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CSD-Report 26 - Countering Organised Crime in Bulgaria: Study on the Legal Framework
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CSD-Report 26 - Countering Organised Crime in Bulgaria: Study on the Legal Framework

Author(s): Maria Yordanova,Dimitar Markov / Language(s): English

The publication analyses and assesses the legal framework on countering organised crime and examines the problems, which arise in its practical application. On this basis, recommendations are made to improve the legislation and bring it into conformity with international standards and the existing good practices, as well as to overcome the weaknesses in the application of law which impede the detection and punishment of organised criminal activity or infringe fundamental principles of criminal procedure and the rights of the participants in it.

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CSD-Report 18 - Corruption in Public Procurement: Risks and Reform Policies
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CSD-Report 18 - Corruption in Public Procurement: Risks and Reform Policies

Author(s): Konstantin Pashev,Assen Dyulgerov,Georgi Kaschiev / Language(s): English

Public procurement is among those spheres in the management of the public sector in Bulgaria which are characterized by the highest corruption risk. Generally speaking, the abuses in this sphere relate to the awarding of the public procurement contract to a pre-selected supplier to the detriment of the public interest through violation of the principles of competition for the purpose of gaining personal benefit. // The report examines the corruption in public procurement and assesses the losses from it. It also focuses on big corruption in public procurement with a view to the fine-tuning of the policy tools. This type of corruption covers all transactions and procedures which fall or should fall within the scope of the public procurement legislation. These are most of the supplies whose price or qualitative parameters are subject to negotiation between the contracting authorities in the public sector and the suppliers from the private sector.

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Общественото доверие в правосъдието – инструмент за оценка и развитие на наказателната политика
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Общественото доверие в правосъдието – инструмент за оценка и развитие на наказателната политика

Author(s): Todor Galev,Alexander Stoyanov,Neli Dineva,Nina Denisova / Language(s): Bulgarian

The current publication analyses the findings of the survey on public trust in Bulgarian police and courts, including personal assessments about the level of corruption in these institutions and the subjective perceptions of fear of crime. Two main factors are moulding the public trust: the state institutions’ effectiveness, their procedural justice and their distributive fairness towards citizens, as well as institutions’ legitimacy, the legality of their actions and the shared moral principles, which build up the obligation to respect the rules and the decisions of these institutions. The publication suggests that Bulgaria should introduce a system of indicators for assessing the public trust in the criminal justice system. These indicators would be instrumental for the more comprehensive definition of the problems, which criminal justice institutions face, and for more effective monitoring of public opinion fluctuations.

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Програма за противодействие на корупцията в съдебната власт
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Програма за противодействие на корупцията в съдебната власт

Author(s): Author Not Specified / Language(s): Bulgarian

The Judicial Anti-Corruption Program has been developed by eminent Bulgarian lawyers, including magistrates, and has resulted from the combined efforts of influential non-governmental organizations, representatives of state institutions, and experts. In the course of the work the Program was presented to a number of state institutions, non-governmental organizations, professional associations, the media, experts and citizens so that they could provide their opinions, recommendations and proposals. A draft version of the document was discussed at a workshop attended by representatives of the stakeholders. The Judicial Anti-Corruption Program draws on most of the remarks and proposals received and is aimed to prompt a further debate on the discussed issues.

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From Victimhood to Citizenship
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From Victimhood to Citizenship

Author(s): / Language(s): English

The three essays we are presenting here for discussion may prove contentious in some readers’ eyes. they trigger a fundamental discussion on the self-image of the roma activists, and the goals they should be pursuing in the future. they sow seeds of doubt as to whether the roma movement is on the right track, and they are doing this, moreover, at a time when the eu commission, the eu member states are tasked with developing action plans for roma inclusion. nicolae Gheorghe welcomes the development options created by the eu’s initiative. he writes: ‘For the first time in history, roma have prospects of reflecting and playing an active part in bringing about social change. the role of roma opinion-makers is to suggest new approaches, focusing on integration rather than on being victims.’ But then, in the course of his argument, he calls for a moratorium: no more payments from the eu before a new strategy has emerged – an ethically grounded action scenario

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Zagrożenia twarzy w tłumaczeniu ustnym: pragmatyczne studium debat plenarnych w Parlamencie Europejskim
9.50 €

Zagrożenia twarzy w tłumaczeniu ustnym: pragmatyczne studium debat plenarnych w Parlamencie Europejskim

Author(s): Magdalena Bartłomiejczyk / Language(s): English

This monograph focuses on pragmatic aspects of simultaneous interpreting, and istherefore intended both for translation scholars and for linguists interested in interlingual transfer of pragmatic meaning. Efforts have been made to avoid dense, strictly scientific language and the use of unexplained specialist terminology in the hope that the book might also appeal to practicing interpreters and interpreter trainees, although it should be noted that its character is descriptive rather than prescriptive. The main problem under discussion is how simultaneous interpreters handle face-threatening acts and impoliteness directed by politicians at their opponents, and the authentic material under analysis comes from plenary debates of the European Parliament, which are routinely interpreted into all the official languages of the European Union. Chapters 1–4 are meant to set the scene. Chapter 1 presents the European Union as a multilingual institution, with a special focus on its translation and interpreting services. Chapter 2 zooms in on the latter, considering such features of plenary debates of the European Parliament that have direct consequences for interpreting, and also including an overview of existing research on interpreting for the needs of various EU bodies. Chapter 3 provides the pragmatic background to the study, shedding light especially on the crucial notions of “face,” “facework,” “face-threatening acts” and “impoliteness,” while Chapter 4 reviews existing research on facework performed by interpreters in various settings and interpreting modes.The author’s empirical contribution is presented in Chapter 5, which scrutinizes Polish interpretations of British Eurosceptics’ plenary speeches, in particular ones that fiercely attack and possibly offend the speakers’ political opponents. Five speeches undergo detailed discourse analysis covering all identifiable aspects of facework as performed by the original speaker and the interpreter, whereas a considerably larger corpus of source texts and the corresponding interpretations is analysed both qualitatively and quantitatively in terms of personal reference and impoliteness. The interpretations are searched, first and foremost, for signs of interpreting strategies at play during transfer of face-threatening input. Many of these strategies result in mitigation of the originally intended impoliteness. Chapter 6 develops this topic, endeavouring to find multifarious explanations of the pronounced trend towards mitigation by the interpreter within the wide framework of modern translation studies. Both this chapter and the final conclusions devote much attention to avenues for future research that would offer some possibilities of triangulating and complementing the results of thepresent study.

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Urzędnik jako strażnik realizacji ustawowych obowiązków wobec zwierząt
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Urzędnik jako strażnik realizacji ustawowych obowiązków wobec zwierząt

Author(s): / Language(s): Polish

The book contains articles written on the basis of the papers presented at the national conference entitled A civil servant as the guardian of complying with statutory obligations towards animals (Katowice, September 26, 2014), addressed to the public service workers and NGO activists. The authors would like the book to provide help in solving everyday legal problems. The organizers of the conference and the authors of some part of the papers are students who have been active members of the Scientific Society for Animal Rights and the Animal Rights Section of the Student Legal Counselling Centre. These two pioneering projects have been carried out since 2013 at the Faculty of Law and Administration, the University of Silesia in Katowice. The members of the Society are active both at the stage of creation and at the stage of application of the law. They analyze current legal regulations and address issues of animal rights – both noticed or unnoticed by the legislator. They attempt to propose and justify a favourable for animals interpretation of various regulations of Polish law, and seek out the possibility to correct and simplify legal procedures. Each year the society carries out educational programmes aimed at promoting the protection of animal rights. The following are among numerous undertaken actions: a training conference for the volunteers of NGOs, a course in humanitarian protection of animal for lawyers and legal apprentices, a course for the civil servants of the department for combating economic crime of the Regional Police Headquarters in Katowice and municipal and district police stations of the garrison of Silesia, as well as several national scientific conferences and seminars. Within the framework of the Animal Rights Section of the Student Legal Counselling Centre, the students provide free legal assistance to NGOs, and – extemporaneously – to other organizations and individuals. The experience gained by the students through their participation in the work of the Society or the Section has become a canvas for each part of this collective work. The topics of the chapters – selected by the authors themselves – focus on the analysis of the legal problems posed by the practical application of regulations concerning widely understood animal rights in the sphere of the public service.The book is addressed not only to the public service officers but also to the members and employees of non-governmental organizations whose statutory objective consists in the protection of animals.

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Dreptul românesc la 100 de ani de la Marea Unire. 
Dimensiuni și tendințe
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Dreptul românesc la 100 de ani de la Marea Unire. Dimensiuni și tendințe

Author(s): / Language(s): Romanian

The Great Union and the completion of the process of establishing the Romanian unitary national state represented a decisive moment in the modernization, occidentalization and development of Romanian law in the spirit of its traditions. In the 100 years since then, he has undergone great transformations in line with historical developments, presenting himself today as a complex legal system facing the challenges of European integration and the assertion of globalization.Thus, a multidimensional radiography of the state of Romanian law is required, by identifying the founding principles, the traits and the defining evolutions, the establishment of connections and interdependencies with European Union law, the influences of comparative law and the metamorphoses due to the impact of globalization.

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Pod hladinou: fakta a mýty o znásilnění
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Pod hladinou: fakta a mýty o znásilnění

Author(s): Kristýna Ciprová,Klára Cozlová,Jitka Čechová,Sigþrúður Guðmundsdóttir,Barbara Havelková,Tereza Hendlová,Hana Jandová,Lukáš Sedláček / Language(s): Czech

Vážené čtenářky, vážení čtenáři, znásilnění/sexuální násilí je ze své povahy nesmírně destruktivní čin, který však zůstává stále velmi rozšířený: každá čtvrtá žena a přibližně každý desátý muž se ve svém životě setká se sexuálním násilím. Tato alarmující čísla zdůrazňují nutnost věnovat znásilnění pozornost, a to komplexním způsobem. Bohužel problematika znásilnění zůstává z převážné většiny „pod hladinou“ – nezřetelná, nejasná, zahalená mýty a stereotypy. Tato publikace si klade za cíl pod tuto hladinu nahlédnout, rozčeřit stojaté vody a zkoumat problematiku znásilnění z různých úhlů. Texty v této publikaci proto pokrývají široké spektrum témat: právní úpravu znásilnění, zobrazení znásilnění v médiích, znásilnění seniorů a seniorek nebo vzdělávání policistů a policistek v oblasti práce s oběťmi znásilnění. Publikace dále přináší shrnutí výsledků Analýzy stavu pomoci obětem znásilnění v České republice, kterou realizovalo občanské sdružení Persefona v rámci projektu Stop znásilnění: program ochrany práv obětí znásilnění. V závěru publikace nabízíme také pohled na problematiku znásilnění v islandském kontextu. [...]

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Presude Europskog suda za ljudska prava vezana za zaštitu LGBT osoba
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Presude Europskog suda za ljudska prava vezana za zaštitu LGBT osoba

Author(s): / Language(s): Croatian

Borba za prava LGBT osoba na teritoriju Europe starija je od stotinu i pedeset godina, ako kao referentnu polaznu točku pravno-zagovaračkih aktivnosti uzmemo nastojanja pojedinaca, kao što su Karl Heinrich Ulrichs i Karl Maria Kertbeny, za dekriminalizacijom homoseksualnosti sredinom 19. stoljeća. Nešto kasnije, 1897. godine njemački seksolog Magnus Hirschfield uputio je tadašnjem pruskom parlamentu peticiju za dekriminalizacijom homoseksualnosti koja je prikupila oko 6.000 potpisa. Homoseksualnost je u kazneno-pravnoj teoriji i praksi od samih početaka bila tretirana kao kazneno djelo i tek je kroz prosvjetiteljski pokret i reformu kaznenih zakona predviđena kazna za homoseksualnost od smrtne kazne prešla u kaznu zatvora. Ovdje treba istaknuti i pojedine teoretičare prava, kao što je Jeremy Bentham, koji su još u 18. stoljeću objašnjavali potrebu za pravnim postavkama koje će dokinuti bilo kakvo kažnjavanje homoseksualnosti, a na koje smo čekali stoljećima, dok u pojedinim zemljama svijeta na njih još uvijek čekamo. Uloga prava u LGBT pokretu za emancipaciju i ravnopravnost LGBT osoba bila je, i još uvijek je, od velike važnosti. Posebno mjesto u toj borbi zauzima međunarodni sustav zaštite ljudskih prava. U okviru tog sustava izrazito važno mjesto ima Europski sud za ljudska prava, najučinkovitiji međunarodni mehanizam zaštite ljudskih prava. Njegova je praksa u posljednjih tridesetak godina nametnula važne standarde, ne samo u odnosu na dekriminalizaciju homoseksualnosti i ukidanje različitih dobi pristanka na seksualne odnose za homoseksualne osobe u odnosu na heteroseksualne odnose, već i u uspostavi zaštite LGBT osoba od nasilja i uznemiravanja te uživanju socijalnih prava.

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Vodič u postupanju: nasilje u porodici – Dodatak Priručniku za sudska razmatranja slučajeva nasilja u porodici u Bosni i Hercegovini
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Vodič u postupanju: nasilje u porodici – Dodatak Priručniku za sudska razmatranja slučajeva nasilja u porodici u Bosni i Hercegovini

Author(s): Nenad Galić / Language(s): Bosnian

Vodič u postupanju sadržinski je komplementaran Priručniku: Sudska razmatranja slučajeva nasilja u porodici u BiH i pripremljen je kako bi sudijama poslužio kao dodatni izvor korisnih informacija u vezi s nasiljem u porodici. Kao takav, vodič obrađuje oblasti koje se nadovezuju na teme i preporuke iz priručnika; ali sadrži i poglavlja koja obrađuju nove teme od značaja za sudsko razmatranje predmeta nasilja u porodici. Prvo poglavlje pruža sažet teorijski okvir nasilja u porodici koji je važan za cjelovitije razumijevanje kompleksnosti fenomena nasilja u porodici. U okviru ovog poglavlja definirano je zlostavljanje kao nasilje u porodici; objašnjeni su uzroci nasilja u porodici; ukratko su predstavljeni faktori rizika povezani sa nasiljem u porodici a koji se često u praksi pogrešno tumače kao uzroci nasilja; te je prikazana tipologija nasilnih veza i njen značaj za rad pravosudnih aktera. U drugom poglavlju predstavljena je tematika poznavanja konteksta nasilja u porodici, a kako bi sudovi imali potpuniju sliku prilikom razmatranja predmeta nasilja u porodici. U ovom dijelu posebno su predstavljene sljedeće teme: seksualno zlostavljanje kao nasilje u porodici, izloženost djece nasilju u porodici i posljedice nasilja na djecu, te davljenje kao oblik ekstremnog nasilja u porodici. Svako potpoglavlje sadrži praktična uputstva za sudije u vezi sa datom temom, s ciljem informiranja sudijske prakse tokom različitih faza krivičnog postupka.

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The European Court of Justice: Do all roads lead to Luxembourg?
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The European Court of Justice: Do all roads lead to Luxembourg?

Author(s): Allan Rosas / Language(s): English

The increasing tendency to submit questions of great political and constitutional significance to the European Court of Justice prompts the question whether the Court has become the arbiter of all major problems facing the European Union today. In discussing recent trends in case law, Judge Allan Rosas observes that de Toqueville’s description of the importance of the US Supreme Court could apply to today’s European Court of Justice. That said, the Court can only deal with questions that have been specifically submitted to it. In this paper the author refers to the EU’s external relations, asylum and immigration, economic and monetary policy, citizenship, the rule of law in general, and Brexit, as cases that would probably not have come before the Court were it not for the Treaty of Lisbon. Other explanations for the more recent reliance on the Court may be the inability of the political process to resolve the thornier issues facing the EU, and the fact that the Court is considered by many to be one of the more effective EU institutions. Finally, the author stresses the need for the Court to honour its judicial mandate and to do everything it can to preserve its legitimacy, an objective also furthered by the depoliticised appointment of judges through the so-called 255 panel procedure.

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Programy rządowe. Studium administracyjnoprawne
15.00 €

Programy rządowe. Studium administracyjnoprawne

Author(s): Sebastian Gajewski / Language(s): Polish

The subject of the monograph is the analysis of theoretical and legal problems related to planning in public and especially government administration, carried out on the basis of empirical research and supplemented by a comprehensive discussion of government programs established by the Council of Ministers. The author examines and discusses the features and legal nature of government programs and selected specific issues of their establishment and implementation. It also formulates a general assessment of the practice and legal framework of issuing and implementing government programs, and attempts to link this process with various theoretical trends in public administration management. The publication is the first in Polish literature of administrative law and administration studies to describe and analyze the phenomenon of government programs as an instrument of planning and management in public administration. It is addressed to people dealing with scientific law and administrative proceedings as well as the science of public administration, as well as law and administration and management students. It may also be helpful for government employees who are responsible for preparing and implementing the programs in question.

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Western Balkans 2020: State-Capture Risks and Policy Reforms
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Western Balkans 2020: State-Capture Risks and Policy Reforms

Author(s): / Language(s): English

SELDI’s Regional Anti-corruption Report presents the civil society’s assessment of the regulatory and institutional factors enabling corruption in the Western Balkans region and emphasises some of the priority policy issues. SELDI’s monitoring tools provide data on the changes in the actual proliferation of two types of corruption – administrative corruption (bribery), which affects individuals and businesses, and state capture (grand corruption) affecting the functioning of democratic institutions and the government. With respect to the latter, SELDI’s State Capture Assessment Diagnostics (SCAD) tool reveals the presence of strong environmental enablers such as ineffective public organisations which lack integrity, impartiality and robust anti-corruption protocols. It also shows symptoms of business state-capture pressure, i.e. monopolisation happening at national, sectoral or institutional level. The energy is among the risk sectors, due to its high levels of concentration, inefficient corporate governance structures of state-owned enterprises and lack of adequate regulatory oversight. Furthermore, SELDI’s Corruption Monitoring System (CMS) shows that the acceptability of corruption remains relatively high in the region, while citizens do not trust the governments’ ability or willingness to tackle the problem. The public procurements are an area of particular concern. SELDI’s assessment highlights that tenders are often designed to favour specific bidders, there is a poor compliance oversight, overuse of negotiated procedures, and a large number of tenders with only one bidder. The judiciary also faces several deficiencies: overlap of competences, lack of resources, and influence of the legislative and executive branches in the selection and promotion of judges and prosecutors. The authors underline that releasing the governance from the state capture grip can only be achieved by an alliance of reform-minded policy makers, civil society and international partners. The EU in particular would need to be more active in its political engagement with the Western Balkans, providing them with a clear perspective for the future. Stronger engagement would, however, need to ensure that the benefits of closer economic integration with the Union do not accrue exclusively to a small clique of privileged oligarchs. The overall process should also neutralise the harmful effects of authoritarian influence in the region.

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Rolul Curţii Constituţionale şi al Înaltei Curţi de Casaţie şi Justiţie în configurarea dreptului românesc după intrarea în vigoare a noilor coduri
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Rolul Curţii Constituţionale şi al Înaltei Curţi de Casaţie şi Justiţie în configurarea dreptului românesc după intrarea în vigoare a noilor coduri

Author(s): / Language(s): Romanian

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Функционална анализа права

Функционална анализа права

Author(s): Anja Bezbradica / Language(s): Serbian Publication Year: 0

The paper analyzes the jurisprudential literature regarding the functional analysis of law and postulates that there has not been significant research on the functions of law in jurisprudence. Starting from Merton's (Robert K. Merton) distinction between latent and manifest functions, we hypothesize that one of the reasons for the illusion of the ubiquity of the functional analysis of law in the legal literature is the conceptual identification of the terms goal (purpose, aim) and function in jurisprudence. In addition, due to the dominance of normative theories of law, even among authors who clearly separate the goal of law and its functions, dealing with the latter happens incidentally and on a high theoretical level. On the contrary, this paper intends to position the functional analysis of law where naturally belongs - in the field of empirical sociology, leaving the issue of law purposes to the philosophy of law. Additionally, like in Merton's theory, the author points to the need to provide ideological neutrality to the functional analysis, which could be achieved by rejecting the principles of classical functionalism. This means accepting that law does not always perform positive functions in society, that it can be functional for one unit of society and dysfunctional for another, and accepting the possibility for it to have functional alternatives. The analysis aims to provide a conceptual-methodological framework for future research on the functions of law.

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Adapting to Change Business Law insight from Today's International Legal Landscape
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Adapting to Change Business Law insight from Today's International Legal Landscape

Author(s): / Language(s): English

This volume contains the scientific papers presented at the Thirteenth International Conference „Challenges of Business Law in the Third Millennium” that was held on 17 November 2023 in online format on Zoom. The conference is organized each year by the Society of Juridical and Administrative Sciences in partnership with the Romanian Academy of Scientists. More information about the conference can be found on the official website: www.businesslawconference.ro. The scientific studies included in this volume are grouped into five chapters: • Emerging Corporate, Contractual Compliance and Ethical Issues in a Global Context. The papers in this chapter refer to: consequences for the breach of company directors duties: the USA perspective; the limited liability company from the perspective of the latest legislative changes in Romania; economic justifiability of work on Sunday, dilemmas and suggestions; consequences of confirming the restructuring agreement in the rescue procedure; implementation of the deposit-return system, an absolute first for Romania; precautionary measures to protect the debtor`s estate from insolvency proceedings; modern business with ancient tools: warranty against eviction in Roman law and its inheritance in the French, German and Italian civil codes; the rental contract in the HoReCa field, theoretical and practical aspects, respectively alternative dispute resolution methods (ADR) in the field. • Navigating Cross-Border Legalities. This chapter includes papers on: trafficking in human beings: particulars of criminal legal characteristics; the right to defence: an indispensable right for the rule of law; restorative justice between the need to bring to justice those guilty of committing international crimes and conventional crimes and the implementation of the national reconciliation process; certain legal aspects of family businesses in Hungary; coercive administrative measures applied in financial legal relations according to Bulgarian legislation; the „criminal” nature of the measure of suspension of the operating authorization of a legal person as a tax warehouse; tax evasion - between legality and crime; cumulation of disciplinary liability with other forms of legal liability. • Legal Perspectives on Technological Disruption in the International Sphere. The papers in this chapter refer to: changing circumstances and the crisis of international law: the rebus sic stantibus and its use in legal, political and contemporary history; the role of artificial intelligence in the digital banking system; possibilities for the use of artificial intelligence in the activities of the judiciary; MiCA: direct applicability coupled with challenges for the national legislation; peculiarities and controversies regarding the credit (financing) agreement; perspectives regarding the reconfiguration of rest time in current Romanian law – the right to disconnect. • International and European law Dynamics in a Changing Business Environment. This chapter includes papers on: international law: the lost metaphor? - reflections on the current wars; the operator in the environmental liability - the European Union and Portuguese regime; the protection of Ukrainian migrants in Portugal: from the international and European regime to Portuguese law; Romania’s accession process to the Organisation for Economic Cooperation and Development, prospects, advantages and compatibility; invalidity of treaties, as a legal sanction specific to public international law; constitutional aspect through the prism of international principles; • Practical and Administrative Considerations. Legal Implications. The papers in this chapter refer to: decentralization in public administration: redefining power for more effective governance; exercising the right of preemption in the field of national cultural heritage; the controversies of Israel judiciary reform; legal responsibility in the operating room in the particular case of retained surgical foreign bodies; effectiveness of the social protection system – with reference to the minimum inclusion income; quality and interest to address the Romanian National Council for the Settlement of Complaints in the field of public procurement in judicial practice; the double-edged sword of the lapse of the arbitral award as a ground for setting aside the arbitral award. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level. We thank all contributors and partners, and are confident that this volume will meet the needs for growing documentation and information of readers in the context of globalization and the rise of dynamic elements in contemporary business law.

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Doctrina ca izvor de drept - privire specială asupra recursului în interesul legii și deciziilor de neconstituționalitate

Doctrina ca izvor de drept - privire specială asupra recursului în interesul legii și deciziilor de neconstituționalitate

Author(s): Cornelia Beatrice Gabriela Ene-Dinu / Language(s): Romanian Publication Year: 0

Broadly speaking, doctrine represents law as conceived in theory; it explains and comments on legal rules, exposes legal theories, as well as the practical application of principles, showing the authors' opinions on legal issues. In a narrow sense, the term "doctrine" refers to an opinion expressed on a particular issue. Both meanings refer to a written or oral presentation of the science of law, which has a systematic or critical nature with regard to a certain legal matter, made by persons whose function is to study law. The manifestation of the doctrine is carried out in multiple forms, from treatises and courses which are systematic expositions in which each branch of law is presented as a whole; commentaries that explain the text of laws or judicial decisions, considered to be the oldest type of doctrinal works, in the form of the works of Romanian jurisconsults, compilations of practical materials, especially of judicial decisions or normative acts; legal monographs; studies, articles, etc. It is important to specify the role that the doctrine has on the legislative activity, application and interpretation of the law, especially with regard to appeals in the interest of the law and unconstitutionality decisions.

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Principiile fundamentale, un ”dat” al dreptului

Principiile fundamentale, un ”dat” al dreptului

Author(s): Elena Anghel / Language(s): Romanian Publication Year: 0

In its grand historical-spatial diversity, the law presents a permanent nature represented by a bunch of constants. The principles, in terms of ontology, give meaning to the law from the beginning of the society, namely before being discovered and worded by the law science. They substantiate law as a ”given” and guide the lawmaker in the construction of positive law. As the principles are the bases of the positive law, the values are crystallized, enshrined and protect by rules of law. Law must carry within equilibrium between the letter and spirit of laws. The entire official legislation, instituted by the state, in other words “the letter of the law”, must be went through by the “spirit” of law’s principles. The fundamental principles constitute reference points for the legislator, as well as for the practitioner, in the process of elaborating and applying the norms of positive law. Provided in the Constitution, they assume the function of harmonizing the positive law system and orientate the ordinary legislator’s will, being situated above its spirit. The legislator has the purpose only of discovering the spirit of the law and of formulating the principles, transforming the given of the law into the constructed. We all agree that the principles ensure the unity, cohesion, balance and development of the legal system. But are the principles formal sources of law? If we agree that they are exterior to the positive juridical order, what is hiding behind the principles of law? We are aware that behind law and jurisprudence exist institutions and people; behind doctrine, savants and law schools; behind common law lays the entire society; How about behind law’s principles? This is what I will try to find out in the present study.

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Издателският бизнес като част от творческите индустрии : Сборник с доклади от научен форум, проведен на 13 март 2024 г. в Конферентна зала на ИИСТТ, УНСС, съвместно с Асоциация "Българска книга" и "Сиела Норма" АД
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Издателският бизнес като част от творческите индустрии : Сборник с доклади от научен форум, проведен на 13 март 2024 г. в Конферентна зала на ИИСТТ, УНСС, съвместно с Асоциация "Българска книга" и "Сиела Норма" АД

Author(s): / Language(s): Bulgarian

The collection contains reports presented at the scientific forum "The Publishing Business as Part of the Creative Industries" financed with a subsidy for research of University of National and World Economy (UNWE) № NID NF-22/2024. The forum was held on March 13, 2024 in the Conference Hall of the Institute of Intellectual Property and Technology Transfer "prof. dr. Borislav Borisov", UNWE, Sofia, Bulgaria. Researchers and experts on various aspects of intellectual property presented papers on the following subjects: Improving the policies for stimulating patronage and donation in Republic of Bulgaria; Artificial intelligence and intellectual property: current issues and challenges for the publishing business; The role of data in the global publishing industry; Digital transformation in the publishing business; Current trends in the publishing business; Fair compensation for use under exceptions or limitations in the Bulgarian copyright and neighbouring rights act; Intellectual property in periodicals; Intersections between publishing and photography business and intellectual property rights management.

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