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Combatting fraud as a disincentive of an unintended economic migrant: A comparative review of the direct Turkish model and the indirect Australian model

Author(s): Sherene Özyürek,Rodger Fernandez / Language(s): English Issue: 1/2016

AS OF JANUARY 12, 2021, THIS ARTICLE HAS BEEN WITHDRAWN ON AUTHORS' REQUEST Under the new Turkish Law on Foreigners and International Protection (Article 54) represents a rapid deterrent approach as the consequences of fraud are implemented within 30 days. In contrast to the Turkish approach, Public Interest Criteria 4020 used in Australian law implies a lengthy process that may take up to two years. A quantitative analysis of retrospective data (2010-2014) of the Australian Migration Review Tribunal substantiated the notion that in contrast to the Turkish model, the Australian model is used as a procrastinating tool to the advantage of unintended economic migrants to remain in Australia.

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Transitions Online_Around the Bloc-9 January
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Transitions Online_Around the Bloc-9 January

Author(s): Ioana Caloianu / Language(s): English Issue: 01/13/2020

Regional highlights: TurkStream launched; Poland and Israel; a matter of (Balkan Orthodox) faith; Gulnara Karimova back in court; and healing berries.

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Конверсия на официален документ

Конверсия на официален документ

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 8/2018

The focus of the following article is put upon several issues that need to be addressed concerning the conversion of a licit public document into a private one in accordance with the provision of Art. 188 of the Bulgarian Code of Civil Procedure. The adopted approach is that the conversion of a public document (i.e. formal conversion) consistsof binding the probative force of a private document to a public document, issued by a non-competent authority or lacking the necessary form. However, this effect can only be observed whenever the private document contains the signature of the parties to the transaction. Moreover, the necessary elements of the formal conversion are put to a scrutinous critical examination. Several issues concerning the formal conversion’s field ofapplication have been addressed as well.

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Престъпления против брака и семейството преди Наказателния кодекс от 1968 г.

Престъпления против брака и семейството преди Наказателния кодекс от 1968 г.

Author(s): Lidia Peneva / Language(s): Bulgarian Issue: 1-3/2019

Crimes against marriage and family are a particular group of social relationships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Republic of Bulgaria. The subject matter of this Statement will, however, be the legislative provisions concerning these criminalized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

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DEPENDENT WORK AND INTERNSHIP

DEPENDENT WORK AND INTERNSHIP

Author(s): Jan Horecký,Michal Blažek / Language(s): English Issue: 2/2019

The law of the Czech Republic does not explicitly regulate the rights of the university students participating in internship programme. Nor does it regulates the obligations and rights of the internship programme providers. Without the existence of any specific legal regulation, the issue has to be addressed by most of the universities since internship is a necessary requirement for graduation. The absence of legislation makes unclear the legal background of internship programmes. The authors of the article deal with those legal norms that should apply in internship practice and present several arguments supporting the fact that the internship programme should be regulated by labour law Act No. 262/2006. The article also draws attention to the consquences of this conclusion. The aim of the paper is to support the opinion above, providing several arguments. To achieve this objective, the concept of „dependent work“ will be analyzed using deductive research method based on the existing theoretical labour-law knowledge, as well as an inductive method will be applied with the Supreme Court and the Supreme Administrative Court of the Czech Republic.

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IMMEDIATE TERMINATION OF EMPLOYMENT RELATIONSHIP BY THE EMPLOYER

IMMEDIATE TERMINATION OF EMPLOYMENT RELATIONSHIP BY THE EMPLOYER

Author(s): Marián Mészáros,Karina Divékyová / Language(s): English Issue: 2/2019

The article addresses the issue of immediate termination of employent initated by the employer.Termination of employment by the employer is interpreted as a unilateral legal act, under whichthe employer can terminate employment with the employee solely on the basis of defined reasons. The main objective is to point to problematic aspects of the Slovak legislation and to clarify their application with reference to judicial practice. The authors summarized the current legal background, analyzed the relevant court decisions, and applied logical thinking, using deduction, induction and synthesis in order to draw the appropriate legal conclusions. The article contains the comparison of the Slovak and the Czech legislation in the affected field.

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TERMINATION OF EMPLOYMENT IN THE SLOVAK REPUBLIC AS A KEY ISSUE OF HR MANAGEMENT

TERMINATION OF EMPLOYMENT IN THE SLOVAK REPUBLIC AS A KEY ISSUE OF HR MANAGEMENT

Author(s): Milena Nosková,Tomáš Peráček / Language(s): English Issue: 2/2019

Termination of employment in the Slovak Republic represents a challenge to HR professionals due to its complex nature and strict requirements for legal compliance. The submitted paper focuses on analysis of various forms of termination of employment in the Slovak Republic in detail such as termination by agreement, termination by notice, immediate termination and termination in probation period as well as the multifaceted issue of collective redundancies. In addition, managerial aspects of termination are consulted and recommendations given. In terms of methodology, theoretical methods of research including logical abstraction, deduction as well as comparative method alongside with qualitative methods have been deployed. The main aim of the submitted contribution is to present a comprehensive guide for HR professionals as well as lay public in the very specific area that termination of employment in the specific conditions of the Slovak Republic truly is.

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ANALIZA SOCIJALNOG PODUZETNIŠTVA U HRVATSKOJ S KOMPARATIVNIM OSVRTOM NA REGULATORNI OKVIR

ANALIZA SOCIJALNOG PODUZETNIŠTVA U HRVATSKOJ S KOMPARATIVNIM OSVRTOM NA REGULATORNI OKVIR

Author(s): Ružica Šimić Banović,Ina Vojvodić / Language(s): Croatian Issue: 2/2019

The article presents the results of the comparative analysis of the regulatory frameworks of social entrepreneurship in selected EU countries. It seeks to provide insights into the issue that would be of value for Croatia. Additional contribution of the research is the SWOT analysis of social entrepreneurship in Croatia based on the information obtained in the semi-structured interviews with key entrepreneurs and experts in the field. The purpose of the article is two- fold: firstly, to reaffirm social entrepreneurship and its potential, and secondly, to enhance the understanding and contribute to the discussion on the attempts to improve social entrepreneurship in Croatia.

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CONSUMER PROTECTION AND NEW CONTRACT LAW IN 
THE EUROPEAN UNION AND IN ITALY

CONSUMER PROTECTION AND NEW CONTRACT LAW IN THE EUROPEAN UNION AND IN ITALY

Author(s): Tiziana Rumi,Angelo Viglianisi Ferraro / Language(s): English Issue: 1/2020

This paper deals with the recent normative modifications introduced in the European Union by the Directive 2011/83/EU (aimed to realise a full harmonisation of member states’ rules in some aspects of consumer and contractual law), and consequently in Italy, through the Legislative Decree No. 21/2014 (which transposed the supranational source). As it is known, the principal legal instruments used in the last years by the EU to protect the weak parties are the ‘information duties’ and the ‘right of withdrawal’. The new rules try to strengthen them, but the implementation of the European Directive in Italy gives rise to many arguable points and perplexities.

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THE IMPACT OF ABILITY-ENHANCING HRM PRACTICES ON PERCEIVED INDIVIDUAL PERFORMANCE IN IT INDUSTRY IN SLOVAKIA

THE IMPACT OF ABILITY-ENHANCING HRM PRACTICES ON PERCEIVED INDIVIDUAL PERFORMANCE IN IT INDUSTRY IN SLOVAKIA

Author(s): Antonín Korauš,Zuzana Kaščáková,Miroslav Felcan / Language(s): English Issue: 1/2020

The Human Resource Management is usually the source of sustainable competitiveness in the constantly changing environment and business world. There is no doubt about the impact of the HRM tools and HRM practices on performance. HRM practices can be clustered into the bundles according the model AMO, focusing on the abilities, motivation and opportunities to perform. This paper tests the correlation between the ability-enhancing HRM practices and the determinants of the individual performance. The research was conducted in IT industry in Slovak Republic with the aim to understand the relationships between HRM practices and individual performance. The outcome provides an important message for the HR management in order to influence and manage employee performance with the focus to create competitive advantage of the organization.

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THE ROLE OF TRADE UNIONS AND SOCIAL DIALOGUE DURING THE CRISIS: THE CASE OF SLOVAKIA

THE ROLE OF TRADE UNIONS AND SOCIAL DIALOGUE DURING THE CRISIS: THE CASE OF SLOVAKIA

Author(s): Monika Uhlerová / Language(s): English Issue: 1/2020

The aim of the contribution is to define the approach of trade unions and social dialogue at national (tripartite) and sectoral level in Slovakia during the economic crisis and the impact of the crisis on results of collective bargaining of higher instance collective agreements. We collected data from the collective agreements in four sectors, public and civil service, education and science, metal and chemistry industry. By analysing collective bargaining at sectoral level and examining collective agreements of selected trade unions of the production and nonproduction sectors, we point out the minimum rates of pay increase in selected production and non-production sectors compared to chosen macroeconomic indicators during the crisis times. We try to examine the involvement of social dialogue in taking measures and solving the crisis and compare the economic crisis situation in 2008 – 2009 and during recovery with the coronavirus crisis. According to such experience we try to describe and afterwards assume the position and attitude of trade unions after the period of coronavirus crisis and developments in social dialogue (at national level) during the consecutive economic and social crisis.

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РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.

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HOW THE TECHNIQUE ADVANCEMENT DOES THREATEN HUMANKIND, ENVIRONMENT AND LIFE: AN ETHICAL APPROACH

Author(s): Carmen COZMA / Language(s): English Issue: 1/2020

Undoubtedly, the advancement of technique and technology represents one of the most important paths of human progress. It is not the place to stress the great value technologies have meant throughout the history of civilization on Terra, especially in its 20th century growth, connected with the „Second Industrial Revolution‟ followed by the „digital revolution‟, on which the so-called „Fourth Industrial Revolution‟ is now building. Unfortunately, there are plenty of examples of human using of a good thing not for good purposes, but on the contrary causing major destruction and suffering on long-term. This kind of situations emphasizes a lack of responsibility and of minimal wisdom, care and respect for life in its integrality. Beyond all, at stake there is a serious problem of morality. We refer to the ignorance of ethical problems by some corporate organizations in our globalizing world, having a great negative impact for the planet and its various any life-forms. Part of nowadays multinational companies proves disdain as regards basic moral duties and social responsibilities, even though they display impressive codes of conduct, which remain just emptied formulas of applicability in real life. It is the case of the serious risks and dangers that the technique known as hydraulic fracturing or „fracking‟ produces for the medium to long-term evolution of life in its plenitude on Earth. In this paper we try to highlight the need of a veritable ethical culture to be appropriated and activated by all the social actors and, also, the significance of moral awakeness in making people to act for their own fundamental rights. We focus on the importance of working together on the side of „good and right‟, using the potential of moral philosophy towards an efficient, healthy and secure interference with economics, ecology, social culture, etc., to protecting and developing the wellness and sustainability of life, of natural environment and of human well-being finally.

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Актуални тенденции в законодателната уредба на висшето образование в България
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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.

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Правна регулация на футбола – забрани и ограничения

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.

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COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA - 20 YEARS OF COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA

COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA - 20 YEARS OF COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA

Author(s): Borka Tushevska Gavrilovikj / Language(s): English Issue: 3-4/2020

This article examines the laws in the Republic of North Macedonia (hereinafter RNM), that prohibit agreements among competitors to fix prices, divide markets or in other ways avoid or undermine market competition, otherwise known as competition laws. It explores the conditions and challenges in implementing Macedonian competition laws, as well as the role of the state (regulatory) authorities, the degree to which the competition laws comply with the European Union’s competition laws, and finally, the degree to which competition laws are effective and beneficial for the Macedonian economy. Properly implemented competition laws hold much promise. The enactment of competition laws is fundamental for the benefits of a market economy to be achieved. This encompasses economic growth, innovation, lower prices and higher quality of goods and services. The enactment of competition laws since the independence of the Republic of Macedonia is furthermore important. This is due to Macedonian obligations to meet the requirements for EU accession. Additionally, adoption of competition law and competition by-laws in RNM, positively affects on the work of authorities for the protection of competition. What is most important, this competition legal regime represents a base for reducing the abuse of the state authorities and theirs incompetent behaviors. At the end, the article contains conclusions, opinions and suggestions from the conducted research, which hopefully will be beneficial for the relevant auditorium. The analytical-descriptive method, the comparative method, the method of analysis and synthesis, and the method of induction and deduction were used to analyze the subject matter for this article.

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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)

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).

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Антиконкурентният ефект в контекста на икономическите концепции за конкуренцията

Антиконкурентният ефект в контекста на икономическите концепции за конкуренцията

Author(s): Emilia P. Dimitrova / Language(s): Bulgarian Issue: 9/2019

The anti-competitive effect is the hallmark of market dominance abuse. Neither the European Union Competition Law nor the Bulgarian Competition Law contains a legal defi nition of this term. It is linked to the term “competition“. The concept of competition is borrowed from economics. The interrelationship between market dominance and market dominance abuse outlines the subject-matter of this article. The present research examines the essence of the anticompetitive effect in the context of those economic concepts of competition that underlie the doctrines of market dominance.

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Efekty realizacji celów strategicznych w wybranych miastach ze szczególnym uwzględnieniem gminy miasta Szczecina

Efekty realizacji celów strategicznych w wybranych miastach ze szczególnym uwzględnieniem gminy miasta Szczecina

Author(s): Radosław Adamski / Language(s): Polish Issue: 37/2018

This article presents the issue of the effects of the implementation of strategic objectives, with particular emphasis on the City of Szczecin commune. The data obtained from the development of the Strategy Office of the City Council of Szczecin were used as the basis. Their analysis showed large variations in the development of key segments in individual Polish cities. The author examined the above issue by introducing a reference to the created ideal city, and therefore such that in Polish conditions would get the highest possible results.

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Proces konwergencji fiskalnej w Polsce. Dokonania i prognozy

Proces konwergencji fiskalnej w Polsce. Dokonania i prognozy

Author(s): Grażyna Ancyparowicz / Language(s): Polish Issue: 4/1/2018

This paper presents standing of the Polish general government sector after the excessive deficit procedure had been terminated. The analysis is based on government documents and internal documents of the Polish national central bank, which concern fiscal policy, as well as the relation between the exchange rate of Polish currency (PLN) and the national debt. Factors, which contributed to a significant improvement of the financial result of the general government sector in 2014-2017 have been indicated and the substantial contribution of the institutional subsectors to the overall financial result of the entire sector has been pointed out. The most important government initiatives are presented, which are aimed at the reduction of the structural deficit of the general government sector. An attempt has been made to identify risks that could endanger the medium-term budgetary objective (the deficit on the order of 1% of the GDP in 2021), assuming that an early identification of potential risks facilitates – if not elimination of the risks – then at least the alleviation of their adverse consequences.

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