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The article discusses Article 9 of the ECHR in parallel with the Roman legal concepts of religious freedom and tolerance, placed mainly in the pagan period until the establishment of Christianity as the only and obligatory state religion at the end of the IV century. Conclusions have been drawn about the universalism adopted in the ius gentium with regard to the religions of the peoples in Romandominated Mediterranean, Europe, Asia Minor and North Africa.
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The report provides a comparative analysis on the scope and limitations of the modern concept of privacy in the digital space in the legal systems of the EU and the United States. The influence of the European Court of Human Rights case law on the formation of the concept of privacy in the EU is emphasized. Attention is focused on the specifics of the perception of privacy and data protection in the legal systems; which affects the approach to regulating the digital space as a whole.
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The right to independent and impartial court is the essence of the right to due process under Article 6 ECHR. In the early twentieth century in Bulgaria the judge Anton Kableshkov brings to the fore some timeless truths about the role of independent justice for the protection of individual rights and freedoms and for overcoming the crises in society. Nevertheless; the independency of judiciary continues to be a neuralgic point of Bulgarian constitutional system. This article explores and renders systematic the case of the ECtHR with a view to in-depth consideration of the contemporary standards for independent and impartial court within the protection of human rights. In the course of the analysis; it is concluded that all the advance normative and institutional guarantees are not sufficient on their own and do not remove the need to assess and protect the right to independent and impartial court in each individual case.
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The review of the case-law on the application of the court proceedings under Art. 127a; para. 2-4 of the Family Code establishes contradictory permits; leading mostly to a slow course of the court proceedings and the lack of predictability of the outcome. In this way; the best interests of the child cannot be guaranteed. In this regard; the Bulgarian case law has been criticized in the case of Penchevi v. Bulgaria (application no. 77818/12; final judgment of 10.5.2015). In view of the identified problems in the application of the legal framework; according to the author; a legislative change in the regulation of court proceedings is required.
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The report makes an overview of the acts of the Council of Europe; which influence the criminal legislation of the member states. As the Republic of Bulgaria is a member of the Council of Europe since 1992; it is important to clarify the system of legal instruments for combatting terrorism in order to understand the national criminal law prevention of terrorism; on one hand; and as the primary source of the current model of counter terrorism in the European Union.How has the 30-year membership of our country in the Council of Europe affected the Bulgarian rule-making process? Has our national legislation become more compliant with the human rights protection standards set by the Council of Europe after 5 and a half years of regulatory reform? What does the preliminary compliance check of our draft laws with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights mean and does it have a ground in our country? These are some of the questions this report seeks to answer.
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The present article discusses The Council of Europe Development bank and its function to provide financing on projects aimed at promoting the social and economic situation of various groups of people; in particular migrants and displaced persons. It is pointed out that the bank has been established in order to provide assistance to the homeless and unemployed because of World War II. The article also traces the shift in functions during the 70s and the 80s and its current activity. Nowadays the bank lends money for projects aimed at preserving the environment. Moreover; the article also puts the bank governance to critical discussion.
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An enduring feature of EU competition law is the understanding of the competition as a process resulting from the exercise of freedom of choice by market actors. The present research examines what this freedom involves and establishes its role in creating the concept of abuse of a dominant position. It is concluded that this concept is based on ordoliberal thoughts of the Austrian School of Economics.
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The liberal understanding of the rule of law emphasizes the ability of a political regime to guarantee the equal competition of freedoms in the context of the philosophical model of universal human rights. The present article examines the extent to which the various dimensions of political co-operation in the Council of Europe; in particular those aimed at supporting the rule of law; contribute to the consolidation of Bulgaria‘s new democratic system in the perspective of the 30th anniversary of its membership.
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The aim of enacting interim measures in the respect of children; that are decreed in a matrimonial process or by dispute between the parents over the exercise of parental rights; the regime of personal relations and maintenance (Article 127; paragraph 3 of the Family Law) is to provide and guarantee the protection of the interests of the child during the period of time; in which the court proceedings are pending. The purpose of this report is to make a short analysis of the change in the interim measures in the respect of children; which are decreed in the proceedings: - on divorce by lawsuit; according to the provision of art. 49 of the Family Law; - in a dispute regarding parental rights; according to the provision of Art. 127; para. 2 of the Family Law;
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The report reveals essential features of the right to freedom of thought; conscience and religion; according to its regulation in Art. 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the ЕCHR. It presents the criteria by which a restriction of this right shall be considered justified. A retrospect of those norms of the Bulgarian penal laws - from the First Bulgarian Penal Law (1896) to the entry into force of the current Penal Code - which regulate crimes against faith and beliefs is made. The crimes against the religious groups and denominations and some other relevant crimes are analysed; the trend in their future development also is outlined.
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In the growing uncertainty and dynamism of the today’s changing turbulent environment, with the strength of a strategic priority goal and indispensable part of the key policies of the modern organization, a growing integration of the competency based approach and the benefits of systemic digital transformation in human resource management is demonstrated. This requires the knowledge of the intercomplementary good practices as well as the technology of their implementation in the key HR functional activities that generate significant sustainable competitive advantages for the businesses in the digital environment.
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Objective of the report is to examine the protection of the purchasing power of welfare incomes in Bulgaria over the last 14 years. The research tasks are: (1) to carry out a synthesized analysis of the evolution of real social assistance incomes; (2) to provide an analytical review of approaches and mechanisms for anti-inflationary protection of social benefits; (3) to propose conclusions, assessments and recommendations. The paper is focused on the following social assistance incomes: one-off social assistance benefits, monthly social assistance benefits and heating allowances.
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The publication analyzes the risks for pensioners and assesses their manifestation and management by the pension insurance companies in the first full year (2022) of the payout phase from the universal pension funds (UPF). Taking into account the risk characteristics of the retirement products regulated in the Bulgarian legislation and the dominant trends of the financial markets in 2022, the conclusion is substantiated that pensioners from the UPF are the most unprotected from inflation and annuitization risks.
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The report examines the protection of socio-economic rights within the framework of the European human rights protection system. Three issues relevant to legal theory and practice are presented: 1) clarification of the complex nature of socio-economic rights as rights of vulnerable groups of persons; 2) the role of the European Convention for the Protection of Human Rights and Fundamental Freedoms in affirming social protection in European countries; 3) Commentary on the Jurisprudence of the European Court of Human Rights in the context of socio-economic rights.
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Today, in addition to the issue of effectiveness, International Criminal Law (ICL) faces fundamental challenges that might determine or undermine its functionality and legitimacy in the years to come. In recent years, International Criminal Law has been a topic of escalating rhetoric. In political and also in armed conflict the term of Genocide has become an instrument to discredit opponents or to emphasize the importance of situations. However, the excessive and emotive use of the term brings about a serious risk of blurring the concept of Genocide and of understating the importance of other categories of crimes such as war crimes and crimes against humanity. Furthermore, there are policy initiatives to expand the scope of the International Criminal Law. The most prominent example nowadays is the effort to expand the scope of application of the Rome Statute to a new crime of «Ecocide». However, the inclusion of new crimes with unclear definitions might entail serious risks for the acceptance and legitimacy of International Criminal Law in the international sphere as a whole, insofar as it can be seen as an instrument of judicial activism or moral entrepreneurship.
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There are four main factors determining the current trends in law: political ideology, technologies, international law, not to mention the EU law or the process of self-development of law itself. There are several trends in the development of Bulgarian law. These include the adoption and improvement of anti-corruption legislation; searching for optimal solutions to improve the organization and functioning of the judiciary; digitalization of law, including different administrative procedures, law-making process, and administration of justice, the abolition of unnecessary regulations. All those go hand in hand with modernization of the legal system by means of establishing new branches of law, new legal institutes, or by enforcing new procedural codes, while suppressing overregulation, etc. Special interest is paid to family law and criminal as they welcome new ideas. In Bulgaria international treaties which have been ratified under the constitutional procedure, promulgated and enacted for Bulgaria, become part of domestic legislation and take precedence over any provisions conflicting with them. The EU law is also a part of the Bulgarian law.
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The article is focused on the concepts of legal reasoning and legal method. The distinctions between categories such as ‘reasoning’, ‘interpretation’, ‘argumentation’, ‘proof’, etc. are outlined. The role and place of legal epistemology, as well as the idea of legal discourse, are also interpreted.
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An overview will be made of a) the most important amendments and additions to the positive Bulgarian Consumer Law in the last 2 – 3 years, and b) its perspectives for development in the near future. Particular attention is paid to the national implementation measures of two EU legal acts - Directive 2019/770 for the supply of digital content and Directive 2019/770 concerning contracts for the sale of goods.
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