Pravni Zapisi最新文献_第2页

Human rights of foreigners refused entry and detained at airport transit zones: From Novak Đoković saga to the arbitrary detention of H.G.D. 外国人被拒绝入境和在机场过境区被拘留的人权:从诺瓦克Đoković事件到H.G.D.的任意拘留

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37665

N. Kovačević

{"title":"Human rights of foreigners refused entry and detained at airport transit zones: From Novak Đoković saga to the arbitrary detention of H.G.D.","authors":"N. Kovačević","doi":"10.5937/pravzap0-37665","DOIUrl":"https://doi.org/10.5937/pravzap0-37665","url":null,"abstract":"The right to liberty and security of persons, as well as individual's absolute right not to be ill-treated or sent to the territory of the State where one would face such risk, represent a cornerstone of refugee and migrant protection at all border crossings. However, regardless of the migration status of a foreigner arriving at the border control posts, an entire scope of human rights protects an individual from border police officers who exercise a State's sovereignty in controlling entry, stay and expulsion from its territory. This undisputable right of the State is not an absolute one, and it has to be performed in line with the international human rights law, but also international refugee law. Inspired by the case of Novak Đoković, this paper deals with the legal status of foreigners who have been refused entry and detained at the airport transit zones. The practice at Belgrade airport will serve as a case study. The status of foreigners at the transit zone of the Nikola Tesla airport will be examined from the perspective of the right to liberty and security and the standards which arose from the practice of the European Court of Human Rights.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71031734","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

New Belgian property law 比利时新物权法

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap2201331r

Aleksandar Radonjić

引用次数: 0

Competition law and policy for the Internet of Things 物联网竞争法律与政策

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37342

I. Nikolic

引用次数: 0

Conflict of law aspects of same-sex partnership concluded abroad: Some remarks from the aspect of domestic private international law 国外同性伴侣关系的法律冲突问题综述——从国内国际私法角度谈

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37385

Mina Pavlović

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Latest edition of liberal democracy is now available: Terms and conditions may apply 最新版的自由民主现在可用:条款和条件可能适用

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap2201007o

Zoran Oklopčić

{"title":"Latest edition of liberal democracy is now available: Terms and conditions may apply","authors":"Zoran Oklopčić","doi":"10.5937/pravzap2201007o","DOIUrl":"https://doi.org/10.5937/pravzap2201007o","url":null,"abstract":"Liberal democracy is in crisis: “But ... do we know what it is?” “The confusion of terms”, claims Helena Rosenblatt, “impairs liberals’ understanding of their own principles and weakens their politics”, which “their opponents easily exploit the verbal ambiguities” – which is why it’s “high time that we clarify what the term ‘liberal democracy’ means and what it stands for”.1 What liberal democracy stands for depends on what we mean by asking that question, and that can be a number of things. “What exactly do we mean by liberal democracy?” What do we really mean by “liberal democracy”? The answers to these questions remain inseparable from how one responds to other, equally basic ones: What are the functions of liberal democracy? What are the dispositions of liberal democracy? How do liberal democracies function, in reality? What could be the functions of liberal democracies, possibly? That is increasingly hard to say. The form of government that, (according to Fareed Zakaria’s seminal article)2 appeared to require nothing more than respect for fundamental liberties, separation of powers and free and fair elections, has over the course of next two decades mutated into “a complicated interaction between [...] political competition, stable institutions of state, vibrant organs of civil society, meaningful political intermediaries”, which “reinforces the democratic virtues of popular sovereignty”, in which “the majority, either directly or through representative bodies,","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032285","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

Can we talk about digital economy taxation without Improved administrative cooperation between countries? 我们能在不改善国家间行政合作的情况下谈数字经济税收吗?

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-41045

I. Ivanov

{"title":"Can we talk about digital economy taxation without Improved administrative cooperation between countries?","authors":"I. Ivanov","doi":"10.5937/pravzap0-41045","DOIUrl":"https://doi.org/10.5937/pravzap0-41045","url":null,"abstract":"Finding the right rules for taxation of corporate income in digital economy has been at the centre of attention of international tax community. Three proposals have received most attention, even though it is still uncertain whether any of them would be elected as a final solution. What these proposals show us is that in order to adopt new rules for taxation of digital economy, it is necessary to provide a functional global environment where information would be readily available and where countries would provide assistance in tax collection. However, existing mutual assistance instruments fall short of that. In this paper it is argued that current political momentum around the need to reach an international consensus should be used to enhance mutual assistance mechanisms. It is argued that CRS should become main global instrument for automatic exchange of information, or at least that CRS and FATCA rules should be harmonised so that there are no differences between them. Furthermore, it is argued that all countries should start providing assistance in tax collection based on OECD MAC. And secondly, it is argued that programs for technical assistance and capacity building offered by the OECD should be expanded so that more countries have access to them and that more resources are dedicated to each country.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032305","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

Document serving the conclusion of a contract and conveyance of a right: Interweaving of the Roman and Greek legal traditions in Byzantine private law 为订立合同和转让权利服务的文件:拜占庭私法中罗马和希腊法律传统的交织

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37349

Tatjana Ilić

引用次数: 0

The EU institutional model of competition law enforcement evisited: How much rule of law suffices? 欧盟竞争执法制度模式探访:多少法治就够了?

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-40075

Dijana Marković-Bajalović

{"title":"The EU institutional model of competition law enforcement evisited: How much rule of law suffices?","authors":"Dijana Marković-Bajalović","doi":"10.5937/pravzap0-40075","DOIUrl":"https://doi.org/10.5937/pravzap0-40075","url":null,"abstract":"The EU model of competition law enforcement has been criticized by many authors ever since antitrust provisions in the EEC Treaty became effective. The fundamental contradiction between the high level of fines threatened (and often imposed) for antitrust violations and the administrative, inquisitorial procedure for investigating antitrust offences and imposing sanctions has principally inspired the critics. The compatibility of the EU model with Article 6 of the European Convention on Human Rights (the ECHR) was disputed, instigating the EU institutions to take steps to improve the institutional and procedural framework for applying competition rules. This process has not been completed yet. Directive 2019/1 raised additional controversies regarding the compliance of variegated national enforcement models with the rule of law. This article aims to analyze the genesis of the competition enforcement model in the EU, which materialized mainly through the EU secondary legislation and ECJ case law. We evaluate the EU model against the enforcement system imagined by the Ordoliberal school of thought and, secondly, against administrative models existing in two \"old\" Member States, in which the rule of law has deeply rooted - France and Germany. We conclude by identifying the most cumbersome deficiencies of the EU model and proposing possible solutions for eliminating them.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71031936","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

The prejudical question as a secondary subject of an administrative procedure 作为行政程序的次要主题的偏见问题

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-33879

Danilo Stevandić

{"title":"The prejudical question as a secondary subject of an administrative procedure","authors":"Danilo Stevandić","doi":"10.5937/pravzap0-33879","DOIUrl":"https://doi.org/10.5937/pravzap0-33879","url":null,"abstract":"The prejudicial question is a disputable (unresolved) legal issue which, as an independent legal issue, represents the subject of either court or other administrative procedure, and whose resolution decisively affects the decision on an administrative matter and thereby represents a secondary subject of an administrative procedure. The legal term \"preliminary question\" is not synonymous with the legal term \"prejudicial question\", and the term \"incidental question\" may be synonymous with it when used in a narrower sense. A prejudicial question acts as a factual issue in administrative proceedings since it is an element of the factual situation, even though it always represents a legal issue in its nature. The Republic of Serbia has been implementing a combined model with regards to resolving the prejudicial question, according to which the administrative body, except for cases prescribed by law, may choose to either consider and independently discuss the prejudicial question or terminate the proceedings until the court or other competent authority resolves the issue. The novelties introduced in the General Administrative Procedure Act (2016) limit the powers of administrative bodies in resolving prejudicial issues and thus create conditions for more consistent implementation of both the principle of separation of powers and rules on absolute incompetence in matters of great importance for the rights of individuals and the society as a whole.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71031445","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

How 'digital' is the new Serbian Law on Digital Assets? 塞尔维亚新数字资产法的“数字”程度如何?

Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-38132

Željka Motika

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