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Условия и ред за работа на граждани на трети държави в България

Author(s): Rayna Koycheva / Language(s): Bulgarian Issue: 1/2019

The Labour Migration and Labour Mobility Act contain a number of restrictive measures regarding the access of third-country citizens(outside the EU) to the Bulgarian labour market, which aim to protect both our domestic labour market from the unregulated influx of cheap labour and the one in the other EU Member States. At the same time, the employment of third-country citizens may in some cases be useful and necessary, such as in the case of highly qualified or seasonal workers. That is why the legislator has regulated the matter flexibly and in detail. This article analyzes the conditions and procedures for permitting access of third-country citizens to the Bulgarian labour market.

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Престъпления, свързани с употреба на наркотични вещества или техни аналози

Author(s): Angela Nikolova / Language(s): Bulgarian Issue: 2/2008

In the second half of the past and the beginning of the 21st century, ILLEGAL DRUG TRAFFICKING IS ONE OF THE MOST DANGEROUS INTERNATIONAL CRIMES 249. It damages or threatens the health and well-being of certain categories and population groups in different countries. In recent decades, the strong trends and widespread scale of the illicit manufacture, distribution and trafficking of narcotic drugs and psychotropic substances has created a disruption and has had a devastating impact on economic, socio-political and cultural relations in every society and in international communication between states and peoples.

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THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN RESOLVING CASES CONCERNING SEPARATIST REGIMES IN THE REPUBLIC OF MOLDOVA AND GEORGIA

Author(s): Kurtskhalia Alexander / Language(s): English Issue: 1/2020

By exercising its contentious and advisory powers, the Strasbourg Court has an important role to play in identifying and filling gaps in public international law. As the European Convention only proposes a list of fundamental human rights and freedoms, without defining them, the essential role in their interpretation and application rests with the European Court of Human Rights.The application of the Convention in cases concerning human rights violations within the territory with separatist regimes raises the question of the Convention's opposition to these regimes and of their liability under the Convention. As a general rule, separatist regimes are not parties to international treaties on human rights, which would provide for certain obligations for them. However, there are situations in which the rules of international law entail obligations imposed on non-state formations.

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THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN RESOLVING CASES CONCERNING SEPARATIST REGIMES IN THE REPUBLIC OF MOLDOVA AND GEORGIA

Author(s): Alexander KURTSKHALIA / Language(s): English Issue: 1/2019

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European Union integration shaped by the Court of Justice

Author(s): Mihai Alexandrescu / Language(s): English Issue: 2/2019

Hardly, a researcher of the European integration process is able to comprehend the whole mechanism of the European Union decision-making. There are many actors involved in this construction and they play such a different role that often it is impossible to match their interests. In a dialectical approach of agent-structure logic the last question is Who shapes the European Union? In the last two decades, the Court of Justice enjoys increasing attention from researchers of the EU integration. Two Professors of Law at American University proposed a new approach of the CJEU impact on the EU integration process.

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POLITIKA SANKCIONISANJA POČINITELJA ORGANIZOVANOG KRIMINALITETA U I VAN ZLOČINAČKOG KOLEKTIVITETA U PRAKSI SUDA BOSNE I HERCEGOVINE ZA PERIOD 2009 - 2015. GODINE

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POLITIKA SANKCIONISANJA POČINITELJA ORGANIZOVANOG KRIMINALITETA U I VAN ZLOČINAČKOG KOLEKTIVITETA U PRAKSI SUDA BOSNE I HERCEGOVINE ZA PERIOD 2009 - 2015. GODINE

Author(s): Azra Jamaković / Language(s): Bosnian Issue: 2/2019

Organized crime sanctioning and sanctioning crime committed out of criminal collectivity is a main inspiration for this paperwork. Additionally inspiration came from efforts of the Bosnia and Herzegovina Criminal Court sanctioning policy understanding and describe the current state. On the main question of the paper is to describe current state in organized crime sanctioning. Another aim is to provide value judgment in main question of paperwork which is: how much differences in two analyzed groups influence in sanctioning of perpetrators. This paperwork contains document analysis as a basic data collection method and the main source are Department II BiH Criminal court judgments. The only limiting factor is data incompatibility in all judgments. The paper describes the sanctioning of organized crime perpetrators and perpetrators sanctioned because of crimes out of criminal collectivity, and points out that the sanctioning policy matches to the Criminal Law norms and that sanctioning differences exists. Sanctioning organized crime perpetrators is adequate, but deeper mitigating circumstance research appreciated by Court should be analyzed additionally.The paper detects and describes sanctioning trend that wasn't the case in many previous similar research projects. Also, besides Criminal Court sanctioning policy and Criminal Law norms.

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Конверсия на официален документ

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 8/2018

The focus of the following article is put upon several issues that need to be addressed concerning the conversion of a licit public document into a private one in accordance with the provision of Art. 188 of the Bulgarian Code of Civil Procedure. The adopted approach is that the conversion of a public document (i.e. formal conversion) consistsof binding the probative force of a private document to a public document, issued by a non-competent authority or lacking the necessary form. However, this effect can only be observed whenever the private document contains the signature of the parties to the transaction. Moreover, the necessary elements of the formal conversion are put to a scrutinous critical examination. Several issues concerning the formal conversion’s field ofapplication have been addressed as well.

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Правилниците на Великите народни събрания при действието на Tърновската конституция – българският парламентаризъм

Author(s): Ekaterina Mihaylova / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the parliamentary rules of procedure of the Grand National Assemblies, which were established under the force of the Constitution of Tarnovo with the exception of the VI Grand National Assembly. Under analysis are the rules, which provide for parliamentary autonomy, the publicity of the session, regulate the rights of the majority and minority in the Assembly as well as the balance between their rights and interests. Under review and description are also the basic parliamentary debates with regard to the adoption of the parliamentary rules of procedure.

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Механизми за наблюдение на изпълнението по универсални международни договори в областта на правата на човека

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 8/2018

In the present study under consideration are the various universal human rights treaties andin particular those of them that establish different treaty-based implementation monitoringmechanisms. This article presents only briefly the various human right instruments and their respective treaty-based mechanisms and procedures. In-depth analysis of the relevant universal human right treaties and their monitoring mechanisms is made by the same author in a separatecomprehensive study.

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Transitions Online_Around the Bloc - 3 April

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Transitions Online_Around the Bloc - 3 April

Author(s): Ioana Caloianu / Language(s): English Issue: 04/06/2020

TOL’s regional roundup: EU party leaders pick on Hungary; refugees in Central Europe; coronavirus in Serbia; and a Czech non-festival.

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‘FIXING’ THE SOCIAL CONTRACT: A BLUEPRINT FOR INDIVIDUAL TAX REFORM

Author(s): Giorgio Beretta / Language(s): English Issue: 4/2019

In the face of population ageing and demographic decline, nowadays all countries compete for an increasingly valuable asset: human capital. Indeed, the drain of human capital from one country to another concerns not only highly-skilled individuals seeking job opportunities abroad, but also pensioners relocating to sunnier and more tax-friendly jurisdictions. Absent global action, the risk of uncoordinated and unilateral measures taken by countries to increase and protect their own tax base, with adverse effects both from the inter-nation and the intra-nation equity perspective, is very concrete. So far, however, neither the OECD nor the European Union have developed specific policies or measures in the domain of individual taxation. Arguing that scope of reform exists also in this field, the article explores various policies and measures as a blueprint for individual taxation reform, with the double aim to curb tax competition among countries and fix the crumbling social contract.

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USING TAX POLICY TO ADDRESS BRAIN DRAIN AND DEPOPULATION: THE CASE OF CROATIA

Author(s): Stjepan Gadžo / Language(s): English Issue: 4/2019

As the end of the Twenty-Tens approaches, there is a growing public consensus in Croatia that the key challenge facing the country is of demographic nature. Put simply, the accession to the European Union (EU) in July 2013 only exacerbated the negative trends regarding the emigration of mostly young and high-skilled workers to other, more developed countries. However, policymakers have hitherto failed to offer a comprehensive set of countermeasures, with tax policy being no exception. Accordingly, it is the aim of this paper to explore possible tax measures the Croatian legislator may employ in tackling the brain drain phenomenon, with special emphasis on highly skilled workers. More specifically, starting from the assumption that policymakers want to assume a more proactive role in addressing brain drain, the main contribution of the paper is in drawing the contours of a coherent tax-related response to this issue.

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ANALIZA SOCIJALNOG PODUZETNIŠTVA U HRVATSKOJ S KOMPARATIVNIM OSVRTOM NA REGULATORNI OKVIR

Author(s): Ružica Šimić Banović,Ina Vojvodić / Language(s): Croatian Issue: 2/2019

The article presents the results of the comparative analysis of the regulatory frameworks of social entrepreneurship in selected EU countries. It seeks to provide insights into the issue that would be of value for Croatia. Additional contribution of the research is the SWOT analysis of social entrepreneurship in Croatia based on the information obtained in the semi-structured interviews with key entrepreneurs and experts in the field. The purpose of the article is two- fold: firstly, to reaffirm social entrepreneurship and its potential, and secondly, to enhance the understanding and contribute to the discussion on the attempts to improve social entrepreneurship in Croatia.

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CONSUMER PROTECTION AND NEW CONTRACT LAW IN THE EUROPEAN UNION AND IN ITALY

Author(s): Tiziana Rumi,Angelo Viglianisi Ferraro / Language(s): English Issue: 1/2020

This paper deals with the recent normative modifications introduced in the European Union by the Directive 2011/83/EU (aimed to realise a full harmonisation of member states’ rules in some aspects of consumer and contractual law), and consequently in Italy, through the Legislative Decree No. 21/2014 (which transposed the supranational source). As it is known, the principal legal instruments used in the last years by the EU to protect the weak parties are the ‘information duties’ and the ‘right of withdrawal’. The new rules try to strengthen them, but the implementation of the European Directive in Italy gives rise to many arguable points and perplexities.

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Regimul juridic al răspunderii pentru încălcarea normelor deontologice în activitatea de elaborare a tezelor de doctorat – între etica academică și provocările logicii

Author(s): Ionela Cuciureanu,Dragoș - Adrian Bantaș / Language(s): Romanian Issue: 14/2020

Undoubtedly, scientific research is one of the foundations of the intellectual development of a society. In its absence, human societies are rapidly losing touch with the latest developments in the field, entering a state of backwardness which, in the age of the information society, can only be a potentially fatal source of vulnerabilities. Given its importance, scientific research must be carried out in a framework characterized by strict compliance with ethical standards. On the other hand, however, these rules must be designed in such a way that they do not stand in the way of scientific development, do not become an obstacle to the honest researcher or offer detractors that any scientist will almost inevitably encounter arguments not from lack of honesty, but from the imperfect wording of the law. For this reason, in our approach we will try to highlight the main elements of the normative framework that regulates the responsibility for violating the ethical norms in the elaboration of doctoral theses, but also its possible imperfections, formulating, at the same time, a series of proposals for improvement.

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PROTECTION FROM GENDER-BASED VIOLENCE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

Author(s): Jelena Ristik / Language(s): English Issue: 2/2020

Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in the European Convention on Human Rights that are relevant to gender-based violence. This paper provides a review of the approach of the European Court of Human Rights in cases concerning gender-based violence. Namely, it is evident that a remarkable spate of cases dealing with gender-based violence is considered by the European Court of Human Rights, which provides very solid protection in this field. However, it seems that certain aspects of the case-law on gender-based violence are somewhat inconsistent. In this sense, having in mind that the judgments of the European Court of Human Rights are the main guidelines for the States in fulfilling their obligations arising from the Convention, it is very important for the Court to fully clarify its approach in this regard.

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Anna Magdalena Kosińska, Prawa kulturalne obywateli państw trzecich w prawie Unii Europejskiej

Author(s): Izabela Leraczyk / Language(s): Polish Issue: 1/2019

The review of: Anna Magdalena Kosińska, Prawa kulturalne obywateli państw trzecich w prawie Unii Europejskiej; Wydawnictwo Katolickiego Uniwersytetu Lubelskiego Jana Pawła II, Lublin 2018; ISBN 978-83-8061-515-1

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News from the East: Perceptions of the Free Movement of Persons in the Polish Popular Press

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News from the East: Perceptions of the Free Movement of Persons in the Polish Popular Press

Author(s): Andrew Anzur Clement / Language(s): English Issue: 04/2017

The free movement of persons in the EU has been thought of as reflecting an ideal of supranational solidarity within the single market. However, over the past decade, it has become a source of political contention among European peoples. Much attention has been paid to Western European, anti-EU sentiment regarding Central Eastern European migration. Yet euroskeptic populism has recently risen within the eastern EU as well. Despite this phenomenon, less attention has been given to discursive views of the free movement of persons in the eastern expansion countries. This contribution takes issue with transactionalist and utilitarian approaches to identity formation. It argues that resilient national identity shapes the perception of national interests regarding the market-based citizenship promoted by the EU institutions. Through qualitative analysis of the high-circulation popular Polish press, this study finds that when viewed through national identity–based interest perceptions, the free movement of persons is not framed in terms of “actual” economic benefits or opportunities. Instead, it is framed as a dubious benefit of EU integration, in relation to many obligations of EU membership. In contrast, the press discourse examined here frames intra-Union migration as the continuing unfortunate necessity of emigration. Thus, national identity conceptions may influence the eastern EU press narrative, causing it to frame the free movement of persons negatively, in terms of perceived interests.

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РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.

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РОМАНИСТИЧНИ ОСНОВИ НА ЛИШАВАНЕТО ОТ НАСЛЕДСТВО В РИМ – ИЗСЛЕДВАНЕ И РЕТРОСПЕКЦИЯ НА ИСПАНСКИЯ ГРАЖДАНСКИ КОДЕКС ОТНОСНО НАСЛЕДЯВАНЕТО

Author(s): Tewise Yurena Ortega González / Language(s): Bulgarian Issue: 1/2020

From the point of view of family law, there is no doubt about the importance of the causes of disinheritance, which affect the relatives of the testator, as is inferred among others: CTh. 11.30.26, CTh. 4.4. 2.1, Marcianus in Inst. 6, D. 34.9.1 and Nov. 115. In this way, the article analyzes an institution whose roots are found in the compilation of Emperor Justinian and which has left its reflection in other sources we presente. The evolution and impact of the Roman legal system is traced not only to the unworthiness of inheritance, but also to the disinheritance, tracing the causes for this from the time of the Roman Empire in Fuero Real and Las Partidas until the current Spanish Civil Code, in which governs the modern system of inheritance. The significance of the jurisprudence, which led to a change in the interpretation of Article 756 of the Civil Code on the institution of the legitimate, was also discussed and the change that arose in the interpretation of Art. 853 Civil Code. Numerous Supreme Court decisions are also presented, in which not only physical and psychological abuse can be a reason for disinheritance, but also material and emotional abandonment or neglect of the minimum necessary care provided to the testator before his death.

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