Category: Legislative & Government Affairs

20 Oct 2023

Gecić Law Joins the First AI Master Class

We are thrilled to announce the participation of members of the Gecić Law team in the AI Master Class program, the first educational seminar of this format in the field of artificial intelligence.  As pioneers in AI legal practices, our experts will speak at the “Regulating Artificial Intelligence: Legal and Ethical Challenges” event.  Spanning October to December, the AI Master Class has four two-day sessions across Belgrade and Novi Sad. Event Schedule & Highlights Novi Sad kicked off on October 12-13 with over 120 attendees.  Subsequently, the upcoming Belgrade sessions will occur on October 26-27 and November 16-17.  The AI […]

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18 Oct 2023

5G CAM: Revolutionizing Cross-Border Mobility

5G is the fifth-generation mobile network, which promises to lead to a revolution, particularly in transportation.  This article focuses on connected and automated mobility (CAM), an offspring of 5G.  CAM lets vehicles communicate with each other and with the surrounding infrastructure.  Such communication can, in fact, enhance road safety, ease traffic jams, and cut CO2 emissions.  With this in mind, countries worldwide are diligently working on developing 5G cross-border corridors. 5G cross-border corridors are networks that connect transportation routes.  These routes, whether along roads, railways, or waterways, maintain 5G connectivity across international borders.  This connectivity is vital for CAM’s full-scale […]

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10 Oct 2023

Gecić Law Contributes to Sectoral CBAM Training Program

Gecić Law experts will participate in multiple sectoral training sessions on the EU’s new Carbon Border Adjustment Mechanism (CBAM) in October and November.  The Ministry of Environmental Protection and the Chamber of Commerce of Serbia initiated the training program within the Swiss Program on Capacities for Trade Policies (C4TP) framework.  CBAM training sessions will hence take place in several cities in Serbia during the next two months.  These sessions are particularly tailored to the economic sectors affected by the CBAM regulation. First CBAM Training Session on Fertilizers On Monday, the program started its first full-day workshop at the Chamber of […]

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25 Jul 2023

From Collective Rights to Individual Justice: Class Action in the USA and Its Prospects in Serbia

Part I On July 4, the United States celebrated Independence Day, which reminded us of the Declaration of Independence from 1776 that marked the establishment of the United States. This prompted us to reflect on the numerous distinctive legal achievements of the United States, inspiring us to explore the phenomenon of class action. Originating from across the Atlantic, this legal institution has found its place in continental European jurisdictions, sparking discussions within the professional community about its potential incorporation into Serbia’s legal framework. This article kicks off a series of articles on class action. In the first installment, we delve […]

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30 May 2023

Serbian Public Enterprises to Transform into Joint Stock Companies or Limited Liability Companies

The Government of Serbia has adopted the proposed Act on the Management of Enterprises Owned by the Republic of Serbia, which foresees the transformation of public enterprises into joint-stock or limited liability companies.  Twenty-three public enterprises are thus set to change their legal form.  A complete automated English translation of the Draft Act is available here. In this transition, the equity capital of a public enterprise will be converted into shares or stakes, depending on the legal form.  The change maintains the public enterprise’s legal subjectivity and business identity without liquidation or interruption of legal continuity, retaining its identity in […]

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27 Apr 2023

Proposed Changes Set to Ease Rules for Foreigners in Serbia

Migration is a phenomenon as old as humanity itself.  In modern times, a good life today means a good job.  Since industrialization and globalization, it has become increasingly more accessible and more efficient for people to move around and satisfy the needs for labor in different parts of the world.  Today, due to demographic and economic trends, in addition to the growing demand for jobs in digital and technology, there is also a need for more traditional occupations.  Numerous, mainly developed countries, have already taken measures to ease the conditions for the employment of foreign nationals. Serbia is increasingly becoming […]

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03 Mar 2023

North Macedonia Ratified Two Agreements as Part of the Open Balkans Initiative

In February, the Parliament of the Republic of North Macedonia ratified the Agreement on the Conditions for Free Access to the Labor Market in the Western Balkans and the Agreement on the Interconnection of Schemes for Electronic Identification of the citizens of the Western Balkans as part of the Open Balkans initiative. Both agreements were signed in Tirana on December 21, 2021, by the President of the Republic of Serbia, Aleksandar Vučić, the Prime Minister of the Republic of North Macedonia, Zoran Zaev, and the Prime Minister of the Republic of Albania, Edi Rama. The Agreement on the Conditions for Free Access to […]

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01 Mar 2023

US Investment Giants Warn Against Negative Effects of ESG Backlash

Sustainable investing has gained significant momentum in recent years as environmental, social, and governance (ESG) principles rose to the top of the corporate agenda.  However, there has recently been growing backlash to ESG investing from multiple stakeholders, including politicians and industries, particularly in the US.  This anti-ESG sentiment has become a significant performance risk for many investment firms on Wall Street. Heavyweights, such as BlackRock, Blackstone, KKR, and T Rowe Price, have cautioned in their annual reports that divergent views on ESG investing could hurt their financial performance.  These warnings follow pressure caused by an accelerated campaign supported by top-ranking […]

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26 Dec 2022

The Business Registers Agency Hikes Fees

The end of the current year and the beginning of the new year bring changes in the form of a fee hike applicable to all legal entities covered by the Business Register Agency (“BRA“).  The November Decision on Registration Fees and Other Services brought by the BRA of the Republic of Serbia increased fees for almost all services provided by the Agency (“Decision“).  Among others, the Agency changed fees for registration of incorporation, data changes, registration of other data, and deletion of data.  This change is of great importance to anyone planning any corporate changes, bearing in mind that the […]

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23 Dec 2022

European Court of Justice: Public Registries are too Public

The Judgment of the European Court of Justice (“ECJ“) from November this year raised the issue of compatibility of proclaimed fundamental human rights with public registers of ultimate beneficial owners available to all interested parties (“Judgment“). According to the Fourth Anti-Money Laundering and Terrorist Financing Directive (the “Fourth AML Directive“), all European Union member states were obliged to make public the registers of beneficial owners of companies operating in their countries so that they can be accessed by any person who has a “legitimate interest.” Accordingly, in 2019, Luxembourg passed a law confirming this directive.  It established a register of ultimate […]

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18 Oct 2022

EU and ASEAN Sign World’s First Air Transport Agreement

The European Union (EU) and the Association of Southeast Asian Nations (ASEAN) signed yesterday in Bali the world’s first bloc-to-bloc Comprehensive Air Transport Agreement (CATA).  Most EU member states so far have had bilateral agreements with some of the ASEAN countries, with different scopes and rules. However, very few had such arrangements with all the countries of ASEAN. The new agreement now includes all member states of each region and replaces all existing contracts with a unified framework, connecting more than one billion people. The agreement aims to revitalize air travel and transport between Southeast Asia and Europe, which has […]

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30 Mar 2022

US defines its digital asset priorities

In times of crisis, cryptocurrencies found new roles in financial markets. We witness different forms in which cryptocurrencies are used to transfer value when the regular financial flows fail (or are just too laggy).  It seems crypto is here to stay and governments are taking stock and developing plans. This March, US President Joe Biden was determined to find a regulatory solution for crypto by kickstarting the legislative machine of the US with the Executive Order on Ensuring Responsible Development of Digital Assets (“EO”). The EO recognizes the explosive growth of digital assets as an opportunity to reinforce American leadership […]

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04 Mar 2022

The battle for supremacy: EU and Romania

In late 2021, the Romanian Constitutional Court issued a statement regarding the judgment of the Court of Justice of the European Union (”Judgment”) in Cases C-357/19 Euro Box Promotion and Others, C379/19 DNA – Oradea Territorial Service, C-547/19 “Romanian Judges Forum”, C-811/19 FQ and others and C-840/19 NC. The Judgment established that national judges are entitled to disregard the decisions of the Romanian Constitutional Court that are not aligned with the EU law without any risk of disciplinary measures.   Moreover, it addressed the Romanian justice reforms and pointed out the mandatory character of the EU’s recommendations, embedded in the Cooperation and […]

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02 Mar 2022

Montenegrin Citizenship by Investment Program Extended

Montenegro, the jewel of the Adriatic Sea and first in line to become the next European Union (EU) member state, has extended its program of granting citizenship by investment until the end of 2022. The benefits of such a program for investors are manifold – the opportunity to become a citizen of a beautiful European country that is experiencing one of the highest investment per capita in the Old Continent but also the chance to become a citizen of the EU once the country becomes EU member state. On 22 November 2018, the Government of Montenegro adopted the Decision on […]

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19 Jan 2022

EU’s Global Gateway and China’s Belt and Road Initiative

The Global Gateway initiative was unveiled on December 1, 2021, as a strategy of the European Union (“EU”) to support sustainable infrastructure development around the world.  The EU is planning to invest EUR 300 billion over five years.  The European Commission pitched the Global Gateway as a template for how Europe aims to build more resilient connections across the globe. The Global Gateway is about increasing investment, promoting values and high standards, good governance and transparency, partnerships based on equality, green, clean, secure infrastructure, but also catalyzing and supporting private sector investment in new markets as part of the Global […]

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17 Jan 2022

Stablecoins run the world?

Technological development influenced capital markets far more than expected in the last decade.  Decentralized currencies, central bank digital currencies and digital tokens are all huge news in the world of finance. And so are stablecoins. What are stablecoins and how do they “work”? Stablecoins are a unique kind of decentralized digital assets, developed to “bring the best of both worlds”.  They have all the characteristics of decentralized currencies but also solve the problems of volatility and uncertainty.  That makes them similar to centralized currencies.  Stablecoins are unique because they are backed by real reserves.  They are either backed by fiat […]

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22 Oct 2021

Does the New Act Provide Greater Consumer Protection Opportunities?

On September 9, 2021, the National Assembly of the Republic of Serbia adopted a new Consumer Protection Act (“Act”), which entered into force on September 19, 2021.  The Act shall become applicable three months following its entry into force i.e. on December 20, 2021 (save for the articles regulating out-of-court settlements of consumer disputes, which shall become applicable six months following the entry into force i.e. on March 20, 2022). The Act’s main objectives are the improvement of consumer protection, more efficient implementation of statutory solutions and the comprehensive harmonization of consumer rights in Serbia with EU consumer protection law, […]

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13 Oct 2021

What is ESG and why is it important?

Multinational entities and governments are pushing for more action regarding Environmental, Social and Governance (ESG) issues. As a result, enterprises increasingly integrate the ever-changing social and environmental factors into their business strategies. The concept of business success has changed and so must the actions they take. But what exactly is ESG? ESG is a set of standards to guide corporate policies to ensure sustainable development in the fields of environment, social and corporate governance. How Did We Get to ESG? Only twenty years ago, if one would ask a group of individuals with a business background about the main objective […]

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04 Oct 2021

EU Proposes the Prolongation of the State Aid Temporary Framework

The European Commission has proposed the prolongation of the State aid Temporary Framework until 30 June 2022, in order to expedite the ongoing Covid-19 economic recovery in Europe. The Temporary Framework was initially adopted on 19 March 2020 and to this date, it was amended and prolonged five times (more information available here and here). Margaret Vestager, the Executive Vice-President, who is in charge of the competition policy said that we are finally seeing improvements in the EU economy after the big crisis that hit the EU due to Covid-19.  She also added: ’’[W]e need to be aware of disparities […]

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27 Sep 2021

China sends shockwaves across global markets

China again demonstrated the potential of its impact on the global economy as its actions and signals sent ripples through world markets last week. China’s central bank reiterated last Friday that all cryptocurrency-related transactions are illegal and will be outlawed, delivering the clearest signal yet of the country’s determination to crack down on the industry to “preserve economic, financial and social order”. The move comes after Chinese authorities banned cryptocurrency mining earlier this year. Chinese authorities have said they will coordinate their efforts to ensure the end of cryptocurrency trading.  The People’s Bank of China stated that cryptocurrencies may not […]

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11 Aug 2021

The Clash Between Brussels and Germany: The Battle for Legal Supremacy or Just a Procedural Quarrel?

The German Constitutional Court and the Court of Justice of the European Union (“CJEU”) have been at odds lately.  In June 2021, the European Commission brought infringement proceedings against Germany over an alleged breach of the principle of primacy of EU law by the German Federal Constitutional Court. Namely, the German Federal Constitutional Court has delivered a landmark decision that is precedent-setting and has tremendous repercussions for the question of the power dynamics between the European Union (“EU”) and a Member State.  Before getting into the nitty-gritty details of this legal conundrum, let us take a look at how things played […]

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03 Aug 2021

Cryptocurrencies, digital currencies – changes in financial systems, or a whole new world?

Cryptocurrencies, digital currencies, electronic money… are the talk of the world.  A common question these days is what cryptocurrencies are and how they work.  This question now has a more recent addition – what are digital currencies?  Is digital currency a synonym for cryptocurrency?  If not, what is the difference?  If you are a fintech enthusiast, you may think that this is a great time to be alive.  But if you are not, it is perfectly ok to be confused, even a bit scared by the changes happening this fast.  The only thing we can do is to keep up […]

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26 Jul 2021

State Aid and Climate Change: The Challenges

Here we go again, fighting climate change.  This time, we are focusing on State aid and climate change, and discussing an important question – how green is State aid? Back in 2019, Europe ushered the European Green Deal.  The European Commission published a Communication on the European Green Deal in its tenacious efforts to tackle climate change and other environmental challenges.  This Communication is the EU’s attempt to work on the transition to a future where there will be no “bad emissions”, to put it plainly.  If we were to get more technical, to create a Europe with net-zero emissions […]

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19 Jul 2021

Digital Property and Tax: Tomorrow is Now?

In the past few years, virtual currencies have become very attractive to investors across the globe.  Their importance for world capital and money flows is constantly growing, which resulted in the need for them to be regulated.  That was the precise reason for the Republic of Serbia to adopt the Digital Property Act at the end of last year.  Its significance is recognized in defining digital assets for the very first time, thus introducing them into regulated economic flows. However, this Act alone could not resolve all issues and questions related to digital property.  For example, the Digital Property Act […]

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14 Jul 2021

European Commission officially reveals Fit for 55 package

The European Commission (“EC”) adopted the Fit for 55 climate action plan on Wednesday, announcing a legislative package that aims to cut carbon emissions in the European Union (“EU”) by 55% by 2030, compared to levels measured in 1990.  It also calls for action to make the continent carbon neutral by 2050. The Fit for 55 package includes provisions on expanding the EU Emissions Trading System to charge for carbon emissions in more sectors.  Additionally, it proposes Effort Sharing Regulation and prescribes new emissions-cutting targets per Member State.  It also calls for an increase in renewable energy sources use, creates […]

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12 Jul 2021

New Bill on the Regulation of the Agricultural Products Market

In the Republic of Serbia, agricultural policy is based on the Act on Agriculture and Rural Development and the Act on Incentives in Agriculture and Rural Development.  However, none of these two acts enable the regulation of the agricultural products market and the introduction of new market regulation mechanisms, which are necessary to help Serbian agriculture maintain steady development.  Market mechanisms in the Republic of Serbia are not in accordance with the common EU market organization.  Serbia lacks a similar unique legal framework to implement most measures of market regulation. In order to harmonize further with mechanisms in the EU, […]

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05 Jul 2021

Fit for 55 – The Future of Europe

At the event hosted by the API/IPA international press association, Slovenia revealed the priorities of its upcoming presidency of the Council of the EU and the Fit for 55 legislative package stole the spotlight all for itself.  Before leaning into the story of Fit for 55, let us make a quick turn to the conference held just a few days ago. Slovenia is taking over the Council of the EU presidency for the next six months.  The country’s Permanent Representative to the EU Mr. Iztok Jarc and his deputy Ms. Tamara Weingerl-Požar laid out the priorities of the presidency.  Of […]

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21 Jun 2021

Serbia: One small step for a legislator means one big step for the EU acquis alignment

In the process of gradually aligning its legislation with the EU acquis the Government of the Republic of Serbia adopted two bylaws on 11 March 2021 in the field of state aid, complementary to the recently adopted new State Aid Control Act. All this adds value to the start of talks on the Chapter 8 – Competition Policy of Serbia’s negotiation process and may speed up Serbia’s EU accession. Regional Aid Regulation This regulation is designed to promote economic development of the least developed regions or the development of regions with a high level of unemployment. It also allows state […]

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14 Jun 2021

Gatekeepers and Digital Markets – EU Digital Saga continues

Some reports say that it would be impossible to live in the digital world outside of the ecosystem created by Big Tech giants.  The concentration of power in a small number of platforms has allowed some tech companies, popularly known as the Four Horsemen” to exercise unparalleled economic power and social impact almost without any oversight by regulators.  These companies have complete market dominance, each in their respective field of expertise: Apple in consumer electronics and mobile operating systems;  Facebook in the social media, Google in online searches, video-sharing and mapping-based navigation; and, finally, Amazon in the e-commerce market.  Hence, […]

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10 Jun 2021

The Status of Influencers in North Macedonia

The imaginary familiarity with a famous person through platforms such as Instagram is more common when the other party is a so-called influencer – a person that enjoys appreciation of a large number of users due to their reputation.  The imaginary closeness is, on the other hand, a very powerful tool in hands of influencers as users often aspire to emulate their lifestyle.  However, the lifestyle the influencer presents is not always genuine as the content presented often includes (some form of) promotion.  When an influencer shows on their profile that they use a certain product, there is a great […]

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31 May 2021

The status of influencers in Bosnia & Herzegovina

Legal Framework for the so-called influencing  To say that there is no special advertising act in Bosnia and Herzegovina (“BiH”) is not completely true.  Namely, certain forms of (illegal) advertising are regulated by the Prohibited Advertising Act.  This Act regulates the protection of merchants from illicit advertising, the protection of procedures and determines forms of illicit advertising.  On the other hand, advertising as such is regulated indirectly at the level of the Federation. In this regard, the Consumer Protection Act is applicable, considering that BiH is one of few European countries that has neither a media act nor an electronic […]

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28 May 2021

EU and Japan create Green Alliance to fight climate change

The European Union (“EU”) and Japan created a Green Alliance and issued a document on May 27 that defines their joint goals on climate change.  They committed to green growth and reaching carbon neutrality by 2050, reaffirming their commitment to the Paris Agreement. The creation of the alliance comes ahead of the UN climate conference in Glasgow in November. The event should define the implementation of the Paris Agreement. In the meantime, the EU and Japan have promised to promote green economy goals. They noted that they will help developing nations transition to low-carbon energy use. The two sides also […]

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27 May 2021

Global Corporate Tax (R)evolution

Joe Biden’s first big clash with the largest businesses in the US came as a result of his proposal to increase corporate tax and raised quite a few eyebrows.  Although Corporate America initially welcomed the massive government spending plan, it later expressed genuine concerns on the topic.  International corporate taxation has long presented a challenge for tax authorities worldwide, causing them losses in billions of tax dollars.  The US has been one of the largest backers of negotiations on a large-scale reform of international corporate taxation that have been going on for quite some time. However, an agreement is yet […]

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24 May 2021

Influencers in the Western Balkans – Croatia

Influencer marketing is a fast-growing discipline, and the number of influencers is growing every day in our region.  Like Serbia, Croatia is also “fertile ground” for influencer marketing and numerous extremely “influential influencers”.  Testimonies of many, both “micro” and “macro” influencers from Croatia, demonstrate that this indeed amounts to a full-time job. So, how does one hire an influencer?  In a nutshell, after “becoming famous”, influencers receive offers to promote various products and services on a daily basis, but how is this activity legally regulated in Croatia? Stay tuned, as we discuss below in greater detail the legal position of […]

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20 May 2021

What will the amendments to the Health Insurance Act bring?

The current Health Insurance Act (the “Act”) came into force in 2019.  However, earlier this year the National Assembly of the Republic of Serbia passed the Draft on Amendments to the Health Insurance Act (the “Draft“) was passed, and it was in public debate until the end of February.  Only the Draft that was at the public debate is publicly available, so we are waiting for the version of the text that will be sent to the Government, and then in the parliamentary procedure. Reasons for introducing amendments One of the reasons for the adoption of the Draft is certainly […]

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10 May 2021

Many have asked us … what is the status of influencers in the Western Balkans?

Who are “influencers”? Developments in technology and the significant influence of social networks on modern life, have resulted in the development of a completely new breed of digital marketers – influencers[1].  Increasingly, successful brands now recognize influencer marketing as an extremely effective way to advertise their business which in turn expands their reach and increasing the sales of products and services. The term influencers originated in the English language, and many other languages, including Serbian, use anglicisms to refer to influencers to denote influential people within a certain group of people.  We are familiar with their work today on various […]

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28 Apr 2021

What does the New Act on Archival Material and Archival Activity bring?

In addition to numerous novelties and changes in Serbian legislation, the beginning of this year was also marked by the legal regulation of archiving materials and similar documentation, which attracted significant attention.  The new Archival Material and Archival Activity Act (the “Act“) is not only an important step towards improving the protection of archival material and regulating archival activity but also towards developing awareness of the importance of preservation of archival material, since that helps “protect” the history of our country. Until recently Serbia did not have a specific act that would comprehensively regulate the issue of archival material and […]

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19 Feb 2021

Serbia and U.S. sign Investment Incentive Agreement

On January 21, 2021, the Republic of Serbia and the U.S. Government signed the Investment Incentive Agreement (“IIA“), still waiting to be ratified by the Serbian Parliament.  The IIA paves the way for the U.S. International Development Finance Corporation (DFC) to provide investment services in Serbia.  In September last year, DFC opened its first office on this side of the Atlantic, right here in Belgrade . The opening of DFC’s office in Belgrade is indeed a significant step forward in US-Serbia relations.  However, this is not their first foray into economic cooperation in this field.  IIA, judging by the available information […]

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05 Feb 2021

Serbia set to allow entrepreneurs to declare bankruptcy: what are the potential solutions and does it set the stage for personal bankruptcy?

The Serbian Ministry of Economy formed a working group to draft an act that will regulate the bankruptcy of entrepreneurs (the “Draft“) following the Program for resolving problem loans for 2018-2020 of the Government of Serbia (the „Program“). Serbian bankruptcy legislation should now be complete since the Bankruptcy Act does not provide for a procedure in which creditors of an entrepreneur could collectively settle their claims. The view of the Government of Serbia stated in the Program, is that bankruptcy in the case of entrepreneurs should be regulated in a way that it could be carried out quickly and efficiently […]

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19 Jan 2021

Act on Digital Assets – creating a new market

Digital assets. A somewhat contradictory notion, but for a short period of time, the digital assets managed to put to question the millennial legal perception of assets as something purely material. And that would not be so interesting if it were not for the digital assets’ ability to financially transform into money. Mining and cryptocurrencies have been filling newspaper columns for years now and the first thing that catches the eye is their monetary value. Behind these terms is a legally unregulated business creating a significant fortune for individuals who, as simple as it gets, just sit in front of […]

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04 Jan 2021

Amazon – One of “The Biggest Deals” for EU’s Antitrust Practice

Unbelievable numbers: 840,000 employees, USD 280 billion in revenue for 2019, USD 11.5 billion profit (for the same year) and first centi-billionaire owner ever.  Today, one of the biggest undertakings in global trade.  But, on the other side, one of “The Biggest Deals” for the EU, ever.  We bring you a story of to-ings and fro-ings between Amazon and the EU Commission. Short Recap Rewind to July 17, 2019.  On that day, the Commission opened an investigation into possible anti-competitive conduct by Amazon.  More precisely, an investigation was opened to assess whether Amazon’s use of sensitive data from independent retailers […]

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29 Dec 2020

Trading Water – a 21st century inevitability or a cause for concern?

If you think you have seen “everything” in 2020, well, think again!  This is the year that sees water traded on the stock exchange for the first time ever.  News from Wall Street that water is to be traded on the stock exchange spread quickly and overshadowed a raft of other, important financial stories. This December the world’s largest financial derivatives exchange, the CME Group, launched futures contracts tied to the spot price of water in California, a market of $ 1.1 billion.  The very concept of trading water inevitably gives us all pause for thought about the reasons for […]

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06 Nov 2020

The digital euro in Serbia

Autumn on the European money market has sparked discussion on digital money. The rapid development and use of digital technology increased the volume of online/e-payments due to COVID-19, but also competition coming from digital currencies developed by other central banks, such as the Chinese central bank, from cryptocurrencies and digital currencies developed by tech giants, are some of the reasons that spurred the European Central Bank (ECB) i.e. Eurosystem to publish the Report on a digital euro. The Report analyses potential options and conditions under which the digital euro could operate, reflecting clear caution from its introduction as a means […]

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22 Oct 2020

One-stop-shop for registering Healthcare Services with SBRA

From October 11, 2020, the Serbian Business Registers Agency (“SBRA”) will start keeping the Register of Healthcare Institutions (“Register”) as a single record of healthcare service providers, in accordance with the Healthcare Act (“Act”). The Register is a unified record of healthcare service providers, which includes data about healthcare institutions and private practices throughout the Republic of Serbia. Therefore, data about public and private healthcare institutions have been consolidated in the Register. Before the introduction of the Register, healthcare institutions had to register with the competent commercial courts.  Now, the Register, as an electronic, central, public database of registered healthcare […]

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06 Oct 2020

A new stage in the development of the judiciary in Serbia between 2020-2025

The development of the judiciary is one of the key priorities for the Republic of Serbia. It is a permanent process of modernization and harmonization of the judiciary with the needs of the state and society, in order to ensure rule of law and enhance legal certainty. In line with this, on July 10, the Government of the Republic of Serbia, adopted Judicial Development Strategy for the time period between 2020 and 2025  (“Strategy”), as well as the revised Action Plan for the Chapter 23 (“Action plan”).  We would also like to point out that AmCham Serbia, of which Gecić […]

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26 Aug 2020

The Register of ultimate beneficial owners – a step closer to money flows in Western Balkans

Money laundering – a crime that is not victimless In a globalized world where modern technology allows the rapid flow of funds, fighting money laundering has never been a more important and urgent need.  Trillions of dollars are laundered each year and these funds fuel serious organized crime activities such as drug trade, sexual exploitation, human trafficking, terrorism, etc.  Money laundering is far from a victimless crime, and, moreover, it harms society in a more perfidious manner than other crimes. The Financial Action Task Force (“FATF”) is the leading global money laundering and terrorist financing “watchdog”.  As a policy-making body, […]

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10 Jun 2020

Serbia signs and ratifies the so-called Convention 108+

Whenever you leave your home, buy something, apply for a job or pay bills these days – pretty much almost whatever you do –  your personal information is used, collected or processed.  In order to protect your right to private life regarding the automatic processing of your personal data, the Council of Europe adopted the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data – ETS No. 108 (“Convention 108”). (No) Need to Modernize the Convention Convention 108 is the first binding international instrument protecting individuals against abuses that may accompany the collection and processing […]

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11 May 2020

Fighting the Onslaught of COVID-19 Litigation?

As worldwide lockdowns slowly recede and many of us, including courts, claimants and respondents, step back out of quarantines, we will be “greeted” by a plethora of complex litigation issues. The large number and complexity of these issues will require all sides to put in place even more sophisticated strategies to tackle the ensuing litigation onslaught. According to Harold Kim, the president of the U.S. Chamber Institute for Legal Reform, “[t]his early litigation is really, from our vantage point, the tip of the iceberg”. Cue May 6, 2020: Serbia rescinded the almost two-month-long state of emergency and relaxed measures restricting […]

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28 Apr 2020

New Trademarks Act – a step closer in aligning Serbian legislation with EU law

On February 1, 2020, a new Trademarks Act („Act“) came into force with a view to addressing shortcomings observed during the application of the previous act, to establish a more efficient system for trademark protection, as well as to align Serbian legislation with the laws of the EU Member States in this field. Placing trademarked goods and services on the market allows the trademark owner to distinguish those goods and services on the market from others that are the same or similar, while simultaneously increasing its responsibility towards consumers.  The importance of trademarks calls for an efficient and simple protection […]

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06 Mar 2020

Amendments to the Cadaster Registry Act – additional benefits for the parties

On 24 February 2020 the National Assembly of the Republic of Serbia adopted the Registry of Real Estate, Overhead Lines and Underground Ducts (Registration Procedure) Amendment Act (“Registration Procedure Act”).  The amendments will enter into force on 3 March 2020, while certain provisions shall apply as from 31 March 2020. The main idea was to simplify the procedure before the Republic Ordnance Survey Authority. A key change concerns Article 39 of the Registration Procedure Act, which now stipulates that service of procedural documents to parties will be effected in the form of an electronic document via single electronic mailbox.  If […]

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24 Jan 2020

Brexit Up and Running

“Saying goodbye to everyone at a party and then proceeding to stick around“ – meaning of Brexiting as branded by the Urban dictionary to describe a specific social faux pas.  Though, as of today, it represents an expression not very up-to-date.  Namely, Presidents of the European Council Charles Michel and of the European Commission Ursula von der Leyen signed the Agreement on the Withdrawal of the UK.  The EU Parliament’s plenary is on the move and will vote on the agreement on January 29.  Respectfully, the last step is the adoption by the Council of the reached decision, on behalf […]

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24 Jan 2020

Enforcement Orders Now Available On Court E-Bulletin Boards

On 1 January 2020, Serbia rolled out its first court electronic bulletin board service, giving enforcement creditors and enforcement debtors online access to orders and other procedural documentation, which the court or public bailiff failed to serve on them personally. The Ministry of Justice of the Republic of Serbia in cooperation with USAID Rule of Law Project has made it possible to post enforcement orders and other procedural documentation online, while also giving parties to enforcement proceedings access to information about their enforcement proceedings. The service of written documents and decisions is a key element of civil court proceedings.  Consequently, […]

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