Strani pravni zivot最新文献

Implementation of the European Arrest Warrant 执行欧洲逮捕令

Strani pravni zivot Pub Date : 2022-01-01 DOI: 10.5937/spz66-34190

Dragana Čvorović, Hrvoje Filipović

引用次数: 0

SLAPP: Abuse of the right to judicial protection with the aim of restricting freedom of expression SLAPP:滥用司法保护权以限制言论自由

Strani pravni zivot Pub Date : 2022-01-01 DOI: 10.5937/spz66-35644

Ana Zdravković

{"title":"SLAPP: Abuse of the right to judicial protection with the aim of restricting freedom of expression","authors":"Ana Zdravković","doi":"10.5937/spz66-35644","DOIUrl":"https://doi.org/10.5937/spz66-35644","url":null,"abstract":"SLAPP (Strategic Lawsuits Against Public Participation) is a phenomenon that has been present around the world for decades, threatening various human rights and freedoms and undermining the very meaning and the purpose of judicial protection of rights. Considering that conducted research indicated a high probability of their presence in the Republic of Serbia, the aim of the paper is to present and analyze the notion of SLAPP, as well as to deliberate over some potential solutions that can be implemented in order to prevent use of this legal tool. After presenting numerous SLAPP examples from comparative case-law and analyzing the SLAPP concept, the paper turns to the rights that are most endangered by the submission of these lawsuits and provides an overview of relevant jurisprudence of the European Court of Human Rights. Results of the research show not only that ratified international instruments require prevention of abuses embodied in SLAPP suits, but also that the real purpose of these lawsuits can be achieved by using other methods, that will be more complicated to suppress. Finally, given that the initiative to combat this legal anomaly has already been launched within the European Union, the paper concludes that the Republic of Serbia should use the momentum and start tackling this issue sooner rather than later.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Digital Markets acts: Between market regulation, competition rules and unfair trade practices rules 数字市场行为:在市场监管、竞争规则和不公平贸易行为规则之间

Strani pravni zivot Pub Date : 2022-01-01 DOI: 10.5937/spz66-34993

Blažo Ondrej

{"title":"The Digital Markets acts: Between market regulation, competition rules and unfair trade practices rules","authors":"Blažo Ondrej","doi":"10.5937/spz66-34993","DOIUrl":"https://doi.org/10.5937/spz66-34993","url":null,"abstract":"In 2020 the European Commission presented its legislative package aimed to deal with new challenges for the internal market stemming from development on digital markets and alleged abuses and anticompetitive practices therein, including the Digital Markets Act (DMA). The aim of this paper is not to evaluate content of the DMA itself, but to evaluate the position of the DMA in the context of other market sector-oriented regulations , rules on unfair trade practices, competition rules as well as fitness of legal basis and observance of rule of law safeguards. As the DMA proposal departed from competition law legal basis enshrined in Art. 101 et seq. of the Treaty on the Functioning of the European Union, it paved the way for the possibility to impose sanction under both regimes. This possibility of double sanctions and necessity for check of proportionality in all actions of the Commission as well as in imposition of fines constitute one of the most relevant shortcomings from the \"constitutional\" point of view of position of the DMA in the EU legal framework. As it is argued in this paper, without more synchronization with competition regulatory regimes, the DMA proposal contains elements that can, at the end of the day, diminish its legal effectiveness via subsequent judicial battles.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083683","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Covid-19 disease: Injury at work or an occupational disease? Covid-19:工伤还是职业病?

Strani pravni zivot Pub Date : 2022-01-01 DOI: 10.5937/spz66-36145

M. Petrović

{"title":"Covid-19 disease: Injury at work or an occupational disease?","authors":"M. Petrović","doi":"10.5937/spz66-36145","DOIUrl":"https://doi.org/10.5937/spz66-36145","url":null,"abstract":"The COVID-19 disease pandemic has opened a number of legal issues, one of which is the need to define COVID-19 as a possible consequence of performing work. In that sense, the question arose whether it could be qualified as an injury at work or as an occupational disease. When it comes to the comparative law, this need to put COVID-19 in a professional context has already been answered in various ways, and the wandering in that process (due to the complexity of the issue) is probably best illustrated by the fact that in some systems it takes on the nature of a legal chameleon that is adjusting itself to a sector of work or to a period of exposure to the virus. In the Republic of Serbia, on the other hand, the controversy on this issue is still ongoing - which is also the reason why a review of comparative legal experiences is necessary. And while the qualification of COVID-19 as an injury at work is problematic due to the fact that it is hard to define an event that could be characterized as an accident at work that produced such a consequence, the qualification of COVID-19 as an occupational disease encounters other problems. Most of those problems in the Republic of Serbia, on the other hand, are systemic in nature and, therefore, require fixes of the existing legal gaps and systematic changes of the existing regulations by the Serbian lawmaker. Additionally, when it comes to COVID-19, the one question that arises is the question of causality - having in mind that in this day and age we are all in contact with the SARS-CoV-2 virus to a greater or to a lesser extent. In that sense, occupational medicine will be entrusted with the difficult task of determining the occupational origin of this disease - since it does not seem fair to recognize the status of an occupational disease to an employee if there are reasonable suspicions on the matter whether the infection took place during his performance of his work tasks.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Motor Insurers' Bureau: Guarantee fund in the United Kingdom 汽车保险局:英国的担保基金

Strani pravni zivot Pub Date : 2022-01-01 DOI: 10.5937/spz66-34574

M. Radovanović

引用次数: 0

Basic aspects of drag along and tag along rights 尾随权和尾随权的基本方面

Strani pravni zivot Pub Date : 2022-01-01 DOI: 10.5937/spz66-35036

Amina Kajević

引用次数: 0

The evolution of the idea of national human rights institutions: From the first drawing to the Geneva guidelines (1946-1978) 国家人权机构理念的演变:从第一份草案到日内瓦准则(1946-1978)

Strani pravni zivot Pub Date : 2022-01-01 DOI: 10.5937/spz66-36226

Luka Glušac

{"title":"The evolution of the idea of national human rights institutions: From the first drawing to the Geneva guidelines (1946-1978)","authors":"Luka Glušac","doi":"10.5937/spz66-36226","DOIUrl":"https://doi.org/10.5937/spz66-36226","url":null,"abstract":"The concept of national human rights institutions (NHRIs) as known today originated under the auspices of the United Nations. Although national human rights institutions in the contemporary context have been the subject of a growing body of literature, the evolutionary path of the very idea of their creation has remained largely unexplored. The aim of this paper is to fill this literature gap by analysing key United Nations documents from the end of World War II to the adoption of the 1978 Geneva Guidelines. The paper reveals how the very concept of national human rights institutions had evolved over time, how it had been understood, which functions had been tied to these institutions, and which organizational forms had been taken as models. The paper explores the changes in the attitudes of UN Member States in relation to a given issue and provides a better understanding of the context in which this idea developed. In this regard, the paper also offers new insights into how the process of negotiating the core UN human rights conventions has influenced the evolution of the idea of creating national human rights institutions, a factor that has been rarely considered.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Constitutional position of the President of the Republic of Srpska in the light of comparative law 塞族共和国总统根据比较法的宪法立场

Strani pravni zivot Pub Date : 2021-08-06 DOI: 10.5937/spz65-31015

Darko Golić

引用次数: 0

(Un)justified application of labour law rules of dismissal protection on self-employed persons 对自营职业者适用劳动法解雇保护规则的正当性

Strani pravni zivot Pub Date : 2021-08-06 DOI: 10.5937/spz65-31865

Katarina Vidanović

{"title":"(Un)justified application of labour law rules of dismissal protection on self-employed persons","authors":"Katarina Vidanović","doi":"10.5937/spz65-31865","DOIUrl":"https://doi.org/10.5937/spz65-31865","url":null,"abstract":"In this paper the rights of employees and self-employed persons and the distinction between them are analysed, with the special focus on dismissal protection. Using the comparative and normative method, the author analyses these legal questions in legal systems in Spain, Austria, the United Kingdom of Great Britain and Nothern Ireland, and the United States of America, including the existence of the mid-category of semi-dependent self-employed persons in the first three abovementioned jurisdictions and practical consequences of their existence. Dismissal protection of self-employed persons represents a legal question that is not sufficiently researched in comparison to the dismissal protection of employees. The hypothesis of the author in this paper has been based on the opinion that self-employed persons who work for others are justifiably deprived of dismissal protection, unlike semi-dependent self-employed persons who are unjustifiably deprived of it, especially because the second mentioned category does not experience entrepreneurial risks and chances. Also, the question of dismissal protection of self-employed persons is very relevant when we consider the amount of misuse of this occurrence and cost savings which employers often have when employing them. In the end, de lege ferenda solutions and their implications for other legal systems are proposed by the author of the paper.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48390004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Erratum: Kontrola stranih direktnih investicija u pravu EU u uslovima krize izazvane pandemijom (2021, Vol. 65, no. 3, pp. 361-374) 错误：疫情危机条件下欧盟法律对外国直接投资的控制（2021，第65卷，第3期，第361-374页）

Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz2104715u

U. Uredništvo

引用次数: 0