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ВЪПРОСИ ЗА ЕВРОПЕЙСКАТА ИНТЕГРАЦИЯ НА СТРАНИТЕ ОТ ЗАПАДНИТЕ БАЛКАНИ: МЕЖДУНАРОДНО-ПРАВНИ ПРОБЛЕМИ И ПОЛИТИЧЕСКИ ПЕРСПЕКТИВИ

Author(s): Todor Koburov / Language(s): Bulgarian Publication Year: 0

The European integration of the Western Balkan countries was one of the major priorities of the Bulgarian Presidency of the Council of EU in the first half of 2018.1 The practical realization of this ambitious project is related to the solution of a whole complex of problems of political, economic, international legal and civilizational nature in a midterm of 10-15 years. The perspectives for a successful integration of these countries could be better perceived if the focus of EU-Western Balkan relations is changed to the direction of mutual dependency and mutual influence. This means that integration should be observed as a bilateral process of mutual positive influence in a way that the more successful the realization of reforms in the EU, the faster the integration of the Western Balkans into it.

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АКТУАЛНИ ПРОБЛЕМИ ПРЕД ОПАЗВАНЕТО НА НЕДВИЖИМОТО КУЛТУРНО НАСЛЕДСТВО В БЪЛГАРИЯ

Author(s): Milena Ivanova / Language(s): Bulgarian Publication Year: 0

The report presents some problems оf the protection of immovable cultural heritage in Bulgaria. The solution of this problems will help for both saving the physical authenticity of the immovable cultural properties but also for а sustainable urban development and a new opportunity for the development of cultural tourism.

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ДЕЙСТВИЕ НА СТОПАНСКАТА НЕПОНОСИМОСТ В НЕМСКАТА ПРАВНА СИСТЕМА

Author(s): Ivaylo Ikonomov / Language(s): Bulgarian Publication Year: 0

The report analyzes the approach of legislature and judges towards the implementation and application of the hardship doctrine in German civil law. The study is focused on the historical evolution of hardship in the German legal system and the contemporary prerequisites for its application and effects thereof. The codification of hardship in German law in § 313 of the Bürgerliches Gesetzbuch in 2002 is considered in the international legal community as the most balanced and just approach in dealing with change of circumstances due to its flexible and open nature. Because the German approach has similarly been adopted by the Bulgarian legislature in art. 307 of the Commercial Code, its in-depth study is instrumental in improving the understanding and application of hardship with regard to the sustainable development and progress of Bulgarian commercial law.

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Do Parents Have a Right to Determine Where a Child Patient Dies?

Author(s): Lisa Cherkassky / Language(s): English Publication Year: 0

This chapter will explore whether parents have the legal right to take their gravely ill child home to die in peace surrounded by family. Public anger surrounding the recent cases of Charlie Gard and Alfie Evans suggests that it is morally wrong to deprive parents of this final wish when medical treatment is futile and travel abroad for treatment has been ruled out. The judgments of Judge Francis (Gard) and Lady Justice King (Re C) will be examined to reveal the legal avenues available to parents of gravely ill children and whether their final wish to take their child home should be afforded more weight in futile cases.

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Imenovanja i razrješenja sudaca u Republici Hrvatskoj od 1990. do 1996. godine

Author(s): Nikolina Židek / Language(s): Croatian Publication Year: 0

Predmet ove analize su imenovanja i razrješenja sudaca u Republici Hrvatskoj od 1990. do 1996. godine. To se razdoblje podudara s proglašenjem neovisnosti Republike Hrvatske i donošenjem tzv. božićnog Ustava 1990., razdobljem ratnih događaja i izvanrednog stanja te neposrednog poraća. To je ujedno i razdoblje velike pravne nesigurnosti u sudstvu s obzirom na kašnjenje u donošenju zakona o sudovima i osnivanja Državnog sudbenog vijeća kao tijela nadležnog za imenovanja sudaca. Pravna nesigurnost i različita primjena nejasnih zakonskih odredbi, dovela je do neizvjesnosti statusa te posljedičnog egzodusa sudaca, mahom u odvjetništvo ili javno bilježništvo te prijevremenu mirovinu. Posljedica tog procesa bila je negativna selekcija u toj grani trodiobe vlasti, koja zapravo najizravnije jamči pravnu državu svojim građanima.

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Структурни мерки в банковата система на ЕС: между кръстопътя и края на реформите

Author(s): Kaloyan Simeonov / Language(s): Bulgarian Publication Year: 0

The main objective of the present paper is to analyse whether the EU’s banking system is progressing towards conclusion of the present legislative reforms which were mainly triggered by the recent economic and financial crisis or, on contrary, it is still left at crossroads and the directions towards which it could continue forward are different. In the second part of the research the author presents other legislative initiatives in the banking sector initiated by the EU and some of which had already been published and implemented. Then the author focuses attention on the proposal for regulation pertaining to the structural measures to enhance the bank stability in the EU and discusses to what extent the latter could be treated as a concluding element for the banking reform in the EU.

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Amendments to the Constitution in the Area of Judiciary in the Candidate Countries for the Membership in the EU - the Examples of Montenegro, Albania and Serbia

Author(s): Aleksandar Andrija Pejović / Language(s): English Publication Year: 0

In accordance with the obligations undertaken in the process of the accession to the European Union, the three candidate countries in the Western Balkans have initiated or undergone the process of changing their constitutional acts in order to align them with the requirements stemming from Chapter 23 Judiciary and Fundamental Rights. The paper aims to analyse how Montenegro and Serbia approached this commitment as an integral and essential part of the Action Plans for Chapter 23, while Albania did it as a part of the preparation of the country to receive the candidate status and the opening of accession talks. Subsequently, the paper shows that during the drafting process, the three states were guided by the standards defined by the Venice Commission in its opinions and proposals as well as the EC views received within consultative processes they have undertaken. It also points out the differences in the approach to the content of the changes by the European Union and the Venice Commission in the three cases. While Serbia still has to implement these changes, this paper also presents the diverse experience in Montenegro since 2013 and Albania since 2016 in relation to the implementation of the Constitutional amendments in practice and the effects it has had. Furthermore, the paper discusses the effects of the Constitutional reform in the light of the Enlargement Policy considering the latest developments and the fact that the Rule of Law is an essential part of these processes and the EU requirements. Finally, the paper concludes that the Venice Commission, invited by the European Commission, has provided the three states with its opinion guided both by technical, but also political principles, which, as an effect, has produced a diverse approach to how certain elements of the constitution treat the independence and autonomy of the judiciary within the process of integration in the EU.

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Prescriptive or Outcome Based? A Comparative Analysis of India’s Personal Data Protection Bill and European Union’s GDPR

Author(s): Rupal Rautdesai,Sudipta Chakraborty,Shashikala Gurpur / Language(s): English Publication Year: 0

The concern regarding privacy started with the increase in the use of advanced technology related to computers and the internet. The data and information created, sent, shared, and stored in these digital files through the advanced technologies and platforms are prone to cyber-attacks leading to breach of privacy and making sensitive personal information and data public. These concerns have led many countries to adopt data protection laws, to protect the right to privacy on one hand, and to regulate the businesses that gather, store and sell such data for commercial gains, on the other hand. The authors in the research paper have discussed privacy as a construct, then its transformation, its connotations and operation in the Information and Communication Technologies World. Further, they have discussed, compared and analysed how the issues pertaining to consent, right to be forgotten and handling of sensitive personal data have been addressed in the European Union’s General Data Privacy Regulation with the Personal Data Protection Bill, 2019, of India. The authors conclude on the ever-changing concept of privacy also on how the relevant issues have been addressed either through the prescriptive or the outcome-based provisions of both the GDPR and the PDPB, 2019.

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Правни аспекти на закрилата на морските интереси на Европейския съюз

Author(s): Vanya Hristova Stamatova / Language(s): Bulgarian Publication Year: 0

This report examines the legal aspects of the protection of the European Union's maritime interests in the context of European integration, highlighting that peace and security in the maritime space could only be achieved through the utilization of pan-European measures.

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4.50 €

6284 Sayılı Kanun Kapsamında Tedbir Kararlarının Verilmesi Ve Uygulanmasına İlişkin Usul Ve Esasların Değerlendirilmesi

Author(s): Simge Aksu Kayacan / Language(s): Turkish Publication Year: 0

Within the scope of Law No. 6284, it is possible to take a protective cautionary decision with regard to the persons who are protected and a preventive cautionary decision with regard to the perpetrator of violence. The followings are the persons protected within the scope of this Law; the women, the children, the family members and the victims of stalking who have been subject to the violence or at the risk of violence. The followings are the authorities that can take a cautionary decision; the judge of family court, the administrative chiefs and law enforcement officers. The judge of family court can take both protective and preventive cautionary decisions, the administrative chiefs can only take a protective cautionary decision. In cases where delay is considered to be risky, the law enforcement officers can take some of the the protective cautionary decisions identified within this Law which can be taken by the administrative chiefs and some of the preventive cautionary decisions which can be taken the judge. The cautionary decision can be taken for the victims and perpetrators of violence within the scope of this Law upon request or ex officio. The cautionary decision can be taken for a six month period at most initially. No evidence or report providing violence is required in order to take a cautionary decision. The fact that the cautionary decision haven’t been pronounced or notified to those concerned does not constitute an impediment to implement the decision. With regard to the perpetrator of violence who acts contrary to the requirements of the preventive cautionary decision, the preventive imprisonment is ruled by a judicial decision even if the act constitutes crime. In each recurring action contrary to the requirements of the cautionary decision, the period of the preventive imprisonment is increased. But the total duration of the preventive imprisonment shall not exceed six months. The judge has no discretion with respect to decide on the preventive imprisonment in the event of violation of the cautionary decision. In order to decide on the preventive imprisonment, the cautionary decision must be pronounced or notified to the perpetrator of violence including the legal warning stating that in case of acting contrary to it the preventive imprisonment in respect to him will be issued. The cautionary decisions and decisions regarding to the preventive imprisonment may be appealed to the family court by the relevant persons. The decisions on appeal are final. In this paper, it is aimed to examine and evaluate the issues of making and implementing the cautionary decisions, acting contrary to the cautionary decisions, appealing against the cautionary decisions and the decisions regarding to the preventive imprisonment by making use of relevant legislation, scientific studies and judicial decisions, besides addressing and offering solutions to the problems encountered.

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Social Rights of Refugees

Author(s): Özkan Gönül,Yunus KARAAĞAÇ / Language(s): English Publication Year: 0

As of the written history, it is seen that only 270 years of the last 3000 years did not experience war. This situation reveals the fact that human history is actually the history of wars. The mass wars that took place at the point of sharing lands and scarce resources have been one of the main causes of migration movements, one of the most painful realities of human history. Because the members of the state that lost the war or a society that was tried to be subjected to genocide had to take shelter in another state in the hope of surviving and being safe.

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Political Rights of Refugees

Author(s): Hakan Acar,Serhat Bulut / Language(s): English Publication Year: 0

The worldwide refugee population rose from 10,4 million in 2011 to 26,0 million by the end of 2020. In this context, the world has witnessed an extraordinary increase in the number of people with refugee and refugee status over the past nine years. According to the United Nations High Commissioner for Refugees (UNHCR) data, people in refugee status more than half of Syria, Venezuela, Afghanistan, and comes from southern Sudan and in turn the global refugee of 90 percent of the southern hemisphere countries host population even as, Turkey is like 3,6 million in numbers, the world is one of the countries hosting refugees. Although Turkey and Lebanon also follow Uganda, unprecedented in European countries such as Germany and Sweden form of the refugee population continues to increase.

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Clarifying The Legal Status: Distinctions Between Refugees, Asylum Seek

Author(s): Cenap Çakmak / Language(s): English Publication Year: 0

The mobilization of people has been attracting attention in the media and policy circles as a major development that is affecting the conduct of international politics. A number of national institutions and international agencies are focusing on the issues the mobilized people are facing in an attempt to address their needs, as well as to avert any potential security or humanitarian threats associated with the huge wave of mobilization. People who leave their original homes or places of settlement are motivated by different factors, including building a brighter economic future for themselves and for their household, escaping persecution, finding a safe place after experiencing bloodshed in a civil war or seeking refuge due to fear of life-threatening conditions. In the vast majority cases of the mobilization of the people, a certain degree of distress is observable. Only a very small portion of the people who leave their homelands do not experience any sort of repression or security threat. Therefore, it will be safe to argue that the emerging wave of mobilization as one of the new facts of international politics is at least partially due to the instability and insecurity in the international political order which has been traditionally concerned with the survival and protection of the state and its interest, thus often disregarding the betterment of the ordinary people.

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The EU Refugee Policies and the Status of Refugees

Author(s): Neriman Hocaoğlu Bahadır / Language(s): English Publication Year: 0

The European Union (EU) is a sui generis organization. Its establishment can be traced back to the European Coal and Steel Community. It has many characteristics which make it different than many other international organisations. European integration started in a specific area but day by day, it was deepened and widened. Cooperation spread to many different areas, such as agriculture, trade, economy, environment, education, culture and many more. It started with six member states and today it has 27.

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Historical Development of The Refugee Crisis in The European Union

Author(s): Mesut Şöhret / Language(s): English Publication Year: 0

The new world order established after the end of the Cold War has fragmented the nature of the elements perceived as “threats” as in many other fields, and the issue of migration and refugees have started to be debated in the field of “high politics”. At the same time, this period includes a process in which the association between international migration, threat and security becomes clear and migration has been politicized and securitized by its reflection on the policies implemented. Actually, when evaluated in general, it is seen that immigrants, who were regarded as necessary and efficient and encouraged by European states from after the Second World War until the 1974 Oil Crisis, and later on started to be regarded as undesirable people and even threats in Europe.

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Gender, Migration, and Security: The Eu’s Response to The Refugee Crisis

Author(s): Ayşegül Gökalp Kutlu / Language(s): English Publication Year: 0

Gender equality is a fundamental value of the European Union (EU). TheEU Member States pledged to prohibit discrimination based on sex or sexualorientation and ensure equality between women and men in all areas byaccepting the Charter of Fundamental Rights of the European Union. In itsGender Equality Strategy 2020-2025, the European Commission declaresthat “the promotion of equality between women and men is a task for theUnion, in all its activities, required by the Treaties”1. The EU also pledged toensure a secure environment for everyone, no matter what their racial orethnic origin, religion, belief, gender, age or, sexual orientation is.

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Normative Elusiveness of Europe in Terms of Refugee Crisis

Author(s): Sinem Bal / Language(s): English Publication Year: 0

What makes the EU different from other actors is its use of a catalogue of values and principles that are shaped, shared, and diffused by Europe around the world. By expanding these values beyond Europe, the EU constitutes its self-identification and reflects a particular kind of actorness in international affairs. These performances have ontologically been designated within specific role conceptualizations, such as a ‘civilian power’1, ‘structural power’2, ‘normative area’3, and ‘normative power’.4 Among these scholars, Ian Manners, in most of his works5, coins the concept of Normative Power Europe (NPE) and describes the EU as a norm promoter that conditions universal norms to third countries in order to consolidate the moral consciousness in international politics. Although this approach of Manners was ground-breaking approximatively two decades ago, the EU has yet continued to include universal values as criteria in its external relations or in its constitutive documents and makes the scholars to elaborate the NPE role conception through case studies. However, the EU’s stance on refugee crisis manifests itself with noncompliant practices that cause myriad political challenges; such as the rise of nationalist parties in member states’ parliaments, breaking of the Dublin Regime, the lack of coordination between nation states and failure in the common protection policies for refugees, all of which undermine the NPE image and unravel the fact that the EU pulls between human right norm promoter and security dichotomy.

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The Sustainable Development Goals (Sdgs) and Migrants / Migration

Author(s): İsmail Melih Baş / Language(s): English Publication Year: 0

The Global Risks Report which is prepared and issued every year by the World Economic Forum (WEF) is known widely all over the globe. Taking a look at the Reports from 2007 on 2020 will show us that “involuntary migration” is one of the “Top 5 Global Risks in Terms Likelihood” as well as “Top 5 Global Risks in Terms of Impact”.1 The impacts are considered in different areas which are intercorrelated strictly. These areas (economic –environmental- societal) are named as “triple bottom line”2 and reported with an integrated style like “integrated reporting”3 or “GRI reporting”.

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Migration By Sea: Libya and The EU’s Approach

Author(s): Burak Şakir Şeker / Language(s): English Publication Year: 0

One of the biggest challenges faced in the international arena in recent years is the political chaos in Libya since February 2011. Indeed, the fall of the Gaddafi regime after 42 years of continuous rule marked the beginning of fluctuations until today. Thus, the military intervention of the international coalition not only led to a change in the domestic political situation but also allowed the chronic peculiarities of Libyan society to explode in the most violent way. In these circumstances, the issue of migrant / refugee trafficking as well as that of human trafficking has become particularly large, making it, in combination with migratory flows from the eastern Mediterranean, one of the burning demands to manage the EU under the common European asylum and immigration policy. The EU members have had to deal with the management of migratory flows on the one hand, and the uncontrollable political situation in Libya on the other. Thus, the multi-layered civilian structure has turned Libya into a hub of instability in the wider region between cosmopolitan and ethnic forces, at the same time directly affected irregular migration to Europe and finally posed a threat to the EU itself with significant challenges and dilemmas.

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TRĂSĂTURI DEFINITORII ȘI PROCEDURI LEGALE PRIVIND BOLILE PROFESIONALE

Author(s): Elena Botnari / Language(s): Romanian Publication Year: 0

This article examines the concept of occupational disease (intoxication) and its defining features: the determined temporal character, the acute character, the effect character of the harmful factors of work, the prejudicial character. The research stages of the occupational disease (intoxication) are commented, as they are regulated in the Sanitary Regulation on the research and establishment of the diagnosis of occupational disease (intoxication), approved by the Government Decision of the Republic of Moldova no. 1282 of November 29, 2016: 1. signaling suspicion of occupational disease (intoxication); 2. research into the case of suspicion of occupational disease (intoxication); 3. declaring the case of occupational disease (intoxication); 4. Registration and reporting of cases of occupational disease (intoxication)

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