Vesna Ćorić

Institute of Comparative Law · Law

We are honored and pleased to present to the scientific public the fourth edition of the Yearbook of the Serbian Association of International Law (SILA), the national branch of the International Law Association (ILA). The Yearbook of SILA is a thematic proceeding of scientific works of international importance that is published annually. Publicatio...

We are witnessing an enormous development of artificial intelligence (AI) which boosts economic productivity, creates new job opportunities, and gives hope that human life will be more prosperous. On the other side, AI, as a new system, that is undiscovered and unpredictable, creates ethical and legal dilemmas and threats to human rights violations...

This paper aims to explore to what extent “property”, as an ECtHR autonomous concept, includes the collective dimensions of property rights, as well as to systematize different collective dimensions of the right to property as addressed in the ECtHR case law. The underlying hypothesis of the paper, which was confirmed by research, is that the ECtHR...

The objective of the paper is to examine the available mechanisms of the EU institutions to ensure a free and fair national and local election process in the EU Member States in the EU acceding countries. Over the past few decades, the EU institutions designed several mechanisms to protect the principle of the rule of law, that, however, have not b...

Judicial independence is strongly correlated to judicial integrity, understood as the ability of the judicial system or an individual judge to resist corruption, while nurturing the values of independence, impartiality, equality, competence, and diligence. It is upon the judiciary itself to formulate a code of professional conduct, assist judges in...

The rule of law is the cornerstone of democracy and the European Union accession process. Independent judiciary is an important facet of the rule of law, while judicial competence and judicial self-governance are among its elements. One of the dimensions of judicial self-governance is its educational function. By using dogmatic, exegetic and empiri...

U radu se analiziraju izmene Zakona o zaštiti prava na suđenje u razumnom roku iz 2023. godine u delu u kojem se odnose na proširenje nadležnosti Ustavnog suda. Rad nastoji da odgovori na pitanja u kojoj meri izvršene izmene omogućavaju efikasnu primarnu zaštitu prava na suđenje u razumnom roku pred Ustavnim sudom, kao i da li se njima mogu ostvari...

Currently, the field of business and human rights is at a crossroads in terms of normative development, as two major legislative instruments are being negotiated at the regional and international levels. The first instrument is a proposal for a directive aimed at ensuring business responsibility for the respect of human rights and the environment w...

EU enlargement process towards the Western Balkan countries has been in place since the 2003 Thessaloniki summit. However, the expected democratic transformation and fostering of the rule of law values have not become a reality, while rule of law conditionality has been criticized as ineffective in achieving its goals. In parallel, the EU has been...

The European Union (EU) has carved out a specific approach to the issues of religion and belief in its legislative framework and policies, which is largely aligned with the standards built through the interpretation of the European Convention on Human Rights. Litigation on the issue of freedom of religion and belief is on the rise before the Court...

Achievements in the rule of law are the very backbone of the EU accession process. Over the past decade, the rule of law has come into the focus of EU internal policies. Rule of law in the EU is no longer an abstract duty but has gained considerable substance. This claim can be supported by the noted multiplication of various mechanisms and instrum...

The number of persons forcibly displaced from their homes, the long duration of their plight and the manifold negative consequences of internal displacement have intensified the UN efforts to come to grips with, what is now called, "the global internal displacement crisis". At the heart of the new UN strategies is a quest for solutions to internal...

Since the start of the COVID-19 pandemic, ten Member States of the Council of Europe have officially derogated from their obligations under the European Convention on Human Rights (ECHR), some of them extending the derogations multiple times. Such widespread recourse to derogations opened the debate on a number of issues, including the question of...

The European Court of Human Rights is currently facing a challenge in dealing with numerous applications linked to the COVID-19 pandemic and the related restrictions aiming to protect human life and health, which, at the same time, limit some of the most important human rights and fundamental freedoms. Legal scholars have voiced different views as...

The number of persons forcibly displaced from their homes, the long duration of their plight, and the manifold negative consequences of internal displacement have intensified the United Nations efforts to come to grips with, what is now called, “the global internal displacement crisis”. At the heart of the new United Nations strategies is a quest f...

ELECTRONIC INVOICING IN THE EUROPEAN UNION The European Parliament and Council Directive 2014/55/EU on electronic invoicing in public procurement procedures represents a significant advancement in electronic invoicing. Prior to its adoption, there were acts of the European countries that partially regulated the issues of electronic invoicing. Howe...

THIRTIETH ANNIVERSARY OF THE URBAN WASTE WATER TREATMENT DIRECTIVE 91/271/EEC: RECONSIDERATION OF THE NEED FOR ITS AMENDMENTS Abstract Urban Waste Water Treatment Directive 91/271/EEC sets out rules for collection, treatment and wastewater discharge, and also covers wastewater generated by industries like food processing and beer industry. The...

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region was passed in June 2020 provoking the global outcry. The aim of this paper is to assess the compliance of the said law with the sources of international law, which are most relevant for the assessment of the problematic points...

The accession of the European Union to the European Convention on Human Rights is currently being renegotiated, but this remains a rocky and time-consuming process. Mostly relying on doctrinal method, the authors examine various methods advocated in legal theory as a means to ensure a coherent protection of human rights in Europe in the absence of...

U radu je sadržana kvalitativna i kvantitativna analiza važnih pokazatelja koji se odnose na usklađenost propisa Srbije sa pravnim tekovinama Evropske unije. Rad analizira opšti regulatorni okvir u postupku usvajanja propisa i regulatorni okvir koji se odnosi na proces pridruživanja. Polazna teza je da pridruživanje doprinosi fragmentaciji i može d...

The European Commission in the course of recent years published a set of relevant documents related to the strengthening of the rule of law within the EU. These targeted initiatives are focused on EU Member States, while they almost completely fail to address the negotiations within the accession process of the aspiring Member States. Bearing this...

Sistem izbora sudija u Švajcarskoj predstavlja značajan izuzetak od, na evropskom nivou, opšte prihvaćenih standarda u pogledu uslova i postupka izbora sudija, njihovim karijernim napredovanjem, kao i stalnošću sudijske funkcije. I pored toga, Švajcarska se smatra državom u kojoj postoje jasne garantije nezavisnosti sudstva, kao i visok stepen pove...

The case law of the European Court of Human Rights (ECtHR) pertaining to human rights protection of legal persons, including corporate entities, is well developed and extensively analyzed in legal literature. The international law of human rights is in the process of transformation from imposition of obligations only on States, to gradually taking...

U ovoj knjizi izloženi su rezultati istraživanja autora u oblasti režima naknade štete pred nadnacionalnim sudovima, tačnije pred Evropskim sudom za ljudska prava i Sudom pravde Evropske unije. Za razliku od rešenja predviđenih nacionalnim zakonodavstvima, na nadnacionalnom planu nedostaje jasan i transparentan sistem pravnih pravila, kao i dovoljn...

In the course of last two decades some European countries have created independent police complaints bodies with investigative powers, which were originally established in Canada and Australia. The creation of these bodies is in line with the independent investigation standards which have been determined by the European Court of Human Rights in its...

Free flow of information and ideas lies at the heart of the very notion of democracy and is crucial to effective respect for human rights. Freedom of expression and the right to information are exercised, inter alia, through pluralist media – newspapers, audio and visual broadcasting systems, but also through electronic media. An ideal broadcasting...

The Court of Justice of the European Union delivered its Opinion 2/13 on the compatibility of the Draft Agreement on the Accession of the European Union to the European Convention on Human Rights with European Union law in December 2014. The Opinion received significant criticism from academics and other professionals for many reasons, amounting to...

Despite its great theoretical and practical importance, peacebuilding has remained an undertheorized topic. The peacebuilding literature, confined to the single case studies and problem-oriented texts, has failed to develop theoretical frameworks that could enable systematic inquiry and critical examination of the contemporary peacebuilding. The au...

THE ACCOUNTABILITY FOR THE VIOLATIONS OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS COMIMITED IN THE CONTEXT OF THE EUROPEAN UNION MISSIONS Тhe issue of the jurisdiction of the European Court on Human Rights over actions and omissions adopted under the Common Foreign and Security Policy was much debated in the process of drafting the instrument...

THE CO-RESPONDENT BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS- ITS CAPABILITIES AND LIMITATIONS In April 2013, the representatives of the Council of Europe and the European Union finalized the draft Accession Agreement that would allow the EU to accede to Convention. Taking the draft Accession Agreement as a starting point, this paper examines th...

Питање степена усаглашености између судског система Европске уније и судског система установљеног Европском конвенцијом о људским правима, као и питање избора најприкладнијег метода за изградњу ефикасног, усклађеног и целовитог система заштите људских права у Европи, поделила су у великој мери европску научну мисао и стручну јавност. Овом дисертаци...

This paper provides a critical analysis of the concurrent liability of the European Union and a Member State, placing a particular emphasis on its notion, classification as well as on the legal effects of the given categorization within the EU legal framework. The paper further argues that in order to comply with requirements set out in article...

COMPARATIVE ANALYSIS OF TAX BENEFITS FOR CULTURAL SECTOR This article identifies, describes, analyzes and compere the main tax provisions in favor of culture in the following countries: United Kingdom, Spain, Italy, Bulgaria, Slovenia, France and Ukraine. Besides the usual tax benefits and incentives, the paper identifies some innovative hybri...

Mere afirmativne akcije jedan su od najsloženijih koncepata savremenog prava i još uvek ne postoji teorijska saglasnost oko toga šta sve ulazi u sadržinsko polje ovog pojma. Nastojanja da se dođe do opšte definicije mera afirmativne akcije dodatno otežava terminološka neujednačenost. Iako su u Srbiji afirmativne mere omogućene već samim Ustavo...

This Article examines the applicable international and regional legal instruments aimed to the strengthening of the current regime to prevent the illicit recovery, movement and trade in cultural property. It illustrates the differences between the various regimes, as well as the history and development of the international legal framework directed...

Mere afirmativne akcije jedan su od najsloženijih koncepata savremenog prava i još uvek ne postoji teorijska saglasnost oko toga šta sve ulazi u sadržinsko polje ovog pojma. Nastojanja da se dođe do opšte definicije mera afirmativne akcije dodatno otežava terminološka neujednačenost. Iako su u Srbiji afirmativne mere omogućene već samim Ustavom a d...