“DISCRIMINATION BY ASSOCIATION” - BETWEEN JURISPRUDENTIAL CONSECRATION AT EUROPEAN LEVEL AND LEGISLATIVE DESIRE IN ROMANIA. SOME CONSIDERATIONS

Author(s): Constanta Matusescu / Language(s): English / Issue: Supliment1/2019

Discrimination by association is a concept that, while not expressly regulated by the European Union law, has been enshrined in the case law of the Court of Justice of the European Union. It allows the extension of the legal protection provided by the antidiscrimination legislation of the European Union to persons who, although they do not belong to the protected categories due to the reasons of discrimination envisaged (racial and ethnic origin, religion or belief, disability, age and sexual orientation), undergo less favorable treatment or certain disadvantages as a result of the links ("association") with a protected category. In Romania, discrimination by association is not consecrated at the legislative level, but in recent years two legislative initiatives (still unfinished) have been promoted in order to regulate it. In this context, the article aims to analyze the scope of discrimination by association, starting from the European legal framework in the field of non-discrimination and from the interpretative case law of the Court of Justice of the European Union. The main landmarks of the Court's case law and its possible implications at national level are identified. At the same time, by making a brief inroad into domestic law in combating discrimination, the paper concludes that, although there are certain obstacles, national law can be interpreted to include discrimination by association. Therefore, although a legislative consecration of discrimination by association is preferable, it should be done with a degree of caution given the possible implications and persistence of certain ambiguities in the relevant European case law.

Јавно-приватно партнерство и концесије у процесу придруживања Европској унији

Author(s): Jugoslava Vojnović / Language(s): Serbian / Issue: 60/2017

In this paper, the author is studying the role of regulation and significance of public private partnership (PPP) institution and concessions in the association process of the Western Balkan to the European Union, specifically in regard to the example of the Republic of Serbia. Namely, the hypothesis of this paper is that public-private partnership and concessions represent a very important part of society, the clear regulation of which is the basis of every regulated society, playing a particularly important role in the stabilization and association process. The paper consists of three parts. In the first part, the author is studying the stabilization and association process, its definition and history of the subject. In the second part, the author is studying the definition of public-private partnership and concessions in general and in the Republic of Serbia as well, being an example of a country currently in the process of stabilization and association. In the third part of the paper, the author is establishing the connection between the two concepts, the stabilization and association process and public-private partnership and concessions, studying the role of regulation and implementation of public-private partnership and concessions in the stabilization and association process. In conclusion, it is pointed out that public-private partnership and concessions represent a very significant part of the stabilization and association process, but certainly in the wider sense as well. Namely, an unregulated institution that is the subject of this paper can possibly have very wide and far-reaching consequences within a particular state, as well as in a wider community such as the European Union. Furthermore, in conclusion, the author is of the opinion that unregulated PPP, or one that is regulated, although the regulations are not implemented or partially and selectively implemented, could influence several areas of society such as: transparent public administration, economy of public administration, corruption, controlled aids granted by States, non-transparent privatizations or public procurement, which makes regulation and implementation of PPP regulations essential in the stabilization and association process.

Јединствени суд за патенте

Author(s): Sanja Jelisavac Trošić / Language(s): Serbian / Issue: 45-46/2013

National courts and authorities of the contracting states of the European Patent Convention are competent to decide on the infringement and validity of European patents, but in practice, this gives rise to difficulties when a patent proprietor wishes to enforce a European patent, or when a third party seeks the revocation of a European patent in several countries. First of all, high costs, risk of diverging decisions and lack of legal certainty. In order to improve the enforcement of patents and to enhance legal certainty EU will be setting up a Unified Patent Court. The Unified Patent Court is a single patent court covering 25 countries, and is comprised from Court of First Instance, a Court of Appeal and a Registry. This Court will be for litigation relating to the infringement and validity of patents. Unified Patent Court will be a court common to the Contracting Member States and thus part of their judicial system. The Court is with exclusive competence in respect of European patents with unitary effect and European patents granted under the provisions of the European Patent Convention. Patent proprietors from Member States of the European Union participating in the enhanced cooperation can request unitary effect of their European patents so as to obtain unitary patent protection in the all Contracting parties of the Agreement. Member States which have decided not to participate in the enhanced cooperation in the area of the creation of unitary patent protection may participate in the Agreement on а Unified Patent Court in respect of European patents granted for their respective territory. Agreement is open to accession by any Member State of the European Union. Agreement on а Unified Patent Court should enter into force on 1 January 2014 or on the first day of the fourth month after the 13th deposit, provided that the Contracting Member States that will have deposited their instruments of ratification or accession include the three States in which the highest number of European patents was in force in the year preceding the year in which the signature of the Agreement takes place, or on the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No 1215/2012 (1) concerning its relationship with this Agreement, whichever is the latest.

Център и периферия на европеизираните публични сфери

Author(s): Ralitsa Kovacheva,Ralitsa Kovacheva / Language(s): Bulgarian / Issue: 3/2018

The text presented is dealing with the current transformations of the Europeanised public spheres. The author argues that depending on the level of presence of the current European debates in the national public sphere, we can highlight centre and periphery and in parallel with the process of Europeanisation, the opposite process is also taking place – a process of peripheralization. Besides the theoretical arguments, the book presents the results of a comparative analysis of 2014 European elections` media coverage in the most popular newspaper websites in Bulgaria and the UK (February-June 2014). 3356 publications from 8 media outlets (The Daily Telegraph, The Guardian, The Independent, Daily Mail, 24chasa.bg, Dnevnik.bg, Trud.bg and Segabg.com) have been coded and analyzed.

Циљне санкције у међународном и комунитарном праву - случај "Кади"

Author(s): Jelena Stojiljković / Language(s): Serbian / Issue: 58/2016

Terrorism, as one of the greatest challenges the world is facing today, is a common threat to all people and states and it certainly requires an international response. The research goal of this paper is to describe, through an analysis of the judgment of Court of First Instance in Kadi case, the shift from economic sanctions against whole nations to sanctions targeted at individuals. Although the targeted sanctions have appeared precisely in response to criticism aimed at economic sanctions and also due to some historical circumstances, targeted sanctions regime has been receiving criticism for the manner in which individuals may come to be selected without transparency or possibility of formal review. The important questions related to the targeted sanctions arose in the Kadi case concerned the competence of the Community to adopt and implement targeted (smart) sanctions, directed against terrorist – individuals.

ЧАСТНО ИЛИ ПУБЛИЧНО ПРАВОРАЗДАВАНЕ? СЪВРЕМЕННО РАЗГЛЕЖДАНЕ НА ПРОИЗХОДА НА ГРАЖДАНСКИЯ ПРОЦЕС В РИМСКОТО ПРАВО

Author(s): Marko Petrak / Language(s): Bulgarian / Issue: 2/2015

The aim of this paper is to analyse the most important modern attempts to reconstruct the origin and development of civil procedure – particullarly in ancient Roman law – and try to answer the vexed question of whether the earliest Roman civil procedure is one type of private justice or whether it has the characteristic features of public justice from its inception. Cotemporary studies of civil procedural law still follow the theory of private justice (Schiedsgerichtstheorie) in the form of arbitration as an explanatory paradigm for the origin and development of civil procedure. However, the Schiedsgerichtstho-rie did not originally emerge and develop within the field of civil procedural law, but in the writings of Roman law scholars during the first half of the 20th century. More recent romanistic studies, on the contrary, have refuted the Schiedsgerichtstheorie and advocated with convincing arguments the idea that the ancient Romans, like all other peoples, settled disputes in their community by turning to the supernatural powers of their deities in the public manner. The author is of the opinion that it is about time that contemporary civil procedure scholarship abandoned this obsolete theory of private justice and took into account more recent Romanist reconstructions of the origin and development of Roman civil procedure, starting from the insight that the religious based rituals of public justice represented the very first beginnings of that procedure.

ЧАСТНО ПОЛЗВАНЕ НА ПУБЛИЧНИТЕ ГРАДСКИ МЕСТА. АКТУАЛНИ ПРОБЛЕМИ И ПРАВНИ РЕШЕНИЯ НА ДРЕВЕН РИМ

Author(s): Andrea Trisciuoglio / Language(s): Bulgarian / Issue: 1/2018

Private uses of public places in the city. Current problems and legal solutions of ancient Rome.

Читалището и опазването на нематериалното културно наследство (Из живота на групите за фолклор в Бистрица и Алино)

Author(s): Stela Nenova / Language(s): Bulgarian / Issue: 4/2019

The article represents the folklore groups created in the second half of the 20th century. They allow for the local village tradition (preserved as a living practice of its bearers) to enter the local chitalishte. The analysis of the filed-work research in the villages of Bistritsa (Sofia City Municipality) and Alino (Samokov Region) reveals different aspects of the relation between chitalishte institution and intangible cultural heritage in the changing social and cultural contexts, as well as in relation to the changing cultural policies. Thus the article offers an anthropological point of view to the transmission of traditional knowledge, skills and experience in chitalishte environment.

Членството в Европейския съюз като фактор за сближаване на частноправните уредби на държавите членки

Author(s): Ekaterina Mateeva / Language(s): Bulgarian / Issue: 4/2014

The article aims to analyse the role and importance of the European Union (EU) membership in the process of approximation of private law regulations in the Member States. Issues related to the specific features of the convergence of national legal systems in the EU are commented and their main characteristics are defined. The focus of analysis is the significance and the role of EU mandatory law and the case-law of the European Court ofJustice (ECJ) in shaping the regulation in European private law and its influence on Member States ’ private law.

Членството на България в Европейския съюз: единадесет години по-късно

Конференцията е организирана под патронажа на ректора на УНСС проф. д. ик. н. Стати Статев и посветена на резултатите от българското председателство на Съвета на Европейския съюз през 2018 г.

Author(s): / Language(s): English,Bulgarian

This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Eleven Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 19 October 2018, was dedicated to the results of the Bulgarian presidency of the Council of European Union in 2018. It was patronaged by the UNWE Rector Prof. D. Sc. (Econ) Statti Stattev. The keynote speaker at the conference was Lilyana Pavlova, PhD, Minister for the Bulgarian Presidency of the Council of the European Union 2018, the first time Bulgaria chaired the rotating presidency. The authors dedicate their research topics in areas such as: practical results of the 2018 Bulgarian presidency of the Council of EU, contemporary financial issues and trends within EU and the Eurozone, banking trends, the common currency, risk management, Fintech, climate action and climate change, electricity production, Cohesion, competitiveness, multiannual financial framework, migration, social entrepreneurship, corporate identity, marketing efficiency aspects, multicultural projects and stakeholders management, etc.‘The Membership of Bulgaria in the EU: Eleven Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.

Членството на България в Европейския съюз: осем години по-късно

Author(s): / Language(s): English,Bulgarian

This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Eight Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 2 October 2015, traditionally provided a stage for prominent academics, dedicated PhD students and professionals to discuss contemporary topics related to multiple aspects of the European integration, its effects on the Bulgarian economy, value chain and socio-economic environment, international business and relations, financial markets and banking.The contributors to this edition of the annual conference book reviewed the European integration and development though the perspectives of the fiscal and political measures to tackle the consequences of the financial crisis in both the Euro area and the other EU member states, implications on the banking sector, foreign direct investment, risk mitigation. The financial crisis and the results in the aftermath of it (capital liquidity imbalances, fiscal instability, banking volatility, quantitative easings and Euro area performance indicators, to name a few) are dominating among the majority of authors’ research. The contributors review issues related to the corporate management, corporate governance, sustainable education, organizational design, digital marketing, ethical PR and media, talent development in large organizations. Another group of researchers offer in-depth reviews of the current EU institutional framework, emerging questions related to the energy security and the EU energy policy as well as the environment on a global level, healthcare and business innovations. ‘The Membership of Bulgaria in the EU: Eight Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.

Членството на България в Европейския съюз: пет години по-късно

Author(s): / Language(s): English,Bulgarian

This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Five Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 15 October 2012, traditionally provided a stage for prominent academics, dedicated PhD students and professionals to discuss contemporary topics related to multiple aspects of the European integration, its effects on the Bulgarian economy, socio-economic environment, international business and relations, finance and politics. The contributors to this edition review the recent changes in the EU’s budgetary policy, the progress of the banking union as well as the political union and sentiments among the member states. Another thematic circle are the consequences of the financial crisis and the changes introduced to the banking sector, especially regarding the monitoring, supervisory mechanisms and capital requirements. Following the same context, the macroeconomic imbalance procedure is being discussed, analysis on the regional economic integration of Bulgaria, competitiveness, and country’s external trade is presented as well as a research on the public procurement procedures. Readers would find more on the climate change implications, energy security in the EU and the utilization of renewables as a tool to address those concerns. Another group of authors study the contemporary human resource management in the complex business environment, product positioning and marketing. ‘The Membership of Bulgaria in the EU: Five Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.

Членството на България в Европейския съюз: седем години по-късно

Author(s): / Language(s): English,Bulgarian

This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Seven Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 3 October 2014, traditionally provided a stage for prominent academics, dedicated PhD students and professionals to discuss contemporary topics related to multiple aspects of the European integration, its effects on the Bulgarian economy, socio-economic environment, international business and relations, finance and politics. The authors in this edition of the book thoroughly reviewed the economy of the Euro area and the EU as it progresses after the latest recession. A Group of authors focuses attention on the banking sector, monetary aspects and inflation, the development in the Economic and monetary union within EU, the Single Supervisory Mechanism and the overall competitiveness and recovery of the European markets. Cross-border partnership with EU neighbours and related instruments, cohesion among the EU member states, experience with the European funds and corresponding public procurement process are another thematic cluster discussed in the book. The researchers increasingly examine subjects related to the energy policy and security, the EU energy policy development and actions in particular. The contributors review matters related to the renewable energy sources, the establishment of the European Energy Union and other institutional and policy developments on supranational level. Another thematic cycle in the book is related to matters concerning the corporate management, business strategy and marketing, new markets expansion and interculturalism. This is intertwined with papers dedicated to the education, human resource involvement and adaptation to the working environment, research and innovation. ‘The Membership of Bulgaria in the EU: Seven Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.

Членството на България в Европейския съюз: тринадесет години по-късно

Деветнадесета международна научна конференция, 16 Октомври 2020 г., УНСС, Голяма конферентна зала

Author(s): / Language(s): Bulgarian

The international scientific conference organized by International Economic Relations and Business Department at the University of National and World Economy was held for 19th time (13th since Bulgaria's accession to the European Union). Traditionally, it is dedicated to the Bulgarian membership in the European Union as well as the development of various aspects of the EU – policies, economy, internal market, trade, innovations, etc. Official welcome address to the participants was given by Prof. Dr. Dimitar Dimitrov, UNWE Rector, Assoc. Prof. Dr. Maria Bakalova, International Economics and Politics Faculty Dean, Prof. Dr. Milanka Slavova, International Economic Relations and Business Department Head, Assoc. Prof. Dr. Svetla Boneva, Secretary General for Scientific Research Projects, and Mr. Dragomir Stoynev, Chairperson of the Committee on European Affairs and Oversight of the European Funds.

Членството на България в Европейския съюз: четири години по-късно

Author(s): / Language(s): English,Bulgarian

This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Four Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 3 October 2010, traditionally provided a stage for prominent academics, dedicated PhD students and professionals to discuss contemporary topics related to multiple aspects of the European integration, its effects on the Bulgarian economy, socio-economic environment, international business and relations, finance and politics.The conference was opened with a keynote speech by Meglena Kuneva who used to serve in the European Commission and is a prominent figure in the Bulgarian political life associated with the European integration process and accession to the European Union. She highlighted that the Bulgarian membership in the European Union is a rare example of widely shared national consensus in the past 22 years. Meglena Kuneva presented arguments in favour of this membership while noting challenges that remain unsolved years after our accession – we shall understand better the signs given by Brussels as well as put an emphasis on the human factors. Kuneva shared the view that commitment and high ethical and professional standards are required when appointments are made for the EU funds governance on a national level. We shall be more active towards EU in our contribution, she concluded. The participants in the conference presented research about the multiple effects on the Bulgarian economy as a result of the EU membership and access to the Single market. Authors discussed the international competitiveness of the Bulgarian export industry, they dedicated analysis on the Bulgarian trade with the other EU member states as well as industrial concentrations among the countries sharing single market. The liberalization of the telecommunications market in Bulgaria, reforms in the regulations of the pension funds and public procurement is among the topics presented. Another group of academics discussed current trends in the global economy, regional and global challenges to the EU. Those processes would have implications on the entire EU bloc. This could be related to the role of the Euro as an international currency as well as the development of the economic and monetary union (EMU) within EU. Contributors review topics related to the real and nominal convergence of Bulgaria and other countries in the EMU and the Bulgarian contribution and participation in key EU policies. Some authors present research on the challenges and achievements regarding the absorption of the EU funds in Bulgaria and implementation of the operating programs. Group of papers is dedicated to the international business environment, transnational organizations, international standardization through ISO, quality assurance and management, employees’ performance, and organizational culture. ‘The Membership of Bulgaria in the EU: Four Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.

Членството на България в Европейския съюз: шест години по-късно

Author(s): / Language(s): English,Bulgarian

This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Six Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 11 October 2013, traditionally provided a stage for prominent academics, dedicated PhD students and professionals to discuss contemporary topics related to multiple aspects of the European integration, its effects on the Bulgarian economy, socio-economic environment, international business and relations, finance and politics. The contributors to this edition discuss the economic and monetary union (EMU) development, the effects on it as a result of the crisis in Cyprus and the progress of the economy in the Southern Europe, the multiannual financial framework of the EU for 2014-2020, Cohesion and industrial policy. Another group of articles are dedicated to the competitiveness of the national economy and companies, the regional economic development and measures to enhance it, an analysis on specific market segments is conducted by several authors – related to the aviation, tourism, food and beverage industry, agriculture as well as behavioural aspects of the households’ purchasing decisions.Among the research topics are analysis on the banking union of the EU, emerging matters such as green economy and the EU emission trading system, ongoing trends in the global trade and international relations. ‘The Membership of Bulgaria in the EU: Six Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.

Членството на Република България в ЕС и предизвикателствата пред международното частно право

Author(s): Diana Marinova / Language(s): Bulgarian / Issue: XVI/2017

One of biggest challenges of Private international law in the contemporary world is its “europeization” witch is dealing with the adoption of a number of mandatory for member states European law acts in this field. In principle the Private international law is characteristic with the complexity of legal regulation, theory and law implementation. However, after the admission of Republic of Bulgaria as a full EU member, the situation became more complicated. The supranational EU law only at first sight seems different, separate and independent of Private international law. Gradually the legal regulation of private relationships with international element moves from the primary EU legislation (contracts of EU creation and contracts of their amendment and supplement) to the secondary EU legislation (regulations, directives, decisions).These acts content norms of new generation. The aim of this paper is to analyze the impact of EU acts on the legal regulation of private relationships with international element and to make some conclusions.

ЧТО МЕШАЕТ ПЕДАГОГАМ СПРАВЛЯТЬСЯ С ПОСТАВЛЕННЫМИ ЗАДАЧАМИ?

Author(s): Olga Berak / Language(s): Russian / Issue: 5/2016

Restructuring of many educational systems around the world has the character of “rolling reforms” that do not change an outdated learning goals. The actual task is to move the focus from preparation for the exam to the necessity to teach to solve problems that have no analogues at present. This requires educating teachers of a new format that can not only be equipped with knowledge, but also to develop students at all levels of education.The Bologna process which declares that the main aim of education of a person development actually promotes unification of education including the subjects of learning namely – teachers and students.

Шенгенска информационна система

Author(s): Vladimir Valev / Language(s): Bulgarian / Issue: 1/2017

The Schengen Information System (SIS) is a centralized, large-scale information system, supporting the checks of persons and objects at the external borders of Schengen and enhances judicial cooperation and judicial cooperation in 29 countries across Europe. The introduction of common standards, as well as the use of a common information system, gives priority to law enforcement agencies in all Schengen Member States in achieving security, freedom and order in the Community.

Штетно дејство арбитражног решавања спорова из интерних споразума Европске уније о заштити страних инвестиција на правни поредак Европске уније

Author(s): Radovan D. Vukadinović / Language(s): Serbian / Issue: 3/2017

The issue of interpreting and applying intra BITs, especially in cases where their solutions conflict with EU law or international law, are a reflection of the still unresolved relationship between EU law and international law. Despite the exceptional theoretical significance, the issue of hierarchy is, first and foremost, a political issue. The answer to it defines the legal nature of the EU and the direction of its further development: as a sui generis federal community or a regional community of a confederal type. In the legal theory, the opinion on sui generis and the autonomous legal order of the EU is prevalent. This was also confirmed by the Court of Justice in a series of cases. However, the analyzed decisions of investment arbitrations engaged on the basis of the ISDS mechanism call into question such a position. Arbiters believe that the rights and obligations of the BIT should be interpreted in accordance with the rules of international law and that, in the event of a conflict with EU law, priority should be given to the rules of international public law. For this reason, the European Commission and the Court of Justice only see the existence of ISDS clauses in the BITs as a threat to the preservation of the unity and autonomy of the EU legal order, because their activation is jeopardized by the „interpretative monopoly“ of the Court of Justice entrusted with the decision of previous issues to ensure unity of rights EU. The fact that the question of the effect of the ISDS mechanism is not only of theoretical importance is testified by the fact that the EU negotiations on a new generation of trade and investment agreements are examining proposals to establish a more democratic and transparent multilateral international judicial mechanism in place of the existing mechanism.