European Union integration of Western Balkan countries in conditioned on the fulfilment on the set of criteria aimed at profound societal change. However, there is a number of additional criteria within the EU enlargement policy for the Western Balkans and Serbia in particular. We have already designated this process as "culturalization" of accession criteria. It comprises of alterations of criteria from initial, identity-neutral and technical issues to coming to terms with the legacy of identity conflicts in the Balkan region. These conditions pose a significant challenge to political institutions in a not yet consolidated democracy. In this article we analyze how, as a result of additional conditioning, the EU accession, instead of enjoying social consensus, has reopened identity issues, divided the society and boosted discourses on "sovereignty", "double standards of international community" and "injustice" perpetrated to Serbia at the time of disintegration of Yugoslavia. Serbia is in a paradoxical situation we refer to as democratic deadlock-it is in need of consolidated democracy in order to achieve political stability and stable government capable to implement EU reforms, while the instability itself is a result of additional criteria for EU accession (and reactions to it). It is a theoretically intriguing case of additional criteria preventing fulfilment of the basic accession requirements. It is further analyzed how this observed tendency can be redirected through slight alteration of beneficiaries of EU incentives aimed at facilitating cultural change. In order to viably change the political community, external assistance process needs to be as inclusive as possible. It is argued that external assistance should not only cover main political, economic and legal actors, but also include cultural actors, especially culturally legitimate elites.
Serbian society has undergone significant changes over the last ten years. The transformation of the legal system has taken place mostly through the process of European integrations and harmonization of legislation with the EU legal order. The primary focus of the paper is on the study of (anticiapted) cultural change which is brought about by changes in economic law. By studying changing attitudes to business operation, the paper seeks to answer the questions of whether we can learn something about cultural change by analyzing economic law and whether we are witnessing the transformation of Serbian citizens into "European citizens", consumers, businessmen, farmers, bureaucrats or politicians. Some of these changes are already in evidence, and it can be said that considerable progress has already been made. Nevertheless, in most areas reforms have yet to be enacted, and therefore this transformation along with its outcome and results can only be anticipated. Following an overview of the Stabilization and Association Process, the signing of the Stabilization and Association Agreement (SAA), and the process of harmonization of legislation and monitored reforms, the paper goes on to analyze whether and to what extent the following have taken place: 1) the opening up of the Serbian economy to foreign competition (primarily European), 2) the implementation of reforms and the introduction of competition rights and government subsidy control, 3) changes in rural Serbia as part of the process of preparation for accession to the EU. It can be concluded that European integrations and the adoption of a series of different standards represent an instrumental framework for significant cultural change in Serbian society. The change will be fundamental and will take long to bring about. For this reason it can only be partially anticipated what its effects will be and whether and to what extent changes will be accopmlished in each of the areas mentioned.
САЖЕТАКПриступање Европској унији (ЕУ) представља свеобухватан процес реформе и хармонизовања законодавства са прописима ЕУ који нужно мора бити праћен и имплементацијом стандарда ЕУ. Иако су надлежности Европске уније у области здравствене заштите ограничене, а здравствено право не представља значајан део европског законодавства, у бројним областима је неопходно извршити усаглашавање и спровести даље реформе. Главни фокус овог рада представља преговарачко Поглавље 28 у оквиру процеса приступања ЕУ, које у домену јавног здравља обухвата више тематских области, у којима постоје законодавни и стратешки акти ЕУ. Имајући у виду да Србија још увек није отворила преговоре о приступању у оквиру овог поглавља и у циљу ближег упознавања здравствених радника у Србији са овом тематиком, у раду се анализирају најважнији аспекти усклађивања са правом ЕУ и потребе за даљим реформама домаћих прописа. Кључне речи: Европска унија; хармонизација законодавства; јавно здравље; процес приступања РЕГУЛАТОРНИ СТАНДАРДИ У МЕДИЦИНИ/REGULATORY STANDARDS IN MEDICINE
The chapter provides an analysis and overview of major factors that played a role in the development of administrative procedure in Yugoslavia between 1920 and 1970. It particular, the influence of the 1925 Austrian Administrative Procedure Act (AVG) on drafting and adopting the 1930 Law on General Administrative Procedure of the Kingdom of Yugoslavia is examined. General administrative procedure played a significant role in unifying the complex Yugoslav social, political, and religious system, with its manifold legal traditions which existed at the time when the new Kingdom was established in 1918. The results of the research indicate that the Austrian AVG had substantial influence over the Yugoslav law on administrative procedure as, inter alia, authors of the Yugoslav law used the AVG as a model for the structure of the law, as well as a guide for codifying particular procedural issues. The specific feature of the influence of the 1925 AVG is that the blueprint of the 1930 Yugoslav law was taken over when the Kingdom of Yugoslavia was succeeded by the Socialist (Communist) Federal Republic in 1945. A ‘new’ law on general administrative procedure was adopted in 1956, basically preserving all procedural institutes of the 1930 Yugoslav law and the 1925 Austrian AVG. The chapter concludes that even after the dissolution of Yugoslavia in the 1990s, the newly formed post-Yugoslav States counted some ten ‘different but matching’ general administrative procedure laws produced by the AVG model and subsequent Yugoslav replicas from the 1920–70 period.
Amending construction permits is important for regulation of construction. Serbia had an inflexible system that did not allow it, due to lack of transferability of the underlying rights and state monopoly over construction land. Enabling ownership of construction land made it necessary to allow the transfer of construction permits. This was done while maintaining the system of issuing construction permits to developers and focusing on digitalization. This made the rights from administrative decisions transferable, which should not be the case. The root of confusion is a lack of distinction between public and private law aspects of construction. Comparatively, coupling construction permit with a developer is traditional in the former Yugoslav countries. In countries that did not have a socialist period, public and private law aspects of construction are distinguished and construction permit is coupled with the land. This solution is an indication for future development of construction law in Serbia.
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