Az Európai Szociális Alap értékelése (2000–2006)

Author(s): János Setényi / Language(s): Hungarian Issue: 3/2012

The author here relates, in part, the history of the European Social Fund’s (ESA in the period 2000–2006) evaluation process, and also covers, in part, the culture, models and patterns of an international evaluation team. As a contribution to the general aims of the European Commission, ESA mobilized the labour market of Europe – and 8–10 million workers and students moved, mainly from East to West, to seek out new opportunities for work and study. This is one of the biggest social innovations in the history of the European Union, one which was caused by labour market forces (Eastern unemployment, Western levels of income). The author, whilst dealing with further causes of the great migration, additionally mentions the new and rapid developments in communications (ICT, transportation). One great experience noted from the fact of international cooperation in evaluating ESA was the importance of cultural differences among participant evaluators. While the English partner represented professionalism and high-level technical training, Italians brought ideological preparedness to such cooperative work; and while the Spanish partner had great experience in Hispanic evaluations, a small but forceful German team contributed its specifically German cultural background to the international task. The Hungarian team was in an intermediary position amid these different evaluation cultures.

A bologna piramis - A felsőoktatási menedzserizmus megjelenése európai és globális szinten

Author(s): Ildikó Hrubos / Language(s): Hungarian Issue: 4/2011

Managerialism, which has appeared in parallel with the massification of higher education and with increases in financial difficulties, now has an international dimension in the European Higher Education Area (EHEA). European organizations handling it (partly via the European Union, partly with EHEA jurisdiction) have been formed along with their administrative and academic-type governing boards; also, there are complex mechanisms for consulting with stakeholders. While the struggle between national governments and among autonomous institutions is a well-known phenomenon, transnational (European) organizations are now having to fight with autonomous member states, more precisely with members of a loose alliance (EFT).

ПАК анализът като подход към операционалното дефиниране на корупцията

Author(s): Aleksandar Stoianov / Language(s): Bulgarian Issue: 1/2018

The paper is based on the classical definition of corruption (V.Tanzi) and explores the approaches to the operationalization of the mechanisms, levels and forms of corruption derived based on this definition. The objective of the paper is to elaborate appropriate areas of indicators allowing for corruption measurement and analysis. More specifically, the objective is to find solutions to these problems based on a descriptive model of this phenomenon using one of the "good" alternatives in this respect is the Principal-AgentClient (PAC) analysis. Based on the theoretical analysis, the paper proposes interpretation of the content and criteria for different forms of corruption and identifies several levels of constraints to corruption behavior in public governance structures. More recent analyses of corruption assert that PAC analysis is not a good tool for analyzing the factors which inhibit or enhance corruption. As a descriptive model however, PAC analysis has its advantages as it helps delineate the mechanisms, levels and forms of corruption.

OPOREZIVANJE DOBITI MULTINACIONALNIH KOMPANIJA I PRAVO DRŽAVNIH POTPORA EUROPSKE UNIJE

Author(s): Stjepan Gadžo / Language(s): Croatian Issue: 1/2018

The paper analyses the most important legal aspects of the recent European Commission’s decision regarding the “Apple case”. The decision, adopted in August 2016, breeds controversies, especially as to the innovative interpretation of the so-called arm’s length principle and transfer pricing rules within the EU context. Legal reasoning of the Commission will be put to the judicial test by the Court of Justice of the European Union in the coming period. From a broader perspective, the Apple decision is tied to the current debates on “fairer” taxation of multinational companies. In this regard it is evident that the EU institutions are using state aid rules as instruments against the so-called aggressive tax planning. However, from the perspective of individual Member States this may be considered as an undue encroachment on their tax sovereignty. Against this backdrop, main findings of this paper may be useful for academics and practitioners dealing with neighbouring areas of tax law and state aid law.

КЪМ ПЛУРАЛИСТИЧЕН ПОДХОД ЗА ИЗСЛЕДВАНЕ НА ПОЛИТИКИТЕ, КООРДИНИРАНИ НА НИВО ЕС ГРАЖДАНСКИ СЕКТОР

Author(s): Simeon Petrov / Language(s): Bulgarian Issue: 1/2017

The article aims to summarize the many approaches for studying the relationship between national and European dimensions of public policy. Based on existing analytical tools the article attempt to draw up a sufficiently broad and pluralistic approach to the study of public policy coordinated at EU level without falling within the exclusive or shared competence of the Union. The three branches of the new institutionalism serve as methodological basis – the institutionalism of rational choice, sociological institutionalism and historical institutionalism, which are complemented by other approaches and concepts which contribute to European researches. As a result, an exemplary studying model is formed which having no claims of universality, allows testing a wide range of policies for which regulatory and economic analyzes appear to be limited.

ЛОГИКАТА НА ВЪЗМОЖНОТО - ВЪЗНИКВАНЕ И РАЗВИТИЕ НА ЕВРОПЕЙСКАТА ПОЛИТИКА НА ЗАЕТОСТ

Author(s): Simeon Petrov / Language(s): Bulgarian Issue: 1/2015

This article is dedicated to the nature, emergence and development of the European Employment Policy. The focus is on the European Employment Strategy as the most important and meaningful core of the employment policy at European level. In contrast to the majority of studies that assess and explain the European Employment Strategy at the relevant moment this article adopts a more dynamic approach. Thus the factors such as the role of the European Commission, the importance of EU enlargement, changes in the structure of the dominant coalition and the importance of the dominant paradigm in terms of employment are better taken into account.

ОТВОРЕНИЯТ МЕТОД НА КООРДИНАЦИЯ – НЕЩО НОВО, НЕЩО СТАРО ИЛИ НЕЩО НАЗАЕМ

Author(s): Simeon Petrov / Language(s): Bulgarian Issue: 1/2014

The purpose of this article is to outline the main characteristics of the Open Method of Coordination as a model of governance in the EU. The substantive and principal components of the OMK which distinguish it from the other procedures for development of European policies are examined as well as the additional elements that build on the benchmarking used in the business sector and partly in the public sector. Formula for assessing the added value of the OMC is proposed which is not on the basis on the compulsory convergence and harmonization but on the mutual learning and the provision of agreements. To a large extent the analysis is focused on the OMC in employment - the first and most developed procedure for coordination.

EUROPEAN SOCIAL POLICY: DO THE STATES MATTER?

Author(s): Tatiana Tomova / Language(s): English Issue: 1/2012

The article explores the issue of the European policies’ deliberative character and analyses the challenges the Member States face participating in this process. The idea that the European process depends rather on informal institutions, including on the identifications of participants is developed on the base of the European Employment Strategy analysis. The effectiveness of the common employment policy passes through the ability of States to formulate national priorities and to implement them in the framework of the common process. This capability that is not proven from the National action plans study is related to the States representatives’ perceptions of the European process and their own role in it.

Between law and politics: Muslim religious practices in Swiss public schools

Author(s): Fabienne Bretscher / Language(s): English Issue: 20/2017

Switzerland is currently confronted with a strong political movement that aims at restricting civil rights of certain minority groups, in particular Muslims. This has led to several limitations to their religious practices, some of them even approved by popular vote. From a legal point of view, the question arises which role this shift in politics plays in the Federal Supreme Court’s interpretation of the fundamental right to freedom of religion granted by the Swiss Constitution in cases regarding Muslims. By means of a case study in the field of public education, this paper examines how the political environment influences the relevant case law. It arrives at the conclusion that although the Court was at first following the political trend of restricting Muslims’ fundamental rights, it has taken a stronger stand against such tendencies in recent decisions.

Międzynarodowa konferencja naukowa pt. Religion, Cooperation, and Conflict in Diverse Societies, Lozanna (Szwajcaria), 4-7 lipca 2017 r.

Author(s): Michał Zawiślak / Language(s): Polish Issue: 20/2017

Analiza usklađenosti Zakona o azilu BiH sa pravnom stečevinom EU

Author(s): Darko Pandurević / Language(s): Croatian Issue: 30/2017

Potpisivanjem Ugovora o stabilizaciji i pridruživanju, Bosna i Hercegovina se obavezala da usaglasi svoje zakonodavstvo sa pravnom stečevinom Evropske unije. Savremeni migracijski tokovi i potreba da države članice što adekvatnije reaguju na nastale okolnosti rezultirali su dodatnim izmjenama zakonodavstva Evropske unije. Posljedično, stvorila se potreba da se izmijene odredbe starog Zakona o kretanju i boravku stranaca i azilu1 te da se one usklade sa acquis-em. Novi Zakon o azilu Bosne i Hercegovine donesen je 2016. godine.

KAKVO USTROJSTVO EVROPE

Author(s): Author Not Specified / Language(s): Croatian Issue: 01/1991

Evropska zajednica mora jačati svoju sposobnost djelovanja. Za to joj je potreban ustav. Samo tada može savladati probleme budućnosti. Ovaj izvještaj smatramo poticajnim doprinosom pa svjesno nismo predložili razrađen nacrt ustava. Više želimo u evropskoj ustavnoj raspravi dati nove naglaske.

USTAV REPUBLIKE HRVALSKE I NADNACIONALNE ORGANIZACIJE: SUVERENITET, MEĐUNARODNI ODNOSI I TEMELJNA LJUDSKA PRAVA

Author(s): Siniša Rodin / Language(s): Croatian Issue: 01/1991

The article discusses three major issues relevant for the evaluation of 1990 Croatian Constitution in the light contemporary European legal and political developments.

ASSESSMENT OF THE ADMINISTRATIVE BURDENS FOR BUSINESSES IN BULGARIA ACCORDING TO THE NATIONAL LEGISLATION RELATED TO THE EUROPEAN UNION INTERNAL MARKET

Author(s): Atanas Atanassov,Silvia Trifonova,Jasmina Saraivanova,Anton Pramatarov / Language(s): English Issue: Spec/2017

The key objective of the paper is to identify and assess the administrative burdens for businesses in Bulgaria according to the selected national laws related to the EU Internal Market. The study relies on objective data and analytical frameworks with a view to identify and assess the information obligations stemming from selected laws and regulations, including national rules implementing or transposing European legislation. This is an important step in strengthening Bulgaria’s national policy on better regulation for businesses. Information obligations are those arising from regulation to provide information and data to the public sector or third parties. Administrative burdens represent the “extra” administrative costs linked to collecting and providing information that businesses would not normally have to do in the absence of a legal obligation. While regulation is important and necessary, these additional costs represent a burden for businesses. It is a burden for business both in terms of money and time, which diverts resources from productive investments and generally discourages entrepreneurship. The methodology used in the paper is based on the Standard Cost Model for Estimating Administrative Costs established for assessing administrative costs imposed by the EU legislation. The paper is developed taking into account the findings of the OECD and the European Commission. The study outlines the results of the administrative costs and administrative burdens for businesses in Bulgaria of totally measured 742 information obligations (IOs) in 16 national laws and regulations to them in 9 selected priority areas during 2013. Even though the study is limited to specific legal acts and to an assessment of costs to business, the results are helpful in understanding the mechanisms by which the administrative costs and administrative burdens accrue.

ВЪПРОСИ НА ДОГОВОРА ЗА ПОЖИЗНЕНА РЕНТА

Author(s): Galina Dimitrova / Language(s): Bulgarian Issue: 1/2017

This article deals with a number of Family law and Law of obligations problems of the contract of rent. It is made a characterization of the rent contract. It is shown who will be a titular of the acquired through the contract real rents and how the spouses would be responsible for the obligation of rental payments under the regime of community. It is considered the question is it acceptable one of the spouses to transfer to the other real rights with a rent con-tract with lifelong payments, as we know for the existence of the obligation for maintenance between the spouses. With the analysis of the contract regime it is examined the hypothesis, where the marriage contract consists the clauses of the rent contract, and also of the question if the creditor of the rent payment can claim on the basis of contracted by the spouses solidary liability, thus the author corroborates her thesis with a lot of arguments. When it is applicable the regime of separation are discussed the possibilities of solidary liability between spouses for the obligation of periodical payments on the rent contract and emergence of the common titularity of spouses of the acquired by the rent contract.

THE ANALYSIS OF IMMIGRATION TRENDS OF SKILLED MIGRANTS: CASE OF GEORGIA

Author(s): Rossen Koroutchev,Ia Iashvili / Language(s): English Issue: 1/2018

In this paper we investigate several aspects of the contemporary immigration in post-Soviet Georgia by analyzing some recent trends related to the migration phenomena in the country. Our results are based on an extensive field work with two main groups – one, with skilled foreign immigrants in Georgia, and the other, with return Georgian emigrants, both covering all of the country’s territory. Finally, we discuss the return migration and the existing programs of voluntary return between Georgia and other countries, as well as the opportunities for professional realization in the country of the Georgian returnees and the foreign immigrants.

ЗАКОНОДАТЕЛНИТЕ РЕФОРМИ НА ИМПЕРАТОР ОКТАВИАН АВГУСТ

Author(s): Antonio Fernández De Buján / Language(s): Bulgarian Issue: 1/2015

This work aims at describing and commenting on some of the main institutions of Roman law like the inheritance law of the state, tax law reform, the creation of the public police service and the misappropriation or misuse of public treasury, among others. Being created ex novo or reformed by Augustus' Legislation, they are particularly interesting because, unlike other wellknown Augustus' laws on matrimony, province and municipality, and citizenship and freedom, they have been hardly studied.

LEX AELIA SENTIA ТЕКСТУАЛНАТА САНКЦИЯ ЗА НИЩОЖНОСТ РИМСКИТЕ LEGES PUBLICAE

Author(s): Daniil Tuzov / Language(s): Bulgarian Issue: 1/2015

The article is devoted to the topic of the Roman prohibition laws in the field of private law (leges perfectae) are limited to banning a particular action or establishing a penalty for offenders. Lex Aelia Sentia is obviously the first law that provides in its text nullity when doing acts are contrary to its prohibitions. It is assumed that the assessment of actions contrary to the law as devoid of legal effect and therefore the assessment of the law itself as lex perfecta is a result of the interpretation given by Roman jurisprudence.

САНКЦИИ ЗА НЕИЗПЪЛНЕНИЕ СРЕЩУ ПРЕДПРИЕМАЧА НА ПУБЛИЧНИ РАБОТИ КЪСНАТА РЕПУБЛИКА РАННИЯ ПРИНЦИПАТ

Author(s): Andrea Trisciuoglio / Language(s): Bulgarian Issue: 1/2015

In the article are analyzed different ways accepted in the Roman experience (between the Late Republic and the Early Principate) of putting of imposing of sanctions for nonperformance of the contractor of the public services. When it is excluded the possibility of the exercising of the actio locati from the representative of Populus, it is paid attention to the multae dictio like an afflictive solution less severe prescribed in the articles of the contract for the public services. It is reviewed the venditio praedum-praediorum, confirming on the base of leges Malacitana and Irnitana (chapters 64 e 65), that it in the case of nonperformance of the contractor of public work consists also in relocatio operis. In the hypothesis of one nonperformance harming the rights of third persons beneficiaries of the public service, it is obvious the using of the procedure of the recuperatores which has an acute public character. In the evaluation of the synthesis it is criticized the opinion according to which the private persons are involved (for example with the cession of the credits) sanctioning the redemptores who do not perform their engagement.

ОПИТЪТ ЗА НРАВСТВЕНА РЕФОРМА НА РИМСКОТО ОБЩЕСТВО С АВГУСТОВОТО БРАЧНО ЗАКОНОДАТЕЛСТВО

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2015

The marriage legislation was part of Augustus` program to restore the res publica shaken by more than a century of political and social disorder. For Augustus and for men like Livy, Horace and Virgil the solution of the troubles which had befallen the Roman lay in the past, in the values and customs and of an earlier age (exempla maiorum) – family life, the chastity of Lucretia, the moral probity of Cato the Elder, in a word, Romanitas. The political settlement imposed by the principate was not enough without propagation of the Italian stock and of its prisca virtus, which, unadulterated by the attitudes and beliefs of the opulent and decadent east, had won Rome an empire. Ironically, the methods of Augustus of implementing this archaizing social policy, was itself a radical innovation – pervasive intervention by the state in the private lives of roman citizens passing three according to some of the contemporaries severe laws – Lex Iulia de maritandis ordinibus, lex Papia Poppaea and Lex Iulia de adulteriis coercendis, which response is obviously visible centuries after the death of their glorious creator – the reformator emperor Octavianus Augustus.