Ролята на петициите в контекста на прилагането на правото на Европейския съюз

Author(s): Anna Adamova / Language(s): Bulgarian Issue: 1/2017

One of the fundamental rights of every European citizen is the right to petition to the European Parliament under the TFEU. In the following research petitions are seen as a useful source of information for detecting potential violations and breaches in the implementation of EU legislation, as well as a useful tool for better assessing the impact that EU legislation has on people’s daily lives.

Ненарушимото ядро на конституциите в контекста на правото на Европейския съюз

Author(s): Andon Tashukov / Language(s): Bulgarian Issue: 1/2017

The demarcation line between the EU law and national law in the context of sovereignty and sincere cooperation is to be analyzed with the help of the concept “inviolable core of the constitution”. This report will review the essence and functions of this idea and the attempts by the constitutional courts to redefine a list of competences that cannot be affected by the principle of conferral.

Шенгенска информационна система

Author(s): Vladimir Valev / Language(s): Bulgarian Issue: 1/2017

The Schengen Information System (SIS) is a centralized, large-scale information system, supporting the checks of persons and objects at the external borders of Schengen and enhances judicial cooperation and judicial cooperation in 29 countries across Europe. The introduction of common standards, as well as the use of a common information system, gives priority to law enforcement agencies in all Schengen Member States in achieving security, freedom and order in the Community.

Конституционни права и национална идентичност в правото на ЕС

Author(s): Dimitar Angelov / Language(s): Bulgarian Issue: 1/2017

The present report contains a brief outline of ECJ’s jurisprudence on the application of the ‘national identity clause’ (Art. 4, paragraph 2 TEU) within the context of collisions between market freedoms and fundamental rights, which are subject to specific protection in Member State’s constitutional law.

Расовата дискриминация - перспектива на проблемите на принципа за равно третиранe в Европа и България

Author(s): Ivan Ivanov / Language(s): Bulgarian Issue: 1/2017

Concerning the 10 years of Bulgaria's membership to the EU, the article presents shortly the EU process of development of the principle of equal treatment with the adoption of the Race Equality Directive, the transposition of which became obligatory requirements to the EU member states and to the accession countries. It also touches upon the perceptions of Central and Eastern European states before their accession, concerning racism and racial discrimination and the further development of the Bulgarian anti-discrimination legislation with the transpositon of the EU Race Directive. The article provides some of the many definitions on racism, discrimination, racial discrimination and definitions about direct, indirect discrimination as statde in the Race Directive. The author express its concerns on the prevalence of racial and ethnic discrimination as a social deviation and the need civil society and responsible authorities to join forces in the fight against all forms of discrimination.

Проверките за почтеност като част от борбата с корупцията и защитата на правата на човека: европейските стандарти и практиката на Европейския съд за правата на човека

Author(s): Diana Kovacheva / Language(s): Bulgarian Issue: 1/2018

The fight against corruption is one of the cornerstones of the rule of law but the protection of human rights is among its key elements as well. The link between corruption and human rights can be seen twofold: on the one hand, corruption infringes all recognized human rights, but on the other – integrity checks, as a mechanism for prevention of corruption, can also lead to serious violations of human rights. The latter is tackled by the Venice Commission and the European Court of Human Rights (ECtHR). The European standard for human rights protection does not forbid the use of integrity checks as a tool for curbing corruption and recognises their importance for the contemporary approaches to combat serious crimes. Despite of this, in the context of the implementation of integrity checks the case law of the ECtHR highlights a big number of violations of human rights related mainly to art. 6 (right to fair trail) and art. 8 (right to private and family life) from the ECHR. In the article the author puts an accent on the standards for integrity checks from the point of view of the practice of the ECtHR. In the context of the violations of art. 6 the focus is put on the use of undercover operations and agents, the incitement of bribe, the collection and use of evidences. In view of art. 8, the main issues are related to secret surveillance, tapping of telephones and surveillance of correspondence of physical and legal persons, and GPS surveillance. Special attention is paid to the specific test the ECtHR uses in order to determine infringements of art. 8: whether the interference was in accordance with the law, whether it had a legitimate aim and was the interference necessary in a democratic society.

Механизми за съответствие между националния правен ред и правото на Европейския съюз от съдебен, конституционен и институционален порядък

Author(s): Andon Tashukov / Language(s): Bulgarian Issue: 1/2018

The principle of uniform application of EU law is a fundamental principle of European Union law which aims to achieve the lowest rate of collisions between legal orders. The purpose of the report is to define and review different types of compliance mechanisms between the national law and the Union law with focus on those ensured through judicial, constitutional and institutional means.

Активиране на процедурата по чл. 50 ДЕС /Brexit/

Author(s): Tsvetelina Meleva / Language(s): Bulgarian Issue: 2/2019

The article discusses the relationship between the UK and the European Union chronologically from 2016 to the present. Attention is drawn to the economic, political and strategic aspects of the relationship and their possible development. This article presents an important part of foreign policy in the new UK history. Outlines are manifestations, essential moments of British foreign policy in relation to their relations with the European Union. A period marked by important changes and many transformations that have occurred in British society and influencing the relationship of the Kingdom with a united Europe has been explored.

ЗАЩИТА НА ДЛЪЖНИКА ПРИ УПРАЖНЯВАНЕ ПРАВАТА НА КРЕДИТОРА ПО РЕГЛАМЕНТ (EС) 655/2014 В ПРОИЗВОДСТВО ПО ИЗДАВАНЕ НА ЕВРОПЕЙСКА ЗАПОВЕД ЗА ЗАПОР НА БАНКОВИ СМЕТКИ С ЦЕЛ УЛЕСНЯВАНЕ НА ТРАНСГРАНИЧНОТО СЪБИРАНЕ НА ВЗЕМАНИЯ ПО ГРАЖДАНСКИ И ТЪРГОВСКИ ДЕЛА

Author(s): Radostina Nikodimova / Language(s): Bulgarian Issue: 1/2020

Regulation (EU) No 655/2014 establishes a simplified procedure for issuing an European Account Preservation Order related to cross-border debt recovery in civil and commercial matters. The debtor’s remedies are regulated and structured in four lines of remedies: 1) Remedies of the debtor against the Preservation Order, 2) Remedies of the debtor against enforcement of the Preservation Order; 3) Protection available to both the debtor and the creditor; and 4) Right to provide security in lieu of preservation.

ПЕРИОДИЗАЦИЯ В ОТНОШЕНИЯТА МЕЖДУ ОБЕДИНЕНОТО КРАЛСТВО И ОБЩНОСТТА

Author(s): Tsvetelina Meleva / Language(s): Bulgarian Issue: 1/2020

This article presents key aspects of the UK's foreign policy from the end of the Second World War to the end of the Cold War. Outlines are key aspects of British foreign policy in relation to their relations with the European Union. A period marked by important changes in the system of international relations, as well as many transformations that are taking place in the British society and influencing the relationship of the Kingdom with a united Europe, have been investigated.

ПРАВНА РЕГЛАМЕНТАЦИЯ НА ВЗАИМОДЕЙСТВИЕТО МЕЖДУ ВЪОРЪЖЕНИТЕ СИЛИ И ДРУГИТЕ ДЪРЖАВНИ ОРГАНИ В ИНТЕРЕС НА ВЪТРЕШНАТА СИГУРНОСТ НА СТРАНАТА

Author(s): Zhivko Yordanov / Language(s): Bulgarian Issue: 1/2020

The Armed Forces, as part of the national security system, have their responsibilities to protect internal security and the legitimate legal order of the country. Their participation in such activities can only be done based on the law in co-operation with other National Authorities and institutions.

COVID-19 И НЯКОИ ПРЕДИЗВИКАТЕЛСТВА ПРЕД МЕЖДУНАРОДНОТО ПУБЛИЧНО ПРАВО

Author(s): Anguel Gueorguiev Anastassov / Language(s): Bulgarian Issue: 3/2020

Challenges to a number of institutes of the modern public international law because of the COVID-19 have been analyzed in the article. Principles of public international law, obligations of states in line with the International Health Regulations of the World Health Organization, responsibility of the state, setting up of an independent commission of inquiry for COVID-19, as well as the international legal prohibiition of biological weapons have been examined. Some gaps in the current public international law have been defined. Some conclusions for the necessity of improvement of the international legal instruments in cases of pandemia have been made.

ПЕРСПЕКТИВИ НА ИНСТИТУЦИЯТА ОМБУДСМАН В АРМЕНИЯ

Author(s): Maria Hovsepyan / Language(s): Bulgarian Issue: 1/2021

The analysis aims to follow Armenia's international commitments under bilateral cooperation and European Union legislation to establish out-of-court remedies for the protection of human and civil rights. The Armenian perspective has been examined in the light of the ombudsman's institution and contains proposals for improving the legislation in line with modern democratic criteria for protection mechanisms.

ТЕНДЕНЦИИ В РАЗВИТИЕТО НА MОРСКОТО ПРАВО НА ЕВРОПЕЙСКИЯ СЪЮЗ В ОБЛАСТТА НА МОРСКАТА БЕЗОПАСНОСТ

Author(s): Kremena Lazarova / Language(s): Bulgarian Issue: 1/2021

The article presents the competent authorities within the European Union for the conducting of the EU Maritime Safety Policy (SGP). Maritime Legal Instruments, part of the acquis communautaire and the challenges and the priorities in the field of the EU Law of the Sea are also stated.

ПРИЗНАВАНЕ И ИЗПЪЛНЕНИЕ НА АКТОВЕ НА СЪДА ПО НЕСЪСТОЯТЕЛНОСТТА В ДРУГИ ДЪРЖАВИ ЧЛЕНКИ НА ЕС

Author(s): Daniel Yordanov / Language(s): Bulgarian Issue: 1/2021

The subject of the report is to review the main specifics concerning the recognition and enforcement of judgements in or about the insolvency proceedings between member-states of the European Union. The principle of automatic recognition will be examined, as well as the rules for dispute resolution about competence, and the grounds for non-recognition of judgements. Some of the more important case law will be given.

ПРИЗНАВАНЕ НА ЧУЖДЕСТРАННИ СЪДЕБНИ РЕШЕНИЯ И ДРУГИ АКТОВЕ, УРЕЖДАЩИ ПРАВНОТО ПОЛОЖЕНИЕ НА ФИЗИЧЕСКИ ЛИЦА В РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Eva Kaseva / Language(s): Bulgarian Issue: 2/2021

The study analyzes the provisions of Articles 117–124 of the Code of Private International Law of the Republic of Bulgaria regulating recognition of foreign court decisions and other acts. The rules are examined concerning personal status of individuals. The practice of application of the norms by courts is given.

ЧЕТИРИНАДЕСЕТИЯТ КОНГРЕС НА ООН ПО ПРЕВЕНЦИЯ НА ПРЕСТЪПНОСТТА И НАКАЗАТЕЛНО ПРАВОСЪДИЕ В СЯНКАТА НА COVID-19

Author(s): Dobrinka Chankova / Language(s): Bulgarian Issue: 2/2021

ПОТЕНЦИАЛНАТА РОЛЯ НА ИЗКУСТВЕНИЯ ИНТЕЛЕКТ И ДИГИТАЛНАТА КОМУНИКАЦИЯ В ДОГОВОРНОТО ПРАВО НА МЕЖДУНАРОДНИТЕ ОРГАНИЗАЦИИ

Author(s): Georgi Bakyov / Language(s): Bulgarian Issue: 3-4/2021

This article purports in a limited way to present the potential connection and the aptitudefor interaction between the technology of artificial intelligence and digital communicationwith the law of treaties of international organizations. The main hypotheses have been outlined, according to which digital products can be used to improve the international contractual process.This article purports in a limited way to present the potential connection and the aptitude for interaction between the technology of artificial intelligence and digital communication with the law of treaties of international organizations. The main hypotheses have been outlined, according to which digital products can be used to improve the international contractual process.

SOFT LAW И ДОГОВОРИТЕ НА МЕЖДУНАРОДНИТЕ ОРГАНИЗАЦИИ

Author(s): Georgi Bakyov / Language(s): Bulgarian Issue: 1/2022

The relationship between the treaty and custom or between soft law and custom is the subject of a broad theoretical analysis. The connection between the treaty and soft law is less sought, but it is of no less theoretical and practical value and is of great importance for the functioning of international organizations. This article aims to point out the growing idea that soft law has a place in international treaty law.

ПРАВНА УРЕДБА НА ПОЛИТИКИТЕ НА ЕВРОПЕЙСКИЯ СЪЮЗ ЗА ЗАЩИТА НА ВЪНШНИТЕ ГРАНИЦИ

Author(s): Aleksandra Valcheva / Language(s): Bulgarian Issue: 2/2022

The creation of an area of freedom, security and justice is a key objective of the European Union, for the accomplishment of which a number of actions and measures have been taken over the last decade. Some of them are aimed at ensuring effective protection of the external borders of the European Union, which is a basic prerequisite for the implementation of European priorities and for guaranteeing the fundamental rights and freedoms of citizens. In recent years, the European Union has faced a number of new risks and challenges in the field of protection of the EU‘s external borders. One of the most significant among them, without a doubt, is the migration crisis of 2015 and its consequences. This crisis has led to an unprecedented influx of refugees and illegal migrants into the EU, has had a major impact on a number of areas of public life, and has revealed significant shortcomings in the Union‘s existing mechanisms for managing and protecting the Union‘s external borders. Today, Europe is facing another serious challenge, which in a short period of time has drastically changed the normal functioning of the Union and the lives of its citizens, namely the COVID-19 pandemic. This article analyzes the established European legal framework in the field of protection of external borders, including border control, asylum and immigration, and the current challenges facing the European Union in conducting policies in this area.