Објављивање одлука Европске комисије у поступцима контроле концентрација

Author(s): Ivana Ž. Rakić / Language(s): Serbian Issue: 1/2016

This paper provides a short review of the provisions of the EU Guidance on the preparation of public versions of Commission Decisions adopted under the Merger Regulation. The author points out that these rules adopted in 2015 should increase legal certainty and predictability of the merger control, which means that such improvements would be also in the interest of data protection stemming from the undertaking. This Guidance outlines what can and cannot be claimed for redaction, how to claim confidentiality, what the commission redacts in the public version of a decision, and procedural aspects.

Обща характеристика на функциите на системата на Европейския съюз за фармакологичната бдителност

Author(s): Ivelina Aleksandrova / Language(s): Bulgarian Issue: 2/2018

This article provides an overview of the European Union pharmacovigilance system stemming from the rationalization and reinforcement provided through the application of the revised pharmacovigilance / drug vigilance legislation. It outlines the system goals, the basic principles and components for future changes.

Общата правна рамка на електронната търговия в Европейската Общност (Директива 2000/31/ЕО) и разрешенията в българския Закон за електронната търговия

Author(s): Tanya Yosifova / Language(s): Bulgarian Issue: 2/2007

Общата селскостопанска политика като единство от механизми и правила за регламентиране на производството и търговията със земеделски продукти на територията на Европейския съюз

Author(s): Aleksandra Valcheva / Language(s): Bulgarian Issue: 4/2019

The study offers a comprehensive overview of the Common Agricultural Policy of the European Union, examining its stages and historical development before and after signing the Treaty of Lisbon. Wherefor the analyses present the Policy as a unity of mechanisms and rules that govern the production and marketing of agricultural products and their processing on the territory of the European Union. It starts from the main goals of the Common Agricultural Policy and pays attention to its connection to the businesses to develop a strategy to support them in the rural areas. The survey presents some economic challenges for the Policy, related to the food supply, the reduce of productivity rate, the price volatility and the sector incomes, as well, and continuing negative impact of the economic crisis.

Обществената функция на обществените електронни медии според практиката на Европейската комисия и Съда на ЕС

Author(s): Nelly Ognyanova / Language(s): Bulgarian Issue: 4/2010

In the protocol to the Treaty of Amsterdam the remit of broadcasting in safeguarding democratic, social and cultural values and preserving pluralism was underscored. The remit is essentially important for public service media in the European Union. The article discusses different approaches to determine the remit of public service media and its relationship with the funding.

Общественият защитник - организация и начин на употреба

Author(s): Petya Nedeleva / Language(s): Bulgarian Issue: 1-3/2007

To make the most of all the opportunities it provides an institution needs detailed knowledge of its structure and nature. There is also a need for a high level of awareness of the legal basis on which it was created.

Общество и право

Frequency: 6 issues / Country: Bulgaria

<p><strong><em>Society and Law</em></strong> journal was first published on October 1, 1979 as a monthly of the Union of Bulgarian Jurists/UBJ and the Ministry of Justice and that collaboration continued till the end of 1992.</p> <p>At the end of 1994 after 15 years of publication the journal was suspended due to financial reasons.</p> <p>In 2000 the UBJ re-launched <em>Society and Law</em> &nbsp;with the task of continuing the long-year tradition of discussing and clarifying the correct application of laws and other legislation acts, improving the professional qualification of the legal practitioners, assisting the businessmen&nbsp; in conducting their businesses and settling the problems they encounter, increasing the legal &nbsp;knowledge of the citizens.</p> <p>The journal gives floor to prominent representatives of the legal thinking, who review the most topical issues of the judiciary, the case law and the legislative activity, as well as to the legal practitioners &ndash; judges, lawyers, public prosecutors, investigators, legal advisers and police investigators. We bring to the attention of the National Assembly/Parliament &ldquo;de lege ferenda&rdquo; and legislative solutions of pressing problems. Particular attention is devoted to the European legislation and practice.</p> <p>The journal is published in 10 issues per year.</p> <p>In 2018 <em>Society and Law</em> was included in the National reference list of contemporary Bulgarian peer-reviewed scientific reviews, maintained by the Ministry of Education and Science via the National Centre for Information and Documentation. The publications in the journal are included in the Minimum national requirements for acquiring scientific degrees and taking up academic positions in higher education institutions or research organizations in compliance with the Law for the Development of Academic Staff in the Republic of Bulgaria, subject to the relevant specificities.</p> <p>The editorial board of the journal includes notable jurists from academic community, university lecturers, constitutional and supreme court judges.</p>

ОБЩЕСТВО, ИЗКУСТВО И ПРАВО ПО ВРЕМЕТО НА ОКТАВИАН АВГУСТ: ЖЕНАТА ПРЕЗ ПРИЗМАТА НА РИМСКИЯ КОМИКС

Author(s): Rosalía Rodríguez López,Jaime Vizcaíno Sánchez / Language(s): Bulgarian Issue: 1/2015

The article presented uses a rather innovative and out-of-the-box analyzing method. It is aimed at providing insight into the idea behind an exhibition, called Personajes femenino en el comic de romanos (Female characters in Roman-themed comic books), which took place in December 2014 in Almeria, Spain. The purpose of the exhibition was to outline the typical characteristics of the Augustus-era Roman female by analyzing the female characters in modern-day Roman-themed comic books, which are, despite their entertaining purpose, based on actual historical data.

ОБЩИ БЕЛЕЖКИ ОТНОСНО LEX MUNICIPII TROESMENSIUM

Author(s): Romeo Cîrjan / Language(s): Bulgarian Issue: 2/2016

As reported by a Press Release issued by the Romanian Pros-ecutor‟s Office attached to the Court of Appeal in Alba Iulia,2 on May 29, 2015, two bronze tabulae were repatriated, comprising fragments of the municipal law governing the town of Troesmis in the province Lower Moesia dating back to the joint reign of the Emperors Marcus Aurelius and Commodus (177–180 p.Chr.). These items had been discovered following a series of illegal excavations in the archaeologi-cal site of Troesmis, and they were sent abroad for the purpose of being sold.

Общи положения при исковете за обезщетение за вреди, причинени от нарушение на правилата на конкуренцията

Author(s): Eleonora Mateina / Language(s): Bulgarian Issue: 2/2019

This article aims to provide a general overview of the regime of claims for private damages caused by breaches of competition law. The possibility for private damages claims existed even prior the adoption of the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. Nevertheless, these claims were not popular among the business, even when the Commission for Protection of competition established breaches and imposed sanctions for breach of competition. With the transposition of the directive in the Bulgarian Competition Protection Act, an increased interest towards private damages claims is expected.

Общи правила по възлагане на обществена поръчка. Оспорване. Контрол

Author(s): Teodora Popova / Language(s): Bulgarian Issue: 2/2005

The Public Procurement Law outlines the basic principles, rules and procedures for public procurement, as well as the control over the spending of public funds and the provision of up-to-date information on public procurement.

ОБЩИ ПРИНЦИПИ НА АДМИНИСТРАТИВНОТО ПРАВО В РИМСКОТО И В ИСПАНСКОТО ПРАВО – СРАВНИТЕЛЕН АНАЛИЗ

Author(s): Gabriel Gerez Kraemer / Language(s): Bulgarian Issue: 1/2018

With those lines, we want to show that the continuity between roman administrative law and Spanish law gets to the heart of administrative´s law science, as principles of law.

Общност и право на културно наследство в Конвенцията на Съвета на Европа за значението на културното наследство за обществото

Author(s): Plamena Zayachka / Language(s): Bulgarian Issue: 1/2019

This article analyses the Council of Europe Framework Convention on the value of Cultural Heritage for Society with a focus on the right of cultural heritage and exploring the innovative concept that it introduces – a heritage community. In particular, the scope of the community, the signs of community unification, the criteria for community formation and the differences from other communities are outlined. The article is presented in two parts. The first reviews the two basic documents of the Council of Europe Framework Convention on the value of Cultural Heritage for Society and the Explanatory Report that comes with it. The second part reviews the EU documents, which are related to the Faro Convention.

Общностна правна уредба за борба срещу насилието (Програма Дафне)

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 1-3/2007

Жените, младежите и децата често се озовават в опасно положение на мястото, където би трябвало да се чувстват най-защитени – в своите семейства. Често явление се оказва понятието “дом” да означава ужас и насилие от ръката на някой близък, някой на когото тези уязвими групи лица се доверяват.

Общностноправен контекст на производството по стабилизация на търговец според новата част пета на Търговския закон

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 6/2016

concerning the need of a wide range of harmonized measures for early intervention before a trader gets into serious economic difficulties. These instruments of EU law are designed to ensure that viable business parts are preserved, where companies cannot be otherwise saved. They are applicable to debtors in financial difficulty when there is a likelihood of insolvency.Special attention is paid to the Proposal for a Directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU.

ОБЪЕКТИВНАЯ АРБИТРАБИЛЬНОСТЬ АНТИМОНОПОЛЬНЫХ СПОРОВ В БЕЛАРУСИ И ЗА РУБЕЖОМ

Author(s): Natalia Gennadievna Maskayeva,Alexander Stanislavovich Danilevich / Language(s): Russian Issue: 17/2020

The article discusses approaches to objective arbitrability of antitrust disputes in the European Union, other foreign states and the Republic of Belarus. Particular attention is paid to the landmark cases Mitsubishi v. Soler Chrysler-Plymouth, Eco Swiss China Time Ltd v Benetton International NV, CDC v. Akzo Nobel. Based on the results of the analysis made, the authors conclude that, in the absence of a direct prohibition on the consideration of antitrust disputes in the Belarusian legislation by arbitration and lack of law enforcement practice in this area, arising of such disputes and inclusion of arbitration clauses on their settlement in contracts largely depend on the level of the development of the market as well as on the position of arbitration courts. They do not exclude the possibility of revising the national legislation on arbitration so that it included direct provisions on arbitrability of antitrust disputes as it is made in Lithuania and Sweden, at the same time admitting that for a positive attitude to arbitrability of antitrust disputes in the Republic of Belarus the appearance of relevant jurisprudence in this sphere will be enough.

ОГРАНИЧАВАНЕ НА ИНДИВИДУАЛНИ ПРАВА ЗА ЗАЩИТА НА ОБЩЕСТВЕНОТО ЗДРАВЕ – ГРАНИЦИ И ПЕРСПЕКТИВИ

Author(s): Mariela Deliverska / Language(s): Bulgarian Issue: 1/2020

The restriction of individual rights and freedoms is directly related to the principle of non-discrimination. The provision of art. 14 of the European Convention of Human Rights and Fundamental Freedoms and the relevant case law of the European court of Human Rights recognizes the prohibition of discrimination as an integral part of the norms defining fundamental rights and freedoms of citizens. The prevention of discrimination requires equality in general, including the adoption of temporary measures for overcoming not legal as well as social or economic obstacles to the exercise of rights and freedoms. In cases of increased public health threats, it is extremely difficult to keep a balance between the freedom of exercise of individual rights and the implementation of measures for protection of public health and life.

Ограничаване на правото на собственост в практиката на Европейския съд по правата на човека

Author(s): Boyka Cherneva / Language(s): Bulgarian Issue: 4/2021

The right to inviolable private property is a fundamental right of citizens and must be protected at national level in compliance with International Law and European Law. The implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms is crucial. The case law of the European Court of Human Rights in Strasbourg highlights the need for a ‘fair balance’ between individual rights and the public interest in imposing restrictions on rights at national level. Property rights are part of a comprehensive approach to the protection of human rights and are considered in relation to civil and political rights. There is a specific relation between the right to property and the right to a fair trial. The establishment of state fees and the determination of attorneys’ fees as court costs are considered by the European Court of Human Rights as a restriction on the right to property. In legal theory and practice, these problems are defined as the ‘price of justice’ - a fair balance between the impact of property and the functioning of the rule of law. Of great importance in this regard is the Case of the National Movement ‘Ecoglasnost’ against Bulgaria, subject to presentation and analysis in the exhibition. The issue is refracted through the prism of the need to deepen legal and economic research and the effectiveness of law.

Ограничења заједничке безбедносне и одбрамбене политике Европске уније

Author(s): Milenko U. Dželetović,Hatidža Beriša / Language(s): Serbian Issue: 66/2018

Today, the European Union is facing many responsible tasks related to solving problems in connection with the new security challenges, risks and threats, such as terrorism, human trafficking or hybrid threats by state and non-state actors. In the years ahead, Europe will probably change its role in the global security agenda. This will require a strong European Union, which can enhance the peace and security of the member states. Thanks to the Common Security and Defense Policy (CSDP), the European Union has become one of the largest security carriers through civilian and military missions. Through the analysis of the Common Security and Defense Policy, the authors want to point to the existing constraints facing the European Union and to determine the degree of harmonization of national defense policies when it comes to developing the operational capacities of the European Union's actors.

ОД BONA FIDES ДО НАЧЕЛА САВЕСНОСТИ И ПОШТЕЊА

Author(s): Vladimir Vuletić / Language(s): Serbian Issue: 1/2010

The concept of good faith (bona fides) was of Roman origin. Initially, it was associated with the general expectation that everyone behaves honestly and fairly in dealings with others. It also meant a personal belief that what one does is just and lawful. The author explores Roman beginnings of the bona fides principle and traces its influences on the contemporary Law of Contracts and, especially, on the modern contract of sale. Furthermore, the author probes the relevance bona fides in different European legal systems and the European Union, and within the European Private Law paradigm.