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Th is paper aims to present a brief analysis about case-law regarding consumer protection, regarding the cases concerning the finding that a term defining the mechanism for setting the variable interest rate is unfair. One year after the ECJ judgment in the case C-269/19 it is necessary to go through the solutions of the courts to verify the efficiency or inefficiency of this judgment which was intended to resolve the issue of interpretation of Article 6 (1) of Council Directive 93/13/EEC.
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While previously the accountability principle was an implicit requirement of data protection law, in the current regulation it has become a cornerstone of effective personal data protection. This principle ensures that throughout the processing of personal data, organisations take responsibility for adequately protecting the confidentiality and security of the personal data they process. Thus, under the GDPR organisations must implement appropriate technical and organisational measures to ensure and demonstrate that they comply with the principles set out in the new regulation which represents a major challenge for companies.
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This article is intended to be an x-ray of the main instrument of judicial cooperation in criminal matters – the European arrest warrant. Although it was considered a completely innovative mechanism, in a paradigm of inefficient judicial cooperation, its operability created from the very beginning the premises of a tense relationship with fundamental rights. This relationship was, moreover, a risk predicted and assumed by the European legislator. The evolution of the substantive and procedural criminal law systems of the Member States and, at the same time, the continuous metamorphosis of the challenges to which European judicial cooperation in criminal matters has been called upon to respond, would reveal the true nuances of the impact of the two major constants of European criminal law: trust and mutual recognition, respectively the system of guarantees of fundamental rights.
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The article examines the right of every citizen to dispose of their property free of charge after death and its restriction through the right of descendants, parents and spouse of a reserved part of the inheritance. In the analysis of this right in the cases of inheritance of a commercial enterprise, company shares, stocks, bonds, it is concluded that it can create tension between legal heirs, testamentary heirs and gifted persons. What is special about this conflict is that the rights of other people will be affected – the companies and other partners in them, I would even say, and the public interest. I therefore propose that the current model be repealed and that the model of providing part of the inheritance to heirs according to their needs be adopted in its place.
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The article points out contradictions in the interpretation and application of the following legal concepts “law for a heavily punishable crime”, “law for a lightly punishable crime”, “law for equally punishable crime“ and “law for the same crime“ when the charge gets amended in relation to a new form of complicity. The author shows the root of the problem and offers a solution. In the majority of the cases there is no “application of a law for a more serious criminal offense“ and amendment of indictment is notnecessary, but there are also cases in which it is necessary to amend the indictment in relation to “application of a law for a more serious criminal offense“.
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Digital economy, namely the economy that uses digital technologies, raises many challenges to the public finances of States, due to the ability of the latter to find solutions for identifying and taxing revenues. Fiscal administrations cannot be left out of the digital revolution, but must be reformed in order to be able to use the tools made available by information technology, which have the capacity to contribute both to streamlining the activity of the fiscal administrations and to streamlining the activity of the taxpayers. Digitalization can contribute to a better relationship between the taxpayer and the fiscal administration, so as to increase the compliance with the fiscal legislation and, ultimately, it can lead to a better fiscal administration.
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It has been found in judicial practice that there is no unitary view on the possibility of the court invested with a request to replace fines with work for the benefit of the community to invoke ex officio the prescription of enforcement of the claim consisting in the tax fine, which began to run after in force of the new Civil Code.Regarding the prescriptions started under the rule of Decree-Law no. 167/1958 there is no such divergence of opinions, considering that this normative act established the obligation of the court to invoke ex officio the extinctive prescription.In the case of prescriptions started under the new Civil Code, however, given the change in the concept of the legislator, which prohibits the invocation of the extinct prescription ex officio by the court, this issue arose as a result of trying to reconcile the provisions of private law contained in the new law. Civil Code with the norms of public law in contravention matters.
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The overall assessment of the tax reliefs in the Republic of Bulgaria and Russia provides the basis for the development of the main directions in the taxes amnesty in the system of taxes and financial lawinthe Bulgarian legislation.
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A legal definition of ‘main employment contract’ is conducted in & 4d of the Additional Provisions of the Higher Education Act (HEA), the latter being one of the hypotheses of the main employment relationship in general, e.g. a relationship that arise by virtue of an employment contract concluded between the parties. HEA, prima facie, perceives the duration of the employment contract as leading to the recognition of its supplement as main or additional. The latter differs significantly from the wellknown definition of ‘main employment relationship’ contained in & 1, item 12 of the Labour Code, which in its turn constructs another preliminary criterion for discerning main from sideline employment contracts, e.g. the exact moment those are concluded between the employee and the employer. Attempts to interpret the two provisions above in relation to each other (as specific to genaral), in cases where employment contracts are concluded with academic staff, often result in ambiguous understanding and/or contradictions.
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The article aims to reveal the essence of legal principles and in particular to focus on three of the principles applicable in the field of personal data protection – lawfulness, fairness and transparency. The basics of the considered principles within the administrative law science and the executive activity from the perspective of the Bulgarian and European legislation are studied. Conclusions are reached about the importance of the problem in practice, due to the high penalties applicable in cases of data breaches by controllers and processors.
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The section contains a selection of the most important decisions of the Romanian Constitutional Court. The decisions are summarized and grouped by law subjects. The Official Gazette in which the decisions have been published is indicated, as well as the contested legislation and the pronounced solutions.
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The section contains a selection of the most important decisions of the European Court of Human Rights. The decisions are summarized and the legislation invoked by the applicants, the rights allegedly violated, the Chamber and the pronounced solutions are indicated.
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The section contains a selection of the most important decisions of the Court of Justice of the European Union. The decisions are summarized and also the type of action, the main provisions invoked, the context, the law issues which have been raised, the conclusion of the case and previous decisions relevant to the case are indicated.
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Seafarer’s social security and safety represents a complex task in a highly internationalized work field, such as the maritime sector. Differences between national coverage systems for social security and the possible consequences of the non-existence of such a system are addressed by the Maritime Labour Convention 2006 (MLC 2006). By virtue of the same provisions, seafarers benefit from the right to medical treatment on board of the ship and on shore, the right to be compensated for the expenses generated by diseases, accidents or death, and wage payments corresponding to these periods. The right to safety at work, as well as seafarers' access to shore-based facilities are also recognized. Member States bear a series of obligations including enacting appropriate laws and measures for effective implementation on board vessels sailing national flags. The Convention is considering the inter-related obligations of national administrations, flag States and Member States in general. A number of difficult issues, such as the incidence of more social security laws, can find solution through international cooperation mechanisms.
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The Constitution embodies the experience gained and bears the traces of tradition, at the same time it brings and gives perspectives for development. The ability of a constitution to endure the amendments, to grow up with the practice of its application and interpretation is in service of its purpose –to be an instrument for government which is restricted and controlled by the means of democracy. However, it is a manifestation of the very essence of the Constitution as a social contract and a supreme law.
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The Constitution of the Republic of Bulgaria provides for a special, complex procedure for its amendments, maintaining the requirement that the adoption of a new basic law or a substantial change in the current one can be carried out only by the Grand National Assembly. Taking into account the extremely complicated procedures and highly qualified majorities, both for convening the Grand National Assembly and for adopting its acts, the statement below concludes that the terms and conditions for amending the current constitution are regulated in a way that strongly guaranteeing its stability. This is especially true of the Grand National Assembly, which can be defined as a special guarantor and defender of the Constitution of the Republic of Bulgaria.
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The article is dedicated to the direct access of citizens to constitutional justice. The author outlines the genesis and the main characteristics of the constitutional complaint. The emphasis is put on the current state of the Bulgarian debate on direct access of citizens to constitutional justice and on the regulation of the constitutional complaint in comparative perspective. The author makes as well a critical analysis on an unsuccessful legislative initiative for an introduction of a constitutional complaint procedure in the Bulgarian legal order
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The article examines and presents the socio-historical factors during the adoption of the current Constitution of the Republic of Bulgaria. The public debate on its adoption and the proposals of the "round table" on the basic principles of constitutionalism.
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Viruses, ransomware, phishing attacks, surface web, deep web, dark web, hacking, breaking, breaching, cybercrime, identity theft, cryptocurrencies, money laundering - these are just a few words that have entered the usual vocabulary of many people, whether they are victims of illegal practices, or they benefit from the naivete or inattention of the victims and, not infrequently, from their greed. Many of these words have a common denominator: they indicate illegal activities, mostly, carried out online. These illicit activities have created a real economy, free in the textual sense and as explicit as possible of the word, because it offers and buys literally almost anything, from weapons and drugs, to study documents, personal data, bank accounts and, however incredible and even sinister it may seem, there is a room for “recreation” for pedophiles or for people with universally sanctioned “tastes” and “appetites” at the societal level.
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