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Strategija regulatorne reforme: Hrvatska, Federacija BiH i Crna Gora

Strategija regulatorne reforme: Hrvatska, Federacija BiH i Crna Gora

Author(s): Jelena Ćeranić Perišić / Language(s): Serbian Publication Year: 0

The paper deals with the concept of improving regulatory environment and the implementation of the regulatory reform strategies. The EU has set itself the strategic goal of becoming the most competitive and dynamic knowledge-based economy in the world. Achievement of this goal depend in part on improving Europe’s regulatory environment to avoid unnecessary burdens on businesses, citizens and public administrations. Therefore, high quality regulation must be seen as a public good and action must be taken at both EU and national levels within a comprehensive strategic approach to realize it. After introductory notes with regard to the importance of the regulatory reform, the author analyses the Mandelkern report. The high-level Advisory Group was formed in December 2000 when 16 experts were appointed to it, representing each of 15 countries of the Union and the Commission. From the time it was formed, it was known by the name of its Chairman, M. Mandelkern. Better regulation is a drive to improve the policymaking process through the integrated use of effective tools, not an attempt to impose further bureaucratic burdens on it. Many Member States have elaborated ambitious regulatory reform and/or simplification programs and have developed a wide range of tools, based on EU and OECD guidelines or on successful experiences from other countries. It recommends practices in topics applicable to both national governments and the European Commission. The second part of the article is dedicated to the presentation of implementation of the regulatory reform strategies in the following countries: Croatia, Bosnia and Herzegovina and Montenegro. Within the concluding observations, the author sums up presented observations and especially emphasizes the importance of improving regulatory environment.

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Translation of the Acquis in Serbia

Translation of the Acquis in Serbia

Author(s): Aleksandra Čavoški,Ana S. Knežević Bojović / Language(s): English Publication Year: 0

The European Union is founded on ‘unity in diversity’: diversity of cultures, customs and beliefs - and of languages. Multilingualism is one of the basic principles and key features of the European Union. It refers to both a person’s ability to use several languages and the co-existence of different language communities in one geographical area. Bearing in mind that there are 23 official languages of the Union, and 60 or so other indigenous languages and a number of non-indigenous languages spoken by migrant communities, the importance of multilingualism in European Union cannot be understated.

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D&O Insurance and Arbitration

D&O Insurance and Arbitration

Author(s): Katica Tomić / Language(s): English Publication Year: 0

Directors and officers ("D&O") are required to act in a good faith and in the best interests of the corporation and to ensure that, the corporation is managed in accordance with the corporation's articles of incorporation and internal by-laws. D&O are personally liable for actions committed by the corporation within their scope of authority, and their own personal assets are at the risk in the event of a lawsuit against the corporation and its management or corporate insolvency. Today's complex business, legal and regulatory environment have increased the number of disputes involving the personal liability of D&O and D&O insurance, and the option of the more efficient, flexible, expert, and enforceable dispute resolution mechanisms, becomes the substantial interest of the parties involved. In this article, we discuss the general principles of D&O liability and D&O insurance, and relevant court cases concerning D&O liability and insurance coverage disputes in EU Law. Having in mind basic characteristics of modern insurance regulations, in particular, the need to protect a policyholders' interests and insurance customers and the premise that classic (commercial) arbitration is not a priori suitable for D&O insurance disputes, the author advocates introduction of specific integrated arbitration proceedings for D&O insurance cases. By assessing arbitration proceedings in D&O insurance, this analyze allows us to draw conclusion on whether the resolution of D&O insurance disputes by means of arbitration should be considered more often, or court litigation is more suitable for D&O insurance cases.

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CONSIDERAȚII REFERITOARE LA RECEPTAREA ÎN DREPTUL ROMÂN A STANDARDELOR STABILITE PRIN JURISPRUDENȚA EUROPEANĂ ÎN MATERIA LIBERTĂȚII DE EXPRIMARE

CONSIDERAȚII REFERITOARE LA RECEPTAREA ÎN DREPTUL ROMÂN A STANDARDELOR STABILITE PRIN JURISPRUDENȚA EUROPEANĂ ÎN MATERIA LIBERTĂȚII DE EXPRIMARE

Author(s): Carmen Moldovan / Language(s): Romanian Publication Year: 0

Freedom of expression and the permissible restrictions of its exercise are a topical issue, especially in the context of the development of communication technologies, the Internet and social networks. As a fundamental right, is considered an essential element of a democratic society, and its restriction must be an exception. The present paper does not aim at a comprehensive analysis of the issue of the protection of freedom of expression at national level, but proposes the synthesis of the coordinates of the protection of the freedom of expression at international and European level, supplemented with brief comments on the national legal framework. In assuring the effective protection of freedom of expression and its components national authorities have the main task, based on the principle of subsidiarity therefore they have the obligation to observe and implement the principles and standards established at the international universal and European level.

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REFLECȚII CU PRIVIRE LA DREPTUL DE PROPRIETATE PUBLICĂ AL UNIUNII EUROPENE

REFLECȚII CU PRIVIRE LA DREPTUL DE PROPRIETATE PUBLICĂ AL UNIUNII EUROPENE

Author(s): Valentin-Stelian Bădescu / Language(s): Romanian Publication Year: 0

Traditional institution in administrative law, with constitutional significance, public property belongs exclusively to the state or territorial administrative units, the sphere of goods being determined on the basis of the criteria of public tyranny. The exercise of public property is achieved through the creation of specific real rights, listed by the Civil Code. The way in which these real rights are constituted, exerted, defended or defended are reasons why public property "must be preserved and passed on to future generations", with a view to the balanced development of society as a whole. As far as the European Union right of public ownership is concerned, it is easy for the legislator to invent, with good intentions, rights in favor of different social categories, only that the organization of the implementation of the laws that define their content and their concrete execution often the consumption of important public funds, lower than the benefits of improving the situation of those targeted by granting those rights.

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ASPECTE PRIVIND APLICAREA REGULAMENTULUI NR. 679 DIN 2016 PRIVIND PROTECȚIA DATELOR CU CARACTER PERSONAL ÎN ROMÂNIA

ASPECTE PRIVIND APLICAREA REGULAMENTULUI NR. 679 DIN 2016 PRIVIND PROTECȚIA DATELOR CU CARACTER PERSONAL ÎN ROMÂNIA

Author(s): Mihai Şandru / Language(s): Romanian Publication Year: 0

The General Data Protection Regulation (GDPR) is the normative act that determines the publication of books and articles and the realization of scientific events. The present material is a state of the art in the field of personal data protection in Romania, an evaluation conducted in order to continue and open some researches elaborated both from the perspective of their purpose and the implication of the fundamental research.

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ROLUL JURISPRUDENȚEI ÎN ORDINEA JURIDICĂ A UNIUNII EUROPENE

ROLUL JURISPRUDENȚEI ÎN ORDINEA JURIDICĂ A UNIUNII EUROPENE

Author(s): Nicoleta Diaconu / Language(s): Romanian Publication Year: 0

The legal order of the European Union crystallized during an evolutionary historical process, in which the Court of Justice played a particularly important role.The place and role of jurisprudence in European Union law highlights the work of the Court of Justice in achieving the evolution of the European Union's economic and political integration.The jurisprudence of the Court of Justice contributes to the uniform application of European Union rules in the national legal order of the Member States.The European Court of Justice has actively contributed to:the interpretation and uniform application of Union law;the enunciation and substantiation of fundamental human rights in the EU;substantiation of the principle of the direct applicability of European Union law; substantiating the principle of the priority of the application of European Union law.

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Considerations on the functions of the European Council

Considerations on the functions of the European Council

Author(s): Ileana Voica / Language(s): English Publication Year: 0

The work focuses mainly on the functions of the European Council, after a brief review of its regulations in the treaties, its composition and organization, as well as on the functioning of the European Council. It also addresses the European Council's connection with the EU Council, mainly in order to underline the importance of the EU Council for Romania in the current period, when our country holds the presidency of the EU Council, for six months, starting with January 1st 2019, but also in order to avoid any confusion between the European Council and the EU Council.

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The Schengen area in the context of the free movement of persons in the European Union

The Schengen area in the context of the free movement of persons in the European Union

Author(s): Ioana Nely Militaru / Language(s): English Publication Year: 0

The free movement of persons in the European Union is certainly one of the most concrete achievements of the European integration process. The establishment of the Schengen area in 1995 led to the abolition of controls at the internal borders of the European Union. Currently, the Schengen area comprises most of the EU states except Ireland and the United Kingdom, which have opted to stay outside, as well as Bulgaria, Croatia, Cyprus and Romania, which are bound to join Schengen. However, EU citizens benefit from free movement when traveling within the EU, whether or not the country is part of the Schengen area. If they enter the territory of an EU Member State that is not part of the Schengen area, EU citizens are in principle subject to a minimum identity check based on travel documents, respectively passports or identity cards).

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THE SECURITY CHALLENGES OF EUROPEAN DEMOGRAPHICS AND POLITICS CAUSED BY THE MODERN MIGRATION CRISIS

THE SECURITY CHALLENGES OF EUROPEAN DEMOGRAPHICS AND POLITICS CAUSED BY THE MODERN MIGRATION CRISIS

Author(s): Emilia Alaverdov / Language(s): English Issue: 2/2021

The paper aims to analyze the ongoing situation in the European Union member countries caused by modern migration flows. It shows the real impact of refugees and migrants on European demography. It describes the future scenarios of global demographic and social challenges, which lead to the socio-economic and political crisis, and the failure of European political elites. The study mainly is based on the following research methods: descriptive, statistical, and analysis. The basis of the source represents the books, scientific articles, empirical and press materials, documents published on official websites in the field of migration policy. The essence of the modern migration in Europe became very acute since the current migrants are mostly followers of Islam, which in all its aspects and completeness is currently one of the most urgent topics, and draws the special attention of political circles and international clubs. Muslims in Europe are, first, immigrants whose influx into the European continent has seriously changed its demographic picture and political situation. In this regard, it should be said that the growing number of Muslims in Europe is causing certain demographic challenges that significantly affect the European socio-cultural situation, and lead to the financial and political crisis.

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GEORGIAN ETHNOPOLITICAL CONFLICT AS A SUBJECT OF CONFRONTATION BETWEEN THE USA AND RUSSIA

GEORGIAN ETHNOPOLITICAL CONFLICT AS A SUBJECT OF CONFRONTATION BETWEEN THE USA AND RUSSIA

Author(s): Ekaterine Lomia,Loid Karchava / Language(s): English Issue: 2/2021

Since 2009 Russia has increased its military forces in Abkhazia and South Ossetia and pursued the policy of ‘creeping annexation in the occupied territories of Georgia. Today, 20% of Georgian territories are occupied by the Russian Federation. The Russian-baked separatists continuously erect barbed-wire border posts in one of the occupied regions of Georgia-South Ossetia and detain Georgian people, under the pretext of ‘illegally crossing the border’. Fundamental rights of the local population are violated daily since the occupants install barbers through people’s houses, gardens, and cultivated lands. Innocent citizens are forced to leave their homes, belongings, and cultivated lands that are left beyond the occupants’ demarcation line. The paper argues that along with other global challenges of the world, the USA-Russia clashes of interests are also found with the Georgian conflicts. While Washington hugely supports Georgia’s territorial integrity and welcomes its Euro-Atlantic aspirations, the Russian Federation, on the contrary, prevents the aforementioned process and directly opposes Georgia’s integration into NATO. The USA condemns Russia’s creeping annexation of Georgian territories and continuously calls on Russia to respect the sovereignty and territorial integrity of an independent country. Furthermore, the USA-Russia relations have considerably deteriorated following Russia’s military intervention in Georgia and the recognition of Abkhazia and South Ossetia as independent states.

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ЛЪВСКОТО ДРУЖЕСТВО В РИМСКОТО ПРАВО

ЛЪВСКОТО ДРУЖЕСТВО В РИМСКОТО ПРАВО

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2021

The article discusses the origin and meaning of the notion and the term leonine partnership, as well as the problems associated with the distribution of profits and losses between the partners in the consensual contract for partnership in Roman law. The fragment from the Digests of Justinian where actually is the unique mention of the expression societas leonina and this form of partnership is defined by the Romal classical jurist Cassius is subjected to a legal-dogmatic and linguistic analysis. The fable of Phaedrus for the partnership between a lion, a goat, a cow and a patient sheep which is considered to be the original source, used for forming the concept of the leonine partnership in Roman legal thought is completely analysed and interpreted. The author paid special attention to the magna questio (the great discussion) among Roman jurisprudence, dating from the period of the end of the Roman Republic with some projections and in the classical period in connection with the distribution of profits and losses in the consensual contract of partnership as a result of the partnership`s activity. And on the other hand the article examines the problem about the existence of privileges or restrictions for certain partners regarding the profits and analysis of the two leading opinions on the subject through the exegesis of a fragment of the Institutions of Gaius.

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SWITCHING FROM CASH TO CASHLESS PAYMENTS: CONSUMER BEHAVIOR EVIDENCE FROM KOSOVO

SWITCHING FROM CASH TO CASHLESS PAYMENTS: CONSUMER BEHAVIOR EVIDENCE FROM KOSOVO

Author(s): Faruk Ahmeti / Language(s): English Issue: 2/2022

This paper investigates the readiness of customers to shift toward cashless payment by identifying the main factors that impact that shift. The sample consisted of randomly selected individuals identified as potential users of cashless payment and are considered more likely to continue using the new technology. Five hundred eighty-six questionaries were returned and considered complete for the research. The outcomes were assessed employing CFA for validity and determined using Cronbach’s alpha for the reliability of the research, which was stratified by seven regions throughout the country was applied, by covering all levels of the society. The findings show that the perceived risk is connected to the level of correct and believable information offered to customers. It has been confirmed that the respondents trust cashless payment technology, and at the same time, self-efficacy had a lower impact on usage continuance intention. Consequently, the growth of self-efficacy would strengthen the intention to use cashless technologies. Several segments in the financial market may benefit from the results and develop more appropriate and reliable systems and the proper approach toward customers with needed information and insurance related to the security and benefits they may have by adopting the cashless technology.

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INDIA@75: ASSESSING INDIA’S USE OF SOFT POWER AS A FOREIGN POLICY INSTRUMENT

INDIA@75: ASSESSING INDIA’S USE OF SOFT POWER AS A FOREIGN POLICY INSTRUMENT

Author(s): Mohammad Reyaz / Language(s): English Issue: 1/2023

The term soft power has become a catch-all-phrase for public and cultural diplomacy since Joseph Nye introduced it in 1990. India has had several historical and cultural advantages regarding its influence in foreign countries. While India and Indians enjoyed goodwill in most countries, the sudden interests in India among the policymakers, businesses, and politicians were mainly after the 1992 economic liberalization that had opened the Indian markets to foreign investments. Besides the nation-branding exercises globally, New Delhi employed soft power instruments in countries it deemed to have more significant interests, from traditional allies like Bhutan and Afghanistan to the countries in the West in the last three decades. Nevertheless, how successful has India been in exploiting its cultural linkages and using its soft power in its branding? This question becomes pertinent as, in recent years, India has often received negative press coverage in international media, and on several freedom/democratic indices, its rankings have gone down. As India celebrates 75 years of independence as Azadi ka Mahotsav (a grand celebration of independence), this paper assesses the scope of its soft power as a foreign policy instrument, points out its shortcomings, and recommends the possibilities.

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THE EXPLOSIVE UKRAINIAN MIGRATION DUE TO THE RUSSIAN ARMED CONFLICT IN 2022: THE CASE OF BULGARIA

THE EXPLOSIVE UKRAINIAN MIGRATION DUE TO THE RUSSIAN ARMED CONFLICT IN 2022: THE CASE OF BULGARIA

Author(s): Rossen Koroutchev / Language(s): English Issue: 1/2023

In this work, we have studied the evolution of the Ukrainian refugee crisis in Europe during the first several months after the beginning of the armed conflict on 24 February 2022. We have also talked about the influx of Ukrainians into Bulgaria, where there has reportedly been the biggest wave of refugees in recorded history. By using official statistics and structured interviews with Ukrainian refugees in Bulgaria, we have analyzed the specific evolution of the immigrants, their profile, and the governmental policies for better integration of them into the labor market and within the society. Our key arguments are mainly related to the fact that such policies must be successful for most Ukrainian immigrants and refugees due to the similarities between Ukraine and Bulgaria regarding traditions, education, and historical ties. Our conclusion confirms these arguments but also mentions several problems related to the low wages, the limited childcare, and the heavy bureaucracy.

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OPEN BALKAN INITIATIVE: A CONTESTED ISSUE IN THE EU MEMBERSHIP PERSPECTIVE

OPEN BALKAN INITIATIVE: A CONTESTED ISSUE IN THE EU MEMBERSHIP PERSPECTIVE

Author(s): Elton Tota,Gjon Culaj / Language(s): English Issue: 1/2023

The Open Balkan is the latest regional initiative in the Western Balkans (WB), firstly named as Mini-Schengen and then changed to Open Balkan Initiative (OBI), which aims to increase the regional economic cooperation among the WBs by going beyond the mere objective of creating a Common Regional Market (CRM). This paper using an analytical approach, taking into account data and information, has identified and highlighted the openly declared objectives of the OBI while comparing it with the previous Berlin Process. Also, the paper has shown that the disputes among the WB countries most inherited from the unresolved issues of the past are still present and hinder the progress towards a common future and EU membership perspective. The reactions to the OBI proved that even the creation of mere economic cooperation is hardly achieved in the case of other existing unresolved issues of the past and continues to remain open. This paper has highlighted the existence of mistrust among the WBs, the importance of increasing regional cooperation, and the role that the EU should inevitably play. The paper has concluded that to achieve the targets defined in the OBI, the WBs should enhance regional cooperation and overcome the challenges they have been facing.

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RULES-BASED INTERNATIONAL ORDER AND US INDO-PACIFIC STRATEGY: WHAT DOES IT MEAN FOR CHINA’S BRI?

RULES-BASED INTERNATIONAL ORDER AND US INDO-PACIFIC STRATEGY: WHAT DOES IT MEAN FOR CHINA’S BRI?

Author(s): M Jashim Uddin,Raymond Kwun-Sun Lau / Language(s): English Issue: 1/2023

The third decade of the 21st century has witnessed more tensions, instabilities, and new alliances in the Indo-Pacific/Asia-Pacific region due to intensifying rivalry and strategic competition between the US Indo-Pacific Strategy (IPS) and China’s Belt and Road Initiative (BRI), two grand strategies of the US and China respectively. This article aims to assess the Rules-Based International Order (RBIO) and comprehend Biden’s IPS, particularly exploring how the Indo-Pacific Economic Framework (IPEF) may impact China’s BRI. This paper argues that RBIO is debatable and not universal. It is also argued that while the IPEF unveiled by President Biden represents a strategically important step forward, a long-term US genuine commitment to its implementation to counter China’s BRI is essential. The methodology of this research is primarily based on secondary literature and official documents. This study concludes that although China is reluctant to pay too much attention to the US IPEF in its official statements, China is concerned about this economic initiative. The paper also concludes that because of the intense US-China rivalry, new alliances will emerge in the region leading to a new cold war or new world order.

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LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2022

The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.

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LOCAL SELF-GOVERNMENT, COMMUNITY, AND SOCIAL SERVICE DELIVERY IN KOSOVO

LOCAL SELF-GOVERNMENT, COMMUNITY, AND SOCIAL SERVICE DELIVERY IN KOSOVO

Author(s): Ferdi Kamberi,Zeqir Hashani / Language(s): English Issue: 2/2023

Community development is vital in networking and creating social capital. Local governments in Kosovo cooperate closely with their communities by offering public and social services, inclusivity, and social integration. This cooperation increases active citizenship, community development, social welfare, and local democracy. This paper aims to research and analyze the relationship between local governments and their communities, focusing on providing social services. The applied methodology included a quantitative survey of 300 respondents from three municipalities: Pristina, Fushe Kosove, and Obilic, targeting citizens aged 18 and above of both genders. The results show that local authorities in these municipalities offer community services and include their communities in policy-making and decision-making. While they also offer social services, community-based services should be restructured, and local authorities should pay more attention to empowering the community more comprehensively.

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Патриотизъм, национализъм и настроения към ромския етнос в България
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Патриотизъм, национализъм и настроения към ромския етнос в България

Author(s): Plamena Stoyanova / Language(s): Bulgarian Issue: 3/2023

The political changes after 1989 in Bulgaria and the country’s difficult economic transition, temporarily led to a decline in patriotic feelings among the Bulgarian people. With few exceptions, such as Bulgaria's triumphant performance at the 1994 World Cup, which led to unprecedented national pride, the idea of belonging and unity began to dissolve in the harsh and uncertain conditions of the transition from socialism to a market economy. This led to a deterioration of relations in Bulgarian society, a sharp revision of values, a decrease in tolerance, and the entering into everyday life of the so-called language of hatred. Political parties were created which, under the guise of patriotism, openly promoted more radical sentiments toward various types of minorities. An increase in domestic crime at the time proved to be a fertile ground for such rhetoric. The fact that from the beginning of the new millennium until now, some Bulgarians have been invariably supporting nationalist parties, shows that these political formations are an expression of permanently present sentiments in the Bulgarian society. The current text will focus on nationalist manifestations towards the second-largest ethnic minority in the country – the Roma. For this purpose, specific events will be examined and analysed, and an attempt will be made to provide answers to several questions such as: What is the role of the Bulgarian minorities in these nationalist attitudes? Is it possible to build an identity based on the rejection of the other, and what are the manifestations of this rejection? How do such manifestations of intolerance and confrontation reflect on the identity of the minority itself? Who benefits from this rhetoric, and what are its consequences for the Bulgarian society?

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