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.
Suriyeli sığınmacıların Türkiye’ye adaptasyonlarının sağlanması ve asgari yaşam standardı elde edebilmeleri için çalışma haklarına erişimleri sağlanmalıdır. Sığınmacıların çalışma izni almasında uygulamada büyük sorunlar çıkmaktadır. Suriyeli sığınmacıların çalışma izinleri süreci, başlangıçta özel bir hukuki düzenlemenin yokluğu ve düzenlemelerin çıkarılması ardından ise çıkarılan yönetmeliklerdeki hükümlerin belirsizliği ve uygulanmasında yaşanan problemler nedenleriyle halen sıkıntılıdır. Yabancıların çalışma izni alması, genel itibariyle zorlu bir süreç iken, söz konusu yabancı bir mülteci veya sığınmacı olduğunda, daha da zorlaşmaktadır. Suriyeli sığınmacılar genel olarak YUKK m. 91’de düzenlenen geçici koruma kapsamında korunmaktadırlar. Geçici koruma sağlananlar için çalışma izinleri ayrıca Geçici Koruma Yönetmeliği m. 29’da ve bu madde doğrultusunda çıkarılan “Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik”’te özel olarak düzenlenmektedir. Ancak hem bu düzenlemelerde boşluk olan durumlarda genel çalışma izni hükümlerine referans verilmesi hem de yabancıların ile 1951 BM Mültecilerin Hukuki Statüsüne İlişkin Sözleşme kapsamında ve YUKK m.61 kapsamında korunan mültecilerin durumu ile kıyasla değerlendirilebilmesi için, öncelikle genel hükümlerden bahsedilmesi yararlı olacaktır. Ardından Geçici Korunan Yabancılar için getirilen özel hükümler incelenerek, son olarak uygulamada çıkan bazı sorunlar, mevzuat ışığında değerlendirilecektir.
More...
This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Seven Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 3 October 2014, traditionally provided a stage for prominent academics, dedicated PhD students and professionals to discuss contemporary topics related to multiple aspects of the European integration, its effects on the Bulgarian economy, socio-economic environment, international business and relations, finance and politics. The authors in this edition of the book thoroughly reviewed the economy of the Euro area and the EU as it progresses after the latest recession. A Group of authors focuses attention on the banking sector, monetary aspects and inflation, the development in the Economic and monetary union within EU, the Single Supervisory Mechanism and the overall competitiveness and recovery of the European markets. Cross-border partnership with EU neighbours and related instruments, cohesion among the EU member states, experience with the European funds and corresponding public procurement process are another thematic cluster discussed in the book. The researchers increasingly examine subjects related to the energy policy and security, the EU energy policy development and actions in particular. The contributors review matters related to the renewable energy sources, the establishment of the European Energy Union and other institutional and policy developments on supranational level. Another thematic cycle in the book is related to matters concerning the corporate management, business strategy and marketing, new markets expansion and interculturalism. This is intertwined with papers dedicated to the education, human resource involvement and adaptation to the working environment, research and innovation. ‘The Membership of Bulgaria in the EU: Seven Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.
More...
The year of grace 2020 brought a unique situation for our society, in the context of pandemic situations never seen before by contemporaries. The danger of losing one's life but also the fear of the unknown has determined and continues to determine a state of insecurity that is fundamentally reflected in all areas of society. Of course, the sphere of trade could not be avoided, this very important area of the economy being severely affected by all the measures that have been taken to combat, limit and prevent the spread of the virus. Thus, the commercial contracts suffered, the non-executions of the contract being very common, just as the delays or non-conformities increased. Also effects on trade were the decreases in the number of transactions and the clientele that used the goods/services of traders, given the travel limitations and restrictions imposed during emergencies and/or alerts.
More...
The paper presents the arguments of the Court of Justice of the European Union (CJEU) in case Dietrich (C-422/19) and case Weiss (C-493/17), which concern the analysis on the compliance of the national law and regulations adopted by the European Central Bank (ECB) with the primary sources of European law (Treaty on the Functioning of the European Union - TFEU) and with the mandatory rules of the Statute of the European System of Central Banks (ESCB). Pending disputes, both in Germany, have reopened the subject previously discussed in the case Gauweiler (C-62/14), concerning the adoption of rules alleging that monetary policy limits have been exceeded and that the ban on monetary financing has been infringed (Article 123 TFEU). In the case Dietrich CJEU examined the concept of means of payment accepted in the euro area, in the case Weiss there is an analysis on the program of acquisition of the public sector in secondary markets, formally adopted and implemented for more than three years, while case Gauweiler verified the conformity of the program for the purchase of government securities issued by euro area Member States. The paper reveals the competence of the CJEU to verify the rules by which monetary policy measures are implemented and it proves the extension of the EU monetary policy effects outside the euro area, through the influence of the CJEU jurisprudence in the legal system of all Member States.
More...
With the Communication from the Commission, entitled "Single Market Act" of 2010, on the Europe 2020 Strategy, the issue of the internal market is relaunched by the European Union institutions. The field of progress of the internal market is oriented towards the digital single market - PUD. The European Union is thus becoming a digital player, which means for the Member States a transformation and adaptation to the information society. A key role in the completion of the digital internal market is played by the Commission, which has tabled numerous legislative proposals since 2010, in parallel with the European Parliament, which has adopted a number of resolutions to this effect. In the context of these regulatory concerns, many questions are emerging about how the digital single market responds to the needs of citizens, businesses and beyond.
More...
The Slovak Act on the Protection of Competition prohibits the public authorities from restricting competition by providing evident support giving advantage to certain entrepreneurs, or in any other manner. This national regime of protection against anticompetitive interventions by public authorities evolves alongside the European one. The issue of a normative administrative act, the issue of an individual administrative act (or failure to issue such act, where it should have been issued), adoption of decision by a representative body or conclusion of a contract were identified as vectors of unlawful intervention into competition. The creation of a situation of inequality of income, costs or obligations of undertakings (or tolerating such situation), the creation of barriers to the participation in the market or giving advantage to certain undertakings in their competitive or supplier/customer relations were declared as having anticompetitive effect.
More...
The paper deals with pricing algorithms in the context of competition law. Antitrust authorities around the world are concerned about the fact that pricing algorithms with even relatively low level of sophistication tend to cooperate without specific instructions, what may lead to their tacit collusion challenging current antimonopoly regulation. Negative impact may be seen in prices set above the market level and suppressed competition which may bring damage to consumers. Current legislation is not prepared for such technological advancement. The paper provides an overview on possible solutions for taking autonomous pricing algorithms under control.
More...
The law is not a frozen regulator of public relations and it must take into account sudden changes in the reality. In 2020, 2021, and in the beginning of 2022, our country and the world were hit by a major medical and social evil – the pandemic of the deadly disease COVID-19. It led to a number of changes in the legal framework of various relations in all parts of law, but the most it affected private relations. The state had to intervene through different mechanisms to protect the rights of subjects of civil and commercial law. For the first time on the territory of our country a state of emergency was introduced by an act of the National Assembly. Deadlines were suspended, force majeure and economic frustration were applied, video conferencing was introduced in court proceedings. It is important for science to pay attention to the specific manifestations of these phenomena and to study their application in the justice. Although most of the processes are related to a past stage, they remain relevant, because the events of early 2022 portend turbulent and risky days, no less safe than the already ending pandemic. The dangerous epidemiological situation is being replaced by a worrying high-risk inflation situation fuelled by a military conflict. The red light is still on.
More...
The main object of the present work is to make a short analize of the grounds and conditions for acquisition of own shares by a joint-stock company. The issue of the ban on the acquisition of own shares is also touched upon, paying particular attention to the interests of creditors and those of shareholders that may be affected. The various methods that the Bulgarian Commercial Law contains for the acquisition of own shares according to the statutory requirements are commented on, as well as the conditions for the acquisition of own shares according to Art. 187a, Para. 2 and Para. 4 of the Commercial Law, the conditions for redemption and the conditions for the redemption of shares with redemption privileges.
More...
This paper discusses the concept of guild and the status of guild organizations. This also necessitates the consideration of the issues related to the legal order and administration of justice in guild organizations. The statutes, punishments, collective supplies and sales characteristic of guild organizations, unfair competition, etc were examined. In conclusion it is said that the customs of the guilds can be accepted as the first written laws of the new Bulgaria, and their court – its first judicial institution.
More...
The article emphasyses on the newly adopted Trademark and Geographical Restrictions Act and its reference to the Madrid Agreement as it relates to the international trademark registration. A brief summary of the agreement and the order in which the registration takes place is presented. Special attention is also paid to the Protocol on the Madrid Agreement on the International Trademark Registration. In conclusion, advantages for the Republic of Bulgaria from the ratification of Madrid Protocol are reported.
More...Задължения на България
This development concerns the problem of jurisdiction and the execution of decisions in civil and commercial matters, as an essential part of the functioning of the EU. A detailed framework of Lugano Convention, its goals, content and interpretation is presented. The question is raised aboud the need for Bulgaria to join the Lugano Convention, as well as the possibility of Bulgaria’s parallel participation on the Lugano Convention and in the Hague Conventions on judicial cooperation.
More...
The issue of the moratorium interest and late payment penalty was discussed througout the practice of Supreme (Cassation) Court of Republic of Bulgaria and those of the Arbitration Court at the Chamber of Commerce and Industry. The concept of “accumulation” is being clarified. The author draws attention to the “non bis in idem” principle.
More...Влияние на правото на Европейския съюз
The article examines some of the new concepts in the Bulgarian Trademark and Geografical Indications Act (TGIA) from the perspective of EC law. The targets and structure of the First Directive of the Council of EC of December 21, 1988 for the convergence of the legislation of the member countries regarding trademarks, the Regulation of the Council on the Community Trademark, as well as the practice of ECJ are commented on. It is concluded that with the entry into force of the new TGIA, the international standards for the protection of industrial property will be adopted in the Bulgarian trademark law.
More...
The present work examines the legal regime for the protection of deposits in the EU and the current legislation in Republic of Bulgaria. Special attention is paid to the Deposits Guarantee in Banks Act. The author says that it is necessary to conclude that the regulatory framework of this matter in our country is build on the principles in this area, which are the basis of acts of the EU and the countries with a developed banking system.
More...
The purpose of this report is to analyze the extent to which it is possible to introduce a legal definition of ''business'' in the Bulgarian tax law. On the one hand, this may be a welcoming idea in order to clarify other relevant concepts. For example, the term ''business activity'' is outlined in the international tax law. On the other hand, national practice provides guidance on its legal features. This raises the question of whether the theory really needs to pay special attention to this aspect as well or whether there are a number of risks.
More...
The development of law is faced with many challenges, one of which is the creation and testing of new information and communication technologies. At the same time, the law must quickly react with a set of legitimate means of regulation in order to guarantee legal certainty in relations. Cryptocurrencies are a manifestation of rapidly developing technology that is entering civil circulation at an increasingly rapid pace. The paper aims to examine the concept of cryptocurrency, comparing it to the millennia-old fiat money. In addition, the research examines possible hypotheses of practical application.
More...
The report analyses the taxation of foreign persons' income from real estate sales on the territory of the Republic of Bulgaria and the problems that arise in practice. It focuses on the risks and the impact on the tax security of the country in relation to the topic. Attention is paid to the court practice and the practice of the National Revenue Agency (NRA).
More...
This report focuses on the subjects of liability for foreign tax debt, regulated in the provision of Article 19 of the TIPC, and is not intended to be exhaustive. A brief analysis of the matter related to the legal framework of the individuals who can be constituted as bearers of this type of legal responsibility – specific to tax law – has been made. The thesis that sole proprietors also fall into this category of individuals is substantiated, and the relevant case law of the Supreme Administrative Court has been examined.
More...