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.
A publication of conttributions to the International Scientific Conference, which is traditionally held every year marking the jubilee of the Faculty, where authors from different legal fields publish their papers.
More...
The underlying assumption of this book is that in the special environment that is the public sector, certain features of what we call civil law manifest themselves with particular force through contrast. An analysis of the application of civil law in the public sector is somewhat akin to an intellectual journey to the source of the Amazon. If one seeks a new, fresher view on civil law institutions and the civil law method of regulation, then this possible precisely through observing how they are applied in this particular environment. Observation of the application of the institutions of civil law provenance in the public sector actually prompts one to conduct a detailed analysis, which can be described as a kind of anatomy of civil law. It involves analyzing individual civil law institutions and arrangements, discovering their nature and the fundamental elements they consist of, as well as identifying the axiological and praxeological foundations that contributed to their development. The analysis carried out in the monograph indicates multiple relationships between civil law and constitutional law. The authors hope that this monograph will contribute to clarifying the relationship between these two branches of law. In this monograph, the authors raise the question whether, in the light of the provisions of the current Constitution, there are barriers standing in the way of using private law in the public sector. The authors respond in the affirmative to the question formulated in this way. In their opinion, due to the specific nature of the State and other public entities, some of the institutions of civil law lose their raison d'être in the public sector, and the nature of others undergoes change to a lesser or greater extent. This phenomenon can be observed, for example, in the sphere of exercising subjective rights by public entities, in the sphere of their tort liability, in their legal capacity and freedom of contract, as well as in relation to such institutions of law as unjust enrichment. The legislator and the public bodies applying these laws, in particular the courts, should take this phenomenon into account. Otherwise, there may be violations of the standards of the democratic state of law, including the constitutional rights and freedoms of citizens. In conclusion, the authors consider the need for developing a sub-branch of civil law which would find its application in the public sector.
More...
This monograph is a unique, in-depth and comprehensive analysis of the laws that regulate the energy sector in Ukraine as they relate to energy sector regulation of the European Union. This work addresses the contemporary understanding of the concept of sectoral regulation and determines goals (values) and specific legal means (instruments) of regulatory intervention in both, Ukraine and the EU. The author starts with distinguishing the four basic goals of the regulation of the energy sector. The first goal is to implement and support broadly understood principles of economy. The second goal pertains to a broadly understood protection of the interests of consumers (household consumers, including vulnerable consumers) and their social welfare (social goals of regulations). The third goal is to guarantee energy security, and the fourth goal highlights environmental protection and climate action (pro-ecological objectives). The analysis uses the above concepts to assess the regulatory regimes for electricity and natural gas sectors in Ukraine and the EU. The findings indicate that the EU regulation of electricity and natural gas sector recognizes all the relevant regulatory goals. While legal measures (instruments) for the implementation of all important regulatory objectives have been introduced and legally guaranteed in Ukraine, the actual application and implementation of the laws leaves room for improvement.
More...
This volume includes some of the scientific papers submitted at the 14th historical edition of the International Conference "Contemporary Approaches in Banking and Financial Law" that was held on 15 April, 2021 online on Zoom. The conference is organized every year by the European Association of Banking and Financial Law-Romania together with the Society of Juridicial and Administrative Sciences. More information about the conference can be found on the official website: www.bankingandfinanciallaw.adjuris.ro. The scientific studies included in this volume are grouped into edi-tor's note with presentation of keynote speakers panel remarks and two chapters: Exercise of banking activity, operations and contracts and Activity, organization and functioning of credit institutions. Financial law topics. This volume is aimed at practitioners, researchers, students and PhD candidates in banking law, who are interested in recent developments and prospects for development in this field at international and national level.
More...
This volume contains the scientific papers presented at the Conference on Comparative and International Law that was held on 25 June 2021 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawconference.eu . The scientific studies included in this volume are grouped into two chapters: Inspirational analyzes in comparative law, Seeking the brilliance of international law. 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 comparative and international law.
More...
Nowadays, the international community is facing many serious challenges such as human rights violations and an increasing number of armed conflicts. The number of victims of these violations is enormous and is still growing. The scale of these problems forces us to reflect on the role of international law and the tasks of the international community. One of the biggest challenges for international law is, on the one hand, prevention of international crimes and serious violations of international human rights law, and, on the other hand, protection of victims of these violations. The international community should endeavor to minimize damage and trauma caused by breaking international law and to provide justice for the victims. The main research problem is to reconstruct the standard of protection for family members of victims of serious violations of human rights under international human rights law and international criminal law.
More...
Nizak nivo poznavanja problema zaštite od diskriminicije i poznavanja samog koncepta diskriminacije dovodi do neadekvatne zaštite prava građana Crne Gore pred nacionalnim pravosuđem. U najširem smislu koncept diskriminacije predstavlja suprotnost principa jednakosti, te stoga u načelu podrazumijeva koncept nejednakosti. Dakle, princip jednakosti pred zakonom i princip zabrane diskriminacije predstavljaju dvije strane iste medalje. Diskriminacija ne predstavlja prosto pravljenje razlike, već je riječ o njenom negativnom, odnosno pežorativnom smislu: diferencijacija koja ne odgovara stvarnoj razlici, već stavlja jednu kategoriju lica u lošiju poziciju od one koju zaslužuju. Dakle, zabrana diskriminacije ukazuje na kriterijume diferencijacije (različitog tretmana) koji nisu dozvoljeni. Kompleksnost društvenih odnosa uslovljava postojanje više vrsta diskriminacije koji su prepoznati kako u praksi nadnacionalnih sudskih instanci tako i u praksi nacionalnog pravosuđa.
More...
It is well-known that Bulgarian national legal system does not have its civil code. Nevertheless, every Bulgarian jurist could confirm the codification role of the Law on Obligations and Contracts (LOC). This important law for our national legal system has celebrated 70th anniversary in 2021. The book offers papers covering three thematic fields – historical aspects, issues under the regulation of LOC and issues having regulation outside LOC but connected with it. The biggest number of proceedings were presented and discussed at the International Scientific Colloquium on this anniversary organized in the Autumn 2021 by a research team from the Law Faculty of University of Plovdiv. We wish you pleasant moments while reading!
More...
This volume contains the scientific papers presented at the 2nd Conference on Comparative and International Law that was held on 24 June 2022 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawconference.eu. The scientific studies included in this volume are grouped into three chapters: Contemporary Applicability Presentations in Comparative Law, International Law and Its Modern Regulatory Powers and Some aspects regarding criminal challenges. 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 comparative and international law.
More...
This study aimed to investigate the progress of women's empowerment through employment opportunities in Nairobi and Kakamega Counties in Kenya between 2013 and 2017. Despite the increasing policies that aim to mainstream social equity and equality, there is still a significant gap between policy commitments and practices. The study evaluated whether the implementation of devolved governance in the two counties has improved women's empowerment. The study's framework included an in-depth review of policy documents, official records, and reports from official websites to understand women's economic empowerment status in Nairobi and Kakamega. The study analyzed qualitative and quantitative data from County Integrated Development Plans and other secondary sources. Specifically, it examined compliance with the 30% gender rule, requiring women to hold at least 30% of all elective and appointive positions. The study found that Nairobi commands the largest share of formal sector wage employment in Kenya, and women's access to employment opportunities remains slightly lower than men in both counties. Despite implementing the 30% gender rule, the study revealed the need for more comprehensive policies that promote gender equality and women's economic empowerment in both Nairobi and Kakamega.
More...
The Open Balkan is the latest regional initiative in the Western Balkans (WB), firstly named as Mini-Schengen and then changed to Open Balkan Initiative (OBI), which aims to increase the regional economic cooperation among the WBs by going beyond the mere objective of creating a Common Regional Market (CRM). This paper using an analytical approach, taking into account data and information, has identified and highlighted the openly declared objectives of the OBI while comparing it with the previous Berlin Process. Also, the paper has shown that the disputes among the WB countries most inherited from the unresolved issues of the past are still present and hinder the progress towards a common future and EU membership perspective. The reactions to the OBI proved that even the creation of mere economic cooperation is hardly achieved in the case of other existing unresolved issues of the past and continues to remain open. This paper has highlighted the existence of mistrust among the WBs, the importance of increasing regional cooperation, and the role that the EU should inevitably play. The paper has concluded that to achieve the targets defined in the OBI, the WBs should enhance regional cooperation and overcome the challenges they have been facing.
More...
The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.
More...
This collection follows the 5th International Scientific-Practical Conference on the same topic held at the Faculty of Law at Paisii Hilendarski University of Plovdiv. Many colleagues participated in - from Bulgarian law faculties and from Russian law faculties, too. Presented papers are included in this collection.
More...
The paper analyses the evolution of the notion of cultural heritage from a comparative perspective and verifies the impact produced by the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage in 9 countries (Mexico, Brazil, Italy, Jordan, Cyprus, Spain, Burkina Faso, Korea, Japan).
More...
The present monography examines the withholding tax in the Bulgarian tax law, drawing a comparison with the European perspective. The study outlines the main elements of this kind of tax according to the national perceptions, including the historical prerequisites for its introduction. The relevant directives on this matter, as well as the significant cases of the CJEU, have been examined chronologically. The study ends with a theoretical and practical analysis of fundamental points on this issue, with a number of recommendations in relation to the improvement of the concept of the withholding tax in the domestic law.
More...
This volume contains the scientific papers presented at the 3 rd Conference on Comparative and International Law that was held on 23 June 2023 online on Zoom. The conference is organized by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://comparativelawconference.eu. The scientific studies included in this volume are grouped into three chapters: • The Season of Changes for International and European Law. The papers in this chapter refer to: the possibility of a law of all forms of life in the context of transdisciplinary mutations in international law; investment screening mechanisms in times of Covid-19: national approaches; the need for international legislation regarding the use of generative artificial intelligence in education and scientific research; recent judicial resistance again the primacy and authority of eu law by constitutional courts in some member states: a survey of literature; the relationship between eu citizenship and the right to vote; judicial error in European law; digital wallet: economic and legal implications in the digital era; the individual as a subject of public international law and procedural law of reparation. • The Limitlessness of Comparative Law. This chapter includes papers on: piercing the corporate veil: lack of legislation, proposals to change an existing law, legislation; suspension of the procedure by the national court that notified ecj for a preliminary ruling, in the context of the recent jurisprudence of the European Court of Justice; the right to non-self-incrimination and the false testimony – comparative law aspects; new trends in comparative law: cross-fertilisation; organized crime - aspects of comparative law; comparative analysis of the institute of confiscation with special emphasis on the Republic of North Macedonia; artificial intelligence: civil liability 3.0. • Practical Realities in Our Focus. The papers in this chapter refer to: financial mechanisms of the European Union to support of agri-food niche companies of fish farmers and foresters in crises situations; recidivism - cause of overcrowding in prisons in Romania; inheritance rights of the surviving spouse:study of comparative law; analysis of fraud risk regarding the real beneficiary in relation to international sanctions; the taste of sin: Polish sugar tax; social media and legal challenges on data protection in criminal proceedings: international standards and the case of Albania. 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 comparative and international law. 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 comparative and international law.
More...
This volume contains the scientific papers presented at the 6 th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 19 May 2023 online on Zoom. The conference is organized by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://alpaconference.ro. The scientific studies included in this volume are grouped into three chapters: • Specific Interdisciplinary Interactions in the 21st Century Public Law. The papers in this chapter refer to: administrative science or sciences? - research must remain interdisciplinary; challenges of legal regulation regarding cryptocurrencies; Government rocade - a genuine constitutional solution or an illusory, discretionary one?; problems of administration of disputes arising in connection with the public service: jurisdiction and the possibility of mediation; complementarity between civil Status acts and mitrical acts; the new trends in administrative decisions in Portugal – the Simplex program and the adequate pursuit of public interest • On the Vital Public Interest in Efficient, Effective and Fair Administration at All Levels of Government. This chapter includes papers on: European Union membership and the Constitution of Romania; control over the administration in Kosovo; where next, local self-governments?; 100 years of constitutional regulation of the Romanian contentious administrative; the compensation mechanism of expropriated pursuant to Law no. 255/2010 - vulnerabilities and possible solutions; controversies regarding the withdrawal of the right of use over the land assigned on the basis of Law no. 15/2003 regarding the support given to young people for the construction of a personal property. • Regulatory Practice and Judicial Procedures in Public Law. The papers in this chapter refer to: the latest legislative changes of the administrative litigation Law no. 554 of 2004; the impact of rulings relating to questions of law on administrative acts; considerations regarding the appeal to the administrative court of the individual performance appraisal report of civil servants; the administrative court system and its impact on Albanian private enitites; authority of res judicata of the decision of the administrative court before the criminal court. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of public law and public administration 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 public law and public administration.
More...
This volume contains the scientific papers presented at the 3 rd International Conference on FinTech, Cyberspace and Artificial Intelligence Law that was held on March 31, 2023, Bucharest, online on Zoom. The conference is organized by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://adjuris.ro/fintech/index_en.html. The scientific studies included in this volume are grouped into three chapters: • Alchemy of cyberspace in the fire of regulation. The papers in this chapter refer to: a few comments on FinTech in the light of cyber security; freedom of expression in cyberspace: the good and the bad; cyber space and security in the cyber environment - general considerations; profiling criminals in cyberspace; current standards for information security and privacy. • Artificial intelligence through the lens of today's law. This chapter includes papers on: new technologies are shaping arbitral proceedings; implications of ChatGPT technology on criminal law; the robot as a natural or legal person - another perspective on the concept of person; adapting non-contractual liability rules to artificial intelligence; artificial intelligence and the legal responsibilities in public financial administration. • Legal interface of the current standards in digitalization. The papers in this chapter refer to: brief considerations regarding work on digital platforms; digital Euro currency, economic and legal implications; the complexity of the legislative framework and the difficulties of correlation with economic and social impact in public administration - the digitalization of public services; blockchain technology and smart contracts - public policy needed in the technology race. This volume is aimed at practitioners, researchers, students and PhD candidates in cyberspace and artificial intelligence law, who are interested in recent developments and prospects for development in this field 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 AI law.
More...
The political changes after 1989 in Bulgaria and the country’s difficult economic transition, temporarily led to a decline in patriotic feelings among the Bulgarian people. With few exceptions, such as Bulgaria's triumphant performance at the 1994 World Cup, which led to unprecedented national pride, the idea of belonging and unity began to dissolve in the harsh and uncertain conditions of the transition from socialism to a market economy. This led to a deterioration of relations in Bulgarian society, a sharp revision of values, a decrease in tolerance, and the entering into everyday life of the so-called language of hatred. Political parties were created which, under the guise of patriotism, openly promoted more radical sentiments toward various types of minorities. An increase in domestic crime at the time proved to be a fertile ground for such rhetoric. The fact that from the beginning of the new millennium until now, some Bulgarians have been invariably supporting nationalist parties, shows that these political formations are an expression of permanently present sentiments in the Bulgarian society. The current text will focus on nationalist manifestations towards the second-largest ethnic minority in the country – the Roma. For this purpose, specific events will be examined and analysed, and an attempt will be made to provide answers to several questions such as: What is the role of the Bulgarian minorities in these nationalist attitudes? Is it possible to build an identity based on the rejection of the other, and what are the manifestations of this rejection? How do such manifestations of intolerance and confrontation reflect on the identity of the minority itself? Who benefits from this rhetoric, and what are its consequences for the Bulgarian society?
More...
The concept of citizen's arrest in Serbian law lacks clear regulation and precise conditions for application, leading to legal ambiguities and potential misuse. The current legal framework allows any person to arrest someone caught in the act of committing a crime prosecuted ex officio, but it does not specify the limits of force or the arrestor’s legal awareness, which creates risks for human rights violations. Comparative analysis shows regional variations in terminology and regulation, with some neighboring countries not recognizing the concept at all, emphasizing the need for clearer legal definitions and proportionality in practice.
More...
