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Практика на съда на ЕС във връзка с марката на ЕС

Author(s): Gergana Liubenova / Language(s): Bulgarian Issue: 2/2020

This article discusses the framework of Regulation (EU) 2017/1001 in conjunction with the latest case law of the Court of Justice and the General Court of the European Union. The purpose is to examine the definition of the European Union Trademark, requirements for signs, capable to be registered as European Union Trademark as well as the absolute and relative grounds for refusal of registration by making an analysis of the case law during the recent years.

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Практика на Съда на ЕС относно нелоялните търговски практики и доставката на непоръчани стоки

Author(s): Goran Goranov / Language(s): Bulgarian Issue: 2/2019

In the European Union, member states should provide national legislation that prohibits a trader to act unfairly towards a consumer if he carries out commercial practices that are not in line with the required competence and care requirements. According to the law, each act, omission, behaviour, representation of facts or commercial communication by a trader that relates to the sales promotion of a product to consumers, falls under the term ‘Commercial practice’. Therefore, the doctrine should interpret this term thoroughly. If a commercial practice is misleading or aggressive, it is particularly deemed to be unfair. Unsolicited supply of goods is a practice in which products supplied by the trader, but not solicited by the consumer or services are sent to consumers in the expectation that many will prefer to purchase rather than to return them; the practice is considered undesirable and legislation protecting consumers has been enacted.

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Практика надання спрощень при здійсненні митного контролю до запровадження інституту уповноваженого економічного оператора в Україні

Author(s): Yuriy Medvid / Language(s): Ukrainian Issue: 29/2016

The article reveals peculiarities of legal regulation and practice in providing of simplifications during the customs control till the introduction of authorized economic operator in Ukraine.Simplifications that were granted to Ukrainian enterprises in order to facilitate foreign trade are analyzed. It was determined that providing of simplifications during customs control is carried out in circumstances when the companies meet the established criteria. Usually the main criteria are the duration and frequency of foreign economic activity, the number and volume of performed foreign trade operations, status of payments to the budget and with the foreign trade operations kind of economic activity, high level of legal compliance and so on.It is important to do the assessment of the number of companies that meet the criteria of customs simplifications. At the same time Ukrainian experience shows that about a third of the total number of enterprises that had the right for customs simplifications used their right.

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Практически важни особености на хоризонталната приложимост на регламента и директивата

Author(s): Atanas Semov / Language(s): Bulgarian Issue: 1/2021

The EU is "economy through law". The EU legal is immediately applicable with direct effect and primacy. It has also an indirect influence/ incidence - over many relations that it does not regulate directly but affects. The requirements of a uniform and correct application are existential. EU law imposes also consistent interpretation (interpretation conforme, fr.) of all internal legal norms in the field of its scope. The lawyer is supposed to be fully able to decide the "apparently internal situations". The problem is sensible in the "frontier" fields. So, the distinction between the regulation and the directive as to the applicability (invocabilité, fr) in horizontal situations in decisive.

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Практическо прилагане на задължението за съответстващо
на директива тълкуване на вътрешните правни норми

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Практическо прилагане на задължението за съответстващо на директива тълкуване на вътрешните правни норми

Author(s): Atanas Semov / Language(s): Bulgarian Issue: 5/2022

The duty of consistent interpretation of all dispositions of the EU member state’s internal law is the larges and the less known consequence of the operation of Union directives. It has two main manifestations – clearly consecutive: consistent interpretation of the internal legal rules that transpose the directive and consistent interpretation of the pre-existing internal legal rules that fall within its scope. Special attention should be paid to the provisions of the directive that leave Member States discretion or a right to derogate. Quite often, deficiencies in the transposition can be rectified precisely through consistent interpretation. The consistent interpretation, however, has limitations.

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ПРВИ СТУБ ЕВРОПСКЕ УНИЈЕ - ACQUIS COMMUNAUTAIRE

Author(s): Zoran Radivojević / Language(s): Serbian Issue: 44/2004

The first pillar of the European Union comprises the European Communities as integrated supranational organizations of a solid and coherent legal system (community law) and highly developed structure. The peculiarity of their jurisdiction is reflected in their binding decisions, specific characteristics of the legislative and decision-making process, and the supremacy of the bodies composed of independent persons or directly elected citizen representatives. In addition, the European Communities appear as legal persons in the internal orders of the member states, with all the essential features of international law subjectivity. In contrast, the European Union is a hybrid development, representing a combination of elements of supranationalism and integration which are predominant within the Communities (the first pillar) and the traditional interstate co-operation in the field of foreign politics and political security (the second pillar), jurisprudence and internal affairs, i.e. judicial and police co-operation in criminal matters (the third pillar). Due to its hybrid nature, the European Union is not an autonomous subject in internal and international law but only a common denominator, a unique framework within which Comminities still retain the character of a legal person and their full international subjectivity, which is augmented by common policies and upheld though new areas of co-operation.

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Превентивна археологија у служби заштите градитељског наслеђа кроз пример важеће законске регулативе Француске о разлозима и условима настанка превентивне археологије у ЕУ

Author(s): Aleksandra Mirić,Nađa Kurtović Folić / Language(s): Serbian Issue: 43-44/2013

Large number of existing archaeological sites are endangered by development of urban and rural infrastructure and other construction works. With disturbance of stratigraphy of the ground and damaging of construction elements, the readability of archaeological remainings and, therefore, possibilities for scientific research are compromised. Such damage can lead to irreversible loss of precious data and valuable artifacts from the past. Preventive archaeological research today is an obligatory element and precondition to realization of infrastructural and construction work of larger scales in most of the countries of European Union. One of the examples is France that regulated this issue through legislation and institutions by adopting the Law on preventive archaeology in 2001. In the same year National Institute for Preventive Archaeology of France (INRAP) is established. This article presents the analyses of valuable and applicable solutions of above mentioned Law, as well as comparison with Law on Cultural Heritage from 1994. Analyze will present the level of effectiveness of legislation in two countries, primarily concerning development of research in the field of preventive archaeology. It will also present the effects which preventive archaeology has on development of archaeological science as independent scientific branch, as well as influences on protection, preservation and presentation of cultural heritage.

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Превенција насиља у породици, европски стандарди и право Републике Србије

Author(s): Dragan Jovašević / Language(s): Serbian Issue: 59/2017

The Republic of Serbia has prescribed domestic violence as a separate criminal offence according to the adopted international standards, which are a part of numerous documents of universal and regional international organisations (Council of Europe, European Union), by adopting the new criminal regulation in 2005 and it’s updating in 2009 and 2016. This respectively means that the Republic of Serbia by providing criminal responsibility and punishing ability for the most severe forms of violence and a system of prevention measures among relatives, has approached in this way numerous other legal and social systems. The paper analyses the international standards of system prevention measures against domestic violence of the European regional organisations and their implementation in the criminal legislation of Serbia.

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Преглед европског законодавства о заштити личних података у здравственом сектору

Author(s): Iris Bjelica Vlajić / Language(s): Serbian Issue: 42/2012

Since 1974 when US adopted the Privacy Act, protection of privacy and data protection have been applied to many areas. Among them is medical sector. While under medical file one understands systematic documentation of patient’s history within the jurisdiction of one health provider, medical data is applied to various pieces of information about an individual. With the technology improvements these data is widely reachable and in need of protection. Furthermore, since freedom of movement of people, services and goods were guaranteed within the EU, medical services stretch beyond national borders. That means that the data flow has to be regulated. In Europe two separate systems of medical data protection exist. First one is under the Council of Europe and the other under the EU. A brief presentation of adopted legislation that regulates this matter has been offered. Finally, without division all data require to be protected while legality and basic principles should be applied to any type of their processing.

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Преглед и анализа регионалне политике Европске уније

Author(s): Pero Petrović,Andrijana Mirković / Language(s): Serbian Issue: 43-44/2013

Achievement of balanced regional development is one of the key issues faced by the European Union. Since the establishment of the common market and its positive development effects on the Community as a whole, also appeared a number of negative effects on its parts among this is the fact that the economic growth didn’t take place at the same pace. As a result, already in the 1960s, many EU countries have adopted their own regional development policies, and the importance of regional policy in improving the economic, social and territorial cohesion among member states has became greater over time. Harmonization with the EU’s regional policy for Serbia as a candidate for membership is necessary, and the obligation to define the regions in accordance with the NUTS nomenclature has been taken by the Stabilisation and Association Agreement, which asks from Serbia for the submission of data on the GDP per capita to the European Commission, harmonized at NUTS 2 level for a period of four years. The essence of this requirement is not in decentralization and the creation of political regions, but it aimes only at statistical regionalization of the country’s territory in order to provide unified information on the development of the regions in order to efficiently allocate the pre-accession funds, and in the future potentially the EU structural funds.

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ПРЕГЛЕД НА НЕМСКАТА УРЕДБА НА СПИРАНЕТО НА ИСКОВОТО ПРОИЗВОДСТВО ПО РАЗПОРЕЖДАНЕ НА СЪДА

Author(s): Anastas Punev / Language(s): Bulgarian Issue: 2/2018

The article analyses the German Procedural Code (Zivilprozessordnung)'s understanding of the stay of proceedings in the cases of § 148 and 149 which draw similarities to Art. 229 (1), p. 4–5 of the Bulgarian Procedural Code. Departing from the legislative history of these rules and their clear reference to the Roman law notion of praeiudicium, the author draws the principles in the German case law, as part of them can be applied in Bulgarian procedural context as well, while others can serve for respective amendments to the law. These include, inter alia, the moment at which the court shall decide whether to stay the proceedings, its discretion, the criteria that shall be taken into account, as well as the principles which shall be respected when ordering a stay.

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Преглед на практиката по установяване на противоправно налагане на „препоръчителни”, „минимални” и „ориентировъчни” цени в рамките на сдружения на предприятия и санкционирането на сдруженията за този вид нарушения

Author(s): Velichko Dobrev / Language(s): Bulgarian Issue: 4/2014

Unlawful imposition of prices is a fundamental issue in Competition Law theory and practice, both at national and at a European level. The price is one of the major elements of competition between undertakings in the relevant market, along with the quality and variety of goods. Therefore, from a competition perspective it is essential for any undertaking to be independent in its trade and commercial policy. In this sense, both national and European competition law establishes explicit prohibitions on agreements between undertakings, decisions by associations of undertakings and concerted practices of two or more undertakings which have as their object or effect the prevention, restriction or distortion of competition to the relevant market such as the direct or indirect fixation ofprices. Concerted fixing ofprices between two or more undertakings or a decision by an association of undertakings aimed at fixing prices of certain goods or services are considered one of the worst forms of distortion of competition, which carry a negative charge such that there is a presumption of unlawfulness before have produced specific anti-competitive effects in the relevant market. Therefore, they are among the distortions of competition per se (consideredfor violations themselves). However, not always, in all cases, the determination of prices is considered anti-competitive and therefore illegal. Thus, for example, under Regulation (EC) № 330/2010 of 20 April 2010 did not constitute an infringement of competition in itself providing a list of recommended prices or maximum prices by the supplier to the buyer. This article aims to present practice of the European Commission (EC), the national competition authorities (NCAs) of the Member States of the European Union and the Court of Justice of the EU on the determination of prices and - particularly those cases where even theimposition of "recommended" minimum prices is proven illegal by the authorities. The perspective of the article will bade unlawful imposition of prices within associations of undertakings specifically

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Преговори Србије и Европске уније у вези поглавља 20 - предузетништво и индустријска политика

Author(s): Sanja Filipović,Miroslav Antevski / Language(s): Serbian Issue: 49-50/2014

The EU industrial policy (chapter 20) has the aim to improve competitiveness by speeding up the adjustment to structural change encouraging the establishment of an environment which is favourable for business creation and growth as well as domestic and foreign investments. EU acquis communautaire in the field of industrial policy mainly consist of policy principles and industrial policy communications. The aim of this paper is to determine whether Serbia meets these conditions or whether it has all the elements to define the negotiating position of the particular chapter. Serbia has adopted a relevant strategic document and the Action Plan, which are in accordance with the EU, integrated industrial policy and objectives of the EU strategy EUROPE 2020. It makes an integral part of enforcing the process of overall structural reforms in the country and it is based on enforcing the principles of the Lisbon agenda. The Small Business Act has been implemented and the Law on Limiting Payment Deadlines entered into force. As the chapter 20 is one of easier chapters for negotiation and so far, no Member State with which the negotiations has been completed failed to ask for interim periods or special agreements under this chapter; it may be concluded that Serbia is on a good way to close the negotiations for this chapter. However, what is more worrying is competitiveness of the national industries and improving the business environment.

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Преговори Србије и Европске уније у вези са поглављем 23 - правосуђе, основна права и независност правосуђа

Author(s): Ana Knežević Bojović / Language(s): Serbian Issue: 52-53/2015

The Independent judiciary is the point where sound regulations on judiciary meet its high ethical value. Over the past decade, Serbia has struggled to achieve it. Following the failed judicial reform based on the National Judicial Reform Strategy of 2006, Serbia has drafted the new strategy and the relevant Action plan. At the same time, the EU accession process mandates comprehensive changes in the judicial system, and the harmonization of national law with the EU acquies is dealt with within the negotiation Chapter 23 – Judiciary and Fundamental Rights, which, according to the new EU approach to the negotiation process, is to be opened early in the process. Following the explanatory and bilateral screening for the Chapter 23, and based on the recommendations formulated in the Screening report, Serbia has developed a comprehensive Action plan for the Chapter 23. Although the process of the development of the plan was a pilot good practice exercise aiming at improved dialogue with the civil sector and increased overall ownership of the Action plan, it still shows considerable deficiencies. The Ministry of Justice has formally pronounced the two major public policy documents – the new National Judicial Reform Strategy and Action Plan and the Chapter 23 Action Plan – harmonized; however, a closer investigation of both documents shows certain substantive discrepancies which are a signal of a deeper misunderstanding of the end goal of the judicial reform process, as steered through the EU integration process. The Chapter 23 Action plan offers little or no guarantees that the implementation of the planned comprehensive reform measures – including changes to the Constitution - will, indeed, result in a truly independent judiciary. Quite to the contrary, the overall impression after the analysis of both documents is that true dedication to the direly needed reforms in the judicial sector is lacking, and that both documents are designed so as to tick all the necessary boxes while showing a little commitment to a true change. In addition, both documents are likely to share the faith of their predecessor – the first Judicial Reform Strategy – and fail to secure full support and ownership of the judicial and legal professionals in Serbia. This is a challenge the Ministry of Justice must address before the negotiations for Chapter 23 are formally opened.

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ПРЕД КОЙ СЪД СЕ ОБЖАЛВА РАЗПОРЕЖДАНЕТО НА ПЪРВОИНСТАНЦИОННИЯ СЪД ЗА ВРЪЩАНЕ НА МОЛБАТА ЗА ОТМЯНА НА ВЛЯЗЛО В СИЛА РЕШЕНИЕ

Author(s): Aneliya Mingova / Language(s): Bulgarian Issue: 2/2015

The article is dedicated to the problem of jurisdiction on interlocutory appeal against the order of the court of first instance to return the application for annulment of final court decisions. Critical analysis of the amendments to the Civil Procedure Code leads to the reasonable conclusion that this should be the Supreme Court.

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Предварителен контрол върху процедури за обществени поръчки, финансирани напълно или частично със средства от европейските фондове

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The subject matter of the present report concerns the ex-ante control over public procurement procedures fully or partially financed with resources from the European funds in terms of purpose, legal grounds, scope and procedure before the Public Procurement Agency. The report is consistent with the current Bulgarian legislation and, in particular, with the latest amendments to the Public Procurement Act, as promulgated in the State Gazette, issue 40 of 13 May, 2014.

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ПРЕДИЗВИКАТЕЛСТВА ПРЕД МИТНИЧЕСКИЯ НИ КОНТРОЛ С НОВИЯ РЕГЛАМЕНТ НА ЕС ОТНОСНО КОНТРОЛА НА ПАРИЧНИТЕ СРЕДСТВА, КОИТО СЕ ВНАСЯТ ИЛИ ИЗНАСЯТ ОТ ЕС

Author(s): Tamara Vlaykova / Language(s): Bulgarian Publication Year: 0

This article focuses on changes in customs controls related to the new Regulation of the European parliament and of the Council on cash entering or leaving the Union and repealing Regulation (ЕC) № 1889/2005. In this connection, the analysis of the new legal provisions is made and it is justified to conclude that our national legislation, in the field of cash control, is largely in line with the new legal framework.

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Предизвикателства пред определянето на финансови нередности и корекци по Закона за управление на средствата от Eвропейските структурни и инвестиционни фондове

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 2/2016

Structural Funds of the European Union are financial instruments through which the Union acts to reduce economic and social disparities between regions aimed at achieving economic and social cohesion in the European area. An important condition to benefit from this assistance is the most transparent management and implementation of the process of absorption of irreparable structural funds, which means developing projects in line with European and national legislation governing the matter. Strict financial corrections and recoveries are part of the mechanism for the implementation of the EU budget with a view to concrete results from the spending of publicfunds. When the money of EU taxpayers spent improperly, it is necessary to take adequate recovery measures at European and national level.

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Предизвикателства пред стратегическото управление на висшето образование в България в новото десетилетие (Национална карта на висшето образование)

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Предизвикателства пред стратегическото управление на висшето образование в България в новото десетилетие (Национална карта на висшето образование)

Author(s): Iskra Mileva / Language(s): Bulgarian Issue: 1/2022

The scientific article presents the latest European strategic documents and the latest national decisions related to higher education and science, in the context of the challenges of the decade. A critical analysis of the process of creating a “National Map of Higher Education of the Republic of Bulgaria” was made. Conclusions and recommendations have been formulated for strategic management and specifically for strategic management of higher education, which should be useful for administrative science and management practice

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Предизвикателствата пред КЗД – минало, настояще и бъдеще

Author(s): Anna Djumalieva / Language(s): Bulgarian Publication Year: 0

In this report, through legal and historical analysis presented the implementation of the obligations of the Republic of Bulgaria on the introduction of anti-discrimination legislation and the establishment of an independent national equality body. The Bulgarian Anti-Discrimination Act is addressed in the context of EU law making comparisons with other EU Member States. The legal positions and the powers of the Commission for Protection against Discrimination independent national and state body for prevention of discrimination, protection against discrimination non-discrimination against discrimination and equal opportunities are analyzed.

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