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Насърчаване на солидарност в многообразието (законодателна рамка в България и антидискриминационни механизми по отношение на имигрантите)

Author(s): Mariya Aleksandrova Ivanova / Language(s): Bulgarian Issue: 1/2016

This paper presents the experience of the author to analyze the readiness of the institutions in Bulgaria adequately allow problems linked to immigration and integration processes and the effectiveness of the mechanisms to promote solidarity and tolerance towards immigrants in Bulgaria. The idea was prompted by changes in the EU regulatory framework, to intensify research networks in Europe on new practices solidarity and citizenship and the trend in Bulgaria to increase the number of immigrants. This paper examines the impact of international initiatives and EU directives on legislation and practices in Bulgaria in integration of immigrants. The analyzes the impact of the legislative framework in Bulgaria on local policies to promote tolerance of diversity. It has done an empirical study by analyzing statistical data, questionnaires and in-depth interviews of key stakeholders - employers and immigrants on integration issues and causes. The results of the comprehensive study showed that the laws in Bulgaria are synchronized to EU requirements, but the local administration and employers are not ready to meet the needs of immigrants due to lack of practice, poor information and ineffective communication process. The results of the projects financed by the European Fund for the Integration of third-country nationals (part of the General Programme "Solidarity and Management of Migration Flows") for the period 2007-2013 show that made serious steps to address the problems identified. But they are only "white swallow," carrying hope, but not the sustainable development of integration processes. It is necessary actively functioning of the established centers, multiplying the effect of the achieved results and implementation of best practices across the country.

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Wpływ restrykcyjności regulacji nadzorczych na stabilność banków spółdzielczych w krajach Unii Europejskiej

Author(s): Krzysztof Kil / Language(s): Polish Issue: 2/2018

The aim of the study presented in this paper was to identify the determinants of the financial stability of cooperative banks in the European Union in the years 2008–2015. It emphasizes the impact of restrictive regulatory actions on the financial stability of cooperative banks in EU countries. The article reviews the determinants of cooperative bank stability and presents the results of in-depth interviews regarding factors influencing that stability, recognized by bank management or from a safety net point of view. A panel survey, which encompassed 1753 cooperative banks in the EU, has shown that higher capital adequacy ratios of co-operative banks are observed in countries with higher levels of regulatory rigor. On the other hand, the MLPS index confirmed that inflated regulation has a negative effect on the stability of cooperative banks. The use of a broader definition of financial stability suggests that increased restrictiveness of bank regulation implemented by the safety net worsens the multi-criteria financial stability assessment of cooperative banks, despite the increase in the banks’ capital base.

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ЕXERCITOR В РИМСКОТО ЧАСТНО ПРАВО

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2016

The article deals with some problems and fragments of the significant Roman law regulations on the responsibility of entrepreneurs and carriers in maritime transport in ancient Rome. Generally it is assumed that in maritime trade, legal relations, arising slaves and subservents, are a form of direct commercial representation, governed by the preator's law and they engage the responsibility of the pater familias, respectively dominus. With actio exercitoria the strict norm of civil law that subservents may not occur valid contractual relationship is overcame. There is still a discussion about the stages of creating this legislation, and the protectiont of the interests of third parties with her. The article makes adjustments in the terminology used in relation to the status of exercitor and others, involved in maritime trade, according to Roman law. In Romance studies ship entrepreneur is generally called "exercitor". He may be an owner or a charterer of a ship "ad tempus vel in perpetuum" (D.14. 1. De exercitoria actione, 1. 15), which is used for shipping at their own expense and risk. As an exercitor all can operate- not only free people, but woment, slaves and even minors (with auctoritas tutoris). Magister navis is the person appointed by exercitor as the captain of the ship (slave subservient or free), which is rather manager and deals with everything, related to the maritime transport as a commercial activity: "Magistrum navis accipere debemus, cui totius navis cura mandata est ". The article presents the complex relationship between exercitor, gubernator navis and magister navis and the separation of the functions when it comes to trade and navigation activities.

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РАЗЛИКАТА МЕЖДУ АЛЕАТОРНОСТ И РИСК В РИМСКОПРАВНАТА УРЕДБА НА ОБЛИГАЦИИТЕ, ПОДКРЕПЯЩИ ОСЪЩЕСТВЯВАНЕТО НА ТЪРГОВСКИЯ ОБОРОТ

Author(s): Konstantin Tanev / Language(s): Bulgarian Issue: 1/2016

The correlation between commercial risk and the risk of perishing of the transaction object is among the main issues, discussed among merchants, economists and jurists in the Antiquity and in our days, as well. It directly depends on the structure of the so called bilateral contracts like empting and vending, lease etc., where one can find the scientific interests of our professor Rumen Cholov. One of the curious texts in the Digests, D.22.2.5, represents the risk, periculum, as a subject matter of a transaction, where one of the parties bears it, while the other will pay its price. It is to see in it a sum of money, due as an additional payment above the initial capital. Thus, the whole is due up on the successful achievement of the goal, which is mentioned in the contract, as its suspensive condition. It means that the creditor could not claim anything if this condition is not fulfilled. The other requirement for execution of the agreement refers its separation from alea, i.e. the gamble (the pure hazard as a condition for transaction fulfilment). The distribution of the risk is typical issue for development of contractual relations and especially for the bilateral one. However, it does not follow necessarily the synallagmatic principle. Likely, in the contract of empting and vending, the vendor is liable for custody of thing, which transfers the risk of its perishing to the emptor only for the instances of acts of God. Similarly, the empting and vending contracts leads us towards the limits among the risk and the acceptable under the Civil law alea. We mean the empting of chance, emptio spei (alea), Cels. D.19.1.12, where the contract is deemed perfect up on the moment of consensus, notwithstanding the uncertainty about the contra-prestation of price, which is already paid. These instances, according to the Roman jurists of the early Classics, are embraced by the model, allowing Civil regulation of purely speculative vending, "quasi alea emitur" (Cels.D.19.1.12).The aleatorial principle, which is limited in Roman law and classic Civil law theory only to a narrow case, regulating only one of the specific objects of sale, finds in the actual Bulgarian theory a striking generalised implementation. Here I mean the study of Stavru, Nedev and Dimitrov on the aleatorial principle. There one can find three theories for its implementation: in the contract of donation (because of maintenance, which the beneficiary has to provide for the benefactor), in the construction contract (with respect to the possible additional payments, notwithstanding that a fixed price is agreed), in the contract of support and maintenance (referring the uncertainty about the period for providing the service). We could bring some objections for all the three of the examples, which is summarised for brevity in misunderstanding of the concept of alea as a synonym of pure speculation, which is still acceptable for the Civil law, on the one hand and as a function of reciprocity, on the other. In this context we must recall its genetic dependence on the gamble, bearing on mind that even there the obligation's structure follows the understanding, elegantly expressed by Zimmermann, that one can buy alea, but cannot pay with alea. Thus, the actual Bulgarian generalised understanding of alea, in fact, contravenes to the legal requirement for the certainty of the price.

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ДОГОВОРЪТ ЗА ФРАНЧАЙЗИНГ И НЕГОВОТО РАЗВИТИЕ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2016

The franchise contract is traditionally considered a mixed or sui generis innominate contract. It may therefore seem odd to speak of the evolution of a contract which does not correspond to a predefined legal type, but which is the result of the grouping of main obligations coming from very different contracts.

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Компаративна анализа регионалне политике Европске Уније и Србије

Author(s): Zora Živanović / Language(s): Serbian Issue: 1/2007

The aim of this article is to show through the comparative analysis, the basic characteristics of regional policy, or the policy of support to the development of less developed areas in our country compared to the regional policy of European Union, with an accent on the instruments for implementation of that policy. Without putting accent on different starting positions for those two development policies, what is for sure the main reason of differences in realised results, the experiences of European Union can be in any case useful and instructive for Serbia as a country with a task of regionalisation and establishment of an effective regional policy being a necessity in the forthcoming period.

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Da li je ovo put? Bavljenje imigracijom u globalnom dobu

Author(s): Saskia Sassen / Language(s): Serbian Issue: 68.14/2002

As Europe’s borders become more and more fortified against immigrants, illegal human trafficking becomes ever more common. By criminalizing immigration, Europe does not only ignore a moral problem: It hits hardest on those desperate enough to escape their homecountries and contributes to the enormous profits that smugglers make in the process. Saskia Sassen asks what price Europe is paying for these shortsighted and unsustainable policies.

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Is this Way to Go? Handling Immigration in a Global Era

Author(s): Saskia Sassen / Language(s): English Issue: 68.14/2002

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Politikat e Bashkimit Evropian Ndaj Kërcënimit të Krimit të Organizuar Shqiptar: Një Shqetësim Real Apo i Hiperbolizuar?

Author(s): Ilir Kalemaj / Language(s): Albanian Issue: 4/2007

Krimi i organizuar dhe “kapja e shtetit” nga organizata mafioze prej kohësh është kthyer në shqetësimin kryesor të ndërkombëtarëve, kryesisht Bashkimit Evropian, pë rsa i përket rajonit që njihet si “dera e pasme” e tij, Ballkani Perëndimor. Shqipëria spikat për “rrezikshmërinë” që paraqet edhe ndërmjet këtyre vendeve dhe shpesh i është dashur të përballojë një retorikë të fortë kritikuese nga ana e ndërkombëtarëve, megjithëse provat empirike dëshmojnë se nuk ka rast të besohet se ky vend është sui generis dhe meriton këtë “trajtim” të veçantë. Ky punim synon të trajtojë si metamorfozën e retorikës së ndërkombëtarëve në lidhje me kërcënimin e krimit të organizuar shqiptar dhe perceptimet e institucioneve dhe aktorëve kryesorë politikë dhe shtresave shoqërore evropiane, ashtu edhe të anasjelltën: perceptimet publike të elitave shoqërore dhe politike shqiptare në lidhje me këtë retorikë evropiane. Teza kryesore që kjo ese artikulon është se ligjërimi mbi kërcënimin e krimit të organizuar shqiptar është sendërtuar mbi një stereotipizim të qëllimshëm të shqiptarëve, duke i dhënë krimit një veshje etnike, në mënyrë që të ruhet kohezioni i brendshëm i ndërkombëtarëve, pavarësisht largimit nga realiteti objektiv që ky ligjërim dominant ka prodhuar.

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IL MARE BENE DI TUTTI: UNIVERSALITÀ DEL SUO USO

Author(s): Maria Casola / Language(s): Italian Issue: 2/2017

The Romans were convinced that the sea, just like the water they drank and the air they inhaled, belonged to the category of "res communes omnium", common property of the whole mankind. Thus, there was no order and no norm that could deny these common goods because they are based on ius naturale (intrinsic to the entire cosmos) and have autonomous legal significance (because they pertain to all human beings and their organizations); by their very nature, they are intended for everyone (citizens or non-citizens alike) and they do not exlusively belong to any single individual. On these grounds, principles and rules were developed to ensure the common access and use of the sea and coastline. Starting from these principles and rules, the paper aims to outline some issues pertaining to this problem, which further points to the need to ensure the protection of the Mediterranean Sea through institutions ensuring an easy and fast access of every person to this common natural asset, even beyond the framework of the national or European law.

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SYSTEM OF PENALTIES IN ROMAN LAW

Author(s): Filip Mirić / Language(s): English Issue: 2/2017

The heritage of Roman law is most evident in the field of civil law. However, the legacy of Roman law also constitutes Roman criminal substantive and criminal procedural law. It seems that this segment of Roman law is unjustly ignored in scientific research. The subject of this paper is a system of penalties in Roman law, as part of Roman criminal law. Author emphasized that the system of penalties was changed in different epochs of the Roman state. Also, there is a noticeable slightly presence of corporal punishment, which corresponded perfectly to the pragmatic spirit of the Romans. The paper aims to point out the significance of the penalty system in Roman law for the functioning of the Roman state, as well as the necessity of its further study.

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DIRECT RECEPTION OF ROMAN LAW IN SERBIAN CIVIL CODE – CONSORTIUM ERCTO NON CITO AND ZADRUGA

Author(s): Maša Kulauzov / Language(s): English Issue: 2/2017

Although it is indisputable that Austrian Civil Code served to a great extent as a model for Serbian Civil Code (SCC), a deeper analysis of SCC shows, however, that Hadžić directly applied certain Roman legal concepts. Therefore, modern Roman jurists emphasize direct reception of Roman law. The author discusses similarities between consortium ercto non cito and zadruga, and possible influences of Roman legal tradition regarding consortium on formulating provisions on zadruga, as both were types of patriarchal joint families which can be found in many other societies on the certain level of development. Namely, consortium ercto non cito as well as zadruga was large community of property, work and living where family members lived and worked together in joint family household and held property in common. As in paragraphs 508 and 510 of SCC collective character of zadruga′s property is accentuated, the analogy between two archaic institutes is very suitable. Both members of consortium and zadruga, according to aforementioned provisions, were entitled to shares of undivided property, whereby their shares were not determined, but were determinable. Beside resemblant legal nature, the author also asserts likeness of social and economic circumstances under which consortium and zadruga prevailed. They existed in times of poor economic production, house economy, weak communications, lack of state′s authority. With development of private property, individual freedom and money-and-goods based economy these types of families started to disintegrate, in Rome as well as in 19th century Serbia.

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ROMAN DIVORTIUM AND ITS INFLUENCE ON THE DIVORCE IN MACEDONIA

Author(s): Goce Naumovski,Vlado Buckovski,Mirjana Polenak-Akimovska / Language(s): English Issue: 2/2017

The Roman divortium is just one of the legal concepts that exhibited strong influence upon the divorce of marriage in historical context to this day (an exception being the Catholic Church's view at the Council of Trent that advocates the unresolvedness of marriage as a "sacred secret"). The monogamous marriage and the divorce of marriage that were standardized in Roman law are a legal inheritance that is also implemented in the Family Law of Macedonia. The sources of the law in the Roman law and in the contemporary Macedonian law will be compared to establish similarities and differences.

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ARBITRATION AND FORMULARY PROCEDURE: THE ORIGINS OF ROMAN CIVIL PROCEDURE

Author(s): Tihomir Rachev / Language(s): English Issue: 2/2017

Understanding Roman law is of great importance for every contemporary lawyer dealing with private law. Many of the modern private law institutes have their roots in Roman law. This is the reason why learning Roman law and Roman legal tradition is necessary. The substance and the true meaning of Roman law institutes could be understood only through examination of the different Roman civil procedures. This article focuses on the origins of Roman civil procedure and especially the relation of ancient arbitration and formulary procedure. The article also aims to present the Roman concept of legal protection and the Roman law tradition in the field of arbitration.

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From Irregular Stay to Removal through Detention: The Case of Spain as a Member State of the European Union

Author(s): Rut Bermejo / Language(s): English Issue: 3/2018

The fight against human smuggling and irregular migration is a worldwide priority. Removal of persons irregularly living in a European country is said to be a means of deterring irregular migration. In this context, detention to secure removal of those who enter or stay irregularly is proclaimed to be an effective instrument in European policies. However, in the case of Spain, data collected and in-depth interviews show that detention of irregular/smuggled immigrants has a minor effect on the number of removals fulfilled. Thus, the idea that detention can work not only to increase return effectiveness but also as a deterrence measures seems to be unreal.

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Narodowe upokorzenie

Author(s): Aleksander Hall / Language(s): Polish Issue: 672/2018

Obóz polityczny rządzący aktualnie w naszym kraju często odwołuje się do narodowej dumy Polaków. Lubi przedstawiać się jako siła, która twardo gra na arenie międzynarodowej o zagwarantowanie polskich interesów i poszanowanie naszego dobrego imienia. W kampanii wyborczej, która w 2015 roku przyniosła Prawu i Sprawiedliwości zwycięstwo, słyszeliśmy, że nadszedł czas, aby Polska „wstała z kolan”. Bez wątpienia ta retoryka podobała się i w dalszym ciągu podoba się znacznej części wyborców. Obok socjalnych obietnic i transferów finansowych oraz umiejętnego wzbudzania niechęci wobec „elit”, „kast” i „Polaków gorszego sortu”, była ona jednym z kluczowych instrumentów służących budowaniu społecznego po-parcia dla PiS.

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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.

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ГРАДОВЕТЕ НА ВЛАСТТА В РИМСКАТА ИМПЕРИЯ

Author(s): Rudolf Haensch / Language(s): Bulgarian Issue: 1/2018

Until the last great era of the Roman Empire, there was a less clear and precise definition of which were the administrative centres of the provinces than is often assumed. Such a situation was usually the result of a longer indirect process and not of a single official act. It was a factual position, and barely, if at all, a titular one. But the concept of “cities of power” is flexible enough not only to sustain discussions on whether there were provincial capitals, but also to include in such discussions the centres of the conventus iuridici and the meeting places of the concilia. On the basis of the Capita Provinciarum and the most important recent literature, two questions are discussed here: first, to what degree were the phenomena observable in the case of the Spanish provinces also typical of other provinces, and second, how have the new discoveries of the last two decades changed our image of the “cities of power” in the Spanish provinces.

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РАЗПОРЕДБИ ИЛИ ПРАВИЛА НА РИМСКАТА АДМИНИСТРАЦИЯ ЗА ЗАЩИТА НА ПРИРОДНИТЕ РЕСУРСИ, ПУБЛИЧНОТО ИМУЩЕСТВО И ОКОЛНАТА СРЕДА

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2018

This contribution will focus, in summary form, on a short list of administrative provisions that, as a direct or indirect reflection effect, could have some convergence with what is now called the Environment and the protection of natural resources. We will talk, among other aspects, of the pollution in its different aspects, of the city in general, acoustic and saturnine. In relation to the field, the problems of the deforestation, the clearing of the forests and the mining. Water pollution, springs of running water, public springs in the city of Rome, etc.Also, in a somewhat more particularized way, but in a summarized way, we will analyze a set of legal reflections typical of Roman administrative experience, and the fundamental criteria in relation to the recognition of the social function of the res publicae and the corresponding interdictal tutelage And jurisprudence on public places, especially if we think about the relation, convergencies, coexistence or coherence, that they can assume with respect to the Environment.

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ОТГОВОРНОСТТА НА ДЕКУРИОНА СПОРЕД КОНСТИТУЦИЯТА, ИЗДАДЕНА ОТ ИМПЕРАТОР КОНСТАНТИН ПРЕЗ 329 ГОДИНА

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 1/2018

The subject of the study is the decurion’s administrative status during the Constantine’s governance. It points out the peculiarities of the Imperial Constitution, issued in Serdica in 329. It analyzes the reasons that led to the introduction of the administrative sanctions for the decurions. Determines the administrative characteristics of the Decurion’s responsibility. It had legal, individual, proprietary or non-material, compulsory, sanctioned and official nature. It was realized by appointing a deputy and affecting the professional and private sphere of the offending public servant (tax official).

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