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Защита на юридическите лица от дискриминация

Author(s): Blagoy Deliev / Language(s): Bulgarian Publication Year: 0

The Bulgarian anti-discrimination act provides protection for legal entities, but under certain conditions. The author discusses the issues of the effect of the equality principle on legal entities, how the discriminatory violation can affect the legal entity and how this is reflected in the assessment of the admissibility and the essence of the complaint of discrimination. The violation affects both the legal entity and the natural persons related to it. There is also the problem of the relation of these two groups of subjects to the various grounds for discrimination. The protection regime in the act can be a special administrative proceeding before an administrative jurisdiction or a claim proceeding before a court. The tendency in jurisprudence is the continuous formalization of judicial and administrative proceedings. This reflects on the opportunities for participation and protection of legal entities. The study focuses first on typology of cases where legal entities can be affected by discrimination. Secondly, it provides an overview of the various legal remedies available to these entities to engage in the protection of their own and other subjects’ rights. The cases are taken from the case law and therefore there is a rather broad conceptual difference between the various examples of legal entities “affected by” discrimination and “engaged” in proceedings to defend their rights.

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Изискването за спазване на административнопроизводствените правила

Author(s): Kino Lazarov / Language(s): Bulgarian Publication Year: 0

The paper draws attention to the administrative procedure with its characteristic features. The analysis presents the main purpose of the administrative process. The grounds for annulment of the administrative act related to a substantial violation of the same are also indicated.

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Административнопроцесуалният кодекс - нов етап в развитието на административното правосъдие

Author(s): Emilia Kandeva / Language(s): Bulgarian Publication Year: 0

This article applies to the Administrative Procedure Code, which was created as a result of the development of Bulgarian law to reflect the new political, socioeconomic, administrative and public circumstances resulting from the country's democratic changes as well as to meet the requirements of the European Union in preparation for our country's membership in the Union.

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Електронното правителство в мащабите на Европейския съюз

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

In view of the accession of the Republic of Bulgaria to the European Union, an analysis will be made related to the way of establishing e-government. E-government is a novelty in law, aiming to ensure a sharp increase in the efficiency of the administration.

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Съдебната практика по правилника за прилагане на закона за публичните предприятия – тенденции и изводи

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

This report examines the judicial practice related to the conduct of procedures for leasing property owned by public enterprises. A comparison is made with the judicial practice under the old regulations and the application of interpretative decision No. 3 of 06.27.2016 is considered. General shortcomings of the old and new regulation regarding commercial companies with state participation in the capital are pointed out and a proposal is made for legislative change, which is valid for all public enterprises.

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Място за "стопанска дейност'' в българското данъчно право

Author(s): Stoycho Dulevski / Language(s): Bulgarian Publication Year: 0

The purpose of this report is to analyze the extent to which it is possible to introduce a legal definition of ''business'' in the Bulgarian tax law. On the one hand, this may be a welcoming idea in order to clarify other relevant concepts. For example, the term ''business activity'' is outlined in the international tax law. On the other hand, national practice provides guidance on its legal features. This raises the question of whether the theory really needs to pay special attention to this aspect as well or whether there are a number of risks.

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"Председателският съвет" в правилника за организацията и дейността на Общинския съвет, неговите комисии и взаимодействието му с общинската администрация

Author(s): Dian Dunev / Language(s): Bulgarian Publication Year: 0

The present report aims to examine and analyze the competences of the Municipal Council to establish ‘The Presiding Council’ with its respective functions regulated in the Regulations on the Organization and Activities of the Local Self-government Body. For this purpose, an analysis of the existing case-law of the administrative courts and the Supreme Administrative court has been made. The figure of ‘The Presiding Council’, which is not regulated in the Local Self-Government and Local Administration Act, is examined through the prism of legality requirements.

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Компетентност на административните съдилища

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

The article analyzes the competence of the administrative courts in Bulgaria, considering the scope of jurisdiction of the types of cases in three stages according to the compliance with three constitutions, including the current one. The focus is on a pressing problem, the subject of case No.1of 2022 of the Constitutional Court of the Republic of Bulgaria.

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European Union Cohesion Policy and Euroscepticism: A Literature Review

Author(s): Dana Kubenkova / Language(s): English Publication Year: 0

The aim of this article is to provide a consolidated overview of existing knowledge on the relationship between European Union Cohesion Policy and voter support for Eurosceptic political parties, identify gaps in research, and suggest recommendations for further studies. The literature review is conceived from the perspective of regional economics and politics. Our analysis will investigate whether the increased levels of investments in creating jobs, enhancing human capital, promoting innovation, improving the quality of life, infrastructure, environment, and other attributes through the European Union Cohesion policy have resulted in a decline in support of voters for Eurosceptic political parties. Furthermore, we will examine whether these investments have no effect in this context or have actually contributed to increasing such support. Our literature review will be limited to studies that have examined this issue at the regional level of current or former European Union member states and which are based on the disciplines of regional economics and politics.

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Предизвикателства и перспективи при определяне на приложимото законодателство по смисъла на дял II от регламент №833/2004 в условията на работа от разстояние или хибридна работа

Author(s): Siyana Dimitrova / Language(s): Bulgarian Publication Year: 0

This report addresses some challenges in determining applicable legislation within the meaning of Title II of Regulation (EC) No 883/2004 in remote working conditions or hybrid work and the prospects for applying the legal framework in relation to the guidelines given by the European Union (EU) in Administrative Commission for the Coordination of Social Security Systems Note AC125/22REV2. The COVID-19 crisis has changed the world, but it has also thoroughly changed our way of working, workplace and the employer-employee relationship. How has work changed during the global pandemic, and what will it look like in the future? People quickly figured out how to work from home. Тhe prevalence of telework has significantly increased across the world, including Europe. This, surely, applies to those employees who work across borders as well. These people no longer perform some or any of their activities in the Member State in which their employer is established, instead, they work/ed online in the Member State in which they reside, or in another Member State. Administrative legal regime concerning the coordination of Social Security Systems and application of the related Regulations faced a new challenge. Taking into account the need to assess the general interpretation of the existing legal framework, the European union (EU), by Note АС 125/22 REV2, introduced new guidelines on the application of social security systems for people, who work remotely and the application of policies for telework or hybrid work. Finding and implementing successful working patterns during the time of global crisis turned out to be not only a solution today (de lege lata), but also a prospect for a better solution tomorrow (de lege ferenda), because according to a number of researches the future belongs to the remote and hybrid work and it is supposed to remain part of the working patterns of many employees and companies with such policies to be rated as a preferred employer.

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POSTOJE KRAJŮ K LEGISLATIVNÍMU NÁVRHU SPOLEČENSTVÍ OBCÍ

Author(s): Marek Jetmar / Language(s): Czech Publication Year: 0

Legislative proposal of community of municipalities as qualified form of union of municipalities resulted in series of fundamental comments of regions. The variability of attitudes was underlined by absence of statement of Association of Regions. The article analyses the individual positions of regions focused on principles of regulation - constituent communities of municipalities, entry conditions, method of registering communities, use of the services of a shared official and issues of accountability for the prepared acts. In subsequent discussions, a substantial part of the comments was settled positively (keeping the register of the community of municipalities by regions), the regions backed down from their comments or changed them to a recommendation. Conditions for formation of a community were significantly reduced and the possibility of several entities in large administrative micro-regions was greatly liberalised. The fundamental method of processing is analysis and comparative analysis of the positions of regions and legislative proposal. When formulating conclusions, it is then a method of synthesizing partial knowledge. The final treatment is very short. It is focused on set up of communities and ensuring the joint exercise of administration through a shared official. The smaller scale of the proposed changes is due to the disunity of the players concerned and the difficulty of reaching consensus.

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The Compensation Mechanism of Expropriated Pursuant to the Law No. 255/2010. Vulnerabilities and Possible Solutions

Author(s): Ioan Paraschiv / Language(s): English Publication Year: 0

The objective of the study is to analyse the compensation mechanism for the persons affected by the expropriation procedure necessary to achieve the objectives of national interest, according to Law no. 255/2010, highlighting its deficiencies and possible legal remedial solutions. The analysis carried out was based on the deductive method and essentially reveals the fact that in order to respect and strengthen the constitutionally regulated pillars of the compensation mechanism within the expropriation procedure regulated by Law no. 255/2010, respectively of the "just" and "preemptive" character of the compensation of the affected persons, a legislative reform in the field of expropriation is necessary to provide the expropriators with the modern legal instruments, necessary for the fair establishment of compensation even from the administrative phase of the expropriation procedure, with the consequence of increasing confidence in the state institutions that act as expropriators or representatives of the expropriator, relieving the state budget of additional expenses and the courts of disputes that can be prevented.

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Where Next, Local Self-Governments?

Author(s): Adam Varga / Language(s): English Publication Year: 0

Local self-governments are faced with many challenges in the 21st century. Efficiency plays an increasingly important role in the functioning of public administrations everywhere, and one of the main tasks of public authorities is to provide a good service to citizens. Local communities also expect local self-government to carry out its tasks well. But local self-governance is not just about getting local tasks right; it also necessarily involves making local rules. And all this is carried out by democratically elected bodies. In this paper, I will examine the principles on which we need to look at local selfgovernment if we are to find a place for it in 21st century democracy. I will seek answers to this question primarily by analysing and comparing different terms. In my view, the essence of local self-government cannot be sought in its decentralised nature alone, nor can it be treated as a purely efficiency issue. Local self-governments are also autonomous bodies which, in the principle of subsidiarity, also claim the right to carry out tasks that genuinely serve the local community.

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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

Author(s): Raluca Laura Păunescu Dornean / Language(s): English Publication Year: 0

The main objective of the pending study is to highlight the legal controversies in the situation of the withdrawal of the right of use over the land that was assigned to the beneficiary based on Law no. 15/2003 regarding the support given to young people for the construction of a personal property. Specifically, the author investigates the possibility of establishing the suspension of the one-year term within the mixed resolutive condition stipulated in both art. 6 para. 1 of Law no. 15/2003 which imposes on the beneficiary of the land the obligation to start the construction of the house within one year from the date of allotment of the land and to carry it out in compliance with the provisions of Law no. 50/1991 regarding the authorization of the execution of construction works, republished, with subsequent amendments and additions, as well as in the clauses of the award contract for free use. In the same sense, the fulfillment of the negative condition will be analyzed - as a modality of the civil legal act, namely the fact that the non-start of the construction within the one-year period may be due to the public authority, which, in bad faith, determined the non-realization of the event, by delaying the adoption of the decision of the local council regarding the Urban Planning Regulations, the blocking of the issuance of urban planning certificates/building authorizations and implicitly the impossibility of the beneficiaries to start construction in compliance with the legal provisions. The research methods to achieve the proposed objectives are varied, taking into account the comparative method, as interdisciplinary aspects between administrative law and civil law are exposed, the logical method, which tends to outline a more rigorous legislative exposition, the critical method, with the aim of presenting the limits of discretionary power, as well as the systemic method, which tends to the possibility of bringing scientific research a cardinal importance. The results and implications of the study will be major from the perspective of the application of the law and the interpretation of the legal provisions, taking into account the legal nature of the right to use a land assigned on the basis of the special law.

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The Latest Legislative Changes of the Administrative Litigation Law No. 554 of 2004

Author(s): Adriana Deac / Language(s): English Publication Year: 0

Recently, the Administrative Litigation Law no. 554 of 2004 was amended successively, in a very short period of time. This unusual fact caught my attention and led me to scientifically analyze these legislative changes. It is very true that the entire normative act was not amended, but only certain articles regarding the procedure for resolving administrative law disputes, namely the suspension of the execution of the disputed administrative act, the forced execution of final court decisions and the regressive action granted to the public institution against the official or dignitary who improperly issued, late or did not issue the administrative act in dispute. It is obvious that the changes made to the law were imposed by the practical demands of resolving administrative law disputes. The scientific approach aims to analyze the specific changes made to the Administrative Litigation Law no. 554 of 2004, to criticize them, identifying the positive and negative aspects, if any. Also, considering that jurisprudence was the one that imposed these changes, I will try to identify some court decisions relevant to this scientific approach.

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The Impact of Rulings Relating to Questions of Law on Administrative Acts

Author(s): Anamaria Groza / Language(s): English Publication Year: 0

To say of law that it is an evolving system is already a truism. The values of society change, and legal rules sooner or later align with the new directions of social development. Legal institutions interact and produce unexpected consequences at the time of their regulation. Such consequences affect the normative pyramid more or less widely, in relation to the level at which the transforming legal event took place. The normative pyramid is readjusting, and the validity of certain normative acts must be reassessed. Such an effect can be produced by the preliminary rulings on questions of law, pronounced by the High Court of Cassation and Justice. The following article presents an analysis of the validity of some normative administrative acts in the context of Decision no. 65/26.10.2020, pronounced by the HCCJ – The Panel for preliminary ruling on questions of law. Our research is descriptive and explanatory, and contains relevant case law. The purpose of the article is to analyze the solutions in case of a conflict between a preliminary ruling and an administrative act. The caducity of the administrative act can be one of them and it is especially entailed by the moment from which the preliminary rulings become binding erga-omnes.

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Considerations Regarding the Appeal to the Administrative Court of the Individual Performance Appraisal Report of Civil Servants

Author(s): Eugenia Iovănaş / Language(s): English Publication Year: 0

Performance indicators are established to assess the degree to which individual civil servants have achieved their objectives. The setting of individual objectives and performance indicators must be linked to the tasks and objectives of the institution in which the civil servant works. The process of evaluating the individual performance of civil servants shall establish the training requirements for civil servants. The objectives set out in paragraph 1 shall be set out in the following way (1) shall be established in accordance with the duties of the job description, by reference to the public office held, its professional grade, the theoretical and practical knowledge and skills necessary for the performance of the public office held by the civil servant, and shall correspond to the objectives of the department in which the civil servant works. The performance indicators referred to in paragraph 1 shall be those set out in Annex I. (1) shall be established for each individual objective, in accordance with the level of the public office holder's duties, by reference to the requirements of the quantity and quality of the work performed. In all cases, the individual objectives and performance indicators shall be made known to the public servant at the beginning of the period under evaluation. In this article, we propose to discuss relevant aspects of the analysis of the annual individual performance appraisal report of civil servants, by analysing the two methodologies for the annual performance appraisal of civil servants, as described above, with reference to the relevant judicial practice.

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The Administrative Court System and Its Impact on Albanian Private Entities

Author(s): Linert Lirëza / Language(s): English Publication Year: 0

The establishment of Administrative Courts in Albania is an important step done in the justice system. The law on administrative courts approved by the Assembly was expected to strengthen the justice system of the country, improve access to justice for citizens and businesses, and facilitate faster procedural actions and trials. Administrative Courts decisions have a direct influence in creating an appropriate climate between public administration and private entities and solving with efficiency the disputes between them. This reform was considered as necessity with the sole purpose of creating a more peaceful climate for the progress of the reports between Public Administration and Private Entities. The purpose of this paper is to investigate the impact of administrative court on Albanian private entities. The Law on Administrative Courts has defined and directed the limits of judicial control over the legality of administrative actions towards three aspects: facts, time and discretionary power. The paper analyzes the activity of the Administrative Court and innovations of this law. Judicial control constitutes the strongest guarantee for individuals in their dealings with the administration in particular and with any public powers in general that their rights will be upheld. At the end, the paper presents the findings produced by survey data collected.

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Authority of Res Judicata of the Decision of the Administrative Court before the Criminal Court

Author(s): Costel Cristinel Ghigheci,Vlad Mihai Neagoe / Language(s): English Publication Year: 0

A long-standing issue discussed in judicial practice is that of the effects that a final judgment of an administrative court should have when it has decided a question of fact or law that would be relevant to the existence of an offence that is the subject of a criminal case. The restriction before the criminal court of the authority of res judicata of a judgment of the civil court relating to a preliminary issue in criminal proceedings – in view of valid, substantial and compelling reasons, such as the lack of identity of the parties (including the prosecutor), the differences between the two actions, the distinction between the legal interests protected and the application of the principle that fraud corrupts everything (fraus omnia corrumpit) – is without prejudice to the principle of legal certainty as the basis of res judicata. From an objective point of view, the criminal court, which has the benefit of specific procedural means and special procedural safeguards, would have the power to overturn the civil court’s ruling in order to restore legality and not to abolish the legal relationships established on the basis of the civil judgment. From a subjective point of view, the person concerned would have no legitimate expectation of opposing in criminal proceedings the right he had won before the civil court, since the fundamental differences between criminal proceedings and civil proceedings are well known.

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Control over the Administration in Kosovo

Author(s): Artan Maloku / Language(s): English Publication Year: 0

The administration has a very important role in the functioning of the state, in addition to the special role it has, it must act according to the laws and rules that define the work of the administration. Therefore, in the administration we need supervision or control of the administration. The purpose of this paper is the research related to the notions of the activity of the institutions and the presentation of some acts which have been subjected to the control in the procedure. As for the methodology, we will treat the manuscript according to the historical, analytical, comparative scientific method. In the first part of this paper, we will get to know the role and importance of control in the administration's operation. Further, the paper will deal with the structure of the control elements, explaining what are the subjects, the object and the authorizations of the control which are developed by the concrete institutions where the basis for them is the exercise of control and the operation of legality.

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