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Перспективи за развитие на електронното управление в общинската администрация

Author(s): Mariyana Anastasova-Tumbakova / Language(s): Bulgarian Issue: XIV/2016

The e-administration is the administration in electronic environment of legal relations, administrative procedures, user services. The report analyses the use of informational, statistical and mathematical models and methods of data processing, information and knowledge handling which ensure much higher level of administration efficiency.

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Конституционното право на защита на правата

Author(s): Natasha Tseneva / Language(s): Bulgarian Issue: XIV/2016

The Constitution guarantees the protection of human rights, giving the main mechanisms. The basic constitutional guarantee in norm 56 and its main characteristics are analized. The Ombudsman, who is an important figure in protection of human rights, is authorized by the Constitution to appeal to Constitutional Court when a law breaks the human rights. These opportunities should enlarge its scope and include international treaties also.

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Децентрализацията като тенденция в развитието на европейския модел на конституционно правосъдие

Author(s): Rayna Georgieva / Language(s): Bulgarian Issue: XIV/2016

The report is aimed at pointing out of the three main aspects in which considerably there could be decentralization in relation to the concrete control for constitutionality within the European model and the factors, under the influence of which this tendency has developed, without treating the relationship between the constitutional courts and the supranational jurisdictions.

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Приносът на кредитора за настъпване на неизпълнението на договора в римското частно право

Author(s): Andrean Slavchev / Language(s): Bulgarian Issue: XIV/2016

This report addresses the issue of the creditor’s contributory negligence in contract law and its solution in Roman private law. Тhe main fragment of the Digests is analyzed, which is fundamentally important to determine the legal consequences of contract non-performance and divergences from this rule. It is also stated that at present in certain legal systems Digest’s main rule still applies.

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Реч на омразата и свободата на словото. Практика на ЕСПЧ и развитие на българската съдебна практика

Author(s): Simona Veleva / Language(s): Bulgarian Issue: XIV/2016

The report provides definition and analysis of the term „hate speech“ as a limitation of the freedom of speech. It evaluates the matter in the light of the Bulgarian legislation and the case law of the ECHR and summarizes the development of Bulgarian case law.

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Правни аспекти на действието на правото на ЕС според конституциите на държавите-членки

Author(s): Andon Tashukov / Language(s): Bulgarian Issue: XIV/2016

The Constitutions of EU’s Member-states are the supreme national law, governing the effects of the domestic law. Their sanction is of utmost importance of EU’s applicability as well. As some of the Constitutions ensure the primacy of EU law, others under certain limits, give primacy to domestic legislation, while thirds tacitly accept it. The aim of this paper is the review the constitutional basis of EU’s principle of primacy.

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Международна правна помощ по наказателни дела. Следствени поръчки във фазата на досъдебното производство между държавите-членки на ЕС

Author(s): Vladimir Valev / Language(s): Bulgarian Issue: XIV/2016

This article explores the oldest means of legal cooperation between countries in the fight against crime. Attention is paid to the procedure itself the execution of requests for legal assistance in practical terms, as well as Bulgaria has requested state and when praying. Discusses the various forms of legal assistance and the consequences of their implementation.

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Понятието „Национална идентичност“ в правото на Европейския съюз

Author(s): Dimitar Angelov / Language(s): Bulgarian Issue: XIV/2016

The present report aims to analyze the concept of “national identity” in the context of EU Law. The main emphasis is placed on the question whether the European Court of Justice (the ECJ) has jurisdiction to determine autonomously the scope and the content of Member State’s “national identities”, which, under Article 4 (2) TEU, the Union has duty to respect.

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Съдът на ЕС като двигател на европейската интеграция с оглед на утвърждаването на основни принципи на правото на ЕС

Author(s): Petar Vasilev / Language(s): Bulgarian Issue: XIV/2016

The main features of EU law аre derived from the jurisprudence of the Union. The Court of Justice identified the main principles of European construction. This report examines five of them, namely direct effect, primacy of Union law, expanding beyond the competences explicitly regulated in the Treaties constitutional status of European Union law and mutual recognition.

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ПРЕОБРАЗУВАНЕТО НА ТЪРГОВСКИ ДРУЖЕСТВА ЧРЕЗ ПРОМЯНА НА ПРАВНАТА ФОРМА И ЕВРОПЕЙСКОТО ДРУЖЕСТВЕНО ПРАВО

Author(s): Dimitar Dimov / Language(s): Bulgarian Issue: XIII/2015

Company law is one of the areas of Community Law where a highest degree of harmonization has been achieved, including - with respect to the possibilities for corporate mobility of commercial entities (companies) – both on domestic and crossborder level. Despite the existence of a European legal framework applicable to most type of reorganizations (mergers and divisions), at present the legislative regulation of one of the major mechanisms for corporate reorganization, namely – transformation of companies through change of their legal form, still lies entirely within the discretion of the separate member states. Differences in legislative approach adopted by each specific state towards transformation of companies via change of legal form, reasonably raise the question for necessity of a legislative regulation on a Community level.

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ОСОБЕНОСТИ НА ПРОЦЕДУРАТА ПО ПРЕКРАТЯВАНЕ НА МЕЖДУНАРОДНИ ДОГОВОРИ

Author(s): Victor Serafimov / Language(s): Bulgarian Issue: XIII/2015

Terminating of international treaties that have been dully concluded and consequently – ratified or confirmed by Bulgaria is a procedure that has been stipulated in the Constitution of Bulgaria and the International treaties Act. The topic has also been explored by the Constitutional Court of Bulgaria. These acts have generally set up the international treaties terminating procedure. The present study explores the separation of powers between the Parliament and the Government of Bulgaria.

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ЕВРОПЕЙСКА ЗАПОВЕД ЗА АРЕСТ

Author(s): Vladimir Valev / Language(s): Bulgarian Issue: XIII/2015

This article refers to the new form of legal Cooperation- Еuropean аrrest warrant. Attention is paid to the procedure itself execute the EAW, and the different grounds for refusal of its application. An analysis of the Commission's reports on the application of the EAW and statistics of cases EAW in Bulgaria.

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СВОБОДА НА ДВИЖЕНИЕ НА ЛИЦАТА СЪС СТАТУТ НА БЕЖАНЕЦ

Author(s): Nadia Nedyalkova-Popova / Language(s): Bulgarian Issue: XIII/2015

Each state is required to provide to refugees, staying lawfully in its territory, the right to choose their residence and to move freely within its territory, in accordance with the provisions generally applying to foreigners under the same circumstances. States are obliged to issue identity documents to any refugee, lawfully residing in their territory, who does not possess valid travel document, and documents to travel outside that territory, except where important reasons of national security or public order require otherwise.

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ПРАВОТО НА СВОБОДНО ДВИЖЕНИЕ НА ГРАЖДАНИ НА ЕВРОПЕЙСКИЯ СЪЮЗ В КОНТЕКСТА НА РЕШЕНИЯТА НА СЪДА НА ЕС ПО ПРЕЮДИЦИАЛНИ ЗАПИТВАНИЯ, ОТПРАВЕНИ ОТ БЪЛГАРСКИ ЮРИСДИКЦИИ

Author(s): Petar Vasilev / Language(s): Bulgarian Issue: XIII/2015

European justice is shared between national and Community courts. Between Bulgarian courts and the Court of Justice has established a mechanism for connection by the institute of preliminary ruling. Within the scientific report will be considered decisions of the Court of Justice preliminary rulings of the Bulgarian courts concerning the question of the right of free movement of EU citizens.

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Производство по отказ за изпълнение на съдебно решение на държава членка на Европейския съюз по Регламент (ЕС) № 1215/2012 пред българските съдилища

Author(s): Tanya Gradinarova / Language(s): Bulgarian Issue: XVI/2017

This report aims to create a discussion regarding some of the problems that arise in the proceedings for refusal of the enforcement of a judgement under Regulation (EU) No 1215/2012, as well as to provide some suggestions de lege ferenda.

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Тенденции и предизвикателства пред трудовото и осигурителното законодателство - десет години след членството на Р. България в ЕС

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian Issue: XVI/2017

The report analyses the development process of the labour and social insurance law in the Republic of Bulgaria in the period after the realized membership in the European Union. The accent is put on the legislative amendments of these two legal branches related to the transposition of norms and principles of the European law into the national legislation. On base of this retrospective analysis the authors make recommendations and trace the tendencies in the Bulgarian legislative development of the examined sphere.

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Усъвършенстване на правната уредба на професионалната квалификация, образованието и обучението в съответствие с политиките за обучение на възрастни в Европейския съюз

Author(s): Hristo Banov / Language(s): Bulgarian Issue: XVI/2017

The results from two especially significant research studies conducted and announced over the past four years in the field of adult learning provide an opportunity to reach a number of important conclusions on the state of adult learning policies both in the European Union and hence, even more important to us – in Bulgaria. This, in turn, highlights the need for improvements in the Bulgarian legislation in the area under consideration.

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Ангажираността на Европейския съюз към мира в Западните Балкани

Author(s): Stoyan Memtsov / Language(s): Bulgarian Issue: XVI/2017

The purpose of this article is to analyze the intervention of the European Union in the states of Former Yugoslavia with the purpose of protecting the peace and establishing the rule of law trough the work of the Badinter Commission and the still present in Kosovo EULEX mission.

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Граници на дискреционната власт

Author(s): Maria Slavova / Language(s): Bulgarian Issue: XVI/2017

The exercise of discretionary power identifies normative and practical constrains of the activity of administration and the consequences of discretion for personal liberties. Some of the legal principles, envisaged by the Law, may act as inner constrains, but the practical constrains, as outer limits, are of supreme importance for the liability of the state and the local powers.

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Ново или допълнено виждане на СЕС относно понятието за „национална юрисдикция” по чл. 267 на ДФЕС (Изводи от едно от най-важните български преюдициални запитвания – дело Белов, C‑394/11)

Author(s): Atanas Semov / Language(s): Bulgarian Issue: XVI/2017

The article focuses on the important practical issue on the competence of the Commission for the protection against discrimination to request the Court of the EU to give preliminary rulings, on the example of the case “Belov”. The conclusion is made on the heterogeneous case-law of the Court and an approach case-by-case.

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