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Правни аспекти на действието на правото на ЕС според конституциите на държавите-членки

Author(s): Andon Tashukov / Language(s): Bulgarian Issue: XIV/2016

The Constitutions of EU’s Member-states are the supreme national law, governing the effects of the domestic law. Their sanction is of utmost importance of EU’s applicability as well. As some of the Constitutions ensure the primacy of EU law, others under certain limits, give primacy to domestic legislation, while thirds tacitly accept it. The aim of this paper is the review the constitutional basis of EU’s principle of primacy.

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Международна правна помощ по наказателни дела. Следствени поръчки във фазата на досъдебното производство между държавите-членки на ЕС

Author(s): Vladimir Valev / Language(s): Bulgarian Issue: XIV/2016

This article explores the oldest means of legal cooperation between countries in the fight against crime. Attention is paid to the procedure itself the execution of requests for legal assistance in practical terms, as well as Bulgaria has requested state and when praying. Discusses the various forms of legal assistance and the consequences of their implementation.

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Понятието „Национална идентичност“ в правото на Европейския съюз

Author(s): Dimitar Angelov / Language(s): Bulgarian Issue: XIV/2016

The present report aims to analyze the concept of “national identity” in the context of EU Law. The main emphasis is placed on the question whether the European Court of Justice (the ECJ) has jurisdiction to determine autonomously the scope and the content of Member State’s “national identities”, which, under Article 4 (2) TEU, the Union has duty to respect.

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Съдът на ЕС като двигател на европейската интеграция с оглед на утвърждаването на основни принципи на правото на ЕС

Author(s): Petar Vasilev / Language(s): Bulgarian Issue: XIV/2016

The main features of EU law аre derived from the jurisprudence of the Union. The Court of Justice identified the main principles of European construction. This report examines five of them, namely direct effect, primacy of Union law, expanding beyond the competences explicitly regulated in the Treaties constitutional status of European Union law and mutual recognition.

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МЕСТНО САМОУПРАВЛЕНИЕ НА АВСТРИЯ И БЪЛГАРИЯ

Author(s): Konstantin Grigorov / Language(s): Bulgarian Issue: XIII/2015

The goal of this analysis is to draw comparisons between the foundations and the organization of local self-government in Federal Republic of Austria and Republic of Bulgaria. The research follows up the term „self-government” as defined by the law theory and the law of the two states. Particular accent has been placed on the municipality as self-governing administrative and territorial unit.

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E PLURLBUS UNUM? ПРОБЛЕМИ ПРЕД ХАРМОНИЗАЦИЯТА НА ДРУЖЕСТВЕНОТО ПРАВО В ЕВРОПЕЙСКИЯ СЪЮЗ

Author(s): Martin Babarov / Language(s): Bulgarian Issue: XIII/2015

Although smaller but still substantial part of the acts of the secondary EU legislation refers to coordination to the necessary extent of the safeguards required by Member States in respect of companies within the meaning of Article 54, para. 2 of the Treaty on the Functioning of the European Union. The aim is to protect the interests of members of companies and third parties with a view to making such safeguards equivalent throughout the EU, thus ensuring the freedom of establishment of companies. The harmonization process raised many issues about the scope and the means employed and in the focus of this analysis shall be examined the problems arising from the legislative framework.

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ОСОБЕНОСТИ НА ПРОЦЕДУРАТА ПО ПРЕКРАТЯВАНЕ НА МЕЖДУНАРОДНИ ДОГОВОРИ

Author(s): Victor Serafimov / Language(s): Bulgarian Issue: XIII/2015

Terminating of international treaties that have been dully concluded and consequently – ratified or confirmed by Bulgaria is a procedure that has been stipulated in the Constitution of Bulgaria and the International treaties Act. The topic has also been explored by the Constitutional Court of Bulgaria. These acts have generally set up the international treaties terminating procedure. The present study explores the separation of powers between the Parliament and the Government of Bulgaria.

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ЕВРОПЕЙСКА ЗАПОВЕД ЗА АРЕСТ

Author(s): Vladimir Valev / Language(s): Bulgarian Issue: XIII/2015

This article refers to the new form of legal Cooperation- Еuropean аrrest warrant. Attention is paid to the procedure itself execute the EAW, and the different grounds for refusal of its application. An analysis of the Commission's reports on the application of the EAW and statistics of cases EAW in Bulgaria.

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ПОНЯТИЕТО ЗА СПРАВЕДЛИВ ПРОЦЕС СПОРЕД EВРОПЕЙСКАТА КОНВЕНЦИЯ ЗА ЗАЩИТА НА ПРАВАТА НА ЧОВЕКА И ОСНОВНИТЕ СВОБОДИ

Author(s): Mariya Hristozova / Language(s): Bulgarian Issue: XIII/2015

One of the most - effective means of protection against arbitrary or omissions of national authorities is a judicial review .In order to fulfill its function it efficient remedy shall meet the requirements referred to in Article 6 of the ECHR. Article 6 of the Convention is a general provision on the right to a fair trial, which formulates different, distinct rights, constituting in the aggregate a single right: the „right to court”. This fundamental right is encapsulated in a number of guarantees set out in article 6 primarily touching the organization and composition of the court conducting the proceedings.

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СВОБОДА НА ДВИЖЕНИЕ НА ЛИЦАТА СЪС СТАТУТ НА БЕЖАНЕЦ

Author(s): Nadia Nedyalkova-Popova / Language(s): Bulgarian Issue: XIII/2015

Each state is required to provide to refugees, staying lawfully in its territory, the right to choose their residence and to move freely within its territory, in accordance with the provisions generally applying to foreigners under the same circumstances. States are obliged to issue identity documents to any refugee, lawfully residing in their territory, who does not possess valid travel document, and documents to travel outside that territory, except where important reasons of national security or public order require otherwise.

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ПРАВОТО НА СВОБОДНО ДВИЖЕНИЕ НА ГРАЖДАНИ НА ЕВРОПЕЙСКИЯ СЪЮЗ В КОНТЕКСТА НА РЕШЕНИЯТА НА СЪДА НА ЕС ПО ПРЕЮДИЦИАЛНИ ЗАПИТВАНИЯ, ОТПРАВЕНИ ОТ БЪЛГАРСКИ ЮРИСДИКЦИИ

Author(s): Petar Vasilev / Language(s): Bulgarian Issue: XIII/2015

European justice is shared between national and Community courts. Between Bulgarian courts and the Court of Justice has established a mechanism for connection by the institute of preliminary ruling. Within the scientific report will be considered decisions of the Court of Justice preliminary rulings of the Bulgarian courts concerning the question of the right of free movement of EU citizens.

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(Не) Прилагане на правото на ЕС от държавите членки

Author(s): Jasmine Popova / Language(s): Bulgarian Issue: XV/2017

The effective application of EU law is essential in order to guarantee European citizens and businesses the enjoyment of the benefits granted by it. The fact that Member States do not apply EU law correctly and effectively obstruct the achievement of key EU policy objectives. The purpose of the article bellow is, by analysing the current situation on Member states compliance with EU law, to outline the more frequent infringements, the main areas concerned, the effectiveness and the means to overcome the wrong application of EU law. Special attention is paid to Bulgaria’s performance in this area during the past 10 years of membership.

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Повелителните норми в съвременното международно частно право

Author(s): Plamenka Markova / Language(s): Bulgarian Issue: XV/2017

The study looks into some general issues related to mandatory (substantive) provisions in conflict of laws namely the concepts and terminology in their development comparing national legislations and the private international law doctrines. Special attention is paid to their relation to conflict of laws rules and to the ordre public exception. The main source of solutions to these problems is art.9 of the Rome I Regulation which is analyzed through the latest case-law of the European Court of Justice (Greece v.G. Nikiforidis; Unamar v. Navigation Maritime Bulgare; Ingmar GB Ltd v. Eaton Leonard Technologies Inc.).

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Настаняване на дете в друга държава

Author(s): Eva Kaseva / Language(s): Bulgarian Issue: XV/2017

Thе current study explores the placement of a child in another country as a measure of protection and manifistation of child protection principle. It analyzes the scope of the concept 'placement' in Regulation No 2201/2003, the Hague Convention on Parental Responsibility and the application of the provisions in national practice (of the Republic of Bulgaria, of other Member States and of the Contracting States to the Hague Convention) and the Court of Justice of the European Union. In the course of the study, are made proposals for amendments in the provisions of Regulation (EC) No 2201/2003, and also are analyzed the proposed amendments in a draft amending it.

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Ролята на теорията на правото в европейската правна традиция и в България

Author(s): Dimitar Hanev / Language(s): Bulgarian Issue: XVI/2017

Theory of law plays a significant part in the process of formation of modern legal systems in Europe for the last 150 years. The paper aims to present the commonalities and the divergences in the legal-theoretical tradition both in Europe and in Bulgaria.

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Производство по отказ за изпълнение на съдебно решение на държава членка на Европейския съюз по Регламент (ЕС) № 1215/2012 пред българските съдилища

Author(s): Tanya Gradinarova / Language(s): Bulgarian Issue: XVI/2017

This report aims to create a discussion regarding some of the problems that arise in the proceedings for refusal of the enforcement of a judgement under Regulation (EU) No 1215/2012, as well as to provide some suggestions de lege ferenda.

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Усъвършенстване на правната уредба на професионалната квалификация, образованието и обучението в съответствие с политиките за обучение на възрастни в Европейския съюз

Author(s): Hristo Banov / Language(s): Bulgarian Issue: XVI/2017

The results from two especially significant research studies conducted and announced over the past four years in the field of adult learning provide an opportunity to reach a number of important conclusions on the state of adult learning policies both in the European Union and hence, even more important to us – in Bulgaria. This, in turn, highlights the need for improvements in the Bulgarian legislation in the area under consideration.

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Ангажираността на Европейския съюз към мира в Западните Балкани

Author(s): Stoyan Memtsov / Language(s): Bulgarian Issue: XVI/2017

The purpose of this article is to analyze the intervention of the European Union in the states of Former Yugoslavia with the purpose of protecting the peace and establishing the rule of law trough the work of the Badinter Commission and the still present in Kosovo EULEX mission.

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Ново или допълнено виждане на СЕС относно понятието за „национална юрисдикция” по чл. 267 на ДФЕС (Изводи от едно от най-важните български преюдициални запитвания – дело Белов, C‑394/11)

Author(s): Atanas Semov / Language(s): Bulgarian Issue: XVI/2017

The article focuses on the important practical issue on the competence of the Commission for the protection against discrimination to request the Court of the EU to give preliminary rulings, on the example of the case “Belov”. The conclusion is made on the heterogeneous case-law of the Court and an approach case-by-case.

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МЕЖДУНАРОДНОПРАВНИ АСПЕКТИ НА НЕРАЗПРОСТРАНЕНИЕТО НА ЯДРЕНОТО ОРЪЖИЕ

Author(s): Angel Georgiev Anastasov / Language(s): Bulgarian Issue: XVII/2018

Non-proliferation treaty and agreements for the establishment of nuclear weapon free zones have been analyzed. Flexible non-proliferation legal mechanisms such as the Nuclear Suppliers Group, the Zangger Committee, the Proliferation Security Initiative, and UN Security Council Resolution 1540 have been explored. The role of the Republic of Bulgaria in the non-proliferation regime has been analysed.

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