism of legal solutions, judicial stands and theoretical concepts in French, Russian, Spanish and American laws, we shed light on contemporary trends regarding the legal fate of pets after the divorce of their owners. This research has a dual purpose. On one hand, the aim is to propose adequate solutions to the Serbian legislator that should facilitate making the divorce as painless as possible for the spouses themselves, but also for their pets. On the other hand, the number of abandoned pets as a result of the termination of marriage through divorce should be reduced by this proposed legal mechanism precisely.
INTERNATIONAL AND EUROPEAN STANDARDS OF LONG-TERM CARE: TOWARDS THE EMERGENCE OF A DERIVED SOCIAL RIGHT
This paper analyses the normative role of international and European standards in shaping the right to long-term care. It proceeds from the premise that long-term care is not formulated as an autonomous social right in positive international law, yet its legal content may be derived from the broader corpus of human rights, in particular the right to social security. In this context, the paper examines relevant universal standards developed within the framework of the United Nations and the International Labour Organization, as well as the European normative framework established within the system of the Council of Europe and European Union law. Through normative analysis, it is demonstrated that the cumulative effect of these sources progressively gives rise to legally binding positive obligations of the state, as well as to a minimum normative core in the field of long-term care, encompassing the provision of available, accessible, high-quality and non-discriminatory support services for persons in a state of functional dependency. Long-term care can therefore no longer be regarded solely as a matter of social policy, but increasingly as a derived legal category aimed at ensuring a dignified life, social inclusion, and the independence of persons dependent on care and assistance.
REOPENING OF PROCEEDING IN ADMINISTRATIVE DISPUTE
The significance of the requirement that administrative authorities act in accordance with the law-particularly when deciding, by way of individual administrative acts, on the rights, obligations, and legally protected interests of individuals-is recognized and emphasized by the highest legal act, the Constitution of the Republic of Serbia. Article 198(2) provides that: “The legality of final individual acts deciding on rights, obligations, and legally protected interests shall be subject to judicial review in an administrative dispute, unless another form of judicial protection is prescribed in a specific case.” This constitutional provision is affirmed by the Law on Administrative Disputes (hereinafter: the LAD), which, in Article 1, defines the purposes of administrative dispute proceedings as: “judicial protection of individual rights and legal interests” and “ensuring the legality of decision-making in administrative and other individual matters prescribed by the Constitution and the law.” The aims and rationale of administrative dispute proceedings clearly follow from these provisions. From the standpoint of these objectives, the administrative dispute should be understood as a unity of the system of primary and secondary administrative-judicial protection. This implies that, if the goals are not achieved in the first-phase of primary administrative-judicial protection, then the entire "burden" of their implementation "falls on the shoulders" of secondary protection-by legal means (in administrative dispute). Within this context lies the social and legal-political relevance of legal remedies in administrative dispute proceedings. Given that the current LAD recognizes exclusively extraordinary legal remedies - Reopening of administrative disputes proceedings and a Request for Review of a Judicial Decision - and that, for the first time since the adoption of the first post-war LAD (1952), it entirely excludes ordinary legal remedies from the system of secondary administrative-judicial protection, it is difficult - amid comprehensive reforms of public administration and those that still await administrative judiciary reform - not to raise the following questions: Are the legal remedies provided by the governing statute adequate to ensure the realization of the objectives for which they were introduced into the system of administrative-judicial protection? How effective are they in practice? Is their level of effectiveness sufficient to justify a single-instance administrative judiciary? Finally, does the protection afforded through these remedies -substantively - correspond to that required by the right to an effective legal remedy (Article 13) and the right to a fair trial (Article 6(1)), as guaranteed by the European Convention on Human Rights?
CIVIL LIABILITY FOR DAMAGE ARISING FROM TERRORIST ATTACKS, PUBLIC PROTESTS AND PUBLIC EVENTS
The Civil Obligations Act governs civil liability for harm resulting from social conflicts, including terrorist attacks and public protests. Damages incurred at public events are covered under the same legal standard. The state is burdened by strict liability. This case of liability is restricted to specific types of harm brought on by individual death, physical harm, or property destruction. The paper examines the conditions of this liability case, with a focus given to the causal link. Some states that were part of the former SFR Yugoslavia regulate this case of state liability because, upon separation, they enacted laws based on the 1978 federal Civil Obligations Act. Others have abandoned or moderated this case of state liability. A comparable instance for this kind of damage is uncommon in comparative law. The injured party in the criminal acts have the right for compensation, which includes terrorist attacks. In the case of damages during the public protests, state is liable only for the harm that police officers inflict on protesters. With exception to that situation, the rule is that the person who produced the harm is liable for damage caused during public protests, which means that individuals are responsible for any damage they do to other participants during the demonstrations and other public events.
STATE-CHURCH LAW IN THE KINGDOM OF THE SERBS, CROATS, AND SLOVENES UNTIL 1930: LEGISLATIVE ACTS ON RECOGNIZED RELIGIONS
The plurality of state-church relations points to the need for a typology of possible relations within which it is possible to recognize the specificities of our time and space. In this paper, the reflections are directed towards a legal-historical approach to state-religious regulation in the First Yugoslavia. The “new state” established a special policy of state-religious law. By eliminating the concept of a “state church” and changing the model of state-church relations, the effect of resolving complex issues of the legal status and activities of churches and religious communities was achieved. Systematic legislation ensured consistent treatment of traditional churches and religious communities, which made the complex mutual relations of distant communities follow the process of integration and mutual coalition. State-religious law in Yugoslavia and the concept of state and national unity, promotes a flexible relationship between different confessions and balance in communication with other religious communities.
THE PRINCIPLE OF AUTONOMY OF STATE ADMINISTRATION AUTHORITIES IN THE REPUBLIC OF SERBIA
The principle of autonomy constitutes a legally regulated relationship between administrative authorities and other state bodies or non-state entities. It entails relative—objectively determined by law—organizational and functional autonomy of administrative authorities, as well as the functional autonomy of authorized officials. Following a lexical-semantic analysis of the term and the delineation of related concepts, the paper first presents a theoretical and legal framework of the autonomy of administrative authorities, followed by a historical and legal overview and an analysis of the normative framework in the Republic of Serbia. The author concludes that constitutional and statutory provisions provide a solid normative basis for the autonomy of administrative authorities, yet there remains a need for its further enhancement. More importantly, there is a constant need to improve political practice and legal tradition in the consistent application of legal norms, that is, to develop a firmly established understanding and general consensus regarding the inadmissibility of undue influence on the work of administrative authorities.
LEGAL EFFECTS OF RECOGNITION OF SAME-SEX UNIONS: APPLICATION OF EUROPEAN STANDARDS
The ECHR requires that persons of the same-sex be in a stable and lasting union in order to determine the existence of family life between them. In order for family life to exist, it is not enough for persons of homosexual orientation to be in a short-term and transient relationship, but a stable union is required, which can be manifested through assumed union, shared place of residence, joint business, acquisition of property in the union. Unlike the previous practice of the ECHR, which until 2010 and the judgment in Schalk and Kopf v. Austria, refused to recognize a relationship between persons of the same sex as a relationship that can be considered in accordance with the rules of family life. considers this relationship as family life, and characterizes the lack of legal regulation and legal protection of these relationships as a violation of the right to respect for family life. Despite the fact that family life is established, the state is not obliged to provide for the conclusion of marriage by a person, but, according to the adoption of the practice of the ECHR, it has an obligation to somehow, i.e. through a certain form, recognize these unions, and in this respect it leaves the home states a wide margin of appreciation. Since the judgment in Schalk and Kopf v. Austria, a relationship between homosexual persons living together indisputably constitutes family life.
JUSTIFICATION OF THE RIGHT TO BUILD ON AGRICULTURAL LAND
Agricultural land, as defined by comparative law, the Macedonian Ownership and Other Real Rights Act, and the subject-specific laws on agricultural land, is considered a thing of public interest and should be used for agricultural purposes. The Agricultural Land Act promotes its rational use, with the primary aim of producing agricultural products. Regarding this aim, the Law allowed the construction of facilities on that land, which should enable the cultivation of agricultural products and benefit from it. Also, the Macedonian legal system has expanded the list of types of facilities that may be built on that land. In practice, this expansion has led to extensive construction on that land. As a result, nowadays, the agricultural land is used more for tourism and sports, rather than increasing the yield of agricultural production. In addition, these legal norms have contributed to the increase in the import of agricultural products from abroad, creating disadvantages for domestic production. Therefore, in this paper, we will address the issue of how the Macedonian legal system can resolve this social conflict through new legal norms. Keywords: law, agricultural land, construction, public interest.
URBAN PLANNING AND DEVELOPMENT AND THE NEED FOR BALANCING PUBLIC AND PRIVATE INTEREST
Urban planning and development are processes which can be observed from many different aspects. One of the most essential issues regarding urban planning and development concerns creating a system that provides sustainable urban development. The functionality of such a system is measured primarily by its capacity to provide urban development that is in line with the environmental, social and economic requirements of modern living. Reaching such requirements calls for balancing public and private interests, which more often than not tend to collide. Although there are many contributing factors to the system's functionality, this paper focuses on the regulation concerning urban planning and development and its role in sustainable urban development. The main focus of this paper's research is the regulation of urban planning and development in the Macedonian legal system and its capacity to create a fair balance between public and private interests in the pursuit of sustainable urban development.
STRICT FORMALISM OF WILLS OR SOVEREIGNTY OF TESTAMENTARY INTENT: WHICH SHOULD PREVAIL?
The paper examines the tension between strict formalism and testamentary intent in the law of wills. Traditionally wills are strictly formal acts (forms ad solemnitatem): any deviation, even minor, renders the will invalid and triggers intestacy. Against this backdrop, Anglo-American theory and practice have advanced flexible approaches that prioritize testamentary intent over strict compliance, chiefly the harmless error doctrine and the dispensing power doctrine. These have influenced legislation and case law in common-law jurisdictions and spurred debate in continental European theory over whether priority should be given to strict formalism or to testamentary intent. The development of digital technologies further complicates the issue because electronic wills are not regulated, creating a real risk that such wills will be annulled despite the existence of clear testamentary intent. The paper cautions, however, against an overly liberal model, especially broad dispensing powers, which can erode the protective and evidentiary functions of form. Form still matters: it deters fraud, structures deliberation, and provides reliable proof. The author proposes a middle path: preserve essential formal elements that serve these functions, but allow courts, in favorem testamenti, to excuse minor defects when testamentary intent is proven. Such flexibility would better honor decedents’ last wishes without sacrificing core safeguards, and it would create doctrinal space to validate technology-assisted wills even before comprehensive legislation on electronic wills is enacted.
Efficiency of the Competition Protection Commission in the Republic of Serbia: Examples from practice
Competition is one of the pillars of a democratic society with a regulated market economy, as it fosters economic growth, innovation, and an improved standard of living. Modern states protect competition not only by establishing an adequate legal and institutional framework but also through the implementation of an active competition policy, since the mere existence of regulations is insufficient without their consistent enforcement. In the Republic of Serbia, the supervision of the implementation of competition protection regulations is entrusted to the Commission for Protection of Competition, whose effectiveness directly affects economic efficiency and overall social welfare. The aim of this paper is to examine the extent to which the Commission fulfills its role in protecting competition by analyzing the legal framework, procedures before the Commission, and concrete cases from practice. The paper identifies key challenges in the Commission’s work and formulates recommendations for improving the regulatory and institutional framework, with the goal of enhancing transparency, efficiency, and alignment with European standards in the field of competition law.
The International nature of Corruption in the Kingdom of Yugoslavia
The social context in which the Kingdom of Yugoslavia was created—marked by the devastation of the preceding war—quickly led to political polarization over fundamental questions of state organization. Despite this, the establishment of state institutions with democratic potential offered some hope for strengthening anti-corruption efforts. However, it became evident that upholding the rule of law and effectively combating corruption required far more: either radical political reform or a complete systemic transformation. Behind the Našica affair, we can identify structural causes underlying the observed patterns of corruption. Specifically, the economic system of the Kingdom of Yugoslavia was designed in such a way that conducting business was virtually impossible without administrative support. Forests, for example, were directly controlled by the state—a system that was neither efficient nor effective but instead allowed numerous public officials and civil servants to extract corrupt rents. Moreover, the Našica affair highlighted key systemic flaws: the absence of a comprehensive legal framework to combat corruption, including regulations on lobbying. Notably, the body of so-called corruption crimes defined in the 1929 Criminal Code did not criminalize abuse of office or influence peddling by members of parliament during the legislative process. Ultimately, the inconsistent enforcement of existing laws—despite at least a minimal degree of political will to fight corruption—meant that the Našica affair failed to reach a meaningful judicial conclusion.
ANTI-EVASION PROVISIONS APPLICABLE TO VALUE-ADDED TAX IN THE REPUBLIC OF SERBIA
Value Added Tax (VAT) is more susceptible to tax evasion compared to other forms of taxation, primarily due to the credit-invoice mechanism and the relatively high standard rate, both of which contribute to a higher volume of evaded tax revenue. In this paper, the author examines three anti-evasion measures provided for under the legal framework of the Republic of Serbia. One such measure is the reverse charge mechanism, which requires the recipient of the supply to report and account for the tax liability, as specified on the invoice. This regime applies only to certain categories of transactions. Where the application of the reverse charge mechanism is not feasible, the tax administration may resort to two additional anti-evasion tools: the secondary tax liability (or derivative tax liability) and the principle of economic substance over form. Each of these measures has inherent limitations. Assuming that the protection of national fiscal interests is imperative, and recognizing the need for further alignment of Serbia’s VAT legislation with the acquis communautaire in this area, the author recommends amendments to the existing legal provisions aimed at enhancing the efficiency of VAT collection and reducing opportunities for tax evasion.
INTRODUCTION OF THE INSTITUTIONALLY GUARANTEED JUDICIAL INDEPENDENCE INTO SERBIAN LAW
The paper deals with the issue of introducing institutional guarantees of judicial independence into Serbian law. The institutional guarantee of judicial independence implies the permanence, immovability and material security of judges. There was awareness of the importance of the principle of judicial independence in Serbia even before the introduction of its institutional guarantees. The morality of judges was a guarantee of judicial independence until its legal security. However, given that the morality of judges got weaker, due to material scarcity, in the mid-19th century, the principle of judicial independence was first proclaimed as a constitutional category in the Regency Constitution; but without institutional guarantees. Therefore, young conservatives assess this move by the framers of the constitution as "empty idleness". Institutional guarantees were introduced only on the basis of the Law on Judges from 1881. However, although the fundamental need to legally secure the principle of judicial independence was emphasized, when the Law on Judges was adopted, it led to a discussion about instruments for institutionally securing this principle. Therefore, the paper focuses on the issue of what led to the divergence of views among Members of Parliament regarding the instruments for securing the core principle of the judiciary – the principle of judicial independence.
Territorial Autonomy in European Democracies: The Case of the Faroe Islands
The paper analyses the political and territorial autonomy of the Faroe Islands within the Kingdom of Denmark. After the introductory part, there is a presentation of the basic features of the theoretical concept of territorial autonomy. It is followed by a brief overview of the evolution of the status of the Faroe Islands, which were a Norwegian and Danish colony for centuries, and since the middle of the last century they have acquired autonomous status within the Kingdom of Denmark. The central part of the paper is an analysis of the legal norms that regulate Faroese autonomy, in particular the Home Rule Act of the Faroe Islands of 1948 and two acts from 2005 – the Foreign Policy Act of the Faroe Islands and the Assumption Act of the Faroe Islands. After that, there is an analysis of the current political situation in the Faroe Islands, which is compared with the current situation in Greenland, another autonomous territory within the Kingdom of Denmark. The concluding remarks summarize the research results and offer answers to open legal and political questions.
CONSTITUTIONAL COURT OF SERBIA vs. CONSTITUTION – Doctrine of the substantive law-making authority
Serbia’a Constitution of 2006, besides numerous shortcomings in regulating a state of emergency, appears to offer improved solutions as it seeks to establish different guarantees against possible abuse of state of emergency. This is particularly noticeable when it comes to the distribution of powers in the state of emergency regime, as well as in the additional protection of human rights. Serbia's experience with the state of emergency in 2020 further pointed to the fact that the constitution, as a fundamental legal act, can never regulate the state of emergency in such a precise and detailed manner without certain open questions that will only be answered in practice. Before the Constitutional Court, questions were raised about the constitutionality of the decision on the declaration of the state of emergency, as well as the constitutionality of the measures taken to derogate human rights. The Court made two significant decisions but did not establish a consistent doctrine on a state of emergency. The challenges faced by Serbian society have confirmed the fact that there is a crisis of the Constitutional Court as the guardian of the constitution in Serbia. In such an environment, the Constitutional Court, viewed from the perspective of the rule of law principle, established an extremely dangerous doctrine of the "substantive" law-making authority. In order to be able to properly understand the scope of the Constitutional Court doctrine on the substantial law-making authority, the first part of the paper deals with the adoption of emergency measures based on the Constitution, while the second part provides a detailed analysis of the aforementioned doctrine.
LEGISLATIVE READINESS FOR DIGITAL REALITY: TOKENIZATION IN SERBIAN LEGISLATION
The paper analyzes the legal framework of tokenization in the Republic of Serbia, with a focus on digital tokens as a specific form of digital assets, defined by the Law on Digital Assets. The paper points out the basic types of tokens, as well as the challenges of their legal qualification, especially in terms of separation from virtual currencies and determining whether they have the characteristics of financial instruments. The legal regulation related to the tokenization of securities and real estate is also analyzed, with a special focus on the technological limitations of the application of DLT (distributed ledger technology) within the framework of existing institutional mechanisms. The paper points out the lack of precise criteria for the classification of tokens in Serbian law, as well as the need for clearer and more encouraging guidelines. The aim of this paper is to point out the need to improve existing legislation in order to ensure greater legal certainty, encourage innovation, and enable wider acceptance of tokenization in the Republic of Serbia.
Constitutional aspect of Consumer protection: Comparative Analysis and the Case of Serbiaon
In the last few decades, awareness of consumer rights has grown significantly, and consumer law has become a very dynamic area of ​​law. Thus, consumer protection has found a place in the constitutions of various countries. In the first part of the paper, the author provides an overview of constitutional norms on consumer protection in several European constitutions, paying attention not only to the content of these provisions, but also to their place in the constitutional system. In the second part of the paper, the author points out the dilemma of whether consumer rights represent human rights or are primarily program principles. In the same part, the author also points out the connection between consumer protection and other institutes of constitutional law. Finally, the author pays attention to Art. 90 of the Constitution of the Republic of Serbia, which regulates consumer protection. In doing so, the constitutional norm is placed in the context of the state's reaction to the boycott of retail chains that was organized in the Republic of Serbia at the beginning of 2025.
ADMINISTRATIVE ASPECTS OF OBTAINING FIREARM LICENCES IN REPUBLIC OF SRPSKA
Abstract: Due to the widespread misuse of firearms, both legally acquired and illegal, the interest of the scientific and professional public and citizens of the Republic of Srpska in the method of obtaining a permit and the number of persons who own firearms is justified. The paper will analyze the administrative procedure for obtaining a permit to own firearms and the actions of the competent authorities with the aim of revealing shortcomings in the regulation of the matter and shortcomings in resolving this type of administrative matters. Firearms have major implications for the security of citizens of the Republika Srpska, especially recently, when the number of crimes where firearms are the main instrument of the perpetrator is increasing. Finally, which speaks in favor of the neglect of this important topic, we emphasize that during our research we did not come across a single work written on this topic in the Republika Srpska.
THE PRINCIPLE OF NATIONAL SOVEREIGNTY THROUGH THE LENS OF SAINT ANDREW’S DAY NATIONAL ASSEMBLY
The paper under the mentioned title, first of all, gives a historical overview of assemblies in Serbia. Then, an insight into the situation ahead of the St. Andrew's Assembly is provided. The dissatisfactions of all factors in the country, the urban and rural population, certain authorities, as well as the leading political forces are explained in detail. The circumstances that accelerated the convening of the assembly are discussed below. The reasons that contributed to the formation of the final decision on convening the Assembly can be seen through the letters, which some actors sent to others. The main part of the work is the meeting of the St. Andrew's Assembly itself. First, appeals and representations of viewpoints are presented, and then the adoption of the Law on the National Assembly of October 28, 1858. The outcomes of the St. Andrew's Assembly were also discussed: the overthrow of Prince Aleksandar Karađorđević, the return of Miloš Obrenović and the de facto disempowerment of the council, as well as the most important one - the strengthening of awareness of national sovereignty.
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IMPLEMENTATION OF THE HOUSING AND BUILDING MAINTENANCE ACT AND THE PRINCIPLE OF SUSTAINABLE HOUSING
The society should pay special attention to management and maintenance of residential buildings in order to provide citizens with sustainable housing in accordance with European standards of quality housing, environmental standards, energy efficiency, cleanliness and safety, accessibility for people with special needs, protecting third parties from possible risks, etc. By adopting the Housing and Building Maintenance Act (HBM Act) in 2016 and declaring building maintenance a public interest, the Serbian legislator took a significant step towards providing legal conditions for resolving decades-old housing problems. The past decade of application of the HBM Act is an opportunity to analyze the implementation of this legislative act and draw attention to the need to introduce certain amendments. Sustainable housing development includes the improvement of citizens’ housing conditions, the preservation and improvement of the housing stock value (energy efficiency and living conditions by reducing negative impacts on the environment), as well as responsible professional management and maintenance of residential buildings by professional managers in order to create conditions for functional and safe housing. In addition to the legal personality of the owners of separate parts (condominium), housing communities have become legal entities with separate legal personality. In the author’s opinion, the advantages of professional management of residential building has been confirmed in practice. Thus, the paper emphasizes the need to amend the HBM Act in order to introduce provisions on the mandatory professional management and maintenance of residential buildings, risk insurance, and contractual regulation of mutual relations of the owners of separate parts (condominium).
LEGAL CONSEQUENCES OF THE DEATH OF AN EMPLOYEE
An employment relationship is a legal relationship, which, like any other legal relationship, ceases to produce its legal consequences in the case of the termination of the existence of one of the contracting parties. The employment contract does not have legal consequences if the employer ceases to exist, through bankruptcy or liquidation, but also in the event of the employee's death. Upon a natural person's death, his rights and obligations cease and are transferred to his heirs. However, not all rights of a natural person are inheritable, only those that have a property law character, while those that were related to the personality of the deceased are not inherited. In the event of the death of an employee, the question arises, which rights the employee had can be inherited and which cannot, that is, which are of a property law nature, and which are related to the personality of the employee and therefore cannot be inherited. The death of the employee leads to the termination of the employment relationship, regardless of the will of the employer, i.e. „by force of law“, but it also produces other consequences for the employer, considering that he has certain financial obligations towards the family of the deceased employee, and also towards the deceased employee because he is obliged to pay all the income that the employee earned until his death. After the initiation of probate proceedings, the sums paid by the employer to the deceased employee's account enter the probate estate and become the subject of inheritance. Family members exercise the rights they have towards the employer based on the death of the employee directly with the employer. By these rights, we mean compensation for the costs of funeral services and possibly the right to joint assistance, if it is provided for by the general act of the employer or the employment contract, given that the same is not established by the Labor Law. One of the open questions is whether family members can claim rights from the employer, i.e. whether they submit the request for rights individually or jointly. Also, if the employee's death occurred as a result of an injury at work or an occupational disease, the family members of the deceased employee would have the right to claim compensation from the employer. The Labor Law does not regulate in detail the consequences that occur in the event of the death of an employee, except for the right to compensation for the costs of funeral services that the family members of the deceased have. However, with special collective agreements, the rights of family members are much more precisely regulated. To resolve other open issues, which are related to the consequences that occur in the event of the death of an employee, it is necessary to apply the rules of inheritance law, considering that in this case, it is a border area between inheritance and employment law.
ELECTION OF CONSTITUTIONAL COURT JUDGES AS A GUARANTEE OF CONSTITUTIONAL COURT INDEPEDENCE
In a system of government based on the principle of separation and balance of power, the constitutional court is considered to be an autonomous and independent constitutional authority. The independence of the constitutional court also implies the independence of its members from all other power holders and from the state bodies that participated in their election. The election of judges of the Constitutional Court is one of the most important guarantees of its independence. In addition, the selection of the Constitutional Court judges is a guarantee securing its legitimacy, preservation of its function as a politically neutral government, as well as the selection of persons with appropriate professional and personal qualities. The paper analyzes the legal requirements that judges must meet in order to qualify for this important judicial position, different election models, and the length of judicial mandates. After providing an overview of the comparative law solutions on this matter, the author focuses on the rules provided in the Constitution of the Republic of Serbia (2006). The aim of the research is to analyze the existing constitutional and legal provisions of other countries and compare them with the provisions in Serbia in order to address the following question: what is the key to the survival of this institution as an independent, impartial, politically neutral and professional authority.