{"title":"Human right to water with particular reference to practice of the European Court of Human Rights","authors":"M. Mladenov, Goran Milojević Lj.","doi":"10.5937/SPZ63-22127","DOIUrl":"https://doi.org/10.5937/SPZ63-22127","url":null,"abstract":"","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71081353","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}
Article 15 of the Framework Convention places an obligation upon the State Parties to provide conditions for the participation of persons of minority origin in the work of their public administration and other segments of the public sector. As it is the case with the other strands of Article 15, the degree of realisation of this duty is measured against the standard of adequate representation. Due to the novel nature of the obligation and the programmatic character of Article 15 the standard of adequate representation in non-elected public bodies has remained underdeveloped and vague. In the paper, the author seeks to identify the legal objectives behind the standard of adequate representation by analysing the Advisory Committee’s thematic commentaries and country-specific opinions. The purpose of the paper is to contribute to the further normative elaboration of the standard of adequate representation in a way which would increase its interpretative value.
{"title":"Towards a better understanding of the standard of adequate representation of persons belonging to national minorities in public sector","authors":"Milica Matijević","doi":"10.5937/spz63-24844","DOIUrl":"https://doi.org/10.5937/spz63-24844","url":null,"abstract":"Article 15 of the Framework Convention places an obligation upon the State Parties to provide conditions for the participation of persons of minority origin in the work of their public administration and other segments of the public sector. As it is the case with the other strands of Article 15, the degree of realisation of this duty is measured against the standard of adequate representation. Due to the novel nature of the obligation and the programmatic character of Article 15 the standard of adequate representation in non-elected public bodies has remained underdeveloped and vague. In the paper, the author seeks to identify the legal objectives behind the standard of adequate representation by analysing the Advisory Committee’s thematic commentaries and country-specific opinions. The purpose of the paper is to contribute to the further normative elaboration of the standard of adequate representation in a way which would increase its interpretative value.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082459","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}
Collective bargaining is type of dialogue between social partners (representative trade unions and representative employer organization) which lead to conclusion of collective agreement. For success of collective bargaining, it must necessarily be laid on a democratic basis and it must be in accordance with appropriate legal framework that enables the social partners to act autonomously and independently. This means that employees, on the one hand, and employers, on the other, have the right to freely choose to form their own organizations (trade unions and employers’ organizations), and to join them under the conditions prescribed by their own statutes or rules. The author considers right to collective bargaining as one of the cornerstone rights adopted by International Labour Organisation and give a special attention to legal framework and situation regarding collective bargaining in Germany and Republic of Serbia.
{"title":"Collective bargaining with special reference to the law of Germany and Republic of Serbia","authors":"Jovana M. Misailović","doi":"10.5937/spz63-24186","DOIUrl":"https://doi.org/10.5937/spz63-24186","url":null,"abstract":"Collective bargaining is type of dialogue between social partners (representative trade unions and representative employer organization) which lead to conclusion of collective agreement. For success of collective bargaining, it must necessarily be laid on a democratic basis and it must be in accordance with appropriate legal framework that enables the social partners to act autonomously and independently. This means that employees, on the one hand, and employers, on the other, have the right to freely choose to form their own organizations (trade unions and employers’ organizations), and to join them under the conditions prescribed by their own statutes or rules. The author considers right to collective bargaining as one of the cornerstone rights adopted by International Labour Organisation and give a special attention to legal framework and situation regarding collective bargaining in Germany and Republic of Serbia.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082531","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}
{"title":"Legal regime of work-related injury and occupational disease in domestic and comparative law","authors":"D. Petrović","doi":"10.5937/SPZ63-20957","DOIUrl":"https://doi.org/10.5937/SPZ63-20957","url":null,"abstract":"","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71081442","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}
{"title":"The challenges of European law reception: The example of Serbian corporate law","authors":"D. Mijatović","doi":"10.5937/SPZ63-21316","DOIUrl":"https://doi.org/10.5937/SPZ63-21316","url":null,"abstract":"","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71081533","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}
{"title":"Influence of Anglo-Saxon law on Serbian company law","authors":"Z. M. Radović","doi":"10.5937/SPZ63-22552","DOIUrl":"https://doi.org/10.5937/SPZ63-22552","url":null,"abstract":"","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71081586","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}
{"title":"Yet another look at the U.S. constitutionalism and the phenomenon of 'We the People'","authors":"M. Bulajić","doi":"10.5937/spz63-23850","DOIUrl":"https://doi.org/10.5937/spz63-23850","url":null,"abstract":"","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71081786","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 deals with the rise of philosophical concept of mechanism, especially in the period of Molecular Biology development and its impact on legal approach to human body. The new challenges such as cloning or human genome editing are key for the dominating concept of mechanism, however, there are some limits as well. The basic question seems to be how far we „own“ our bodies. There is also an increasing role of parents by the „enhancing“ of their children. All this trends seem to be influenced by mechanism, however it creates a threat for other rights of the „enhanced“ children.
{"title":"Mechanist philosopy, concept of \"ownership\" and legal status of human body parts","authors":"Fábry Branislav","doi":"10.5937/spz63-24028","DOIUrl":"https://doi.org/10.5937/spz63-24028","url":null,"abstract":"The article deals with the rise of philosophical concept of mechanism, especially in the period of Molecular Biology development and its impact on legal approach to human body. The new challenges such as cloning or human genome editing are key for the dominating concept of mechanism, however, there are some limits as well. The basic question seems to be how far we „own“ our bodies. There is also an increasing role of parents by the „enhancing“ of their children. All this trends seem to be influenced by mechanism, however it creates a threat for other rights of the „enhanced“ children.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71081752","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 is devoted to the analysis of EU legal order’s impact on non-member states. EU law serves as the main tool for this process as the expansion of EU law outside of the Union is one of the priorities of its external actions. This is implemented through conclusion of international treaties with third countries. The author investigated provisions of association and partnership agreements of the European Union with different countries. The conducted analysis lets us make conclusions on the character and ways of influence of EU law on legal systems of non-member states, which depend on the level of cooperation between the parties that is precisely determined by relevant international agreements.
{"title":"Influence of law of the European Union on legal systems of third countries: Some contemporary tendencies","authors":"D. Galushko","doi":"10.5937/spz63-24902","DOIUrl":"https://doi.org/10.5937/spz63-24902","url":null,"abstract":"The paper is devoted to the analysis of EU legal order’s impact on non-member states. EU law serves as the main tool for this process as the expansion of EU law outside of the Union is one of the priorities of its external actions. This is implemented through conclusion of international treaties with third countries. The author investigated provisions of association and partnership agreements of the European Union with different countries. The conducted analysis lets us make conclusions on the character and ways of influence of EU law on legal systems of non-member states, which depend on the level of cooperation between the parties that is precisely determined by relevant international agreements.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082067","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}
{"title":"Reversion in the context of right to build","authors":"Muhamed Lišić","doi":"10.5937/spz63-22415","DOIUrl":"https://doi.org/10.5937/spz63-22415","url":null,"abstract":"","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71081873","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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