Az Emberi Jogok Európai Bíróságának ítélete a nemzeti kisebbségi iskolák diákjai érettségi többletterhének ügyében

Author(s): Péter Varga / Language(s): Hungarian Issue: 3/2020

According to the ruling of the European Court of Human Rights (ECtHR) in the case of Adam and others versus Romania the curricula and the manner in which the baccalaureate was organized was ruled not to be discriminatory. In this case the six Hungarian students from Transylvania who raised the issue were found not to be in a sufficiently disadvantaged position in the application for the baccalaureate examination. The present analysis gives a factual overview of the case and, without claiming to be exhaustive, examines whether the Court acted with due diligence in assessing the above mentioned difference, between the opportunities of minority and majority students. Was Romania’s omission and delay in adapting curricula and examinations for the needs of minority students acceptable under the standards of the European Convention for Human Rights barring discrimination.

Актуални тенденции в законодателната уредба на висшето образование в България

Author(s): Andriyana Andreeva,Darina Dimitrova / Language(s): Bulgarian Issue: 1/2021

In the present article is made a normative analysis of the Bulgarian legislation in the sphere of higher education in the part of the recent legislative amendments. The reform in the in the area of higher education is a process, started directly after the democracy changes in the country, which encompasses several sub-stages. The authors focus towards examination of the actual amendments in the normative regulation and based on it point out the contemporary tendencies in this area. On the one side is examined the internal normative regulation, on the other side the Bulgarian higher schools are examined in the context of harmonization of the domestic law with the Law of the European Union. Based on the analysis are made conclusions and summaries, directed to the practical appliance and improvement of the legal regulation.

Правна регулация на футбола – забрани и ограничения

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 1/2020

In the article under discussion is the administrative regulation of sports organizations and professional football clubs in Bulgaria. It analyses the legal regulation of sports hooliganism. Also presented are the types of measures and administrative penalties imposed as a result of sports bullying.

Нужен ли е нов закон за футболното хулиганство?

Author(s): Ekaterina Mihaylova,Boris Mihaylov / Language(s): Bulgarian Issue: 1/2020

This article examines the term “football hooliganism” and its legal regulation. It analyses Bulgarian and European legislation on football hooliganism. It further discusses in details the 2018 amendments of the Protection of Public Order at Sports Events Act that employs new methods for tackling with this negative phenomenon.

Имат ли човешки права футболните хулигани?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 1/2020

Human rights are the “last utopia” of our time that achieved contemporary prominence on the ruins of the last political utopias of twentieth century. All the international projects after World War 2 aspire to achieve a just balance between the basic individual rights and public interest. The human rights protection mechanisms introduce exceptions and qualifications to most of the human rights to allow for their restrictions proportional to the legitimate aims of the states. This article explores the human rights of the football hooligans starting with an analysis clarifying the historical, cultural and sociological aspects of the term “football hooligan”. Afterwards a detailed review of the case law of the European court of human rights is offered to reveal the status of the so called football hooligans as people whose basic rights could be restricted by the states upon wide discretion of the national authorities.

Конституционни измерения на обществения интерес, охраняван при упражняването на изпълнителната дейност

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 1/2020

The public interest in carrying out enforcement activities in a constitutional sense is to provide guarantees for compliance with the fundamental principles. In order to exercise the fundamental rights of citizens in the performance of their enforcement activities, the common interest can be formulated by imposing restrictions on them.

Ограничения на правото на свободно придвижване по време на извънредно положение заради пандемия, причинена от Sars-Cov-2

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2020

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

Защитата на личната неприкосновеност в условията на пандемията от Covid-19

Author(s): Denitza Toptchiyska / Language(s): Bulgarian Issue: 2/2020

During the pandemic of COVID-19 in April 2020 the Ministry of Health in Bulgaria began the administration of the Virusafe contact tracking application. With the Law on Emergency Measures and Actions, declared by a decision of the National Assembly of 13th March 2020 amendments to the Electronic Communications Act were adopted. The purpose of the legislative amendments was to provide access of the competent authorities to the localization data from the public electronic communication networks of the individuals, who have refused or do not fulfill the obligatory isolation or treatment under art. 61 of the Health Act. This publication aims to analyze the main features of mobile applications for tracking the contacts of infected persons, as well as the adopted legislative changes, comparing them with the standards of personal data protection provided in the EU General Data Protection Regulation 2016/679 and Directive 2002/58/EC on the right to privacy and electronic communications.

Семейноправни и вещноправни въпроси във връзка с обявеното в България извънредно положение (13.03.2020-13.05.2020)

Author(s): Tsvetalina Petkova / Language(s): Bulgarian Issue: 2/2020

The article analyzes some family law and property law questions, arising in connection with the declared state of emergency from 13.3.2020 to 13.5.2020 on the territory of the Republic of Bulgaria due to the epidemic of COVID-19. Answers are given to the following questions: can the court consider a divorce claim or an application for divorce by mutual consent during the state of emergency; whether it is possible to attain judicial protection in cases of domestic violence in the state of emergency and under what conditions; as well as whether the acquisitive prescription is suspended during that period of time.

Промени в правилата за държавните помощи в отговор на кризата в следствие разпространението на Covid-19

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 2/2020

In these extraordinary times for the world’s economies, it is inevitable that Member States will support their economies in entire sectors and industries, including through public resources. However, this approach must be followed carefully, as such allocation of public resources in the form of state support is subject to strict state aid rules. The article examines the changes in the state aid regime that the economic consequences of the spread of COVID- 19 have imposed.

Някои въпроси по закона за извънредното положение

Author(s): Maria Dimitrova Chochova / Language(s): Bulgarian Issue: 2/2020

The article analyses two provisions of the Law on Measures and Actions in the State of Emergency, declared with the decision of the National Assembly of 13th March 2020, providing for suspension and extension of time periods provided in the legislation. The analysis is focused on examples based on the review of the labour legislation. The issue of suspended court proceedings on some labour disputes – until the end of the state of emergency – is also discussed.

Едно интересно правно-историческо съчинение за бейрутската правна школа и нейното място за продължаване на римскоправната традиция в късната Античост и през Средновековието

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 2/2020

The review is dedicated to a new and analytical legal and historical study of Dr. Piotr Sadowski, professor of Roman law at the University of Opole, Poland for the Beirut Law School, its teachers, students and its significant place as one of the three imperial law schools (along with Rome and Constantinople), approved by the Emperor Justinian, as well as its place for the continuation of Roman tradition in late Antiquity and the Middle Ages.

ACCESS TO JUSTICE IN THE TIME OF PANDEMIC: FUNCTIONING OF LEGAL AID FORMS IN NORTH MACEDONIA

Author(s): Ivona Shushak,Vesna Shapkoski / Language(s): English Issue: 1/2021

The international community has significantly increased its focus on the improvement of justice systems around the world, in recent years. With the increase in effort and interventions in the sector, there has been a need to create tools to assess justice systems, to identify the main elements affecting the workings of the justice machinery. In a context of increasing interest and engagement in justice systems reform, the ability of citizens to access justice institutions to address their needs has come to be seen as an essential element of development, human rights, democracy, and the rule of law. The Republic of North Macedonia has been dedicated in a certain amount to improving the access to justice following these global trends. However, the pandemic has brought to the surface many obstacles in the realization of these efforts and imposed serious issues that need to be further solved. In this paper, we will elaborate on the present situation in North Macedonia from the personal experience of law clinics and civil society organizations that work and contribute closely on this issue. Furthermore, we will identify particular points that need to be advanced and relevant stakeholders to be engaged, to improve the situation, and bring justice closer to everyone.

LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA

Author(s): Benjamin Nurkić / Language(s): English Issue: 1/2021

So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.

Krzysztofa Pałeckiego „normatywizacyjna teoria władzy”

Author(s): Jerzy J. Wiatr / Language(s): Polish Issue: 2/2020

Tłumaczenie sądowe a ocena wiarygodności zeznań świadka

Author(s): Katarzyna Liber / Language(s): Polish Issue: 1/2017

W niniejszym artykule przedstawiono psychologiczne i prawnicze kryteria oceny wiarygodności zeznań świadków w kontekście pracy tłumacza w środowisku sądowym, w szczególności w odniesieniu do wierności tłumaczenia i ewentualnego wpływu transformacji na ocenę dowodu osobowego przez sąd. Pomimo znaczącego postępu technologii wykorzystywanych w kryminalistyce zeznania nadal są istotną wskazówką dowodowo-wykrywczą i mają bezpośredni wpływ na orzeczenia sądów. Przesłuchanie jako czynność procesowa przeprowadzana zarówno w postępowaniach karnych, jak i cywilnych, jest złożonym aktem komunikacji interpersonalnej, w trakcie którego kształtowane jest subiektywne przekonanie sądu co do szczerości i prawdziwości zeznań, zaś obecność tłumacza jako pośrednika pomiędzy przesłuchującym a przesłuchiwanym dodatkowo czynność tę komplikuje. Określenie wartości zeznania zależy od wielu czynników, których tłumacz powinien być świadomy, podobnie jak doniosłości swej roli, jaką odgrywa, uczestnicząc w postępowaniu sądowym. W oparciu o dotychczasową wiedzę i przeprowadzone wywiady z polskimi tłumaczami przysięgłymi, sformułowano przesłanki do przeprowadzenia pogłębionych badań na temat wpływu strategii tłumacza na ocenę świadka i złożonych przez niego zeznań. // The present article presents the psychological and legal criteria for the assessment of the reliability of witness testimony in the context of the work of an interpreter in a court environment, specifically in relation to the accuracy of the interpretation and the possible impact of the transformation on the assessment of the personal evidence by the court. Despite the considerable technological progress in criminology, testimony is still a significant evidentiary - investigative indicator and has a direct impact on the court rulings. Questioning as a procedural activity carried out in criminal as well as in civil proceedings, is a comprehensive act of interpersonal communication, in the course of which the subjective conviction of the court as to the honesty and accuracy of the testimony is shaped, and the presence of an interpreter as an intermediary between the questioning party and the party being questioned additionally complicates this action. Indicating the values of the testimony depends on many factors, which the interpreter needs to be aware of, similarly as the importance of the role they play by participating in court proceedings. Based on the knowledge to date, and interviews conducted with Polish sworn interpreters, prerequisites were formed to conduct indepth studies concerning the impact of translator’s strategy on the evaluation of the witness and testimonies submitted by them.

Opinia prawna na temat beneficjenta rzeczywistego w przypadku spółki kapitałowej, której jedynym (100%) udziałowcem czy akcjonariuszem jest zakon bądź jego jednostka organizacyjna (prowincja zakonna, opactwo, klasztor niezależny, dom zakonny)

Author(s): Dariusz Walencik / Language(s): Polish Issue: 23/2020

The aim of this legal opinion is to address the following question: Who is the real beneficiary of a limited company in which the only (100%) shockholder or shareholder is an order or its organizational unit (a monastic province, an abbey, an independent monastery or a monastic house)? The analysis of Polish law and canon law leads to the conclusion that in the case of a limited company whose only (100%) shockholder or shareholder is an order or its organizational unit (a monastic province, an abbey, an independent monastery or a monastic house), the real beneficiary is the competent higher superior of this order as well as members of its council. These persons satisfy the conditions specified in art. 2 para. 2 of the act of 1 March 2018 on countering money laundering and financing of terrorism, because they are a group of natural persons who exercise direct control of the company due to the entitlements they have (shareholders’ meeting/general meeting), which make it possible to exert a decisive influence on the actions or activities undertaken by the company. This is so because it is a group of natural persons who exert control over a legal person (an order or its organizational unit) who is entitled to hold more than 25% of the shares of the company stock and more than 25% of the voting rights in the decision-making body of the company (art. 2 para. 2 point 1 letter a and tiret three of the act on countering money laundering and financing of terrorism).

Правна уредба на Европейската гражданска инициатива

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 9/2019

The paper is dedicated to analysis of the legal regulation regarding the European Citizens’ Initiative, which is part of the relevant EU law (primary and secondary EU law), as well as regarding the respective relevant provisions stemming from the national legislation of the Republic of Bulgaria.

Медиацията и ролята на адвокатите в процедурата през призмата на българската история

Author(s): Petya Nedeleva / Language(s): Bulgarian Issue: 9/2019

The possibility of resolving conflicts through alternative means is a favorable alternative for the parties, as it has deep roots in Bulgarian history, customs and law. If we turn to the history of Bulgarian law we will fi nd that they are often used as an opportunity to resolve disputes of various kinds. Historically, Bulgarian rulers have personally participated in negotiations to resolve international confl icts – for example, Khan Krum proposed negotiations to avoid or end hostilities with Byzantium. The prince Boris I Michael also showed excellent negotiation skills when accepting Christianity as the state religion. During the Ottoman rule, such conciliatory functions were played by the bodies of the Bulgarian municipalities, the guild organizations and representatives of the spiritual authorities. After the Liberation, this tradition was the basis of the Elderly Judicial Councils, the amicable (conciliatory) courts, whose activity is based on the principles of voluntariness, reconciliation and reaching a mutually benefi cial agreement.

Изпълнение на публичните държавни вземания по чл. 162, ал. 6 от Данъчно-осигурителния процесуален кодекс

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 9/2019

The public state receivables, regulated in art. 162, par. 6 Tax and Social Security Procedure Code have a number of specifi cs, caused by the nature and type of the offenses from which they arise, the bodies, which establish them, the acts, which make them liquid and due and the order for their execution. The article examines precisely the procedure for execution of public state receivables, regulated in the abovementioned provision.