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On 12 November 2019, the Court of Justice of the EU (CJEU) issued a judgment on products from Jewish settlements in the Israeli-occupied West Bank and Golan Heights. It states that EU members are required to ensure that the origin is properly marked. The implementation of this requirement may cause disputes in the EU because of differences in Member States’ policies towards Israel. Tensions in relations with the U.S. are also possible, especially in the context of that country’s recent change in policy favouring the Israeli position on settlements. Hence, it is advisable for the EU to develop a uniform policy regarding imports and labelling of products from all occupied territories.
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Trybunał Sprawiedliwości UE (TSUE) wydał 12 listopada 2019 r. wyrok ws. produktów z osiedli żydowskich na okupowanych przez Izrael Zachodnim Brzegu i Wzgórzach Golan. Wynika z niego, że członkowie UE mają obowiązek zapewnić odpowiednie oznakowanie pochodzenia tych produktów. Realizacja tego wymogu może wywołać spory na forum unijnym z uwagi na różnice w polityce wobec Izraela poszczególnych państw członkowskich. Niewykluczone są napięcia w relacjach z USA, zwłaszcza w świetle zmiany ich dotychczasowej polityki wobec izraelskiego osadnictwa. Stąd wskazane jest opracowanie jednolitej polityki UE dotyczącej importu i oznakowania produktów ze wszystkich terytoriów okupowanych.
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The key priority for this (2004) and future Kosovo governments is to identify ways in which Kosovo can catch up with the rest of Europe. The overriding goal of Kosovo’s economic policy must be to bring about a substantial process of convergence towards European living standards within the next generation.To achieve this objective all government ministries, public institutions and agencies involved in formulating and implementing economic development policy – both at the central and at the local level – need a common strategic focus. The role of UNMIK, the European Union and of international donors is to support this focus on economic and social convergence and to assist with advice and – as part of the process of European integration – economic resources.
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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.
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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.
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Moldova faces major tax problems. One of the problems of the tax system in the Republic of Moldova, which requires urgent solution, is tax evasion by individuals. This finding is brought from their own conclusions made in several studies and reports published by the Tax Service. Total annual tax losses on the full range of tax evasion are currently not estimated. The most widespread way of tax evasion is the intentional violation of tax law. This type of evasion can be committed consciously by the individual by concealing, from the tax service, income and wealth. In Moldova this type of evasion is used on the largest scale. The main factor is impunity…
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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.
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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.
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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.
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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.
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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.
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The aim of this paper is to showcase the Czech and EU law that regulates supply of digital content and services and assess its general usefulness with regards to contractual practice and consumer protection. This is achieved primarily by analysing the present and upcoming law that regulates the said topic and its comparison with con- tractual practice on the market. The paper concludes, that in the digital market, consumers have little control over the contracts they can enter into. Many of these contracts are consumer-unfriendly or even illegal. The law offers several ways the consumer can de- fend their rights on the market, but these are not cost-effective.
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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.
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(First edition) This Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in the Federation of Bosnia and Herzegovina (the Guide) is produced under the Bosnia and Herzegovina (BiH) Commercial Justice Technical Assistance Project (Project) implemented by the World Bank and funded with UK aid from the UK Government. The objective of the Project is to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH, building on the recommendations of the UK funded 2016 Feasibility Study on Improving Commercial Case Management in the Federation of Bosnia and Herzegovina (FBiH). The Project is part of a broader World Bank initiative to raise awareness of reform opportunities and inform policy dialogue on the efficiency, quality, and access to justice across countries in the Western Balkans, with a view to improve the performance of justice systems in these countries. The Project comprises five components, as follows: (1) strengthening commercial departments and commercial courts in the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS), respectively, through analysis of caseloads and workloads, and providing recommendations to re-engineer processes, reduce backlog and strengthen court management; (2) fast-tracking small claims, based on results of comparative legal analysis of civil procedure in BiH and in several countries of the European Union; (3) increasing access to justice for Micro, Small and Medium-Sized Enterprises (MSMEs) through developing guides to increase legal literacy among firms; (4) capacity building through developing and implementing peer-led counseling and supplementary training for commercial judges; and (5) implementing procedural reforms to close loopholes and reduce bottlenecks in case processing through proposals for legislative amendments. This Guide is delivered under Project Component 3 - Increasing Access to Justice for MSMEs. Its purpose is to help the MSMEs in the FBiH to better understand court processes and gain basic knowledge necessary for self-representation at courts. The Guide provides answers to questions the MSMEs might have before deciding whether to litigate. The Guide is designed for MSMEs in the FBiH which do not possess formal knowledge in this area. A Guide of identical scope, structure and contents has been produced for MSMEs in the RS, reflecting specific features of the RS legal system and relevant regulation. The contents of the Guide and the topics addressed were defined based on broad consultations with representatives of business and legal community and the needs of the larger target audience. The Guide does not address all topics that might be of interest to some MSMEs, such as international litigations, labour disputes or administrative cases. These will be reconsidered during the process of revision of the Guide which will take place in 2020. The Guide uses a simple legal language and is written in a colloquial style, addressing directly a businessperson that considers using of court services. The first three chapters of the Guide introduce the notion of self-representation at courts and provide overview of the litigation procedure and organisation of the court system in the FBiH. Chapters IV-VII explain the rules of litigation step-by-step, providing guidelines for filing and responding to a lawsuit, preparing and participating at court hearings and filing an appeal. Chapters IX and X provide overview of special procedures that are important for businesses, such as liquidation and the bankruptcy procedure. Chapter XI explains the enforcement procedure, since implementation of judicial decisions is critical part of the judicial procedure. Finally, Chapter XII gives information on alternative dispute resolution methods, including characteristics, advantages and disadvantages of mediation and arbitration. Basic terms of litigation procedure are provided in the last chapter. Annex 1 provides information on ranges of court fees in each canton and links to the laws on court fees and calculators of court fees and costs of proceedings. Annex 2 provides contact details of courts as well as organizations or institutions that can provide additional referrals.
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(First edition) This Self-Representation Guide for Micro, Small and Medium-Sized Enterprises (MSMEs) in Republika Srpska (the Guide) is produced under the Bosnia and Herzegovina (BiH) Commercial Justice Technical Assistance Project (Project) implemented by the World Bank and funded with UK aid from the UK Government. The objective of the Project is to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH, building on the recommendations of the UK-funded 2016 Feasibility Study on Improving Commercial Case Management in the Federation of Bosnia and Herzegovina (FBiH). The Project is part of a broader World Bank initiative to raise awareness of reform opportunities and inform policy dialogue on the efficiency, quality, and access to justice across countries in the Western Balkans, with a view to improve the performance of justice systems in these countries. The Project comprises five components: (1) strengthening commercial departments and commercial courts in Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS), respectively, through analysis of caseloads and workloads, and providing recommendations to re-engineer processes, reduce backlog and strengthen court management; (2) fast-tracking small claims, based on results of comparative legal analysis of civil procedure in BiH and in several countries of the European Union; (3) increasing access to justice for Micro, Small and Medium-Sized Enterprises (MSMEs) through developing guides to increase legal literacy among firms; (4) capacity building through developing and implementing peer-led counseling and supplementary training for commercial judges; and (5) implementing procedural reforms to close loopholes and reduce bottlenecks in case processing through proposals for legislative amendments. This Guide is delivered under Project Component 3 - Increasing Access to Justice for MSMEs. Its purpose is to help the MSMEs in the RS to better understand court processes and gain basic knowledge necessary for self-representation at courts. The Guide provides answers to questions that the MSMEs might have before deciding whether to litigate. The Guide is designed for MSMEs in the RS which do not possess formal knowledge in this area. A Guide of identical scope, structure and contents has been produced for MSMEs in the FBiH, reflecting specific features of the FBiH legal system and relevant regulation. The contents of the Guide and the topics addressed were defined based on broad consultations with representatives of business and legal community and the needs of the larger target audience. The Guide does not address all topics that might be of interest to some MSMEs, such as international litigations, labour disputes or administrative cases. These will be reconsidered during the process of revision of the Guide which will take place in 2020. The Guide uses a simple legal language and is written in a colloquial style, addressing directly a business person that considers using of court services. The first three chapters of the Guide introduce the notion of self-representation at courts and provide overview of the litigation procedure and organisation of the court system in the RS. Chapters IV-VII explain the rules of litigation step-by-step, providing guidelines for filing and responding to a lawsuit, preparing and participating at court hearings and filing an appeal. Chapters IX and X provide overview of special procedures that are important for businesses, such as liquidation and the bankruptcy procedure. Chapter XI explains the enforcement procedure, since implementation of judicial decisions is critical part of the judicial procedure. Finally, Chapter XII gives information on alternative dispute resolution methods, including characteristics, advantages and disadvantages of mediation and arbitration. Basic terms of litigation procedure are provided in the last chapter. Annex 1 provides links to the legislation on court fees and calculators of court fees and costs of proceedings. Annex 2 provides contact details of courts as well as organizations or institutions that can provide additional referrals.
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(Second, extended edition) This Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in the Federation of Bosnia and Herzegovina (the Guide) is produced under the Bosnia and Herzegovina (BiH) Commercial Justice Technical Assistance Project(Project) implemented by the World Bank and funded with UK aid from the UK Government. The objective of the Project is to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH, building on the recommendations of the UK funded 2016 Feasibility Study on Improving Commercial Case Management in the Federation of Bosnia and Herzegovina. The Project is part of a broader World Bank initiative to raise awareness of reform opportunities and inform policy dialogue on the efficiency, quality, and access to justice across countries in the Western Balkans, with a view to improve the performance of justice systems in these countries. The Project comprises five components, as follows: (1) strengthening commercial departments and commercial courts in the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS), respectively, through analysis of caseloads and workloads, and providing recommendations to re-engineer processes, reduce backlog and strengthen court management; (2) fast-tracking small claims, based on results of comparative legal analysis of civil procedure in BiH and in several countries of the European Union; (3) increasing access to justice for Micro, Small and Medium-Sized Enterprises (MSMEs) through developing guides to increase legal literacy among firms; (4) capacity building through developing and implementing peer-led counseling and supplementary training for commercial judges; and (5) implementing procedural reforms to close loopholes and reduce bottlenecks in case processing through proposals for legislative amendments. This Guide is delivered under Project Component 3 - Increasing Access to Justice for MSMEs. Its purpose is to help the MSMEs in the FBiH to better understand court processes and gain basic knowledge necessary for self-representation at courts. The Guide provides answers to questions the MSMEs might have before deciding whether to litigate. The Guide is designed for MSMEs in the FBiH which do not possess formal knowledge in this area. A Guide of identical scope, structure and contents has been produced for MSMEs in the RS, reflecting specific features of the RS legal system and relevant regulation. The contents of the Guide and the topics addressed were defined based on broad consultations with representatives of business and legal community and the needs of the larger target audience. The Guide does not address all topics that might be of interest to some MSMEs, such as international litigations or labor disputes. The first edition of the Guide was published in December 2019 and widely distributed among the business community. To reflect the users’ feedback as well as lessons learnt from the impact of COVID-19 pandemics, this second edition was prepared to include a chapter on administrative disputes and provide additional information on liquidation and bankruptcy proceedings. The Guide uses a simple legal language and is written in a colloquial style, addressing directly a businessperson that considers using of court services. The first three chapters of the Guide introduce the notion of self-representation at courts and provide overview of the litigation procedure and organization of the court system in the FBiH. Chapters IV-VIII explain the rules of litigation step-by-step, providing guidelines for filing and responding to a lawsuit, preparing and participating at court hearings and filing an appeal. Chapters IX and X provide overview of special procedures that are important for businesses, such as liquidation and the bankruptcy procedure. Chapter XI explains the enforcement procedure, since implementation of judicial decisions is critical part of the judicial procedure. Chapter XII provides basic information on administrative disputes and proceedings in FBiH. Finally, Chapter XIII gives information on alternative dispute resolution methods, including characteristics, advantages and disadvantages of mediation and arbitration. Basic terms of litigation procedure are provided in the last chapter. Annex 1 provides information on ranges of court fees in each canton and links to the laws on court fees and calculators of court fees and costs of proceedings. Annex 2 provides contact details of courts as well as organizations or institutions that can provide additional referrals. Annex 3 provides table of templates’ examples.
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(Second, extended edition) This Self-Representation Guide for Micro, Small and Medium-Sized Enterprises (MSMEs) in Republika Srpska (the Guide) is produced under the Bosnia and Herzegovina (BiH) Commercial Justice Technical Assistance Project (Project) implemented by the World Bank and funded with UK aid from the UK Government. The objective of the Project is to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH, building on the recommendations of the UK-funded 2016 Feasibility Study on Improving Commercial Case Management in the Federation of Bosnia and Herzegovina. The Project is part of a broader World Bank initiative to raise awareness of reform opportunities and inform policy dialogue on the efficiency, quality, and access to justice across countries in the Western Balkans, with a view to improve the performance of justice systems in these countries. The Project comprises five components: (1) strengthening commercial departments and commercial courts in Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS), respectively, through analysis of caseloads and workloads, and providing recommendations to re-engineer processes, reduce backlog and strengthen court management; (2) fast-tracking small claims, based on results of comparative legal analysis of civil procedure in BiH and in several countries of the European Union; (3) increasing access to justice for Micro, Small and Medium-Sized Enterprises (MSMEs) through developing guides to increase legal literacy among firms; (4) capacity building through developing and implementing peer-led counseling and supplementary training for commercial judges; and (5) implementing procedural reforms to close loopholes and reduce bottlenecks in case processing through proposals for legislative amendments. This Guide is delivered under Project Component 3 - Increasing Access to Justice for MSMEs. Its purpose is to help the MSMEs in the RS to better understand court processes and gain basic knowledge necessary for self-representation at courts. The Guide provides answers to questions that the MSMEs might have before deciding whether to litigate. The Guide is designed for MSMEs in the RS which do not possess formal knowledge in this area. A Guide of identical scope, structure and contents has been produced for MSMEs in the FBiH, reflecting specific features of the FBiH legal system and relevant regulation. The contents of the Guide and the topics addressed were defined based on broad consultations with representatives of business and legal community and the needs of the larger target audience. The Guide does not address all topics that might be of interest to some MSMEs, such as international litigations or labor disputes. The first edition of the Guide was published in December 2019 and widely distributed among the business community. To reflect the users’ feedback as well as lessons learnt from the impact of COVID-19 pandemics, this second edition was prepared to include a chapter on administrative disputes and provide additional information on liquidation and bankruptcy proceedings. The Guide uses a simple legal language and is written in a colloquial style, addressing directly a business person that considers using of court services. The first three chapters of the Guide introduce the notion of self-representation at courts and provide overview of the litigation procedure and organization of the court system in the RS. Chapters IV-VIII explain the rules of litigation step-bystep, providing guidelines for filing and responding to a lawsuit, preparing and participating at court hearings and filing an appeal. Chapters IX and X provide overview of special procedures that are important for businesses, such as liquidation and the bankruptcy procedure. Chapter XI explains the enforcement procedure, since implementation of judicial decisions is critical part of the judicial procedure. Chapter XII provides basic information on administrative disputes and proceedings in the RS. Finally, Chapter XIII gives information on alternative dispute resolution methods, including characteristics, advantages and disadvantages of mediation and arbitration. Basic terms of litigation procedure are provided in the last chapter. Annex 1 provides links to the legislation on court fees and calculators of court fees and costs of proceedings. Annex 2 provides contact details of courts as well as organizations or institutions that can provide additional referrals. Annex 3 provides table of templates’ examples.
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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.
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Negotiations of the Digital Markets Act (DMA), one of two flagship EU legislative proposals to regulate online platforms, are entering the decisive phase. France, presiding over the EU Council, wants to bring about an agreement between the states, the European Commission (EC), and the European Parliament(EP) by mid-2022. Adoption of certain EP amendments increasing the obligations of American platforms only may temporarily weaken the cooperation between the EU and United States in the area of digitalisation. Ultimately, however, it will gain momentum in the face of competition from China.
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