Европейските стандарти за правото на обжалване и решенията на Върховния касационен съд по чл. 354, ал. 5, изр. 2 НПК

Author(s): Georgi Mitov / Language(s): Bulgarian Issue: 2/2012

After the amendment of Criminal Procedure Code, made in 2011, the Supreme Court of Cassation in a cassation review, after double remittal of the case to the lower court, in further (third) hearings, has appellate powers – art. 354, par. 5, sent. 2 of Criminal Procedure Code. The act, delivered in this way, is final. This violates the right of appeal of the convicted person, established in art. 2 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Granted opportunity this act to be reviewed under the extraordinary control through re-opening of criminal proceedings can’t ”compensate” the deprivation of the right of appeal. The violation of European standards for right of appeal can lead to many judgments against Bulgaria in the European court of human rights in Strasbourg. That’s why this article should be abolished.

Юридическият терминологичен неологизъм „джендър“ в Истанбулската конвенция

Author(s): Rositsa Dineva-Karabadzhakova / Language(s): Bulgarian Issue: 1/2018

The article presents a theoretical analysis of the term “gender”, taken from the perspective of the gender theory. The inaccuracies in the meaning of the terms “gender” and “sex”, caused by the translation in Bulgarian, are assessed based on the complexity of their semiosis. The need to introduce the term is justified based on the legal neologism in the Bulgarian terminological legal system, in case of the occurrence of the future ratification of Istanbul Convention.

European Environmental policy and public procurement – connected or disconnected?

Author(s): Ondrej Blažo,Hana Kováčiková,Lucia Mokrá / Language(s): English Issue: 2/2019

The EU environmental policy is challenged by current international development (withdrawal of the US from the Paris climate accord, melting of the Arctic, changes in climate, extreme weather events), the sustainable development policy agenda and also by public pressure. The interest of the public in the environmental policy is not only reflected in the Eurobarometer polls, the increase of green parties in 2019 EP elections, but it is also present in the very first European Citizens’ Initiative, the environmentally oriented Right2Water initiative, which had been presented to the Commission in 2013. Following the need to reflect upon the current problems and challenges, the scope of European Environmental Policy (EEP) has broadened from traditional direct environmental challenges, such as access to clean water, clean air, maintaining biodiversity also to other areas connected to current challenges as the climate change and sustainable development and into practical implementation in particular internal and external policies – including trade policy, competition policy or public procurement. Following analysis is focused on the position of the green agenda and EEP transfer to legislation in public procurement on European level.

“Ospiti indesiderati”: il diritto d’asilo a 70 anni dalla Convenzione ONU sui rifugiat

Author(s): Benedetto Coccia,Antonio Ricci / Language(s): Italian Issue: LXI/2022

For many, in seventy years, the Geneva Convention of July 28th, 1951 and the New York Protocol of December 31st, 1967 have made the difference between death and life, between danger and safety, between despair and hope. Seventy years later, the right of asylum seems to have followed a downward trend which, after a phase of great expansion and convergence between the States adhering to the Convention, united by the desire to protect European refugees produced by the Second World War, today show its progressive decline and debasement. A factual confirmation of this downward trend today is found in the growing resistance to the reception of refugees from Syria or from the African continent, which has made asylum one of the most controversial issues in the decision making process within the European Union. Asylum policies are now characterized by systematic doubts about asylum seekers’ credibility. The launch of Frontex in 2004 and its subsequent developments, under the banner of the official mission to combat “irregular immigration”, have in fact contributed to further limiting the arrivals of refugees, who generally do not have alternative channels of entry to those used by the so called “economic migrants”, and the strengthened “rhetoric of abuse”. Starting from the results of the recent research project “The future of the Geneva Convention on refugee status 70 years after its establishment”, carried out in 2021 by the authors in the framework of the collaboration between “S. Pio” Institute – IDOS, this contribution will try to analyze the substantial change that has taken place in the image of asylum seekers and refugees, on a cultural and political level, which from subjects deserving of protection, as had happened at the time of the promulgation of the Geneva Convention, has seen them decay to unauthorized international migrants, in other words to “undesired guests”.

Impactul socio–economic al migraţiei în Europa secolului XXI

Author(s): Șabnam Cristina Paknehad / Language(s): Romanian Issue: LXI/2022

This article examines actions with a higher impact on migration flows, which are given priority and there must be a long term involvement in order to address their root causes. The EU aims to strengthen the political dialogue, cooperation, exchange of knowledge and experience with partner countries, civil society organizations and local authorities, in support of human mobility as a positive element of human development. The author considers that integration based cooperation with a rights based approach, primarily human rights, will enable us to meet the challenges facing humanity in the current migration crisis, especially the tragedy that began on February 24, 2022, which continues until the day of writing this article.

Migration and Migrants–Identity and Social Inclusion

Author(s): Ioan-Adrian Moșuțan / Language(s): English Issue: LXI/2022

Migration has a potential risk for state security from perspective of social inclusion. Even if migration is not a new phenomenon, recent events have generated new challenges. In order to maintain the security climate is necessary for migrants to comply with the rules imposed by the host state and also is necessary to be included in social life (education, access to health care services, employment), which can be an extremely difficult process because differences of opinion, culture and education are significantly and from this point serious difficulties can appear. Managing a large number of migrants, generally those from conflict zones in the Arab area have tested state mechanisms for security both due to the very large number of people (which also involved the increase of certain illegal acts committed by migrants) and also created real challenges for the social inclusion of these people, having direct implications for state security. Effective management of migrants is closely dependent on ensuring a climate of state security and to achieve this goal we must not only think about security as police or military perspective but we must also approach the situation in terms of social inclusion and even medical/ public health security- in current epidemiological context, the management of large masses of migrants or refugees can generate considerable security risks.

Radicalizarea discursului românesc despre romi în spaţiul public: pandemia, alegerile sau AUR?

Author(s): Norina Herki / Language(s): Romanian Issue: LXI/2022

The commitment of EU to fight against racism, xenophobia and hate crime has been strengthened in 2013, with the adoption of the European Parliament of a resolution calling on “the role of national authorities responsible for fighting discrimination to be strengthened in order to facilitate accountability for the promotion of hate speech and incitement of hate crime”. However, hate speech against the Roma minority in the public space, especially on the internet, social media, still occurs and shows a need to prevent and combat negative stereotyping, stigmatization and ethnicizing crime and criminalizing the Roma. With the advent of the COVID-19 pandemic, diversity governance and minority protection have been even more challenged and this papers aims at examining the public discourse and phenomenon of hate speech against Roma communities and individuals during the COVID-19 pandemic in Romania, through the lens of a few selected case studies which have featured prominently in the media. Special attention will be given to the political discourse on the Roma minority during this time, as the pandemic period coincides with the rise to power of the far-right populist party the Alliance for Romanian Unity (AUR).

THE FROZEN CONFLICT IN TRANSNISTRIA, A MAJOR IMPEDIMENT TO THE INTEGRATION OF THE REPUBLIC OF MOLDOVA INTO THE EUROPEAN UNION

Author(s): Luminița Gavriluta / Language(s): English Issue: 1/2022

It has never been so close and at the same time it is still so far to achieve the dream of belonging to the European family for the Republic of Moldova. Emerging from the current geopolitical crisis caused by the military intervention in Ukraine by the forces of the Russian Federation, and the aggravation of the frozen conflict in the Transnistrian area draws the attention of the International Community more and more, namely the reactivation of the lever of influence with zonal geopolitical destabilization for the future of the project of European Integration. The study we proposed will focus on all the factors and solutions that will be able to help the Republic of Moldova in its navigation in these uncertainties of the current times. The Transnistrian problem becomes current again, namely due to the thawing and even sharpening of that cleavage between the area of influence in the region by the great superpowers, active actors in the redefinition of that new world order for which the geo-strategic military struggle is being waged. The European and the International Community do not stop encouraging the Pro-European movement of the Republic of Moldova, the European vector being that argument. Our study also has a pragmatic side arising from the reality we face.

THE HUMAN RIGHTS PROTECTION SYSTEM IN EUROPE

Author(s): Andreea Dragomir,Sergiu Berindea / Language(s): English Issue: 2/2022

This dual system of protection of human rights and fundamental freedoms established at the European Union level — the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights — ensures uniform and unhindered protection, specific to modern democracies, to all citizens of the Union area. The paper aims to identify the elements of interference in the application and observance of the content provided by the two supranational acts by identifying the legal nature of each individual and by recognizing the legal, social, economic, and political factors that may represent threats in the implementation of human rights and fundamental freedoms. The projection of risks and threats to the system of protection of human rights and fundamental freedoms within the European Union leads to the possibility of forming elements of protection at both doctrinal and case-law levels. To achieve the security of the protection system established at the Union level, it is necessary to work together on several issues: the European Court of Human Rights, the Court of Justice, the institutions of the European Union, the States, and the national courts through its case-law.

Czy europejska inicjatywa obywatelska może służyć zmniejszeniu deficytu demokratycznego w Unii Europejskiej? Uwagi na podstawie wniosku Minority SafePack

Author(s): Joanna Kielin-Maziarz / Language(s): Polish Issue: 4/2022

The article attempts to answer the question about the role that the European Citizens’ Initiative (ECI) plays in reducing the democratic deficit of the Union. The effectiveness of this institution has been analysed using the example of the Minority SafePack – a proposal to adopt amendments that would serve to ensure greater protection of the rights of national and linguistic minorities and to strengthen cultural and linguistic diversity in the EU. The text analyses the reasons why the Commission took a negative stance. On the one hand, the subject matter of the proposal itself is one of them. The European Union, in its justification, states that it has no competence in relation to many of the proposals contained the initiative. In addition, there is also a general reluctance of the EU to deal with minority problems, mainly due to the fact that they involve issues that are sensitive to the Member States, such as national identity and linguistic diversity. On the other hand, the rejection of the proposal is an expression of a general tendency. The Commission is very sceptical about applications submitted under the ECI, refusing to register them to a prohibitive extent. This state of affairs certainly does not allow the ECI to be described as an effective tool that contributes to the reduction of the democratic deficit in the EU.

The effects of the decision of the Constitutional Court no 358/2022 on court decisions. Application of judicial error

Author(s): Delia Mihaela Marinescu / Language(s): English Issue: 1/2022

The prescription of criminal liability presupposes the extinction of the criminal legal relationship appeared as a result of committing a crime due to the fact that it was not committed within a certain term established by law, which affects and empties the idea of criminal repression and prevention. The main objective of this research is related to the exposure of the effects of the Decision of the Constitutional Court no. 358/2022 with reference to Decision no. 297/2018 by which the phrase “by fulfilling any procedural act in question” from the content of art. 155, paragraph 1 of the Criminal Code, especially from the perspective of multiple issues that may be defended in practice, which also determines the possibility of the existence of a judicial error. The article analyses the content of the two decisions of the Constitutional Court, but also their implications identified in the practice of the courts, taking into account the importance of respecting the principle of legality, but also the observance of the rights of the parties in a criminal trial.

Recenze závěrečných prací II/2022

Author(s): František Kasl,Andrej Krištofík,Pavel Loutocký,Tereza Novotná,Martin Švec,Roman Vaněk,Jakub Vostoupal,Ondřej Woznica / Language(s): Slovak,Czech Issue: 26/2022

Selection of reviews on high quality student theses on various topics concerning law and technology.

RESTRICTIONS OF THE RIGHT TO FREEDOM OF EXPRESSION TO ENSURE NATIONAL SECURITY

Author(s): Mădălina PREDA (Davidoiu) / Language(s): English Issue: XVI/2022

The freedom to exercise fundamental rights for all persons is a guarantee provided by international and national legal instruments. The freedom of expression, in both forms, the right to assert opinions but also the right to be informed, may bear certain restrictions to ensure national security. The achievement of the country s security objectives, by removing external and internal risks, is the basis of the democracy and by which the rights and freedoms of citizens are guaranteed and the sovereignty, unity and indivisibility of the state are ensured, as well as the defense of the territorial integrity and inalienability of the country.

A BRIEF REVIEW OF ROMAN PROVINCIAL GOVERNORS’ TITLES

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

At first, provinces were governed either by magistrates (consules, praetores) or by promagistrates (proconsules, propraetores, privati cum imperio). The expression pro magistratu was used to designate a citizen who, despite not being a magistrate, used to perform a magistrature, either as a consequensce of an extraordinary appointment (privati cum imperio), or due to a prolongation of the duration of the imperium even posterior to the end of the term (prorogatio imperii). In such cases, their titles would, instead of consul, praetor or quaestor, respectively become proconsul, propraetor and proquaestor. Regardless of whether a governor performed the duty of a magistrate or a promagistrate, he was classified either as a consular or a praetorial one. During the reign of Octavian Augustus, provinces were divided into two groups – provinciae senatus vel populi and provinciae Caesaris vel principis. Irrespective of their titles, every provincial governor was refered to as praeses. Depending on the rank of their governor, both senatorial and imperial provinces were classified as provinciae consulares and provinciae praetoriae. Regardless of whether they were of a consular or praetorian rank, governors of all senatorial provinces held the title of proconsul, giving the senatorial provinces an alternate name: proconsulares. In the imperial provinces, the title of proconsul was held by the princeps himself, which resulted in the need of creating a title for those who actually governed the provinces in question – legatus Augusti pro praetor. Depending on their rank, they were divided into legati consulares and legati praetorii. However, it was not until the Dominate, that the richness of Roman provincial governors’ titles reached its peak.

EUROPEAN IDENTITY AND MULTICULTURALITY IN THE CURRENT EUROPEAN UNION SOCIETY

Author(s): Florentina Trif / Language(s): English Issue: 16/2019

Multiculturalism has become one of the most discussed topics in recent years and this has been possible due to its profound implications in a multitude of areas - especially in the legal, social sciences, politics, and last but not least of ethics - areas that allow us to understand and discuss this phenomenon under different aspects and opinions. Therefore, the notion of a "multicultural" society cannot be limited to the mere indication of the coexistence of different cultures in a given national context, but necessarily refers to a particular way to relate to each other. Thus, a society can be defined as "multicultural" insofar as, within it, all differences in customs, culture and ethnicity are equally respected. In the present European society, this phenomenon of multiculturalism can be perceived by the fact that there is a real possibility of a peaceful coexistence between the different cultures of the countries of the old continent and the way in which it can be materialized. Thus, Goethe's assertion that true European unity gives culture and implicitly the cultures of European states, while politics and ideology can destroy it becomes an essential point of view. It should be noted that, on the basis of this principle, there is, of course, the contemporary democratic state in which the recognition of fundamental rights has become the cornerstone and at the same time constitutes the premise on which the political, institutional, social and cultural pluralism of the Union states Which through today's constitutions have become the most significant expression of the idea of European unity and multicultural manifestations. Therefore, the present study intends to illustrate the implications of the cultures of the member states of the European Union in the Cohesion Policy of the European Union, observing that in the evolution of the history of the idea of European unity, multiculturalism becomes an important image vector. Also, a detailed analysis of the relationship between Europe and the set of phenomena of change identified in the expression of multicultural societies will be pursued. To this end, we will begin by clarifying as much as possible the meaning of the concept of European identity as well as the much evoked multiculturalism.

Seminarium naukowe „Prawo międzynarodowe, unijne i bankowe wobec zbrojnej agresji Rosji na Ukrainę”, 9 marca 2022

Author(s): Łukasz Rupniak / Language(s): Polish Issue: 40 (4)/2022

Пулове в трамповото корабоплаване и правилата относно конкуренцията с оглед на чл. 101 от Договора за функционирането на Eвропейския съюз

Author(s): Svetlana Dimitrakieva,Christiana Atanasova,Ognyan Kostadinov / Language(s): Bulgarian Issue: 3s/2023

Tramp shipping operates in a highly competitive environment and is fundamentally considered a free trade economic model. Water transport ensures the supply of raw materials and the distribution of finished products in international trade. The main task for water transport is to ensure the reliability of supplies, at prices that are on the one hand profitable for carriers, and on the other hand, stimulate international trade. In this regard, carriers are taking various measures to improve supply. One of the measures that are in constant development is the organization of shipping. It is known that with good organization and cooperation in shipping, better results are achieved, which benefit everyone - carriers and consignors. Shipowners are in a constant process of renewing their fleet and organizing fleet management. The organizational forms are different, but some of them affect the application of the Treaty on the Functioning of the European Union. This publication examines checks in tramp shipping and their compliance given the Art. 101 of the Treaty on the Functioning of the European Union. The topic is under-researched and is of theoretical and practical interest.

Ruscism – A threat to international legal order and the security of all humanity

Author(s): Nasty Marian Vlădoiu / Language(s): Romanian Issue: 01/2023

Ruscism, and more precisely, its valuable content element, spirituality, should not be used to address Russia's geopolitical problems or to satisfy Putin's and/or other politicalmilitary leaders' hegemonic ambitions. Furthermore, Russian propaganda acknowledges that there is no geopolitical, economic, or military solution to achieve a balance of power at the international level. The elevation of humanity's spirituality cannot be accomplished through armed means, terror, or immeasurable and irreversibly lost material destruction, which could endanger the very existence of the human species.

Specific Legal Provisions Established During the State of Pandemic

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 2/2022

The legal provisions applicable to institutions or public authorities may be determined by the occurrence of exceptional circumstances, which require an adaptation of the legislator's requirement for a determined period, in order to limit its effects. The article analyzes the legality of the decisions of the control bodies, regarding the finding of a violation by a public authority in the ongoing activity of the provisions of Law no. 672/2002 and the provisions of GEO no. 131/07.08.2020, with reference to the establishment of the state of alert during the Covid-19 Pandemic.

THE IMPACT OF EU’S ENVIRONMENTAL REGULATION IN ITS PERIPHERY

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

The European Union’s desiderate of fully decarbonization until 2050 led to the adaptation of a comprehensive regulation that set ambitious environmental targets. EU’s vision regarding the energy transition is very well expressed through its programs and policies. Currently, European Green Deal and NextGenerationEU mechanism are ambitious strategies that can make the EU’s desires for a sustainable future reality. The first strategy intends to transform the European Union into a modern, green, and competitive economy and to decouple from fossil fuels. The second case refers to the recovery plan that follows to restore the EU’s economy affected by the Covid pandemic. This plan, recently adopted, among his directions, had proposed reforms that make possible the green transition. How do these efforts affect the EU’s neighbourhood in their climate action? Is there substantial evidence that shows the European Union’s influence in shaping the environmental regulation of EU’s neighbours?This article aims to answer these questions using a comparative analysis that includes two EU neighbours, Georgia and the Republic of Moldova. This analysis follows to measure the influence of the EU’s environmental efforts among its neighbours and explore those factors that favor this process. The results of the comparative analysis will be interpreted using the theoretical framework from the Europeanization literature.