Zbornik radova Pravnog fakulteta u Novom Sadu
Зборник радова Правног факултета у Новом Саду (у даљем тексту Зборник радова) је научни часопис који објављује до сада необјављене научне и стручне радове из подручја права и других сродних друштвених наука и тиме доприноси промоцији и развоју науке, струке, научноистраживачког рада и високошколског образовања.
Pravni fakultet Univerziteta u Novom Sadu
The Finnish Personalization Paradox: Party Control in Europe's Most Open Proportional System
The Finnish electoral system represents a unique case among contemporary European democracies. Formally, it constitutes one of the most inclusive proportional models for voters and candidates—the Finnish "quasi-list" system enables mandatory preferential voting, legally mandated primary elections, and alphabetical ranking of candidates on party lists. However, empirical data reveals a significant gap between institutional openness and actual personalization. This paper examines a fundamental paradox: how have Finnish political parties, despite the high intra-party efficiency of electoral institutions, managed to maintain dominant control over nomination processes and electoral outcomes? The analysis covers the period from early reforms in 1906-1969, when parties exploited electoral association alliances and multiple candidacies to manipulate the system, to the contemporary model established in 1955 and its subsequent modifications. Applying Shugart's indices of inter-party and intra-party efficiency, alongside analysis of empirical data from 21st-century electoral cycles, the paper demonstrates that the Finnish system systematically produces hyper-representativeness, while party nomination strategies—from "balanced lists" to "vote magnets"—effectively constrain personalization. The paper contributes to the literature on electoral system personalization by demonstrating that formal institutional openness does not guarantee actual personalization when parties develop sophisticated adaptive strategies. The Finnish case illustrates how historically embedded mechanisms of party control can survive reforms, and how the stability of democratic institutions can be simultaneously both a result of and an obstacle to electoral system change.
Copyright (c) 2026 Zbornik radova Pravnog fakulteta u Novom Sadu
THE PLACE OF EUROPEAN PROTECTIVE MEASURES IN HUNGARIAN CIVIL PROCEDURAL LAW
The European protective measures created by the European Account Preservation Order is to enable creditors to prevent the subsequent enforcement of the creditor’s claim from being jeopardised or delayed through the transfer or withdrawal of funds held by the debtor in a bank account within the Union. The aim of this paper is to detail the Hungarian rules facilitating the applciation of the European Account Preservation Order in light of the judicial pratice of the last 8 years. To achieve this goal, the first part of this study will elaborate on the conditions for ordering European protective measures, during the examination of which the European and Hungarian regulations applicable to European Account Preservation Orders will be scrutinized in the context of non-contentious procedures. This will be followed by the examination of issues related to legal application in the Hungarian case-law. In summary, it can be concluded that there are significant differences between the conditions of ordering the Hungarian and the European protective measures. While the ordering of a Hungarian protection measure is grounded on presenting the likelihood of the risk of satisfaction, the European Account Preservation Order requires the creditor to prove that the claim enforcement requires urgent legal protection.
CFSP RESTRICTIVE MEASURES IN THE CJEU’S JURISPRUDENCE: BETWEEN HUMAN RIGHTS AND EU AUTONOMY
This article analyses how the Court of Justice of the European Union (CJEU) reviews restrictive measures adopted under the Common Foreign and Security Policy (CFSP) and, in doing so, balances foreign-policy effectiveness with fundamental rights. Using doctrinal analysis of the Treaties and key judgments, it shows that the Court has developed a predominantly procedural model of review while progressively widening the jurisdictional gateways for judicial control. The CJEU applies demanding scrutiny to reasons-giving, the right to be heard and the evidentiary basis of listings, while remaining deferential as to the Council’s complex political assessments. The article argues that this calibration enhances legality and transparency but may under-protect rights where listings are long-lasting and generate effects comparable to punitive measures. It proposes a more structured proportionality inquiry, clearer evidentiary thresholds and improved handling of confidential material through more rigorous periodic review.
Draft for History of Šabac District Court 1839–1865: Аccommodation and Judges
The article shows the data on Šabac District Court’s accommodation and its judges from 1839, when judiciary in Serbia was reorganized according to provisions of so-called Turkish Constitution (1838), to 1865, i.e. introduction of the Organization of District Courts, which reshaped organization of first-degree judicature in Serbia. Opening paragraphs provide a brief account on the Šabac Magistrate founded during the First Serbian Uprising (1804–1813) and Šabac Nahyia/District Court, formed in 1823. Passages that follow up refer to accomodation of the court, placed in the Residence of Jevrem Obrenović, Prince Miloš Obrenović’s brother, and its detention facilities. The paper continues with fragments regarding judges of the Šabac District Court in the analyzed period. The authors’ foci of attention were criteria for election of judges, their personal qualities and acting in service.
ALTERNATIVE METHODS OF RESOLVING CRIMINAL CASES
Alternative methods of resolving criminal cases represent a significant instrument of contemporary criminal procedural law, as they alleviate the judicial system, accelerate proceedings, and can achieve greater fairness for the defendant, though not necessarily for the injured party. In domestic legislation, two mechanisms stand out – the conditional deferral of criminal prosecution and the plea agreement – which differ in origin but share the purpose of ensuring efficiency and humanization of the criminal procedure. The conditional deferral of criminal prosecution emerged as a way to resolve minor offenses without a formal trial, involving the suspect in taking responsibility and remedying consequences. The prosecutor may defer prosecution if the suspect voluntarily accepts one or more legal obligations, such as compensation, payment for humanitarian purposes, community service, addiction treatment, or psychosocial therapy. Once fulfilled, the criminal complaint is dismissed, no proceedings are conducted, no sanction is imposed, and the suspect is not entered into the criminal register. This relieves the judiciary, may satisfy the injured party through restitution, and offers the suspect resocialization and avoidance of stigma. However, the injured party’s role remains minimal, even when benefiting from compensatory obligations. The plea agreement allows the defendant to admit the offense in exchange for a more lenient sanction or more favorable treatment, thereby shortening proceedings, reducing costs, and relieving courts, while giving parties greater procedural certainty. Although essentially a contractual arrangement initiated by the prosecutor or defense, the court controls legality and voluntariness, protecting the defendant’s rights. Defense counsel is mandatory to ensure the defendant understands the consequences. As with conditional deferral, the injured party’s interests are only indirectly protected, since efficiency and agreement between prosecution and defense dominate. An empirical analysis of the Basic Public Prosecutor’s Office in Novi Sad (2014–2023) showed clear trends in applying conditional deferral and plea agreements. In this period, 49,578 criminal complaints were filed, with 14,694 resolved through conditional deferral and 2,652 through plea agreements, reducing judicial workload by 34.99 %. Conditional deferral was applied more often (29.64 %) than plea agreements (5.35 %). After 2015, when both reached their peak (48.25 % of complaints), their application has continuously declined, falling to around 19 % in the last two years. With the decrease in criminal complaints (6,309 in 2014 to 4,226 in 2022), the use of these institutes dropped even more sharply, indicating other factors – legislative changes, judicial practice, criminal policy, and parties’ trust. This raises questions such as whether plea agreements work only for simpler cases while courts remain burdened with complex ones, or whether the injured party’s position should be strengthened in deciding on conditional deferral or concluding a plea agreement.
AI Ethics and Ethics in AI- some crucial differences and development possibilities
AI ethics could be defined as the set of guiding principles that all actors using or developing AI should or must use in order to ensure artificial intelligence technology is developed and used responsibly and wisely. This means taking a safe, secure, humane, and environmentally friendly approach to artificial intelligence (in the further text: AI) and its using, as well as using of results given by AI. If we take AI Ethics, shortly explained as earlier, as external ethical guidance for users of AI, should there be also – internal ethical guidance for the AI itself, as set of internal moral values that will lead AI in its development and application in everyday use ? The questions we are dealing in this paper are: What is the ethical minimum, as a set of ethical principles that every user or person who participates in the development of AI must have, in order for the use of AI to be safe and wise? On what values ​​should this external ethical minimum rest, and does it, once established, have to remain the same or can it be improved and add/subtract values, in accordance with the exploration of the possibilities provided by AI itself? And is it possible for AI to develop a separate consciousness, with the help of its creators, which will protect it from unmoral attempts by users with bad intentions?
Abstract: The tension in which our idea of law finds itself occurs between “is” and “ought,” that is, between our reality and social and personal utopia, or between desire and reality. This simultaneously provokes a struggle for better law. However, in that struggle for better law it may happen that utopian aspirations themselves give rise to dogmas about which no further debate is possible. In a certain way, it then seems that we once again have some command resembling the command of a sovereign that is not open to discussion. It may then appear that the only thing left to us is to look to the heavens. Perhaps the answer lies in the possibility of a reasoned critique of what is given to us, even when it is a norm of an imperative character. In these constant attempts to move between the command of the sovereign as a source of law and the sources of law that stand in the realm of values, we continually find ourselves in a state of tension between “is” and “ought,” and this tension will neither diminish nor cease to exist. Such a gap, expressed in desire and possibilities, has brought about a spirit of social insecurity from which an unfounded faith in legal positivism was later born. These cyclical circles arising between “is” and “ought” have never diminished, and even less disappeared, especially not in the field of criminal law.
THE PROHIBITION OF DISCRIMINATION IN EUROPEAN LAW – NEW TENDENCIES
The prohibition of discrimination is of great importance in the Council of Europe and the European Union. Protocol No. 12 to the Convention introduced a general prohibition of discrimination in relation to the enjoyment of any right granted by law. Its scope is broader than that covered by Article 14, which refers only to the rights guaranteed by the Convention. This Protocol primarily protects individuals against discrimination by the State, but it also covers relationships between individuals whose regulation is usually the responsibility of the State, such as the arbitrary denial of access to employment or to public services that individuals can provide. Discrimination, or the right to equality, has been considered in the case law of both European courts. The European Court of Human Rights, as the one that primarily deals with human rights, has played a leading role. However, with the adoption of new directives at the level of the European Union, the influence has become reciprocal. The Court of Justice of the EU has played a significant role in shaping European Union policies in the areas of equality and non-discrimination. Its case law is of great importance in establishing certain positions in these areas, as well as in defining the limits of claims regarding the prohibition of discrimination.
CHECK, PLEASE! ON THE MARITAL DEBTS IN SOUTHEAST EUROPEAN LEGAL SYSTEMS
Apstract: Divorce is often described as one of the most mentally challenging experiences a person can face. In addition to intense emotional distress, divorce has significant legal consequences. One of them, the distribution of marital property, is a frequent subject of discussion in court practice and legal theory. On the other hand, liability for the marital debts is not so often at the focus. On the basis of the above, one could speculate whether only spouses with a positive balance sheet (assets exceeding liabilities) get divorced. In practice, however, it is very common for divorcing spouses to be over - indebted. Moreover, debt is, in some cases, the main trigger or one of several important reasons that have led to divorce. In addition to gambling debts, which have traditionally been a leading cause for divorce, bank debts resulting from excessive credit card use have also become increasingly frequent. Furthermore, debts to mortgage institutions should be emphasised as being especially socially dangerous due to the inherent risk of losing the family home. Some of these obligations may have been created by one of the spouses before the marriage, or they may have been incurred during the marriage by one of the spouses or by both spouses jointly. The role of the court is to divide marital property and debts between the divorcing spouses without affecting the legal position of their creditors in any way. Legal science is there to navigate the court practice in order to achieve equitable distribution between spouses.
The Regulation of Screening of Foreign Direct Investments in the European Union- Key Features and Reaches
The subject of analysis in this paper are the key features of the regulatory concept of Foreign Direct Investment Screening established by Regulation 2019/452. The rules of the said Regulation are directed towards three main pillars, which simultaneously define its essence. First, it establishes the position of Member States and their national screening mechanisms, imposing requirements and obligations that these mechanisms must observe; second, it provides a list of factors that Member States' screening authorities may take into account when evaluating investments; and third, it authorizes the European Commission to issue opinions on specific foreign direct investments. Based on this analysis, the scope of the legal framework of the Regulation is determined. In terms of content, Regulation 2019/452 creates a flexible and conceptually incomplete framework, the key determinants of which are essentially defined by the distribution of powers and factual influence between EU Member States and the European Commission, as well as by the list of factors defining the subject of protection. As a novelty in EU law, it represented a conceptual step forward providing concrete benefits. However, overall, the results of its framework are highly questionable. It essentially fails to achieve either the objectives of the Regulation itself or to satisfy the specific interests involved in this field. Therefore, significant changes to the regulation of this area at the EU level are necessary in the near future, aimed at creating a more concrete, precise, and efficient regulation.
CHAPTER 27 – ENVIRONMENTAL PROTECTION AND CLIMATE CHANGE IN THE PROCESS OF THE REPUBLIC OF SERBIA'S ACCESSION TO THE EUROPEAN UNION
Европска унија (ЕУ) представља сложени правно-политички систем који се развијао кроз различите фазе интеграције. У том контексту, acquis communautaire чини кохерентан скуп принципа, директива и регулатива које земље кандидаткиње морају усвојити и имплементирати током процеса приступања. Поглавље 27, које се односи на заштиту животне средине и климатске промене, једно је од најзахтевнијих у преговорима. Ово поглавље обухвата технички сложене аспекте који захтевају значајне дугорочне инвестиције у инфраструктуру и институционалне капацитете, а питања животне средине имају директан утицај на јавно здравље, економски развој и политику у руралним и урбаним подручјима. Република Србија, као земља кандидат, започела је формални процес приступања ЕУ 2014. године, након што је добила статус кандидата 2012. године. У претходним годинама, Србија је постигла значајан напредак у области законодавства и институционалног уређења. Испуњавање захтева Поглавља 27 подразумева не само транспозицију директива, већ и ефикасну примену, ревизију инвестиционих планова и мобилизацију финансијских средстава, укључујући средства ЕУ и међународних донатора. Циљ овог рада је да пружи систематску и критичку анализу стања у Србији у погледу испуњавања услова Поглавља 27. У раду се идентификују главни изазови, а предлажу се конкретне мере које могу убрзати процес имплементације и побољшати ефикасност у области заштите животне средине и климатских политика. Закључак указује на то да Поглавље 27 представља кључну пробну тачку у процесу приступања Србије Европској унији. Анализа је показала да је Република Србија остварила значајан напредак у правној хармонизацији, укључујући доношење основних закона и стратегија, уз развој националних планова и започете инфраструктурне пројекте. За реализацију захтева Поглавља 27 неопходан је интегрисан приступ који комбинује пројектно усмерено финансирање, правну и оперативну доследност, мониторинг и интеграцију климатских циљева. Ово подразумева усвајање временског плана са конкретним циљевима и одговорностима, где се у краткорочном периоду фокусира на припрему и финансирање 2 приоритетних регионалних пројеката, у средњем року на реализацију кључних инфраструктурних интервенција, а у дугом року на остваривање интегрисаног управљања ресурсима. Испуњавање Поглавља 27 не треба посматрати само као услов за чланство у ЕУ, већ и као прилику за трансформацију националног управљања животном средином. Влада Републике Србије и Министарство заштите животне средине остају чврсто посвећени процесу усклађивања са стандардима Европске уније у области животне средине и климатских промена. Ова посвећеност огледа се у континуираним напорима да се обезбеде потребна законска решења, институционални оквири и механизми координације који ће омогућити доследну имплементацију Поглавља 27, као и у активностима на привлачењу и управљању међународним средствима за финансирање приоритетних пројеката.
The exercise of parental responsibility and the protection of the child's right to privacy on the internet and social networks
Abstract: The protection of the child’s right to privacy in the modern digital environment assumes an entirely new dimension. The development of technologies that occurred at the beginning of the twenty-first century has expanded the boundaries of the physical world into a boundless cyberspace. The rapid growth in the use of the Internet and social networks has profoundly transformed the very concept of privacy. Photos, videos, and other personal information are publicly shared via social networks with a significantly wider circle of people than was once the case. This practice particularly affects children, who in the online environment, from the status of subjects, granted by the adoption of the UN Convention on the Rights of the Child in the late 1980s, are once again reduced to objects of parental actions in online sphere. The phenomenon of so-called sharenting – excessive publication of children’s photos on social networks by parents – is becoming increasingly prevalent. In such instances, parents often disregard their duty to act as legal representatives of the child in his/hers best interests, perceiving themselves instead as the “owners” of their child’s data. Therefore, the child’s right to privacy extends beyond the protection of physical and psychological integrity in the modern era to include control over their digital identity and information that is permanently stored in virtual space. Although direct access to the Internet is often legally prohibited for the youngest and most vulnerable groups of people, they are increasingly present in digital environments indirectly - through their parents. Decisions regarding the publication of child’s personal data generally rest exclusively with the parents, while the child’s opinion is often disregarded, either due to parental negligence or because of the child’s age. Sharing children’s personal data on social networks raises questions about the limits of parental responsibility and the obligation to act in the best interests of the child. Legal complications are particularly evident in situations where parents disagree on whether a child’s images should be shared online. In this regard, the Supreme Court of Cassation of Serbia, in its judgment Rev 14012/2022, held that the publication of a child’s photographs by one parent, against the will of the other, is contrary to the principle of the best interests of the child. Given that this issue is not explicitly regulated by the legislation of the Republic of Serbia, lower courts have taken different positions on the above-mentioned case. Nevertheless, the Supreme Court of Cassation emphasized that, where the parent exercising sole parental responsibility opposes such publication, the act of the non-custodial parent constitutes a question of representation of the child by his or her legal guardian. At the same time, in this way, in the conflict between the rights of the child and the interests of the parents, the child’s right to privacy was given priority. Taking into account the age and maturity of the child, in certain cases the child’s opinion will play a significant role in decisions concerning his/her privacy. The right of the child to be heard, as one of the guiding principles of the Convention on the Rights of the Child, serves as an essential mechanism in balancing parental responsibility with the protection of the child’s privacy. Upon reaching the so-called “digital majority”, the child is considered sufficiently mature to exercise meaningful influence over the development of his or her own digital identity.
MATERIAL POSITION OF JUDGES AND JUDICIAL INDEPENDENCE: AN EXAMPLE OF A DECISION OF THE CONSTITUTIONAL COURT OF SLOVENIA
Material position of the judges is one element of the personal independence of judges. Judicial salaries should be determined in a way they correspond to the dignity and responsibility of judicial profession, but at the same time to protect judges from pressure on decision-making which could jeopardize their independence and impartiality. The first part of the article considers material position of the judges and judicial independence. In the second part is shortly represented material position of judges in Serbian law. The third part of the paper is dedicated to the decision of the Constitutional Court of Slovenia U-I-772/21 of 01.06.2023. in which this court has dealt with this issue, considering it from the perspective of the judicial independence, but also from perspective of the separation of powers.
CONTINUOUS TECHNOLOGICAL CHANGE AS A CHALLENGE FOR CONTEMPORARY LABOUR LAW
The technological transformation of work constitutes one of the central challenges of contemporary labour law. The digitalisation of work processes, the expansion of flexible forms of work engagement, and the increasingly widespread use of artificial intelligence systems and algorithmic management are bringing about profound changes in the way work is organised, supervised, and evaluated. These developments do not merely affect the structure of the labour market; they directly reshape the legal status of employees, calling into question traditional labour-law institutions and existing mechanisms of legal protection. This paper analyses the impact of technology-driven changes on the employment relationship, with particular emphasis on algorithmic management, automated decision-making, and digital forms of workplace monitoring. Special attention is devoted to identifying the risks these processes pose to the effective protection of fundamental labour and human rights, as well as to legal certainty within the employment relationship. Building on a normative and theoretical analysis of the applicable legislation of the Republic of Serbia, the paper examines the extent to which the existing legal framework is capable of responding to the challenges of technological transformation. In a comparative perspective, relevant European standards and contemporary regulatory trends are also considered, with the aim of identifying legal gaps and formulating de lege ferenda recommendations designed to strengthen employee protection and preserve a fair balance between technological progress and the core values of labour law.
Поклон за случај смрти је модификација уговора о поклону. Уговор о поклону није уређен Законом о облигационим односима јер је остао у надлежности република. Српски грађански законик га изједначава са легатом, а Преднацрт Грађанског законика поставља правило о опозивости без отклона. Међутим, по правној природи се мора правити разлика у настанску и дејству. Модификација за случај смрти је одложни услов јер подразумева да облигационоправни захтев поклонопримац може истицати према наследничкој заједници само уколико се предмет поклона налази у заоставштини. Престаје накнадном немогућношћу, раскидом и опозивом. Само оставилац може опозвати поклон. Постоји дилема да ли поклонопримац мора бити жив у моменту смрти оставиоца како би настао облигационоправни захтев, али у одсуству децидних правила би се требало окренути општем да уговор о поклону настаје његовим закључењем ако је у писменој форми, а дејствује уколико је предмет у заоставштини у моменту смрти оставиоца. Из тога се закључује да и наследници поклонопримца могу истицати захтев односно да је овај захтев наследив. Уколико се уговор закључује у реалној форми онда настаје тек предајом, те нити потенцијални поклонопримац нити самим тим његови наследници имају захтев.
NEW RULES ON CREDITWORTHINESS ASSESSMENT FOR FINANCIAL SERVICES USERS
This paper provides a detailed analysis of the rules introduced by the 2025 Law on the Protection of Financial Service Users, which regulate the assessment of the creditworthiness of financial service users. The first part of the paper is introductory in nature and contains an explanation of the concept of creditworthiness, considering its evolution from a subjective to an objective understanding. The second part presents the legislative approach to regulating creditworthiness assessment in Serbia from the adoption of the Law on Obligations to the present day. The third section examines the bank’s obligation to assess users’ creditworthiness, particularly focusing on changes to the scope of application of this obligation and how it is defined. The fourth section addresses the prohibition, introduced in the new law, that prevents banks from entering into credit services agreements with users who are not creditworthy. The fifth section analyses the legal position of a user whose creditworthiness assessment involved profiling. The final sixth part sets out the legal consequences of violating the new creditworthiness assessment rules from the perspectives of both banks and financial service users. Overall, the author concludes that the new law has improved the regulatory framework governing creditworthiness assessment, making this a significantly more important mechanism for consumer protection. However, numerous issues remain that require consistent interpretation and application.
Matter of Articles 859-864 of ABGB in Serbian Civil Code and in Positive Serbian Law With Respect to the Reception of Roman Law
The aim of the research in this phase is reflected, on the one hand, in the effort to determine possible nominal similarities and differences in the way in which the three acts regulate the issues contained in Articles 859-864 of ABGB, i.e. the legal basis of obligations, public promise of reward, conclusion of a contract, division of a contract and other related issues. The research should serve as a starting point for a detailed comparative analysis of each of the above issues in future works. On the other hand, the secondary aim is to make a comparison with the corresponding rules of Roman law, where possible, in the context of finding possible results of reception. The paper applies linguistic interpretation of the sources, after which they are analysed using the dogmatic method. After establishing the meaning of the norm, its logical nature and elements are discussed, as well as relations with other legal rules, using the normative method, and – in the context of different historical circumstances and legal systems in which they were enacted – historical law- and comparative law methods. The similarities and differences in the Austrian and the two Serbian acts are the result of both the level of development of the societies at the time the acts were adopted, their needs at the time, challenges in legal practice, but probably also the personal pedantry and systematicity of the authors.
PUNISHABLE ACTS (CRIMINAL ACTS, COMMERCIAL OFFENSES AND MISDEMEANORS) IN THE FIELD OF MINING AND GEOLOGICAL EXPLORATIONS
The field of mining and geological exploration is exceptionally complex. It is regulated by numerous regulations of varying legal force. In the Republic of Serbia, one principal law governs this field, along with more than twenty by-laws. The principal law in this area, the Law on Mining and Geological Explorations, prescribes criminal acts, commercial offenses, and misdemeanors. One by-law adopted in accordance with the aforementioned law prescribes commercial offenses and misdemeanors. The subject of this paper, as indicated by the title itself, are punishable acts prescribed in this particularly complex field. The aim of the paper is to examine these punishable acts and provide a critical analysis thereof. The authors also present certain proposals for the amendment of existing regulations.
UMBRELLA CLAUSE IN INVESTMENT DISPUTES: THE ISSUE OF PERSONAL SCOPE
The issue of interpretation given to umbrella clauses – provisions of bilateral or multilateral investment protection treaties by which states accept duty to observe any obligation entered into with respect to the investments of the investors of the other state party – represents one of the most controversial issues in practice of investment tribunals. Ever since the tribunal in SGS v. Philippines rendered its award accepting that a breach of an investment contract by a state can, under certain conditions, signify a breach of its international law obligation embodied in the umbrella clause, some investment tribunals and host states have been engaged in an effort to limit effects of the clause. The aim of this paper is to analyze the practice of investment tribunals with regard to the particular issue of the clause’s personal scope. According to the current state of arbitral practice, the most significant obstacle to the success of claimants whose claims are based on umbrella clauses concerns the understanding that investor-state contracts produce effects only for its contracting parties (the so-called privity requirement). In the absence of an umbrella clause with peculiar wording, an investor may base his claim on a contract concluded by his subsidiary or on a contract concluded with an entity outside of the host state’s formal structure only if this is provided for by the contract itself or by the national law applicable to the contract. Although this view is not universally accepted in arbitral practice it consistently distinguishes between the obligations of a state arising from the application of national law, on the one hand, and obligations that have their origin in international law, on the other. It is also consistent with the role that arbitral tribunals give to the national law of host states when applying other substantive standards of investment protection.
Among the unresolved issues not only in the positive legal regulation of administrative procedure but also within the broader scope of administrative law, both on a theoretical and practical level, a particularly significant place is occupied by the concept of administrative matter and its precise definition. Administrative matter represents one of the most frequently debated concepts in administrative law. Legal theorists offer various definitions and interpretations of this term, while its precise determination has also posed a challenge for legislators. Indeed, in comparative law, it is rare to encounter legal systems that provide an explicit definition of the administrative matter, and the domestic legislature introduced such a definition for the first time only in 2009, within the Law on Administrative Disputes. This paper analyzes the concept of administrative matter from the standpoint of legal theory, as well as comparative and domestic legislation. It then proceeds to present the author’s own views regarding the definition and elements of the administrative matter, both in the context of administrative procedure and administrative dispute. The aim of the paper is to highlight, through observations and conclusions drawn from various theoretical and legislative perspectives, the diversity of interpretations surrounding this concept. Furthermore, it seeks to propose a uniform definition of administrative matter from the perspective of administrative procedure and administrative dispute, and to point out the distinction between administrative matter and administrative-judicial matter, a category that should be regulated separately within the framework of administrative procedural law.
Legal nature of intensifiers in some commercial contracts
In the article, author considers the legal nature of intensifiers in commercial contracts. The intensifier is the term created and tailored by the author with an intention to synthesize the clauses in contracts aimed to increase and intensify the primary contract obligation. The first step in research has been taken from the dichotomy of the surety and insurance as a potential explanation of intensifiers. But, unsatisfied with them, the author goes deeply further explaining the nature of intensifiers with the feature of aleatory, to finally conclude that mentioned intensifiers are, in fact, causal condition. This conclusion is derived from the fact that activation of the intensifier is descended from the realization of future uncertain circumstances which are also independent from the contractors.
POTENTIALS AND CHALLENGES RELATED TO ILO RECOMMENDATION NO. 205 ON EMPLOYMENT AND DECENT WORK FOR PEACE AND RESILIENCE
International Labour Organization Recommendation No. 205 on Employment and Decent Work for Peace and Resilience, adopted in 2017, has gone almost unnoticed by our professional public. It is a document that should serve to address the root causes and consequences of instability and to build resilient communities and states in the context of work and working conditions, in the event of crises, wars and similar adverse events. This paper presents this document in more detail. It also elaborates in more detail the concepts on which the Recommendation is based - "fragility" and "resilience".
Blood Feuds in Serbia, Montenegro, and Albania Over the Past Two Centuries
In the Western Balkans, customary law and blood feuds gone hand in hand. The cultute of honour shaped both the practice of blood vengeance and the institution of „umir“ (peace settlement) which was always its opposite. The patriarchal evironment and tribal divisions preserved this phenomenon the longest in Montenegro, Kosovo, and northern Albania. The last two centuries have been marked by intensified efforts to supress it. In Montenegro, the first attemts were made by Vladikas, followed by Prince Danilo, later by the legislation of the Kingdom of Yugoslavia, then by socialist law, and finnally by the new government after the declaration of independence – all aiming to eradicate it. in Kosovo, resistance to any form of authority drove Albanian population to adhere to the Kanun of Lekë Dukagjini. The Ottoman Empire, then Yugoslavia after the Balkan wars and World War I, as well as the socialist regime and subsequent rule under Serbia after the breakup of the SFRY, were largely received with hostility – which deepened the attachement to customary law and intesified animosity toward the non-Albanian population. Yet even the self-proclaimed independence did not eliminate the blood feud- quite a contrary. The tribal life of norhern Albania likewise prevented any governement from replacing custom with positive law, whic today has devastating effects on younger generations. However, over the past hundred years, blood feuds themselves have undergone numerous changes that have distanced them from the original ideals of heroism and honour that supposedly characterized them. In truth, the arbitrary taking of a human life and the trampling of state sovereignty through vigilantism can never be considered an act of heroism or ethics.
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EFFICIENCY-BASED RATIONALES FOR NOTICE OF DEFAULT AND ANTICIPATED MATURITY IN ROMANIAN CIVIL LAW
This study examines the efficiency-based rationales underlying notice of default and anticipated maturity in Romanian civil law, with particular focus on Articles 1417, 1418, 1522, and 1523 of the Civil Code. The analysis highlights the dual function of the debtor’s default: preserving contractual equilibrium through a rebuttable presumption of tolerance, while safeguarding creditor interests by enabling access to remedies. Notice of default operates as an economically efficient mechanism, balancing favor contractus with the creditor’s right to damages, while default by operation of law accelerates access to remedies through absolute presumptions that exclude tolerance of delay. A central inquiry concerns the interplay between forfeiture of the benefit of term and the debtor’s default: whether anticipated maturity may be triggered by default situations, and conversely, whether forfeiture may automatically imply default.
Critical Infrastructure Protection in the Republic of Serbia – Current Status and Opportunities for further Development and Improvement
Critical infrastructure is considered the basis of the functioning of the state and society, and is one of the key factors of security and economic development, as well as the health and social well-being of citizens. Its protection is gaining particular importance in the era of globalization and with increasing exposure to various risks – from natural disasters to terrorist and cyber attacks. The Republic of Serbia, in accordance with modern security trends and the process of rapprochement with the European Union, has taken a number of specific normative and institutional steps to regulate and improve the critical infrastructure protection system. One of these steps is the adoption of the first systemic law regulating this area in 2018 – the Law on Critical Infrastructure. The aim of this paper is to present the current model of critical infrastructure protection through an analysis of the strategic and legal framework of the Republic of Serbia. Special emphasis is placed on the analysis of the Law on Critical Infrastructure, its implementation in the seven-year period since its adoption, as well as the identification of advantages, shortcomings and challenges in its implementation. The paper points to the importance of cooperation between the public and private sectors, as well as the need to strengthen institutional capacities, coordination and resilience of the critical infrastructure system. Based on the analysis conducted, the authors propose possible directions for further development and improvement of both the regulatory and practical framework for the protection of critical infrastructure in the Republic of Serbia.
MAIN CHALLENGES OF LONG-TERM CARE SYSTEM IN EUROPEAN COUNTRIES
This paper analyzes the main challenges faced by long-term care (LTC) systems in contemporary European countries. The research focuses on identifying and critically examining the legal, institutional, and financial constraints that affect the accessibility, quality, and sustainability of care services. The aim of the study is to determine the key systemic shortcomings and propose directions for their resolution through a comparative analysis of relevant policies, organizational models, and existing literature. Special attention is devoted to issues such as the normative status of LTC as a social right, the position of informal caregivers (with an emphasis on gender dimensions), the working conditions of formal care workers, fragmentation of responsibilities, and the structure and redistributive effects of financing models. The findings reveal that despite certain normative progress within the EU framework, most countries still pursue care policies characterized by selectivity, insufficient institutional support, territorial disparities, and excessive reliance on unpaid family care. Moreover, financial unsustainability and a lack of professionalized care workforce are identified as serious threats to the future of these systems. The conclusion highlights the need for a comprehensive reform encompassing the universalization of the right to care, integration of social and health services, professionalization and improved working conditions of caregivers, as well as the development of a fairly structured and fiscally sustainable financing model. The challenges identified in this study indicate that the transformation of long-term care systems is not only a social and economic imperative but also a normative and civilizational one.
THE NEW PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN RELATION TO THE ISSUE OF THE "RIGHT TO EXTENDED CRITICISM"
Abstract: This article places a particular emphasis on the collision between the right to personal dignity and the right to freedom of expression, particularly in cases where the subjects of criticism are holders of public authority. The European Court of Human Rights has established precedents for the so-called "right to extended criticism," particularly in favour of the public, as most commonly represented through the media. In landmark cases on this matter, a clear distinction has been made between the right to express value judgements regarding a public figure, and the assertion of verifiable facts.In adjudicating the 2021 decision analysed in this paper, the judicial panel took a step back by shifting the right to severe criticism, which typically exceeds the usual boundaries, from the media's domain to the realm of public office holders. Furthermore, the judicial panel materially altered the prior case law by misconstruing the right to make value judgements as the right to disseminate untrue factual claims.
In a modern society that pretends to be "democratic", political oratory plays an essential role. Politicians generally use their speeches to inform citizens about topics that are important to their daily lives or to motivate them to take certain actions. In order to be successful in this, they must master the general rules of rhetoric and the special skills that relate exclusively to this type of oratory. This paper analyzes the speeches of James David Vance and Ursula von der Leyen, which were delivered at the Munich Security Conference in 2024 and 2025, in order to determine similarities and differences in certain styles of oratory. Having in mind that the importance of oratory in the USA is generally greater than in Europe, as well as the tradition that orators on the other side of the Atlantic are educated not only in accordance with the classical rules of rhetoric but also according to the norms of public speaking, the initial assumption about different styles turned out to be quite correct in the final analysis.
DIGITALIZATION OF CROSS-BORDER COOPERATION IN CRIMINAL MATTERS AT THE LEVEL OF THE EUROPEAN UNION
It is assumed that the use of information technologies in the judicial system could contribute not only to the increase in the efficiency of the work of the competent authorities and the rationalization of criminal proceedings and individual procedural actions, but that it could also have such an impact on the procedures of cross-border judicial cooperation between the competent authorities of different countries. At the level of the European Union, in the last fifteen years, there has been a strategic commitment towards the creation of European electronic justice, and the concept of cooperative digital justice has been developing recently. The concept also received a legal basis in 2023 with the adoption of Regulation on the digitization of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters. This paper presents the origin and development of the ideas that led to the Regulation and analyzes the legal framework, with an emphasis on cooperation in criminal matters. Also, the paper pays attention to a special form of cross-border cooperation in criminal matters, which is participation in court proceedings via video-conference link or other technologies for remote communication, when individual participants in the proceedings are located on the territory of different member states, an increasingly certain modification of criminal proceedings in the environment of the growing use of information technologies.
REGULAR EXPUNGEMENT OF LEGALLY CONVICTED PERSONS – Genesis of the institute in Serbian criminal law
In Serbian law, the term expungement is used in, at least three meanings and represents at least three institutes that are, or at least should be, dominant criminal nature. Namely, apart from expungement in criminal material law, which refers to justly convicted persons and which we denote by the term regular expungement, our legal system and legal theory also know expungement in the field of criminal procedural law which refers to the unjustly convicted persons and persons unjustifiably deprived of liberty. Finally, the third, so called special expungement of persons convicted for political or ideological reasons entered into the life of Serbian legal system more than fifteen years ago. Apart from the distinction among the mentioned institutes that bear the same name, this research aims to continue, extend and deepen the authors’ previous research and is primarily devoted to the now significantly in-depth and detailed analysis of the historical development of the institute of regular expungement of legally convicted persons in Serbian criminal law.