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This report presents the standard for the exercise of police powers, known as „absolutely necessary when using firearms, physical force and aids by police officers.“ In Bulgarian context emphasis is placed on the implementation of this standard, adopted by the Council of Europe, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the Court of Human Rights in Strasbourg. This was achieving through active collaboration between the political and professional leadership of the Ministry of Interior, the Prosecutor’s Office, the non-governmental sector, the Ombudsman. In the context of the post-monitoring dialogue with the Council of Europe the standard was successfully introduced in Bulgaria on July 1, 2012. In a series of reports implementation through a change in the law of the Ministry of Interior was assessing positively by the Council of Europe. The author of the report served as Deputy Minister of the Interior from 2009 to 2013 and led the whole process formalising an agreement the idea of change, conducting the public discussion, leading working groups, drafting a law and defending in the National Assembly.
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The article discusses Article 9 of the ECHR in parallel with the Roman legal concepts of religious freedom and tolerance, placed mainly in the pagan period until the establishment of Christianity as the only and obligatory state religion at the end of the IV century. Conclusions have been drawn about the universalism adopted in the ius gentium with regard to the religions of the peoples in Romandominated Mediterranean, Europe, Asia Minor and North Africa.
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The article presents main characteristics of the magazine „Military Legal Thought“ (1935-1943): circumstances surrounding the creation of the issue; program and goals; composition of the editorial board over the years; quantitative indicators by topics; review of some of the more important publications. The main conclusion is that the edition is syncretic, and this circumstance corresponds to the specific socio-political period.
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The article presents the implementation of the requirements of the Council of Europe for compliance with the principles of independence; transparency; accountability and sustainability of public media; enshrined in the draft Law on Bulgarian National Radio and Bulgarian National Television; drafted by Prof. Habil. Raina Nikolova
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The article examines the path and parliamentary debates on the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms in 1992 in the XXXVI National Assembly. Attention is paid to the initial texts submitted to the government bills; the proposals for amendments and supplements made by the members of the National Assembly; as well as the final texts adopted by the parliament. Emphasis was placed on the positions of the political forces represented in the Assembly and the fact that both the ruling party and the opposition are in favour of the adoption of the Convention; which is why the vote is entirely positive for the proposed government laws.
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The Protection against discrimination is based on the idea of social justice and aims to guarantee equal access to rights. The European Convention for the Protection of Human Rights and Fundamental Freedoms establishes a general prohibition of discrimination in the exercise of any other right protected by the ECHR (Article 14). Protocol № 12 to the ECHR extends the scope of the prohibition of discrimination to any right established by law. The report examines the different approaches in the Case-law of the European Court of Rights in the application of Article 14 of the ECHR. Depending on the established violation; the protection against discrimination is accessory or independent. The Particular attention is paid to the practice of the ECtHR in cases against Bulgaria.
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The member states of the Council of Europe and the member states of the Organization for Economic Co-operation and Development (OECD) sign the Convention on Mutual Administrative Assistance in Tax Matters in order to prevent the possibility of tax avoidance and evasion in the context of international and free movement of persons; capital; goods and services; which in itself needs an increasing cooperation between the tax authorities of different countries.
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The report provides a comparative analysis on the scope and limitations of the modern concept of privacy in the digital space in the legal systems of the EU and the United States. The influence of the European Court of Human Rights case law on the formation of the concept of privacy in the EU is emphasized. Attention is focused on the specifics of the perception of privacy and data protection in the legal systems; which affects the approach to regulating the digital space as a whole.
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The right to independent and impartial court is the essence of the right to due process under Article 6 ECHR. In the early twentieth century in Bulgaria the judge Anton Kableshkov brings to the fore some timeless truths about the role of independent justice for the protection of individual rights and freedoms and for overcoming the crises in society. Nevertheless; the independency of judiciary continues to be a neuralgic point of Bulgarian constitutional system. This article explores and renders systematic the case of the ECtHR with a view to in-depth consideration of the contemporary standards for independent and impartial court within the protection of human rights. In the course of the analysis; it is concluded that all the advance normative and institutional guarantees are not sufficient on their own and do not remove the need to assess and protect the right to independent and impartial court in each individual case.
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In the paper the author analyses the references that the Constitutional court of the Republic of Bulgaria makes in its latest case-law to the European Convention for the protection of human rights and fundamental freedoms (in the acts of the Court from the year 2020 to this day). The importance of the Convention is emphasized as a standard for the national legislation in the matter of fundamental rights.
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Under consideration in the article is the legal regulation regarding the protection of national minorities; adopted in the framework of the Council of Europe. The evolution of the drafting of the Framework convention for the protection of national minorities is outlined as well as under consideration is the issue that the framework Convention contains no definition of the notion of „national minority“; with regard to which there was no agreement between the Member States of the Council of Europe.
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The review of the case-law on the application of the court proceedings under Art. 127a; para. 2-4 of the Family Code establishes contradictory permits; leading mostly to a slow course of the court proceedings and the lack of predictability of the outcome. In this way; the best interests of the child cannot be guaranteed. In this regard; the Bulgarian case law has been criticized in the case of Penchevi v. Bulgaria (application no. 77818/12; final judgment of 10.5.2015). In view of the identified problems in the application of the legal framework; according to the author; a legislative change in the regulation of court proceedings is required.
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The report makes an overview of the acts of the Council of Europe; which influence the criminal legislation of the member states. As the Republic of Bulgaria is a member of the Council of Europe since 1992; it is important to clarify the system of legal instruments for combatting terrorism in order to understand the national criminal law prevention of terrorism; on one hand; and as the primary source of the current model of counter terrorism in the European Union.
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The report makes an overview of the acts of the Council of Europe; which influence the criminal legislation of the member states. As the Republic of Bulgaria is a member of the Council of Europe since 1992; it is important to clarify the system of legal instruments for combatting terrorism in order to understand the national criminal law prevention of terrorism; on one hand; and as the primary source of the current model of counter terrorism in the European Union.How has the 30-year membership of our country in the Council of Europe affected the Bulgarian rule-making process? Has our national legislation become more compliant with the human rights protection standards set by the Council of Europe after 5 and a half years of regulatory reform? What does the preliminary compliance check of our draft laws with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights mean and does it have a ground in our country? These are some of the questions this report seeks to answer.
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As one of the engines for the development of the civilization; Europe has always been characterized by the joint efforts of the continents countries to achieve greater unity in the region; while respecting the shared core values of pluralistic democracy; human rights and the rule of law. The Council of Europe and the European Union - two independent international organizations with different but complementary roles - share these core values. In the context of the common desire to achieve unity in the realization of the ideals of a common democratic heritage; the dynamics in the relations between the Council of Europe and the European Union in the field of bilateral political dialogue and legal cooperation are increasingly emerging.
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Juvenile offenders do not lose and should not lose their right to be treated as children. It is no coincidence that a wide range of their rights are enshrined in acts of the Council of Europe. Punishment is not always the best approach to rehabilitating young offenders and reintegrating them into society. In many cases; it is appropriate and necessary to implement alternative measures that are not in conflict; but more fully guarantee the rights of juvenile offenders; such as restorative justice.
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Capital companies are the dominant organizational and legal form of Polish enterprises. The issue of performing legal actions by commercial law companies is one of the most important political issues of these entities, which makes company representation one of the most up-to-date aspects of private law. The author analyses the questions concerning the issue of contractual admissibility or statutory differentiation of representation of the enterprise by the members of the board in terms of its entity and subject matter, as well as the effectiveness of such restrictions against third parties.
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The need to protect fragrances as trademarks has been present on the market. Under applicable EU and national regulations, registration of this type of trademark is theoretically acceptable. The article discusses the changes in the definition of a trademark due to the use of modern technologies and the need to adapt them to the internet age. The key rulings for registering an fragrance as a trademark are cases: Sieckmann (C-273/00) and Eden SARL (T-305/04). Within their context, the author analyses the methods to present a fragrance, which require specialist knowledge and tools, for instance, sending a fragrance in electronic form so as to make its identification possible.
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