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Rule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values? 法治、信任和竞争:speed - pro会成为保护欧盟基本价值观的游戏规则改变者吗?
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-41108
Barbara Grabowska-Moroz
The CJEU's jurisprudence based on the LM case has been criticized on the grounds that it is very difficult, if not impossible, to prove threats to due process in an individual case. The central question posed is the permissibility of limiting the principle of mutual trust between Member States because of a potential breach of fundamental rights in one of them. In the recent Sped-Pro case, the General Court decided to apply the above question to a new field of EU Law - competition law - without changing much of the essence of the question. In trying to protect mutual trust between Member States, the General Court has not created effective tools to protect the rule of law in the Member States. This also puts the principle of mutual trust at risk.
欧洲法院基于LM案件的判例受到了批评,理由是很难,如果不是不可能,在个别案件中证明对正当程序的威胁。所提出的中心问题是是否允许由于其中一个国家的基本权利可能受到侵犯而限制会员国之间相互信任的原则。在最近的speed - pro案中,普通法院决定将上述问题适用于欧盟法的一个新领域——竞争法——而不改变问题的本质。在试图保护会员国之间的相互信任时,普通法院没有创造有效的工具来保护会员国的法治。这也使相互信任的原则面临风险。
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引用次数: 0
The clarity of referendums: An instrument for managing the (dis)continuity and perception of change 公民投票的明确性:管理(不)连续性和对变化的感知的工具
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-40714
Matija Miloš
Seen as a precondition for a referendum, clarity requires a clear referendum question and a clear majority for or against an outcome. In this article I argue clarity is not only an enabler of individual referendums but one way to politicize their context. In separating what is clear from what is obscure, clarity imposes the twin requirements of homogeneity and predictability. These, in turn, presuppose an interpretation of acceptable political (dis)continuities beyond the referendum as well as of perception of change. This reading of clarity shows how the referendum does not only manage change to which it is explicitly addressed, but that the purported voice of "the people" may at the same time be an instrument of clarity that imagines and normatively orders the referendum's surroundings.
作为全民公决的先决条件,明确性要求有一个明确的全民公决问题,以及支持或反对某一结果的明显多数。在这篇文章中,我认为明确性不仅是个人公投的推动者,也是将其背景政治化的一种方式。在区分什么是清晰的和什么是模糊的过程中,清晰性强加了同质性和可预测性的双重要求。反过来,这些预设了对公民投票之后可接受的政治(不)连续性的解释以及对变化的感知。这种对明确性的解读表明,全民公决不仅能够处理它明确提到的变化,而且所谓的“人民”的声音同时可能是一种明确性工具,它可以想象和规范地命令全民公决的周围环境。
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引用次数: 0
Rethinking land registration in XXI century Serbia 21世纪塞尔维亚土地登记的再思考
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-40782
Miloš Živković
In the late XX century, Serbia changed its system of land registration from the land books, that were outdated and neglected during the socialist era, to unified cadaster, the REC. Due to historical circumstances and construction of the REC system, lawmakers had to resort to unorthodox solutions to achieve the desired level of legal security. Because of unifying records of different nature (factual and legal), the REC needed to rethink the principle of legality and include the public notaries and courts in its implementation. Modernizing the registry meant that information technologies were used very broadly, making the shift to a fully electronic procedure of registration one of the main policy goals. This enabled introduction of the principle of registration by official duty, for the records to always be up to date. Mechanisms of protecting legal security provided by the registry do not function for objects under construction because they are not registered until the construction is completed. Therefore, the last unorthodox novelty was introduced: registration of buildings and apartments under construction.
20世纪末,塞尔维亚将其土地登记制度从社会主义时代过时和被忽视的土地登记簿改为统一地籍,即REC。由于历史环境和REC制度的建设,立法者不得不采取非正统的解决方案来达到理想的法律保障水平。由于统一了不同性质的记录(事实和法律),REC需要重新思考合法性原则,并将公证员和法院纳入其实施。使登记处现代化意味着信息技术得到非常广泛的使用,使向完全电子化的登记程序转变成为主要政策目标之一。这使公务登记的原则得以实行,使记录始终是最新的。登记处提供的保护法律安全的机制对正在建造的物体不起作用,因为它们直到建造完成才进行注册。因此,引入了最后一个非正统的新奇事物:正在建设的建筑物和公寓的注册。
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引用次数: 0
The consitutional obligation of an identical tax treatment of marriage, common law partnerships and same-sex partnerships in the Republic of Serbia 塞尔维亚共和国对婚姻、普通法伴侣关系和同性伴侣关系给予相同税收待遇的宪法义务
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37467
Svetislav V. Kostić
In this paper the author focuses on the question of the tax treatment of same-sex partnerships in comparison to the treatment provided for heterosexual marriages and common law partnerships (extramarital unions) in the Serbian law. Namely, different treatment of certain social phenomena can represent a prohibited form of discrimination only under the condition that we show that the observed phenomena are comparable, precisely from the view point of the object of protection provided by the prohibition of discrimination. The problem we face is that our understanding of certain phenomena has changed over time, as best illustrated by the fact that Aristotle, who introduced the concept of discrimination, would have found it difficult to understand the postulate that all people are equal in their rights and obligations before the law. The author starts from the premise that the tax treatment of same-sex partnerships should be viewed through the perspective of the principle of equality in tax law, the principle contained in Article 91, para. 2 of the Serbian Constitution, which stipulates that the obligation to pay taxes and other duties shall be general and based on the economic power of taxpayers. Therefore, if a same-sex union contains the same aspects that affect the economic power of taxpayers, aspects that exist in the case of heterosexual marriage and extramarital union, then the Serbian Constitution requires us to provide it with equal tax treatment resulting from living in a heterosexual partnership. In this way the author opens up the space for a critical review of the tax norms in the 2021 Draft Law on Same-Sex Partnerships, i.e. for proposing solutions that would enable easier, and above all more sustainable key goal the law aspires to, which is to eliminate discrimination of the same-sex partnerships in the Serbian legal system.
在本文中,作者着重讨论了与塞尔维亚法律中对异性婚姻和普通法伙伴关系(婚外结合)提供的待遇相比,同性伴侣关系的税收待遇问题。也就是说,对某些社会现象的不同对待,只有在我们表明所观察到的现象具有可比性的条件下,才能代表一种被禁止的歧视形式,这恰恰是从禁止歧视所提供的保护对象的角度来看的。我们面临的问题是,随着时间的推移,我们对某些现象的理解已经发生了变化,最能说明这一点的事实是,引入歧视概念的亚里士多德会发现,很难理解所有人在法律面前权利和义务平等的假设。笔者从一个前提出发,即同性伴侣的税收待遇应该从税法平等原则的角度来看待,即第91条第1款所包含的原则。《塞尔维亚宪法》第2条,其中规定纳税和其他义务应是一般性的,并以纳税人的经济实力为基础。因此,如果同性结合包含了影响纳税人经济权力的方面,这些方面存在于异性婚姻和婚外结合的情况下,那么塞尔维亚宪法要求我们为其提供与生活在异性伴侣关系中相同的税收待遇。通过这种方式,作者为对2021年同性伴侣关系法草案中的税收规范进行批判性审查开辟了空间,即提出解决方案,使法律所追求的关键目标更容易实现,最重要的是更可持续,即消除塞尔维亚法律体系中对同性伴侣关系的歧视。
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引用次数: 0
Catechism without God: Legal basis and ideological premises of teaching Marxism in schools of socialist Yugoslavia from 1945 to 1991 没有上帝的教理问答:1945—1991年南斯拉夫社会主义学校马克思主义教学的法律依据与思想前提
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-40586
Marko Božić
The paper sketches a general timeline and defines key milestones in some fifty years long teaching Marxism within the state school system of the socialist Yugoslavia. The research relies primarily on relevant legal framework, especially the School Reform Acts of 1958 and 1974, and associated doctrinal writings. Through discourse analysis of these legal and doctrinal sources, the paper discloses the evolving role and purpose of teaching Marxism as an institutionalized belief that was meant to contend the traditional religion. By questioning the experience of this socalled school-Marxism, the study contributes to a better understanding of socialist secularism as a historical phenomenon, potentially also instigating new attempts at reconsidering whole series of old, yet still persisting controversies, such as interrelation of science and atheism, the role and place of moral education, or religious neutrality of school curricula.
本文概述了在社会主义南斯拉夫的公立学校体系中进行马克思主义教学的总体时间线,并确定了近50年来的关键里程碑。本研究主要依赖于相关的法律框架,特别是1958年和1974年的学校改革法案,以及相关的理论著作。通过对这些法律和教义来源的话语分析,本文揭示了马克思主义作为一种制度化的信仰,旨在与传统宗教抗衡的教学角色和目的的演变。通过质疑这种所谓的学校马克思主义的经验,这项研究有助于更好地理解社会主义世俗主义作为一种历史现象,也可能激发新的尝试,重新考虑一系列古老的,但仍然存在的争议,如科学与无神论的相互关系,道德教育的作用和地位,或学校课程的宗教中立。
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引用次数: 0
The perspectives of same-sex parenting in Serbia: Between needs and opportunities 塞尔维亚同性父母的观点:在需求和机会之间
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37422
Veljko Vlašković, Jelena Arsić
In the context of current aspirations in terms of drafting and adopting a regulation that would finally legalize same-sex unions in Serbia, particularly important issue relates to the effect of same-sex union on the legal position of a child in such unity. The recently published text of the Draft Law on Same-Sex Unions undoubtedly opens the space for considering certain solutions related to the rights and obligations of a same-sex partner of a parent of the child, which is of direct importance in terms of exercising rights of the child in family relations. Based on these provisions, the authors seek to analyze legal possibilities and restrictions regarding the regulation of parental duties and rights of the child in the context of same-sex unions in Serbia. In these efforts, the authors commence from the relevant legal framework that regulates family relations, and thereby indicate some possible solutions.
在草拟和通过一项最终使塞尔维亚境内同性结合合法化的条例方面,目前的愿望是,特别重要的问题涉及同性结合对这种结合中儿童的法律地位的影响。最近公布的《同性婚姻法草案》案文无疑为考虑与同性伴侣或儿童父母的权利和义务有关的某些解决办法开辟了空间,这在行使儿童在家庭关系中的权利方面具有直接重要性。根据这些规定,作者试图分析在塞尔维亚同性结合的情况下,父母义务和儿童权利的监管方面的法律可能性和限制。在这些努力中,作者从管理家庭关系的有关法律框架出发,从而指出一些可能的解决办法。
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引用次数: 0
The long-lasting post-covid symptom: The case for the EU fiscal rules reform? 新冠疫情后的长期症状:欧盟财政规则改革的理由?
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37462
Mihajlo Babin, I. Ivanov, M. Erić
The paper investigates compliance with the EU fiscal rules in the period 1992-2020. The EU fiscal rules are prescribed as guidelines and represent a typical example of the soft law approach. The negative impact of the soft law approach is more visible after the periods of economic crisis (2008-2009; 2020-2022). The non-compliance with the prescribed ceilings on the level of the budgetary deficit and public debt create instability and various adverse economic effects. In the paper it is shown that existing rules are not adequate for the job they were made for. It is shown that the design and enforcement of the rules are poor, and that actually the European Commission, the watchdog, is in fact a toothless dog. The goal of the paper is to present potential reform alternatives with the aim to contribute to the reestablishment of the sound fiscal framework in the EU. The paper is concluded with the proposal of a completely new approach for the fiscal rules reform - Growth-Enhancement Fiscal Policy Switch (GEFPS).
本文调查了1992-2020年期间欧盟财政规则的遵守情况。欧盟财政规则被规定为指导方针,代表了软法律方法的典型例子。在经济危机时期(2008-2009;2020 - 2022)。不遵守预算赤字和公共债务水平的规定上限造成不稳定和各种不利的经济影响。本文指出,现有的规则并不足以胜任其制定的任务。报告显示,这些规则的设计和执行都很糟糕,而监管机构欧盟委员会实际上是一条没有牙齿的狗。本文的目标是提出潜在的改革方案,旨在为重建欧盟健全的财政框架做出贡献。最后,本文提出了一种全新的财政规则改革方法——促增长财政政策转换(GEFPS)。
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引用次数: 0
The divide between idealism and practicality in animals' fundamental rights recognition 动物基本权利承认中的理想主义与现实主义之分
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-40655
M. Susi
Contemporary theoretical discourse views animals as a vulnerable group, and also recognizes their capability of mental suffering. The question why this recognition has not been translated into a global and universally accepted accordance of fundamental rights to certain groups of animals is relevant for animal rights protection, while at the same time it illustrates the divide between the idealistic and normative dimensions of law. It appears that humans have known for thousands of years that at least some animals are capable of mental suffering and constitute a vulnerable group. Changes in animal rights protection have led to some changes in legislation, but these are not fundamental and do not concern the strive toward universal recognition that animals have fundamental rights. This means that there must be some other, decisive factors that are needed to move forward from the stage of vulnerability recognition to the normative development stage.
当代理论话语将动物视为一个弱势群体,同时也承认动物承受精神痛苦的能力。为什么这种承认没有转化为全球和普遍接受的对某些动物群体的基本权利的规定,这个问题与动物权利保护有关,同时它也说明了法律的理想主义和规范层面之间的分歧。人类似乎在几千年前就知道,至少有一些动物能够承受精神痛苦,构成了一个脆弱的群体。动物权利保护的变化导致了立法上的一些变化,但这些变化不是根本的,也与争取普遍承认动物拥有基本权利的努力无关。这意味着必须有一些其他的决定性因素,才能从认识脆弱性阶段进入规范发展阶段。
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引用次数: 0
The right to sexual and reproductive health of LGBTIQ persons and the challenges of biomedical assisted reproduction LGBTIQ人群的性健康和生殖健康权利以及生物医学辅助生殖的挑战
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37651
J. Šimić
The mass application of modern medical biotechnology (BAF) and its expansion on a global level have brought numerous challenges at the individual and social level, and the very goal of reproductive technologies has exceeded the treatment of infertility. For LGBTIQ people, the use of BAF in the first place is a matter of reproductive justice that should provide everyone, without distinction, economic, social and political power and resources to make healthy decisions about their bodies, sexuality and reproduction for themselves, their families and their union. The reality, however, is that access to BAF is enjoyed by a small privileged group of people, and many medically infertile persons do not seek BAF because of the high cost of such treatment. As a result, the development of biomedical technology is increasingly becoming a subject of reconsideration and controversy, and less and less an achievement that supports life and health. In this paper, the author discusses when and why access to BAF became a matter of the LGBTIQ rights and whether access to BAF can really be equal for all, given its costs? Finally, the author refers to BAF in terms of domestic legislation and concludes the paper with a call for changes to the legal solution that prohibits the use of BAF for LGBTIQ individuals and couples in Serbia.
现代医学生物技术的大规模应用及其在全球范围内的扩展在个人和社会层面带来了许多挑战,生殖技术的目标已经超过了治疗不孕症。对于LGBTIQ人群来说,使用BAF首先是一个生殖正义的问题,它应该毫无区别地为每个人提供经济、社会和政治权力和资源,以便为他们自己、他们的家庭和他们的婚姻做出关于他们的身体、性和生殖的健康决定。然而,现实情况是,获得BAF的机会只有少数特权群体享有,许多医学上不育的人不寻求BAF,因为这种治疗费用高昂。因此,生物医学技术的发展越来越成为人们重新思考和争论的话题,越来越少成为支持生命和健康的成就。在本文中,作者讨论了何时以及为什么获得BAF成为LGBTIQ权利的问题,以及考虑到其成本,获得BAF是否真的可以对所有人平等?最后,作者在国内立法方面提到了BAF,并呼吁改变法律解决方案,禁止塞尔维亚LGBTIQ个人和夫妇使用BAF。
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引用次数: 1
Parliamentary representation of national minorities in Serbia and Hungary: Mechanism for effective participation of minorities, or tool for political manipulation? 塞尔维亚和匈牙利的少数民族议会代表权:少数民族有效参与的机制,还是政治操纵的工具?
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-40672
Tamás Korhecz
In multiethnic states, in which numerically large national, ethnic or linguistic minorities exist with a strong distinct identity, the principle of democracy requires that these groups have representatives in parliaments. However, in many multiethnic states the national-ethnic majority makes efforts to exclude or minimize the representation of minority national-ethnic groups in legislative bodies. Serbia and Hungary are nation states with relatively high percentage of citizens belonging to national-ethnic minorities, and with developed systems of the protection of minority rights. Both states enacted electoral laws facilitating the representation of national minorities in highest elected state bodies. This article describes, critically analyzes and compares the electoral rules and their practical implementation in both states, in order to answer the question whether these rules make it efficiently possible for national minorities to acquire proper representation in parliament. In order to answer this question, the results and experiences of the latest parliamentary elections - organized in 2022 in both states - will be elaborated as well.
在多民族国家中,数量庞大的民族、族裔或语言上的少数群体以强烈的独特身份存在,民主原则要求这些群体在议会中有代表。然而,在许多多民族国家,多数民族努力排除或尽量减少少数民族在立法机构中的代表性。塞尔维亚和匈牙利都是少数民族国家,属于少数民族的公民比例相对较高,保护少数民族权利的制度也比较发达。这两个州都颁布了选举法,促进少数民族在民选的最高国家机构中的代表性。本文描述,批判性地分析和比较选举规则及其在两个州的实际实施,以回答这些规则是否使少数民族在议会中获得适当代表权有效的问题。为了回答这个问题,本文还将详细阐述这两个邦在2022年举行的最近一次议会选举的结果和经验。
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引用次数: 1
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