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Under consideration in the paper is the issue regarding treaties’ designation. It is well accepted that the concrete treaty designation is not crucial for the treaty. The analysis of the state practice of Bulgaria reveals, that there is distinction between the various types of treaties and that the designation is part of that distinction.
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The paper is dedicated to analysis of the legal regulation regarding the European Citizens’ Initiative, which is part of the relevant EU law (primary and secondary EU law), as well as regarding the respective relevant provisions stemming from the national legislation of the Republic of Bulgaria.
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The possibility of resolving conflicts through alternative means is a favorable alternative for the parties, as it has deep roots in Bulgarian history, customs and law. If we turn to the history of Bulgarian law we will fi nd that they are often used as an opportunity to resolve disputes of various kinds. Historically, Bulgarian rulers have personally participated in negotiations to resolve international confl icts – for example, Khan Krum proposed negotiations to avoid or end hostilities with Byzantium. The prince Boris I Michael also showed excellent negotiation skills when accepting Christianity as the state religion. During the Ottoman rule, such conciliatory functions were played by the bodies of the Bulgarian municipalities, the guild organizations and representatives of the spiritual authorities. After the Liberation, this tradition was the basis of the Elderly Judicial Councils, the amicable (conciliatory) courts, whose activity is based on the principles of voluntariness, reconciliation and reaching a mutually benefi cial agreement.
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The anti-competitive effect is the hallmark of market dominance abuse. Neither the European Union Competition Law nor the Bulgarian Competition Law contains a legal defi nition of this term. It is linked to the term “competition“. The concept of competition is borrowed from economics. The interrelationship between market dominance and market dominance abuse outlines the subject-matter of this article. The present research examines the essence of the anticompetitive effect in the context of those economic concepts of competition that underlie the doctrines of market dominance.
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This paper deals with the vicarious lia bility of one party held liable for the damage caused by another in the course of his employment under the English and Bulgarian tort law. The legal framework and caselaw on vicarious liability in the two legal systems are explored and analyzed in comparison.
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This paper addresses some key issues related to the legal signifi cance of the good faith of the employee in declaring invalid the grounds for employment to which he is a party. Although not exhaustive, the peculiarities of some legal consequences in case of bad faith of the employee as a party to an employment relationship, the grounds for which have been declared invalid, are also taken into account.
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Guns are deadly. Most homicides, robberies and other types of criminal activities are mostly committed by guns, therefore many politicians try to regulate them in hope to decrease crime rates and are wildly supported by public. To determine how gun-control laws influence crime rates, regression analysis has been conducted with many control variables, however it hasn’t found any statistically significant relationship between gun ownership and homicide rates. Then the logical question arose: if it is really so, then why do the politicians regulate gun-ownership? To answer that question, an experiment has been conducted to determine public’s attitude towards gun-control. The experiment results showed that people generally see guns in negative light and have less information about their good uses, therefore politicians, influenced by that attitude, try to regulate guns, as it is hard not to do anything when masses are expecting action from you. These findings motivate research on law-making process to determine whether and which laws have intended results.
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Ecological security, which refers to the preservation of an adequate ecosystem and a biological balance in a close area, was a term which oscillated around the daily sense of security of the inhabitants of a region. Natural hazards was a counterpart aimed at the dangers lurking, for example, in areas of natural value and strict protection, which was very often financed and controlled by EU bodies. The aim of the research paper was to confirm the impact of natural hazards on the state of ecological safety in the district of Gryfino. The research methodology was based mainly on institutional and legal sources. It was initial to analyse existing documents. A key aspect became the use of one of the research techniques which is an interview with a retired Border Guard officer. Gryfino County is a region of local self-government and thus of second-level administrative division in Poland. Its great advantage was not only its geographical location in the midst of the so-called Polish Amazonia, i.e. areas of a network of canals and old riverbeds connected to each other, but also its proximity to the Federal Republic of Germany. Cross-border cooperation has been developing promisingly since the period of political transformation at the security level. The public security services, through mutual assistance and common exchange of information, have been able to implement projects and programmes to improve the environment of the territories. In conclusion, it could be said that the inhabitants of both the eastern and cross-border parts of the county were exposed to natural disasters. However, it is worth noting that due to the presence of water areas they were more diverse and unpredictable in nature. Environmental awareness among the inhabitants was extremely important, but at the same time it had to be supported by the creation of a civil society in the capital’s charming areas. Appropriate coordination of public safety services, innovative local government policies and the involvement of residents were able to counteract the form and strength of natural hazards and their direct impact on ecological safety in the Griffin district.
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This article presents the issue of the effects of the implementation of strategic objectives, with particular emphasis on the City of Szczecin commune. The data obtained from the development of the Strategy Office of the City Council of Szczecin were used as the basis. Their analysis showed large variations in the development of key segments in individual Polish cities. The author examined the above issue by introducing a reference to the created ideal city, and therefore such that in Polish conditions would get the highest possible results.
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One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.
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In Poland, the need to implement regional policy by local government units in accordance with sustainable development principles results directly from the rules of law. Taking into account specific environmental and economic conditions in individual regions, local authorities, having the right to give preference to different aspects of socio-economic development when creating regional strategies of regional development, are obliged to implement the concept of sustainable development in those strategies. The aim of the article is to specify the degree of changes in the level of sustainable development in individual districts in Poland in the years 2005-2016 in general and in the area of economic, environmental, social as well as institutional and political order.
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The subject of this paper is the analysis of financial and fiscal sovereignty of municipality. Financial and fiscal sovereignty of municipality are important elements of the wider category which is independence of municipality. The purpose of this paper is to characterize the municipality from the point of view of its ability to collect incomes, especially taxes and from the point of view of entitlement of municipalities in the sphere of lawmaking of local tax law. The research objects are primarily art. 168 and 217 of the Constitution of the Republic of Poland, which regulate, respectively, limited fiscal sovereignty of municipality and fiscal sovereignty of state. Two research methods were applied in the work: the dogmatic-exegetical method and the analytical method. This methods were used to study of the legal doctrine of the self-government, constitutional and tax law, the jurisprudence of the Constitutional Tribunal and the above-mentioned provisions of the Constitution of the Republic of Poland. This analysis allowed to formulate some important conclusions, among which one should be pointed out: the imposition of public levies is the exclusive right of legislative bodies but to the extent established by statute municipalities shall have the right to set the level of local taxes and charges.
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Starting from January 1, 2010, self-government budgetary establishments may be created, but the powers of the bodies of local self-government units (units) have been significantly reduced in terms of their creation or transformation. The restrictions are of a subjective and objective nature. The aim of the study is to analyze and evaluate legislation, court decisions and regional accounting chambers, as well as the achievements of the doctrine of the law of local self-government and the law of public finances regarding the scope of the authority of the organs constituting the municipality, with regards to creation, transformation, merger and liquidation of self-government budgetary establishments. The hypothesis was positively verified that the legislator, introducing subjective and objective limitations in the creation of self-government budgetary establishments, left at the same time a wide range of freedom of choice to the authorities between the form of a parabudget economy (local government budget plant) and the form of a fully off-budget economy (municipal company). In this way, it allows the implementation of specific public tasks according to the rules in force in the public finance sector or according to the principles characteristic of the private sector. The paper uses the dogmatic method (as a basic method) and, additionally, the empirical and analytical method (in particular with reference to the jurisprudence of the courts and regional chambers of auditors).
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A joint account is a special type of bank account and can be run for local government units. It is not widely available in the offer of banks for all companies though. In connection with this, the hypothesis has been positively verified on the constraints subjectively and objectively delineated by the legislator, the aim of which is to encourage cooperation between the local government units in the field of implementation of public tasks, and in particular in the more effective use of European funds. Limitations imposed by the legislator on opening and conducting joint accounts for the local government units result in a modification of the structure of the bank account agreement adopted in the Civil Code. These findings were made on the basis of analysis and evaluation of banking law acts, including those created at the level of banks (in particular banking regulations and general contract terms), as well as court decisions and the doctrine of banking law and local self-government law regarding the rules and procedure of opening and conducting joint accounts for the local government units. The paper uses the dogmatic method (as the basic method) and, additionally, the empirical and analytical method (in particular with reference to the offer of banks in the area of joint accounts established for the local government units).
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Local government units are an attractive client for each bank. Cooperative banks have also seen it increasingly and more willingly to cooperate. They offer their services to smaller local governments. Local character and responsibility for the development of the region stimulate cooperation on many levels. Through effective co-operation, cooperative banks should become a local center of competence and trust, naturally contributing to the local economic climate. The share of local government units in receivables and liabilities of the cooperative banking sector in comparison with other groups is small, despite a steady increase for several years. However, its stabilization is more important than its growth, providing a lasting relationship between cooperative banks and local governments.
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The aim of the paper is to present the legal solutions and their effectiveness with respect to the co-ordination of fiscal policies within the European Union. The starting point for the analysis is the justification of the co-ordination of fiscal policies in the European Union. The further sections of the article discuss the basis resulting from the “preventive” and “reparatory” provisions of the Treaty on the Functioning of the European Union (TFEU). These regulations have been analysed in terms of their efficiency with respect to the reference values specified in Protocol 12 of the TFEU. The analysis was based on the excession of reference values and dispersion in all Member States. The presented conclusions demonstrate that the existing solutions are ineffective. The paper also presents and evaluates the scenarios of the reform of fiscal policy co-ordination in the EU that are possible in the opinion of the EC.
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This study is an opinion and the first episode in a series entitled "The coronavirus pandemic between truth and falsehood, between dream and reality. Anti-crisis journal”, through which I try to express the things that have happenedto me, that I think about, that I analyze; some that I have decidedand others that I want to decide, but I can't do. And it is obvious that everything we knew so far about our activity will no longer resemble or no longer resemble what it was three months ago. It is quite complicated for you to realize how manythings can change in just a few days. It is almost impossible to put yourself in a position to think of different strategies from one day to the next, almost from one hour to the next. I think that our nature needs to settle down, one needs to dissect and deepen things before being able to think or rethink strategies and solutions. It is very likely that each of us is less aware that not only our activity is changing, but especially our life. What we knew before the pandemic is not the same, what we did then is no longer, a few weeks away, what we are doing today. The same thing is happening with our national security, which is increasingly threatened by foreigners and anti-Romanian aliens in the country.
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This article aims to analyze the rules of Lex Rhodia de iactu, which consider the situation of throwing goods overboard by the captain of the seagoing ship to save the ship and distribution of damage among owners of goods. The paper, however, is not limited to the research of the considered norms, but also extends to the way in which these norms inspired the modern commercial codes.
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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.
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The Rapid Alert System for dangerous non-food products (RAPEX) may be considered as a type of e-service, which combines e-administration, e-education and e-health. The RAPEX enables quick exchange of information between national authorities of the European Union (EU) countries on measures taken against products posing a risk to consumers health and safety. In the period 2005–2016 the notifications in the RAPEX related mainly to products originated from China (57%), however, notifications to products from EU countries accounted for 18% of all notifications. Therefore, the goal of the study was to examine, which product categories from EU countries were most commonly submitted in the RAPEX and which was the dependence between product category and origin country, year, risk level, product user, submitting country, risk type and adopted measures. There were cluster analysis and scatterplots using Statistica 12 and pivot tables using Excel applied. The largest number of notifications was submitted to products from Germany, but also from France, Italy, United Kingdom and Poland. There were mainly motor vehicles (and the number of notifications increased last years) and also clothing, textiles and fashion items, childcare articles and children’s equipment, toys and cosmetics. The product user was mainly consumer. The risk level was primarily serious and the risk type was injury. The products were most often submitted by Germany and also Greece and the appropriate measures to products were taken mainly by economic operators.
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