Serbia. No country specific provisions. No country specific provisions. No country specific provisions.
Serbia. Under the SrbLO the conditions of validity for a pre-contract (predugovor) are rather strict. The applicable norms define pre-contract as an agreement of the parties by which they undertake to conclude the main contract.61 This rule can produce the false impression that Serbian contract law adopted the most liberal concept of pre-contract as merely an ‘agreement to agree.’ However, if one reads on, from the subsequent rules a different conclusion seems to emerge. First, the law prescribes that a pre-contract is valid only if it is concluded in the very same form as the contract it envisages, provided that the formal requisites of the main contract are considered one of the conditions of its validity.62 This means that the principle of the so-called parallelism of formalities (the symmetry of form) applies to pre-contracts 00 Xxxx Xxxxx of Cassation and Justice, II Civil Section, Decision No. 2411 of November 24, 2015. 60 RouCC, Article 1669 (3). 61 SrbLO, Article 45 (1). 62 SrbLO, Article 45 (2). as well.63 The requirement of the parallelism of form for pre-contracts has gained special relevance in relation to pre-contracts for the sale of real estate, which are subject to strict formal requisites. The well-established practice of courts is that a pre-contract for the sale of real estate that is not concluded in the form prescribed for the contract it envisages is not valid, and the object of the parties’ performance provided under such a pre-contract is subject to restitution according to the rules of unjustified enrichment.64 Second, binding obligations from a pre-contract arise only if it contains all the essential elements of the contract it envisages.65 By concluding a pre-contract the parties leave only non-essential elements to be agreed upon in the promised contract, where the dispositive rules of the SrbLO apply. This is the restrictive element of the rules on pre-contracts that most limits their scope of application. The pre-contract, namely, takes over the function of the contract it envisages, because it fixes the essen- tial elements of the contract, though binding obligations come into existence only when the main contract is concluded.66 The purpose of the pre-contract is therefore to fix the essential elements of the future contract and allow the parties to trigger the emergence of binding obligations by concluding the future contract with a simple declaration of contractual intent. The wording used in the law (‘parties undertake to conclud...
Serbia. The Serbian authorities' policy response to the slowing growth and falling inflation in 2011 was according to the IMF broadly appropriate. Amid faltering euro area economic activity, Serbia's GDP is projected to grow by 0.5% this year, with high and rising unemployment being a key concern. The GDP projection is in line with the National Bank of Serbia ("NBS") forecast. On the positive side, inflation has been slowing down and is expected to return within the NBS's tolerance band in early 2012. Performance against the end-2011 targets was broadly in line with the IMF stand-by-arrangement ("SBA") with Serbia, although the target on the general government deficit was missed by a small amount, as additional spending restraint did not fully compensate for revenue shortfalls. Completion of the first review under the SBA has been postponed as the 2012 budget deviated from the agreed fiscal program, in particular with regard to higher planned issuance of public debt (including government guarantees) and domestically- financed projects. If the Serbian government fails to implement appropriate measures to decrease unemployment and/or inflation this could materially negatively affect the Group's revenues in Serbia due to low consumer spending.
Serbia. No. Name of Agreement and Number of Articles Place and Date of Signing Agreement Term Subject
1. Agreement to avoid double- taxation and prevent tax evasion between the Great Jamahiriya and Serbia. No. of articles: 29 Belgrade 12/11/1377 FDP Unlimited term – Income taxes shall be all taxes imposed on total income or elements of income including the taxes imposed on profits allocated from the disposal of movable property or real estate. – The taxes to which the agreement applies in particular are: a. In the Great Socialist People's Libyan Arab Jamahiriya: income taxes imposed under Law No. (11) of 1372 FDP (2004 AD) on income taxes and the defence tax law pursuant to Law No. (44) of 1970 on Libyan taxes. b. In Serbia: income tax on companies and individuals; the agreement shall apply to any identical or similar taxes imposed after the signing date of this agreement in addition to the taxes existing in place thereof. The competent bodies in the countries party to the agreement shall notify each other of any significant changes approved in the tax laws of each. This document constitutes an un-official transcription/translation. DCAF cannot be held responsible for damages that may arise from its use. For official reference, please refer to the original text as published by the Libyan Authorities.
Serbia. After more than 10 years of advocacy, a modern and stimulating Law on Social Entrepreneurship was adopted in Serbia in February 2022. While waiting for the legal framework the practices of social economy, the concept and its positive effects have been recognised in the civil sector and among the public experts, especially when it comes to WISEs. There are certain legal forms that the legal system in Serbia traditionally recognises and that play an important role in the development of social entrepreneurial initiatives. These are companies for professional rehabilitation and work integration of persons with disabilities and cooperatives. The adult education providers in Serbia in forms of social enterprises fully or approximately correspond to the WISE concept, meaning that their main goal is focused on work integration of disadvantaged people, that play an important role in the economic system and develop a strong pedagogical dimension based on the acquisition of professional skills. These are associations of citizens, cooperatives, enterprises for work integration and professional rehabilitation of persons with disabilities, spin-off enterprises (most frequently in the form of a company with limited liability and a joint-stock company), foundations, business incubators and development agencies. Thus, these organisational forms, more or less guided by the employment model, open opportunities for employment and professional training for people with employment difficulties, such as people with disabilities, women, Roma, youth, migrants, the homeless, ex-offenders, etc.
Serbia. The Law on Adult Education recognises adult education as part of the unique educational system of the Republic of Serbia, which provides adults with the lifelong acquisition of competencies and qualifications necessary for personal and professional development, work and employment, as well as socially responsible behaviour. Adult education is implemented as formal, non-formal education and informal learning. Non-formal adult education, in terms of this law, is organised adult learning processes based on special programmes, to acquire knowledge, values, attitudes, abilities, and skills aimed at the personal development of adults, work and employment, and social activities. On the other side, informal adult learning, in the sense of this law, is a process of independent acquisition of skills mentioned above. Lifelong learning is recognised as a basic principle of the adult learning process and it refers to respecting the needs and opportunities of adults for learning and development throughout life in all its areas. The next law that recognises lifelong learning as an important principle is the Law on the National Qualifications Framework, which is based on the same principles as the Law on Adult Education plus it recognises non-formal education programmes like those that are: • achieving the standard of professional competencies, in part or in full, by the qualification standard; • improving knowledge, skills, and abilities, for personal and professional development and socially responsible behaviour, improving the quality of life, general education and culture (foreign language programmes, computer programmes, programmes for improving “soft skills", improving media literacy, programmes for the development of entrepreneurial and leadership skills, improvement and protection of life skills, etc.); • providing career guidance and counselling services.
Serbia. Social entrepreneurship is an important element of the process of European integration of Serbia into the EU, because it is one of the key tools for the development of human capital and the transformation of social policy in Serbia. In the context of European integration, the Employment and Social Policy Reform Program (ESPRP) and the Economic Reform Program (ERP) appear as the two main strategic documents. These documents recognise the importance of WISEs as one of the potential solutions to social inequality - the main challenge to inclusive economic growth and overall social progress. The ERP specifically defines structural reforms related to labour market, employment and social protection policies and social inclusion, as well as the circular economy. Numerous challenges facing employment policy in Serbia are related to the high general inactivity rate and low employment rate, the exclusion of vulnerable groups from the formal labour market, the need to strengthen the role of employment policy, segmented labour market, structural unemployment, high inactivity and youth unemployment. The Economic and Financial Affairs Council recommendations of the EU within the ERP are especially focused on the problem of the high share of informal unemployment in various sectors, especially in agriculture. It has been shown that the ESRP in the process of EU integration is inadequate implementation, so providing adequate financial and institutional resources for employment and social policy development should be a priority. In addition to WISEs, what is also important is that the EU has positioned education as a primary instrument in pursuing development and strategic objectives. Therefore, adult education systems must adapt to the requirements of socio-economic development and offer education and learning that are adapted to different groups of adults and their specific needs for knowledge and skills. This highlights adult education and learning organizations, which are becoming the basis for lifelong learning and efforts to implement various socio- economic and educational policies.
Serbia. When it comes to the institutional framework and lifelong learning public policies, the only public body at the central level that directly deals with social enterprises is the working group of the Ministry of Labour, Employment, Veterans and Social Affairs. The Ministry worked on the Draft law but did not directly contribute to the development of social entrepreneurship through the support system. However, since the previous legal forms are mostly inadequate and unstimulating for social enterprises, most of them have been established in the form of associations. Another reason is that most of the initiatives come from the non-profit sector. Therefore, the adoption of specific legislation that will directly relate to the recognition of WISEs is considered necessary and beneficial in every sense. This process should begin with the amendment of existing laws in order to expand the space for the development of social entrepreneurship in general and enable its sustainability. When this is thoroughly worked on, XXXXx will have a strong foundation to work favourably on strengthening the economy and employment policy. Since there are already indications in some laws that refer to the development of the sector, these laws should be amended to further develop these already defined forms.
Serbia. Although the concept of lifelong learning, together with the development of WISEs, is an area to be developed in Serbia, they appear particularly constrained by a lack of political will as well as strategic management and public administration capacity. • The advocacy process for the adoption of the Law on Social Entrepreneurship and using the proposal developed by civil society in late 2019, as well as expanding the WISE support network through the cooperation of all relevant actors, would be more effective and realistic, if appropriate methods are developed to measure the social impact they achieve. In addition, it is necessary to identify and implement certain practical solutions after the adoption of the law, such as the development of support systems to achieve economic sustainability, as well as for the needs of support, coordination, monitoring and management of social entrepreneurship. Establishing an institutional mechanism for sector development would also contribute to increasing social cohesion and general trust between the private, public and civil sectors. In that regard there is a need to restart public dialogue. The Law provides the basis for creating development programmes and support measures and open up space to include new actors in the WISEs ecosystem. The newly adopted Law on social entrepreneurship is a solid basis for further efforts to identify and establish the basis for the development of the sector. It was created after a long consultation process, relying on good practices of the EU and the region, and approaches social enterprises through the prism of European standards, taking into account local circumstances. WISEs sector in Serbia is small yet heterogeneous, so it takes different forms with different areas of social influence, mostly economic empowerment and employment. However, they have common traits that are manifested in their social mission represented with a quick adaptation of the business operation to the needs of the community; strong customers and beneficiaries community; and their primary motivation – not to lose any jobs. Adult education, recognised as an important element in the development of WISEs, plays a significant role in achieving the mission, but since the role played by XXXXx is still not recognised in its full capacity from the side of decision-makers, one can say that development dynamics in the sphere of adult education is facing many limitations. • The governance of adult education service provider...
Serbia. In so far as required by Applicable Laws, the relevant Governmental Authority in Serbia having cleared or being deemed to have cleared the Proposed Transaction under applicable anti-trust or merger control rules on or before the Long Stop Date.
