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European Environmental Law is a relatively new field. It has developed primarily under two European bodies: the Council of Europe and the European Community. The most important European Environment protection laws are the Berne Convention on the Conservation of European Wildlife and Natural Habitats and the European Community Directive on the Conservation of Natural Habitats and Wild Flora and Fauna of 1992 (CEO) 92/43/EEC. The European Union, unlike the Council of Europe, possesses extensive legislative, judicial and executive powers within its areas of competence. Article 130r-t of SEA inserted in the amended Treaty of Rome by the SEA grants general jurisdiction in all areas of environmental concern. Bulgaria is a European Union associated member. For this reason EU Environmental law should have a substantial import for Bulgaria. By adopting EU standards and harmonizing environmental laws which is required of all new Community members, Bulgaria would demonstrate fitness for EU entry. The analysis of operative legislation and judicial practice in safeguarding the environment in Bulgaria discloses purely judicial aspects of this problem of great importance. Special attention should be paid to its reflection on public opinion. The results of several legal-sociological research conducted during 1990 2000 are reported in the article. Special attention has been paid to the legal means for protecting the air, water and forests from pollution in the context of EU Environmental Law standards.
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The article of Prof. Bourgoignie examines the impact of European consumer protection law on the national legislation of the EU member states. It regards the latter as influenced by the two trends in European legal integration: the "negative harmonization" or elimination of quantitative restrictions on imports and all measures of equivalent effect as well as barriers to trade on the one hand and the "positive harmonization" or approximation of legislation. Examples of both types of harmonization are provided by reference to the relevant ECJ on the other cases, secondary legislation and other documents related to the consumer protection policy on European level.
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The Law on amendment and complement of Commercial Law of Bulgaria issued in 2000 has the purpose to approximate the Bulgarian legislation with the directives of the European Union. In Europe, including the EU member states there is no identical concept of the admission of redemption of shares. Most countries adopt this process under certain circumstances and other countries restrain of it despite their obligation to implement the Second Directive of the EU. This study considers the development of redemption of shares so as to regulate in Germany, France, England, the USA, Belgium, Holland, Italy, Greece, Switzerland, Sweden. The Second Directive 77/91 of the Community is taken into account. It regulates the conditions and legal regime of redemption of shares in the cases when the laws of the member states permit their shareholders' companies to redempty their own shares. A Comparative analysis is made on the basis of the Bulgarian and the European legal regulation of redemption of shares. The author concludes that generally the new Bulgarian legislation is in accordance with the legal requirements contained in the Second directive of the European Unity. In our country as in united Europe the redemption of shares is an exception. Both European and Bulgarian laws stipulate that redemption of shares is always permitted when it is established in by - laws of the shareholders' company and when all legal requirements are observed. It could be said that our law determines more fully the conditions under which redemption of shares is permitted. In this way in practice the exception is transformed into a rule and for that reason it can be accepted that redemption of shares is determined by the law.
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The attempts to improve the quality of the civil service via application of release-from-service regulations have to be looked at with a view to the broader objectives of the new Civil Servants Law (CSL) and the standards of European law. The court appeals against illegal administrative acts concerning civil servants status very often are caused by errors and misinterpretations of the transitional introduction into effect of the Civil Servants Law, and - in particular- by an the incorrect application of the Article 12 of that law. The provisions of the Article 12 of CSL are under the title "Probationary Period". In accordance with them when a candidate is appointed for the first time for civil service position, the appointment authority may terminate the service relationship without advance notice in 6-month period upon the appointment. In interpretation and application of the Article 12 CSL by the administrative authorities and courts are possible certain errors, which appear as grounds for many judicial disputes, as follows: ü Misunderstanding of the goal of Article 12; ü Inappropriate use of Article 12 as a transitional law regulation; ü Unreasonable mixing of the application of para 3 of Transitional and Concluding Regulations of CSL with Article 12 CSL; ü Wrong interpretation of the term "civil service"; a m is taken replacement of the meaning of "civil service" with "service relationship"; ü The civil service relationships in accordance with Civil Servants Law are not following up necessarily the employment relationships which have existed before in accordance with the Labour Code; ü Differences in the court interpretation of the acts of the administrative authority of appointment or release of an official from service, involving "a silent approval" or "a silent denial".
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The article analyses German choice-of-law rules, adopted in German BGB by the laws from 1986 for the new regulation of German Private International Law and the rules, adopted in 1999 and 2000. The influence of trends, typical for US conflict law and the Rome Convention of 1980 is underlined. The author believes, that in the future codification of Bulgarian Private International Law some of the good German examples of combining the typical European territorial orientation and the American "approach" orientation should be followed.
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The annulment under Art. 23 I of CCP has not been so radically affected by the civil procedure reform as the proceedings before the regular instances. The annulment procedure retained its basic characteristics as extraordinary control (instituted on grounds explicitly stipulated by the procedural code) over lower courts' decisions that have entered into force and rulings for termination of the proceedings. The new legal context established with the reform, however, has a repercussion on both the legal grounds for annulment and the application of the specific procedural rules thereof. An example of the above is the situation when a case is pending before the court of cassation where the party is not allowed to submit new statements and evidence even when the latter have not been known to it before the end of the oral pleadings before the appellate court. In order to present such statements and evidence in court the party has the alternative to either institute an annulment procedure under Art. 231 "a" of CCP, or present the evidence if and when the case is remanded for a new trial to be carried out by the appellate court under the provision of Art. 218-h of CCP. The situation is similar when the existence of certain relevant circumstances should be established first by a judgement of another court - either civil or criminal, and the proceedings before that other court have been instituted after the hearing of the case by the appellate court has finished. In such cases the proceedings before the court of cassation cannot be suspended under Art. 182, "d" of CCP in order to submit the mentioned circumstances so that the court when deciding on the merits could take it into consideration. The only way to do this is starting an annulment procedure under Art. 231 "a" of CCP. The situation is the same when a criminal offense has to be established prior to and for the purpose of the annulment procedures under Art. 231 "b" and "c" of CCP, by a criminal court sentence or by a civil court decision under Art. 97, par. 4 of CCP. The reform of civil procedure introduced new grounds for annulment those stipulated in the provisions of subparagraphs "e" and "h" of Art. 231 of CCP. The first provision concerns decisions of the cassation instance rendered in one and the same case by which the court of cassation overrides improper appellate instance decisions and returns the case with mandatory orders on the application of substantial law or/and procedural rules. When the orders in the different cassation decisions are contradictory the annulment of the wrong cassation decision together with giving the proper mandatory orders, will lead to the achievement of uniform application of the law and to the rending of a final decision of the case concerned...
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In 1996 Parliament passed the Law on Agricultural lease and the Bulgarian contract system introduced a new type of contract. Its basic ideas are influenced by German legislation about agricultural lease. Still agricultural lease is a peculiar type of lease. The author probes into the similarities and differences between general contract of lease according to the Law on Obligations and Contracts and agricultural lease. Attention is paid to the formation and termination of contracts, rights and duties arising from both contracts. The differences are caused by the different object and goal of the parties to agricultural lease. As regards the legislative aim, according to the author it is to stimulate the effective use of agricultural land and premises.
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