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Наказателното обвинение по смисъла на чл. 6, т. 1 от Европейската конвенция за защита на правата на човека и основните свободи

Author(s): Mariya Hristozova / Language(s): Bulgarian Issue: XIV/2016

The case law of the European Court of Human Rights has repeatedly emphasized that a number of concepts set out in Article 6 have autonomous meaning under the Convention. An example of this concept is the phrase "criminal charge" used in Article 6, Para 1 of the ECHR, which is analyzed in this report.

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Готовност на централната и местната власт за справяне с бежанската вълна и хуманитарните последици от войната в Украйна

Author(s): Georgi Kamarashev,Stanko Lazov / Language(s): Bulgarian Issue: 1/2022

In theoretical and applied terms, the report first presents the most general requirements of international humanitarian law for the reception, temporary accommodation and care of persons seeking temporary protection from military conflicts. On the basis of modern theoretical statements and lessons from practice, the requirements for the construction of primary reception centers for refugees and centers for assistance to persons seeking temporary protection are systematized. An overview of the current legislation in connection with the granting of various types of status and the resulting rights of refugees has been made. In this logical connection, the responsibilities and obligations of various institutions from the central and local ones for the preparation of operational plans for preparation and action in case of a refugee wave are presented.

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ВЪНШНА ПОЛИТИКА И ПОЛИТИКА ЗА СИГУРНОСТ: ЗАВРЪЩАНЕ КЪМ РЕАЛИЗМА

Author(s): Todor Koburov / Language(s): Bulgarian Issue: XXI/2022

The question of how a state conducts its foreign policy and the related question of ensuring the security and stability of the state in international relations is not a new problem for the scientific community, but it has gained special relevance after the changes in the international situation related to Russia‘s aggression against Ukraine, which began on 24/02/2022. The analysis of this issue requires both a new scientific approach and a serious discussion that presents alternative solutions and rethinking some previous stereotypes for guaranteeing peace and security. In the foreground, the question of a new foreign policy and a new diplomacy is gaining relevance, especially for countries that are not able to guarantee their own security. The issue of the transformation and development of international organizations, as well as their new role and place in the system of international relations, is gaining relevance. The author of the present study sets himself the modest task of provoking a discussion on these basic problems and offering some ideas concerning the Bulgarian perspective on foreign policy, security and stability of the state.

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НЕЗАБАВНО ИЗПЪЛНЕНИЕ, В ЧАСТТА ОТНОСНО МЕРКИТЕ ЗА НЕОТКЛОНЕНИЕ, НА СЪДЕБНИТЕ АКТОВЕ, ПОСТАНОВЯВАНИ В ПЪРВИЯ СТАДИЙ НА СЪДЕБНАТА ФАЗА ПО НАКАЗАТЕЛНИ ДЕЛА

Author(s): Yanko Roychev / Language(s): Bulgarian Issue: XXI/2022

One of the issues on which the court decides during the first stage of the judicial phase in criminal cases concerns measures of procedural coercion. The current research focuses on the problem related to the initial moment of execution of the ruling, respectively the injunction, in its corresponding part, with an emphasis on the measures of remand detention in custody and house arrest. In the case law it is assumed, without being based on explicit legal grounds, that when a measure of remand is imposed or amended into a more severe one, the court act is executed immediately, but when a measure is revoked or amended into a less restrictive one, the act is executed when it enters into force. The statement has been substantiated according to which it is essential that comprehensive rules regulating these powers be established. Several possible legislative solutions and their consequences have been analysed.

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Prawne aspekty walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim

Author(s): Piotr Burczaniuk / Language(s): Polish Issue: 1 (1)/2022

W artykule podjęto temat prawnych aspektów walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim. Analizowane zagadnienie jest ciekawe z uwagi na brak szerszych i aktualnych analiz prowadzonych w obszarze nauk prawnych, poświęconych przedstawieniu i eksplikacji prawodawstwa obejmującego przedmiotowo problematykę walki z terroryzmem. Niniejsze opracowanie jest próbą wypełnienia tej luki badawczej.W celu kompleksowego przybliżenia tematu i realizacji celów postawionych w artykule rozważania poprowadzono w sześciu zasadniczych częściach. We wstępie zakreślono tezę pracy oraz jej cele, następnie kolejno: dokonano analizy kształtowania regulacji prawnych prawa krajowego nakierowanych na przeciwdziałanie terroryzmowi; omówiono znaczenie ustawy o działaniach terrorystycznych w normatywnym systemie zwalczania terroryzmu w Polsce, z uwzględnieniem perspektywy i doświadczeń pięciolecia jej obowiązywania; zaprezentowano aktualny stan prawny Unii Europejskiej w obszarze terroryzmu; opisano perspektywy i wyzwania regulacyjne prawa polskiego na tle działań legislacyjnych organów UE; dokonano podsumowania prowadzonych rozważań, zakreślając perspektywy i wyzwania regulacyjne stojące przed prawodawcą krajowym na tle kierunków projektowanych rozwiązań legislacyjnych w Unii Europejskiej. [The article deals with the legal aspects of the fight against terrorism in the national legal system in the context of the challenges shaped by European legislation. The analysed issue is interesting due to the lack of broader and current analyses conducted in the field of legal sciences, devoted to the presentation and explication of legislation covering the subject matter of the fight against terrorism. This study is an attempt to fill this research gap.In order to provide a comprehensive overview of the topic and to achieve the objectives set out in the article, the study is divided into six main parts. In the introduction, the thesis and its objectives are outlined, then sequentially: an analysis of the formation of legal regulations of domestic law aimed at counter-terrorism is made; the importance of the Act on anti-terrorist activities in the normative system of counter-terrorism in Poland is discussed, taking into account the perspective and experience of five years of its implementation; the current legal status of the European Union in the area of terrorism is presented; the perspectives and regulatory challenges of Polish law in the background of legislative activities of EU bodies are described; the considerations carried out are summarized, outlining the perspectives and regulatory challenges facing the domestic legislator in the background of the directions of the projected legislative solutions in the European Union.]

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Bugetul Uniunii Europene

Author(s): Irina Văcăroiu / Language(s): Romanian Issue: 01/2019

In our opinion, the budget is the most accurate reflection of how European capitals are created, managed, administered and capitalized. The act which provides and authorizes for each exercise the overall estimated receipts and payments for the proper functioning of the European Union is the General Budget. The budget of the European Union is the act authorizing the annual financing of all European activities and interventions, the necessary resources, the priorities and the set objectives2. The most important role of the budget is the achievement of the Union's policies and priorities. This key element, called budget, is part of a wide range of European policy and regulatory instruments used to put into motion the political priorities agreed upon by all the Member States of the European Union. These are transposed into a multiannual financial framework that provides for different expenditure programs and platforms. The Council sets the 2014-2020 period as the current multiannual financial framework (MFF). Within the multiannual financial framework, it is the Commission that proposes a draft budget that directs expenses on the main policy priorities in the context of fiscal discipline. The European Union, through its budget, will further support the EU's external dimension as a key economic and political partner, as well as the main international investment and humanitarian aid provider. The funding of programs aimed at supporting the protection of justice and fundamental rights, as well as the rural development of each Member State, will continue.

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Implicaţiile medierii în procedura fiscală

Author(s): Bogdan Florea / Language(s): Romanian Issue: 01/2019

The number of tax disputes increased lately as a result of the frequent taxpayers’ interaction with the tax authorities. Mediation in tax disputes may reduce costs in matters involving rights that parties may dispose of. Finding alternative methods of dispute resolution to prevent or defuse a tax dispute and also to collect the debts, should be a priority to tax authorities in opposition to taking the matters to court. Mediation may be the answer to this goal and could also represent a saving of public money. Tax authorities should seek an amicable agreement with bona fide taxpayers who have become unable to pay their tax obligations. A mediation agreement could mean no rate of interest and no judicial costs with a lawsuit for tax authorities and no lawsuit costs of stamp duties, lawyers’ and experts’ fees for the taxpayer. Using the mediation procedure, the tax authorities could agree that the sums of money illegally paid by the taxpayer, could compensate for other duties that belong to the taxpayer or could be given back to the taxpayer by installment. The amounts from the budget that must be paid to a person, including those resulting from legal contractual relationships may be paid if they are established by enforceable titles. To obtain enforceable title character, mediation agreement on the disputed amounts, may be subject to approval of the court in accordance with Art. 59 para. (2) of Law no. 192/2006 concerning mediation and the mediator profession, amended and supplemented. Initiating and using mediation by tax authorities may be a proof for taxpayers that public authorities are open in finding alternative solutions to judicial system in crisis situations. Law no. 192/2006 concerning mediation and the mediator profession could be supplemented with provisions regulating the procedure in cases of tax disputes, similar with the procedure established for mediation in criminal cases.

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Măsurarea inflaţiei normative

Author(s): Claudia Mădălina Burci / Language(s): Romanian Issue: 02/2019

The lack of a threshold to help identify the emergence of the normative inflationary phenomenon was considered to be the cause of the impossibility of identifying an effective countermeasure. We propose to prove that this threshold can not be placed in the field of legal technique but in the field of human rights protection. This transfer requires another method of counteraction, apart from those concerning the reduction of the number of normative acts or the improvement of their legislative quality. Considering that the existence of a single imperative normative act or an unconstitutional act represents the threshold of the existence of the inflationary phenomenon, we propose a method of counteraction that gives the possibility to control the mechanisms that can limit freedom. This method of countering refers to the right of a normative option that transforms the constraining right into a right of communication, making the individual a co-legislator of the applicable legal system, but also to establish effective rules of constitutionality control to cover the legislative vacuum incident in some spheres of control.

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Provocări ale societăţii cunoașterii (Challenges of the Knowledge Society), eveniment organizat anual de Universitatea „Nicolae Titulescu” din București, cu tema „CKS 2019 – în contextul exercitării Președinţiei României la Consiliul Uniunii Europene

Author(s): Andreea Stroe / Language(s): Romanian Issue: 02/2019

Anul acesta, conferinţa internaţională „Challenges of the Knowledge Society – In the Context of the Romanian Presidency at the Council of the European Union” din 17-18 mai, organizată de Universitatea „Nicolae Titulescu” în parteneriat cu Universitatea „Deusto” din Bilbao, Baroul București și Societatea Română de Drept European, și-a desfășurat cea de-a 13-a ediţie sub patronajul Președinţiei României la Consiliul Uniunii Europene. Evenimentul a avut parte de o semnificativă vizibilitate internaţională, care a condus la creșterea importanţei cercetării știinţifice în domeniile sociale și a adus laolaltă mari specialiști din domeniul juridic, și nu numai.

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Controlor şi îndrumător. Consideraţii privind reglementarea atribuţiilor prefectului în Codul administrativ

Author(s): Dan Constantin Mâţă / Language(s): Romanian Issue: 03/2019

The prefect is a regulated administrative authority, based on the French model, ever since/from the beginning of the modern public administration setting up. Its duties have fluctuated according to the constitutional regime and the level of decentralization in the organization of the public administration. The constant element in this evolutionary process is the role of the prefect as representative of the Government at local level. Currently, the prefect's status and duties are regulated in the Administrative Code, along with the prefect's institution and the decentralized public services. Unlike the previous regulation, the Administrative Code achieves a better systematization by identifying five main categories of duties. Each of these categories is subsequently developed by listing, in a separate chapter, the concrete ways by which it can be achieved. The main elements of novelty of the regulation can be noticed in case of the duties regarding the verification of the legality of the acts of the local public administration authorities and, in particular, of the duties of guidance. The article contains a brief presentation of the evolution of regulation of the prefect's duties and analyses the novelty elements arising from the current regulation. At the same time, the controversial aspects were highlighted and the resizing of the administrative guardianship by including it in the Administrative Code was proposed.

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Cooperarea administrativă în domeniul fiscal. Implicaţiile realizării schimbului de informaţii şi a altor forme de cooperare administrativă dintre România şi statele membre ale Uniunii Europene

Author(s): Valentina Gherasim-Proca / Language(s): Romanian Issue: 03/2019

Administrative cooperation between Romania and the Member States of the European Union in the field of taxation entails, with regard to the mandatory automatic exchange of information, certain responsibilities at the level of local public administration as well. The national legislative framework demands from the local tax authorities to collect and provide the central tax body with data and information relating to immovable property located in their territorial jurisdiction and which are held in property by residents of other member States of the European Union. This article outlines some significant elements regarding the activities necessary to the automatic exchange of information in the case of real estate, the standardized procedures and forms facilitating the movement of information.

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Natura juridică, trăsăturile şi regimul juridic al Protocoalelor de cooperare dintre SRI şi PICCJ

Author(s): Andrei-Nicolae Popa / Language(s): Romanian Issue: 03/2019

In this paper we aim to demonstrate that the protocols of cooperation between the Romanian Intelligence Service (SRI) and the Prosecutor’s Office attached to the High Court of Cassation and Justice (PICCJ) are tools meant to unify administrative procedures/operations pertaining to legal duties of public authorities, are based on laws and administrative acts of a normative nature, enjoying the presumption of constitutionality and legality. In this regard, we will analyze their legal nature, features and legal regime.

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ECONOMIC AND LEGISLATIVE IMPACT OF THE UNITED NATIONS IN MANAGING REFUGEE CRISIS

Author(s): Faton SHABANI,Artina Kamberi / Language(s): English Issue: 1-2/2020

The current refugee influx represents the largest population movement in Europe since World War II. These tendencies, once again brought into actuality the harmonization of intern legislation which are committed to protect refugees by the Convection related to the Status ol (1967). Many experts agree that, in short term, the refugee influx will lead top rising costs, arising from the need to provide food, shelter and first aid. In the longer term, the refugee influx could be positive for European economy by, addressing the EU’s alarming demographic trends. Depending on their education, skills and willingness to work, refugees might improve the ratio of active workers and also contribute to innovation, entrepreneurship and GDP growth. Also they are a good possibility to positively impact to labor-market flexibility. The authors through the paper intended to provide answers to several questions: How many of today's legislation and - defender of refuge hypothesis, the authors will be using different methods of scientific research as: normative, comparative, empiric, historical and statistical methods.

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Legalitatea și calitatea reglementării în sistemul juridic românesc

Author(s): Gabriela Varia,Elena Constantin / Language(s): Romanian Issue: 04/2019

The paper presents some of the main contributions of the Romanian doctrine to the study of the supremacy of the Constitution and the principle of legality, and considers the quality of regulation as a dimension of legality, also underlining the major role that international organizations have in determining the dimensions of the principle of legality. Although the first two parts of our research are mainly theoretical, the last part of the paper offers examples from the practice of regulation, gathered during last years, the conclusions indicating the importance of the relation between regulation drafting technique and the principle of legality.

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Răspunderea în Codul administrativ. Responsabilitatea ministerială – piesa lipsă din puzzle-ul Codului administrativ

Author(s): Flavia Ghencea / Language(s): Romanian Issue: 04/2019

The adoption of the Administrative Code was considered, at least by the persons involved in the administrative phenomenon, as the “event of the year 2019”. As it has become effective after a long period full of obstacles, in a different form from the initial draft, the code represents a great advance towards what is deemed as a great advantage by the codification: consistency, stability and unitary enforcement of the legal rules. This present study aims at, on the one hand, the examination of an institution which represents a novelty in the Romanian normative framework, the administrative responsibility, as a form of responsibility specific to the administrative law and, on the other hand, a brief analysis of a form of responsibility missing from the content of the Code – the ministerial responsibility.

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The State of Capital: Hegel’s Critique of Bourgeois Society

Author(s): TODD MCGOWAN / Language(s): Polish Issue: 44/2022

egel’s Philosophy of Right openly proclaims itself to be a work without a political agenda, an interpretation of politics rather than a political project. This essay contends that Hegel’s decision to locate the universality of the state as the culminating point of the political structure represents itself a political intervention that occurs through the act of interpretation. Hegel’s analysis of the relationship between capitalism (or civil society) and the state reveals that we must adopt the perspective of the state when looking at capitalist society. By doing so, we can recognize the political exigency of moving from capitalist particularism to the uni-versality of the state form.

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„Закони за смет“: грижи през есента на живота (Българският контекст)

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 55/2021

This article examines the three bills on older persons that were introduced in the 44th National Assembly of the Republic of Bulgaria (2017–2020). A detailed comparison is made between the different approaches taken in the bills in regulating the legal status of older persons. Also examined are the objections that led to the rejection of the bills by the parliamentary majority in Bulgaria. Special emphasis is placed on the importance of the issue of the elderly’s special needs and situation in the context of growing intergenerational tensions.

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Common Good Constitutionalism vs. America’s Enlightenment Civil Religion

Author(s): Jason Morgan / Language(s): English Issue: 4/2022

In his 2022 volume Common Good Constitutionalism, and in a series of essays and other works prior to the book’s release, Harvard Law School professor Adrian Vermeule advances a new vision for the American republic. Against the two dominant strains of constitutional interpretation in the United States, namely originalism and progressivism (“living constitutionalism”), Vermeule arguesfor common good constitutionalism, a return to the ius commune pursuit of that which is good for all in accordance with the natural law. While Vermeule’s work is ambitious and his intervention into originalist-progressivist debates welcome, a question remains: will common good constitutionalism be able to overcome America’s Enlightenment civil religion? In this paper, I consider the challenges which America’s Enlightenment civil religion poses to common good constitutionalism (and any other attempt to think past the Constitution from within a constitutional framework), concluding that common good constitutionalism, insofar as it is predicated on the pre-existing Constitution and deployed within the American politico-theological domain, cannot overcome America’s Enlightenment civil religion to effect the common good.

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Critical Remarks On the Implementation of the Anti-Tax Avoidance Directive in The Bulgarian Legislation

Author(s): Stoycho Dulevski / Language(s): English Issue: 2/2022

The aim of the current paper is to outline some challenges regarding the implementation of the Anti-Tax Avoidance Directive (ATAD) in the Bulgarian legislation. For this purpose, specific aspects of the ATAD’s legal nature will also be examined in general. In this regard, the main applied methods used are the historical, the comparative and the logical. The author would like to draw attention to the relationship between the secondary European (EU) tax law and the relevant domestic provisions as key factors for the national tax policy regarding the tax avoidance from direct taxes’ perspective. The summary of the findings will help to estimate the efficiency of the new rules and the necessary steps for their further improvement. It will also outline the future trends on this issue.

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Dobrowolne poddanie się odpowiedzialności jako instytucja konsensualnego zakończenia sprawy

Author(s): Grzegorz Skowronek / Language(s): Polish Issue: 3/2022

The institution of voluntary submission to liability is extremely practical and beneficial for both parties to proceedings in cases involving tax offenses. It is a solution that allows for a quick conclusion of the case. Importantly, this kind of conclusion results from negotiations and, consequently, from an agreement between the perpetrator and the financial body of the preparatory proceedings. Consensual elements in the current model of penal policy are a unique but an already permanent feature in the catalog of tools used by fiscal penal law. From the observation and practice of applying this institution, it can be concluded that this criminal law structure brings tangible benefits for a broadly understood administration of justice. Grzegorz Skowronek’s article offers an analysis of regulations, with particular emphasis on the conciliatory nature of this procedure.

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