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Правото да бъдеш забравен в решението на съда на ЕС по казуса Google Spain

Author(s): Denitza Toptchiyska / Language(s): Bulgarian Issue: 2/2014

In May 2014 the ECJ delivered a judgment on the Google Spain case (C-131-12), aimed to clarify the application of Directive 95/46/EC on data protection in the context of the activities of internet search engines. The ECJ judgment provoked a wide response and divergent reactions both in the EU and beyond, due to its importance for the regulation of Internet. The main question that arises is whether it is a prerequisite for finding a fair balance between the right to privacy of individuals, freedom of expression, access to information and other legitimate interests of the persons on the web. The article analyzes ECJ judgment on Google Spain case in the context of EU data protection policy, focusing on the challenges associated with its implementation.

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МЕЖДУНАРОДНОПРАВНА ЗАЩИТА НА СОЦИАЛНИТЕ ПРАВА

Author(s): Paunita Petrova / Language(s): Bulgarian Issue: 2/2015

International legal protection of social rights is not autonomous branch of international law. It develops in two other brunches - international legal protection of human rights and international labor law, which makes her theoretical research more difficult. The establishment of international legal protection of social rights as an autonomous subsystem within the overall system of public international law (even if only as a theoretical construction), including the part belonging to human rights and the part belonging to international labor law, would allow to study it as relatively independent phenomenon in international legal reality with its own specific features and characteristics. Social rights are so called second generation rights, which are recognized and protected later than civil and political rights. There could be distinguished two stages in the development of international legal protection of social rights, both within the international legal protection of human rights and in the framework of international labor law. The first stage is from the late 19th and early 20th century until World War II, and the second stage is after World War II until today. It can be argued quite reasonably that during the first stage the international legal defense is significantly in its infancy. It is narrow in scope and most developed mainly in the framework of international labor law. The second stage marks the revival of the international legal protection of social rights within both branches of international law. During that time the main sources of this legal protection were created. The regional European international legal protection of social rights gets also developed after World War II. At first - this protection is established by acts of the Council of Europe and subsequently the protection of social rights is established by the European Union in its primary and secondary legislation.

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СЪДЕБНАТА ВЛАСТ В ПРАВОВАТА И ДЕМОКРАТИЧНА ДЪРЖАВА

Author(s): Ivan Kyosev / Language(s): Bulgarian Issue: 2/2015

The article is devoted to presentation and analysis of the judicial branch of the state governance under the contemporary rule of Law model. Special attention is given to the legal-historical heritage of Ancient Rome concerning fundamental principles, some basic legal notions, roman legal acts and techniques of jurisprudence. Concerning the main issue of the paper, the leading legal-political paradigms of organization and functioning of this sector of the state governance are analytically presented with some crucial scientific conclusions. Also the main preconditions and factors for functioning of the judiciary are revealed with reference to the adequate response of the problems and challenges of the ХХІ century. The article presents some new suggestions concerning the necessary changes in judiciary at the post-communist states in transition period towards real functioning of État de droit.

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ОТНОСНО ПОНЯТИЕТО „ПРАВЕН ФОРМАЛИЗЪМ“

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Issue: 2/2015

Legal formalism is thought to be a negative characteristic of different juristic doctrines and especially of legal positivism. In the following article I try to define legal formalism outside any metaphysical position about the "substance" or the "spirit" of law. Instead I think, that this concept can be used to denote an iniquitous type of adjudication. If the dispute is resolved from a "formalistic" stance, this means that the decision taken by the court doesn`t comply with the principles valid in the given legal system. Such results must be avoided by proper use of judical discretion. The wide spread of discretion powers is in this way not only a tool against formalism, but a key feature in separation of powers model as well.

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ЗЛОУПОТРЕБА С ПРАВО В РАМКИТЕ НА ПРОЦЕСУАЛНОТО ПРАВО

Author(s): Dilyan Nachev / Language(s): Bulgarian Issue: 2/2015

The abuse of rights is a particular legal mechanism that applies both in the area of substantive law and procedural law. This article is about the last aspect. It mentions that abuse of procedural rights can take place at all procedural stages - both in civil and criminal proceedings. The article makes a distinction between the misuse of procedural rights and other similar situations.

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Prawne aspekty walki z terroryzmem

Author(s): Krystian Bartosz / Language(s): Polish Issue: XVIII/2018

In this article author discusses issues connected with legal aspects of fighting against international terrorism. First section includes the discussion concerning steps taken by the European Union that is treaty resolutions, institutions and strategies which are components of a general notion of anti-terrorist system. Author indicates the most significant treaty regulations and institutions, furthermore their development and influence on the EU system of fighting against terrorism. In the following section the author aims to present activities proposed by the United Nations. 19 of the most important conventions and protocols accepted by the United Nations in order to eliminate terrorism threat are discussed. Author also describes the most important units created in terms of resolution, functioning for the purpose of fighting and preventing terroristic attacks. The very last section aims to illustrate Polish penal legal system in confrontation with terrorism. Author marks and specifies the most crucial aspects of Polish penal legal system which is one of the components of national anti-terrorist system.

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Postavenie Slovenskej republiky v medzinárodnom krízovom manažmente

Author(s): Boris Ďurkech,Jozef Švarný / Language(s): Slovak Issue: 27/2017

Global security is directly depended on ability of main relevant security actors to avoid regional or local crisis which might have high potential to escalate up to global level. While no single relevant security actor is able to achieve this aim unilaterally without potentially negatively impacting security of other actors, international and/or regional organizations do try to fulfill this role of suppressing potential for increased security dilemmas in geopolitical hotspots with consequent crisis development within more collaborative framework. Those organisations do develop appropriate mechanisms to deal with crisis, while also build capabilities in solving potential crisis within its agreed mandates before they fully develop. In this paper we will focus on four relevant organizations UN, NATO, OSCE and EU which play important crisis management role within broader Euroasia. After initial introduction to theoretical background on crisis development we will focus on each above mentioned organizations and describe its role in international crisis management. Afterwards we will continue with framing role which Slovak republic plays within those institutions with concluding remarks about its overall contribution to international crisis management within above selected organizations.

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Nárůst Muslimské migrace a dopady na Německo s důrazem na zaměstnanost

Author(s): Tereza Mihulková,Ondřej Mocek / Language(s): Czech Issue: 28/2017

The subject of the article is to discuss issues about migration in the Federal Republic of Germany. I focus on migration flows, impacts of the European union policy, and consequent impacts on the German economy. The last part of thesis includes my own calculation of the expected future development of migration flows until the year 2020. Analysis of migration flows is based on data about immigration, emigration, and forecast future development which is calculated by trendy function.

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Instytucje zwalczające zorganizowaną przestępczość ekonomiczną w Polsce

Author(s): Wiesław Mądrzejowski / Language(s): Polish Issue: 29/2018

Economic crime is currently the most rapidly developing form of organised crime in Poland. Numerous institutions, law enforcement and intelligence agencies are involved in combating this kind of crime. They are supervised by Ministry of Internal Affairs and Administration, Ministry of Finance, Ministry of National Defense or, like Internal Security Agency and Central Anti-Corruption Bureau, directly to prime minister. Most of them have full operational, investigative and analytical powers. Conflicting areas of responsibility may cause taking actions by various agencies and institutions against the same perpetrators in the same time. Formally the institution responsible for fighting organised crime is Police. Within Police there is specialized unit – Central Bureau of Investigation of Police which sole responsibility is combating organised economic crime. Nevertheless it cannot coordinate other institutions’ activities aimed at fighting organised crime. National Criminal Information Center, also placed within the Police structure, should gather all information on every criminal offence recorded by any institution involved in fighting crime. In reality it collect mainly information on Police work effects. NCIC has no powers concerning coordination of crime-related information gathering. It also conduct no relevant analysis of gathered criminal information. On the basis of EU regulation Polish Asset Recovery Office was created within the Police structure. Polish ARO acts as national contact point for international exchange of information on crime-related assets. Within this scope, ARO possess some powers to coordinate activities of other agencies. A need exists to consider carefully the possibilities for changes in the system of institutions combating organised economic crime in Poland. First of all there is a necessity to develop ability to coordinate activities of all relevant institutions, based on integrated data gathering and analytical systems.

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THE INFLUENCE OF THE ENERGY CHARTER TREATY ON THE EUROPEAN ENERGY MARKET

Author(s): Magdalena Jaś-Nowopolska / Language(s): English Issue: 2/2018

This article provides an overview of the essential features of the Energy Charter Treaty (ECT). Keeping in mind that the European Union needs an efficient and integrated internal energy market, the paper analyses the ECT provisions related to both investment protection and problems of arbitration arising from these provisions. The objective of this article is also to present the most significant recent case law settled under the Energy Charter Treaty. The cases demonstrate the complexity of the problems related to ensuring ECT arbitration. Special attention is paid to the most recent CJEU case (Slovak Republic v. Achmea of 6 March 2018), analysing the investor state arbitration clauses in bilateral investment treaties (BITs) and the implications of this judgment on the energy sector. Although, according to the Vattenfall case, the Achmea case did not affect the jurisdiction of tribunal under the Energy Charter Treaty, this article reflects the challenges that might be expected in the future.

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Wyjście Wielkiej Brytanii z Unii Europejskiej a zróżnicowanie integracji w UE

Author(s): Tomasz Kubin / Language(s): Polish Issue: 1 (85)/2018

On March 29, 2017, as a consequence of the referendum of June 23, 2016, the British Prime Minister, Theresa May, notified the European Council the intention to leave the EU in accordance with art. 50 of the Treaty on European Union (TEU). This means that within two years the United Kingdom will probably leave the EU. The phenomenon that we have dealt with since the beginning of the integration process within the European Communities (and later the EU) but which has more and more influence on the shape and functioning of the European Union for more or less decades, is the differentiation of integration in the EU between its member states. The UK’s exit from the EU and the progressive differentiation of integration within this organization are two extremely important processes that will strongly affect the shape and functioning of the EU. The main objective of this study is to try to answer the question of how UK’s exit from the EU will affect the process of differentiation integration in the EU. The starting point is an outline of the position of the United Kingdom in the EU in the context of differentiation of integration in the Union, i.e. identification of the most important exclusions of this state from the EU acquis communautaire (mainly the EU primary law). In the third part of the article, an attempt will be made to indicate the consequences of the exit of United Kingdom from the EU for deepening differences in the integration of the EU member states. The summary contains the main conclusions.

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The Paris Agreement and electricity markets outside the EU

Author(s): João Estevão,Clara Raposo,José Dias Lopes / Language(s): English Issue: 4/2018

Climate change has been at the center of economic and social discussion for some years. The passage of time has intensified this debate and reflection. A well-known relevant event in this domain was the signature of the Paris Agreement in 2014, and its subsequent enforcement by European Union (EU) member countries. This study examines if the climate change measures adopted by the Agreement had an impact on the electricity sector outside the EU28, seeking to assess whether there is international diversity in these markets or if they work uniformly at global level. The goal of this work is to study the behavior of spot electricity prices before and after the Agreement was signed by EU members, analyze its effect in terms of spot prices, and determine the conditions that lead to stability and non-stability. We examine the behavior of spot electricity prices in two different electricity markets: the US and Brazil. The study applies both qualitative methodologies, namely fsQCA, and quantitative methodology, in order to identify changes in the pattern of electricity price behavior with the advent of the Agreement. Arguably, regulatory theory still incorporates the effects of the emergence of global dynamics in the regulation process. However, what this article suggests is that changes in regulatory frameworks with global impact, even if exogenous to a specific market, can profoundly alter the dynamics of that market.

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Digital Currencies Trading under Polish and EU Public Law

Author(s): Michał Bałdowski / Language(s): English Issue: 8/2018

Digital currencies are a worldwide phenomenon gaining an increasing interest among investors, economists and legal scholars. They are used mainly as a new mean of exchange and as a new way of investing funds, since the rapid changes in their value allow to gain extraordinary profits. Up to this point the legal status of digital currencies has not been clearly established under neither Polish nor EU public law, although some of the existing regulations may be indirectly applied to them. Under current regulations digital currencies cannot be treated as a legal mean of payment, as an electronic money nor a financial instrument. Creation of a complex regulation regarding digital currencies and granting administrative authorities supervisory powers over their trade seems to be necessary. Because of the evolution of financial markets, classifying digital currencies as financial instruments is a possible way of regulating their trade.

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APPUNTI PER LA LETTURA DELLE FONTI. L’ESEMPIO – DA NON SEGUIRE – DELLA ATTRIBUZIONE DELLA “RAPPRESENTANZA” AL DIRITTO ROMANO

Author(s): Giovanni Lobrano / Language(s): Italian Issue: 2/2018

The article is a result of my scientific research and convictions in the frames of one Romanist project in Sassari in connection with the study of repsentation. At the conclusion of the first phase of the study a few years ago on the existence of the representation and its alternatives, and in view of its second, final phase, I would like to examine the hypothesis (or hypotheses) that there are alternatives to representation and they are found in Roman law.

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Poziom e-fakturowania w instytucjach publicznych w Polsce

Author(s): Ewa Dobrzeniecka / Language(s): Polish Issue: 3/2018

The provisions of Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement introduce the obligation of receipt of electronic invoices in public procurement. In Poland, this obligation will come into force on April 18, 2019, which means that every ordering party in public procurement will have to receive an electronic invoice if the contractor issues and sends such a document. It, therefore, became necessary to examine the emerging research gap and obtain the answers to the following questions: 1. What is the level of awareness in public administration about the imminent obligation to receive electronic invoices? 2. What is the organizational and technical level of preparation enabling the implementation of the receipt and processing of e-invoices in public administration? To obtain answers to the research questions posed, a questionnaire survey titled “The state of e-invoicing in public administration. 1st Edition” was conducted on a representative sample of 2028 units of the public procurement sector from February 14 to March 18, 2018. This research was carried out as part of the national project “An intermediary platform for electronic invoicing for the public finance sphere.” The results obtained in the study show that the level of awareness and readiness to implement electronic invoicing among entities of the public procurement sector are still at a shallow level and require radical improvement. The level of use of information systems by contracting authorities in public supply is relatively low (26%), integration between internal IT systems occurs only in 13% of surveyed units, and only 2% of respondents currently receive electronic structured invoices. It means that public entities have very little time to reliably and effectively prepare themselves to receive electronic invoices, for example through the implementation of appropriate IT systems and software, changes in the technical and organizational aspects or proper training of employees.

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DEPENDENT PEASANTS IN THE DISTRICT OF KOTOR IN THE 14TH CENTURY

Author(s): Nevenka Bogojević-Gluščević / Language(s): Bulgarian Issue: 2/2018

In this paper, the author performs a normative analysis of the provisions of the Mediaeval Kotor statute from the 14th century relating to the position of the dependent population (called posadnicus) in Kotor District. To this end, it also explains the social miles in which these provisions were adopted taking into account the opportunities and life in Kotor, which was within the time of the statute of the Serbian mediaeval state as an autonomous city at the peak of its development. The rules of Statute in practice have been processed by analyzing the archive material from that period. In order to explain the priority legal influences on the position of the dependent peasants in the Kotor District, the comparison of this regulation with the rules of the Roman Law on the position of the dependent people (colonus) in the period of the Late Roman Empire is done.

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PROPRIETAS ET HUMANITAS

Author(s): Milica Vučković / Language(s): English Issue: 2/2018

Roman lawyers knew about various forms of ownership. That is, probably, one of the reasons for the fact that we didn't have a unique definition of the notion of ownership until Middle Ages and Modern Age, on the basis of works of eminent Roman lawyers. Besides various forms of ownership, there was a variety of possible objects of it. Among them, were humans and animals. In modern law, a human can not be an object of the ownership. As for animals, there are, nowdays, significant debates of whether they are legal objects or legal subjects. In international law, slavery and forced labour are forbidden. However, different forms of it still exist. For these reasons, a question of "humanity" of the right of ownership is open, specially now, when it seems that the Roman Civilization had been superseded in those segments which are nowdays considered as dark, backward and inhuman.

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THE RISE AND FALL OF THE “ROMAN CORPORATION”. SOCIETAS PUBLICANORUM IN THE CONTEXT OF CONTEMPORARY CORPORATE LAW

Author(s): Timčo Mucunski,Aleksandar Klimovski / Language(s): English Issue: 2/2018

Historical evidence from Roman-legal sources on the existence of the publicans and their capital structures finds basis in the Republic, where their existence reached the highest level of development, and continues all the way throughout the historical development of the Empire. The height of the development of societas publicanorum is that last two centuries B.C., where it can be noted that through this institute the Roman legal system managed to develop a, considering modern standards, sophisticated capital structure with characteristics typical for a contemporary legal corporation. This paper will analyze the legal, political, social and economic conditions that lead to the rise and fall of societas publicanorum as an institute within the Roman legal system, and will put these developmental processes within the context of contemporary corporate law, where in a post-financial crisis world there are often calls for the re-structuring of how corporate law is structuralized.

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HUMANITAS E CURA DELLE ESIGENZE UMANE NEL CODICE TEODOSIANO

Author(s): Andrea Trisciuoglio / Language(s): Italian Issue: 2/2018

In 1960, Richard M. Honig, professor at the University of Göttingen, wrote an interesting book (Humanitas und Rhetorik in Spätrömischen Kaisergesetzen) where he illustrated the different contents of the concept of humanitas in late Roman imperial legislation. Among these contents, the author identified – in some leges between 340 and 409 AD, included in the Theodosian Code, and in some novellae following this code – assistance, help for people for some reason in a situation of difficulty (Humanitas als Fürsorge). This paper retreads on the path walked by Honig, a path that was already followed by the commentary of Gothofredus, to highlight that a moral-psychological value of the term, which is perhaps more familiar to the modern interpreter, cannot always be found in this field. Humanitas sometimes seems to recall satisfaction of the vital needs of man, especially food, as it can be seen in CTh. 9.3.7 in relation to the prisoner. Therefore, it is possible to see other meanings that approach humanitas to aequitas, pietas, and iustitia.

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THE ROMAN EXPERIENCE IN THE CONCILIATION BETWEEN IUS AND HUMANITAS

Author(s): Vanessa Ponte Arrebola / Language(s): English Issue: 2/2018

The present work covers a study about the terms ius and humanitas, going through the idea and concept that both terms had in Greece and, fundamentally, in Rome. The ius or right, appealing to a classic definition of the jurist (ius est ars boni et aequi), is the art or skill of the good and the fair. Directum (law) assumes a moral and religious content with the Stoic philosophy and with the Christianity. Humanitas, on the other hand, is the conduct according to human nature, which manifests itself in benevolent or considerate treatment towards the others. The expression (humanitas) appears in the jurists and in the constituta. The use of the term was generalized by the Christian emperors, who used the expression “humanitas nostra” to speak of themselves. After terminological clarifications, the question is whether the idea of humanitas was present in the Roman law, whose notion in Rome contains many realities that do not fit in all cases with their current meaning. If the ius romanum was really influenced by humanitas, in which institutions it would be more present or evident?

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