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Svođenje računa – tranziciona pravda u istorijskoj perspektivi
This book offers an analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present
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This book offers an analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present
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The Gulag Survivor – Beyond the Soviet System is the first book published in Ex-Yugoslavia to examine at length and in-depth the post-camp experience of Stalins victims and their fate in post-Soviet Russia. Based on extensive interviews, memoirs, official records, The Gulag Survivor describes what survivors experienced when they returned to society, how officials helped or hindered them, and how issues surrounding their existence evolved from the 1950s to the present.
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Articles collected in this volume, written mostly in the past five years, attempt to develop themes already articulated in the Les Frontières de la démocratie. The book deals with historical and political borders, as places where citoyenneté and la civilité are being challenged, as loose or firm battle lines where democracy could be tamed or gain new inspiration. It deals with ambiguity of the term »community«, as community of peoples, community of citizens, national community striving to become trans-national on various levels where it is being constructed and sometimes de-constructed. (From Preface)
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Improvement of registration of non-profit organisations (NPOs) is a necessary precondition for strengthening the civil society and increasing its transparency and accountability. An easy and simple registration procedure, with no duplication of information and functioning automatic exchange of data, would allow the civic sector to concentrate on its substantive priorities. The registration of NPOs and its subsequent maintenance determines to a large extent the relations between those organisations and the state authorities and is an indicator of the will of decision makers to lighten excessive administrative burden and thus facilitate the civil sector's development. The concept offered and the recommendations for legislative changes provide support to institutions in achieving that aim.
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In prison, certain groups of inmates are subject to disadvantages due to specifics of their origin, gender, sexual orientation, age, etc. These groups usually need special treatment, which is not always provided, which leads to unequal treatment and violation of their rights. This handbook examines the situation of such vulnerable groups within the prison systems of Belgium, Bulgaria, Germany, Lithuania and Spain. Starting from the classification of the UN Handbook on Prisoners with special needs and looking at the different national contexts, the authors identify different groups as vulnerable in different countries. In order to encompass as many groups as possible, their list was extended to include some particularly marginalised groups, such as sex offenders, prisoners with disabilities, etc. Each group is viewed in context, explaining the situations of vulnerability both generally and in the selected countries. From one side, the handbook presents the efforts for compensation of vulnerabilities in every country available in the legislation or provided by prison authorities or other actors. From the other side, it identifies the gaps in the measures and practices, which vary both from country to country and from group to group.
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International organisations, national governments and human rights NGOs exercise various types of monitoring of the penitentiary systems. In order to quantify their results, there are some generally accepted indicators (such as the number of inmates per 100.000 citizens), but in many specific areas like healthcare, employment, security and safety, such indicators have never been applied. Therefore, those monitoring efforts will substantially benefit from an instrument capable of supplying comparable and easy-to-use data on the situation in prisons. To address this need, the Center for the Study of Democracy, in cooperation with the Dortmund University of Applied Sciences and Arts, the Observatory on the Penal System and Human Rights with the University of Barcelona, the Law Institute of Lithuania and Association Droit au Droit, developed a Prison Conditions Monitoring Index (PCMI) – a system of indicators translating into comparable figures the situation in different prisons. In the end of 2014, the PCMI was piloted in several prisons in Bulgaria, Germany and Lithuania to test its operability and analyse the potential use of the results it generates. The present report elaborates on the methodology underlying the PCMI and offers a summary of the results of its pilot implementation. It is intended for a broad audience of readers including policy makers, prison staff, lawyers, social workers, academics and NGOs interested in the topic of prison monitoring.
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The issue of imprisonment vs. alternative penalties has been debated in various European countries during the last decades, and ambulant sanctions have been heavily on the rise. Community sentences and other alternatives to imprisonment are regarded as modern instruments for the rehabilitation of offenders. The objective of the present study is to examine the scope of application of penalties without deprivation of liberty as compared to imprisonment as well as to identify promising practices of alternative criminal sanctioning in Belgium, Bulgaria, Germany, Spain and Lithuania. As this study covers several European countries, the comparative perspective suggests itself nearly as a matter of course. In this connection, it seems reasonable to describe the existing ambulant sanctions of the different member states involved, taking into account their legal arrangement and their relation within the system of penal sanctions including their relation to the deprivation of liberty. It in addition appears sensible to describe and compare these ambulant sanctions with reference to their contribution to the re-socialisation or rehabilitation of those subjected to them as well as with special attention to the involvement of civil society in their execution. In a further step, promising practices in connection with ambulant sanctions could be highlighted which may be recommended for imitation by other member states. Such an approach proves to be impossible for multiple reasons, though, and it would be inadequate just to make such an attempt. There are exemplary references to ambulant sanctions in Belgium, Bulgaria, Germany, Lithuania and Spain. This is due to the fact that scientists from these countries have taken part in the realisation of this project but not necessarily because of specific outstanding features of their sanction systems in comparison with other member states.
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The study Examining the links between organised crime and corruption was commissioned by the European Commission (DG JLS). This is the first study that examines systematically across all 27 EU Member States how organised crime uses corruption as a tool. The study is based on more than 150 interviews with corruption specialists (police, prosecutors, criminologists, and fraud specialists). More than 120 statistical and survey indicators on corruption and organised crime were analysed to examine the trends and patterns in organised crime’s use of corruption. The study focuses on how organised and white collar criminals use corruption to target public institutions (politicians, police, judiciary, and customs), as well as how it is used for the operation of key criminal markets (cigarettes, drugs, prostitution, car-theft, and extortion-racketeering). The study also examines how private sector company employees are corrupted by organised criminals. Although the study does not map the specifics of how corruption is used in each EU Member State, six in-depth studies (on Bulgaria, France, Greece, Italy, Netherlands, and Spain) provide a more in-depth look in the situation in these countries. The study was presented in April 2010 at a meeting organised by the EC to representatives of ministries of interior of all 27 EU Member States. In July 2010, the study was presented at a hearing of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament.
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The report Organized Crime in Bulgaria: Markets and Trends summarizes the analyses carried out by the Center for the Study of Democracy throughout the last decade which have focused on specific aspects of organized crime in Bulgaria (contraband, the drug market, tax fraud, human trafficking, arms proliferation, etc.), the systemic spread of corruption, and the linkages between the two. The report presents the latest trends and manifestations (or market niches) of syndicate crime and its particularly damaging effects. It goes further to offer a historical review of the facts and available expertise in the area, and to draw conclusions about the origin, characteristics and developmental features of organized criminality in Bulgaria in the context of the transition to democracy.
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The report summarizes the findings of a research conducted on questions relating to small arms and light weapons in Bulgaria from July to November 2004 by the CSD, and London-based Saferworld. It sets out the findings of a comprehensive assessment of: 1) the distribution of SALW in Bulgaria; 2) the impacts of SALW on individuals, communities and the state; 3) public perceptions of SALW and security; and 4) the capacity of the state to control the proliferation and misuse of SALW.
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The report uses a crime victimization survey as an alternative analytical tool to make an independent assessment of the crime situation in Bulgaria for the period 2001–2004. The crime victimization survey polls people’s experiences with crime. Unlike official government crime statistics, the regular crime victimization surveys help the police and government authorities, as well as the public to understand: • whether the official police crime data reflect the real crime rate and crime trends; • the volume of the unreported crime; • the reasons victims do not report crimes to the police; • whether the police avoids registering reported crimes; • the profile of the social groups that are most at risk of falling victims to crime.
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The principles of the good corporate governance are not well-known in Bulgaria, probably because of the novelty of the topic, the specific characteristics of the Bulgarian shareholders and the companies, which became public in an administrative way through the mass privatization, as well as the underdevelopment of the capital market and the insignificant stock market participation of the public companies. However, the authors of the publication consider it would be wrong for the problems of corporate governance to be ignored because of the facts mentioned above. Without sound corporate governance the capital market will languish, the growth of new firms will remain difficult and many investment projects will not find financing. The publication “Corporate Governance in Development” reviews most of the latest major events, practices and problems, related to corporate control in Bulgaria during the period 2002 - 2004. The authors pinpoint the achievements and omissions in the legislative framework, the characteristics of the Bulgarian shareholders and corporate organization, as well as the relations between the members of the board of a company and the company itself, in order to show the necessity of social and responsible corporate governance.
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Twelve countries of Central and Eastern Europe are preparing for accession to the European Union. The informal economy in these countries is a phenomenon, which may bring challenges to the process of European integration because of the insufficient knowledge about its possible implications for an enlarged union. How large is the informal economy in Central and Eastern Europe? What are its sources? In what direction is it evolving? How is it different from the informal activities in EU member states? Does it represent an obstacle to further European integration? Or maybe it can serve as a bridge between accession countries and member states? The network "Toward European Integration", launched by the Bertelsmann Foundation and the World Bank, has brought together scholars and policy analysts from different countries in a first attempt to cooperate in finding answers to these and related questions.
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The analysis of various forms, mechanisms and consequences of corrupt practices and the successful attempt to counter those practices is the first step to an effective anti-corruption policy. The reader consists of articles by Bulgarian and international experts analyzing corruption and anti-corruption in politics, economy, judiciary and security forces. The publication examines the links between trafficking and corruption and organized crime and corruption based on the experience of the Bulgarian anti-corruption initiative Coalition 2000. The reader also suggests a methodology to monitor corruption and presents international cooperation and legislation aimed at countering corruption.
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It is the first manual in its kind in Bulgarian language. The manual is to be included in a university curriculum (the New Bulgarian University) and a number of other private and state-owned universities have been approached with the same purpose. The manual, edited by Dr. Antony Todorov, Associate-Professor at the NBU, is composed of 14 topics, written by a number of anti-corruption experts. It was published as a part of the Clean Future Coalition 2000 Awareness campaign. The Anticorruption manual contains the following chapters: Legal concept of corruption; Models of corruption behavior; Corruption monitoring; Spheres and forms of corruption; Abuse of political power; Corruption in the judiciary and the police; Economy and corruption; Corruption in international relations; Funding of the political parties; Legal reform against corruption; Administrative reform against corruption; Civil society against corruption; Professional codes against corruption; International co-operation against corruption.
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This is the latest joint publication of CiviLink Foundation and Coalition 2000, dedicated to problems which investigative journalists face, while revealing corruption cases and affairs. The author, Krassimir Dobrev, is a well-known journalist and JD graduate. As a leading analyst of "Sega" Daily, Mr. Dobrev worked on several issues related to political corruption. The author expresses an opinion, that the newly adopted Law on the Access to Public Information creates rather new obstacles for journalists, than to facilitate their efforts. There still exists a legal gap in defining such notions as "an official secret". In addition, the author reviews the major legal risks that journalists face. The book outlines his "practical advice to beginners" and how to avoid libel charges. The publication also contains some of the documents relevant to investigative journalism such as the full text of Recommendation No R (2000) 7 of the Council of Ministers to the Council of Europe. The book is designed for journalists, media law experts and politicians.
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Evgenii Dainov,director of the CSP, writes in its preface: "Without democracy - i.e. without transparency in decision-making and without public control on decision-makers - development is not possible. Corruption thrives exactly where the light of publicity does not reach." The reader contains a number of texts which provide an answer to the questions of the nature of the concept of "political corruption", its unfavorable consequences on society, etc. The problems of corruption against the background of parliamentary practice in the western countries, and in Great Britain and the USA above all, are specifically discussed. A separate section is devoted to the transition to market economy in the countries of Central and Eastern Europe.
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The text includes the proceedings of the Bulgarian Collateral Law Conference, held on 30-31 January 1995, as well as the presented documents: The Need to Update Bulgaria's Collateral Law; Survey: Questions on Collateral Law (Secured Transactions or Asset-based Loans); Security in central and eastern Europe and the EBRD's Model Law on Secured Transactions; Polish Draft Law on Registered Pledges and the Pledge Registry; European Bank for Reconstruction and Development Model Law on Secured Transactions.
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