"ŁAD POSTLIZBOŃSKI" W EUROPIE

Author(s): Piotr Nowak / Language(s): Polish / Issue: 2/2017

The author of the article puts forward a thesis that the period in the international relations that came after the Cold War has already been completed and we are now in another one, to which he gives the name of the Post-Lisbon order. So far, in the discourse on the international relations it is called the post-Cold War order, without a clear distinction of its timeframe. The author, who presents a theoretical introduction of the definition of the international order which he perceives as a way of determining the relationship between international actors, who also presents the most important provisions of the Treaty of Lisbon and the New NATO Strategic Concept (adopted in Lisbon), called the new period a post-Lisbon order. By analyzing the presented problems the article constitutes an attempt to prove the thesis which was put forward at the beginning.

"The Manny Faces of Contemporary Philosophy and Theory of Law" – konferencja z okazji dziesięciolecia Sekcji Filozofii Prawa Towarzystwa Biblioteki Słuchaczów Prawa Uniwersytetu Jagiellońskiego, Kraków, 23–24 marca 2013 r.

Author(s): Paweł Banaś,Bartosz Janik,Izabela Skoczeń / Language(s): Polish / Issue: 1/2013

"Tirania" clauzelor neuzuale

Author(s): Ionuţ Florin Popa / Language(s): Romanian / Issue: 01/2016

Art. 1.203 of the Civil Code regarding the unusual standardized clauses produces unjustified fear among the authors of agreements. The purpose of this study is to give the legal text the due importance and to identify an action intended to avoid the distorted enforcement of the legal text. Starting from the identification of the origin of the legal text (art. 1341 par. 2 of the Italian Civil Code) and after getting through the common sense comparisons with any texts provided by newer laws, this study is intended to actually identify the reasonable limits of the scope of the legal text: circumscribing the standardized clauses in the context of the fundamental mechanism of the offer and acceptance, the interfaces between art. 1.203 of the Civil Code and the legislation of abusive clauses, the formalism of special acceptance of the unusual clauses, the analysis of the legal list provided under art. 1.203 of the Civil Code. The unfriendly formalism of the special acceptance, as well as the restrictive nature of the legal list represents certain indisputable shortcomings of the legal text. A different and more flexible legal solution, the model for which was found in the comparative law, might have been taken into account.

"Ustawienie o piercach a prokuratorzech albo o rzecznikoch" : ze studiów nad staropolską terminologią prawniczą

Author(s): Aleksander Zajda / Language(s): Polish / Issue: 23/1990

Der vorliegende Aufsatz ist ein Versuch, 15 altpolnische Wörter mit der Bedeutung ‘vicarius, advocatus, patronus’ und derer Geschichte im Laufe bis 1600 im Lichte der Wortfeldtheorie darzustellen. Schon im 15. Jhd. befinden sich im Zentrum des Wortfeldes die Bezeichnungen pierca. prokurator, rzecznik - die wir im Titel (Zitat aus der in der Mitte des 15. Jhds. entstandenen Übersetzung der früheren polnischen Rechte) sehen - und zachodica. Andere 11 Bezeichnungen bilden zu dieser Zeit Peripherie des Feldes. Aber auch die Glieder des Zentrums sind differenziert - pierca ist ein masowisches Wort, prokurator - grosspolnisch; nur rzecznik und zachodica sind gesamtpolnisch. Infolge der weiteren Entwicklung befinden sich schon in der Mitte des 16. Jhds. nur prokurator und rzecznik im Zentrum; pierca und zachodica verschwinden überhaupt aus dem Wortfeld, geschweige andere Kompenenten. Ende des 16. Jhds. ist ein ausschliesslicher Glied des Zentrums prokurator - sein Sieg ist auf den damaligen Zustrom des lateinischen Wortgutes in die polnische Rechtsterminologie zurückzuführen.

"Wär’ der Gedank’ nicht so verwünscht gescheit, man wär’ versucht, ihn herzlich dumm zu nennen."

Author(s): Klaus Lüderssen / Language(s): German / Issue: 05/1986

"Wykluczenie społeczne": popularne pojęcie we współczesnej kryminologii. Wykluczenie społeczne i przestępczość w Europie Środkowej i Wschodniej

Author(s): Miklós Lévay / Language(s): Polish / Issue: XXVIII/2006

The paper deals with two issues. One is the content of the concept of ‘social exclusion', including the components of the concept, the most important measures of the European Union to combat social exclusion as a social phenomenon, certain conclusions in the professional literature as to the relation between social exclusion and crime, as well as the significance of this concept and its relevant research in the development of criminorogical thinking. The second topic of the paper is the relation between social exclusion and crime in the former socialist countries, particularly in the countries that joined the European Union on 1 May 2004. The author evaluates the significance of 'social exclusion’ as a concept and of the related research for the development of criminology thinking, concluding that there are three prevailing criminology perspectives: a. the social perspective, b. the individual perspective and c. the situational perspective.In his attempt to answer the question of whether the former socialist countries of Central and Eastern Europe were inclusive or exclusive societies, the author finds that the features of exclusive and inclusive societies coexist in the societies of late modernity, including the countries of the CEE region. However, of importance here are the proportions and the main tendencies. In this respect, the paper can be read to say that the features of an exclusive society are present in the countries of the region to an extent giving rise to serious concern. In addition, the fear is that certain global and regional processes and challenges will further strengthen these qualities.At the global level, the neo-liberal economic policy and the presence of interntional terrorism together with the responses to be given can have particurarly adverse effects on the character of the society. At the European Union level, the great challenge is to reduce the economic and social differences between the member states. If the EU does not succeed in meeting this objective fairly soon, it risks having a new periphery of the East and Central European States. Therefore, criminology must give priority attention in this social-cultural situation to social justice and to the investigation of phenomena such as social exclusion hindering its prevalence.

"Постконфликтно уређење" одржаја на Косову и Метохији-ка поразу права прогнаних лица и "легализацији"противправних аката узурпатора?

Author(s): Duško M. Čelić / Language(s): Serbian / Publication Year: 0

Violence against property, which in Kosovo continues to be made and in terms of the “post-conflict peace“, through the activity of quasi-governmental institutions, favors and systematic encroachment on property-legal relations to real estate through „normative“ activities of self-proclaimed authorities in the province. The Law on Property and Other Real Rights, adopted by the Kosovo Assembly in 2009, changed the rules on acquisition by prescription by altering the requirements of bona fide and lawful possession existing under the previously applicable law. The long absence of the rule of law,mass usurpation of real estate of refugees from Kosovo and Metohija, the lack of continuity of keeping the public registers and storing collections of documents and difficult or impossible access to justice for the greatest number of refugees, some of the reasons for the critical attitude towards these authors "provisions“. Bearing in mind the relevant international and domestic legal standards for the protection of human rights of displaced persons, we believe that ‘the provisions’ of the possession, flung open the door for legalization violent established the factual situation on the real estate of refugees from Kosovo and Metohija.

"С точки зрения объективного наблюдателя..."

Author(s): Yuriy Reshetov / Language(s): Russian / Issue: 29/2001

A report of a member of the UN Committee on the Elimination of Racial Discrimination concerning the US first report on implementation of the requirements of the International Convention on the Elimination of All Forms of Racial Discrimination.

#03 Preparing for EU Accession Negotiations

Author(s): Author Not Specified / Language(s): English / Publication Year: 1999

The extraordinary dynamics of the process of European integration in the second half of the Nineties has brought forward the need for numerous adjustments, different in depth and in scope, in the associated Central and Eastern European Countries (CEECs) having applied for membership of the European Union. For some countries these processes have developed more rapidly than expected and the adjustments in question have been more or less prom-pted by the aspiration not to lag behind in the overall process of approximation of-Central and Eastern Europe to the EU. The environment is dynamic: the process of integration develops in parallel to, and sometimes even coincides with, the process of political and economic transformation typical of the transition to a democratic society with a functioning market economy. Thus, in the desire to reach as soon as possible the goal - full membership of the Union -it is particularly difficult, but also very important, to bear in mind the useful lessons of the past and the experience gained over previous EU enlargements. The purpose of this paper is to draw attention to some typical challenges relating to the negotiations for EU membership, both in the short and in the medium term perspective. This could be a contribution to the development of the various elements of Bulgaria's preparation for accession negotiations. Emphasis is laid on the model of negotiations, on the various underlying principles, on the indispensable preparation for their conducting, on some organisational and other aspects of their successful development. In this respect, significant reflection is devoted to the lessons to be drawn from the fourth enlargement of the Union. The negotiations for accession to the European Union will take place in a given context which would undoubtedly influence their dynamics and predetermine their successful completion. The context will have both external and internal dimensions, the first connected with the changes in and the readiness of the European Union itself, and the second with the preparation of the candidate country concerned. For the purposes of this paper, attention is mainly drawn to the internal adjustments needed by CEECs, rather than on the processes within the Union which have already been discussed in numerous publications. The historical lessons, the theoretical and practical background described in the first part of the paper and the recommendations on Bulgaria's preparation in the second part are based on an analysis of existing studies, monographs, documents and materials devoted to these problems, as well as on some practical observations arrived at in the course of this process. The clear prospect of opening accession negotiations with Bulgaria in the foreseeable future makes it particularly necessary to refine the overall preparation of the country in order to ensure the indispensable conditions for the conduct of the negotiations. Thus, the conclusions offered below should be regarded as practical recommendations for a more successful preparation of Bulgaria for membership of the Union. The collected material could also be used as reference for some typical problems and for the approaches used to solve them.

#06 Corruption and Trafficking: Monitoring and Prevention (1st edition)

Author(s): Author Not Specified / Language(s): English / Publication Year: 2000

Corruption and Trafficking: Monitoring and Prevention titles the new brochure, recently published by the Center for the Study of Democracy of its Reports and Analyses series. It is the first analytical output of the newly founded Expert group on corruption and illegal trafficking as part of Coalition 2000 anti-corruption activities. The phenomenon of illicit trafficking has become one of the most important sources for the “shadow economy” in Bulgaria throughout the 90ies. Its growth was caused by a number of international and internal factors as well; the most crucial of which is the weakening of the post-communist state and the spread of corruption practices among state officials. Hence the emerging of the criminally interwoven corruption/trafficking involve state officials (policemen, customs officers, senior civil servants and politicians) on the one hand, and semi-criminal groups and local mafia on the other. Bulgarian “contraband channels” also constitute a part of the wider network of transnational crime. In the forthcoming brochure, however, the emphasis is on Bulgarian trans-border crime, rather than on its international ramifications. The brochure is composed of three parts: - an analysis of trans-border crime in Bulgaria during the 90ies; - a review of the sociological and statistical methods of measuring illicit trafficking; - Practically oriented proposals with the aim of curbing corruption and trafficking.

#09 Corruption and Trafficking: Monitoring and Prevention. Assessment Methodologies and Models of Counteracting Transborder Crime (Second revisited and amended edition)

Author(s): Author Not Specified / Language(s): English / Publication Year: 2000

This is the second updated edition under the same title, published by the Center for the Study of Democracy of its Reports/ Analyses series to be distributed among participants in Regional Coordination Meeting of Subtable "Justice and Home Affairs" of Stability Pact Working Table III, held in Sofia on October 3rd, 2000. This latest analytical report is the outcome of the efforts of non-government organizations and state institutions, and of independent experts and journalists as well within the framework of the Coalition 2000 process. Launched in 1997, Coalition 2000 strives to support the restriction and curbing of corrupt practices in Bulgarian society, including regular monitoring of public perceptions and attitudes towards corruption. The illicit trafficking growth, as one of the most important sources of local "gray economy" throughout the 90ies, was caused by a number of international and internal factors, the most crucial of which being the weakening of the post-communist state and the spread of corruption practices among state officials. The threat on society posed by the interlacing of the interests both of crossborder crime perpetrators and the associated corrupt public officials (customs officials being the most alarming example according to public opinion), became a serious public concern. This initiated the necessity to analyze the phenomenon and to identify adequate monitoring and counteraction measures, moreover this type of crime finds further confirmation in experts' estimate that a large portion of the local gray economy is related to smuggling of goods and the proceeds of the respective unlawful activities.

#10 Smuggling in Southeast Europe. The Yugoslav Wars and the Development of Regional Criminal Networks in the Balkans

Author(s): Marko Hajdinjak / Language(s): English / Publication Year: 2002

Smuggling in Southeast Europe analyzes and reviews the connection between the conflicts in the former Yugoslavia and the growth of the trans-border crime in the region, and also looks at the related issue of corruption. The paper highlights the decisive impact the Yugoslav wars had on the development of the regional criminal networks, which were often set up and maintained not only with the knowledge, but even with active participation of the highest state officials. The research also represents a contribution to the study of conflicts in the Western Balkans. The majority of existing interpretations of causes, course and consequences of the Yugoslav wars try to provide the answers through ethno-political explanations. They unjustly ignore the importance that interweaving of interests of political elites, the organized crime groups, which appeared in this period, and the "mediating class" of corrupt state officials had in this process. The paper is divided in three parts: • An analysis of the causes and course of emergence of Balkan smuggling channels in the context of Yugoslav wars and international sanctions; • A review of the recent developments in trans-border crime in Southeast Europe; • An overview of prevention efforts, undertaken both by the regional governments and the international community’ The first part analyzes the emergence of officially sanctioned "state-building" smuggling in those parts of the former Yugoslavia, which were involved in the war. The intermediary role of Albania, Bulgaria, Macedonia and Romania is also discussed. In these four countries, smuggling networks were not developed under open patronage of the governments, but the role of high-positioned politicians was nevertheless extremely important. The second part traces the evolution of the initial semi-official smuggling channels and their transformation into "classical" criminal networks. The so-called "suitcase trade," cigarette smuggling, smuggling of narcotics, and the trafficking in human beings are discussed in more detail.

#11 Corruption, Trafficking and Institutional Reform

Author(s): Author Not Specified / Language(s): English / Publication Year: 2002

The present report summarizes researches and discussions conducted by members of the expert group within the framework of the Bulgarian anti-corruption initiative Coalition 2000 established in 1997. The report is dedicated to one of the most serious problems of the Bulgarian transition towards market economy, stable democratic institutions and legal state. The exploding growth of trans-border crime during the last 12 years has led to the emergence of criminal infrastructure, developed and maintained by criminal groups and semi-legal "power groups," which have appeared in the mentioned period. The trans-border crime in Bulgaria is a part of the new network of international organized crime, which was established after the end of the Cold War and which is closely connected to the regional channels of smuggling and trafficking. Smuggling (including drug smuggling) and trafficking are in particular the main sources of income for organized crime in the country.

#12 The Drug Market in Bulgaria

Author(s): Author Not Specified / Language(s): English / Publication Year: 2003

The Center for the Study of Democracy has undertaken a special inquiry into the topic of drug abuse - which was fueled by the drug epidemic of the late 1990s and has grown to become a real social threat - and the problem of drug dealing, which is a major mechanism for the generation of organized crime in Bulgaria. This report addresses drug supply and demand in Bulgaria with the ambition of mapping a vast information void and identifying the basic mechanisms and stakeholders of the drug market. However, the peculiarities of drug diffusion and consumption do not allow the use of the standard suite of economic research tools and vehicles throughout the study. This analysis has been divided into three sections. The first addresses the genesis of drug distribution, while the second describes its structure and functioning. The findings about supply presented in the first two parts are based on a series of in-depth interviews with dealers of different groups of drugs, long-term drug users, with police and security officers (experienced in combating drug traffic, drug production, and drug dealing), doctors, and civil organizations engaged in treatment services to drug addicts. Section 3 highlights drug demand, and brings into play the findings of the First National Population Survey on Drug Consumption in Bulgaria conducted by Vitosha Research. For the purpose of this study, CSD and Vitosha Research used the research tools of the European Monitoring Center on Drugs and Drug Addiction (EMCDDA). While paying attention to a variety of views, the team of authors has tried to find common ground upon which to evaluate the actual number of drug users in the country. Even if population-based surveys are often unreliable due to stigmatized and hidden patterns of drug use, they are the type of surveys that provide a comprehensive representation of the situation in the country, as well as reference material for later in-depth studies.In addition, a series of indirect variables, tailored to Bulgarian circumstances, were drawn up to register psychoactive substance use. Two more surveys, of the qualitative type, were conducted: one among heroin addicts and frequent users of soft drugs, and another among experts and treatment agencies. This report was developed by the CSD as part of project evaluating the patterns of drug supply and demand in Bulgaria.

#13 Partners in Crime: The Risk of Symbiosis between the Security Sector and Organized Crime in Southeast Europe

Author(s): Author Not Specified / Language(s): English / Publication Year: 2004

The penetration of the organized crime into the security sectors of the countries in transition is one of the darkest aspects of the post-communist transformations of states. During the past 15 years the growing impact and influence of organized criminal groups was felt not only in the countries in transition but also in the European Union. This process was facilitated by the increasingly free movement of people, goods and finances around Europe. The report is a necessary contribution to heightening public awareness of the considerable risks arising from criminal partnership within the security sector in Bulgaria and the Western Balkans and the need for measures to counteract and prevent it.

#14 Weapons under Scrutiny: Implementing Arms Export Controls and Combating Small Arms Proliferation in Bulgaria

Author(s): Philip Gounev,Emil Tsenkov,Bernardo Mariani,Larry Attree / Language(s): English / Publication Year: 2004

The report concludes that despite the evolution of Bulgaria’s arms export controls and its relatively clean record, compared to most of the 1990s, there is still room for improvement. The best approach to tackling all the issues raised in this report is through stricter implementation of the new export control mechanism adopted in 2002. The report is divided into five parts. Part one provides an analysis of the social and economic reasons that have contributed to the reluctance among Bulgarian politicians to strengthen arms controls. It describes the transformation of the defense industry in the post-Communist transition period, as well as its current state. Part two provides an analytical description of Bulgaria’s arms control mechanism. Part three examines the factors contributing to illegal arms exports from Bulgaria and offers some data from recent cases. Part four focuses on the potential social, economic, and political effects of stronger arms controls. The last section offers a number of recommendations for the improvement of the export-control system.

#15 Transportation, Smuggling and Organized Crime

Author(s): Tihomir Bezlov,Philip Gounev,Emil Tzenkov,Petkan Iliev / Language(s): English / Publication Year: 2004

The report analyses the participation of transportation companies in smuggling practices, more specifically: • it examines and describes a range of companies and individuals involved in organized crime groups whose main business is the trafficking of consumer goods. • it also gives and overview of the criminal and semi-legal networks involved in smuggling Chinese and Turkish goods. • it presents new data on oil and oil products smuggling. • it examines the role of duty-free shops and their involvement in illicit cigarettes imports.

#16 Corruption and Tax Compliance. Policy and Administration Challenges

Author(s): Konstantin Pashev / Language(s): English / Publication Year: 2006

National and international corruption indices suggest that the Bulgarian tax administration has an important role to play in fighting corruption. While the general public and the business community are inclined to think better of the tax administration, in terms of the levels and spread of corruption, by comparison with other institutions, such as customs, the police or the judiciary, corruption in the tax administration is still admittedly rather high. Business largely believes that most, if not all, tax officers are involved in corruption. Over the last five years, one out of five businesses on average has come under corruption pressure at the hands of tax officers. While they would not go as far as to accept the taxpayers’ perception of the situation, members of the tax administration do not deny the problem. They see the administration’s functional areas for Tax Audit and Operational Control as worst affected in terms of, respectively, the amounts of money changing hands and the frequency of such transactions. International surveys are inconclusive about the level of corruption in the Bulgarian tax administration on a comparison basis. The World Economic Forum rates it as relatively low within the enlarged European Union. By contrast, the World Bank has found it to be higher than corruption levels in most of the Balkans and the former Soviet republics. The purpose of this study is not primarily to add another estimate of the level and scale of tax corruption in Bulgaria but rather, to contribute to an in-depth diagnosis of the phenomenon in terms of its drivers at work in individual and institutional behaviour.National and international corruption indices suggest that the Bulgarian tax administration has an important role to play in fighting corruption. While the general public and the business community are inclined to think better of the tax administration, in terms of the levels and spread of corruption, by comparison with other institutions, such as customs, the police or the judiciary, corruption in the tax administration is still admittedly rather high. Business largely believes that most, if not all, tax officers are involved in corruption. Over the last five years, one out of five businesses on average has come under corruption pressure at the hands of tax officers. While they would not go as far as to accept the taxpayers’ perception of the situation, members of the tax administration do not deny the problem. They see the administration’s functional areas for Tax Audit and Operational Control as worst affected in terms of, respectively, the amounts of money changing hands and the frequency of such transactions. International surveys are inconclusive about the level of corruption in the Bulgarian tax administration on a comparison basis. The World Economic Forum rates it as relatively low within the enlarged European Union. By contrast, the World Bank has found it to be higher than corruption levels in most of the Balkans and the former Soviet republics. The purpose of this study is not primarily to add another estimate of the level and scale of tax corruption in Bulgaria but rather, to contribute to an in-depth diagnosis of the phenomenon in terms of its drivers at work in individual and institutional behaviour.

#17 Police Stops and Ethnic Profiling in Bulgaria

Author(s): Tihomir Bezlov,Martin Dimov,Philip Gounev,Nikoleta Yordanova / Language(s): English / Publication Year: 2006

Between June and December 2005 the Center for the Study of Democracy and Vitosha Research, supported by the Open Society Justice Initiative carried out a study of police stops. The resulting report Police Stops and Ethnic Profiling in Bulgaria examines the use of stops by the Bulgarian police, focusing on the practices of disproportionate stops of members of the Roma ethnic minority. The report also highlights issues related to police abuse during stops as well as crime among in Roma communities. The study is part of a Europe-wide initiative aimed to map discriminatory police practices across Europe. In addition to Bulgaria, research was carried out in Spain, Hungary and Russia indicating that there is disproportionate treatment of minorities by the police in all these countries. Police stops are the main point of contact between officers and citizens. Police officers view stops as essential for detecting and preventing crime. Therefore, the appropriate use of this tool is crucial to police efficiency, whereas when used in the wrong way, it could seriously deteriorate the relations between citizens and the police. The findings and the report were launched at a public meeting of the National Crime Prevention Commission on September 19, 2006.

#18 Corruption in Public Procurement: Risks and Reform Policies

Author(s): Konstantin Pashev,Assen Dyulgerov,Georgi Kaschiev / Language(s): English / Publication Year: 2006

Public procurement is among those spheres in the management of the public sector in Bulgaria which are characterized by the highest corruption risk. Generally speaking, the abuses in this sphere relate to the awarding of the public procurement contract to a pre-selected supplier to the detriment of the public interest through violation of the principles of competition for the purpose of gaining personal benefit. The report examines the corruption in public procurement and assesses the losses from it. It also focuses on big corruption in public procurement with a view to the fine-tuning of the policy tools. This type of corruption covers all transactions and procedures which fall or should fall within the scope of the public procurement legislation. These are most of the supplies whose price or qualitative parameters are subject to negotiation between the contracting authorities in the public sector and the suppliers from the private sector.