The discrimination ban vs. freedom of entrepreneurship in the Serbian legal system
This paper analyses relationship of discrimination ban vs. freedom of entrepreneurship from the legal-dogmatic and theoretical aspect. Since the discrimination ban belongs to the public law and the freedom of entrepreneurship to the private, they actually belong to the disparate areas of the Serbian...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2018-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2018/0017-09331803141R.pdf |
| Summary: | This paper analyses relationship of discrimination ban vs. freedom of entrepreneurship from the legal-dogmatic and theoretical aspect. Since the discrimination ban belongs to the public law and the freedom of entrepreneurship to the private, they actually belong to the disparate areas of the Serbian legal system: However, their relation is complex and complicated, because many opportunities for public intervention in private relations have been prescribed in the Serbian effective law. In this paper certain conflicts and interdependencies between these two institutions are pointed out, and the possibilities of a harmonized approach in their interpretation and application are outlined as well. Having in mind the lege lata, case-law and theoretical findings about the significance and the nature of these institutions, there are two opposite risks in their common application: first, the excessive threat to privacy and the economic efficiency of entrepreneurship; second, the risk of evasion of the discrimination ban in private relations. In quest of a striking balance between maximization of the disparate social aspirations of these legal institutions, this paper suggests a course of interpretation that provides more certainty in determination of their real and personal scope. |
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| ISSN: | 0017-0933 2683-5967 |