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• 2023 Editorial Board

Table of Contents

• 2023 Editorial Board

Revisiting the Hill of Pnyx: The Physical, Rhetorical, and Sociocultural ContextsThis paper offers a holistic reconsideration and reexamination of what the transmitted texts say about the political and rhetorical processes on the hill of Pnyx in classical Athens. It has three specific aims: (1) to explore existing ancient literature references to the Pnyx as a physical and constitutional/political place; (2) to identify and discuss a wide range of aspects of rhetoric in action, or performance, in a suitable sample of symbouleutic (or political) speeches – specifically, the three Olynthiacs and the four Philippics of Demosthenes; and (3) to offer answers to the question about the how physical conditions and the architectural form of the Pnyx might have affected acoustics and delivery of speeches, and why the hill was chosen to be the location of the Athenian Assembly meetings.

• Andreas Serafim [ University in Toruń, Poland ]

Open Banking: Between Cooperation and CompetitionThe emergence of financial technology companies (fintechs) has spurredexpectations that they will lead to large-scale disintermediation in finance and significantly disrupt the banking industry. Regulators in several jurisdictions have supported their market entry through the adoption of open banking policies, whose purpose is to facilitate third-party access to banking data, subject to customer consent. Data access has been seen as a competitive bottleneck in the banking industry, while customers hold the ultimate ownership over their data. This paper aims to critically assess proclaimed promises of open banking by analysing existing barriers to entry and market-based collaborations between banks and fintechs as identified in the literature. Since the expected effects can vary depending on the regulatory model embraced, the paper also outlines the economic trade-offs of different regulatory solutions. Consequently, the paper may help regulators who are considering introducing or designing open banking policies.

• Ana Odorović [ University of Belgrade, Faculty of Law, Serbia ]

The right of the child to identity in the context of reproductive cell donor anonyimity rulesThe right of the child to identity has been gaining importance in the efforts to revise legislation on donor anonymity in a large number of European countries. However, certain national legislations are still in favor of the concept of the identity disclosure prohibition, while some envision a mixed model, with the aim of balancing conflicting interests. The debate is centered on the donor and parent’s right to privacy and the child’s right to know their biological origins. An analysis of solutions from various European states, as well as the positions of the authorities overseeing the implementation of the most important treaties, has led to the development of guidelines when weighing interests in a conflict. Although an ideal solution is difficult to imagine, a system that protects the interests of all parties, focusing on the protection of the child’s rights, could be satisfactory.

• Tamara Mladenović [ Faculty of Law University of Kragujevac, Serbia ]

Formal aspects of derogation of human rights due to the pandemic of covid 19 in comparative practice of constitutional courtsThe paper presents the similarities and differences in the argumentation of the constitutional courts of the Republic of Serbia, the Republic of Croatia, Bosnia and Herzegovina, and Hungary when deciding on procedural/formal aspects of human rights derogation and other (restrictive) measures adopted due to COVID-19, such as the competence of bodies ordering restrictive measures, character/quality of their acts, control by the legislature and/or the executive. The commonality is that, despite the courts not neglecting the need for restrictive measures and the general interest in preserving public health, they treated the importance of formal requirements of the rule of law differently in pandemic conditions. The aim of this paper is to identify relevant common criteria and tests for assessing the constitutionality of these measures, in order to increase legal certainty in similar situations in the future, caused by new epidemics.

• Katinka Beretka [ Faculty of Law and Business Studies “Dr Lazar Vrkatić”, Serbia ]

The right to use in Roman and Serbian LawThe right to use is a personal servitude, which authorizes the holder to use the property within the limits of their needs. According to the Roman classification, it is personal servitude, together with the right of ususfructus, free housing and use of the work of someone else’s slave or animal. Formed in post-classical Roman law, with minor changes, the institute was absorbed into Serbian medieval law, and subsequently, in the mid-19th century, into the Civil Code of the Principality of Serbia. Servitude is also recognized in the law of the Republic of Serbia. The dilemmas concerning the scope of rights – whether the holder acquires fruits or can transfer the right to another – gave headaches to both Roman jurisprudents and jurists today. An interpretation by the Commercial Court of Appeal, regarding a question about the abovementioned controversies, posed by a lower court, has highlighted the problems regarding the institute.

• Vukašin Stanojlović [ University of Belgrade, Faculty of Law, Serbia ]

Church consent for theology professors – an external perspectiveThe past discussion on the necessity of church blessing for university theology instructors in Serbia has highlighted the legal elements and problems related to this issue. However, there is a theological dimension that is linked to the self-understanding of theology as a scholarly discipline: when theology is understood as a scholarly discipline, the same epistemological and theoretical conditions apply to it as to any other discipline – which does not exclude a special role of the church. Other scholarly disciplines also function in certain social and political contexts and are dependent on them to a certain extent. The role of theology is therefore not that exceptional. It is the right of every church to preserve its theological tradition, but the question remains open how this is best achieved. It is in the interest of theology, as well as of the church itself, to cede control over theology mostly to the scholarly discourse.

• Thomas Bremer [ Ökumenisches Institut, Katholisch-Theologische Fakultät der Universität Münster, Germany ]

The Faculty of Law as the Аlma Мater: On the Оccasion of Тwo 50th Аnniversaries

• Dejan Popović [ University of Belgrade, Faculty of Law, Serbia ]
• Zoran Mirković [ University of Belgrade, Faculty of Law, Serbia ]

Demarais, Agathe. 2022.Backfire: How Sanctions Reshape the World Against U.S. Interests. New York: Columbia University Press, 293

• Boris Begović [ University of Belgrade, Faculty of Law, Serbia ]

Škulić, Milan. 2022. Međunarodno krivično pravo: prostorno važenje krivičnog prava, krivično pravo međunarodnog porekla, međunarodna krivičnopravna pomoć, začeci krivičnog prava EU. Beograd: Službeni glasnik, 833 (Aleksa Škundrić)

• Aleksa Škundrić [ University of Belgrade, Faculty of Law, Serbia ]