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Ръководство за наблюдение на принудително връщане

Author(s): Author Not Specified / Language(s): Bulgarian

The governance of migration flows largely depends on the development of an effective system for returning illegally staying foreigners. Forced return is seen as a "last resort" in the prevention of irregular migration and should be subject to the principles of proportionality and not exceeding reasonable force. In this regard, there is agreement that monitoring of return not only brings openness and clarity on the conditions and treatment, but represents an additional guarantee for the return of persons, including those with special protection needs. In this context, the introduction of an independent and effective monitoring mechanism is a key aspect for the development of the overall framework for forced return in accordance with Directive 2008/115/EC. The aim of the Handbook for forced return monitoring is to provide practical guidance and recommendations to independent observers and standardised report for forced return monitoring. This Handook is developed within the Annual Programme 2013 in scheme grants BG / RF (3) - 2013 "Forced return monitoring" by the Center for the Study of Democracy.

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Vulnerable Groups of Inmates. Country report - Belgium

Author(s): Nicola Giovannini,Malena Zingoni / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

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Vulnerable Groups of Inmates. Country report - Bulgaria

Author(s): Dimitar Markov,Maria Yordanova,Miryana Ilcheva,Maria Doichinova / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

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Vulnerable Groups of Inmates. Country report - Germany

Author(s): Martin von Borstel,Sven-Uwe Burkhardt,Christine M. Graebsch / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

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Vulnerable Groups of Inmates. Country report - Lithuania

Author(s): Gytis Andrulionis,Renata Giedrytė-Mačiulienė,Simonas Nikartas / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

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Vulnerable Groups of Inmates. Country report - Spain

Author(s): Alejandro Forero Cuéllar,María Celeste Tortosa,Iñaki Rivera Beiras,Josep M. García-Borés / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

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Анализ на правната рамка на подпомагането на избрани уязвими групи при взаимоотношенията им с институциите

Author(s): Miryana Ilcheva,Dimitar Markov / Language(s): Bulgarian

Within the framework of the initiative Civic organizations: a Guarantee for Equal Rights of Vulnerable Groups before the State of the Center for the Study of Democracy the legal analysis of the relations with institutions of four selected vulnerable groups – prisoners, persons, seeking special protection, and refugees, victims of trafficking and domestic violence – outlines the most common judicial and administrative procedures, in which they are involved. The elements of the proceedings are looked at, as well as the options to challenge the decisions of state authorities and the legal and practical mechanisms, by which NGOs can participate. Notably, in a number of areas the state relies substantially on civic organizations, while in others the relationship of institutions and NGOs is still being built.

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Съдебната реформа в България: Възможности за развитие на модерна система за регистрация

Author(s): Author Not Specified / Language(s): Bulgarian

The brochure was published for the workshop Reforming Judiciary in Bulgaria: Towards the Introduction of Modern Registration System held in September 2002. It contains the full text of the report on the opportunities for developing Central Register of Legal Entities and Electronic Registries Center in Bulgaria, developed by the CSD Task Force, presentation of the experience of Norway and other European countries as well as information on the operation of the European Business Register.

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Changes and Amendements to the Privatization Law Adopted by the National Assembly in June 1994

Author(s): Valentin Karabashev / Language(s): English

Bulgaria adopted its Privatization Law in 1992 - later than the other Central and Eastern European countries. (Actually, under the provisions of other Bulgarian governmental regulations, some privatization started before the adoption of the Law; however, most enterprises became eligible for privatization beginning in mid - 1992.) The Privatization Law favors capital privatization, i.e. sale, rather than free distribution of state property. This approach was accepted because of the belief that ownership should be transferred to persons with proper management skills and the ability to provide fresh investment.

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Drug Use in Bulgaria. National representative survey, December, 2002 – January, 2003

Author(s): Author Not Specified / Language(s): English

On March 14, 2003 the Center for the Study of Democracy hosted a round table on Public-Private Partnerships in Preventing Drug Abuse and Trafficking. Experts from government agencies and non-governmental organizations were invited to the discussion. Experts from the Working Group on the Abuse and Trafficking of Drugs at the Center for the Study of Democracy presented the results of the first national representative survey on drugs consumption in Bulgaria. Experts from the Sofia Directorate of Internal Affairs, the National Service for Combating Organized Crime, Customs Agency, National Council on Narcotics, Bulgarian Youth Red Cross and Free and Democratic Bulgaria Foundation took part in the discussion.

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E-Tools for Criminal Case Management within Selected EU Member States

Author(s): Author Not Specified / Language(s): English

In recent years, public authorities have begun to adopt several statutory reforms to incorporate ICT into everyday tasks of judicial systems’ actors. In the European sphere, the concept of e-justice has been mainly developed in justice administration. This publication provides comparative analysis of current practices of justice recordkeeping and the electronic tools for measuring the judicial system performance in Finland, Belgium, Greece, Italy, Spain, Germany, and England and Wales as well as an overview of the introduction of ICT in the judiciaries of Bulgaria and Poland.

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Национално изследване за престъпността 2008 година – резултати и тенденции

Author(s): Author Not Specified / Language(s): Bulgarian

In February 2008, the Vitosha Research study on victims of crime was completed. Vitosha Research has conducted such research annually since 2005. The aim of the study is to track downward trends in individual offenses (burglary, robbery, assaults, threats, etc.) as well as the extent to which the victims are willing to report the offenses committed against them. Another goal of the study was to trace victims' attitudes towards the police as a whole, their propensity to cooperate with law enforcement, and their general anxiety about the danger of crime. The study included special blocks devoted to two major societal problems - drug use and corruption among civil servants.

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ЖЕРТВИТЕ НА ПРЕСТЪПНОСТТА СРЕД НАСЕЛЕНИЕТО И БИЗНЕСМЕНИТЕ В БЪЛГАРИЯ

Author(s): Boyan Stankov / Language(s): Bulgarian

In 2000 Bulgaria conducted a survey of crime victims among the population and business people on the initiative of the Turin-based UN Interregional Crime and Justice Research Institute (UNICRI), using its methods (the ICVS 2000 and ICBS 2000 questionnaires, face-to-face interviews). The survey was carried out in Sofia. Overall, 1,505 people were willing to participate out of a sample of 1,700, and 532 business people out of a sample of 550. Data collection and processing was assigned to Vitosha Research, a joint contractor of Gallup Hungary. Dr Boyan Stankov was national coordinator of the survey.

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Зелен растеж и устойчиво развитие: приоритети за България

Author(s): Denitsa Mancheva,Stefan Karaboev,Ruslan Stefanov / Language(s): Bulgarian

The report reviews the green growth and sustainable development for Bulgaria. According to the authors, the current pattern of energy use in Bulgaria (including both households and industry) is unsound. The country’s energy intensity is striking, when compared to other European countries, thus, Bulgaria’s overriding priority is stimulating energy efficiency by sufficiently utilizing EU funds. Measures to boost energy efficiency mean more jobs and revenues for Bulgarian SMEs, while measures promoting energy savings mean utilizing the existing capacity at a low or no extra cost

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INDEX DE SURVEILLANCE DES CONDITIONS DE DÉTENTION. Méthodologie et résultats de l’application pilote

Author(s): Dimitar Markov,Maria Doichinova / Language(s): French

International organisations, national governments and human rights NGOs exercise various types of monitoring of the penitentiary systems. In order to quantify their results, there are some generally accepted indicators (such as the number of inmates per 100.000 citizens), but in many specific areas like healthcare, employment, security and safety, such indicators have never been applied. Therefore, those monitoring efforts will substantially benefit from an instrument capable of supplying comparable and easy-to-use data on the situation in prisons. To address this need, the Center for the Study of Democracy, in cooperation with the Dortmund University of Applied Sciences and Arts, the Observatory on the Penal System and Human Rights with the University of Barcelona, the Law Institute of Lithuania and Association Droit au Droit, developed a Prison Conditions Monitoring Index (PCMI) – a system of indicators translating into comparable figures the situation in different prisons. In the end of 2014, the PCMI was piloted in several prisons in Bulgaria, Germany and Lithuania to test its operability and analyse the potential use of the results it generates. The present report elaborates on the methodology underlying the PCMI and offers a summary of the results of its pilot implementation. It is intended for a broad audience of readers including policy makers, prison staff, lawyers, social workers, academics and NGOs interested in the topic of prison monitoring.

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Институционални индикатори за управление на делата в наказателното правосъдие

Author(s): Author Not Specified / Language(s): Bulgarian

The present white paper summarises the main findings of the Justice Sector Institutional Indicators for Criminal Case Management study. It puts forward the main problems which EU countries face in measuring justice system performance – there is no single assessment model and many countries are still in the experimental phase. Besides the legal accountability mechanisms courts tend to be a subject of managerial accountability. Despite the different approaches followed by the studied EU member states and the lack of a leading assessment methodology, certain indicators as caseload, duration of the procedure, available resources per number of cases can be distinguished as best practice.

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Копенхаген 2009: България, двойкаджията-отличник?

Author(s): Author Not Specified / Language(s): Bulgarian

Reaching an agreement at the Copenhagen conference on climate change starting on 7 December 2009 will be tough. Everyone is a sinner in a way: (1) the main advocates of binding agreement on climate change such as the European countries (EU plus Norway) and Japan are big emitters, taken together; (2) the main suspects - US and China are the biggest emitters, each in its own different way and are seen as dragging their feet over target agreements; (3) the rest are falling in between with less access to novel technologies and gaping inefficiencies in their economies. Bulgaria has evidently fulfilled its target commitments under Kyoto and it is a small emitter. Nevertheless, Bulgaria remains more carbon-intensive than China as per capita and than US as per GDP. Its inefficient economy, however, holds considerable potential for a greener future. This is particularly true for its industry. Bulgaria needs to take decisive actions in improving the energy efficiency of its industrial and energy production and in introducing green technologies and further measures for sustainable consumer behavior. But how much is it willing to pay for it?

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Енергийна (не)сигурност: решението на българския парламент за Южен поток засилва рисковете пред националната енергийна политика. Медийна бележка

Author(s): Author Not Specified / Language(s): Bulgarian

The decision of the Bulgarian Parliament from 4 April 2014 to adopt at first reading the amendments in the Energy Law, which grants South Stream special status highlights the lack of logic in the national energy policy and compounds the impression that public interest is not the driving force behind the proposed changes. The decision and the manner, in which it was taken, reveal some of the most serious problems in Bulgaria’s energy policy in terms of bad governance and corruption.The adopted amendments at first reading to the Energy Law demonstrate yet again the risks of state capture by third-party interests, which do not correspond or even contradict the public interest. The real problems, which Bulgarian society faces on a daily basis, such as energy poverty, high energy prices, and low diversification and energy efficiency receive only a fraction of the attention, in terms of institutional and policy-making focus, compared to projects such as South Stream. What is even more alarming is that the recent actions of the ruling majority take place in the context of increasing geostrategic insecurity and danger of confrontation, which further exacerbate the risks deriving from such decisions.

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PEINES AMBULATOIRES: UNE ALTERNATIVE A L’EMPRISONNEMENT DANS L’UNION EUROPEENNE?

Author(s): Christine M. Graebsch,Sven-Uwe Burkhardt / Language(s): French

The issue of imprisonment vs. alternative penalties has been debated in various European countries during the last decades, and ambulant sanctions have been heavily on the rise. Community sentences and other alternatives to imprisonment are regarded as modern instruments for the rehabilitation of offenders. The objective of the present study is to examine the scope of application of penalties without deprivation of liberty as compared to imprisonment as well as to identify promising practices of alternative criminal sanctioning in Belgium, Bulgaria, Germany, Spain and Lithuania. As this study covers several European countries, the comparative perspective suggests itself nearly as a matter of course. In this connection, it seems reasonable to describe the existing ambulant sanctions of the different member states involved, taking into account their legal arrangement and their relation within the system of penal sanctions including their relation to the deprivation of liberty. It in addition appears sensible to describe and compare these ambulant sanctions with reference to their contribution to the re-socialisation or rehabilitation of those subjected to them as well as with special attention to the involvement of civil society in their execution. In a further step, promising practices in connection with ambulant sanctions could be highlighted which may be recommended for imitation by other member states. Such an approach proves to be impossible for multiple reasons, though, and it would be inadequate just to make such an attempt. There are exemplary references to ambulant sanctions in Belgium, Bulgaria, Germany, Lithuania and Spain. This is due to the fact that scientists from these countries have taken part in the realisation of this project but not necessarily because of specific outstanding features of their sanction systems in comparison with other member states.

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ПОДОБРЯВАНЕ НА ЗАЩИТАТА НА ПРАВАТА НА ПОСТРАДАЛИТЕ ОТ ПРЕСТЪПЛЕНИЯ: ДОСТЪП ДО ПРАВНА ПОМОЩ. Изследване на правната рамка и добрите практики. НАЦИОНАЛЕН ДОКЛАД – БЪЛГАРИЯ, декември 2013

Author(s): Author Not Specified / Language(s): Bulgarian

The report explores whether the victims of crime receive sufficient information about their legal situation, who is entitled to legal aid and what its scope and extent is. The document also relates the opinions of various institutional, private and NGO stakeholders, approached by CSD researchers, on the situation of victims, as regards their access to legal aid and advice. A number of recommendations are given as to the improvement of the legislative and practical framework of legal aid to victims. The national report on legal aid for victims of crime was prepared within the framework of the Improving Protection of Victim’s Rights: Access to Legal Aid initiative.

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