We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
This report describes the regulations issued by the municipal council. A brief analysis is done of the concept for legal interest in contesting these acts, and the subjects having the authority to litigate the regulations issued by the municipal councils.
More...
The effective application of EU law is essential in order to guarantee European citizens and businesses the enjoyment of the benefits granted by it. The fact that Member States do not apply EU law correctly and effectively obstruct the achievement of key EU policy objectives. The purpose of the article bellow is, by analysing the current situation on Member states compliance with EU law, to outline the more frequent infringements, the main areas concerned, the effectiveness and the means to overcome the wrong application of EU law. Special attention is paid to Bulgaria’s performance in this area during the past 10 years of membership.
More...
The limited liability company is one of the most preferred legal forms in the economy. The question about its management and the role of the manager is the most important problem in the regulation and the juridical practice. This is the reason why in the publication the basic problems concerning the election, the activity and the exemption from manager service have been analyzed. The article examine the theoretical and the practical questions, which until now have not been subject of theoretical work and this will contribute to the development of the law. The article takes into account the newest legal regulation in our country – the limitation of the possibility of exoneration from responsibility, that is regulated in the new amendments of the Tax and Social Insurance Process Code.
More...
The study looks into some general issues related to mandatory (substantive) provisions in conflict of laws namely the concepts and terminology in their development comparing national legislations and the private international law doctrines. Special attention is paid to their relation to conflict of laws rules and to the ordre public exception. The main source of solutions to these problems is art.9 of the Rome I Regulation which is analyzed through the latest case-law of the European Court of Justice (Greece v.G. Nikiforidis; Unamar v. Navigation Maritime Bulgare; Ingmar GB Ltd v. Eaton Leonard Technologies Inc.).
More...
In the past ten years numerous amendments to the Bulgarian labour and social security legislation were adopted regarding the acquisition of the right of pension under Art. 68 and the following of the Social Insurance Code and its consequences for the employment relationship. The study deals with the legislation in force and some possibilities for its improvement.
More...
Thе current study explores the placement of a child in another country as a measure of protection and manifistation of child protection principle. It analyzes the scope of the concept 'placement' in Regulation No 2201/2003, the Hague Convention on Parental Responsibility and the application of the provisions in national practice (of the Republic of Bulgaria, of other Member States and of the Contracting States to the Hague Convention) and the Court of Justice of the European Union. In the course of the study, are made proposals for amendments in the provisions of Regulation (EC) No 2201/2003, and also are analyzed the proposed amendments in a draft amending it.
More...
Theory of law plays a significant part in the process of formation of modern legal systems in Europe for the last 150 years. The paper aims to present the commonalities and the divergences in the legal-theoretical tradition both in Europe and in Bulgaria.
More...
The article is dedicated to the problem of the bulgarian presidency of the EU council in the context of its social efficiency. The concept of EU Council presidency refers to the assumption by a member of the European Union of the responsibility for the general decisions of the Council of the European Union in all aspects of its work. An empirical legal-sociological study on the topic "Legal Awareness of Law Students on EU Council Presidency" was carried out within the framework of a project carried out by South East University – Law Faculty in Blagoevgrad and Institute for Legal Studies - BAS, in the period when the Republic of Bulgaria took over the Presidency together with Estonia and Austria. The report presents results of the survey.
More...
This article examines what is included in the term “personal data” in accordance with the General Regulation on Personal Data Protection, which is due to enter into force on 25 May 2018. The authors pay attention to the judgment of the Court of Justice of the European Union of 19 October 2016 in case C-582/14 Patrick Breyer v. Germany on whether a dynamic IP address could be personal data as well as the new Network and Information Security Directive.
More...
The report is aimed at presenting the principle of equality and non discrimination in the primary and secondary European union law with focus on the equal pay for equal work of men and women. Concise presentation of the transposition of this matter in the Bulgarian legislation is made, as well some imperfections to be avoided.
More...
This report is considering the european union's equality policies and their implementation in the Republic of Bulgaria.There is made an analysis of the european and Bulgarian strategic documents and normative acts,tracking their actual performance.
More...
One of biggest challenges of Private international law in the contemporary world is its “europeization” witch is dealing with the adoption of a number of mandatory for member states European law acts in this field. In principle the Private international law is characteristic with the complexity of legal regulation, theory and law implementation. However, after the admission of Republic of Bulgaria as a full EU member, the situation became more complicated. The supranational EU law only at first sight seems different, separate and independent of Private international law. Gradually the legal regulation of private relationships with international element moves from the primary EU legislation (contracts of EU creation and contracts of their amendment and supplement) to the secondary EU legislation (regulations, directives, decisions).These acts content norms of new generation. The aim of this paper is to analyze the impact of EU acts on the legal regulation of private relationships with international element and to make some conclusions.
More...
The present contribution deals briefly with the limitations to choice of law regarding contracts localized in one country or intra- European Union (I); the combination of a primary connection with an escape clause in Article 4 (II); the scope of application of Article 6 regarding consumer contracts concluded through the Internet (III) and the problem of applicability of overriding mandatory rules (IV).
More...
The report regards the reasons and principles for the avoidance of double taxation between two states. Taxes are imposed so that all the income and wealth of citizens and entities shall fall under the tax sovereignty of one state. The reason for exercising the fiscal power of the state is the existence of the state itself. This power should to be limited by principles established at the highest constitutional level so as to avoid any iniquity to taxpayers. In the field of the international tax law, these principles are limited territorially and personally so that to ensure the one-off taxation on income and wealth.
More...
The article considers the jurisdicition of the Bulgarian courts about the questions of torts and tort liability on the field of medical malpractice. The object of the article are cases, which were not shown to the public. The author has made conclusions on the basis of opinions of the jurisdiction, that has found their places in the decisions. There is publicated statistic about our and other countries. The greates contribution of the article are the analisis of the specific moments in the liability for medical practice and the many projects of decisions by resolving cases by the courts.
More...
It is regrettable to note that among all legal grounds for termination of the employment relationship by the employer with notice period, the one regulated in Art. 328, para 2 LC has probably the most confusing wording. The study aims to reveal the preconditions for exercising of this right and to provide de lege ferenda proposals for optimizing the text, which are necessary to overcome the difficulties in the practice.
More...
The number of arbitral cases increased drastically. This trend included also legal disputes that were not envisaged as capable of arbitrability initially. The legislation remained however the same and to some extent lacked scientific research. The paper analyzes this legislation and its interpretation and application in a constructive way, thus suggesting possible amendments.
More...
Non-proliferation treaty and agreements for the establishment of nuclear weapon free zones have been analyzed. Flexible non-proliferation legal mechanisms such as the Nuclear Suppliers Group, the Zangger Committee, the Proliferation Security Initiative, and UN Security Council Resolution 1540 have been explored. The role of the Republic of Bulgaria in the non-proliferation regime has been analysed.
More...
The study examines the issue of the liability of the commercial companies involved in the transformation process, the procedure for engaging this responsibility, as well as questions about the personal limits of the writ of execution in the context of the question of the realization of the liability under the enforcement procedure.
More...
The practice of the Supreme Court of Cassation is contradictory regarding the exact way in which an employer is obliged to motivate an order for dismissal upon termination of a labour contract under Art. 328, para. 1, item 5 of the Labour Code – whether it is sufficient to only list the qualities for efficient performance of the job which the employee does not possess, or a significantly more thorough and detailed argumentation by the employer is required. A considerable number of decisions of the Supreme Court of Cassation contradict each other and also in terms of resolving the problem whether a reason exists for dismissal under Art. 328, para. 1, item 6 of the Labour Code in several specific hypotheses, whose peculiarities are determined by the concrete way and moment in which requirements for education and professional qualification are established. The case-law is also controversial on the issue of the correlation between the grounds for dismissal under Art. 328, para. 1, item 6 and item 11 of the Labour Code.Furthermore, the practice of the Supreme Court of Cassation is contradictory and also in rulings of the court on the issue regarding the correlation between the grounds for dismissal under Art. 328, para. 1, item 6 and item 11 of the Labour Code. The legal problem is whether in this case there are two completely different grounds for termination of the employment contract by the employer, or the correlation between them is determined by an additional criterion, related to the concrete moment when the requirements for education and professional qualification are changed.
More...
