Размисли за България, Европейския съюз и промените в Конституцията

Author(s): Nevena Galcheva / Language(s): Bulgarian Issue: 2/2011

In the present work I will try to analyze the legal facts and rules that have accompanied the generations for which in our national calendar the date 9 May was the anniversary of the Soviet Union's victory over Hitlerite Germany in the Great Patriotic War until May 9th as Europe Day , to the fact that Bulgaria is part of a united Europe.In the present work I will try to analyze the legal facts and rules that have accompanied the generations for which in our national calendar the date 9 May was the anniversary of the Soviet Union's victory over Hitlerite Germany in the Great Patriotic War until May 9th as Europe Day, to the fact that Bulgaria is part of a united Europe.

Средствата за правна защита след влизането в сила на договора от Лисабон

Author(s): Galina Grigorova-Mladenova / Language(s): Bulgarian Issue: 2/2011

The Lisbon Treaty mitigates the eligibility of claims brought by natural and legal persons on the legality of acts of the Union institutions. This is that the non-privileged claimants (privileged Member State, European Parliament, Council and European Commission - they are not subject to these eligibility conditions) may seek judicial protection or request judicial review in three cases.

Насилието срещу деца. Закрила и превенция в законодателството на ЕС

Author(s): Yanitsa Zlateva / Language(s): Bulgarian Issue: 2/2011

Violence against children is manifested in a number of forms. For some, such as trafficking or organized pedophile networks, the media is paying great attention. But others are less noticeable. Such is the violence that occurs in places considered as safe havens for children, such as school, family or social care homes. In many European countries, society has tolerated and even approved some forms of violence against children, especially in the family environment. Different manifestations exist both in developing countries and in developed countries. The exact scale of the problem, however, is unknown, as the prevalence of intentional physical and psychological violence against children by parents and other persons has begun to be widely revealed and documented in the last few decades. Despite the numerous international and regional treaties that protect children's rights, violence against children remains widespread. It exists in every country in Europe, regardless of which geographic region the people are or what social status. Although to varying degrees, violence can harm children's health and deprive them of the ability to learn and socialize normally, and leave incurable traces of their lives as adults.

Някои бележки около появата на законодателни инициативи срещу носенето на бурка на обществени места в страни-членки на Европейския съюз

Author(s): Tencho Yordanov / Language(s): Bulgarian Issue: 3/2010

The author provides brief examination of the origins of the public discourse and subsequent legislative efforts on the institutional, municipal and state levels. The competing rationales for such efforts in the different member-states are discussed and illustrative cases are presented that highlight the problematic nature of such restrictions and the difficult balance between the religious freedom of the Muslim immigrants and the Western societies’ notion of integration.

Принцип на закрила на чуждестранните инвестиции

Author(s): Vania Manolska / Language(s): Bulgarian Issue: 3/2010

In this paper I have touched the principle of protection of foreign investment in EU countries and countries that are not its members. I took a look at their policy in protecting investors. I compared the working system of foreign investment in the countries that are a part of EU and these ones that are not. I have presented two neighboring countries with their similarities and differences in this sphere. They are Bulgaria and Greece. In this paper I have touched the principle of protection of foreign investment in EU countries and countries that are not its members. I took a look at their policy in protecting investors. I compared the working system of foreign investment in the countries that are a part of EU and these ones that are not. I have presented two neighboring countries with their similarities and differences in this sphere. They are Bulgaria and Greece.

Министерството на правосъдието не разчете правилно договора за функционирането на ЕС

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 3/2010

In the present article the author (who was a participant in the selection procedure under discussion in the paper) shares her views on the developments concerning the organization and the consequences of the selection procedure for a new Bulgarian judge in the General court to the Court of Justice of the EU (CJEU) in Luxembourg. The procedure, which was based on a Decree No 214/2010 adopted by the Council of Ministers of the Republic of Bulgaria, failed at the end because of the irregularities vitiating initially some of the provisions of the above mentioned Decree which are inconsistent with the binding provisions of the TFEU. According to the author the solution for the deadlock following the unsuccessful selection procedure lies in a prompt and indispensable procedure for preliminary ruling before the CJEU for the interpretation of the relevant Treaty provisions. In the present article the author (who was a participant in the selection procedure under discussion in the paper) shares her views on the developments concerning the organization and the consequences of the selection procedure for a new Bulgarian judge in the General court to the Court of Justice of the EU (CJEU) in Luxembourg. The procedure, which was based on a Decree No 214/2010 adopted by the Council of Ministers of the Republic of Bulgaria, failed at the end because of the irregularities vitiating initially some of the provisions of the above mentioned Decree which are inconsistent with the binding provisions of the TFEU. According to the author the solution for the deadlock following the unsuccessful selection procedure lies in a prompt and indispensable procedure for preliminary ruling before the CJEU for the interpretation of the relevant Treaty provisions.

Хармонизация на българското наказателно право с правото на европейския съюз относно престъпленията против околната среда

Author(s): Mihaela Kiryazova / Language(s): Bulgarian Issue: 1/2009

ANTROJI SCHOLASTINĖ FILOSOFIJA: TARPCIVILIZACINIO DIALOGO PAIEŠKA

Author(s): Vytis Valatka / Language(s): Lithuanian Issue: 97/2018

The article analyzes the international law theory of Second Scholasticism (16–18th c. AD ) contained within the legal philosophy that distinguished itself by completeness and depth of analysis. The author of the article concentrates on the fundamental rights of every nation and state presented by Dominican friar Francisco de Vitoria. The article comes to conclusion that, having been translated into the space of cultures and civilizations, those rights would turn into the fundamental liberties of every culture and civilization. Since the above-mentioned rights represent and implement the respectful, protective and fostering attitude to diverse civilizations and cultures, they could be used as tools for maintaining fostering and ensuring intercultural / intercivilizational communication and dialogue.

The UN Guiding Principles on Business and Human Rights and their Implementation in Germany and the Czech Republic

Author(s): Harald Christian Scheu,Jitka Brodská / Language(s): English Issue: 2/2019

In this paper the authors focus on the United Nations Guiding Principles on Business and Human Rights of 2011 which present the most ambitious international attempt to tackle the problem of business and human rights. The authors deal with the genesis and the added value of the UN Guiding Principles and analyze which legal tools may be used by victims against business entities that have violated their human rights. A special view is given on law and legal practice in Germany and in the Czech Republic. Although the UN Guiding Principles, so far, have had only little influence on national rules concerning jurisdiction, procedural and material law in liability cases we find that their pontential shall not be underestimated. We expect that the implementation of the UN Guiding Principles will lead to a reform of national procedural regulations. States will have to consider ways how to introduce new procedural instruments like e.g. representative action and class action and how to address issues concerning evidence in international cases.

Приветствено слово, произнесено на церемонията по удостояване на акад. Антонио Фернандес де Бухан и Фернандес с почетната титла Doctor Honoris Causa на Нов български университет

Author(s): Juan Manuel Blanch Nuges / Language(s): Bulgarian Issue: 3/2018

Welcome speech delivered at the ceremony of awarding acad. Antonia Fernandes de Buhan and Fernandez with the honorary title Doctor Honoris Causa

Преглед на правната защита на автроското право и сродните му права по българското право и предизвикателствата пред нея в европейнски и международен мащаб

Author(s): Nikolay Ivanov / Language(s): Bulgarian Issue: 2/2009

The history of mankind is a story of the application of imagination or of innovation and creativity to existing knowledge. In this way, the progress of the society in solving some or other problems has been achieved and a higher living standard is achieved 3. Intellectual property is a term that describes ideas, inventions, technologies, works of art, music, literature that are intangible when they are created, but they acquire value in material form as products. Intellectual property is the commercial application of creative thought that solves a particular technical or artistic challenge.

Източници на правна уредба на гражданството в сходни на България в демографско-правно отношение държави

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 2/2008

In the last almost 20 years of transition, one of the most obvious negative trends, which is largely a direct consequence of the radical changes in social and political life, is the future of growing concern is the decrease of the population of the Republic of Bulgaria. The case of Bulgaria is not an isolated phenomenon because, as the European Commission acknowledges in a number of documents, one of the most serious problems of the European Union (EU) in general is the growing and decreasing population of the Member States.

Лисабонската стратегия - как ще изглежда Евопейския съюз през 2010?

Author(s): Gergana Petrova / Language(s): Bulgarian Issue: 2/2008

The European Council adopted in Lisbon in March 2000 a European Union Development Strategy which outlines a new role in the world for the enlarged European Union in the 21st century. The EU has a new strategic objective: "to improve the quality of life of its citizens and the environment by 2010. The European Union must become the most competitive and dynamic knowledge economy in the world capable of sustainable economic growth, with more and more better jobs and better social integration".

Условно осъждане и помилване

Author(s): Anna Popova / Language(s): Bulgarian Issue: 1/2005

The following project is dedicated to the issues of suspended sentence and reprieve. A comparison is made between the current legal organisation of these two institutes of law but the emphasis is put on their differences.

Условна и/или суспендирана присъда и пробация в Хърватска

Author(s): Nikolay Nikolov / Language(s): Bulgarian Issue: 1/2005

In Croatian criminal law the suspended sentence is one of two non – custodial measures (the second is admition) with the purpose of giving the perpetrator a reprimand wich achieves the purpose of criminal sanctions by pronouncing a sentence without executing it. This work examines from all sides the criminal law practice in Croatia referring to conditional and suspended sentence and probation.

Конституционната основа на членството на Република България в Европейския съюз

Author(s): Pamela Buchkova / Language(s): Bulgarian Issue: 2/2005

The article focuses on the amendments of the Bulgarian Constitution regarding the legal membership of Bulgaria to the European Union. The text of the new Para 3, Art. 4 which was included to the Constitution before the signing of the Accession Treaty has been analyzed. Article 4, Para 3 states: “Bulgaria contributes to the building and development of the European Union.” The personal opinion of the author is that in the future the common European values will be part of the Bulgarian legal order.

Język jako wyznacznik tożsamości narodowej w europejskim systemie prawnym

Author(s): Witold Sobczak / Language(s): Polish Issue: 42/2018

The problem of protection languages of national minority in european countries is connected with necessity of protection minorities themselves. The term „minorities” and the scope of thers rights are open question. The existence of a minority in a particular countrys depends on the authorities’ acknowledgment of this fact. The state must recognize the existence of minorities within its borders and grant them rights. Protection of the rights of national minorities, including the need to protect the minority language, belong to those issues which are of interest of international organizations and institutions and are also subject to regulation in relevant treaties and international agreements.

SRPSKA VLADA I POVREDE MEDUNARODNOG PRAVA SRBIJE OD STRANE AUSTRO-UGARSKE U PRVOM SVETSKOM RATU

Author(s): Đorđe Stanković / Language(s): Serbian Issue: 1/2001

The crucial change in Serbia’s relations with Austria-Hungary was brought about by the coup in May 1903, when the Karadjordjević dynasty, which relied on the powers of the Entente, especially Russia took the place of the pro-Austrian Obrenović ruling family. In the meantime, the great powers had reached an agreement at the Hague congresses in 1899 and 1907 regarding the codification of international law, particularly in the field of war operations. The Hague Conventions, especially the Hague Code, precisely determined what the actions of the occupying forces were to be in regard to prisoners of war and the civil population. From the beginning of the Customs War in 1907, and particularly from the annexation of Bosnia and Herzegovina in 1908 and during the Balkan Wars, an anti-Serbian atmosphere was built up in Austria-Hungary. After the assassination in Sarajevo and the outbreak of war, this public sentiment was transformed to racial and religious hatred, resulting in numerous crimes in Mačva and other parts of Serbia temporarily occupied by Austria-Hungary. Civilians and the wounded were killed, while private property was looted and destroyed. The Serb Government reacted immediately by sending notes to the signatories of the Hague Convention, which it continued to send for the entire duration of the war. The notes, in addition to referring to the violations of international law already mentioned, also described the Austrian and Hungarian authorities’ cruel treatment of war prisoners, interned civilians, the requisitioning of food and cattle, the confiscation of farming tools and equipment, factories, spas, and the personal property of people who had fled or been driven out, the desecration of churches, educational and cultural institutions, and the various forms of denationalization exercised over the Serbs. The Serb Government endeavored to relieve the suffering of war prisoners and interned civilians by sending material aid through humanitarian organizations to the population of Serbia and Montenegro and through the missions of neutral countries they also sent aid to those held in prison camps throughout Austria and Hungary. Nevertheless, the death toll was extremely high - 45% (approx. 80,000 people).

Zabrana diskriminacije zbog nošenja marame u kontekstu presuda Suda EU: Achbita i Bougnaoui

Author(s): Kemal Efendić / Language(s): Bosnian Issue: 22/2018

The conceptual definition of discrimination suggests that discrimination is a disadvantage for individuals because of race, ethnicity, religion, nationality or any other affiliation. It is only after the Second World War that we can talk about the prohibition of discrimination that is prescribed in various international legal documents - both at the UN level and within the various regional international documents. Unlike conventions and declarations adopted within the UN, which did not specify an effective protection mechanism, they are regional ones. First of all, we mean the European Convention on Human Rights and Fundamental Freedoms, as well as the European Court of Human Rights, which protects the rights prescribed by the Convention. In addition, the EU Charter of Fundamental Rights, which prescribes the protection of human rights, has been adopted within the EU, for which the interpretation of the jurisdiction of the EU Court is when the national courts are contacted. Article 21 prohibits discrimination. One of the protected bases is the prohibition of discrimination based on religion or belief. This is precisely what the cases of Achita and Bougnanoui, who found themselves before the Court of the EU, and who resolved them differently, indicate discrimination in one case (Bougnaoui), while in Achbita the same is not recognized.

KRALJEVINA SHS – STARA ILI NOVA DRŽAVA - RASPRAVE VOĐENE 20-TIH GODINA POVODOM SUDSKOG SPORA IZMEĐU NEMAČKIH DRŽAVLJANA I KRALJEVINE SHS

Author(s): Nebojša Popović / Language(s): Serbian Issue: 2/1998

The Treaty of Versailles, concluded at the end of the First World War, introduced a new term in international law, that of the "new state". The division of states into old and new was made in connection with the rights of certain countries to claim compensation for war damage. The old states from the group of (he "allied powers" were allowed to secure compensation for war damage in a number of ways, including that of liquidating the property of German citizens on their territory. The new states belonging to the same group did not have this right since they did not exist at the time of the war and, consequently, could not have suffered any damage as a result of it. In the event any of the new stales did liquidate the property of their German citizens the latter could seek help from the Joint Elective Court in Geneva. The Versailles Treaty did not, however, specify the names of the countries considered to be new. The government of the Kingdom of the Serbs, Croats and Slovenes thought their country belonged in the group of old stales and liquidated the property of German citizens on Yugoslav territory, while the German citizens, on the other hand, considered the kingdom to be a new stale and filed a complaint before the Court in Geneva. The Court ruled in favor of the Kingdom of the Serbs, Croats and Slovenes. Several eminent legal experts publicly expressed their opinion in the past in regard to this dispute and the essential question whether Yugoslavia was an old state or a new one. Opinions differed in regard to this question but they were quite unanimous in concluding that the decision of the Court in Geneva was just.