НАСТОЯЩА СИТУАЦИЯ И ОТГОВОР НА ТРАФИКА НА ХОРА В ЮГОИЗТОЧНА ЕВРОПА

Author(s): Militsa Karadzhova-Manova / Language(s): English Issue: 1/2019

Еvery year thousands of people - most of them women and children from the poorer countries are being exploited, tricked and forced to do things against their will. These people are being mistreated as commodities by the transnational criminal traffic industry. Such criminal groups are growing more and more, earning billions of euros, working with impunity. After drugsbusiness and illegal weapons, human trafficking has become the third most profitable business worldwide. It is mainly due to both the changes which happened in Europe in 1989 and the opening of European borders, which gave many people a chance for a new, peaceful and grateful life. Human trafficking cannot be seen only from a national security point of view, nor as a war against illegal migration. Human trafficking, is most important of all, desecration of human rights.

FOREWORD

Author(s): / Language(s): English Issue: 2/2022

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

FOREWORD

Author(s): / Language(s): English Issue: 1/2023

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

Argument

Author(s): / Language(s): Romanian Issue: 1/2024

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

Foreword

Author(s): / Language(s): English Issue: 1/2024

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

Zgodność z prawem UE projektu ustawy o zmianie ustawy o ograniczeniu prowadzenia działalności gospodarczej przez osoby pełniące funkcje publiczne

Author(s): Marcin Fryźlewicz / Language(s): Polish Issue: 1/2024

The analysis of the proposed amendments to the Act on Restriction of Business Activities of Persons Performing Public Functions involves expanding the scope of the Act’s subject matter. The article analyzes the proposed amendments for their compatibility with EU law. The author concludes that making property declarations regarding a spouse’s separate property available on the Public Information Bulletin may violate data protection laws, so the proposed privacy restrictions cannot be considered necessary to achieve the intended purposes. Considerations also include the possibility of questioning the compatibility with EU law of certain provisions providing for the restriction of EU freedoms, despite the fact that they are non-discriminatory in nature, as well as serve to achieve an overriding general interest. Indeed, in the author;s opinion, there is no justification of the necessity of the envisaged solutions for the intended purpose.

Foreword

Author(s): / Language(s): English Issue: 2/2024

The journal is structured into sections that reflect actual problems of different legal domains, as follows: International Law, Public Law, Private Law and Criminal Sciences. 10 The magazine continues to promote the innovative element implemented in the previous issues — the aforementioned sections include the research of post-graduate students, the criterion being the finalization of the doctoral studies and completion of thesis, including the beginning of the procedure of its defense. This exception is aimed at confirmation of high level of doctoral studies. This rule is applied in the same measure to the experts, whose research presents an interest, especially for the practitioners.

NAVIGATING NEW CHALLENGES: WESTERN BALKANS AT THE CROSSROADS OF EU INTEGRATIONS

Author(s): Amir SHABAN / Language(s): English Issue: 21-22/2024

For several years now, European integration has been recognized as a key strategy to achieve dual goals in the Western Balkans: peace and stability. The European perspective is a commitment not only to the foreign policy of this region but also a great expectation of the citizens of these countries. The Western Balkans, as the European Union calls it after the integration of Bulgaria and Romania in 2007, is a political notion with more than a geographical definition. The Western Balkans, a region which includes: Albania, Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Serbia, and Kosovo, throughout the Cold War period was the area where East and West were divided. After the fall of the communist regimes in Eastern and Southeastern Europe, which followed the signing of the Maastricht Treaty and the establishment of the European Union, euphoria and enthusiasm for joining a united Europe grew. Thus, the prospect of a common future of the Western Balkans in a democratic and prosperous Europe now seemed more than feasible. Today, the countries of the Western Balkans that have passed the transition period, still encounter the difficulties of their consolidation or the stability of bilateral agreements. Although they are located in the European continent with cultural diversity in a narrow space, they continue to remain out of place in the Euro-integration process. Economic development, commercial exchanges, investments, unemployment, etc., are another dimension of the countries of the Western Balkans, but also the initiatives of some countries for an opening within the area called a mini-Schengen, and then turned into “Open Balkan” which was specifically replaced by the “Berlin Process”, which began in 2014, as a proposal by the German Chancellor Angela Merkel to accelerate the European integration of the Western Balkan countries. The difficult economic situation combined with inherited political problems has created large discrepancies between countries of this region in relation to the benefits that come from the EU. The created situation has contributed to some states expanding and increasing their influencing power in this region, such as the influence of Russia. These issues represent some of the main points of view of the conference, which aims to bring together researches from the countries of the region to present their studies and views on the issues of the integration of Western Balkans into the EU and to exchange experiences, ideas and discuss other relevant issues related to the topics of the conference.

THE ROLE OF THE EUROPEAN UNION IN ACHIEVING SUSTAINABLE DEVELOPMENT AT THE GLOBAL LEVEL

Author(s): Tatjana Gerginova / Language(s): English Issue: 21-22/2024

In the context of globalization and demographic change, states are currently more vulnerable to non-military, asymmetric, hybrid and cyber threats and threats from non-state actors. Russia's war on Ukraine, Hamas's military attack on Israel indicate the likelihood of armed aggression against the sovereignty and territorial integrity of the state in modern global conditions.In the introductory part of the paper, the author analyzes the notion of national security as the ability of states, taking into account global changes and development, to protect their own identity, survival and interests. Furthermore, the author analyzes the need to achieve Sustainable Development at the global level. In the final part of the paper, the author states that Investing in the common future with its closest neighbors is fundamental for the long-term political stability of the European Union itself. Therefore, the enlargement of the European Union is based on development programs aimed at achieving political stability, secure economic conditions, social cohesion and environmental sustainability.The content will be created based on the analysis of foreign literature and using electronic content. In preparing the content of the paper, the author will apply the general scientific methods: the descriptive method, the normative method, the comparative method and the content analysis method as a special scientific method.

THE CONTRIBUTION OF PUBLIC DIPLOMACY INSTITUTIONS TO THE PROGRESS OF THE COUNTRIES IN WHICH THEY ARE LOCATED IN THE PROCESS OF INTEGRATION INTO THE EUROPEAN UNION, A REVIEW OF ORGANIZATIONS OF TURKISH PUBLIC DIPLOMACY IN NORTH MACEDONIA

Author(s): Cengiz DESTAN,Muhammed Izeti / Language(s): English Issue: 21-22/2024

Edmund Gullion first used the concept of public diplomacy in its modern sense in 1965, he tried to define it as an attempt to influence public attitudes in foreign policy. Therefore, it is explained by Cull that public diplomacy covers areas of international relations other than traditional diplomacy, the efforts of governments to create public opinion in other countries, the activity of non-governmental organizations and for-profit organizations between countries, communication between diplomats, reporters and intercultural communication processes. These initiatives, which are not carried out directly or solely by the Ministry of Foreign Affairs, are provided by agencies and sub-organizations specially created by the states. Thanks to these organizations, diplomatic relations are strengthened while carrying out activities abroad. These activities can be divided into two different categories such as education, cultural, artistic and linguistic development and activities for the promotion and benefit of the country, while in the second part there are initiatives for the development of infrastructure and superstructure such as health, education, technology and transport, which will develop the country in which the institutions abroad are located. In countries like North Macedonia, which wants to join the European Union and is in the negotiation phase, the infrastructure situations and development potentials such as health, education, technology, transport and the legal order are very important for the country. This study aims to examine the process carried out by the Republic of North Macedonia, which is at the crossroads of integration into the European Union, from another perspective, to touch on the contribution of foreign countries to the country in this direction, especially the contribution of Turkish institutions.

NORTH MACEDONIA TOWARD THE EUROPEAN UNION THROUGH GOOD NEIGHBORLINESS

Author(s): Hatixhe BAJRAMI,Drita Fazlia / Language(s): English Issue: 21-22/2024

After declaring independence in January 1991, North Macedonia decided that its future would be in the family of democratic peoples of Europe. North Macedonia has clearly expressed its priority for membership in the European Union as one of its strategic and vital interests. With the realization of this determination, the Republic of North Macedonia was legitimized as a reliable partner and ally of the European Union, but it still went through a series of different stages in the development of relations, rapprochement, and integration in the EU. We all know that reforms are required within the states that seek and want to be members of the European Union. There are several important steps through which the state of North Macedonia, a candidate country, has shown its goodwill in the long path of integration and contribution. The key points and changes necessary to achieve the goal of being part of the European Union that have been realized so far are the following: the Prespa Agreement between North Macedonia and Greece, the Treaty of Friendship, Good Neighborliness, and the Union of Cooperation, between Macedonia North and Bulgaria. This paper analyzes North Macedonia's approach to the European Union, the transition, its difficulties and challenges on this path, and the Constitution's changes. In the end, conclusions and suggestions are given to make North Macedonia's path towards the European Union a little easier.

Нови правни инструменти за цифровизация на съдебното сътрудничество в Европейския съюз и на достъпа до правосъдие по трансгранични гражданскоправни, търговскоправни и наказателноправни въпроси

Author(s): Denitca Valkova / Language(s): English,Bulgarian Issue: 2/2024

The article outlines the most important amendments and additions to the legislative framework of the European Union law on the digitisation of judicial cooperation between Member States and access to justice in cross-border civil, commercial, and criminal matters. The updating of the legislation in this aspect is the result of two legal acts, Regulation 2023/2844 and Directive 2023/2843, adopted on 13 December 2023 by the European Parliament and the Council, which are analysed according to their effect on the subject matter, time, place and legal subjects. Included are the amended acts of European Union law in this area, as well as the domestic legal acts which, in accordance with the new digital challenges, are to be amended or supplemented in the process of transposition of the said Directive, in order to modernise and strengthen judicial cooperation and to ensure a fair trial for the parties in cases with a cross-border element. The progress made by the European Commission on the implementation of the technological measures foreseen in the Regulation is noted.

Slovak Mimicry of Online Content Moderation on Digital Platforms as a Result of the Adoption of the European Digital Services Act

Author(s): Marek Švec,Adam Madleňák,Vladimíra Hladíková,Peter Mészáros / Language(s): English Issue: 2/2024

The global nature of digital platforms, particularly social media, highlights the lack of a unified legal framework to regulate the content which is distributed to users. This issue is not only about the quality of the content but often concerns its problematic nature, which may conflict with the legal systems of various countries, especially the member states of the European Union. Examples include hate speech, terrorist content, discriminatory material, or images depicting child sexual abuse. Digital platforms frequently argue that they are not responsible for the nature of this content, as they merely facilitate its publication and do not create it themselves, thus claiming they should not be held legally accountable. This article examines the research question of how the recently adopted European Digital Services (Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act), 2022) might change the current paradigm using various legal tools. The Act aims to effectively regulate online intermediaries and platforms, including marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation services. Through a critical analysis of the provisions of the Digital Services Act, related legislation, court decisions, and the actual behaviour of digital platforms, the authors reassess the effectiveness of different mechanisms intended for moderating content on these platforms. The primary objective is to determine the shift in the legal boundaries of digital platforms’ responsibility for shared content, particularly regarding newly defined obligations related to user safety and new information requirements for digital platforms, such as reporting to European supervisory authorities. Special attention is given to the increased legal protection of minors using digital platforms, particularly regarding the absolute prohibition of profiling them for online advertising, as stipulated in Article 28 of the Digital Services Act. This provision complements the relevant rules set out in Article 22 of GDPR. The general tightening of conditions for presenting advertisements online is intended to curb the use of personalized advertising, which often relies on the (impermissible) profiling of ad recipients using special categories of personal data, such as racial or ethnic origin, sexual orientation, biometric data, and more. In the article, the authors also discuss potential challenges in the practical implementation of the Digital Services Act in individual member states of the European Union, considering the specifics of national legislation. To illustrate these challenges, the article provides an analysis of the legislative realities in Slovakia as a model example.

Здравно-информационен юридически справочник 01.07.2024-31.07.2024 г.

Author(s): Lilia Monova-Asenova,Veska Gergova / Language(s): Bulgarian Issue: 4/2024

The “objective test” and the downstream market presence requirement in Big Data access cases under the essential facilities doctrine - a critical assessment

Author(s): Rok Dacar / Language(s): English Issue: 1/2024

One possible way to gain access to competitively relevant sets of Big Data is toapply the essential facilities doctrine. However, the European Commission and theEuropean Court of Justice have established several different criteria for applying thedoctrine. Since neither institution has yet applied the doctrine in Big Data accesscases, it is not clear which of the criteria applies in such positions. This paper attemptsto analyze the impact of the “objective test” and the requirement that the controllingcompany be active in the downstream market (which are included in all assessmentcriteria) in Big Data access cases, with the goal of answering the research question,“Do the application of the “objective test” and the requirement that the controllingcompany be active in the downstream market impede the effectiveness of the doctrinein Big Data access cases under EU competition law, and if so, how should they bechanged?” The conclusion is that in Big Data access cases, the “objective test” shouldbe mitigated and replaced by the “subjective test” or the “average company test” andthe requirement that the controlling company be active in the downstream marketshould be discarded altogether in order for the doctrine to be an effective tool foraccessing competitively relevant sets of Big Data.

THE RIGHTS OF MINORITY WOMEN BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS: CRITICAL REVIEW IN LIGHT OF THE PRACTICE OF THE UN HUMAN RIGHTS COMMITTEE AND OTHER INTERNATIONAL HUMAN RIGHTS BODIES

Author(s): Ivana Jelić / Language(s): English Issue: 3/2024

Women from ethnic, national, religious, and cultural minorities face distinct legal challenges in their struggle for gender equality. They are at constant risk of multiple discrimination as minority women, particularly with regard to their identity and religious rights. This is evident in matters of inheritance, wearing religious items in public, and issues related to sexual and domestic violence. International approaches to this problem are fragmented, with the ECtHR, UN HRC, and other international human rights bodies taking different approaches. This article will critically discuss the status of minority women’s rights in the jurisprudence of the ECtHR and will reflect on what the Court could learn from the practices of the UN HRC and other international human rights bodies.

Прилагането на дигитализацията и иновациите като условия за постигане на устойчивост в малки и средни предприятия

Author(s): Manol Manolov / Language(s): Bulgarian Issue: 4/2024

This work overview and analyzes several key conditions and factors influencing the management, sustainability, and competitiveness of SMEs. It explores their connection with the adopted United Nations "Sustainable Development Goals" (SDGs). Digitalization and innovation play a crucial role in achieving these goals by providing new tools for small and medium-sized enterprises to address global and national challenges. In this context, the current study aims to demonstrate that the integration of innovation and digitalization is not only a strategic necessity but also a fundamental tool for achieving sustainable development.

Citizen Participation in and Through AI-Enabled Innovation

Author(s): Raluca ONUFREICIUC / Language(s): English Issue: 1/2024

As we are witnessing one of the most interesting shifts in technology every day we can find cases where algorithms and data have improved people’s lives as well as examples where they have perpetuated bias and abuse. In light of the expanding influence of algorithms within governance structures and the imperative to provide elucidation on the utilization of artificial intelligence (AI) within the public sector, this paper endeavors to scrutinize the potential for reinventing citizen engagement and participation through the integration of AI within online mass participatory platforms.

Europejskie ramy prawne ochrony konsumenta na rynku bankowym – aktualne problemy i wyzwania związane z rozwojem nowych technologii

Author(s): Dariusz Kowalski / Language(s): Polish Issue: 10/2024

Economic development driven by technical progress is causing the role of the financial sector (especially banking) to change dynamically in society. New services are being created rapidly, utilizing the latest technologies based on artificial intelligence (AI) and machine learning.This article analyzes the legal framework that determines the basic mechanisms of consumer protection in financial markets. Due to the dynamic pace of technical progress, the analysis will address individual areas of financial markets separately. Specifically, issues related to payment services, consumer credit, and consumer protection in capital markets will be examined in detail.Ultimately, the article will assess whether the aforementioned regulations optimally shape the rights and obligations of parties within financial markets, and whether they are adequate and responsive to the latest challenges posed by technological advancements, particularly in the field of AI.

Migration Crisis in the European Union: Origins, Consequences... and Directions of Change in Asylum Law

Author(s): Bogusław Balza / Language(s): English Issue: 10/2024

The European Union (EU) has faced a significant migration crisis over the past decade, driven by conflicts, economic disparities, and environmental changes. This paper examines the origins of the migration crisis, its consequences for the EU, and the subsequent changes in asylum law. By analyzing policy responses and their effectiveness, the paper aims to provide insights into the future directions of asylum law in the EU. The migration crisis in the European Union has been one of the most pressing challenges of the 21st century. This crisis, which peaked in 2015, has seen millions of people seeking refuge in Europe due to wars, persecution, and poverty in their home countries. The influx has strained the EU’s asylum systems, exposed weaknesses in its migration policies, and sparked political and social tensions across member states. This paper aims to analyze the origins of this crisis, its multifaceted consequences and the evolving legal framework for asylum within the EU.