Collective bargaining is a process of joint decision-making in which the social partners, representing the interests of their membership, try, in good faith, to determine the content and conclude the collective agreement. In this sense, collective bargaining is a way to resolve many issues related to the work process, to the satisfaction of all parties. In a context in which labour markets are characterized by inequality and uncertainty, the extension of the collective agreement is a key public policy instrument for the promotion of collective bargaining in general. However, certain principles must be represented to allow as many workers as possible to be covered by the extended effect of the collective agreement. These principles are set out in Collective Agreements Recommendation no. 91 of International Labour Organization and need to be followed to ensure respect for the free and voluntary nature of collective bargaining. With the fourth industrial revolution, the world of work changed radically, but the institute of the extended effect of the collective agreement can offer some answers to new circumstances, such as the increase of flexible forms of work and employment, migrant workers, or posted workers.
{"title":"The extension of collective agreements as a way to promote collective bargaining","authors":"B. Urdarević","doi":"10.5937/spz65-32376","DOIUrl":"https://doi.org/10.5937/spz65-32376","url":null,"abstract":"Collective bargaining is a process of joint decision-making in which the social partners, representing the interests of their membership, try, in good faith, to determine the content and conclude the collective agreement. In this sense, collective bargaining is a way to resolve many issues related to the work process, to the satisfaction of all parties. In a context in which labour markets are characterized by inequality and uncertainty, the extension of the collective agreement is a key public policy instrument for the promotion of collective bargaining in general. However, certain principles must be represented to allow as many workers as possible to be covered by the extended effect of the collective agreement. These principles are set out in Collective Agreements Recommendation no. 91 of International Labour Organization and need to be followed to ensure respect for the free and voluntary nature of collective bargaining. With the fourth industrial revolution, the world of work changed radically, but the institute of the extended effect of the collective agreement can offer some answers to new circumstances, such as the increase of flexible forms of work and employment, migrant workers, or posted workers.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082667","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}
Company, bankruptcy and the law on takeover of joint stock companies, by regulating the duties (obligations - debtor of the obligation) of members of the management of the public joint stock company (first of all), do not have the same approach in determining the subject of protection to which there is a prescribed duty (creditor of the prescribed obligation). On the other hand, the regulation of this issue is not uniform in the relevant comparative laws of these branches of law, both at the level of legal ("hard") law as well as at the level of autonomous ("soft") law. In this paper, the author seeks, first of all, to determine the dominant position of comparative regulations regarding the determination of the subject of law (the subject of protection) of the prescribed duty of the management of a company, as well as the reasons for such determination. The author takes the position, based on the appropriate argumentation that in the company law the subject of protection is a joint stock company (company as a legal entity), in the bankruptcy law it is an unsecured creditor while in the takeover law it is a shareholder. Since there is no unique position on these issues in legal theory, legislation and jurisprudence, the author refers to this situation as a kind of "Bermuda triangle".
{"title":"\"The Bermuda triangle\" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder","authors":"S. Vasiljević","doi":"10.5937/spz65-33361","DOIUrl":"https://doi.org/10.5937/spz65-33361","url":null,"abstract":"Company, bankruptcy and the law on takeover of joint stock companies, by regulating the duties (obligations - debtor of the obligation) of members of the management of the public joint stock company (first of all), do not have the same approach in determining the subject of protection to which there is a prescribed duty (creditor of the prescribed obligation). On the other hand, the regulation of this issue is not uniform in the relevant comparative laws of these branches of law, both at the level of legal (\"hard\") law as well as at the level of autonomous (\"soft\") law. In this paper, the author seeks, first of all, to determine the dominant position of comparative regulations regarding the determination of the subject of law (the subject of protection) of the prescribed duty of the management of a company, as well as the reasons for such determination. The author takes the position, based on the appropriate argumentation that in the company law the subject of protection is a joint stock company (company as a legal entity), in the bankruptcy law it is an unsecured creditor while in the takeover law it is a shareholder. Since there is no unique position on these issues in legal theory, legislation and jurisprudence, the author refers to this situation as a kind of \"Bermuda triangle\".","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082718","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}
In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language. The first part deals with similarities and discrepancies in the process of creating a legal norm within two major legal families, examining the operational particularities of the two fundamentally different norm-creators. In this respect, the paper presents essential dissimilarities between the activities of a parliament as a legislator, opposed to an Anglo-American court as a creator of a binding precedent. The second part is dedicated to the analysis of the language of legal norm in two major European legal systems. The paper examines the language structure both in common law and civilian legal norms, as well as its limitations based on the particularities of forums in which they were created: the parliament and the court.
{"title":"Common Law legal norm","authors":"Damir Šite","doi":"10.5937/spz65-26843","DOIUrl":"https://doi.org/10.5937/spz65-26843","url":null,"abstract":"In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language. The first part deals with similarities and discrepancies in the process of creating a legal norm within two major legal families, examining the operational particularities of the two fundamentally different norm-creators. In this respect, the paper presents essential dissimilarities between the activities of a parliament as a legislator, opposed to an Anglo-American court as a creator of a binding precedent. The second part is dedicated to the analysis of the language of legal norm in two major European legal systems. The paper examines the language structure both in common law and civilian legal norms, as well as its limitations based on the particularities of forums in which they were created: the parliament and the court.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083032","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}
While it is well established in the literature that legal science stricto sensu includes activities directed toward identification of the content of law, the legal science ampio sensu has a broader meaning, as also includes the set of disciplines that have in some sense the law as an object of study, such as the science of law, legal theory, jurisprudence, legal dogmatics, the sociology of law, legal anthropology, comparative law, history of law, and science of legislation.1 This broader approach is embedded in the very act by which the Institute of Comparative Law in Belgrade was founded2 in 1955, and is continually reaffirmed in its work and the work of its researchers. The Institute’s staple journal, Strani pravni život (Foreign Legal Life), bears the same hallmark. As one of the oldest legal journals in Serbia, initially conceived as a bulletin containing reviews of current achievements in comparative legal theory, legislation and practice, it has since grown to foster academic debate and publish original scientific research centring on international and comparative law, contributing further to contemporary legal science not just in Serbia, but also in the Western Balkans. Over the past decades, comparative legal research published therein seems to almost unequivocally include references to the still ongoing European integration processes, seen through the lens of various national legal systems. First and foremost, the current volume of Strani pravni život (Foreign Legal Life) standing before you aims to somewhat narrow down this approach and, addressing the proposal for introducing thematic volumes, voiced by the journal’s Editorial Board, showcase the law of the Baltic states – primarily Estonia, Latvia, and Lithuania. This was done for several reasons. The relevance of the European integration experience of the Baltic states for the Western Balkan countries is evident. The three Baltic States – Estonia, Latvia, and Lithuania
虽然在文献中已经确定，严格意义上的法学包括旨在识别法律内容的活动，但狭义意义上的法学具有更广泛的含义，因为它还包括在某种意义上将法律作为研究对象的一系列学科，如法律科学、法律理论、法理学、法律教条学、法律社会学、法律人类学、比较法、法律史和立法科学1955年贝尔格莱德比较法研究所就是根据这种更广泛的方法成立的，并在比较法研究所及其研究人员的工作中不断得到重申。该研究所的主要期刊Strani pravni život(外国法律生活)也具有同样的特点。作为塞尔维亚最古老的法律期刊之一，它最初被设想为一份载有对比较法理论、立法和实践方面当前成就的评论的公报，后来发展为促进学术辩论和发表以国际法和比较法为中心的原创科学研究，不仅在塞尔维亚，而且在西巴尔干进一步促进当代法律科学。在过去的几十年里，其中发表的比较法研究似乎几乎毫不含糊地包括通过不同国家法律制度的镜头看到的仍在进行的欧洲一体化进程的参考。首先，现在摆在你们面前的Strani pravni život (Foreign Legal Life，外国法律生活)这一卷，旨在缩小这一方法的范围，并针对期刊编辑委员会提出的引入专题卷的建议，展示波罗的海国家的法律——主要是爱沙尼亚、拉脱维亚和立陶宛。这样做有几个原因。波罗的海国家的欧洲一体化经验对西巴尔干国家的相关性是显而易见的。波罗的海三国——爱沙尼亚、拉脱维亚和立陶宛
{"title":"The law of Baltic countries: A source of inspiration for legal scholars and practitioners","authors":"A. Rodiņa, Ana Knežević-Bojović, V. Ćorić","doi":"10.5937/spz65-36052","DOIUrl":"https://doi.org/10.5937/spz65-36052","url":null,"abstract":"While it is well established in the literature that legal science stricto sensu includes activities directed toward identification of the content of law, the legal science ampio sensu has a broader meaning, as also includes the set of disciplines that have in some sense the law as an object of study, such as the science of law, legal theory, jurisprudence, legal dogmatics, the sociology of law, legal anthropology, comparative law, history of law, and science of legislation.1 This broader approach is embedded in the very act by which the Institute of Comparative Law in Belgrade was founded2 in 1955, and is continually reaffirmed in its work and the work of its researchers. The Institute’s staple journal, Strani pravni život (Foreign Legal Life), bears the same hallmark. As one of the oldest legal journals in Serbia, initially conceived as a bulletin containing reviews of current achievements in comparative legal theory, legislation and practice, it has since grown to foster academic debate and publish original scientific research centring on international and comparative law, contributing further to contemporary legal science not just in Serbia, but also in the Western Balkans. Over the past decades, comparative legal research published therein seems to almost unequivocally include references to the still ongoing European integration processes, seen through the lens of various national legal systems. First and foremost, the current volume of Strani pravni život (Foreign Legal Life) standing before you aims to somewhat narrow down this approach and, addressing the proposal for introducing thematic volumes, voiced by the journal’s Editorial Board, showcase the law of the Baltic states – primarily Estonia, Latvia, and Lithuania. This was done for several reasons. The relevance of the European integration experience of the Baltic states for the Western Balkan countries is evident. The three Baltic States – Estonia, Latvia, and Lithuania","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083907","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}
In the article, the author explains the foundation and the constitutional regulation of the Latvian Constitutional Court marking its place within the principle of the separation of powers. The appointment of the justices and some novelties along with problems encountered in the justice selection procedure is provided in other chapter of the article. By describing the competence of the Constitutional Court, it is pointed out that it is very narrow as the Constitutional Court adjudicates only cases about conformity of legal enactments with the norms of higher hierarchy. The author analyses also the circle of persons who can stand before the Court. Special emphasis is given to the constitutional complaint - a petition which can be submitted to the Constitutional Court by an individual and which marks also dialogue between the Latvian Constitutional Court and the European Court of Human Rights. At the end, the author explains the legal force and real influence of judgments of the Constitutional Court, including rights of the Constitutional Court to determine a point in time when the anticonstitutional regulation becomes null and void. The author concludes that the Constitutional Court not only theoretically, but also in reality ensures a system for the constitutional order and values, as well as principles in the Republic of Latvia.
{"title":"Constitutional Court as a guardian of the Latvian legal system","authors":"A. Rodiņa","doi":"10.5937/spz65-33681","DOIUrl":"https://doi.org/10.5937/spz65-33681","url":null,"abstract":"In the article, the author explains the foundation and the constitutional regulation of the Latvian Constitutional Court marking its place within the principle of the separation of powers. The appointment of the justices and some novelties along with problems encountered in the justice selection procedure is provided in other chapter of the article. By describing the competence of the Constitutional Court, it is pointed out that it is very narrow as the Constitutional Court adjudicates only cases about conformity of legal enactments with the norms of higher hierarchy. The author analyses also the circle of persons who can stand before the Court. Special emphasis is given to the constitutional complaint - a petition which can be submitted to the Constitutional Court by an individual and which marks also dialogue between the Latvian Constitutional Court and the European Court of Human Rights. At the end, the author explains the legal force and real influence of judgments of the Constitutional Court, including rights of the Constitutional Court to determine a point in time when the anticonstitutional regulation becomes null and void. The author concludes that the Constitutional Court not only theoretically, but also in reality ensures a system for the constitutional order and values, as well as principles in the Republic of Latvia.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082869","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}
With a growing environmental degradation and the destruction of natural resources, it is increasingly recognized that criminal law protection is needed as the most repressive measure to protect the environment. This paper considers the criminal law protection of biodiversity in the Republic of Serbia, Republic of Croatia, Montenegro and Bosnia and Herzegovina, with an emphasis on the protection of wild plant and animal species that are particularly vulnerable to overexploitation, including strictly protected and protected wild species and forest ecosystems. The analysis covers various criminal offenses against biodiversity in the context of protection of wild plant and animal species, and discusses the effects of the implementation of relevant regulations. Comparative statistics on criminal charges, as well as accusations and convictions for these crimes in the last decade, indicate a worryingly mild penal policy and a lack of capacity of professionals to act in environmental criminal proceedings. Although statistics indicate that there has been an increase in the reporting of environmental crimes, the number of reported cases remains at a worryingly low level. A large number of criminal charges are rejected, and when criminal proceedings are initiated and conducted, mild criminal penalties are imposed, most often suspended sentences or fines. All this indicates that increasing the knowledge and capacity of professionals is needed in order to improve efficiency of criminal protection against the environment and biodiversity in practice.
{"title":"Criminal protection of endangered wild plant and animal species: Challenges of legal practice","authors":"Milena Banić","doi":"10.5937/spz65-30636","DOIUrl":"https://doi.org/10.5937/spz65-30636","url":null,"abstract":"With a growing environmental degradation and the destruction of natural resources, it is increasingly recognized that criminal law protection is needed as the most repressive measure to protect the environment. This paper considers the criminal law protection of biodiversity in the Republic of Serbia, Republic of Croatia, Montenegro and Bosnia and Herzegovina, with an emphasis on the protection of wild plant and animal species that are particularly vulnerable to overexploitation, including strictly protected and protected wild species and forest ecosystems. The analysis covers various criminal offenses against biodiversity in the context of protection of wild plant and animal species, and discusses the effects of the implementation of relevant regulations. Comparative statistics on criminal charges, as well as accusations and convictions for these crimes in the last decade, indicate a worryingly mild penal policy and a lack of capacity of professionals to act in environmental criminal proceedings. Although statistics indicate that there has been an increase in the reporting of environmental crimes, the number of reported cases remains at a worryingly low level. A large number of criminal charges are rejected, and when criminal proceedings are initiated and conducted, mild criminal penalties are imposed, most often suspended sentences or fines. All this indicates that increasing the knowledge and capacity of professionals is needed in order to improve efficiency of criminal protection against the environment and biodiversity in practice.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082568","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}
The article comprehensively analyses the case of Urgenda v. the Netherlands as the first successful climate litigation in Europe. The article analyses the arguments on which the Dutch courts established state responsibility for human rights violations caused by the failure of the state in the implementation of policies to combat climate change. The significance of this case is pointed out not only for Dutch, but also for international law. The second part of the article will show how the Urgenda case affected climate litigation that began to appear before national courts across Europe. Through a comparative analysis of cases, it will be pointed out that there is uneven case law in climate litigation before national courts. It will be seen how the Urgenda case had an impact on the initiation of climate disputes and before the European Court of Human Rights. Particular attention is paid to the issue of the connection between the impact of climate change and the torture caused by the harmful effects of global warming, which was initiated before the European Court of Human Rights in Strasbourg. At the end of the article, the perspective of climate litigation is considered.
本文全面分析了欧洲第一个成功的气候诉讼案件“紧急议程诉荷兰案”。本文分析了荷兰法院确立国家应对气候变化政策失败所造成的侵犯人权行为的国家责任的论据。指出了此案不仅对荷兰，而且对国际法的意义。文章的第二部分将展示Urgenda案件如何影响欧洲各国法院开始审理的气候诉讼。通过对案例的比较分析，指出各国法院在气候诉讼中存在着判例法参差不齐的问题。我们将看到，“紧急议程”一案如何对气候争端的启动以及在欧洲人权法院(European Court of Human Rights)之前产生影响。特别注意气候变化的影响与全球变暖的有害影响所造成的酷刑之间的联系问题，这个问题是在斯特拉斯堡的欧洲人权法院提出的。在文章的最后，考虑了气候诉讼的视角。
{"title":"Significance of the case of Urgenda for the development of climate litigations in Europe","authors":"Z Ljubomir Tintor","doi":"10.5937/spz65-31054","DOIUrl":"https://doi.org/10.5937/spz65-31054","url":null,"abstract":"The article comprehensively analyses the case of Urgenda v. the Netherlands as the first successful climate litigation in Europe. The article analyses the arguments on which the Dutch courts established state responsibility for human rights violations caused by the failure of the state in the implementation of policies to combat climate change. The significance of this case is pointed out not only for Dutch, but also for international law. The second part of the article will show how the Urgenda case affected climate litigation that began to appear before national courts across Europe. Through a comparative analysis of cases, it will be pointed out that there is uneven case law in climate litigation before national courts. It will be seen how the Urgenda case had an impact on the initiation of climate disputes and before the European Court of Human Rights. Particular attention is paid to the issue of the connection between the impact of climate change and the torture caused by the harmful effects of global warming, which was initiated before the European Court of Human Rights in Strasbourg. At the end of the article, the perspective of climate litigation is considered.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082628","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}
The use of information and communication technologies in the work process introduced significant innovations, as well as the emergence of new occupations and professions. This digitalisation of work affects the increase of efficiency and easier performance of a number of jobs, but also the precarisation of labour and shifting the focus of employers from employment to other, atypical forms of labour relations. At the same time, employed digital workers exercise some of their labour rights in a specific way. In most cases, digital work implies physical separation from the employer, which raises a number of questions: how to organise working hours, how to supervise the work of digital workers, how they can exercise their collective rights, how the employer can arrange a safe working environment outside its premises, and similar. On the other hand, workers who work outside the employment relationship, among which platform self-employed workers and freelancers stand out, are in a significantly more difficult position when it comes to exercising basic labour rights. The emergence of false self-employment, which is expanding along with the growth of the use of ICT in the work process in various occupations, as well as the virtually unresolved status of the" freelancers" working exclusively in short-term employment for multiple employers simultaneously or successively, are some of the most pressing problems in modern labour law. The research is focused on the analysis of all these issues; it does not largely deal with the basic clarification of the concepts and development of certain categories of employment - these issues are treated only superficially - but it rather indicates the upgrade of the initial tendencies of changes in the understanding of labour and employment, with particular emphasis on returning to classical form of labour relation, which has been refined and modernised with new elements resulting from the digitalisation of work.
{"title":"Labour status of digital workers: Experience of European countries","authors":"Mario Reljanović, Jovana M. Misailović","doi":"10.5937/spz65-33727","DOIUrl":"https://doi.org/10.5937/spz65-33727","url":null,"abstract":"The use of information and communication technologies in the work process introduced significant innovations, as well as the emergence of new occupations and professions. This digitalisation of work affects the increase of efficiency and easier performance of a number of jobs, but also the precarisation of labour and shifting the focus of employers from employment to other, atypical forms of labour relations. At the same time, employed digital workers exercise some of their labour rights in a specific way. In most cases, digital work implies physical separation from the employer, which raises a number of questions: how to organise working hours, how to supervise the work of digital workers, how they can exercise their collective rights, how the employer can arrange a safe working environment outside its premises, and similar. On the other hand, workers who work outside the employment relationship, among which platform self-employed workers and freelancers stand out, are in a significantly more difficult position when it comes to exercising basic labour rights. The emergence of false self-employment, which is expanding along with the growth of the use of ICT in the work process in various occupations, as well as the virtually unresolved status of the\" freelancers\" working exclusively in short-term employment for multiple employers simultaneously or successively, are some of the most pressing problems in modern labour law. The research is focused on the analysis of all these issues; it does not largely deal with the basic clarification of the concepts and development of certain categories of employment - these issues are treated only superficially - but it rather indicates the upgrade of the initial tendencies of changes in the understanding of labour and employment, with particular emphasis on returning to classical form of labour relation, which has been refined and modernised with new elements resulting from the digitalisation of work.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082877","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}
Estonia, Latvia and Lithuania are three countries that encompass diverse and creative constitutional solutions when it comes to the system of separation of powers and the constitutional engineering of the role of the president of the republic. Sharing the same Soviet history, these sovereign states continue to maintain high level of cooperation, but also develop their constitutional systems in different directions. While Lithuania adopted one form of the semi-presidential system, Estonia and Latvia on the other hand opted for parliamentary ones. Differences are especially prominent when it comes to particular presidential powers, e.g. presidential veto power, where constitutional solutions of these countries manifest attributes that are not only significantly different from one another, but also unique in a general comparative perspective and from the theoretical standpoint. Some of these powers also enable (or have the potential to do so) the presidents of Estonia, and especially Latvia to achieve much more prominent role in comparison to the one that is to be expected from the president in a parliamentary system. In this paper the author analyses key elements regarding presidential power in all three of the Baltic States, their constitutional foundation and framework, as well as real manifestation in political life, especially highlighting the sui generis constitutional solutions that the Baltic States exhibit in this matter.
{"title":"The presidents of the Baltic States: Comparative overview","authors":"M. Đorđević","doi":"10.5937/spz65-35047","DOIUrl":"https://doi.org/10.5937/spz65-35047","url":null,"abstract":"Estonia, Latvia and Lithuania are three countries that encompass diverse and creative constitutional solutions when it comes to the system of separation of powers and the constitutional engineering of the role of the president of the republic. Sharing the same Soviet history, these sovereign states continue to maintain high level of cooperation, but also develop their constitutional systems in different directions. While Lithuania adopted one form of the semi-presidential system, Estonia and Latvia on the other hand opted for parliamentary ones. Differences are especially prominent when it comes to particular presidential powers, e.g. presidential veto power, where constitutional solutions of these countries manifest attributes that are not only significantly different from one another, but also unique in a general comparative perspective and from the theoretical standpoint. Some of these powers also enable (or have the potential to do so) the presidents of Estonia, and especially Latvia to achieve much more prominent role in comparison to the one that is to be expected from the president in a parliamentary system. In this paper the author analyses key elements regarding presidential power in all three of the Baltic States, their constitutional foundation and framework, as well as real manifestation in political life, especially highlighting the sui generis constitutional solutions that the Baltic States exhibit in this matter.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083528","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}
The paper analyses the judgment of the International Court of Justice in the lawsuit of Qatar against the United Arab Emirates on the application of the International Convention on the Elimination of All Forms of Racial Discrimination and its contribution to the development of anti-discrimination law. The motives and procedural actions of the parties, the reasoning of the Court, and the consequences of the judgment are analysed, using legal, social, and philosophical methodologies. The research results in findings that the Court did not take into account the practice of human rights monitoring bodies. Instead, the Court teleologically interpreted the Convention and found that the substantive scope of the Convention does not cover nationality as a protected ground. This judgment does not give rise to optimism regarding further articulation and systematization of anti-discrimination law. Parochialism will certainly continue to prevail in the definition of the concept, protected grounds and relations, and purposes of protection against discrimination. Nevertheless, this judgment is useful in a few aspects: for the assessment of procedural prospects in the future similar proceedings, for understanding the scope of the Convention, and, in particular, for the understanding of various meanings of the notion of nationality within different contexts.
{"title":"Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates","authors":"Živorad Rašević","doi":"10.5937/spz65-33037","DOIUrl":"https://doi.org/10.5937/spz65-33037","url":null,"abstract":"The paper analyses the judgment of the International Court of Justice in the lawsuit of Qatar against the United Arab Emirates on the application of the International Convention on the Elimination of All Forms of Racial Discrimination and its contribution to the development of anti-discrimination law. The motives and procedural actions of the parties, the reasoning of the Court, and the consequences of the judgment are analysed, using legal, social, and philosophical methodologies. The research results in findings that the Court did not take into account the practice of human rights monitoring bodies. Instead, the Court teleologically interpreted the Convention and found that the substantive scope of the Convention does not cover nationality as a protected ground. This judgment does not give rise to optimism regarding further articulation and systematization of anti-discrimination law. Parochialism will certainly continue to prevail in the definition of the concept, protected grounds and relations, and purposes of protection against discrimination. Nevertheless, this judgment is useful in a few aspects: for the assessment of procedural prospects in the future similar proceedings, for understanding the scope of the Convention, and, in particular, for the understanding of various meanings of the notion of nationality within different contexts.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082710","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}
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