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Зборник радова Правног факултета у Новом Саду (у даљем тексту Зборник радова) је научни часопис који објављује до сада необјављене научне и стручне радове из подручја права и других сродних друштвених наука и тиме доприноси промоцији и развоју науке, струке, научноистраживачког рада и високошколског образовања.
Pravni fakultet Univerziteta u Novom Sadu
CHAPTER 27 – ENVIRONMENTAL PROTECTION AND CLIMATE CHANGE IN THE PROCESS OF THE REPUBLIC OF SERBIA'S ACCESSION TO THE EUROPEAN UNION
Европска унија (ЕУ) представља сложени правно-политички систем који се развијао кроз различите фазе интеграције. У том контексту, acquis communautaire чини кохерентан скуп принципа, директива и регулатива које земље кандидаткиње морају усвојити и имплементирати током процеса приступања. Поглавље 27, које се односи на заштиту животне средине и климатске промене, једно је од најзахтевнијих у преговорима. Ово поглавље обухвата технички сложене аспекте који захтевају значајне дугорочне инвестиције у инфраструктуру и институционалне капацитете, а питања животне средине имају директан утицај на јавно здравље, економски развој и политику у руралним и урбаним подручјима. Република Србија, као земља кандидат, започела је формални процес приступања ЕУ 2014. године, након што је добила статус кандидата 2012. године. У претходним годинама, Србија је постигла значајан напредак у области законодавства и институционалног уређења. Испуњавање захтева Поглавља 27 подразумева не само транспозицију директива, већ и ефикасну примену, ревизију инвестиционих планова и мобилизацију финансијских средстава, укључујући средства ЕУ и међународних донатора. Циљ овог рада је да пружи систематску и критичку анализу стања у Србији у погледу испуњавања услова Поглавља 27. У раду се идентификују главни изазови, а предлажу се конкретне мере које могу убрзати процес имплементације и побољшати ефикасност у области заштите животне средине и климатских политика. Закључак указује на то да Поглавље 27 представља кључну пробну тачку у процесу приступања Србије Европској унији. Анализа је показала да је Република Србија остварила значајан напредак у правној хармонизацији, укључујући доношење основних закона и стратегија, уз развој националних планова и започете инфраструктурне пројекте. За реализацију захтева Поглавља 27 неопходан је интегрисан приступ који комбинује пројектно усмерено финансирање, правну и оперативну доследност, мониторинг и интеграцију климатских циљева. Ово подразумева усвајање временског плана са конкретним циљевима и одговорностима, где се у краткорочном периоду фокусира на припрему и финансирање 2 приоритетних регионалних пројеката, у средњем року на реализацију кључних инфраструктурних интервенција, а у дугом року на остваривање интегрисаног управљања ресурсима. Испуњавање Поглавља 27 не треба посматрати само као услов за чланство у ЕУ, већ и као прилику за трансформацију националног управљања животном средином. Влада Републике Србије и Министарство заштите животне средине остају чврсто посвећени процесу усклађивања са стандардима Европске уније у области животне средине и климатских промена. Ова посвећеност огледа се у континуираним напорима да се обезбеде потребна законска решења, институционални оквири и механизми координације који ће омогућити доследну имплементацију Поглавља 27, као и у активностима на привлачењу и управљању међународним средствима за финансирање приоритетних пројеката.
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MATERIAL POSITION OF JUDGES AND JUDICIAL INDEPENDENCE: AN EXAMPLE OF A DECISION OF THE CONSTITUTIONAL COURT OF SLOVENIA
Material position of the judges is one element of the personal independence of judges. Judicial salaries should be determined in a way they correspond to the dignity and responsibility of judicial profession, but at the same time to protect judges from pressure on decision-making which could jeopardize their independence and impartiality. The first part of the article considers material position of the judges and judicial independence. In the second part is shortly represented material position of judges in Serbian law. The third part of the paper is dedicated to the decision of the Constitutional Court of Slovenia U-I-772/21 of 01.06.2023. in which this court has dealt with this issue, considering it from the perspective of the judicial independence, but also from perspective of the separation of powers.
The exercise of parental responsibility and the protection of the child's right to privacy on the internet and social networks
Abstract: The protection of the child’s right to privacy in the modern digital environment assumes an entirely new dimension. The development of technologies that occurred at the beginning of the twenty-first century has expanded the boundaries of the physical world into a boundless cyberspace. The rapid growth in the use of the Internet and social networks has profoundly transformed the very concept of privacy. Photos, videos, and other personal information are publicly shared via social networks with a significantly wider circle of people than was once the case. This practice particularly affects children, who in the online environment, from the status of subjects, granted by the adoption of the UN Convention on the Rights of the Child in the late 1980s, are once again reduced to objects of parental actions in online sphere. The phenomenon of so-called sharenting – excessive publication of children’s photos on social networks by parents – is becoming increasingly prevalent. In such instances, parents often disregard their duty to act as legal representatives of the child in his/hers best interests, perceiving themselves instead as the “owners” of their child’s data. Therefore, the child’s right to privacy extends beyond the protection of physical and psychological integrity in the modern era to include control over their digital identity and information that is permanently stored in virtual space. Although direct access to the Internet is often legally prohibited for the youngest and most vulnerable groups of people, they are increasingly present in digital environments indirectly - through their parents. Decisions regarding the publication of child’s personal data generally rest exclusively with the parents, while the child’s opinion is often disregarded, either due to parental negligence or because of the child’s age. Sharing children’s personal data on social networks raises questions about the limits of parental responsibility and the obligation to act in the best interests of the child. Legal complications are particularly evident in situations where parents disagree on whether a child’s images should be shared online. In this regard, the Supreme Court of Cassation of Serbia, in its judgment Rev 14012/2022, held that the publication of a child’s photographs by one parent, against the will of the other, is contrary to the principle of the best interests of the child. Given that this issue is not explicitly regulated by the legislation of the Republic of Serbia, lower courts have taken different positions on the above-mentioned case. Nevertheless, the Supreme Court of Cassation emphasized that, where the parent exercising sole parental responsibility opposes such publication, the act of the non-custodial parent constitutes a question of representation of the child by his or her legal guardian. At the same time, in this way, in the conflict between the rights of the child and the interests of the parents, the child’s right to privacy was given priority. Taking into account the age and maturity of the child, in certain cases the child’s opinion will play a significant role in decisions concerning his/her privacy. The right of the child to be heard, as one of the guiding principles of the Convention on the Rights of the Child, serves as an essential mechanism in balancing parental responsibility with the protection of the child’s privacy. Upon reaching the so-called “digital majority”, the child is considered sufficiently mature to exercise meaningful influence over the development of his or her own digital identity.
CONTINUOUS TECHNOLOGICAL CHANGE AS A CHALLENGE FOR CONTEMPORARY LABOUR LAW
The technological transformation of work constitutes one of the central challenges of contemporary labour law. The digitalisation of work processes, the expansion of flexible forms of work engagement, and the increasingly widespread use of artificial intelligence systems and algorithmic management are bringing about profound changes in the way work is organised, supervised, and evaluated. These developments do not merely affect the structure of the labour market; they directly reshape the legal status of employees, calling into question traditional labour-law institutions and existing mechanisms of legal protection. This paper analyses the impact of technology-driven changes on the employment relationship, with particular emphasis on algorithmic management, automated decision-making, and digital forms of workplace monitoring. Special attention is devoted to identifying the risks these processes pose to the effective protection of fundamental labour and human rights, as well as to legal certainty within the employment relationship. Building on a normative and theoretical analysis of the applicable legislation of the Republic of Serbia, the paper examines the extent to which the existing legal framework is capable of responding to the challenges of technological transformation. In a comparative perspective, relevant European standards and contemporary regulatory trends are also considered, with the aim of identifying legal gaps and formulating de lege ferenda recommendations designed to strengthen employee protection and preserve a fair balance between technological progress and the core values of labour law.
Поклон за случај смрти је модификација уговора о поклону. Уговор о поклону није уређен Законом о облигационим односима јер је остао у надлежности република. Српски грађански законик га изједначава са легатом, а Преднацрт Грађанског законика поставља правило о опозивости без отклона. Међутим, по правној природи се мора правити разлика у настанску и дејству. Модификација за случај смрти је одложни услов јер подразумева да облигационоправни захтев поклонопримац може истицати према наследничкој заједници само уколико се предмет поклона налази у заоставштини. Престаје накнадном немогућношћу, раскидом и опозивом. Само оставилац може опозвати поклон. Постоји дилема да ли поклонопримац мора бити жив у моменту смрти оставиоца како би настао облигационоправни захтев, али у одсуству децидних правила би се требало окренути општем да уговор о поклону настаје његовим закључењем ако је у писменој форми, а дејствује уколико је предмет у заоставштини у моменту смрти оставиоца. Из тога се закључује да и наследници поклонопримца могу истицати захтев односно да је овај захтев наследив. Уколико се уговор закључује у реалној форми онда настаје тек предајом, те нити потенцијални поклонопримац нити самим тим његови наследници имају захтев.
NEW RULES ON CREDITWORTHINESS ASSESSMENT FOR FINANCIAL SERVICES USERS
This paper provides a detailed analysis of the rules introduced by the 2025 Law on the Protection of Financial Service Users, which regulate the assessment of the creditworthiness of financial service users. The first part of the paper is introductory in nature and contains an explanation of the concept of creditworthiness, considering its evolution from a subjective to an objective understanding. The second part presents the legislative approach to regulating creditworthiness assessment in Serbia from the adoption of the Law on Obligations to the present day. The third section examines the bank’s obligation to assess users’ creditworthiness, particularly focusing on changes to the scope of application of this obligation and how it is defined. The fourth section addresses the prohibition, introduced in the new law, that prevents banks from entering into credit services agreements with users who are not creditworthy. The fifth section analyses the legal position of a user whose creditworthiness assessment involved profiling. The final sixth part sets out the legal consequences of violating the new creditworthiness assessment rules from the perspectives of both banks and financial service users. Overall, the author concludes that the new law has improved the regulatory framework governing creditworthiness assessment, making this a significantly more important mechanism for consumer protection. However, numerous issues remain that require consistent interpretation and application.
PUNISHABLE ACTS (CRIMINAL ACTS, COMMERCIAL OFFENSES AND MISDEMEANORS) IN THE FIELD OF MINING AND GEOLOGICAL EXPLORATIONS
The field of mining and geological exploration is exceptionally complex. It is regulated by numerous regulations of varying legal force. In the Republic of Serbia, one principal law governs this field, along with more than twenty by-laws. The principal law in this area, the Law on Mining and Geological Explorations, prescribes criminal acts, commercial offenses, and misdemeanors. One by-law adopted in accordance with the aforementioned law prescribes commercial offenses and misdemeanors. The subject of this paper, as indicated by the title itself, are punishable acts prescribed in this particularly complex field. The aim of the paper is to examine these punishable acts and provide a critical analysis thereof. The authors also present certain proposals for the amendment of existing regulations.
Matter of Articles 859-864 of ABGB in Serbian Civil Code and in Positive Serbian Law With Respect to the Reception of Roman Law
The aim of the research in this phase is reflected, on the one hand, in the effort to determine possible nominal similarities and differences in the way in which the three acts regulate the issues contained in Articles 859-864 of ABGB, i.e. the legal basis of obligations, public promise of reward, conclusion of a contract, division of a contract and other related issues. The research should serve as a starting point for a detailed comparative analysis of each of the above issues in future works. On the other hand, the secondary aim is to make a comparison with the corresponding rules of Roman law, where possible, in the context of finding possible results of reception. The paper applies linguistic interpretation of the sources, after which they are analysed using the dogmatic method. After establishing the meaning of the norm, its logical nature and elements are discussed, as well as relations with other legal rules, using the normative method, and – in the context of different historical circumstances and legal systems in which they were enacted – historical law- and comparative law methods. The similarities and differences in the Austrian and the two Serbian acts are the result of both the level of development of the societies at the time the acts were adopted, their needs at the time, challenges in legal practice, but probably also the personal pedantry and systematicity of the authors.
Legal nature of intensifiers in some commercial contracts
In the article, author considers the legal nature of intensifiers in commercial contracts. The intensifier is the term created and tailored by the author with an intention to synthesize the clauses in contracts aimed to increase and intensify the primary contract obligation. The first step in research has been taken from the dichotomy of the surety and insurance as a potential explanation of intensifiers. But, unsatisfied with them, the author goes deeply further explaining the nature of intensifiers with the feature of aleatory, to finally conclude that mentioned intensifiers are, in fact, causal condition. This conclusion is derived from the fact that activation of the intensifier is descended from the realization of future uncertain circumstances which are also independent from the contractors.
UMBRELLA CLAUSE IN INVESTMENT DISPUTES: THE ISSUE OF PERSONAL SCOPE
The issue of interpretation given to umbrella clauses – provisions of bilateral or multilateral investment protection treaties by which states accept duty to observe any obligation entered into with respect to the investments of the investors of the other state party – represents one of the most controversial issues in practice of investment tribunals. Ever since the tribunal in SGS v. Philippines rendered its award accepting that a breach of an investment contract by a state can, under certain conditions, signify a breach of its international law obligation embodied in the umbrella clause, some investment tribunals and host states have been engaged in an effort to limit effects of the clause. The aim of this paper is to analyze the practice of investment tribunals with regard to the particular issue of the clause’s personal scope. According to the current state of arbitral practice, the most significant obstacle to the success of claimants whose claims are based on umbrella clauses concerns the understanding that investor-state contracts produce effects only for its contracting parties (the so-called privity requirement). In the absence of an umbrella clause with peculiar wording, an investor may base his claim on a contract concluded by his subsidiary or on a contract concluded with an entity outside of the host state’s formal structure only if this is provided for by the contract itself or by the national law applicable to the contract. Although this view is not universally accepted in arbitral practice it consistently distinguishes between the obligations of a state arising from the application of national law, on the one hand, and obligations that have their origin in international law, on the other. It is also consistent with the role that arbitral tribunals give to the national law of host states when applying other substantive standards of investment protection.
POTENTIALS AND CHALLENGES RELATED TO ILO RECOMMENDATION NO. 205 ON EMPLOYMENT AND DECENT WORK FOR PEACE AND RESILIENCE
International Labour Organization Recommendation No. 205 on Employment and Decent Work for Peace and Resilience, adopted in 2017, has gone almost unnoticed by our professional public. It is a document that should serve to address the root causes and consequences of instability and to build resilient communities and states in the context of work and working conditions, in the event of crises, wars and similar adverse events. This paper presents this document in more detail. It also elaborates in more detail the concepts on which the Recommendation is based - "fragility" and "resilience".
Among the unresolved issues not only in the positive legal regulation of administrative procedure but also within the broader scope of administrative law, both on a theoretical and practical level, a particularly significant place is occupied by the concept of administrative matter and its precise definition. Administrative matter represents one of the most frequently debated concepts in administrative law. Legal theorists offer various definitions and interpretations of this term, while its precise determination has also posed a challenge for legislators. Indeed, in comparative law, it is rare to encounter legal systems that provide an explicit definition of the administrative matter, and the domestic legislature introduced such a definition for the first time only in 2009, within the Law on Administrative Disputes. This paper analyzes the concept of administrative matter from the standpoint of legal theory, as well as comparative and domestic legislation. It then proceeds to present the author’s own views regarding the definition and elements of the administrative matter, both in the context of administrative procedure and administrative dispute. The aim of the paper is to highlight, through observations and conclusions drawn from various theoretical and legislative perspectives, the diversity of interpretations surrounding this concept. Furthermore, it seeks to propose a uniform definition of administrative matter from the perspective of administrative procedure and administrative dispute, and to point out the distinction between administrative matter and administrative-judicial matter, a category that should be regulated separately within the framework of administrative procedural law.
Blood Feuds in Serbia, Montenegro, and Albania Over the Past Two Centuries
In the Western Balkans, customary law and blood feuds gone hand in hand. The cultute of honour shaped both the practice of blood vengeance and the institution of „umir“ (peace settlement) which was always its opposite. The patriarchal evironment and tribal divisions preserved this phenomenon the longest in Montenegro, Kosovo, and northern Albania. The last two centuries have been marked by intensified efforts to supress it. In Montenegro, the first attemts were made by Vladikas, followed by Prince Danilo, later by the legislation of the Kingdom of Yugoslavia, then by socialist law, and finnally by the new government after the declaration of independence – all aiming to eradicate it. in Kosovo, resistance to any form of authority drove Albanian population to adhere to the Kanun of Lekë Dukagjini. The Ottoman Empire, then Yugoslavia after the Balkan wars and World War I, as well as the socialist regime and subsequent rule under Serbia after the breakup of the SFRY, were largely received with hostility – which deepened the attachement to customary law and intesified animosity toward the non-Albanian population. Yet even the self-proclaimed independence did not eliminate the blood feud- quite a contrary. The tribal life of norhern Albania likewise prevented any governement from replacing custom with positive law, whic today has devastating effects on younger generations. However, over the past hundred years, blood feuds themselves have undergone numerous changes that have distanced them from the original ideals of heroism and honour that supposedly characterized them. In truth, the arbitrary taking of a human life and the trampling of state sovereignty through vigilantism can never be considered an act of heroism or ethics.
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THE NEW PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN RELATION TO THE ISSUE OF THE "RIGHT TO EXTENDED CRITICISM"
Abstract: This article places a particular emphasis on the collision between the right to personal dignity and the right to freedom of expression, particularly in cases where the subjects of criticism are holders of public authority. The European Court of Human Rights has established precedents for the so-called "right to extended criticism," particularly in favour of the public, as most commonly represented through the media. In landmark cases on this matter, a clear distinction has been made between the right to express value judgements regarding a public figure, and the assertion of verifiable facts.In adjudicating the 2021 decision analysed in this paper, the judicial panel took a step back by shifting the right to severe criticism, which typically exceeds the usual boundaries, from the media's domain to the realm of public office holders. Furthermore, the judicial panel materially altered the prior case law by misconstruing the right to make value judgements as the right to disseminate untrue factual claims.
Critical Infrastructure Protection in the Republic of Serbia – Current Status and Opportunities for further Development and Improvement
Critical infrastructure is considered the basis of the functioning of the state and society, and is one of the key factors of security and economic development, as well as the health and social well-being of citizens. Its protection is gaining particular importance in the era of globalization and with increasing exposure to various risks – from natural disasters to terrorist and cyber attacks. The Republic of Serbia, in accordance with modern security trends and the process of rapprochement with the European Union, has taken a number of specific normative and institutional steps to regulate and improve the critical infrastructure protection system. One of these steps is the adoption of the first systemic law regulating this area in 2018 – the Law on Critical Infrastructure. The aim of this paper is to present the current model of critical infrastructure protection through an analysis of the strategic and legal framework of the Republic of Serbia. Special emphasis is placed on the analysis of the Law on Critical Infrastructure, its implementation in the seven-year period since its adoption, as well as the identification of advantages, shortcomings and challenges in its implementation. The paper points to the importance of cooperation between the public and private sectors, as well as the need to strengthen institutional capacities, coordination and resilience of the critical infrastructure system. Based on the analysis conducted, the authors propose possible directions for further development and improvement of both the regulatory and practical framework for the protection of critical infrastructure in the Republic of Serbia.
MAIN CHALLENGES OF LONG-TERM CARE SYSTEM IN EUROPEAN COUNTRIES
This paper analyzes the main challenges faced by long-term care (LTC) systems in contemporary European countries. The research focuses on identifying and critically examining the legal, institutional, and financial constraints that affect the accessibility, quality, and sustainability of care services. The aim of the study is to determine the key systemic shortcomings and propose directions for their resolution through a comparative analysis of relevant policies, organizational models, and existing literature. Special attention is devoted to issues such as the normative status of LTC as a social right, the position of informal caregivers (with an emphasis on gender dimensions), the working conditions of formal care workers, fragmentation of responsibilities, and the structure and redistributive effects of financing models. The findings reveal that despite certain normative progress within the EU framework, most countries still pursue care policies characterized by selectivity, insufficient institutional support, territorial disparities, and excessive reliance on unpaid family care. Moreover, financial unsustainability and a lack of professionalized care workforce are identified as serious threats to the future of these systems. The conclusion highlights the need for a comprehensive reform encompassing the universalization of the right to care, integration of social and health services, professionalization and improved working conditions of caregivers, as well as the development of a fairly structured and fiscally sustainable financing model. The challenges identified in this study indicate that the transformation of long-term care systems is not only a social and economic imperative but also a normative and civilizational one.
EFFICIENCY-BASED RATIONALES FOR NOTICE OF DEFAULT AND ANTICIPATED MATURITY IN ROMANIAN CIVIL LAW
This study examines the efficiency-based rationales underlying notice of default and anticipated maturity in Romanian civil law, with particular focus on Articles 1417, 1418, 1522, and 1523 of the Civil Code. The analysis highlights the dual function of the debtor’s default: preserving contractual equilibrium through a rebuttable presumption of tolerance, while safeguarding creditor interests by enabling access to remedies. Notice of default operates as an economically efficient mechanism, balancing favor contractus with the creditor’s right to damages, while default by operation of law accelerates access to remedies through absolute presumptions that exclude tolerance of delay. A central inquiry concerns the interplay between forfeiture of the benefit of term and the debtor’s default: whether anticipated maturity may be triggered by default situations, and conversely, whether forfeiture may automatically imply default.
IUDEX NOVUS - ON THE METAMORPHOSIS OF THE SERBIAN JUDICIARY THROUGH ALLEGORY OF THE OFFICIAL ROBES
The judicial robe is much more than an adornment and article of clothing; it is a powerful symbol of the values and principles inherent in the judicial function. Its significance transcends the practical and ceremonial, serving as a visual and cultural marker of the judiciary's independence, impartiality, integrity and dignity. By wearing the robe, judges set aside personal bias and affiliations reinforcing the principle that justice is blind to individual differences, and that the law applies equally to all, regardless of race, gender or social status. It serves as a reminder to both judges and the public of the separation of powers and the profound significance of the judicial process and the decisions being rendered. By creating a visual distinction between the individual and the institution they represent, it reinforces the idea that the judge's authority derives from rule of law and other fundamental legal and ethical principles. Finally, the robe is a symbol of public trust. For the community, it inspires confidence in the fairness and objectivity of the judicial process, thereby reinforcing the legitimacy of the courts as institutions of justice. Advocating the introduction of official robes in the Serbian judiciary as part of the comprehensive judicial reform is driven by more than just the need for a neat and uniform wardrobe. Rather, it is a powerful allegory with a much deeper content about the judicial metamorphosis, signifying true transformation through the adoption of core values and principles that underlie the judicial system in democratic society. Judicial robes are not a value in themselves if we do not understand them as one of the elements in the construction of a new social pattern about the judiciary system and the holders of judicial functions. According to the author, in the Serbian judiciary, it is essential to promote an independent and impartial administration of justice, personified by the iudex novus - the new holder of the judicial function - who is accepted by social consensus as the guardian of the public interest, the dignity and the integrity of the judiciary.
REGULAR EXPUNGEMENT OF LEGALLY CONVICTED PERSONS – Genesis of the institute in Serbian criminal law
In Serbian law, the term expungement is used in, at least three meanings and represents at least three institutes that are, or at least should be, dominant criminal nature. Namely, apart from expungement in criminal material law, which refers to justly convicted persons and which we denote by the term regular expungement, our legal system and legal theory also know expungement in the field of criminal procedural law which refers to the unjustly convicted persons and persons unjustifiably deprived of liberty. Finally, the third, so called special expungement of persons convicted for political or ideological reasons entered into the life of Serbian legal system more than fifteen years ago. Apart from the distinction among the mentioned institutes that bear the same name, this research aims to continue, extend and deepen the authors’ previous research and is primarily devoted to the now significantly in-depth and detailed analysis of the historical development of the institute of regular expungement of legally convicted persons in Serbian criminal law.
In a modern society that pretends to be "democratic", political oratory plays an essential role. Politicians generally use their speeches to inform citizens about topics that are important to their daily lives or to motivate them to take certain actions. In order to be successful in this, they must master the general rules of rhetoric and the special skills that relate exclusively to this type of oratory. This paper analyzes the speeches of James David Vance and Ursula von der Leyen, which were delivered at the Munich Security Conference in 2024 and 2025, in order to determine similarities and differences in certain styles of oratory. Having in mind that the importance of oratory in the USA is generally greater than in Europe, as well as the tradition that orators on the other side of the Atlantic are educated not only in accordance with the classical rules of rhetoric but also according to the norms of public speaking, the initial assumption about different styles turned out to be quite correct in the final analysis.
DIGITALIZATION OF CROSS-BORDER COOPERATION IN CRIMINAL MATTERS AT THE LEVEL OF THE EUROPEAN UNION
It is assumed that the use of information technologies in the judicial system could contribute not only to the increase in the efficiency of the work of the competent authorities and the rationalization of criminal proceedings and individual procedural actions, but that it could also have such an impact on the procedures of cross-border judicial cooperation between the competent authorities of different countries. At the level of the European Union, in the last fifteen years, there has been a strategic commitment towards the creation of European electronic justice, and the concept of cooperative digital justice has been developing recently. The concept also received a legal basis in 2023 with the adoption of Regulation on the digitization of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters. This paper presents the origin and development of the ideas that led to the Regulation and analyzes the legal framework, with an emphasis on cooperation in criminal matters. Also, the paper pays attention to a special form of cross-border cooperation in criminal matters, which is participation in court proceedings via video-conference link or other technologies for remote communication, when individual participants in the proceedings are located on the territory of different member states, an increasingly certain modification of criminal proceedings in the environment of the growing use of information technologies.
Power and the Conquest of Moral-Legal Values
Abstract: The power of values ​​and law can go together, the only question remains where this common path will take them. It seems that in society, power is best distributed as a desire, because most everyone wants it. When that power as an experience is connected to the highest instances of power, the matter takes on very serious dimensions. Then power also has formal-legal force expressed in legal regulations with imperative force, especially in the domain of criminal law. Power in its unlimited form stands in opposition to freedom, that is, my freedom is the limit to your power. Then a conflict arises, because no one wants to limit their power. But limitation is necessary because otherwise this leads to pure voluntarism. Any order that pleads for the durability of its foundation must be based on permanent foundations, which are power and sanctions. These foundations must be found in the world of values, which will then be lowered into reality, which in this case can be designated as a social community and the state. Thus, it is possible for values, instead of power, to become an integral part of legal regulations.
LABOR LAW PROTECTION OF WORKERS WHO CARE FOR ELDERLY FAMILY MEMBERS
The paper analyzes the legal position of workers who care for older family members, with a special focus on the possibilities and limitations of their labour law protection. Starting from the process of demographic ageing and the growing need for other people's care and assistance, it points out the increasingly present multiple obligations of workers - in professional and family life - as well as the consequences that the absence of systemic support produces on the personal, social and economic level. Comparative legal analysis shows that there is no universal solution, but some countries offer innovative models of support, which include special forms of leave, flexible working arrangements and financial compensation. The author points to the need to introduce similar measures into the domestic legal system, as well as the necessity of recognizing informal caregivers as a special category in law. The protection of caregivers reflects not only concern for the individual, but also a vision of a socially responsible and functional legal order.
Secondary Tax Liability / In Dubio Contra Reum
Secondary tax liability in domestic law is structured as an instrument aimed at suppressing (un)lawful tax evasion by extending fiscal responsibility to persons who are not primary taxpayers. The application of this institute indicates a tendency toward functional convergence of tax law solutions with repressive models characteristic of criminal law. This is particularly evident in the introduction of a subjective element—culpability—as a condition for establishing secondary liability, which represents a key distinction from classical instruments of tax collection enforcement. Such a legislative construct necessarily raises the question of the legal nature of the norm itself: whether it constitutes an administrative law mechanism with a repressive effect, or a criminal law measure disguised in a tax law form. The hypothesis in this article is based on the identified conflict between secondary liability as a tax policy instrument for combating harmful behavior, on the one hand, and consistent application of the principle of legal certainty, on the other. The findings of the research indicate a need for more precise regulation of this institute in order to provide greater legal certainty for taxpayers. The legislative framework should clearly define the legal character and boundaries of secondary tax liability, and address the standards for evaluating culpability, the prioritization of claims, and the conditions under which recourse may be exercised. Reform of this anti-abuse measure requires an analytical approach by the legislator in order to align tax objectives with constitutional law standards.
RELATIONSHIP BETWEEN THE EUROPEAN COURT OF HUMAN RIGHTS AND THE COURT OF JUSTICE OF THE EU IN THE FIELD OF HUMAN RIGHTS PROTECTION
This paper deals with the issue of the relationship between two European courts – the European Court of Human Rights and the Court of Justice of the EU in cases of human rights protection. They represent two important international - European, instances for the protection of human rights, whose jurisdiction in relation to a large number of human rights overlaps. It is therefore important to analyse to what extent one respects the jurisprudence and positions of the other. Although neither of these two courts is based on the principles of case law, their jurisprudence is of great importance for the correct implementation of the legal sources that protect human rights in the Council of Europe and the European Union. Until the EU accedes to the European Convention on Human Rights, this will be the relationship between two completely separate courts, established in separate legal systems, but with strong interaction between them.
Erratum: Geopolitical position of the PR of China: State and perspectives (vol. 59, br.1, str. 205-225)
In the paper “Geopolitical Position of the PR China – State and Perspectives”, published in the Collected Papers, Faculty of Law in Novi Sad, No. 1/2025, pp. 205–225 (https://doi.org/10.5937/zrpfns59-56831), a technical error occurred in the order of authors’ names. The incorrect order appears: • on the title page in both Serbian (p. 205) and English (p. 225), • in the headers on even-numbered pages (pp. 206, 208, 210, 212, 214, 216, 218, 220, 222, 224), • and in the table of contents (p. V). The correct order of authors is: Ljubomir Stajić, Vladan Mirković, Nenad Radivojević. The Editorial Board apologizes to the authors and readers for the error.
Foreseeability and Limitation of contractual damages in Roman law
This Article studies the limitation of liability for contractual damages in Roman law to examine whether foreseeability in contractual damages was formed in Roman law and its influence on the development of limitation of liability for contractual damages in modern law. It concludes that the limitation of contractual damages, without general rule, was discussed by some Roman jurists in given contexts and there was a vague implication of foreseeable damages to limit the compensation of damages. The Roman law laid the foundation for the fair limitation of contractual damages which became the inspiration to develop foreseeability and limitation of liability in the law of contract in modern times.
Ombudsman/woman/person or else- a gender sensitive dispute
In an era of the greatest opportunities and the widest range of human rights and freedoms, their implementation is becoming increasingly questionable. It is forgotten that the existence and implementation of one person's rights is limited by the existence and implementation of the same or another right of another person. This does not mean that rights are in any way divided or diminished, but that the holders of rights must be aware that they are members of a community, within which everyone is equal in rights and obligations. One of the mechanisms for establishing full equality between men and women is the use of gender-sensitive terminology, which is primarily reflected in the use of nouns that are designated - in the feminine gender, which prevents discrimination and gives the impression and invitation to women to enter professions that have traditionally belonged exclusively to men. The paper discusses one such debate, which directly concerns people who work in area of the protection of human rights, and how human rights defenders themselves, as well as other lawyers and linguists, view this subtle, yet significant linguistic change in the designation of this important profession. Also, in this paper we raise some methodological questions, and we point out some paradoxes that arise when strictly applying this (or any other) right and obligation (meaning here, while using gender-sensitive terminology).
Personal Data as Subject of Contracts for the Supply of Digital Content and Digital Services – Selected Aspects
This paper focuses on contracts for the supply of digital content and digital services in which one party undertakes to provide digital content or a digital service, while the other party, instead of paying a monetary sum, agrees to provide personal data. In recent decades, with the development of new technologies, the internet, and social networks, awareness of the value of personal data has significantly increased. This value is not only tied to the importance of personal data for the individual’s identity and privacy protection but also to its immense economic potential in the modern world, often referred to in the literature as “a key currency of the new millennium.” The recognition of the value and profitability that entities gain from processing consumer data has contributed to a paradigm shift. Previously, online services that collected user data—such as social media account creation—were perceived as free. Consequently, the EU Proposal for a Directive on certain aspects of contracts for the supply of digital content and digital services introduced the concept of personal data as “counter-performance” provided by consumers in exchange for digital content or services. Although the term “counter-performance” was ultimately omitted from the final text of the Directive, it is undeniable that the provision of personal data constitutes the subject matter of these contracts. However, the unique nature of this contractual subject raises various legal questions, such as the feasibility of valuing personal data, the legal capacity required to conclude such contracts, the rights consumers acquire in the event of contract termination, and the impact of personal data protection rules on the permissibility and validity of these agreements. Additionally, there are concerns about the legal consequences of terminating a contract when personal data has already been provided. This paper will explore some of these issues, particularly focusing on personal data as consideration and the legal capacity required to conclude contracts of this nature.
The Right of Habitation over Property Co-owned by a Non-custodial Parent and a Third Party (Family Act, Article 194) – Part One –
This paper examines whether, in light of the wording of Article 194 of the Family Act (FA) and Articles 14–16 of the Law on the Fundamentals of Property Relations (LFPR), a court may establish a right of habitation over immovable property co-owned by a parent and a third party. While domestic case law tends to accept such a possibility, arguing that it is "not excluded by the Family Act," the authors contend that this approach, on the one hand, reads into the FA something it does not provide—namely, that the (co-)ownership of a person who is not the parent may be burdened by a right of habitation—and, on the other hand, disregards the rights attached to co-ownership under the LFPR. As a result, the co-owner who is not the parent is effectively deprived—until the child reaches majority—of all entitlements that the LFPR associates with a co-owner´s status. In particular, the non-parent co-owner is thus stripped of his/her entitlements to possess, use (including the right to collect civil fruits), dispose of, and participate in the management of the co-owned property, as well as, the ability to request partition of the co-ownership at any time, except during inconvenient circumstances. In doing so, the domestic judicature, guided by considerations of fairness and the "best interests of the child", effectively abrogates part of the applicable legislature. The paper first outlines the general regime of the personal servitude of habitation. It then analyses the legal structure of the habitatio in light of Article 194 FA and its relation to the right to the protection of a home under the case law of the European Court of Human Rights, with which it is often erroneously conflated. The paper further discusses the general rules on co-ownership under the LFPR, placing particular emphasis on how a right of habitation may be established over co-owned property. The analysis of domestic case law, solutions that would remain within the boundaries of the FA and the LFPR, as well as the conclusion on whether legislative intervention is necessary and desirable, will be presented in the second part of the paper.