Комплексно разрешително по чл. 117 от Закона за опазване на околната среда

Author(s): Dencho Slavov / Language(s): Bulgarian Issue: 2/2024

Activities in certain industrial sectors involve the use of installations which may affect environmental components, and there is therefore a need to monitor them. One of the means for this is the introduction of a permit regime for the construction and operation of new and the operation of existing installations and facilities for industrial activities, which are listed in Annex 4 to Article 117(4) of the Environmental Protection Act. The legal regulation of the integrated permit is in Chapter Seven of the Environmental Protection Act, entitled Prevention and Limitation of Industrial Pollution and in the Regulation on the Conditions and Procedure for Issuing Integrated Permits, adopted by the Decree No 238 of 2 October 2009. The systematic location of the regulation in Chapter 7 of the Environmental Protection Act leads to the conclusion that the issue of integrated permits under Article 117 of the Environmental Protection Act is an activity for the implementation of environmental protection policy, part of the management activity of the executive power for the prevention and limitation of industrial pollution.

Playing God: Human Digital Twin. A Legal Approach

Author(s): Carmen Tamara Ungureanu,Ştefan Răzvan Tataru / Language(s): English Issue: 2/2024

Human Digital Twins (HDTs) seem futuristic, but the technology behind them is already a reality. Two elements make up HDTs technology: the real person and his or her digital counterpart/twin, as well as two-way communication between them. Furthermore, the actual surroundings and people that the twin interacts with in real life are transferred into cyberspace. A complete HDT does not exist, yet. In most cases, only certain aspects of human attributes are used in a particular context for specific purposes. But the technology will be able, sooner or later, to „create” a “full” HDT. This endeavour could be equated with a God creation, if we admit that God exists. To prepare to face the future, which is already here, everybody should be at least well informed. Therefore, in this article we will try to depict a comprehensible portrait of the HDTs. We will start by making a brief presentation of what Digital Twins (DTs) and HDTs technologies mean, their functioning, and their practical applications. We will focus afterwards on the legal issues concerning HDTs in an EU legal context. We will try to clarify the applicable rules and the HDTs ownership and other possible proprietary rights, such as intellectual property ones. Last, we will name a few legal and other concerns connected with HDTs.

Dispatch of the Court Decision by E-mail

Author(s): Cătălin Lungănașu,Claudia Roșu / Language(s): English Issue: 2/2024

The conclusion of a civil lawsuit takes place by issuing the court decision. The way in which the court decision is served is particularly important because of the consequences it generates: the starting point for the time limit for lodging an appeal; determining the date when it became final; its binding and enforceability. In this study, the authors appreciate the legislative change of communication of court decisions by e-mail, because there is a need in court for those tools that contribute to the speed and simplification of the civil process.

AI Ethics: The Bias Puzzle

Author(s): Alexandru Chistruga / Language(s): English Issue: 2/2024

The advantages of artificial intelligence are extensively discussed in specialized literature, which claim that technology has the power to fundamentally change society. However, rapid development of artificial intelligence does carry some serious risks, the most important of which is the spread of false and discriminatory information. Since artificial intelligence is "fed" with data from many sources, there is an increased risk that some of the data contains extremist or xenophobic literature. In such circumstances, artificial intelligence could spread extremely dangerous theories and ideas. Thus, government intervention is required to preserve control over the different data categories that developers have access to. As an example, we would like to bring up the fact that during testing, one of the most well-known AI interfaces, GPT-4, provided "advice" on how to murder a huge amount of people for a single dollar and what messages to promote in order to attract people to join Al-Qaeda.

Evolution of Legal Systems in the Digital Era: An Analysis of Artificial Intelligence in E-Business

Author(s): Elena Sârghi,Ileana Marian / Language(s): English Issue: 2/2024

The paper examines the changes in the legal field brought about by digital technology, especially artificial intelligence. Focusing on how these changes have impacted the online business environment. The study wants to analyze how tools such as contract analysis algorithms, virtual legal assistance systems, and other solutions based on artificial intelligence bring new challenges to this field. At the same time, the article highlights the opportunities and challenges brought by these technological developments. Among the most important issues are data security, privacy, legal liability, and how traditional legal systems adapt to new digital requirements. It also examines how legal professionals are prepared to adapt to the changes brought about by the growth of e-commerce. The analysis shows how well artificial intelligence can ease legal processes specific to e-commerce. Access to justice and the costs and time needed to resolve disputes can be significantly reduced with the help of new technologies. The article helps to understand how changes in legal systems are directly influenced by the digitization of the online commerce environment.

AI Use in the Workplace. Some Legal Risks and Challenges

Author(s): Dana Volosevici / Language(s): English Issue: 2/2024

As Artificial Intelligence (AI) advances, businesses benefit from its ability to exponentially enhance process effectiveness and efficiency, while also facing risks related to personal data protection, human dignity, and ultimately, human identity. This article aims to investigate two domains where AI is frequently employed in labor relations: recruitment and employee monitoring. In these areas, the article seeks to discuss aspects that could help clarify the conditions for the legitimate use of AI. A potential application of the ECJ's SHUFA case solution in recruitment is proposed, while the case of Amazon France Logistique is analysed concerning AI-based employee monitoring.

The European Battle for Data in Tax Administration: Balancing Innovation and Compliance

Author(s): Elena IONAȘCU / Language(s): English Issue: 2/2024

The development of Blockchain technology in recent years has underscored the need for legislative harmonisation through the creation of specific regulations at the level of the European Union. This technology has opened new doors to tax fraud and tax evasion activities in the tax field. As a response, the battle for data took the form of Council Directive (EU) 2023/2226 amending Directive 2011/16/EU on administrative cooperation in the field of taxation. The cost of ensuring transparency in this area falls on Crypto-Assets service providers, who are now required to collect and report more data to Member States. Through the fiscal cooperation mechanism, the tax authorities access to users' data is extensive, legitimised only by the interest to assure proper taxation and the security of the European Union`s internal market. In this context, this study aims to outline an overview of the data collected for tax purposes within the Blockchain sector and the obligations of the involved parties.

USLOV ISCRPLJENOSTI DOMAĆIH PRAVNIH LIJEKOVA U POSTUPCIMA PRED EVROPSKIM SUDOM ZA LJUDSKA PRAVA – PRIMJER BOSNE I HERCEGOVINE

Author(s): Maša Alijević,Senada Zatagić,Amna Hrustić / Language(s): Bosnian Issue: 32/2023

Article 35, paragraph 1 of the European Convention on Human Rights and Fundamental Freedoms (ECHR) of 1950 provides that an individual application to the European Court of Human Rights (the Court) may be submitted by individuals, non-governmental organizations, or groups of individuals against Convention member states. In order for such an application to be accepted, certain conditions must be fulfilled, including the condition of exhaustion of domestic remedies in the country being sued. Depending on the country in question, this will often mean that there must be a final judgment of the Supreme or Constitutional Court on the issue to which the application relates. In its practice, the Court has established certain rules in deciding on this condition, and it is considered that this issue should be approached with a certain flexibility and that it is not an automatic or absolute rule. For example, the Court has determined that this condition may be fulfilled even after the application is submitted to the Court, but before a decision is made on the admissibility of the case for decision before the Court, or that there may be certain special circumstances when this condition does not have to be fulfilled. This paper will analyze the Court’s case law regarding the issue of exhaustion of domestic remedies, and how this issue is regulated in Bosnia and Herzegovina, i.e., what procedure is provided for by domestic legislation to satisfy this condition. Given the specific constitutional arrangement of Bosnia and Herzegovina and the organization of courts, this paper will analyze the procedure for fulfilling the condition of exhaustion of domestic remedies, and it will be analyzed in relation to the Baralija v. Bosnia and Herzegovina case, which represents an exception to the rule, since the Constitutional Court of Bosnia and Herzegovina did not decide on this case before the application to the Court was made, and the Court accepted and decided on it.

NEZAKONITI DOKAZI U KRIVIČNOM POSTUPKU U EVROPSKOM KONVENCIJSKOM SISTEMU ZA ZAŠTITU LJUDSKIH PRAVA

Author(s): Nezir Pivić,Lejla Zilić-Čurić / Language(s): Bosnian Issue: 32/2023

Admissibility of illegally obtained evidence is one of the most complex issues in criminal proceedings. European continental legal system countries have adopted various legal solutions regarding the methods of assessing and excluding illegal evidence from criminal proceedings. The European Court of Human Rights does not have jurisdiction to decide on the admissibility of evidence in national criminal proceedings. Instead, based on a “holistic approach,” the European Court of Human Rights decides whether the national criminal proceedings as a whole were fair, taking into account the manner of obtaining and assessing the evidence. This paper explores and analyzes the key positions of the court in cases concerning the use of illegally obtained evidence in national criminal proceedings. The key positions of the European Court of Human Rights should serve as guidelines in the application of national law in Council of Europe member states. The paper can serve as a useful tool in further research on the compatibility of the application of domestic law with the standards of the European Court of Human Rights.

ČLAN 17. DIREKTIVE EU O AUTORSKOM I SRODNIM PRAVIMA NA JEDINSTVENOM DIGITALNOM TRŽIŠTU: BURA U „SIGURNOJ LUCI“

Author(s): Harun Lozo / Language(s): Bosnian Issue: 32/2023

At the level of the European Union, providers of online - internet services have enjoyed the benefits of a “safe harbor” for a longer period of time in terms of responsibility for content uploaded by users. Their role was passive, and responsibility arose only in the event that they somehow became involved in the illegal activities of their users. With the adoption of the Directive on copyright and related rights in the digital single market, a complete turnaround took place. Article 17 strengthens the responsibility of service providers, so that they now have the obligation to act proactively with the aim of preventing the availability of content protected by copyright or related rights. Such an obligation is regarded as an obligation to introduce a monitoring filter, which is regarded as a threat to freedom of expression and information, and Article 17 of the Directive was challenged not only in theory, but also before the Court of the European Union. It turns out that the Directive provides sufficient guarantees of freedom of expression and information, and that any restrictions are justified and are proportionate to the goal it seeks to achieve, which is to improve the position of intellectual property rights holders.

Детайлен анализ на свързаните с правото на ЕС изисквания към исканията от съд до Конституционния съд – II част

Author(s): Atanas Semov / Language(s): Bulgarian Issue: 7-8/2024

Judgments due ipso jure by the judge in each case, which must also be set forth in a request to the SC. In this second part, all judgments related to the PES are indicated, which each judge (judicial panel) owes ipso jure in each case and ex officio - and in the sequence that their practical implementation requires and as therefore indicated by the Supreme Court.

TRAVNIČKI/VLAŠIĆKI SIR KAO OZNAKA GEOGRAFSKOG PORIJEKLA: STATUS QUO I PERSPEKTIVA ZAŠTITE

Author(s): Harun Lozo / Language(s): Bosnian Issue: 33/2023

In the system of intellectual property rights, geographical indications are the area in which Bosnia and Herzegovina has the greatest potential. In addition, agricultural production is one of the basic economic branches of Bosnia and Herzegovina. Increasing demands for products of domestic, verified origin, as well as customers’ concerns about health aspects of foodstuffs, have put products with geographical indications in the focus of interest in last few decades. The Travnik/Vlašić cheese is one of the domestic, autochthonous, well-known products that is not fully protected geographicla indication before the competent Institute for Intellectual Property of Bosnia and Herzegovina. The paper seeks an answer to the question of whether Travnik/Vlašić cheese meets the conditions for protection as geographical indication, and what would be appropriate modality of protection. The research results show that product has a reputation, but also that there was a separation of the names of Travnik and Vlašić cheese, as well as a separation of the raw materials used for production, and the geographical area of production. For this reason, the proposal is that Vlašić sir should be protected as protected geographical indication for sheep’s milk cheese, while the name Travnik cheese should also be protected as protected geographical indication for cow’s milk cheese.

Решение на Съда на Европейския съюз от 15.06.2021 по дело C-190/20

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2024

Преюдициално запитване до Съда на Европейския съюз от 18.12.2023 г. по адм. дело № 6275/2023 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

Преюдициално запитване до Съда на Европейския съюз от 27.03.2024 г. по адм. дело № 8791/2023 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

LEGISLATIVNI I INSTITUCIONALNI OKVIR NADZORA KONCENTRACIJA PRIVREDNIH SUBJEKATA NA PODRUČJU BOSNE I HERCEGOVINE I EVROPSKE UNIJE

Author(s): Lidija Zulić / Language(s): Bosnian Issue: 33/2023

Business entities, naturally motivated by making a bigger profit, as well as improving placement and disposal of the their product, are not allowed to make steps that will lead other business actors to a inferior position. There are three main forms of violating the law of competition, but for the needs of this paper main focus was put on the merger control of business entities. This proces can be achived in different ways and because of that, is followed by enormous number of specifities, which need to be taken in to considiration, that is to be percived in the right way and in many contexts, in order to correctly estimate it’s effect on the market structure. Consequently, national legislations are given clear procedures for merger control of business entities, and by that aspire for adequate and whole protection of the market and of all participants. Because Bosnia and Herzegovinais directly involved in the market of European Union, in the focus of this paper was put a detailed structural display, that is legislative and institutional frame for the law of competition and merger control of business entities in the European Union and Bosnia and Herzegovina.

Преюдициално запитване до Съда на Европейския съюз от 13.07.2023 г. по адм. дело № 12013/2022 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2024

Преюдициално запитване до Съда на Европейския съюз от 14.07.2023 г. по адм. дело № 1964/2023 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2024

UNIFICIRANI EVROPSKI GRAĐANSKI SUDSKI POSTUPCI

Author(s): Alena Huseinbegović,Viktorija Haubrich / Language(s): Bosnian Issue: 33/2023

The paper deals with three Evropean Union Regulations that regulate unified civil court procedures: Regulation (EC) no. 805/2004 of the Evropean Parliament and the Council from April 21, 2004 that introduces the Evropean enforcement title for undisputed claims, Regulation (EC) no. 1896/2006 on the introduction of the Evropean payment order procedure, Regulation no. 861/2007 of the Evropean Parliament and the Council from July 11, 2007 on the introduction of the Evropean procedure for small claims (Regulation (EU) 2015/2421 on amending the Regulation (EC) No. 861/2007 on the introduction of the procedure for small claims and Regulation (EC) No. 1896/2006 on the introduction of the Evropean payment order procedure). The joint main goal of the regulations was to create simplified and fast procedures in which costs are reduced and on the basis of which certain claims in civil and commercial cases can be quickly resolved in cross-border situations conducted by filling in standardized forms available in each member state. Decisions from these procedures are recognized and enforced in other member states without the need to carry out a previous intermediate procedure before recognition and enforcement. Bosnia and Herzegovina, as a country with candidate status for membership of the Evropean Union, is obliged to harmonize its legislation with the acquis communautaire, and it is necessary to incorporate special chapters of the “Evropean procedures” into civil and enforcement laws with the incorporation of unified civil court procedures.

Юриспруденция. Решение на СЕС по дело C-512/08

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 3/2024