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Собствеността на религиозните институции в САЩ и американският Religious Land Use and Institutionalized Persons Act

Author(s): Emanuil Dimitrov / Language(s): Bulgarian Publication Year: 0

The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub. L. 106–274, codified as 42 U.S.C. § 2000cc et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use. It also defines the term “religious exercise” to include” any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” RLUIPA was enacted by the United States Congress in 2000 to correct the problems of the Religious Freedom Restoration Act (RFRA) of 1993. The act was passed in both the House of Representatives and the Senate by unanimous consent in voice votes, meaning that no objection was raised to its passage, so no written vote was taken. The currant article deals with the issues of RLUIPA’s implementations and challenges the problem which local governments face dealing with the different religious groups. It also contains the guide which the Congress issued for better understanding and application of this act.

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Administrative burdens in the process of legal regulation

Author(s): Manol Stanin / Language(s): English Publication Year: 0

The orientation of the mechanism of legal regulation towards the protection and improvement of legally relevant public relations is accompanied by the opposite process. Its numerous manifestations are collectively verbally referred to as administrative bur- dens. They are not unequivocally negative. Achieving and maintaining a reasonable balance in this unity of opposites is a challenge not only for the executive power but also for the legislature and the judiciary. This balance is important because it depends on the state of the right to good governance and good administration, including the confidence of citizens in the normative system of law and the democratic foundations of society. Its refinement is a difficult task, given the potential of administrative burdens to be reproduced, as well as because the concept of good administration lacks in-depth study of the relation between good administration - good citizens. Their systemic conditionality predetermines the application of a systematic method of scientific research to find acceptable and effective solutions for both the legislature and the executive, as well as for citizens. Revealing the importance and role of dialogue in achieving these goals justifies the use of discursive analysis.

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Institutions of administrative law that protect the rights of tourists, consumers of hotel services in Romania/ European Union

Author(s): Ioana Nely Militaru,Laura Ramona Nae / Language(s): English Publication Year: 0

In the field of tourism, especially in the HoReCa sector, the protection of customers-beneficiaries of consumers of hotel services and products is vital, because if these products and services are non-compliant, unsafe, they can affect and cause damage to the health and safety of consumers. In the legislative context, both at EU and domestic level, through a number of legal instruments, a number of measures are being taken to protect consumers' rights, including through alternative dispute resolution methods. The role of whistleblowers is also of particular importance because infringements of legal rules can be affected by: fair competition for all EU professionals, business, contractual relations, consumer rights, the interests of traders and shareholders in business investment. All this can ultimately lead to the destabilization of the internal market and, implicitly, of the international market, of the business environment.

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The dilemmas of the judicial review of economic administration on the example of Polish law

Author(s): Rafał R. Wasilewski / Language(s): English Publication Year: 0

The article deals with the problem of the judicial review of economic authorities in Polish law. The analysis of constitutional provisions warrants the conclusion that such control may be exercised by both common courts and administrative courts, despite the fact that each is governed by different systemic and procedural regulations. In fact, the judicial review of economic administration in Poland has been exercised by both types of courts, although the legitimacy of this dual solution is questioned in the literature.

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The constitutional review of the Standing Orders and Resolutions of the Parliament

Author(s): Marieta Safta / Language(s): English Publication Year: 0

The Constitution of Romania regulates the constitutional review of the Standing Orders of each Chamber of the Parliament, and the Law on the organization and functioning of the Constitutional Court regulates the constitutional review of the Resolutions of the Parliament. Over time, an established case-law of the Constitutional Court of Romania has been straightened out, likely to reveal both the extent of the constitutional powers and the rules to be complied with by the Parliament in adopting the resolutions, as well as the extent of the powers of the Constitutional Court in carrying out the above- mentioned powers. This study is aimed at highlighting the importance of the constitutional review of the Standing Orders and resolutions of the Parliament in order to ensure the rule of law.

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Competition between Criminal and Administrative Responsibility - Questions and Solutions

Author(s): Ralitsa Voynova / Language(s): English Publication Year: 0

This article aims to present the essence of the Ne bis in idem principle from a doctrinal point of view, while at the same time emphasizing the more important practical issues in its application. The study also includes a synthesized comparative analysis of the case law of the Court of Justice of the EU, the ECtHR and some national courts. In the comparative analysis these questions are considered in particular - what are the criteria for assessing whether an administrative proceeding is defined as criminal and what are the most common hypotheses of competition between criminal and administrative penal responsibility against the same person for the same act. As a result of the research, some controversial questions regarding the applicable legal responsibility in cases of concurring facts were answered.

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The Constitutional Regime of Economic Freedom. Its Reflection in the Administrative Code

Author(s): Teodor Narcis Godeanu,Iulia Nistor / Language(s): English Publication Year: 0

This study analyzes, as its title suggests, the constitutional regime of economic freedom, regulated by art. 45 of the Constitution, following the changes it underwent through the revision of Law no. 429/2003. It is qualified to represent freedom from the first generation and is considered, along with the private property, the market economy foundation. Therefore, the constituent legislator placed them one after the other, and by art. 135 para. (1) guaranties the market character of the economy. We perform the analysis by referring to the Administrative Code, which also contains implicit or express provisions regarding economic activity, this aspect representing, in many situations, a result of economic freedom.

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Adherence to the Principle of Proactivity to Ensure a Healthy Competitive Environment

Author(s): Manuela Niță / Language(s): English Publication Year: 0

The frequency of the infrigement of competition rules by committing anti-competitive practices, led the competition authorities, both national and European, to identify both measures to prevent possible anticompetitive practices and measures to identify and sanction such serious deviations from normal conduct, healthy in business. In the field of competition, we find a rich legislative package, but practice has shown that beyond normativity, in order to be effective, a proactive attitude of companies is also needed, and in this study, we proposed to realise a depth analisys regarding this isuess. The principle of proactivity in the matter of competition is neither promoted nor respected enough, as is natural, so that companies in their actions refrain from any action/inaction that could endanger the competitive market. In our research, we want to show the concrete ways in which this principle is respected, who is competent for its application and what are the effects on the competitive environment. We will also show what is the role of the competent authority and its degree of involvement in this issue, identifying possible solutions that could be implemented to give added value to this principle.

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Приложение на чл. 8, ал. 2 от Закона за общинската собственост

Author(s): Stefan Radev / Language(s): Bulgarian Publication Year: 0

The current article focuses on the bylaws approbated by the municipal councils related to the management, disposition and acquisition of municipal property. The research objective is to examine the regional cities by drawing conclusions about the municipal property regulations approbated by the local government.

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Административният договор в юриспруденцията на България и на Европейския съюз

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

The report examines the Bulgarian jurisprudence before the regulation of the administrative contract in the Administratice Procedure Act and after it. A brief overview of EU jurisprudence is also given.

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Наложителни промени в АПК

Author(s): Ivan Todorov / Language(s): Bulgarian Publication Year: 0

This article raises questions about the necessary amendments in APA. The advantages of both the delivery of documents electronically and the unloading of the work of the Administrative Supreme Court, which can focus more on unifying the practice of the courts, are highlighted. A solution is also given to the issue of administrative criminal liability.

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Засилено присъствие на организациите на гражданите при издаването на общи и нормативни административни актове

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian Publication Year: 0

In this research the term “citizens’ organization” is considered, as its legal expression was acquired in the Administrative Procedure Act. Emphasis is placed on the purpose of the definition of a public organization, which is particularly evident in the issuance and contestation of GAA and NAA.

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Конституционните права на гражданите и предлаганите промени в административното правораздаване

Author(s): Natasha Tseneva / Language(s): Bulgarian Publication Year: 0

A brief analysis of the right of protection of Bulgarian citizens (Article 56 of the Constitution of RB), its meaning and significance, their right to appeal all administrative acts that affect them, as well as the existing restrictions (Art. 120, par. 2 of the Constitution of RB). Some of the proposed solutions in the draft amendment to the Administravice Procedure Code have been tracked – summons, notices, fees, cassation appeal, etc., as well as to what extent they limit the constitutionally protected rights of citizens.

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Административно сътрудничество по данъчни въпроси в рамките на Европейския съюз

Author(s): Elina Marinova / Language(s): Bulgarian Publication Year: 0

In recent years, numerous of measures have been adopted within the European Union to combat tax avoidance practices. An important aspect of these measures is administrative cooperation in tax matters. The report examines the legal instruments for implementing cooperation between Member States tax authorities, as well as the premises, scope and its forms.

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Административният договор в публичното право

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

The principle of market economy affects not only the private but also the public sector. Contractual relations are manifested in Bulgarian administrative law through the administrative agreement. Complications and contradictions related to their implementation along with some specifics are observed both in rulemaking and jurisprudence.

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Предохранителният принцип в европейското административно право

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian Publication Year: 0

The precautionary principle in European administrative law made its way into European law. It was used to attack both acts of Community institutions, as well as acts of institutions of member states. Detailed regulation of the criteria and procedures according to which it will apply is needed, so that the rights of the interested parties be properly protected.

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Аргументи в подкрепа на нормата на чл. 24 от отменения Закон за върховния административен съд

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian Publication Year: 0

In general, the provision of Article 24 of the repealed Supreme Administrative Court Act (SACA) meant that the body conducting the proceedings should not issue just any decision, but only the one that is based as much as possible on the actual reality to the maximum extent and satisfies the legitimate claims of citizens and organizations. It was a sign of objective justice that the court had taken the initiative, in the light of the parties' submissions, to gather additional evidence and explanations relevant to the proper determination of the case. Considering the objective nature of the issues of legality raised by the grounds for annulment of administrative acts and the public interest in lawful action by the administration in the annulment process, a significant place should be given to ex officio jurisdiction in the taking of evidence through the relevant actions of the court. The administrative court is also, by definition, a control instance, charged with the difficult task of ensuring the legitimate development of the socio-political system.

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Прекратяване на процедура за възлагане на обществена поръчка

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The Public Procurement Act (PPA) provides for four hypotheses related to the manner in which public procurement procedures are concluded. This can be done by issuing a decision to appoint a contractor under a public procurement contract, by a decision to conclude a framework agreement, by a decision to rank the participants and/or award prizes and/or other payments in a design competition, or by a decision to terminate the procedure (Art. 38 of the PPA). The subject of this report are the issues related to the legal nature of the decision to terminate a public procurement procedure, the grounds for its issuance, the legal possibility of its appeal to the Commission on Protection of Competition. It is noted that the termination of procedure without any legal grounds constitutes an administrative offence for which the legislator provides for a fine or a pecuniary sanction on the contracting authority.

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Изискването за съобразяване с целта на закона при издаване на административния акт в практиката на Върховния административен съд

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian Publication Year: 0

One of the requirements for administrative activity under Article 4(2) of the Code of Administrative Procedure (CAP) is that administrative acts shall be issued "for the purposes" established by the law. This follows from the executive-regulatory nature of administrative activity and administrative acts. Pursuant to Article 146, item 5 of the CAP, non-conformity with the purpose of the law is a ground for contesting the administrative act. Violation of this requirement is popular in theory and judicial practice as “perverse exercise of power”. After a brief review of the administrative law literature and judicial practice on the issue, the final part of the submission will also draw brief conclusions relating to the vice of perverse exercise of power.

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Актът за прихващане и възстановяване

Author(s): Krasimir Mutafov / Language(s): Bulgarian Publication Year: 0

The Instrument of Offsetting or Refunding (IOR) is among the most frequently issued acts by the authorities of the National Revenue Agency (NRA). As its name suggests, the IOR can be used to offset and/or refund tax liabilities or compulsory social security contributions. The issuance of an IOR is necessary when we are faced with the hypothesis of unduly paid or overpaid taxes. The study of the matter related to the IOR requires, before we discuss the procedure of its issuance, to make a brief legal characterisation of this type of acts and to examine the preceding legal actions performed by the revenue authorities before their immediate issuance. All of this will enable us to try to answer the question: can an IOR be used to determine tax liabilities?

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