TÜRKİYE’YE YÖNELİK SURİYELİ GÖÇÜNÜN ÇOK YÖNLÜ DOĞASINA GİRİŞ
This is an introduction to the edited volume highlighting main features and the outline of chapters.
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This is an introduction to the edited volume highlighting main features and the outline of chapters.
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The fast development of Information and Communication Technologies (ICT) has revolutionised virtually every aspect of modern society, including education. Unlike conventional approaches that focus solely on the acquisition of hardware and software, knowledge-driven ICT utilization emphasizes the strategic integration of technology to facilitate knowledge creation, dissemination, and application. Exploiting the power of ICT to support teaching, learning, and knowledge management processes, education systems can transcend traditional boundaries and unlock new opportunities for learners and educators alike.This chapter seeks to examine the latest research findings, best practices, and case studies, aiming to provide insights into the potential of ICT in education and offer practical recommendations for promoting effective ICT integration in educational settings. Through an ample review of existing literature and analysis of key trends and developments, this chapter aims to contribute to the ongoing dialogue on harnessing technology to empower education and foster inclusive learning environments.
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The draft amendment to the Constitution of the Republic of Bulgaria from 2023 contains numerous proposals that are within the competence of the Grand National Assembly. This conclusion is based on a comparison of the content of proposed changes with the established practice of the Constitutional Court of the Republic of Bulgaria regarding the "form of government" in the sense of Art. 158, item 3 of the operation of the Constitution. It is indisputable that the discussion needs to be changed in the Basic Law and if it is to be entirely political in nature. But in view of the basic constitutional principles - rule of law, people's sovereignty, separation of powers and independence from the judiciary, proclaimed in the Basic Law, the political decisions of this discussion should undoubtedly be in line with them.
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It is a fundamental rule in the constitution of a democratic state to contain provisions related to changes to the basic law. Such was the understanding of the creators of the Constitution of the Republic of Bulgaria from 1991, who provided for such a legal regulation. It is contained in Chapter Nine of our basic law, entitled "Amendment and addition to the Constitution. Adoption of a new Constitution" - Art. 153 to Art. 163. Challenges in legal regulation related to changes in the Constitution are outlined according to material criteria and are fastened with special procedural guarantees in our basic law. In the exposition below, attention will be paid to some main points contained in the constitutional legal framework for revision of the Constitution by the National Assembly. The very fact that this activity is different from the usual daily legislative function of the parliament shows that the National Assembly is faced with the challenge of carrying out the changes in the basic law, considering all the features and specifics laid down in the constitutional law.
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The report presents the general and special principles of the EU law that should be observed when legislation of public procurement by the EU and by the Member States is passed, and those that are directly related to the implementation of such legislation. Related case law of the CJEU is reviewed. Adherence to the stated principles is important, on one hand, for guaranteeing the public interest in the Union and in the Member States, and on the other hand, for the functioning of the internal market and for the competition between the businesses operating in this market. The main role in the mentioned processes is played by the member states, which are obliged to transpose the legislation of the Union, and to ensure its application and enforcement in public procurement procedures, in compliance with the general and special principles established in the EU law.
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The article examines the general situation related to the principle of sound financial management with a view to its regulation at the European and national level. Particular attention is paid to the cumulative presence of the three components of the principle, in particular the principle of economy, effectiveness and efficiency. The need for a correct interpretation and specific analysis of the content of these principles in the presence of a legal dispute is presented, so that by means of their lawful application the protection of the financial interests of the European Union can be ensured to the maximum extent.
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Easements for energy objects are distinguished by a number of characteristic features according to Bulgarian legislation. A key place among them is their nature as a type of limited property rights, which have undergone a change with the development of social relations in connection with the construction and exploitation of energy objects. As a result, a new category of easement rights has emerged, which theory and practice define as "quasipersonal". They are established for the benefit of certain persons in view of their activities, and not in view of the use of a specific property. The easements that arose during the operation of the repealed laws retain their effect if the energy objects are built in compliance with the relevant rules and norms. The Energy Act provides a special regime for the creation of these easements, as well as some restrictions related to their exercise. An essential feature is that the gratuitous exercise of easements for energy objects is permissible only as an exception, if it concerns real estate - public property.
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The paper outlines the concepts of unfair tax competition and aggressive tax planning, which are fundamental to modern international tax law, and briefly presents the related current legal framework for harmonizing corporate taxation in the European Union.
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The report examines the content of the principle of national regime and its different interpretations, in relation to the different approaches of the international treaties that regulate it. The manifestation of the principle in each individual sphere of intellectual property is considered. An analysis is made regarding the role of the principle of national regime in relation to legal regulation in the field of intellectual property at the national level. The various approaches in the conventional international framework regarding the introduction of the principle as a guarantee to overcome the limitations imposed by the territorial nature of the objects of intellectual property are examined.
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India is one of the few countries in the world with a definition of "well -known" in its national trademark law. India is also one of the last countries to ratify the WTO Agreement on Trade-Related Aspects of Intellectual Property. What are the legal and economic reasons for India to opt for a legislative approach for prior administrative registration of 'well-known' trademarks, given that the countries of the European Union abandoned this legal institution in their laws a decade ago?
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In the context of its comprehensive Information Society policy, in 2022, the European Union (EU) adopted Regulation (EU) 2022/2065 on the Single Market for Digital Services (Digital Services Act). The primary goal of the regulation is to provide a modern, integrated European approach to addressing illegal content, disinformation, or other risks to society in the online space. This publication aims to examine the requirements regarding the independence of national coordinators for digital services in the context of their powers outlined in the Digital Services Act and to make proposals regarding upcoming changes in national legislation.
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Some decisions of the Supreme Court of Cassation are examined in this article, related to special hypotheses of property improvement: impensae voluptariae, the improvements made by the owner of mortgaged property, the liability in case of transferring the property or the possession, the extinctive prescription for the claim of the tenant.
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This paper examines the legal instruments available to creditors for claims against a company with variable capital and more specifically the guarantee function of capital and the possibility of engaging in the personal liability of board members and controlling partners. A conclusion is made about the essence of penetrating liability as a special type of tortious liability, expressly provided for in the law to override the general rule that the company is independently liable for its obligations only with its own property.
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The report provides an overview of the emergence of voucher systems for employment in Belgium, France and Canton Geneva (Switzerland), the specifics of their application in each of these countries, the problems that this type of employment solves, as well as its weaknesses, its interdependence with the so-called domestic workers. Outlines the place for its‘ regulation according to the Employment Strategy of the Republic of Bulgaria 2021-2030 to other forms of flexibility as a prerequisite for economic growth. Points to its inevitable interconnection as attypical employment also with the principle of non165 discrimination and the need to transpose Directive No 2023/970 of the European Parliament and of the Council of 10 May 2023. to strengthen the application of the principle of equal pay for women and men for equal work or work of equal value, through pay transparency and enforcement mechanisms.
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In the present research the paid annual leave of the minor worker or employee is considered as a part of the special protection of the adolescent labour. The preconditions of the emergence of the right of paid annual leave, its duration, the different opinions expressed about its type and its use with priority in the summer have been analyzed. In relation to minors, a conclusion has been reached about the necessity of change of the legal requirement for minimum work experience as a condition for the use of paid annual leave.
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The following paper explores some of the legal aspects of consortial debts and obligations in the unincorporated consortium. The article proposes a definition of the term, outlines the main forms of consortial debt and obligations and examines their defining characteristics. Based on the typical interests and reasonable expectations of consortia creditors and the usual contractual practice a conclusion is made that in absence of agreement with the creditors to the contrary a joint and several obligation arises as a default rule and all consortia members are jointly and severally liable for damages in case of nonperformance that constitutes a breach of contract regardless of their personal fault. The paper furthermore outlines some of the defining characteristics of the consortial duty and standard of care which is reasonably expected from consortial members when fulfilling their obligations. In the concluding remarks the paper proposes a de lege ferenda default rule of joint and several liability of consortial members.
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The management contract in a joint-stock company regulates the relationship between the joint-stock company and its managers. It should specify the rights and obligations of both parties in relation to the management and representation of the joint stock company. Given the mandatory nature of this contract for some of the members of the governing bodies, it is necessary to clarify its legal effect over time. The management contract should take effect during the existence of the legal relationship. The relationship between the two legal relationships must be legally established.
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The paper is dedicated to the grounds for setting aside of an arbitral award under Art. 47, par. 1, item 1 ZMTA - incapacity of a party to the arbitration agreement at the time of its conclusion. Its field of application has been analyzed, distinguishing it from the invalid arbitration agreements under Art. 47, par. 1, item 2 ZMTA. The cases of conclusion of an arbitration agreement by a person who was not deprived of legal capacity, but could not understand or direct his actions, are examined. The questions which of the parties can refer to the incapacity and whether an objection should be made in this sense before the arbitration in order to be able to subsequently claim the setting aside on the grounds of Art. 47, para. 1, item 1 ZMTA, are also reviewed.
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The text covers issues related to copyright in the context of artificial intelligence (AI). It emphasizes the need for clear legal frameworks to regulate works created by AI, especially in cases involving Strong and Generative AI. The idea is that such programs generate works that don't entirely match the characteristics of human creators. It discusses questions of authorship and rights, proposing various alternatives to resolve conflicts, including granting rights to the programmer or the program itself. The text expresses the need for swift and appropriate legislation capable of justifying and protecting the rights of all participants in the process of creating works through artificial intelligence.
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Impact assessment originated in the USA in the 1970s. Subsequently, almost all countries in the developed world introduced various forms of regulatory impact analysis and assessment. In Bulgaria, impact assessment has been talked about since the beginning of the 21st century. The creation of a legal framework, methodological documentation and administrative capacity begins. Academia and some non-governmental organizations are actively involved in the noble undertaking. Various programs and projects are being implemented. However, during the first 15 years, there were no serious practical results. In 2016, the impact assessment received its (long-awaited) legal regulation. A series of by-laws and methodological documents follows. A certain administrative capacity is being formed. There are decisive steps in the right direction and the results (although still modest) are not long in coming. This scientific report is dedicated to the genesis and development of impact assessment, the current regulation and practical impact assessment in Bulgaria over the last 7 years.
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