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Overcoming the global financial and economic crisis, the European Union requires extensive and decisive action to reform the Economic and Monetary Union by establishing a single supervisory mechanism for banks, a common system of deposit protection, integrated management of banking crises, strengthening the institutional capacity of the European Union ruled budgets of the Member States etc.
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The text is focussed on the results of restrictive measures of the Bulgarian state aiming at avoiding ‘Islamic threat’ . The dynamic of the attitudes and the degrees of socialization of the society of Gipsy Salafi in the town of Pazardzhik are followed. For 8 year in the town court cases have been held popularly denoted as ‘cases for radical Islam’. The conclusion of the author based on several years of qualitative and quantitative research demonstrate that there is direct dependence between the religious zeal and increase in its external attributes on one side and the degree of pressure which is systematically implemented by the state and society upon this society on the other side. The strong religiosity does not favour (up to now) extreme behaviour but it would not be stated with certainty that this tendency would be valid in the future for the next generations. It would not be excluded that part of them would be radicalized, but the basis for such behaviour would be not religious but social one.
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The ombudsman institution is traditionally linked to the concept of human rights protection. In addition to this general notion, for the countries from South–Eastern Europe the ombudsman is a body related to the process of transition to rule of law and democratic values. In these countries the ombudsman has also the specific task of maintaining the social and ethnic peace and security. The ombudsman institutions in this region have also a beneficial effect on the process of accession to the EU and adherence to the principles of the Council of Europe as the human rights protection is in the heart of these organisations. The cooperation among ombudsmen in South–Eastern Europe is of crucial importance for the successful achievement of their tasks, especially in the context of challenging human rights issues with trans-border connotations. However the lack of a common model for the ombudsmen institutions, the difference in the mandate and functions and even the diverse title of these bodies, proves to be a serious hindrance to efficient collaboration and hence to the efficient protection of human rights at regional level. This is why the existence of international and European standards for the ombudsmen institutions from South-Eastern Europe is important in view of the need to bring them closer to each other but also closer to the successful model of a human rights protection body. The national status of the ombudsman is influenced by the International and European standards existing in this field, due to the tight link with international human rights regulations. Among these standards there are two important sources which can make a difference as far as the efficiency of ombudsman is concerned. The Paris principles of the UN are adopted in 1993 and are related to the requirement of independence, impartiality, financial independence and as broad mandate as possible for all human rights protection institutions. These principles require promotion and protection of all possible human rights, infringed by both public and private sector. A Status “A” indicates compliance with the highest standards for a human rights institution. Same principles are regulated by the Venice Commission for Democracy through Law. The process of bringing the institutions in compliance with the Paris principles and Venice commission rules is already on-going for the countries of South-Eastern Europe. The contemporarily concept of the ombudsman institution requires it to be proactive, open and transparent, closer to citizens in order to respond to their needs and to mediate between them and the malfunctioning institutions. The modern challenges of the ombudsmen are related to the protection of human rights violated by the private sector and the more urgent need of legislative initiative, which proves to be inevitable in the context of policy making processes.
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The book ‘Turnovo Constitution in the light of the Balkan Constitutionalism of the XIX century‘presents a detailed history of constitutions and constitution projects in the Balkan region in 19th century arguing that this development was not later than in the other Euro-pean countries. The focus of the research is the Bulgarian Turnovo constitution (1879) which is compared to the constitutions of the other Balkan states in 19th century: Greece, Serbia, Romania, Ottoman Empire, in their historical origins and important constitutional norms. The author successfuly overcomes the national framework of research and outlines the positive achievements in constitutional history of the Balkan states. [Kostadin Paev, ‘Turnovo Constitution in the Light of the Balkan Constitutionalism of the XIX Century’. Sofia, 2016, 359 pp.]
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The end of the Cold War and the subsequent disintegration of the Soviet Union left the newly independent Russian Federation in an international environment very different from the Cold War system.WhenBoris Yeltsin and his government began to build the foundations of Russia's foreign policy and security strategy, they facedbothdomestic challenges as well as the pressures of the international system. This study explores the most important political and military-strategic aspects of the Russian government's foreign policy doctrine and security strategy in the 1990s, the debate within Russian political, militaryand academic circles on Russian foreign policy and security strategy. It alsohighlights Russia's new place in the European security system and in the larger international system.
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The events and processes in the modern world reveal that the solving of problems requires a distinct opposition of ideas and views about the development of society.
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The concept of restorative justice as a type of alternative justice that focuses on the recovery of harm from crime, the victim, the perpetrator and the status quo in general, rather than on repression, is no longer new. It has long had its international legal basis – acts of the UN, EU, Council of Europe and others. Its main tools – victim-offender mediation, family conferences, problem-solving circles and more, are already established and widely used in most European countries and America, Asia, Australia, and Africa. Although marked in some strategic documents in our country recently, restorative justice is not a legal fact yet. However, in the global criminal crisis, deficits of the criminal justice system's functioning could be successfully, if not completely eliminated, then at least mitigated through its mechanisms. Individual scientists and representatives of non-governmental organizations have not only dreamed since the beginning of this century but are working hard to introduce its models. Politicians and decision-makers and part of the legal community show stubborn rigidity and resistance, refusing to put this issue on the current agenda of society, under various pretexts, but primarily defending their "preserved interests and monopoly" in criminal justice. At the same time, the crisis with the COVID-19 pandemic raises the issue again with particular urgency. That is why it is high time to abandon the unproductive "penal populism", to revitalize the debate for the mentioned novelty and achieve synchronicity between visionaries, dreamers, practitioners and users.
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With the rise of the crime rate, the number of direct victims increases, in parallel with the secondary victims. This article explores the state-of-art of victimisation and victim-related policies and practices in Bulgaria and Albania. The role of state agencies, non-governmental organisations, media and civil society in preventing and respond-ing to victimisation is under scrutiny. The focus is on the victim's culture, mentality and sense of victimhood. Based on the findings of empirical studies launched in both countries, recommendations for improving the victimogenic status quo are developed.
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The standards deriving from the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the right to life in the context of the use of life-threatening force by the police are analysed. During the last three decades the Euro-pean Court of Human Rights has formulated and further developed a significant num-ber of requirements both for the general compliance of Member States’ domestic legis-lation with the Convention, and for the conduct of State authorities in terms of plan-ning and realisation of police operations, and investigating into cases of death caused by the police. The current study examines these requirements in detail, and establishes that, in addition to the ones referring to the legislative framework, there are also such of a forensic, institutional and organizational nature. Particular empha-sis is placed on the criteria that the investigation must fulfil in order to be effective. The essence and content of the circumstances provided for in Art. 2, para. 2 of the Convention, under which the use of lethal force is absolutely necessary and, therefore, permissible, are discussed. Relevant aspects of the Bulgarian legislative and institu-tional experience in the process of achieving compliance with the outlined require-ments have been reviewed.
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Cultural goods have unfortunately always been a target for belligerent parties during armed conflicts throughout history, despite the fact that they knew very well that ensuring their protection had an imperative character, whether we refer to customary commitments, either conventional. However, the reality of armed conflicts remains a harsh one although evolving legal and philosophical thinking has strongly influenced the concept of the `laws and customs` of war from the perspective of `humanizing` armed conflicts. The efforts made by international actors in connecting the national and international normative framework in the matter of the protection of cultural goods to the rigors of armed conflicts have materialized in an appreciable number of agreements, documents of a different kind adopted at the international level, among which the Convention at the Hague of 1954, Additional Protocol I of 1954 and Additional Protocol II of 1999.
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The idea of establishing hybrid or internationalized tribunals arose in the context of the law performance of international ad hoc tribunals of the former Yugoslavia and Rwanda in the view of several experts. In addition, trough these courts an attempt was made to reach a compromise between the national criminal jurisdiction of the states and the international one. Or, in the opinion of those who promoted this concept, the involvement of local experts in the examination of illegalities committed on the territory of these states could awaken greater trust on the part of society in general and the victims, especially in the act of justice, and subsequently even lead to the start of the reconciliation process of the respective societies. We proposed two cases for this study, which are the most well-known — the Extraordinary Cambers for Cambodia and the Special Court for Sierra Leone.
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The subject of the study is to discuss the penal measure in the form of a ban on owning animals. The article analyzes controversial issues relating to the subject matter. Indicated, among others: on issues related to the scope of the ban on owning animals, the legal basis for its adjudication, and issues related to its implementation. Certain de lege ferenda demands were also formulated, the aim of which is to strengthen the legal protection of animals.
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The subject of the opinion is the analysis of the legal consequences of making a declaration on assuming a mandate as a Member of the European Parliament under Article 368 of the Election Code, in particular the assessment of the situation in which the declaration was made before the Marshal of the Sejm notified the candidate of his priority to the mandate. The author also highlights the lack of provisions regulating the manner of delivery of the notification in question, indicating alternative possibilities for its delivery.
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The subject of this article is the interpretation of Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. In the analysis, the author specifically focuses on Article 4 para. 4 of the Directive, which relates to how a national competition authority is selected. This provision requires that the procedure for selection or appointment be specified in advance in the legislation, be clear and precise. However, according to the author, this does not exclude the possibility of the political nature of the selection process of the candidate, the determination of his professional competence, involvement in political activities, or the term of the elected body.
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The article presents the Sejm’s position on assessing the compatibility of Article 1 para. 9 of the Act of 15th December 2000 on Housing Cooperatives – providing for the exclusion of the application of the provisions on shares and entry fees as well as the obligation to submit a declaration in order to be admitted as a member of a cooperative, with the relevant provisions of the Constitution. The author refers to the constitutional complaint in SK 102/22 case, considering the possibility of a housing cooperative rejecting a claim for admission as a member of a housing cooperative by the owner of a residential property located in the common property managed by the cooperative. Analysis focuses on the Constitution’s guarantees of equality before the law, freedom of associationand protection of property with respect to the rights of housing cooperatives as indicated in the Act on Housing Cooperatives, in particular, the right to decide on the acquisition of cooperative membership.
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The reported case concerns the matter of judicial expanses awarded to a party in circumstances where the tax authority acknowledged the request to pay certain tax interest during the procedure before the first instance court. Arad Tribunal confirmed such expanses are due since the tax authority did not solve the payment request in due time and also that the amount of such expanses was justified by the efforts of the lawyer and the value of the claims.
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The "Three Seas" initiative is a relatively new attempt for closer integration and cooperation in the energy, transport and economic sectors of the countries of Central and Eastern Europe within the European Union. This type of cooperation aims to increase the competitiveness and connectivity of the involved countries, which in turn will strengthen the EU's resilience. Whereas, Bulgaria is a part of this initiative from its inception, there is little public debate on the initiative in the country. Even when the “Three Seas” initiative is discussed it rarely concentrates on the facts, activities, advantages and disadvantages. Instead, it is often wrongly associated with geopolitics, which consciously or not, shifts the attention away from the initiative’s main goals and perspectives. Based on the analysis of the relevant materials in Bulgarian media, we take the opportunity to highlight the essence of the initiative, underline its distinctiveness when compared to other regional political concepts from the past, such as Intermarium, and challenge some of the myths and misinterpretations present in the Bulgarian public discourse.
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Review of: Saša Atanasov, Svedok u krivičnom postupku, Pravni fakultet Univerziteta u Prištini sa privremenim sedištem u Kosovskoj Mitrovici, 2020, str. 266
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