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Overcoming the global financial and economic crisis, the European Union requires extensive and decisive action to reform the Economic and Monetary Union by establishing a single supervisory mechanism for banks, a common system of deposit protection, integrated management of banking crises, strengthening the institutional capacity of the European Union ruled budgets of the Member States etc.
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The causes of juvenile delinquency as well as the insufficient effectiveness of punishment against them require serious efforts to rethink and overcome as far as possible these problems. The right approach to adolescent perpetrators is the application of alternative methods to punishment and means of action aimed at correcting their behavior and re-education.
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The article provides a comparative analysis of the specific purpose of the trial clause and the training clause as elements of the content of the employment contract for a trial period and the employment contract for learning at work. In practice, a number of labour law disputes arise over the effect of both types of employment contracts. The main reason for this tendency is the lack of sufficient knowledge of their character and designation. The analysis carried out reveals the main specifics regarding the purpose of the employment contracts under Art. 70 and Art. 230 of the Labour Code, which will facilitate their application in practice. For the purpose of completeness of the study, the current case-law relevant to the issues raised has also been considered.
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Изправени сме пред поредното изменение на Закона за банковата несъстоятелност (ЗБН) с цел да се обслужи производството по несъстоятелност, открито за „Корпоративна търговска банка“ АД (КТБ). Честата промяна на закона сама по себе си е обезпокоителна и противоречи на конституционното изискване на чл. 4 от Конституцията за правовата държава, чийто съществен елемент е стабилността на законодателната уредба. Още по-обезпокоително обаче е противоречието на съдържанието на включените в Закона за изменение и допълнение на Закона за банковата несъстоятелност (ДВ, бр. 22 от 2018 г. – ЗИДЗБН) противоконституционни разпоредби, както и предвиденото обратно действие на закона. В настоящата студия сме направили анализ на противоречието на конкретните разпоредби от разглеждания ЗИДЗБН с конкретните разпоредби на Конституцията.
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The present study explores the major documents framing the defence aspects of the Common Security and Defence Policy of the European Union after the presentation of the new Global Strategy on Foreign and Security Policy. Their aims and content are presented together with some of the Bulgarian positions expressed in the process of their elaboration and adoption.
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This report examines the protection of individuals in the "electronic media - intermediary - individual" interaction in the context of the requirements of the General Data Protection Regulation. A general model of interaction is defined and the issues of processed personal data, protection of the rights and personal data of individuals are studied.
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The general principles for the functioning of the Internal Market, of which Public Procurement is an essential part, are laid down in the Treaty on the Functioning of the European Union. Among them, the rules governing the free movement of goods, people, services and capital are essential. There are no explicit provisions for Public Procurement procedures and the principles for their functioning. The purpose of this article is to examine and analyze the case-law of the Court of Justice of the European Union, which develops and implements the principles of fair competition, equal treatment and non-discrimination, publicity and transparency in Public Procurement. Their implementation is a guarantee for the widespread competition in this specific part of the Internal Market.The general principles for the functioning of the Internal Market, of which Public Procurement is an essential part, are laid down in the Treaty on the Functioning of the European Union. Among them, the rules governing the free movement of goods, people, services and capital are essential. There are no explicit provisions for Public Procurement procedures and the principles for their functioning. The purpose of this article is to examine and analyze the case-law of the Court of Justice of the European Union, which develops and implements the principles of fair competition, equal treatment and non-discrimination, publicity and transparency in Public Procurement. Their implementation is a guarantee for the widespread competition in this specific part of the Internal Market.
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On 25 May 2018, Regulation 2016/679 (General Data Protection Regulation, GDPR/ the Regulation) became applicable. It introduced a unified regime for the protection of personal data within the European Union, further developing the existing national rules in this matter, adopted by the Member States when transposing the requirements of Directive 95/46 that precedes GDPR. Among the ambitious goals of the European legislator with the adoption of GDPR is to ensure the control of natural persons over their own personal data and to enhance legal and practical certainty for natural persons, economic operators and public authorities. One of the means to achieve this is to expand the scope of some existing rights of data subjects in the processing of their personal data, the establishment of new, hitherto unknown rights, as well as the regulation of reciprocal obligations of the subjects processing personal data – data controllers and processors. In addition, GDPR introduces specific rules on the remedies of the data subjects in case the requirements of the Regulation on the processing of their personal data are infringed. The purpose of this study is to analyze the rules for determining international jurisdiction in proceedings related to infringements of the rules of GDPR. The types of legal remedies that GDPR provides to data subjects are considered - the right to lodge a complaint with a supervisory authority, the right to effective judicial remedy against a supervisory authority and the right to effective judicial remedy against a controller or processor and the rules for determining international jurisdiction over the said proceedings.
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The present paper attempts to make a short SWOT analysis of the environment in which the human resources involved in the EU territorial programmes of Bulgaria function. The requirements towards the human resources dealing with the management and implementation of the territorial programmes are explained that come from the relevant EU and the Bulgarian legislation, as well as the obstacles they face due to regional and national differences and the positioning of the working places. Some challenges are described towards 55 the management teams and related to attracting and keeping of skilful employees, as well as the indisputable opportunities the implementation of large-scale and socially significant programmes and projects offer. Some proposals for the building of sustainable and qualitative administrative capacity for the management of territorial programmes are included based on the research work and professional experience of the author.
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Hate speech can sometimes also take the form of public denial, belittlement or rehabilitation of crimes against humanity and war crimes or praise of persons convicted of such crimes. The article argues that the case-law of the European Court of Human Rights (ECtHR) on hate speech, including on the internet, is still under development that involves balancing different rights and freedoms: discrimination, privacy and freedom of expression. The author also comparatively examines both existing models of countermeasures against hate speech, namely the European and American approaches.
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The standards deriving from the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the right to life in the context of the use of life-threatening force by the police are analysed. During the last three decades the Euro-pean Court of Human Rights has formulated and further developed a significant num-ber of requirements both for the general compliance of Member States’ domestic legis-lation with the Convention, and for the conduct of State authorities in terms of plan-ning and realisation of police operations, and investigating into cases of death caused by the police. The current study examines these requirements in detail, and establishes that, in addition to the ones referring to the legislative framework, there are also such of a forensic, institutional and organizational nature. Particular empha-sis is placed on the criteria that the investigation must fulfil in order to be effective. The essence and content of the circumstances provided for in Art. 2, para. 2 of the Convention, under which the use of lethal force is absolutely necessary and, therefore, permissible, are discussed. Relevant aspects of the Bulgarian legislative and institu-tional experience in the process of achieving compliance with the outlined require-ments have been reviewed.
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The article explores the growing significance of environmental concern in economic, political, and social life, particularly in the context of the climate crisis. Since the 1970s, environmental awareness has steadily increased, with citizens increasingly demanding actions to protect nature. Proposals have emerged to recognize the right to a clean environment as a fundamental human right, alongside other fundamental rights. International and national initiatives offer legal mechanisms which enable citizens to participate in environmental decision making processes. Despite the existing challenges, the recognition of environmental rights is becoming a key element in modern politics and law.
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The article explores the importance of the democratic development of local self-government, which results from the membership of the Republic of Bulgaria in the Council of Europe, tracing the processes and trends of decentralization in the state. The Congress of Local and Regional Authorities of the Council of Europe is of major merit in promoting the development of local democracy in the Republic of Bulgaria. Emphasis is placed on the fact that the Congress has only consultative functions, which means that the obligation to achieve the goals of local democracy ultimately lies with Bulgarian society, making progress in this area a collective responsibility.
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The subject of this article is the interpretation of Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. In the analysis, the author specifically focuses on Article 4 para. 4 of the Directive, which relates to how a national competition authority is selected. This provision requires that the procedure for selection or appointment be specified in advance in the legislation, be clear and precise. However, according to the author, this does not exclude the possibility of the political nature of the selection process of the candidate, the determination of his professional competence, involvement in political activities, or the term of the elected body.
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The article analyzes the emergence and evolution of an extraordinary legal remedy—an appeal for annulment—in the legislative system of the Republic of Moldova, including the exclusion of the appeal for annulment from criminal proceedings through Law No. 264/2023. With the removal of this legal remedy from criminal procedures, another internal mechanism for ensuring the right to defence and free access to justice disappears on the one hand. Still, it also eliminates an important national lever intended to prevent potential condemnations of the Republic of Moldova by the European Court of Human Rights on the other hand. Although the legislator initially aimed to improve the quality of justice through this law, the consequences may turn out to be quite different. With the exclusion of the appeal for annulment from criminal procedures, there is no longer any internal mechanism to address the fundamental flaws that are often present in judicial processes.
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The article presents the Sejm’s position on assessing the compatibility of Article 1 para. 9 of the Act of 15th December 2000 on Housing Cooperatives – providing for the exclusion of the application of the provisions on shares and entry fees as well as the obligation to submit a declaration in order to be admitted as a member of a cooperative, with the relevant provisions of the Constitution. The author refers to the constitutional complaint in SK 102/22 case, considering the possibility of a housing cooperative rejecting a claim for admission as a member of a housing cooperative by the owner of a residential property located in the common property managed by the cooperative. Analysis focuses on the Constitution’s guarantees of equality before the law, freedom of associationand protection of property with respect to the rights of housing cooperatives as indicated in the Act on Housing Cooperatives, in particular, the right to decide on the acquisition of cooperative membership.
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The last decades have been characterized by attempts to interpret imperative norms of international law depending on the national interests of states, particularly the Great Powers. Such an approach can have negative effects on international law as a whole. Indeed, the founding fathers of these norms engaged in extensive debates to establish the spirit and essence of imperative norms in the interest of the international community as a whole. The classical interpretation of imperative norms is one of the pillars of the uniform application of international law.
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When the European Court of Human Rights finds an interference with a right guaranteed by the European Convention on Human Rights, the European Court checks, first of all, whether the interference is provided for by law. If the answer is yes, then the European Court of Human Rights analyzes whether the interference pursues one or more legitimate aims. Again, if the answer is yes, ultimately the European Court of Human Rights checks whether the interference is necessary in a democratic society. This analysis algorithm is also called “triple test”. These steps are followed in most cases. However, this study shows that in the context of Article 7 of the European Convention on Human Rights (article which guarantees the principle of the legality of the crime and the legality of the punishment), the Court of Strasbourg applies, in essence, the test of the quality of the law, with some particularities.
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The Appellations of Origin of the goods and Geographical Indications are independent objects of intellectual property and have a certain feature, indicate the place of origin. This article presents a legal analysis of Lisbon Agreement for the Protection of Appellations of Origin and their International Registration and Geneva Act of Lisbon Agreement as International Lisbon System. In particular, the article presents a detailed analysis of the provisions of the Geneva Act, advantages and features, and its significance for the Republic of Moldova.
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