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The problem lies in the fact that inflexibility, unqualification, small initiative, typical
bureaucratic handling of clients, political nominations to superior positions, clientelism when filling
job positions in the public administration, individualism when considering applications for
contributions, corruption-friendly environment, plotting in the selection process for vacant public
job positions are only some of the phenomena, which are becoming characteristic of public
administration in the ambit of labour and employment services. Based on the above stated facts, we
are convinced that an optimum model of organization of active labour market policies in the SR
resides distinctively in the supposition that public employment services will be carried out by a
public institution. The decision-making about providing contributions in the frame of active labour
market policies should be the competence of autonomous bodies, and they should be represented
not only by the employers and employees but also by township, autonomous community and third
sector delegates. We consider it essential for accurate and distinctive legal criteria to be established
for providing of contributions in the frame of active labour market policies with clear rules without
the possibility of diverse interpretations. As for today, this is unfortunately no so. Active labour
market policies consist mostly of the use of particular tools, which are specified in the existing
legislation. Discrimination may obstruct the achieving of economical goals, mainly the achieving
of a high grade of employment and social protection, economic cohesion and solidarity, the
improvement of life standard and quality. It may even obstruct the goal for the EU to become a
territory of freedom, safety and justice.
Council Regulation 2000/43/ES determines the principles of equal treatment of persons,
regardless of their racial of ethnic origin. One of the main principals of a juridical state is
undoubtedly the principal of equal treatment. It is a principle, which is, in the modern democracies,
gaining ground in all ambits of social life. In the legal reform of the EC the issue of prohibition of
discrimination is regulated by this Council Regulation in which there is established the principal of
equal treatment of persons, regardless of their racial of ethnic origin. The main purpose of this
regulation, as it results from its exordium, is the guarantee of equality before the law and the
protection against discrimination based on racial or ethnic origin, i.e. a right recognised by many
international documents, specifically the European Convention on the Protection of Human Rights
and Fundamental Freedoms. In relation to the principle of equal treatment, the EU rejects theories,
which try to establish the existence of segregated human races. The EU Council approved by the
Decree 2000/750/ES an Action Plan of the Community for the fight against discrimination to 2006.
Member states should provide, when it is appropriate and it is in accordance with their internal
traditions and practice, the protection of legal persons, when they are being discriminated based on
their racial or ethnic origin. Persons, which have been exposed to discrimination, should have an