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The efficient and professional exercise of the first Romanian EU Council Presidency is possible upon a thorough preparation that adds pressure on the national system for coordination of European affairs to adapt its administrative and coordination capacity not only with regard to logistical aspects of the Presidency’s activities, but also to the elaboration of the political programme implemented during the six month mandate. Hence, concerted action involving both the central public administration and non-governmental actors is necessary to maximize all the expertise available on EU issues in order to build a strong European outlook for the Presidency role. The paper assesses the Council Presidency’s potential to affect the development of the coordination system in the long run related to its nature in terms of the degree of inclusiveness of non-governmental actors in the process of defining the national position on European affairs. In this sense, an analysis of the framework for cooperation between the government and the civil society representatives in general and in the context of the preparations for the Presidency was conducted through the theoretical lens of the critical junctures concept in order to establish whether the transformations triggered by this event might have reorganized the pre-existent institutional arrangements of the system. The analysis has revealed that although the involvement of civil society actors in European affairs has increased in the last 2 years, a close cooperation with the Government is unlikely to continue in the future past the Presidency, meaning that the latter fails to be a critical juncture in the development of the coordination system.
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The implementation of transitional justice institutions is a complex process. It is dynamic and conditioned by various factors of political, legal, historical, religious nature. Thus, it cannot be uniform, and inevitably determines effects to its respective society. Traditionally, the field experts are divided in two groups: advocates of criminal investigations and supporters of amnesty processes. The analysis is also relevant for the Republic of Moldova, which has two sensitive situations that could benefit of the tools of transitional justice: the unresolved Transnistrian conflict and a politically divided society.
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Liberal West and its philosophy security face a number of challenges. On the one hand, these are internal problems of the West, on the other hand, are different in cultural and civilizational modes.
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This paper deals with an issue of legal representation throughout the history of Poland, with special regard to the first decade after World War II. The Office of the Prosecutor General of the Republic of Poland created after the restoration of Poland’s sovereignty in 1918, providing a high quality of legal representation of the State Treasury, was reinstated by the communist authority after World War II in order to secure financial interests of the newly built people’s state. Nationalization of industry, an introduction of centrally-controlled economy, and expansion of the state administrative-economic apparatus to colossal proportions, however, led to a situation in which the centralized model of legal handling of the State Treasury ceased to be efficient. After the abolishment of the Office of the Prosecutor General of the Republic of Poland in 1951, the authorities attempted to implement a mixed model of legal representation. However, it only lasted for three years, and eventually, the Soviet model was copied — full decentralization of legal handling of the apparatus of authority, administration, and state-owned enterprises. The decentralized model of legal management of the State Treasury’s interests remained in place unusually long, for over half a century. It outlasted the regime transformation by 16 years. Attempts to reinstate the centralized system of legal representation of the State Treasury were undertaken repeatedly (in 1990, 1992, and 1998). However, it was not until 2005, when the political climate was ready for this reform and the appointment of the Office of the Prosecutor General of the State Treasury, which resumed its activity in March 2006.
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This report does not analyse the whole range of implications of parties and elections relationship and impact on political representation and constitutional government but concentrates on comparative constitutional and paraconstitutional interrelationship between parties and elections and of the international standards on the role of parties and elections to the representative government as provided in mainly the Venice commission documents. To avoid redundancy by repetition and the situation when my comparison attempts of the emerging national models and best practices would be tantamount of bringing water into a well I will limit my which should be considered as a part of the whole treatment of the issue by the speakers of the present panel. My report is based on the international and especially European standards established mostly in the soft law instruments of the Venice Commission of the Council of Europe and OCSE ODIHR. Without any doubt issues of parties and elections relationship and its impact on political pluralism, inter party and intraparty democracy in comparative perspective deserve special attention but for the present purposes and fear from excessive length I will limit myself.
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The article is dedicated to letters rogatory, the basic means of obtaining valid evidence from abroad. The author compares this method with other methods of international judicial cooperation in criminal matters and with law enforcement requests for information on alleged criminal offences as well. He also explains the Bulgarian procedures for incoming and outgoing letters rogatory and takes a look at some necessary legislative innovations in response to modern crime. Specific attention is paid to applicable Council of Europe instruments, especially the Second Additional Protocol to European Convention on Mutual Assistance in Criminal Matters.
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Medicine has developed rapidly in the last twenty years. Scientific advances have changed the context of the question: whether to save a mother or her baby in childbirth, and whether to attempt to treat a baby delivered in a very poor condition. The article considers the public controversy about such matters as the legal status of the fetus, the sanctity of life and the right of the fetus to be buried nevertheless his viability. The main legal criteria of fetal viability and the consequences of prenatal death are examined in depth. The difference between life birth and viability of newborn are emphasized in respect of the legal status of the infant. The law terms “foetus mortuus”, stillborn and death of newborn are defined and differentiated.
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The article reviews comparatively two recent decisions of European supranational courts: the ECJ judgement in the case of Oliver Brüstle v Greenpeace e.V. and the European Court of Human Rights’ judgment in the case S.H. and Others v Austria. Both judgements deal with scientific developments and their legal regulation: the 98/44/EC Directive on the legal protection of biotechnological inventions and the Austrian Artificial Procreation Act respectively. The two courts however approach the respective matter in a very different manner. While the ECJ insists on a uniform definition of human embryo on European level, in order to overcome differences on national level across member states and above all protect the principle of human dignity, the European Court of Human Rights opts for the infamous margin of appreciation of States Party to the Convention, doing no justice to its progressive case-law on precedents set by modern science and technology.
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The subject-matter of this scientific analysis covers the up-to-date legal regulation of the penal-administrative liability for minor administrative violations of labour legislation (Article 415c of the Labour Code) following the most recent amendments of the Labour Code in January 201. The current legal regulation in this area is compared to the former one. The study contains comments on large number of courts judgments with the special emphasis put on the interpretative decision of the Supreme Administrative Court with regard both to its grounds and to its importance in the light of the most recent amendment of the Labour Code.
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The article analyzes the requirements for the position "a member of CEM" from 1997 to 2012. It discusses the law enforcement by the presidential institution during that period and comments the first initiated in 2012 "a nomination procedure."
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The study of the presidential pardon in the current paper is carried out by means of logical analysis and legal interpretation by combination of various methods – lingual, systematic, functional, comparative and historical. The results of each method are corrected by interpreting the principles of law, the purpose of the analyzed statutes and the legislative motives of their passing. The belief of the author is that only thus it is possible to obtain credible results. After examining the Constitution of Bulgaria, the Penal Code and various other acts the author concludes that presidential pardon is possible only in cases of imprisonment where there is no other way of releasing the convicted person. Pardon is not possible for illegal convictions due to the various ways for sentence revocation.
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The present article reveals the main legal characteristics of the right of acquisition of a greater share of the joint matrimonial property due to a contribution according to the Bulgarian family law. The author discusses the prerequisites for the occurrence and the manifestation of the right, its legal subject, the preclusive term and method in which it must be exercised. In connection to the right of a greater share, it is also given consideration to the legal regimes of property relations between spouses, especially to the regime of joint matrimonial property and its objects, including from historical point of view. Discussed are also the relevant methods for the termination of the joint matrimonial property. In addition, an analysis is made of a several important questions arising from the case law concerning the law of a greater share.
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The diverse nature and crossroads of the Bulgarian lands are the reason for the rich history and development in ancient times. The population of our lands is experiencing a long and interesting historical way - from prehistoric times through ancient Thracian civilization to its inclusion in the composition of the Roman Empire. For today's Bulgaria monuments of the distant past are part of the cultural and historical heritage. The preservation of thmonumentse cultural monuments is essential for preserving the Bulgarians' national identity, its relation to the land and the traditional culture as an essential part of its everyday life and a means of survival during periods of freedom or dependence.Bulgaria is a member of the European Union and is part of the global not only economic and social, but also cultural market. This dependence brings in itself as many as positives and threats, especially in terms of our cultural heritage, namely the infusion and dissolution of the cultural identity of the member states. Changes in cultural diversity and its traditional practice for the purpose of its economic exploitation pose a great deal of risk. That is why it is important to create a well-functioning system for the protection of intangible cultural heritage by applying a number of conservation measures.
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Special intelligence means are legally regulated in the Special Intelligence Means Act. This law governs the conditions, the order of use and enforcement and the control over the use of the special intelligence means and the results obtained through them. The use of special intelligence means temporarily restricts the inviolability of the person and the dwelling and the secret of correspondence and other messages. Special intelligence means are the technical means and operational means of their application, which are used for the production of substantive evidence - cinemas, videos, sound recordings, photos and marked objects. Technical means are electronic and mechanical equipment as well as substances that serve to document the activity of controlled persons and objects. Operational methods are the monitoring, tapping, tracking, penetration, marking and checking of correspondence and computerized information, controlled delivery, trust and undercover investigations that are used in the use of technical means. Special intelligence means are used in cases where it is necessary to prevent and detect serious crimes under the Penal Procedure Code when the necessary data can not be collected in any other way. In the observation - visually and by technical means, different aspects of the activity and behavior of persons and objects are revealed and documented in their movement, residence in different places or in changes in the specific environment.Special intelligence means are legally regulated in the Special Intelligence Means Act. This law governs the conditions, the order of use and enforcement and the control over the use of the special intelligence means and the results obtained through them. The use of special intelligence means temporarily restricts the inviolability of the person and the dwelling and the secret of correspondence and other messages. Special intelligence means are the technical means and operational means of their application, which are used for the production of substantive evidence - cinemas, videos, sound recordings, photos and marked objects. Technical means are electronic and mechanical equipment as well as substances that serve to document the activity of controlled persons and objects.Operational methods are the monitoring, tapping, tracking, penetration, marking and checking of correspondence and computerized information, controlled delivery, trust and undercover investigations that are used in the use of technical means. Special intelligence means are used in cases where it is necessary to prevent and detect serious crimes under the Penal Procedure Code when the necessary data can not be collected in any other way.
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In the evolution of legal protection of the environment we can distinguish two main historical periods. The first is that of the so-called Industrial Revolution from the beginning of the 19th century, and the second is the period of recovery after the Second World War, which lasted until the end of the seventies of the twentieth century. The relationship between economic development and the consumption of natural resources is very well known. It is also obvious that the more we develop the industry, trade and other economic sectors, the more resources are needed. Their systematic exhaustion and the imminent danger of permanent damage to nature are the reason for people around the world to think and take action. European countries are starting to create legislation aimed at protecting the environment, as we know it today at the beginning of the Industrial Revolution. These laws are part of civil and administrative law, their primary objective being to ensure the payment of satisfactory compensation in cases of pollution and to create a system for avoiding damage to the environment and protecting human health. At this early stage in the development of environmental law, it is not considered necessary to criminalize acts damaging to nature, as they themselves were not so prevalent.In the evolution of legal protection of the environment, we can distinguish two main historical periods. The first is that of the so-called Industrial Revolution from the beginning of the 19th century, and the second is the period of recovery after the Second World War, which lasted until the end of the seventies of the twentieth century. The relationship between economic development and the consumption of natural resources is well known. It is also obvious that the more we develop the industry, trade and other economic sectors, the more resources are needed. Their systematic exhaustion and the imminent danger of permanent damage to nature are the reason for people around the world to think and take action. European countries are starting to create legislation aimed at protecting the environment, as we know it today at the beginning of the Industrial Revolution. These laws are part of civil and administrative law, their primary objective being to ensure the payment of satisfactory compensation in cases of pollution and to create a system for avoiding damage to the environment and protecting human health. At this early stage in the development of environmental law, it is not considered necessary to criminalize acts damaging to nature, as they themselves were not so prevalent.
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The European Parliament (EP) is unique and different from national parliaments, because it is organized rather than ideologically than nationally. Political groups in the EP are groups of MPs - in some cases a group may be officially represented by a political party, in others it may be a coalition of several European parties, national parties or independent politicians. Groups are rather weak coalitions than political parties. They are explicitly forbidden to participate in European elections, as this is an exclusive right only for Europeans. It is assumed that each group has common principles, and those groups that can not demonstrate them in practice are disbanded.
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With the enlargement of the European Union, the constant improvement of safety and health at work is a key objective of European social and labor policy. Enabling the wide variety of occupational safety and health issues faced by Europe is not within the reach and competence of only one Member State or institution. This is the reason why the European Agency for Safety and Health at Work is set up. Its purpose is to bring together and share with its members a large base of knowledge and information on occupational safety and health issues, and in particular the good practices of preventive activities.
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Every historical period has its own social and economical phenomenon which is descriptive for it. It is symbolic and contains in it characteristic and distinctive features of its time. Such a phenomenon, for the period of Revival in the Bulgarian lands is the Guild organizations with their order, with the specific relations between their members, social, economical and jurisdictional activity. Very important deductions and conclusions can be drawn from the gathered materials for the Guilds in the Bulgarian lands during the period of Revival and especially their Statutes and rules. The offender was subject to two groups of sanctions. On one hand he suffered a punishment to the Soul – Damnation, Punishment by Court of God, Curse. On the other hand the offender was punished with various secular penalties: to the property, physical, disgrace, administrative, distraint, excommunication, bringing to Turkish justice etc. Most often the imposed penalty was a fine in one of its varieties: financial or payment in kind.
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For the first time in our country the civil liability for damages caused by genetically modified organisms is regulated in art. 144 of the Law on the genetically modified organisms. This is happened in 2010 by the amendment of the Law. (Official Journal Nr. 25/2010). The subject of the new regulation is the tort liability. The function of the liability is to compensate the damages and to prevent further injuries. The new regulation is a result of the implementation of some directives of the European Union on this field. According to art. 144 of the over mentioned Law everyone, who uses Genetically Modified Organisms and causes another persons damages as contamination of agricultural products, situated in the neighborhood is obligated to compensate the damages. The liability is objective and doesn’t depend of the fault of the wrongdoer. The scope of the liability are only material damages. Pain or suffering damages are not covered by this kind of liability. For the first time in our country the civil liability for damages caused by genetically modified organisms is regulated in art. 144 of the Law on the genetically modified organisms. This is happened in 2010 by the amendment of the Law. (Official Journal Nr. 25/2010). The subject of the new regulation is the tort liability. The function of the liability is to compensate the damages and to prevent further injuries. The new regulation is a result of the implementation of some directives of the European Union on this field. According to art. 144 of the over mentioned Law everyone, who uses Genetically Modified Organisms and causes another persons damages as contamination of agricultural products, situated in the neighborhood is obligated to compensate the damages. The liability is objective and doesn’t depend of the fault of the wrongdoer. The scope of the liability are only material damages. Pain or suffering damages are not covered by this kind of liability.
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