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Конституционен съвет (Франция) V. Конституционен съд (България)

Конституционен съвет (Франция) V. Конституционен съд (България)

Author(s): Desislava Goranova / Language(s): Bulgarian Issue: 3/2012

Firstly, constitutional control in France is only a priori, ex-ante control of enforced laws is inadmissible. In Bulgaria, norm control is, as a rule, a follow-up, ie. After the relevant act has been issued and enters into force - that is, constitutional control is a posteriori. Secondly, the Constitutional Council is not competent to resolve disputes between constitutional bodies. In Bulgaria, the Constitutional Court has the power to rule on conflicts of jurisdiction between the National Assembly, the President and the Council of Ministers (constitutional bodies). Thirdly, the Constitutional Council is not competent to resolve disputes between the central and local authorities, unlike the Constitutional Court in Bulgaria.

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Европейското гражданство - ангажимент или привилегия

Европейското гражданство - ангажимент или привилегия

Author(s): Aneliya Burchina / Language(s): Bulgarian Issue: 2/2011

With this speech in 1952 on the occasion of the creation of the first European community, one of the Fathers of Europe, without formulating the idea of settling European citizenship, gave direction to politicians, philosophers and, of course, opponents. European citizenship, as a still new and unfamiliar phenomenon in a European reality, raises a number of questions about the benefits, the purpose and the commitment it brings. Whether the citizenship of the European Union will be understood as freedom and privilege or as an obligation, this can best be understood only by analyzing the steps of its creation, its economic and political logic, passing not only through the questions of or "against", but also "whether" and "how exactly".

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На кого да се обадя, ако искам да говоря с Европа

На кого да се обадя, ако искам да говоря с Европа

Author(s): Raya Mantovska / Language(s): Bulgarian Issue: 2/2011

In the 1970s, former US Secretary of State Henry Kissinger asked a question that decaded European leaders for decades: "Whom to call if I want to talk to Europe." Over the last few years, this question was quoted more often and more often. This issue highlighted the extremely complex system of governance of the European Union (EU) with rotating presidencies and, accordingly, with constantly changing foreign policy representatives. It is believed that the extraordinary European Council has finally found an answer to Mr Kissinger with the adoption of the Treaty of Lisbon and the changes it brings with it. In this essay I will look at the changes introduced by the new contract and whether the current US Secretary of State Hillary Clinton will know whom to call when she wants to talk to Europe."Whom to call if I want to talk to Europe." Over the last few years, this question was quoted more often and more often. This issue highlighted the extremely complex system of governance of the European Union (EU) with rotating presidencies and, accordingly, with constantly changing foreign policy representatives. It is believed that the extraordinary European Council has finally found an answer to Mr Kissinger with the adoption of the Treaty of Lisbon and the changes it brings with it. In this essay I will look at the changes introduced by the new contract and whether the current US Secretary of State Hillary Clinton will know whom to call when she wants to talk to Europe.

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Институции на ЕС. Европейска сметна палата

Институции на ЕС. Европейска сметна палата

Author(s): Martin Panchev / Language(s): Bulgarian Issue: 2/2011

What distinguishes the European Union from traditional international organizations, making it a sui generis formation, is its unique institutional structure. By adopting the founding treaties for the Union, Member States delegate part of their sovereign rights to independent institutions representing both national and general interests. The institutions complement each other and each of them plays a specific role in the decision-making process. One of these institutions is the European Court of Auditors (ECA), the external auditor of the European Union.

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The right of access to the file in the enforsment of EU competition law: Strasburg style v. Luxsembourg style

The right of access to the file in the enforsment of EU competition law: Strasburg style v. Luxsembourg style

Author(s): Nicoleta Popstoeva,Lyudmila Chulkova / Language(s): English Issue: 2/2011

A new era of modernisation and decentralisation was brought on by the Council Regulation 1/20033, which is considered the keystone in the most comprehensive reform of procedures for the enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Despite the attempt for decentralisation, the Commission still has a central role in the enforcement of EU competition law. The concentration of several functions in the hands of the Commission raises serious doubts about the compliance of the enforcement system with the due process guarantees and particularly with Article 6 of the European Convention on Human Rights (ECHR). The question of the fairness and objectivity of the administrative proceedings before the Commission has also attracted public interest. The effectiveness of the protection of the rights of defence, which aim at limiting the Commission’s powers in the field, has been questioned both in the academic literature and in the Union courts.

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Съдебен състав и организация на международния съд на ООН

Съдебен състав и организация на международния съд на ООН

Author(s): Desislava Goranova / Language(s): Bulgarian Issue: 3/2011

The UN International Court of Justice, the successor to the Permanent Court of International Justice (ICPM), is a permanent jurisdiction and the chief judicial authority of the United Nations. The UN International Court of Justice is established by the UN Charter signed on June 26, 1945. In the spirit of historical legacy, the seat of the UN International Court of Justice is located in The Hague, the Netherlands, similar to that of its predecessor, the first judicial body of international law. The official languages of the permanent court are French and English. The UN International Court of Justice is operating in accordance with the Statute (adopted in conjunction with the UN Charter and an integral part of it) and the Rules of Procedure (adopted in 1978 and regulating, in particular, the organization and functioning of the Court). The jurisdiction of the International Court of Justice is referred to in Article 36 of the Charter of the United Nations and, in general, it is the authority of the Court to deal with the case and to give a binding ruling on it. The current work aims to trace how it is formed, what is the ICC's court panel and what is the internal organization of the UN chief judicial body.

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Международно-правен статут на Светия престол и някои свободни градове

Международно-правен статут на Светия престол и някои свободни градове

Author(s): Zornitsa Atanasova Dimitrova / Language(s): Bulgarian Issue: 3/2011

International public law is an offense to the rule of law, "which governs relations between States and other international law subjects" Examples of this are Krakow, Gdansk, and Trieste. Their characteristic features are a single territory, a landlessness, a certain independence, and other features characteristic of sovereign states. Their international rightfulness is self-righteous, as those who have been impressed and existed as such have produced it. International public law is an offense to the rule of law, "which governs relations between States and other international law subjects".

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Организация на обединените нации за образование, наука и култура

Организация на обединените нации за образование, наука и култура

Author(s): Victoria Ivanova / Language(s): Bulgarian Issue: 3/2011

Undoubtedly one of the most interesting and curious international organizations is the United Nations Educational, Scientific and Cultural Organization - UNESCO. It is a specialized UN organization founded on November 16, 1945. UNESCO aims to engage in dialogue between different civilizations, cultures and peoples, based on mutual respect and respect for common values. It will address global issues and issues such as justice, world peace, respect for and respect for human rights and fundamental freedoms, poverty reduction, and communication between peoples of different cultures and values. Ie. UNESCO encourages individual nations to work to build communication in the areas of education, science, culture and information. The motto of the organization is "Peace was created not to be violated but to foster the intellectual and moral solidarity of mankind".

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Международна правна уредба на бежанеца

Международна правна уредба на бежанеца

Author(s): Maya Milusheva / Language(s): Bulgarian Issue: 3/2011

The term refugee today causes two intertwined and mutually reinforcing associations: huge masses of people fleeing disaster - war, genocide, ethnic cleansing ... This picture is true and exaggerated. True, because it's about millions of people - 8.4 million in 2006. Exaggerated if we compare it with the flow of immigrants. He is still 20 times bigger today. Not to mention the XIX - early XX century. Interestingly, the images are similar, not to say identical. The image that synthesizes masses of Europeans who are looking for a new chance in America is a ship crowded with hundreds and thousands of people. The ship then employs this fresh workforce in the construction of railways and new cities, in the conquest of new territories and the prosperity of a new world. The image that the media is even more powerful today is also the same and radically different. It is a ship, crowded with people, and the last hope of a new chance, but nobody wants it. The descendants of migrants from the first ships - both those across the Atlantic and those on the European continent - declare concern about the violated rights of others but are too cautious about their own hospitality.

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Международна наказателна отговорност. Международният наказателен трибунал в Нюрнберг (1945-1946)

Международна наказателна отговорност. Международният наказателен трибунал в Нюрнберг (1945-1946)

Author(s): Sonya Popova / Language(s): Bulgarian Issue: 3/2011

The criticisms that the international military tribunal did not have jurisdiction to apply ex post facto laws and that it had judged only the defeated are in a number of ways justified. The Nuremberg process, apart from its legitimacy, remains in history as a political process that does not guarantee or provide justice, but on the contrary it turns into a cruel and definitely unfair witch hunt that extends not only to the leaders of the Nazi regime but also falls like a huge burden on the whole German people.

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Нетрадиционни субекти на международното право

Нетрадиционни субекти на международното право

Author(s): Ivona Tabakova / Language(s): Bulgarian Issue: 3/2011

At the beginning of the new millennium, the development of inter-state relations reached a high degree of cooperation and coordination in order to better regulate areas of vital importance to humanity, such as environmental protection, international security, human rights protection, space utilization. Universal international norms are adhered to, the observance of which is the basis for the life of modern civilization. Mutual assistance and assistance in the field of political and socio-economic relations, cultural and scientific and technical exchange are an irrevocable principle of international law and an existential condition for the prosperity of humanity.

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Международноправно сътрудничество в борбата с организираната престъпност

Международноправно сътрудничество в борбата с организираната престъпност

Author(s): Elitza Todorova / Language(s): Bulgarian Issue: 3/2010

Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity. Mafia is a term used to describe a number of criminal organizations around the world. The first organization to bear the label was the Sicilian Mafia based in Sicily, known to its members as Cosa Nostra. In the United States, "the Mafia" generally refers to the Italian American Mafia. Other powerful organizations described as mafias include the Russian Mafia, the Irish Mob, the Chinese Triads, the Japanese Yakuza, the Neapolitan Camorra, the Serbian Mafia, the Mexican Mafia and the Bulgarian mafia. It`s on purpose that the worldwide-known journalist Claire Sterling named the transnational organized crime “Octopus”. What is common about all these criminal organizations is that the ones who participate in them, are people, who are badly treated, who bearly have education and a job. This rise in cooperation between criminal organizations has meant that law enforcement agencies are increasingly having to work together. The first step to take fighting transnational organized crime is giving clear and stable definitions of the problem, bearing in mind the national characteristics. United Nations` s puprose is to provide peace and security and it is devoted to it, having its commissions fighting terrorism, passing international laws and preventing human rights. The aspect that is to be discussed from now on is whether these organizations and actions taken are adequate to time and to the level that the transnational crime has reached. Most of these are actions post factum statements, but unfortunately, the prevention is still quite humble. It is neither the United Nations that are responsible, nor the national committees, devoted to fighting crime. It is everyone`s responsibility to understand and teach the others that the step to take is to provide economic prosperity and opportunities to gain education for everyone. Otherwise, we know what happens. Read the lines above. Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity. Mafia is a term used to describe a number of criminal organizations around the world. The first organization to bear the label was the Sicilian Mafia based in Sicily, known to its members as Cosa Nostra. In the United States, "the Mafia" generally refers to the Italian American Mafia. Other powerful organizations described as mafias include the Russian Mafia, the Irish Mob, the Chinese Triads, the Japanese Yakuza, the Neapolitan Camorra, the Serbian Mafia, the Mexican Mafia and the Bulgarian mafia. It`s on purpose that the worldwide-known journalist Claire Sterling named the transnational organized crime “Octopus”. What is common about all these criminal organizations is that the ones who participate in them, are people, who are badly treated, who bearly have education and a job. This rise in cooperation between criminal organizations has meant that law enforcement agencies are increasingly having to work together. The first step to take fighting transnational organized crime is giving clear and stable definitions of the problem, bearing in mind the national characteristics. United Nations` s puprose is to provide peace and security and it is devoted to it, having its commissions fighting terrorism, passing international laws and preventing human rights. The aspect that is to be discussed from now on is whether these organizations and actions taken are adequate to time and to the level that the transnational crime has reached. Most of these are actions post factum statements, but unfortunately, the prevention is still quite humble. It is neither the United Nations that are responsible, nor the national committees, devoted to fighting crime. It is everyone`s responsibility to understand and teach the others that the step to take is to provide economic prosperity and opportunities to gain education for everyone. Otherwise, we know what happens.

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За тълкуването и социалните аспекти на прилагането на чл. 61, ал. 2 от Кодекса на труда

За тълкуването и социалните аспекти на прилагането на чл. 61, ал. 2 от Кодекса на труда

Author(s): Ivailo Staikov / Language(s): Bulgarian Issue: 3/2010

The article reveals the opinion of the author with regard to an interpretative case, pending before the Supreme court of cassation of the Republic of Bulgaria. The author puts forward arguments in favour of the opinion, that in the case of an action for annulment of dismissal filed by an employee or worker whose employment contract has been concluded under the provisions of Article 61, paragraph 2 of the Labour code, the employer, that is “the undertaking of the post at issue”, along with its superior body act as defendant as necessary obligatory litisconsorts (codefendants). The article reveals the opinion of the author with regard to an interpretative case, pending before the Supreme court of cassation of the Republic of Bulgaria. The author puts forward arguments in favour of the opinion, that in the case of an action for annulment of dismissal filed by an employee or worker whose employment contract has been concluded under the provisions of Article 61, paragraph 2 of the Labour code, the employer, that is “the undertaking of the post at issue”, along with its superior body act as defendant as necessary obligatory litisconsorts (codefendants).

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Транспорт и транспортна безопасност (Продължение от бр. 2/2010 година на списаниението)

Транспорт и транспортна безопасност (Продължение от бр. 2/2010 година на списаниението)

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian Issue: 3/2010

In recent years the topic of transport and its legal protection of offenses leading to serious consequences in the form of injuries or death, gained higher importance. Various ways and means are looked for in order to counter transport accidents and lower the casualties, both in European and national plan. Modern research of these questions requires to clarify the nature of transport as a form of human and social activitiy through a historical overview of the stages of its development. Thus, the historical method of research facilitates the thorough study of transport safety by way of analysis of its characteristics in the different periods of human existence. In recent years the topic of transport and its legal protection of offenses leading to serious consequences in the form of injuries or death, gained higher importance. Various ways and means are looked for in order to counter transport accidents and lower the casualties, both in European and national plan. Modern research of these questions requires clarifying the nature of transport as a form of human and social activity through a historical overview of the stages of its development. Thus, the historical method of research facilitates the thorough study of transport safety by way of analysis of its characteristics in the different periods of human existence.In recent years the topic of transport and its legal protection of offenses leading to serious consequences in the form of injuries or death, gained higher importance. Various ways and means are looked for in order to counter transport accidents and lower the casualties, both in European and national plan. Modern research of these questions requires clarifying the nature of transport as a form of human and social activity through a historical overview of the stages of its development. Thus, the historical method of research facilitates the thorough study of transport safety by way of analysis of its characteristics in the different periods of human existence.

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Развитие на законодателството на Еврпейския съюз и областта на защитата на свидетелите и сътрудниците на правосъдието

Развитие на законодателството на Еврпейския съюз и областта на защитата на свидетелите и сътрудниците на правосъдието

Author(s): Elena Nedyalkova / Language(s): Bulgarian Issue: 1/2009

The legal process of witness protection is related to the provision of specific procedural and non-procedural safeguards designed to effectively ensure their safety, including in some cases their relatives, before, during and after testimony. Law enforcement officers may also be provided with the safeguards that are available to witnesses. By means of these measures, the respective state fulfills its obligation to protect citizens cooperating with justice from criminal offenses that prevent witness testimony.

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Наказателна отговорност, наказания и мерки, прилагани по отношение на малолетни и непълнолетни  в българското и европейското законодателство

Наказателна отговорност, наказания и мерки, прилагани по отношение на малолетни и непълнолетни в българското и европейското законодателство

Author(s): Maria Krumova / Language(s): Bulgarian Issue: 1/2009

Crime leaves scars on the lives of entire communities, it undermines our sense of security and unity of society. Recently, when mentioning child criminality in Bulgaria, there is talk of child abuse over children, with examples of this being many and distinguished by the cruelty of doing it. Today in all countries it is considered that the fight against crimes and other offenses should be dealt with in a differentiated way, taking into account, above all, the age characteristics of offenders.

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Наказанието и неговите видове - съпоставка между българския и гръцкия наказателен кодекс

Наказанието и неговите видове - съпоставка между българския и гръцкия наказателен кодекс

Author(s): Vania Manolska / Language(s): Bulgarian Issue: 1/2009

One of the basic concepts of criminal law is "punishment". Its importance for the legal system is so important that it derives from the name of this legal branch - criminal law. This is not the case in Bulgarian law alone. The term "criminal law" also derives from this concept in Greek law. Criminal law emerges at a later stage in the development of society, namely when the state has already emerged as a complex system of government.

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Тероризъм - европейско сътрудничество и органи за борба с него

Тероризъм - европейско сътрудничество и органи за борба с него

Author(s): Mihail Iliev / Language(s): Bulgarian Issue: 1/2009

The term "terrorism" is derived from the word "terror", "terrorist act", which is a word of Latin origin and means fear, horror. In the 1956 political dictionary, terror is the most acute form of struggle against a violent political opponent, including the physical destruction of the class adversary and the organization of political killings. Although it does not have a legal definition of the concept, it can be defined as a socially dangerous act in which force or threat is used to achieve certain political purposes.

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Сътрудничество по наказателноправни въпроси. Полицейско сътрудничество в рамките на Европейския съюз

Сътрудничество по наказателноправни въпроси. Полицейско сътрудничество в рамките на Европейския съюз

Author(s): Kleonika Arabadjieva / Language(s): Bulgarian Issue: 1/2009

In order to combat effectively the various terrorist groups and organized crime, the Member States of the European Union must cooperate and synchronize their legal systems. There are several approaches that help Member States together to quickly and efficiently deal with organized crime. The European Union has set some priorities for its fight against crime. For the first time, coordinating institutions such as Europol and Eurojust have been established. There are also special training places for staff - European Police College. It is also important to involve the Union in cooperation on the fight against organized crime through special units such as the European Rapid Reaction Force.

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Нови моменти в гражданската отговорност за масови транспортни злополуки с пътници

Нови моменти в гражданската отговорност за масови транспортни злополуки с пътници

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 1/2019

The article presents an overview of contractual and non-contractual liability for busses, railways, aeroplanes, and marine means of transport’s accidents arising during their exploitation. The national legal rules make a distinction between contractual and tort liability and between contractual liability for transported persons and property and non-contractual liability to other persons. The article highlights the fault-based liability which applies at the Bulgarian national level. The author offers the application of the liability in solidum between the transporter and the person, who handles the trace infrastructure.

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