ANALIZA SOCIJALNOG PODUZETNIŠTVA U HRVATSKOJ S KOMPARATIVNIM OSVRTOM NA REGULATORNI OKVIR

Author(s): Ružica Šimić Banović,Ina Vojvodić / Language(s): Croatian Issue: 2/2019

The article presents the results of the comparative analysis of the regulatory frameworks of social entrepreneurship in selected EU countries. It seeks to provide insights into the issue that would be of value for Croatia. Additional contribution of the research is the SWOT analysis of social entrepreneurship in Croatia based on the information obtained in the semi-structured interviews with key entrepreneurs and experts in the field. The purpose of the article is two- fold: firstly, to reaffirm social entrepreneurship and its potential, and secondly, to enhance the understanding and contribute to the discussion on the attempts to improve social entrepreneurship in Croatia.

CONSUMER PROTECTION AND NEW CONTRACT LAW IN THE EUROPEAN UNION AND IN ITALY

Author(s): Tiziana Rumi,Angelo Viglianisi Ferraro / Language(s): English Issue: 1/2020

This paper deals with the recent normative modifications introduced in the European Union by the Directive 2011/83/EU (aimed to realise a full harmonisation of member states’ rules in some aspects of consumer and contractual law), and consequently in Italy, through the Legislative Decree No. 21/2014 (which transposed the supranational source). As it is known, the principal legal instruments used in the last years by the EU to protect the weak parties are the ‘information duties’ and the ‘right of withdrawal’. The new rules try to strengthen them, but the implementation of the European Directive in Italy gives rise to many arguable points and perplexities.

Трудовоправна рамка на образователните политики за конкурентност на пазара на труда

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian Issue: 4/2020

The article examines the actual norms of the labour and insurance law, regulating forms and educational policies, directed to the increase of the competitiveness of the workers and employees on the labour market. Accent in the exposition is on the national norms, as well as on the European policies related to the synchronization of the intern regulations with the European one. Based on the examination the authors make conclusions and recommendations for improvement of the legislation and adaptive to the new requirements practice of the employers.

РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.

Нужен ли е нов закон за футболното хулиганство?

Author(s): Ekaterina Mihaylova,Boris Mihaylov / Language(s): Bulgarian Issue: 1/2020

This article examines the term “football hooliganism” and its legal regulation. It analyses Bulgarian and European legislation on football hooliganism. It further discusses in details the 2018 amendments of the Protection of Public Order at Sports Events Act that employs new methods for tackling with this negative phenomenon.

Opinia prawna na temat beneficjenta rzeczywistego w przypadku spółki kapitałowej, której jedynym (100%) udziałowcem czy akcjonariuszem jest zakon bądź jego jednostka organizacyjna (prowincja zakonna, opactwo, klasztor niezależny, dom zakonny)

Author(s): Dariusz Walencik / Language(s): Polish Issue: 23/2020

The aim of this legal opinion is to address the following question: Who is the real beneficiary of a limited company in which the only (100%) shockholder or shareholder is an order or its organizational unit (a monastic province, an abbey, an independent monastery or a monastic house)? The analysis of Polish law and canon law leads to the conclusion that in the case of a limited company whose only (100%) shockholder or shareholder is an order or its organizational unit (a monastic province, an abbey, an independent monastery or a monastic house), the real beneficiary is the competent higher superior of this order as well as members of its council. These persons satisfy the conditions specified in art. 2 para. 2 of the act of 1 March 2018 on countering money laundering and financing of terrorism, because they are a group of natural persons who exercise direct control of the company due to the entitlements they have (shareholders’ meeting/general meeting), which make it possible to exert a decisive influence on the actions or activities undertaken by the company. This is so because it is a group of natural persons who exert control over a legal person (an order or its organizational unit) who is entitled to hold more than 25% of the shares of the company stock and more than 25% of the voting rights in the decision-making body of the company (art. 2 para. 2 point 1 letter a and tiret three of the act on countering money laundering and financing of terrorism).

Изпълнение на публичните държавни вземания по чл. 162, ал. 6 от Данъчно-осигурителния процесуален кодекс

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 9/2019

The public state receivables, regulated in art. 162, par. 6 Tax and Social Security Procedure Code have a number of specifi cs, caused by the nature and type of the offenses from which they arise, the bodies, which establish them, the acts, which make them liquid and due and the order for their execution. The article examines precisely the procedure for execution of public state receivables, regulated in the abovementioned provision.

LIABILITY EFFUSUM ET DEIECTUM FROM ROME TO THE CONFIGURATION OF ART. 1910 OF THE CIVIL CODE: SAFETY AND HEALTH IN PUBLIC HIGHWAY

Author(s): Jose Luis Zamora Manzano / Language(s): English Issue: 2/2020

One of the problems that arose in urban development of the city of Rome was insulae overcrowding and congestion, which affects numerous parameters such as habitat protection of the city itself, given the need to evacuate and canalise organic waste products produced by human activity, the citizen's health and to guarantee the safe transit of pedestrians who often had to circumvent the road to avoid damage the caused by the spillage thrown from buildings, hence the study of the edict effusis vel deiectis whose footprint is inserted in art. 1910 of the civil Code.

LA RÉCEPTION DU DROIT ROMAIN RELATIF AUX CRIMES CONTRE LA PERSONNE DANS LE CODE DE MOLDAVIE (1646) ET LE CODE DE VALACHIE (1652)

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2020

The Moldavian Code from 1646 and the Wallachian Code from 1652 belong to a codification movement that started in Western Europe in the XVIIth century. They comprise, in general, the works that gather the positive law texts according to the nature of their source. As to the criminal dispositions from the Moldavian code, their only source is a Neogreek abstract of the work of the Italian criminal specialist, Prosper Farinaccius (Praxis et theoricae criminalis) which will equally be integrated by the Wallachian code. The article presents the Roman sources of the two codes regarding the person, related to the works of Farinaccius.

СРАВНЕНИЕ НА РИМСКОТО ПРАВО С ДЕЙСТВАЩОТО ПРАВО И ПОЗИТИВНИТЕ МЕТОДИ ЗА УПРАВЛЕНИЕ НА КОНФЛИКТИ

Author(s): Gema Vallejo Perez,María Consuelo Morán Astorga / Language(s): Bulgarian Issue: 2/2020

Alternative procedures to the judicial way existed in the Roman Law to solve controversies; many of them emerged in the family environment and in the business world. At present, through Mediation, Negotiation and Arbitration (Alternative Dispute Resolution – ADR), more favorable agreements can be obtained for the interests of both parties. In addition, these ADR methods protect privacy and avoid distress that damage the health and destroys the future relationships between the parties. The objective of this work was to compare the alternative strategies existing in the Roman Jurisdiction with the ADR methods used at present. This meta-analytical study consisted in the bibliographic revision of roman documents to compare them with the sources of current Law. The results inform that, in both, Roman Law and Current Law, alternative strategies like ADR, offers important advantages to the judicial way. They can be highlighted: the preservation of privacy, the good reception of the resolution by the parties, a more positive management of emotions, and a preservation of good relations between the parties. Both in Roman times and in our times, these aspects have special relevance in the field of the family and also in private businesses.

СРАВНЕНИЕ МЕЖДУ ТЕОДОСИЕВИЯ И ЮСТИНИАНОВИЯ КОДЕКС

Author(s): Gisella Bassanelli Sommariva / Language(s): Bulgarian Issue: 2/2020

The Theodosian Code has been object of many studies in the last thirty years, therefore repeating a comparison between Theodosian Code and Justianian Novus Codex seems of considerable interest. So topics that induce to consider CTh. 1.1.6 merely interpretative of CTh. 1.1.5 are studied in this perspective (the most cogent reason is represented by the issues arisen by the Commission in charge of selecting of the western normative material arrived in Costantinopoli almost certainly before 435). In conclusion it seems right to consider Codex published in 438 to be actually the achievement of the first part of the project elaborated in 429. At last the author formulate hypothesis about the reasons why the project of drawing up the Codex magisterium vitae had been abandoned (abandon decided in 435 when codes took the name of the emperor). In relation with Novus codex the author examines the project formulated in 528, the chancellery’s legislative activity during the code editing and the Summa’s provisions related to the legal writings. The conclusions achieved by the author are verified basing on laws regarding writings of classical legal authors dated between autumn of 529 and summer of 530. This exam suggest hypothesis about the decision of editing the Digesta.

Claims of travel agents in case of insolvency of the organizer of tourism in the light of EU directives

Author(s): Patrycja Dolniak / Language(s): English Issue: 3/1/2018

The aim of the study is to analyse the protection scope of claims of insolvent travel agency’s customers under EU law. The thesis assumes that the protection granted to the customers by the EU legislator covers all financial claims that may arise as a result of the failure of the tourist event in the consequence of the insolvency of the trader. At the same time, the tendency of the EU legislator is to deepen the scope of protection granted to the customers, through, among others, expanding the catalogue of entities benefiting from increased normative protection This extremely broadly defined by EU law standard of customer protection means that any incoherence to the rule, permitted by national legislation, will constitute an improper implementation of the Directive. This in turn can lead to a Member State’s liability. The topicality of the above mentioned problem increases the requirement for maximum harmonization of the legislation of Member States introduced by Directive 2015/2302, the implementation deadline for which is January 1, 2018. The aim of the EU legislature is to bring the rules of the Member States closer together so that customers can enjoy a homogeneous range of protection, regardless of where they purchased a tourist event.

Regulation of access to postal infrastructure in Poland on the example of selected European Union countries

Author(s): Anna Drab-Kurowska,Michał Kuściński / Language(s): English Issue: 3/1/2018

The purpose of the article is to attempt to recognize the problem which is access to postal infrastructure in the context of selected European countries. The article presents the following research hypothesis – Increasing the use of postal infrastructure will allow for more effective management and an increase of competitiveness of postal operators. In reference to the assumed goal and adopted hypothesis, the following research question was posed in the article – which model of cooperation in the field of access to postal infrastructure is appropriate? In an attempt to answer the question, the article refers first to the situation on the postal market in Poland. Next, it concentrates on the essence of the postal infrastructure, referring to the basic elements. In addition, it focuses on presenting elements with which the postal operators can achieve a synergy effect. The key element of the article is the presentation of proposals for measures to increase the efficiency in the provision of postal infrastructure.

ENFORCEMENT OF THE EUROPEAN UNION LAW BEFORE THE ALBANIAN CONSTITUTIONAL COURT AND THE HIGH COURT

Author(s): Gentian Skara,Bojana Hajdini / Language(s): English Issue: 3/2021

With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.

Problem kwalifikacji przedsięwzięć na tle koncepcji prawnej ocen oddziaływania przedsięwzięcia na środowisko

Author(s): Kamil Olzacki / Language(s): Polish Issue: 13/2021

The rapidly approaching climate challenges call into question the effectiveness of national and European environmental protection procedures. The author has tried to outline the general legal framework of the EU environmental policy, present the sense and meaning of the Principle of Preventive Actions and the Precautionary Principle, and then describe the EU and national standards regulating the environmental impact assessment procedure. The paper aimed to evaluate the regulation in the scope of the discussed institution, with particular emphasis on those provisions regulating which project shall be made subject to an assessment. For this purpose, the author used the dogmatic-legal method and analyzed the literature. The analysis of the discussed issue showed that, against the background of the current regulations shaping the legal framework for the environmental impact assessment procedure, a specific problem of project qualification emerges. Casuistic exemplification of projects that shall be made subject to an assessment may lead to a specific gap, which enables the implementation of even highly environmentally hazardous investments without the need to conduct an environmental impact assessment. For the institution discussed in this paper to effectively counteract the implementation of any investments that may pose a threat to the environment, it is necessary to change the current regulations shaping its legal framework accordingly.

Przemysław Zdyb, Postępowania administracyjne przed Prezesem Urzędu Regulacji Energetyki, C.H. Beck, Warszawa 2020

Author(s): Łukasz, Dawid Dąbrowski / Language(s): Polish Issue: 34 (2)/2021

ПРОИЗХОДЪТ И ВЛИЯНИЕТО НА ШВЕЙЦАРСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Jean-Philippe Dunand / Language(s): Bulgarian Issue: 1/2021

The Swiss Federal Assembly adopted the Swiss Civil Code on 19 December 1907 by roll-call vote and by unanimity of the members present. The code came into force on January 1, 1912. It was welcomed throughout the country as the "written will" of the Swiss. According to Prof. Walter Yung, the code strengthens the "Swiss feeling of being one people" and becomes one of the "spiritual treasures" of the country. Considered an example of clarity, simplicity and moderation, the Swiss Civil Code was soon reflected abroad and inspired the civil codification of many countries. Based on German legal sources, it "retains its characteristic appearance and combines a deep knowledge with purity of form, which provide the basis for an extraordinary flexibility, able to change according to all future changes, without losing its basic structure." The article consistently examines the origins and main sources on which the Swiss Civil Code is based, as well as its impact.

Wybrane aspekty odtwarzania celów w prawie gospodarki odpadami (cz. I)

Author(s): Marek Łazor / Language(s): Polish Issue: 14/2021

Although presented in many different ways in legal regulations themselves, waste management law purposes play a significant role in a legal norm reconstruction. They usually determine the choice of the management method assigned to a given waste stream and the form of protective measures to take. In the case of waste, one classified as hazardous in particular, incorrect reconstruction of the objectives of a given legal regulation may have measurably negative consequences, not only for the environment but above all for human life and health. The legal institutions regulating waste management that exist in the domestic legal system recurrently refer to the objectives and other values of the EU law. Thus they become an element of a broader European mechanism of environmental protection. The importance of values and, in many cases, the over-national character of the objectives strengthens the position of extra-linguistic directives in the process of interpreting the provisions of waste management law. This trend gets also reinforced by significant systemic changes currently taking place in this particular area of law, which is based on a complete re-evaluation of the principles of waste management through the construction of a closed-cycle economy system. The derivational concept of law interpretation, authored by Maciej Zieliński, due to its specific interpretative features, may be regarded as a crucial tool in the process of reconstructing the purpose of a legal norm in this intensely changing legislative area. The inspiration to discuss the issue brought up in the article is the demand, which has been raised for some time by legal dogmatics, to combine the theoretical-legal reflection with the problems of exact legal sciences as often as possible.

LE PROBLEMATICHE DEI SINISTRI MARITTIMI NEL PENSIERO DI CALLISTRATO

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2021

The research intends to examine the particular methods through which the jurist Callistratus dealt with the problems connected to maritime accidents and in particular to shipwreck, with special regard to the legal repercussions that ensued both in terms of the distribution of consequent risks and in terms of protecting and safeguarding transported goods.

SULLA CONDIZIONE GIURIDICA DEI „CAPTI A PIRATIS“ FRA TESTIMONIANZE LETTERARIE E GIURIDICHE

Author(s): Linda De Maddalena / Language(s): Italian Issue: 2/2021

What was the legal status of those who were captured by pirates? Certainly not the servile one, as emerges from the texts of Ulpianus (D. 49.15.24) and Paulus (D. 49.15.19.2). However, the fact that the prisoners were frequently sold as slaves by pirates in the markets raises numerous legal questions about their actual status libertatis. The deplorable phenomenon of the sale of free men ‘capti a piratis’ is also in literary sources and it is in the light of these testimonies that I try to provide a contribution to the study of the ‘de facto slavery’ of prisoners of the marauders of the sea.