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Rebuilding Fortress Europe, Building Fortress USA: From Discursive to Physical Boundaries against Refugees on a Global Level

Rebuilding Fortress Europe, Building Fortress USA: From Discursive to Physical Boundaries against Refugees on a Global Level

Author(s): Srđan Mladenov Jovanović / Language(s): English Issue: 1/2019

It is difficult to properly emphasize the increase in xenophobia on a global level, from discourse to appropriate policies. Though Donald Trump’s “wall” has become a world-known feature, fences have been built in numerous places within Europe as well. Xenophobic discourses are increasingly used as a means for gaining electoral support, after which “adequate” policies are being introduced. From the “immigrant” or “guest worker” to the “refugee” or “asylum seeker”, these people have been shunned on an institutional and media level, invisible in their plight for decades, oftentimes painted as criminals. With the resurgence of xenophobia, their visibility increased only to be put in a negative spotlight, as scapegoats instead of victims. This article deals with the discursive construction of the Enemy from the refugee in the Middle East from the methodological standpoint of Critical Discourse Analysis, as well as how this exclusionary, discriminative discourse in turn creates xenophobic policies on a global scale.

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REFUGEE CRISIS IN LESBOS AS A STATE AND A STATE-CORPORATE CRIME

REFUGEE CRISIS IN LESBOS AS A STATE AND A STATE-CORPORATE CRIME

Author(s): Stratos Georgoulas / Language(s): English Issue: 1/2019

The critical criminological thought can and has to discuss on the relation between crime and migration issues. By invalidating the myths that constitute common rhetoric in political and media analysis–through which repression policies become stricter and stricter-state crime, the crimes of bodies of official and unofficial social control against refugee and immigrant populations and state-corporate crimes are coming into light. A fundamental question arising is whether or not the planned or enforced State policies can become or are the real crime. The present article first makes some theoretical assumptions on the issue of State crimes against migrant populations and state corporate crime and then seeks to examine the application of those theories in practice through a case study: the recent refugee crisis in Lesbos.

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Нормативни проблеми на развитието на академичния състав в България

Нормативни проблеми на развитието на академичния състав в България

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 8/2018

The article examines the historical development of legislation in the field of career development of the academic staff in Bulgaria. He points out the advantages and disadvantages of normative decisions from the beginning of the 19th centuryto the beginning of the 20th century. Criticizes the amendments to the Law on the Development of Academic Staff in the Republic of Bulgaria, promulgated in the State Gazette, N 30 of 3.4.2018, in force as of 4.5.2018.

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Обоснованост на правораздавателния акт по спорове в областта на интелектуалната собственост

Обоснованост на правораздавателния акт по спорове в областта на интелектуалната собственост

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 8/2018

Justice as the highest type of law enforcement activity places the most requirements on the judicial authority. In relation to the treatment and resolution of intellectual property disputes, the specificity is justified by the nature of the intellectual property objects as intangible goods and by the special knowledge that the authority must possess. He makes a decision, justifying it with the evidence of the dispute and the established facts and circumstances, given the requirement to reveal the objective truth. These logical judgments the court forms on the basis of his inner conviction and give a complete practical form of subjective attitude, expressed in the motifs of the judgment decision.

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Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Author(s): Roumen Vladimirov / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the basic features of the real three types of tax crimes.These are: avoidance of the establishment or the payment of tax obligations in big amounts – Article255 of the Criminal Code; the fulfilment of the same assault through allowed means – Article255а of the Criminal Code and the so-called tax fraud – Article 256 of the Criminal Code. The authorpays attention to some issues with regard to the regulation and the application of the norms ofthese offences. On the first place there is the issue of the subject and above all of the use of differentcriteria with regard to the content of the terms „big amounts“and „particularly big amounts“, including the cases of tax fraud under Article 256 of the Criminal Code. The second issue, which can now be considered to be solved by two interpretative decisions of the Supreme court of cassation, which provide a negative reply. In particular these are the questions whether the subject of those offences may be only the taxable person and whether it is a compulsory precondition that a tax assessment has been carried on and an amended assessment has been issued. The third issue is about the question how efficient are the norms for the real tax offences and the necessity for the amelioration of their legislative regulation, in which respect there exist some reserves.

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Сравнителноправен анализ между българското и руското трудово право относно проблема за „невъзникналото трудово правоотношение“

Сравнителноправен анализ между българското и руското трудово право относно проблема за „невъзникналото трудово правоотношение“

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 8/2018

The subject of the scientific study in the paper is the comparative analysis between the currentpositive legal regulation of the so-called „labour relationship which has not come into being“in theBulgarian and the Russian labour law. A comparison is made between the legislative regulationof this issue in the second sentence of Article 63 (3), Article 86 (7) and the first sentence of Article96 (4) of the Bulgarian Labour Code and Article 61 (4) of the Labour Code of the Russian federation.In the current Russian labour law this legal institute is known as „annulment of the labourcontract“, which is a right of the employer. In Bulgarian labour law the problem with the labourrelationships that have not come into being is resolved legally and technically by means of the useof a legal fiction.

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Bulgarian Legislation on Nutrition of Infants, Children and Adolescents: Has Bulgaria Implemented the Rules of the WHO International Code of Marketing on Breast Milk Substitutes?

Bulgarian Legislation on Nutrition of Infants, Children and Adolescents: Has Bulgaria Implemented the Rules of the WHO International Code of Marketing on Breast Milk Substitutes?

Author(s): Tsvetalina Petkova / Language(s): English Issue: 8/2018

The study analyzes the Bulgarian legislation on the feeding of adolescents. Conclusions aremade on the compliance of these rules with both the European legislation and the WHO InternationalCode of Marketing on breast milk substitutes.

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Минимална държавна помощ

Минимална държавна помощ

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 8/2018

De minimis aid is a particular type of state aid, for which, in view of its specificities, a different(special) regime has been introduced with regard to the administration of this type ofaid. De minimis rule — exemption of small aid amounts from notification (the ceiling set in theRegulation) is considered not to meet all the criteria in Article 107 (1) of the Treaty on the Functioning of the European Union and, in the end, does not lead to a distortion of competition. The‘ceiling’ set out in Regulation 1407/2013 is EUR 200 000 which may be granted to one undertakingfor each period of three fiscal years.

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За преките вреди по смисъла на член 82 от Закона за задълженията и договорите

За преките вреди по смисъла на член 82 от Закона за задълженията и договорите

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 8/2018

The article explores the notion of direct loss as a limitation of the damages for breach of contract.This is carried out through a survey of the main causation theories acknowledged in Bulgarianlaw, the definitions of direct loss given by the legal academics and jurisprudence, historical reviewof the idea to keep contract liability within limits and comparative law treatment of this issue in theFrench, German and Swiss law.

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Влиянието на правораздаването върху законодателството в областта на гражданското и търговското право през 2018 г.

Влиянието на правораздаването върху законодателството в областта на гражданското и търговското право през 2018 г.

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 1-3/2019

The Article researches the interaction between the jurisdiction and the legislative power in Republic of Bulgaria in 2018. On the basis of investigation of concrete acts of the parliament and decisions of interpretation, issued by the General Assemble of the Civil and the Commercial Colleges the influence of the laws over the decisions of the Supreme Court of Justice and concrete decisions issued by the court are revealed and the influence of concrete cases over the development of law. The two powers of the state are fighting for predominance, in particular in the year of 2018 and in particular on the field of the civil and commercial law. In some directions the legislative power is stronger than the court, but in other directions the court predominates the parliament. The interaction ends in the final analysis with the victory of the court when it makes decision by a concrete case.

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Правата на човека в борбата с тероризма: Режими за санкции на Съвета за сигурност на Организацията на обединените нации

Правата на човека в борбата с тероризма: Режими за санкции на Съвета за сигурност на Организацията на обединените нации

Author(s): Mariya Hristozova / Language(s): Bulgarian Issue: 1-3/2019

In the last decade, the growing number of acts of terrorism that threaten world peace and security, as well as the fundamental values in every democratic society, in particular respect for fundamental human rights, have called for more active action by the international community in the struggle with terrorism. In this regard, the United Nations Security Council adopted a number of resolutions establishing sanctions regimes against the Islamic State of Iraq and Levant (IDES), Al-Qaida and the Taliban, and other individuals, groups, and related entities and suspected terrorist suspects. Despite the social purpose of these regimes, they created serious preconditions for violations of the human rights of the affected subjects, in particular the right to a fair trial, the right to an effective remedy, the right to property, the right of the persons concerned to be informed of the charges against them, the right to be heard and other procedural rights. This circumstance calls for reformsto be made to the arrangements inplace to ensure fundamental human rightsin the fight against terrorism.

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Влиянието на тълкувателната практика на ВКС върху развитието на законодателството в Република България

Влиянието на тълкувателната практика на ВКС върху развитието на законодателството в Република България

Author(s): Vasil Popov / Language(s): Bulgarian Issue: 1-3/2019

That article set itself the objective to consider the influence of the Supreme Court of interpretative practice at the Bulgarian legislation development. Have been analyzed processes leading to collisions between the Judicial System and Legislative System. There was presented cases, that they are leading to changes at legislation and have been examined there’s positive or negative impact effect.

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REFLECTIONS ON THE RELATIONSHIP BETWEEN IUS PUBLICUM AND IUS PRIVATUM IN ROMAN LAW

REFLECTIONS ON THE RELATIONSHIP BETWEEN IUS PUBLICUM AND IUS PRIVATUM IN ROMAN LAW

Author(s): Gábor Hamza / Language(s): English Issue: 2/2019

The author emphasizes the contemporary significance of Roman law traditions. He points out that the idea of classification (divisio) of the Roman legal system originated in ancient Greek philosophical thinking. He also emphasizes that the classification or partition of ius civile is in no way related to the present-day classification of the legal order (system) into various ‘branches’ of law, particularly in civil law jurisdictions. Referring to a number of examples, the author proves that Roman law did not recognize a separation between public and private law as it is recognized today in many jurisdictions. He points out, in compliance with the thoughts of Azo, the ‘danger’ of this separation. The division is hardly able to provide any contribution to an adequate interpretation and development of law, since it evokes the possibility of the disintegration of the legal system.

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RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

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Transitions Online-Around the Bloc-22 April
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Transitions Online-Around the Bloc-22 April

Author(s): Ioana Caloianu / Language(s): English Issue: 04/27/2020

Highlights from our coverage region: secret Russian trial of ex-U.S. Marine; new COVID-19 hospital in Moscow; Ukrainian journalist suspected of Euromaidan murder; the Budapest-Belgrade railway; and Turkmenistan falls short of EU aid.

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Transitions Online_Around the Bloc-30 April
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Transitions Online_Around the Bloc-30 April

Author(s): Ioana Caloianu / Language(s): English Issue: 05/04/2020

News from around the bloc: a key suspect in the MH17 case; Babis and the European Parliament; dry season in Russia; the Serbian church in Montenegro; and defamation in Mongolia.

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Tackling Disinformation: EU Regulation of the Digital Space

Tackling Disinformation: EU Regulation of the Digital Space

Author(s): Flavia Durach,Alina Bargaoanu,Cătălina Nastasiu / Language(s): English Issue: 1/2020

This paper provides an overview of current responses to fake news and digital disinformation inside and outside the EU, and assesses the advantages and disadvantages of each solution. Four approaches emerge: (1) self-regulation (i.e. actions undertaken on a voluntary basis by the digital platforms); (2) co-regulation (i.e. cooperation framework between EU-level and national-level authorities, the internet platform companies, media organizations, researchers, and other stakeholders); (3) direct regulation (i.e. legal measures & sanctions); and (4) audience-centred solutions (i.e. factchecking and media literacy). We argue in favour of the co-regulation approach, while drawing attention to some current challenges in the response against disinformation. Furthermore, we need to go beyond the understanding of disinformation as an information/ truth fraud, and draw additional measures to reflect the particular understanding of disinformation as a form of users’ engagement fraud.

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Понятието „общност“ в Конвенцията на ЮНЕСКО за опазване на нематериалното културно наследство – 2003 г. и свързана с нея документация
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Понятието „общност“ в Конвенцията на ЮНЕСКО за опазване на нематериалното културно наследство – 2003 г. и свързана с нея документация

Author(s): Mila Santova / Language(s): Bulgarian Issue: 4/2019

The article analyses the UNESCO 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the basic documents related to it with a view of analyzing of the content of the notion of community within these documents. The author finds the lack of a stable definition of community and at the same time outlines its basic characteristics as they are present in the mentioned above documents.

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Читалището и опазването на нематериалното културно наследство (Из живота на групите за фолклор в Бистрица и Алино)
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Читалището и опазването на нематериалното културно наследство (Из живота на групите за фолклор в Бистрица и Алино)

Author(s): Stela Nenova / Language(s): Bulgarian Issue: 4/2019

The article represents the folklore groups created in the second half of the 20th century. They allow for the local village tradition (preserved as a living practice of its bearers) to enter the local chitalishte. The analysis of the filed-work research in the villages of Bistritsa (Sofia City Municipality) and Alino (Samokov Region) reveals different aspects of the relation between chitalishte institution and intangible cultural heritage in the changing social and cultural contexts, as well as in relation to the changing cultural policies. Thus the article offers an anthropological point of view to the transmission of traditional knowledge, skills and experience in chitalishte environment.

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SECOND INSTANCE ADMINISTRATIVE COMMISSIONS AND THE ADMINISTRATIVE COURTS EFFICIENCY IN  THE REPUBLIC OF NORTH MACEDONIA

SECOND INSTANCE ADMINISTRATIVE COMMISSIONS AND THE ADMINISTRATIVE COURTS EFFICIENCY IN THE REPUBLIC OF NORTH MACEDONIA

Author(s): Iskra Akimovska-Maletić,Dragan Gocevski / Language(s): English Issue: 2/2020

The paper aims to evaluate the direct and indirect determinants of the system for administrative legal protection efficiency in the Republic of North Macedonia. For this purpose, the paper analyzes the legal and institutional framework of administrative authorities i.e. the second instance administrative commissions that act on the appeal against the decisions of the first instance administrative bodies, as well as the legal and institutional framework of the Administrative and Higher Administrative Court that provide administrative-judicial protection against administrative acts. The paper assesses internal efficiency determinants for three second instance state commissions that provide legal protection in administrative procedure in the country, independently, as well as the two administrative courts: staff (administrative staff, number of elected members of second instance commissions, number of judges), number of newly formed cases, number of resolved cases and number of unresolved cases at the end of a year.

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