FORMING AND DEVELOPING BASIC LEGAL READING SKILLS: HOW TO RAISE AWARENESS OF THE STRUCTURE AND TERMINOLOGY OF BRITISH STATUTES AND LAW CASES

Author(s): Marina-Cristiana Rotaru / Language(s): English Issue: 1/2020

The aim of this paper is to present how one can form and develop basic legal reading skills, with a focus on the structure and terminology of British statutes and law cases. The paper is mainly, but not exclusively, addressed to translation studies students who may be hindered, when dealing with British legal documents, by the structural and linguistic peculiarities of such texts. Law students may also benefit from the information provided by this paper. Legal texts, in general, are characterized by highly specific drafting conventions, which need to be understood by the legal translator or the law student. For a specialized translator, it is also useful to be able to read a statute or a reference to a law case. Hence, building awareness of the drafting conventions involved in drawing up a statute or of the conventions involved in case citations, and an increased cultural awareness (that may help one understand the context of this or that legal text) are mandatory requirements for any professional translator.

CULTURAL (UN)AWARENESS IN THE ACQUISITION OF LEGAL TERMINOLOGY: OUTCOMES AND SOLUTIONS

Author(s): Marina-Cristiana Rotaru / Language(s): English Issue: 1/2020

The aim of this paper is to highlight the role of cultural awareness in achieving accurate translations by focusing on the analysis of several culture-bound legal terms of the English and Welsh legal system. These specific terms include items that refer to the court systemin England and Wales, such as names of various key positions in the judiciary branch, terms used in court procedures and criminal procedure, or advocacy terms. A parallel with Romania is introduced in order to highlight the similarities and differences between the English and Welsh legal system and the Romanian legal system. In spite of the contrast between the two legal systems, the translator can, if aware of cultural idiosyncrasies, provide correct translations that make apparently opaque terms explicit in the target language.

RECEPTION OF ROMAN LAW IN THE FIELD OF REGULAE IURIS

Author(s): María Etelvina De las Casas León / Language(s): English Issue: 2/2020

The Roman tradition begins with the studies of Bologna and continues until the present day. We understand that the reception of Roman Law in Europe is based on the Bologna School. In this work we will make a brief approach to the regulae iuris, many of them converted into general principles of law, through the reception of the same in our legal systems. These maxims contain a historical background that makes them guides and values that inform our legal systems: legal bases, criteria of interpretation or sources of law. No code completely broke with the Roman tradition.

ПРИВИЛЕГИИ ЗА ВЕТЕРАНИТЕ ОТ ВОЙСКАТА В ИМПЕРАТОРСКАТА КОНСТИТУЦИЯ НА ЛИЦИНИЙ ОТ 10 ЮНИ 311 Г. И СЪВРЕМЕННОТО АДМИНИСТРАТИВНО ПРАВО

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2020

The article reveals part of the content of Licinius' imperial constitution of June 10, 311. It discusses the administrative status of professional soldiers as a special category of civil servants. It also analyses the administrative status of war veterans in accordance with the current Bulgarian legislation and the Roman traditions, enshrined in it.

РИМСКАТА ПРАВНА МИСЪЛ И ЕВРОПЕЙСКИТЕ ТРАДИЦИИ В „ПРИНЦИПИ НА РИМСКОТО ПРАВО“ НА ФРИЦ ШУЛЦ

Author(s): Fara Nasti / Language(s): Bulgarian Issue: 2/2020

In 1934, in Munich, Duncker und Humblot published the „Prinzipien des römischen Rechts. Vorlesungen“ by Fritz Schulz. A work of great importance in which Schulz collected the eleven lectures given in Berlin: the only ones he gave there before his exile. It must be considered in the context of legal historiography from 1920–1960 in the context of its scientific production. The content and ideas in „Prinzipien“ must not be forgotten. The book was written in difficult times in Germany before World War II and has strong political significance. This explains some of the author's choices in his attempt to consolidate the universal value of law based on the Roman legal tradition.

ПРОВЕРКА ЗА ПЛАГИАТСТВО ПО ЗАКОНА ЗА РАЗВИТИЕ НА АКАДЕМИЧНИЯ СЪСТАВ ИЛИ ДОКАЗВАНЕ НА ПРЕСТЪПЛЕНИЕТО „ПЛАГИАТСТВО” ПО НАКАЗАТЕЛНИЯ КОДЕКС – ДОПУСТИМА ЛИ Е АЛТЕРНАТИВА ПО БЪЛГАРСКОТО ЗАКОНОДАТЕЛСТВО?

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 2/2020

The legal framework of plagiarism as a crime, finds its systematic place in Roman law. In the objective Bulgarian law, it is regulated by the first Penal Code in 1896. The current legal framework creates ambiguity regarding the application of the administrative provisions of the Academic Staff Development Act and the Penal Code. The article analyzes the provisions of the two normative acts, as well as the canceled Law on Scientific Degrees and Scientific Titles. The relevant procedures, the competence of the bodies and the consequences of the issued acts are considered. The conclusions justifiably raise the question: is this alternative acceptable?

THE COMMON GOODS ADDRESSED TO THE COMMUNITY USE WITHIN THE FRAMEWORK OF THE COMMUNITY ADMINISTRATION OF THE LATIN-SABINE ROMAN REGNUM (753 BC – 617 BC)

Author(s): Diego Diez Palacios / Language(s): English Issue: 2/2020

The reality of what modern states know as public property is present in the historical, urban and state period of the latin-sabine regnum. In it, the material arrangement of these realities will possess certain elements that are configured as a fundamental end that enhances the birth of a new, in part, legal way of acting on the also novel figure where the relationship between community and common thing manifests determining features that they become the antecedent of the sanctioned legal regime of the res publicae who will have to wait until the 4th century BC to see the light showing itself in the legal systems of numerous European and Latin American countries as the foundation of their public goods for public use.

Regional use of European Funds in municipal waste management in Poland

Author(s): Agnieszka Ulfik / Language(s): English Issue: 3/1/2018

THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Author(s): Faruk H. Avdic / Language(s): English Issue: 3/2021

The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.

Европейски съд по правата на човека и българската правораздавателна система

Author(s): Aleksandur Kirkov,Ana Andonova / Language(s): Bulgarian Issue: 6/2021

Bulgaria ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms in 1992, as such this European act has become part of our domestic legislation. Explaining in detail the differences and similarities between the European Court of Human Rights in Strasbourg and the Bulgarian judicial system, we will actually see how much they are similar. This is the purpose of the present study - comparative analysis in all aspects: territorial jurisdiction, legal jurisdiction, including procedurally legitimate persons to file complaints, procedural issues, stages of the process, court decisions and appeals. The first and most important task of the study is to get acquainted in detail with our European rights, as well as their judicial protection. On the other hand, the knowledge of the European judicial mechanisms leads to the expansion of our national horizons in a supranational perspective, to opportunities for professional realization outside the borders of the country, on a European and global scale. The research method used in the present scientific work is the comparative analysis. The methodology we refer to in preparing the analysis is based on a predetermined methodological approach and structure in conducting the analysis. The methodological approach itself includes a general overview of the legal framework, regulating the administration of justice in national courts and at European level. An essential feature of the approach used is to compare the two established legal systems, at home and in Strasbourg, at all levels, to explore links and interdependencies possible differences. Expected results: acquainting the Bulgarians with their European rights, as in case of violation of these rights, learning about the mechanisms for their protection in court. Conclusions and summaries: Bulgaria is part of the common European framework. As such, its citizens are Bulgarians, but also Europeans. Namely, as Europeans, they have rights that are guaranteed to them by Europe and that should be respected in Bulgaria. Failure to respect these European rights creates conflicts that should be resolved by both national courts and the European Court of Human Rights.

«MAIORA QUIS PONDERA TIBI COMMODAVIT CUM EMERES AD PONDUS». БЕЛЕЖКИ КЪМ D. 47.2.52.22 (ULP., 37 AD ED.)

Author(s): Mariagrazia Rizzi / Language(s): Bulgarian Issue: 1/2021

The article is aimed at a thorough analysis of the solution of a legal case originally offered by Mela and then proposed again by Ulpian, regarding the lending of pondera maiora, which were used by the borrower to weigh goods for the purpose of purchasing said goods. Mela identifies the lender of the weights as a legitimate subject to an actio furti brought in by the seller of those goods; the text also contains an additional remark that the borrower/buyer will have to respond to the same action, if he has scientia about the incorrectness of the weights. The author examines the various hypotheses brought forward by scholars so far, and offers a new interpretative key to the case in an attempt to understand the reasoning that might have led Mela to his solution – a reasoning, which possibly might have been more sophisticated than recognized until now.

ИСТОРИЧЕСКО РАЗВИТИЕ НА НАЧИНИТЕ ЗА КОМПЕНСИРАНЕ

Author(s): Maria del Pilar Perez Alvarez / Language(s): Bulgarian Issue: 1/2021

In this paper, we undertake to study the legal nature of non-conventional set-off from Roman law to codification, examining the doctrinal positions adopted by glossators and commentators. We shall pay special attention to the deductio made by the bonorum emptor and the principles that guide bankruptcy proceedings and that justify the admission or non-admission of insolvency status in comparative law and in Spanish law.

REFLECTIONS ABOUT CONFUSION AS MEANS OF EXTINCTION OF OBLIGATIONS GUARANTEED BY BOND

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2021

The extinguished effects of confusion in civil obligations are verified in agreement with very particular rules in diverse categories of legal relations in which they affect and distinctive as well are the solutions that roman legal sources contribute in this sense, by which always maintaining as base of our study the unity in regards to the definition of the institution, we have projected our interests for the analysis of the confusion in the obligations with guarantee field, most definitely about the guaranteed obligations with the bond in accordance to their manifestation between deserving of and principal debtor, between deserving of and guarantor and lastly, between debtor and guarantor.

ИЗВЪНРЕДНО ДОГОВОРНО ПРАВО ИЛИ КАК ДА УРЕДИМ ДОГОВОРНИТЕ ПРОБЛЕМИ ПО ВРЕМЕ НА ПАНДЕМИЯ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2021

Despite the significant number of measures taken by the Swiss Federal Council (Government) in relation to the COVID-19 pandemic, problems regarding the economic balance between contracting parties have not been subject to specific interventions. The article points out that an individualistic approach, in particular through the rules of unforeseeability, is partly unsatisfactory in view of the systemic issues at stake and the risk that the burden of all additional individual actions represents for the judicial system as a whole. The author stresses the importance of a duty of renegotiation between the parties, based on the rules of good faith in business, the content of which must take into account a dynamic approach, inspired by historical experience. The article then suggests substantive and procedural rules for an extraordinary contract law to deal with systemic contractual imbalances. A relational approach to the contract, as well as a more solidarity-based conception of it, must lead to renegotiations and group settlements, which are relatively binding for the contracting parties, or even to solutions imposed by the authorities as a last resort.

EXTRADITION IN THE CRIMINAL PROCEDURAL LEGISLATION OF UKRAINE: COMPLIANCE WITH THE EUROPEAN STANDARDS

Author(s): Victoriia Rohalska,Oksana Bronevytska,Gediminas Bučiūnas / Language(s): English Issue: 1/2022

The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.

Euroatlantycki Ośrodek Koordynacji Reagowania w przypadku Katastrof jako mechanizm zarządzania kryzysowego NATO wobec pandemii COVID-19

Author(s): Marlena Rybczyńska / Language(s): Polish Issue: 1/2021

In the international environment, the importance of non-military security issues such as global health, migration, and natural disasters is growing. Therefore, the subject of research in this article is the tasks of the Euro-Atlantic Disaster Response Coordination Centre (EADRCC), which is NATO's main crisis management tool during the COVID-19 pandemic. The purpose of the research was to identify those EADRCC activities that have contributed to improving NATO's response to the pandemic. The article mainly uses the method of critical analysis (reports, documents, literature on the subject, scientific articles, press materials) and historical analysis. Several research questions were answered. 1) What role can the EADRCC play in the face of new threats to NATO? 2) What is the significance, role, and scope of crisis management in the functioning of NATO? 3) What steps should the North Atlantic Alliance undertake to improve the use of the EADRCC's potential in crisis situations? The results of the research presented in the article indicate that the exchange of information, coordination of tasks, as well as solidarity and distribution of aid between NATO member and partner countries improved the response to the COVID-19 pandemic. The conclusion is that NATO should develop its capabilities and crisis management instruments, including the EADRCC; the need to build resilience to non-military threats in allies' military and civil spheres was also pointed out.

Съотношението между правото на европейския съюз и спогодбите за избягване на двойното данъчно облагане

Author(s): Stoycho Dulevski / Language(s): Bulgarian Issue: 5/2021

The European Union law (EU law) and the international law are two different but complementary systems. The variety of cases, the dynamic matter, as well as the many legislative changes both from international and national perspective in the field of direct taxes, gives rise to the necessity to delineate the boundaries between the EU law and the international law. This would help to ensure the proper law enforcement and to limit the possible conflicts between them. In the present paper, through a comparative legal analysis of the relevant case law of the Court of Justice of the European Union (CJEU), the scope of the EU law is derived, as well as its interaction with international law. This helps to draw conclusions about their relationship, and in particular in the observance of their hierarchy in practical cases.

ОТНОШЕНИЯ МЕЖДУ ЗАПАДНОЧЕРНОМОРСКИТЕ ГРАДОВЕ-ДЪРЖАВИ И РИМ ПО ВРЕМЕТО НА ПРИНЦИПАТА

Author(s): Tihomir Rachev / Language(s): Bulgarian Issue: 2/2021

The expansion of the Roman Empire during the Principate leads to the creation of various unions between Rome and Black Sea city-states. The relations between Roman and local authorities is a question of great importance for the understanding of the integrational processes in the Empire. One example of such a union is the Western Pontic koinon among Istrum, Tomis, Callatis, Dionisopolis, Odessos and Mesambria. The analysis of this union can reveal the mechanisms of integration and government during the classical period of Roman law. This article aims to examine the relations between Rome and the Western Black Sea Coast city-states in order to reveal the basic principles of cooperation and integration of these cities under Roman rule.

SOME ASPECTS REGARDING THE WORSHIP OF WATER IN ROMAN MYTHOLOGY

Author(s): Cristina Pop / Language(s): English Issue: 2/2021

The worship of the water is part of religious practices of all polytheist peoples from Antiquity. It also held a large place in legends and in worship among Romans. For them, the sources of water, rivers and seas were inhabited by deities who were to be pleased and appeased with prayers and sacrifices. They were among the indigetes and appeared in the indigitamenta of the pontiffs, as in the ritual formulas of the augures. Therefore, Romans, in order to attract their good graces and turn away their anger, addressed prayers to gods of water, offered them sacrifices, built shrines and temples for them.

RUN THE STATE LIKE IT IS YOUR BUSINESS. A POLITICAL ECONOMY APPROACH TO THE RULE OF LAW CHALLENGES IN CENTRAL AND EASTERN EUROPE

Author(s): Luise Quaritsch / Language(s): English Issue: 1/2022

The debate around democratic backsliding in Central and Eastern Europe focuses on changes in formal rules that weaken the rule of law by populist right-wing leaders. However, this paper argues that the concept of democratic backsliding has limited explanatory value and overemphasizes formal institutions. Instead, a broader view, taking political and economy power into account, should be adopted: It allows for a conceptualisation of democratic backsliding as the result of the dominance of elites on state structures and the merging of political and private interests. The concept of state capture provides a suitable theoretical framework for this approach and reveals different strategies employed by elites, namely party and corporate state capture that undermine the independence of democratic institutions in the region. The example of the Czech Republic under former Prime Minister Babiš underpins the argument that the debate around democratic backsliding overlooks the risks of corporate state capture, which finds expression in high levels of corruption and the concentration of vast economic, political and media power.