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Noszenie chusty islamskiej w miejscu pracy a prawa i wolności innych podmiotów prawa. Rozważania na kanwie wyroków Trybunału Sprawiedliwości Unii Europejskiej z dnia 14 marca 2017 r. w sprawach: Samira Achbita przeciwko G4S Secure Solutions (C-157/15

Noszenie chusty islamskiej w miejscu pracy a prawa i wolności innych podmiotów prawa. Rozważania na kanwie wyroków Trybunału Sprawiedliwości Unii Europejskiej z dnia 14 marca 2017 r. w sprawach: Samira Achbita przeciwko G4S Secure Solutions (C-157/15

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

The aim of this article is to present an analysis of the EU Court of Justice’s rulings of March 17th 2017, in the Samira Achbita vs. G4S Secure Solutions case (C–157/15) and the Asma Bougnaoui vs. Micropole case (C–188/15), in the context of the exercise of the freedom of thought, conscience and religion in situations involving contact with other entities. The problem of wearing a headscarf is presented with reference to the client’s freedom of belief and the company’s policy of religious and ideological neutrality. The article provides a critical view of the ruling due to the court’s failing to take into account the specific character of the freedom to express one’s religious beliefs. Special attention was paid to the question of religion, as one of grounds of discrimination being prohibited by Directive 2000/78/EC, as well as to the expression of religious, ideological or philosophical beliefs, and the problem of proselytism in the workplace.

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Ispunjenje kriterijuma Republike Srbije za pristup Evropskoj uniji

Ispunjenje kriterijuma Republike Srbije za pristup Evropskoj uniji

Author(s): Ana Stevanović / Language(s): Bosnian,Croatian,Serbian Issue: 31/2018

The paper deals with Serbia’s fulfilling of criteria needed for EU accession. Accession to the EU is defined as a long-term strategic goal, whose achievement will enable Serbia to participate in the development of European and world economy, politics, and culture. At the present moment, Serbia is late in fulfilling its obligations from the negotiations within the accession process. The purpose of this paper is to enable a better understanding of the accession negotiations requirements. In ten detailed chapters, requirements and their effect on Serbia have been defined in detail. Finally, amendments the Constitution of Serbia will have to endure in order for Serbia to become a member state of the EU are included in the perspective.

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Európai polgári kezdeményezések a nemzeti kisebbségek védelmében

Európai polgári kezdeményezések a nemzeti kisebbségek védelmében

Author(s): Péter Varga,Balázs Tárnok / Language(s): Hungarian Issue: 3/2017

The European Citizens’ Initiative, which has been in operation since April 2012, is a new instrument of the European participatory democracy, inspired by the constitutional development of member states and incorporated into EU Law by the Lisbon Treaty. Citizens’ committees established by members of national minority organisations have attempted to make use of the opportunities provided by this new instrument. This paper analyses the two initiatives that national minorities launched so far and their legal fates, with special emphasis on the impact they had on the evolution of the ECJ’s case law.

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Szerbia akcióterve a nemzeti kisebbségek jogainak megvalósítására

Szerbia akcióterve a nemzeti kisebbségek jogainak megvalósítására

Author(s): Mihály Nyilas,Zsuzsanna Mackó / Language(s): Hungarian Issue: 3/2017

This paper provides a presentation and analysis of the Action Plan for the Realisation of the Rights of National Minorities adopted by the government of Serbia on May 3, 2016. The analysed topics include: reasons that led Serbia to elaborate and adopt an action plan for the protection of minority rights; the drafting process; topics, objectives and activities with special relevance for the Hungarian community; an evaluation of the plan’s content and the process of its implementation; other considerations and activities envisaged under the plan.

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ЗНАЧЕНИЕТО НА РИМСКОТО ПРАВО ЗА  ЮРИДИЧЕСКОТО ОБРАЗОВАНИЕ ВСТЪПИТЕЛНА ЛЕКЦИЯ

ЗНАЧЕНИЕТО НА РИМСКОТО ПРАВО ЗА ЮРИДИЧЕСКОТО ОБРАЗОВАНИЕ ВСТЪПИТЕЛНА ЛЕКЦИЯ

Author(s): Trayanov Trayan / Language(s): Bulgarian Issue: 2/2016

The article is devoted to the place of the university in modern education and the role of Roman law in law education. The author emphasizes the absence of a textbook that presents the subject thoroughly and thoroughly. Among the main issues that the article highlights are the materialistic spirit of time and the lack of awareness on the part of lawyers about the importance of historical disciplines, among which the most important is Roman law.

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UNDERSTANDING AND COMBATING JUDICIAL CORRUPTION

UNDERSTANDING AND COMBATING JUDICIAL CORRUPTION

Author(s): Aneta Arnaudovska / Language(s): English Issue: 1/2018

The research item of the paper is the term "judicial corruption". This particular term was ignored in the majority of countries of the Council of Europe. Judicial corruption as a term was first mentioned in the PACE documents- Resolution 1703 (2010) on judicial corruption. The author is trying to give answer to the question- Could there be a balance between establishing the responsibility of the judge and the independence guarantees? The term judicial corruption should not be manipulated with, i.e. the criminal cases of corruption where the judges and prosecutors are involved should be proved and led in line with all ECHR Article 6 fair trial requirements, and in compliance with the principle for presumption of innocence.

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A kisebbségek védelme az olasz–horvát és az olasz–szlovén kétoldalú kapcsolatokban

A kisebbségek védelme az olasz–horvát és az olasz–szlovén kétoldalú kapcsolatokban

Author(s): Balázs Vizi / Language(s): Hungarian Issue: 4/2017

Following the collapse of Yugoslavia, the situation of Italian minorities living in successor states raised great concerns in Italy. This article offers an overview of the evolution of bilateral minority protection instruments between Italy and Croatia, Slovenia respectively. New treaties and initiatives emerged in the 1990s in this regard strongly build on the post- WWII international legal arrangements concerning the situation of minorities. The analysis of the relevant treaty provisions in a broader political and historical context leads to the conclusion that from the 1990s bilateral minority protection agreements rather reflect a political commitment than a set of strict normative obligations.

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ULTRO TRIBUTА LOCARE - CENSORS`CONTRACTS WITH SOCIETATES PUBLICANORUM DURING ROMAN REPUBLIC

ULTRO TRIBUTА LOCARE - CENSORS`CONTRACTS WITH SOCIETATES PUBLICANORUM DURING ROMAN REPUBLIC

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2017

During the Roman Republic, Roman magistrates acted as censors, who entered into contractual activity with private entities of the societates publicanorum, which ultimately produced credits for the civitas Romana. The consequence was that the payments which supplied the cash flows of the government were determined through the activity of the censors as Roman magistrates. The strategy of the Roman fiscal policy may be synthesized by the fragment of Liv.39.44.7: "… et vectigaliasummispretiis, ultrotributainfimislocaverunt". Based on this fact, we may conclude that these ultro tributa were the subject matter of a contract, where the locator was the Roman State through its censors and the conductor were the societates publicanorum, which exercised their duties towards the SPQR. The aim of this article is to outline the significance of the societates publicanorum in the period of the Roman Republic as a remedy for the decentralization of public finances. Also, the Roman Republic practices of public building and services accomplished on contractual basis by private subjects with the money of the State are widely accepted nowadays within the modern institute of public-private partnership.

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Wybrane zagadnienia dotyczące pozycji prawnej duchownego w orzecznictwie Europejskiego Trybunału Praw Człowieka

Wybrane zagadnienia dotyczące pozycji prawnej duchownego w orzecznictwie Europejskiego Trybunału Praw Człowieka

Author(s): Michał Hucał / Language(s): Polish Issue: 21/2018

The research goal is to reconstruct selected aspects of the legal position of the religious minister on the basis of the case law of the European Court of Human Rights. The analysis includes 33 judgments and decisions on the admissibility of complaints made by the bodies of the European Convention on Human Rights in 1976-2017. Based on them, it can be concluded that the ECtHR case law in this area is grounded in many years of practice.The religious minister as such has no guarantees other than those of any other person professing religious beliefs, but he benefits from the indirect strengthening of this protection by virtue of the guarantees of corporate freedom of conscience and religion. It is the autonomy of a religious organization that differentiates his position in both positive and negative respects. The autonomy of a religious organization is, in the light of ECtHR jurisprudence, an important component of pluralism in democratic societies, and it also includes determining the requirements for the religious minister. For this reason, the religious minister obtains strong protection against the interference of state power in matters relating to his appointment and removal from the office. The cost of obtaining this protection is a significant limitation of his personal freedom of conscience and religion, and indirectly also other rights while in the office of a priest, in relation to a religious organization. However, it should be remembered that the assessment of matters related to the performance of the office of a priest depends on the formal relations between a religious organization and the state. In the case of state churches, it is possible, for example, to submit certain church matters to state jurisprudence, and a religious organization can perform its self-limitation by shaping relations with the religious minister on the basis of a regular employment contract. As a rule, however, the ECtHR clearly indicated that matters concerning the religious minister lie outside the jurisdiction of the state and its organs. Nevertheless, the controversy surrounding the ruling in Károly Nagy v. Hungary indicates that the religious minister’s status may undergo some changes in the future.

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Performance Budgeting Model in the Environmental Perspective: Tackling Waste Pollution

Performance Budgeting Model in the Environmental Perspective: Tackling Waste Pollution

Author(s): Žiga Kotnik,Maja Klun,Damjan Škulj / Language(s): English Issue: 29/2017

Performance budgeting is the latest trend in attempts to improve government performance. In this article we investigate the interaction between environmental taxes; environmental expenditures and environmental impacts in the field of waste management. Performance budgeting is realized only once all three groups have been taken into consideration. We confirm direct and indirect effects of environmental taxes on the reduction of waste pollution. Further, we test the earmarking of environmental taxes through the effect of environmental indicators on environmental taxes and note that the rate is high.

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HUMANITARIAN AID POLICIES WITHIN THE EUROPEAN UNION EXTERNAL ACTION

HUMANITARIAN AID POLICIES WITHIN THE EUROPEAN UNION EXTERNAL ACTION

Author(s): Goran Bandov,Gabrijela Gošović / Language(s): English Issue: 2/2018

The aim of this paper is to analyse the independence, neutrality and impartiality of the EU humanitarian assistance and to which extent is influenced by the EU's political, economic and military goals. The paper focuses on the legislative framework and the interactions between the main actors of EU humanitarian aid and external action, questioning the politicization of EU humanitarian aid. The paper provides a detailed analysis of the structure and organization of the Directorate General for European Civil Protection and Humanitarian Aid Operations and its relations to the Member States, different EU bodies and humanitarian partners, primarily NGOs and UN bodies. The last part of the paper addresses the Comprehensive Approach and how it affects humanitarian aid.

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Преюдициални запитвания до Съда на Европейския съюз в данъчното право

Преюдициални запитвания до Съда на Европейския съюз в данъчното право

Author(s): Ganeta Minkova / Language(s): Bulgarian Issue: 4/2018

The article Reference for a Preliminary Ruling to the Court of Justice of the European Union in Tax Law discusses issues related to a judgment of the Court of Justice of the European Union given in connection of a request of Supreme Administrative Court of the Republic of Bulgaria concerning the interpretation of the principle of freedom to provide services within the Union under Art. 56 of the Treaty of Functioning of the European Union and its manifestation in the national tax law of the Republic of Bulgaria. A critical analysis is put toward the ancillary nature of an interest, which is penal rather than compensatory.

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Финансов контрол, осъществяван от органите на Националната здравноосигурителна каса по Закона за здравното осигуряване

Финансов контрол, осъществяван от органите на Националната здравноосигурителна каса по Закона за здравното осигуряване

Author(s): Nina Chilova / Language(s): Bulgarian Issue: 4/2018

The control exercised by the bodies of the Health Insurance Fund is a part of the public finance system. It is a typical financial control which is specialised control over public funds and public assets. The health insurance control is the ex-ante, ex-post and unexpected type of control.

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Въпроси на административнонаказателната отговорност за нарушения в областта на обществените поръчки

Въпроси на административнонаказателната отговорност за нарушения в областта на обществените поръчки

Author(s): Ilonka Goranova / Language(s): Bulgarian Issue: 4/2018

The article 'Aspects of Administrative-penal liability for Public Procurement Infringement' deals with issues related to the persons subject to administrative penalty arising from their liability for administrative offences committed in the field of public procurement in the Republic of Bulgaria, as well as with the approach to determining the elements of these offences and the amount of the sanctions envisaged for them. Special attention is also given to the question of the legal nature and duration of the respective term within which the relevant competent authorities could exercise their powers to initiate administrative-penal proceedings, to impose administrative penalties, respectively to enforce the already imposed administrative penalties.

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Законодателни мерки в Европейския съюз за борба срещу тероризма

Законодателни мерки в Европейския съюз за борба срещу тероризма

Author(s): Emil Radev / Language(s): Bulgarian Issue: 1/2018

On 21 May 2018 in the Aula of New Bulgarian University in the presence of students and professors of the Law Department a public lecture dedicated to the issue of the legislative measures in the European Union counter terrorism was presented. The lecturer was Emil Radev, PhD, who is currently Member of the European Parliament1. Prof. Ekaterina Mihaylova, chair of the Law Department of New Bulgarian University opened the event and presented the lecturer. We received the permission of the lecturer to publish the text of the public lecture in this issue of the Law Journal of New Bulgarian University.

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Правни аспекти на задължението за публикуване на счетоводните отчети на европейското дружество

Правни аспекти на задължението за публикуване на счетоводните отчети на европейското дружество

Author(s): Aleksandar Andreev / Language(s): Bulgarian Issue: 3/2013

The present article aims to outline the legal aspects in relation to approving, checking and publishing the European Company annual financial and consolidated statements, and their relevance to the national legislature of the Member State according to the company’s registered office. In addition, some of the main aspects in relation to the European Company taxation treatment have been reviewed. The article thoroughly examines matters related to the European Company financial statements constitution and publication procedures, in accordance with the decrees of Part IV of Regulation 2157/2001, Regulation 1606/2002 and the corresponding Directives, in order to harmonize the Member States’ rights about the annual financial and consolidated financial statements of the companies. Special attention is also given to matters referring to constitution and publication of the financial statements of EC with registered offices on the territory of the state, and the ensuing obligations in accordance with the Accountancy Act

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Автотранспортни престъпления по швейцарското наказателно право

Автотранспортни престъпления по швейцарското наказателно право

Author(s): Bogdan Bogdanov / Language(s): Bulgarian Issue: 1/2013

This article aims at presenting the legislative decisions in the Confederation of Switzerland by means of comparative analysis of the Bulgarian legislation with simultaneous presentation of the Swiss case-law and legal doctrine. Some suggestions de lege ferenda are made as well. The analysis is made with regard to the applicable legal acts of both countries under consideration which are in force as of 1 January 2013.

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Turkey’s New Direction for Free Movement of Persons: Challenges in Turkey

Turkey’s New Direction for Free Movement of Persons: Challenges in Turkey

Author(s): Tugba Aydin / Language(s): English Issue: 1/2014

Migration is a salient phenomenon in the European Union, including non-European and intra-European migration. European citizenship contributed to this process a lot under the praxis of free movement of persons. Also, the right to vote and to stand in municipal and European Parliament elections has opened a new path for political transformation of citizens’ and European migrants’ rights. Turkey, as a candidate for EU membership, has a different political and legal structure for migrants. Even if there are settled foreigners coming from EU member countries, yet there is no institutional (municipal, regional or central level) and constitutional development for them. Also, the right to vote is exercised only by Turkish citizens. In the case of EU membership, there will be a considerable debate on citizenship and migrants’ rights, including institutional arrangements. So, this paper aims to analyse current preparations of Turkey for the free movement of persons. Thus, the detailed concept of the migration flow into Turkey will be defined and differences will be compared with European member countries. Then, Turkey’s current migration and citizenship policy, as well as its administrative practices at institutional level will be discussed.

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Context, strategies and negotiation methods in the European Union Enlargement to Central and
Eastern Europe

Context, strategies and negotiation methods in the European Union Enlargement to Central and Eastern Europe

Author(s): Mihai Alexandrescu / Language(s): English Issue: 1/2013

After almost a decade since the enlargement of the European Union to Central and Eastern Europe, history can be read with the clarity that time offers. The context, strategies and negotiation methods of 1997-2004 can be analysed more carefully now, because the consequences of those negotiations are felt even today. Covering under the mask of enlargement, we notice the fear of the westerners towards the new Member States which brought in a different history and risked disturbing a system that has been painfully set up since the 1950s. But at the same time, we notice the desire for moral revenge of the candidate countries towards the old EU members. In this study, I analyse the merit of Günter Verheugen, the technocrat who found the right language and strategy to reconcile these two perspectives and who adapted to the present interests of the two parties.

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Основни белези на европейското дружество

Основни белези на европейското дружество

Author(s): Aleksandar Andreev / Language(s): Bulgarian Issue: 1/2010

Designed by the European legislator as a model for the restructuring of European businesses operating in the common European market, the ED represents an adequate tool for the benefit of enterprises in a united Europe for the purpose of transnational mergers and unions of companies from different Member States, to facilitate the management of enterprises subject to different national legislations and to promote the competitiveness of enterprises on the international market .

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