We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The article examines what domestic violence is, problems in practice, standards of proof, admissible evidence, meaning of the declaration under Art. 9 para. 3 of the Law on Protection from Domestic Violence, as well as the appellate proceedings.
More...
Since 2010 the European Union and its Member States have implemented a series of measures to respond to the European debt crisis. What is striking about these measures is that, for the most part, they have been adopted outside the domain of European Union law. The bilateral loans for Greece, the European Financial Stability Facility (EFSF), the European Stability Mechanism (ESM) and, most recently, the Treaty on Stability, Coordination and Governance (TSCG) are acts under international or, in the case of the EFSF, national (i.e. Luxembourg) law. However the establishment of a European Financial Stabilization Mechanism (EFSM), the adoption of a package of six acts aimed at reforming the Stability and Growth Pact and the introduction of Article 136(3) TFEU by means of Article 48(6) TFEU show that the EU has not remained inactive either. Even though these are not acts under European Union law, these steps nevertheless have to be in conformity with the EMU framework. Apart from competence issues, it is especially the „no-bail-out clause“, that is, Article 125(1) TFEU that raises questions as to the legality of this financial assistance. These legal objections also concern the provision of European Union financial help by means of the EFSM. Here the additional issue of whether the EFSM was based on the appropriate legal base, i.e. Article 122(2) TFEU is raised. In the following, it shall be analyzed whether the bilateral loans for Greece, the EFSF and the EFSM are compatible with these and other Treaty provisions. As far as the course of this investigation is concerned, the starting point will be the competences of the European Union in the field of economic policy. We shall then turn to Article 125(1) and Article 122(2) TFEU.
More...
‘Law: the art of good and fair?’ Being raised in the Austrian tradition of legal studies, which was considerably influenced by Hans Kelsen, this question seems to be difficult to answer from the perspective of legal positivism. That is so, because ‘good’ and ‘fair’ are attributes, positive law rarely resorts to. Rather they are qualities to describe law from an extralegal perspective. Therefore, this question cannot be answered in a general manner. It can only be answered in relation to a certain body of law. For reasons of topicality I have decided to answer this question with regard to what is usually referred to as ‘euro crisis’ or, more precisely speaking, with regard to the European responses to this crisis. There is reason to believe that some of the current counter measures not only seem to be highly problematic as concerns their legality, that is, their compatibility with the EU Treaties. We might also have reason to believe that they won’t achieve their aim, which is the prevention of a further crisis, as the very roots of the economic and monetary Union (EMU) are possibly flawed. Having said this, our field of investigation will be the policy field of EMU as enshrined in Articles 119-144 TFEU. This necessitates a journey back into history.
More...
With the gradual expansion of the European Union's external competence and its growing role on the international stage, the question of the connection and relationship between its autonomous legal order and international law gains particular importance. This is because for many years the discussion has focused on the relationship between Community law and the national law of the Member States, a question on which the jurisprudence of the CJEU has provided a clear and definitive answer since the beginning of European construction, while the thesis on the hierarchical place of the rules of international law has been gradually developing since the mid-1970s and is still under discussion. The purpose of this paper is to present in a general way some background to the complex and sensitive issue at stake, which is closely related to the analysis of the different types of international agreements concluded by the EU, the EU and its Member States (so-called mixed agreements) and some or all Member States with third countries. Primary law does not regulate the question of the relationship between the two legal orders, unlike the EU judiciary, which plays the leading role in this context. For this reason, this study is also based on an analysis of its jurisprudence.
More...
The concept of "maritime spaces" is included in various normative legal acts of the national legal system of the Republic of Bulgaria. When examining its use, it is found that the concept is often applied as aggregate category, without taking into account the specificity of individual zones and spaces, included in it. This presentation provides an insight into the use of the concept 'maritime spaces' in several key legal acts related to the subject matter. A refinement of the domestic legal system in the direction of synchronisation of wills of the legislator with Bulgaria's obligations under international treaties would help avoid the creation of legal preconditions for allowing contradictory interpretation of individual provisions. An unambiguous interpretation in the spirit of national traditions in law-making and jurisprudence and in accordance with international legal regulation would help to guarantee the uniform application of law, which is a generally accepted characteristic of the “rule of law”, based on law as an “art for the good and fair”.
More...
The legal issues related to the protection of the Black Sea coastal zone of the Republic of Bulgaria are particularly relevant in relation to the development of tourism, maritime transport and various types of nature use in this region. There are currently few publications in our legal literature devoted to the environmental and legal protection of our Black Sea coastal zone. A number of factors of a natural and mainly anthropogenic nature have a significant negative impact on the state of the environment in the Black Sea coast region. In this connection, the problem of protecting the beach, which, on the one hand, is an essential part of the Black Sea coast and, on the other, is a vulnerable natural resource whose degradation threatens the development of tourism in this part of our country, is becoming more and more relevant.
More...
The article is an attempt to raise a discussion. The Supreme Court of Cassation rulled that the shareholder's claim for damages which are caused to him by actions of the governing body is excluded. In such case, the possibility of a legislative change should be discussed, which would explicitly provide for a separate claim by the shareholder against the members of the governing body, when he, in his personal capacity, suffered damages from their actions. To avoid establishing a conflicting In practice, it seems to me that an amendment to the Trade Act in this direction is necessary.
More...
Тhe article examines the problems posed by companionship in the proceedings for annulment of an effective court decision. De lege ferenda proposals are made to improve the quality of our national legislation.
More...
The study is dedicated to the need for regulation of atypical forms of employment that are entering the Bulgarian practice. The article examines in details the individual forms of this kind of employment. Their common features are outlined. A proposal has been made that the mentioned in the article, as well as other forms of untypical employment, to receive legal regulation in the relevant groups of normative acts - normative acts on the promotion of employment and the Labour Code.
More...
The development of the additional voluntary pension security in the Republic of Bulgaria is the reason why hundreds of thousands of people are included in it. The article makes a detailed analysis of the rights of the secured persons in the additional voluntary pension security. The author divides these rights into two groups according to the moment of their implementation under the security legal relationship - rights that may be exercised before the realization of the covered social risk and those when the covered social risk is realized. Proposals have been made for changes in the legal regulatory, with the aim of stimulating the individuals to make additional security.
More...
The article examines the concept of outsourcing and the labour law problems that arise in its forms. The individual rights of workers and employees in this specific type of activity have been examined. The norms of the Labour Code and the case law in the Republic of Bulgaria and the Court of the European Union have been studied.
More...
The article is dedicated to the peculiarities of international organizations and the responsibility they should bear in their activities. The author analyses the text of 67 draft articles of a future convention, which should codify the responsibility of international organizations.
More...
The article is devoted to the conflict of laws rules in Regulation № 864/2007 of the Council of the EU, regulating obligations with an international element arising from acts of unfair competition. The volume of the conflict of laws norm and the link used in the Regulation have been examined.
More...
The article is dedicated to the possibility of prorogation of the jurisdiction of the courts in civil and commercial cases under Regulation № 44/2001 of the Council of the EU. The forms of the prorogation agreement permitted by the Regulation have been examined, as well as the legal effect of the prorogation clause.
More...
Іt is time that voluntary jurisdiction ceases to be an area of experimentation for the legislator. We now have the opportunity to modernize justice in this subject and to do so with the will of assuring its permanence in the future, from a position of consensus and progress and in a decidedly technical sphere of the jurisdictional Order. The article dealt with different aspects of legal reform in Spain related to voluntary jurisdiction and new proposals for distribution a competence between the court and Notary.
More...
This article reviews some basic problems, concerning the status of the officials in the tax administration regarding the modern Spanish legislation. Being determined are the functions of the State agency of tax administration (SATA), founded in 1990 by law and started work in January 1st 1992, and the serious and intensive debate about its statute – an executive authority, an autonomous authority or an institutionalized state organization. Its employees has a statute of civil service clerks, because they are authorized with the execution of public functions, such as managing, revision and collecting of taxes. Being analyzed are the competences of SATA to lead an independent and more flexible personnel politics according to its needs and in that case to avoid the intervention of the ministry of Public Administration. The accent in this article is put on the responsibility of the tax officials towards the actions they undertake in service. Being analyzed is the unlawful conduct of the officials, which principally is a reason for three different types of responsibility – civil, criminal and administrative. The attention is concentrated on the civil responsibility of the officials for damages towards individuals or the administration itself while realizing their service.
More...
The health Insurance Act (HIA) (effective 01.01.1999) introduced the compulsory (obligatory) health insurance and regulated the supplementary health insurance in Bulgaria. One of the major principles of compulsory health insurance is the negotiating between the NHIF and the medical care providers. According to the health Insurance Act, the financial relations between NHIF and the medical care providers are negotiated at two levels - national (by signing a National framework contract with the professional organisations of physicians and dentists) and individual (by signing individual contracts). The amendments in the HIA and the jurisprudence manifested the development of obligatory health insurance – from contractual to administrative character. The SAC defined (2003) the National framework contract as a part of insurance legislation. The HIA (amended 2010) determined the National framework contract as a normative administrative act. The contracts according to the HIA are typical administrative contracts despite the lack of legal definition in Bulgarian legislation.
More...
The author analyses the significance of socially dangerous consequences in the light of the crime system, having in mind mainly the regulation of section 1 "Murder" (chapter two of the Criminal Code "Crimes against the personality") and of the Article 54 of the Criminal Code.
More...
In the insurance market, either internal or external sales method can be selected to distribute an insurance coverage. The external distribution channel (also called the intermediary channel) is represented by insurance intermediaries; the internal distribution channel (also called the employee channel) by employees of insurance companies. The new/forthcoming regulation of insurance distribution brings several changes, and alters a number of important fundamentals of the regulation of insurance distribution, in consequence insurance intermediaries, too. One of the goals of a comprehensive amendment, the introduction of a new categorization of insurance intermediaries and removal of differences in the external and internal distribution of insurance. This article is focused on the analysis of insurance distribution aiming insurance intermediaries in the context of insurance market development as well as the changes in regulation of insurance distribution as it comes to both the Czech and European law. The aim is to analyze the groups with the impact of the new regulation.
More...
Deposit guarantee scheme is an important pillar of every modern financial safety net. During the global financial crisis, those schemes have undergone significant changes, which were the result of the need to cope with challenges caused by the recent crisis. In Poland, deposit guarantee scheme, which was established in 1994, plays an important role in providing financial stability in the financial system. In the new financial rules, introduced by the EU Deposit Guarantee Scheme Directive (2014/49/EU), some important changes have been introduced into its functioning, to provide greater level of harmonization of solutions between systems within EU. The main objective of this study is to present the most important changes introduced into Polish deposit guarantee scheme and to show some of the possible consequences of these changes for the Polish banking sector. A main research method used in this paper will be critical analysis of the literature connected with this subject and reports issued by the Polish deposit guarantee scheme. Results of this research will help to understand current problems of deposit protection in the Polish banking system.
More...
