Преображаји правне државе и владавине права

Author(s): Dragan M. Mitrović,Kosta D. Mitrović / Language(s): Serbian Publication Year: 0

The static picture of the rule of law, which almost always imposes itself as the main one, we shall try to depict in its live flow, which is some-how or other put aside. And that flow is of such kind that it shows continual conceptual and practical transformation of the rule of law. Let us mention but a few examples of that transformation over the past two centuries: liberal rule of law, socialist rule of law, cultural rule of law, welfare state, neo-liberal rule of law, supranational rule of law, international rule of law, all the way up to a possible world rule of law, which are announced together with the establishment of the transhuman society with one and the same rule of law. It may look like the circle is closing. And it took only a little over two centuries of practicing those ideas in the most developed countries around the world.It is obvious that the rule of law is a fragile creation. It is exactly byway of that fact that it is rendered possible to explain its accelerated two-century long transformation which can result in its likewise accelerated disruption and revoke. Today, the rule of law is increasingly more distant from the values and needs of daily human life, despite the privileged nominal and normative treatment. This is done with the intention of creating a transhuman, i.e. a dehumanised society and the law. In such society people exist for the purpose of technocratically built law, and not the law for the people.

TRANSFORMACJA W POLSCE: FAKTY I MITY DOTYCZĄCE LAT 1990–2020 ORAZ SZANSE GOSPODARCZEGO DOGONIENIA USA I NIEMIEC PO ROKU 2020

Author(s): Stanisław Gomułka / Language(s): Polish Publication Year: 0

This article studies path-breaking economic developments in Poland followingthe start of the systemic transformation in 1989. Three groups of countries are usedfor comparative analysis: those economically most advanced, those less developedbut striving to catch up during the last 30–40 years, and as a subgroup of the latter,the transition economies. The article has three objectives. The fi rst is to show that manyopinions regarding major aspects of the Polish transformation are at variance with plainstatistical facts. The second is to evaluate the pace and the extent of progress so farin the eff ort to narrow the income and wealth gaps between Poland and most developedcountries, particularly the pre-2004 members of the European Union. The third consistsin a discussion of factors which are likely to impede the pace of Poland’s economicdevelopment in the years to come.

KULTURA W TRZYDZIESTOLECIU

Author(s): Katarzyna Kasia / Language(s): Polish Publication Year: 0

The aim of the text is to analyze the main goals and strategies of cultural politicsin Poland in the period 1989–2019. The most important tendencies observed arethe contradictory actions taken by diff erent political authorities towards centralizationand de-centralization of culture’s management. These opposite tendencies representat least two major ways of looking at the fi eld of culture, which, on the one hand,is perceived as a political tool serving to create a sense of national identity, and onthe other, as an autonomous value which should be separate from all possible politicalinfl uences. The article analyzes the transition from the moment of the fi rst postcommunistre-discovery of artistic freedom to the present day, when right-wingpoliticians strive to replace culture’s management with history-based politics.

TRZY DEKADY OBRONNOŚCI III RP : POLITYKA I STRATEGIA OBRONNA ORAZ POLITYCZNO-STRATEGICZNE KIEROWANIE SIŁAMI ZBROJNYMI RP

Author(s): Stanisław Koziej / Language(s): Polish Publication Year: 0

The evolution of Polish defence policy and strategy after 1989 has had three mainphases. In the 1990s, the most important problem was the independence of Polishthinking and strategic practice after four decades of incapacitation in the conditionsof membership in the Warsaw Pact. The fi rst fi fteen years of the 21st century werea time of allied integration in NATO and the EU. Since 2014, there has been a periodof strategic adaptation to new security conditions, including hybrid threats, imposedby Russia’s confrontational policy towards the West. During this period there hasalso been a radical internal change in Polish politics related to the rise to powerof the Law and Justice party. The most important challenges in the fi eld of defencepolicy and strategy today are: ensuring a state rather than party approach to nationalsecurity, restoring international credibility, especially among NATO and EU allies,and repairing civilian and democratic control over the armed forces.

BEZPIECZEŃSTWO POLSKI PO ZAKOŃCZENIU ZIMNEJ WOJNY. PRÓBA SYNTEZY

Author(s): Robert Kupiecki / Language(s): Polish Publication Year: 0

The fi rst three decades after the fall of communism proved to be a good time forPoland’s security, which greatly benefi ted from the relaxation of international politics,and rebuilt its sovereign foreign and security policy. The country effi ciently reorganizedits relations with its neighbouring states, consolidated its own borders and rejectedold military and economic alliances. The net cost of this process was the lastingand progressive deterioration of relations with the heir of the Soviet Union and the largestneighbour – the Russian Federation. Rationalization and reduction of the armed forceswas possible due to progressive demilitarization of security in Europe, and it helpedrelease funds for other state needs. The processes were made possible thanks to a broaddomestic political consensus. The Polish transformation, although socially costly, hasmade it a democratic, free-market, and pluralistic state, strongly anchored in NATOand the EU as well as in regional cooperation, and selectively engaged in the globalagenda. Overtime, Poland has become a respected member of the Western communityof states, occasionally punching above its weight in transatlantic relations.

KALENDARIUM WYDARZEŃ 2019

Author(s): Piotr Śledź / Language(s): Polish Publication Year: 0

ZESPÓŁ ROCZNIKA

Author(s): / Language(s): Polish Publication Year: 0

Регистър за синдикалните организации и организациите на работодателите - законодателна рамка и практически ефекти

Author(s): Galina Yolova,Andriyana Andreeva / Language(s): Bulgarian Publication Year: 0

In this paper we conduct an analysis of the legislative solutions related to the establishment of a dedicated register of trade union organizations and the organizations of the employers. In the aspect of the present legislative hypothesizes author concludes about the specifics, necessity and the impact of the register requirement considering the principles of stability and transparency in the social dialogue field.

Корупцията в държавната администрация и икономическата корупция в контекста на членството на България в Европейския Съюз

Author(s): Galin Isaev / Language(s): Bulgarian Publication Year: 0

Bulgaria is a country – member of the European Union, which by preference of the European committee has achieved unsatisfactory results in relation to the counteraction and the fight against corruption. In a result of this preference Bulgaria has been included in a specially created Mechanism for cooperation and verification regarding certain areas, within which the committee come out with an annual report, reporting the condition of the country in the mentioned areas. The essential part of the problem with corruption in Bulgaria is the corruption in public administration and the associated with it – economic corruption. The Mechanism for cooperation and verification plays a significant disciplining role regarding the authorities in Bulgaria for taking actions targeted into the counteraction against corruption.

Относно концепцията за „необичайно благоприятна оферта” съгласно българското законодателство в контекста на европейските директиви в областта на обществените поръчки

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The aim of the present report is to illustrate the concept of "unusually favorable offer" under the current Public Procurement Act and to raise the question of how this concept corresponds to the idea of "abnormally low tender", according to the provisions of the European directives. The approach to achieving this aim is a practical oriented analysis of the current European and Bulgarian legislation. The paper draws attention to the different terminology used by the Bulgarian and European legislators. It is emphasized that there is a discrepancy in the very concept of "abnormally low tender".

Регулиране в областта на обществените поръчки в България

Author(s): Stanislava Tzvetkova / Language(s): Bulgarian Publication Year: 0

The process of spending public funds, its expediency and transparency are of high public interest, both at local and European level. In the context of a modern open society, with a strong civic attitude and a great deal of access to information, the question of how, why and how much public money is spent on obtaining a good is essential for the population. European and local institutions face the challenge of improving the process of good allocation of resources, improving the quality of their goods and achieving an optimally high level of public utility and transparency. Also it’s a challenge for contracting authorities to monitor changes in the legal framework and case law, and they often examine the views and reports of control bodies that bring clarity in law enforcement practice.

Третият енергиен пакет на Eвропейския съюз и либерализацията на пазара на електроенергия в България - резултати и предизвикателства

Author(s): Vasil Stoynov / Language(s): Bulgarian Publication Year: 0

Bulgaria has been conducting a vivid and consistent policy since 2012 in regards to the harmonization of the electricity market with the European standards as stipulated in the EU’s Third energy package. The first step into this direction was the adoption of national legislative changes transposing Directive 2009/72/EC of the European Parliament and of the Council requirements and adapting them to the national energy sector specifics. The changes include all key requirements by the EU and, most of all, the selection of a model to separate the electricity transit from the chain of production and delivery. Bulgaria has adopted the model of an independent transmission operator where the ownership and the management of the electricity grid are mandated to a certified company which is part of the vertical integrated company and it meets certain conditions for independence. Along with those changes, the national legislature pays attention to consumer protection, enhanced the role of the national regulator and encouraging cross border partnerships. The adopted legal texts serve as a fundament for the process of electricity market liberalization which shall be continued with certain actions by both the regulator and the market participants. The article reviews the positive changes which had occurred in the recent years during the implementation of the requirements for more competitive, efficient and secure market. To latter we could refer the separation and certification of Electricity System Operator EAD as an independent transmission operator, establishment of the Independent Bulgarian Energy Exchange, implementation of a free deregulated energy trade segment and accommodating opportunity for the consumers to choose their energy supplier. In conclusion, the article turns attention to still existent serious issues and challenges to the Bulgarian energy sector liberalization which shall be addressed.

Финансовият анализ в контекста на новото счетоводно законодателство в България

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

At the end of July 2015, a draft of new Accountancy Law was submitted to the National Assembly of the Republic of Bulgaria. The bill should be adopted and enforced as from 01.01.2016. The bill is aimed at introducing the provisions of Directive 2013/34/ЕС of the European Parliament and of the Council of 26.06.2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings in the national accountancy legislation. This report highlights the provisions of the draft of new Accountancy Law that transpose the European accountancy rules in the country. The report further studies the methodology for financial analysis of undertakings in the context of the new accountancy rules of Directive 2013/34/ЕС. The objective is to develop theoretically justified, clear and applicable methodology for financial analysis based on the information contained in the undertakings’ financial statements.

Bulgaria in the European Union – Seven Years Later. Moving Towards Contemporary Corporate Governance Regulations

Author(s): Stanislava Lalova / Language(s): English Publication Year: 0

A lot has been known about corporate governance structures and principles, but it was not before the Asian financial crisis of 1997 than the wide world got acquainted with the issue thoroughly. Now, a few years later, in a decade of economic and business disruptions, the corporate governance matters are once again in the center of attention. First it was the world financial crisis 2007-2009 and then seemingly inevitable European debt crisis, that made a lot of great minds consider corporate governance issues essential once more. The European Union leaders have taken serious measures at an attempt to control and regulate corporate governance throughout the years by introducing and adopting a series of so-called Action Plans and Papers. Moreover, the union put so much stress on the matter that now every EU member state has introduced a national code for corporate governance for the listed (and sometimes also for the non-listed) enterprises. Bulgaria makes no exception. The report presents the regulatory mechanisms and documents prior the state joining of the EU and the changes made afterwards. The adoption of a National Code for Corporate Governance and its revision sheds light on the endeavors of Bulgarian authorities and enterprises to take on the challenge to contribute to EU's creation and maintaining of a sustainable single market for financial services and products. There is still a lot to be done when comparing Bulgarian corporate governance reality to the ones of some Western countries, but the efforts are in order and continue.

Corporate Governance and Banking Sector in the Years of Recovery

Author(s): Dimitar Ivanov / Language(s): English Publication Year: 0

The aim of the current report is to observe and explore the reasons for the banking crisis from mid-2007 from corporate governance perspective and how in its response the governing principles have evolved and improved on a global and European level, what lessons have been learnt and what course of action has been taken in the banking sector in the subsequent years of recovery. The study focuses on the current Bulgarian legal and "soft" framework (principles and by-laws) for corporate governance in the financial institutions and search to compare and contrast at what extend the notorious corporate governance documents such as the BIS Principles for enhancing corporate governance, the OECD Principles of Corporate Governance and the European directives are embedded in the national codes and acts and adopted by the banks. An emphasis is also put on the recent shock in the Bulgarian banking problems from the beginning of the second half of 2014.

Надзорна банкова политика в ЕС и въздействието ѝ върху националните финансови системи

Author(s): Maria Chankova / Language(s): Bulgarian Publication Year: 0

This paper reviews the bank supervision in the EU and the reflection of those mechanisms on the national financial systems and banks. Author outlines the importance of the banking sector for the EU’s financial system with having more than 8000 banking institutions registered. This has significance for the single market, the integration process within the economic and monetary union and non-performing financial institutions might pose a threat to the stability of the entire EU. The research discusses the European financial supervisory framework dating back in 2010 with the evolution of the European Banking Authority, European Securities and Markets Authority, European Insurance and Occupational Pensions Authority as well as the establishment of the European Systemic Risk Board.

Citizenship at the Discretion of the State

Author(s): Alejandra Boto / Language(s): English Publication Year: 0

On 24 April 2018 it was announced that Alfie Evans was granted Italian citizenship despite the absence of any Italian lineage. The decision seemed to be based on Article 9.2 of Italian Act number 91, 1992 which allows the conferral of citizenship by a discretionary governmental decision provided there is a special interest of the State. This chapter takes a close look at this provision, known as the privilege of naturalisation, focusing on public law issues such as equity and judicial review, offering also a comparative analysis.

Serving the Child’s “Best Interests” in Australia

Author(s): Roslyn Jones / Language(s): English Publication Year: 0

Australia joined with the rest of the world in observing and commenting on the controversial debate over the fate of Charlie Gard and Alfie Evans. How Australia may have responded given similar scenarios will be explored in a number of ways. These will include considering our existing legislation, summarising the case law of comparable matters and analysing these cases in terms of issues of quality of life, professional obligations, parental versus state control and the use or misuse of media and social media in these situations.

The Application of End-of-Life Legislation to Minors in France

Author(s): Stephanie Rohlfing-Dijoux / Language(s): English Publication Year: 0

This chapter explores how French Law would deal with legal problems relating to minors with incurable illnesses. In particular, the rules relating to therapeutic obstinacy, advanced directives and person of confidence would be examined. The question of how to conciliate the country’s special end-of-life legislation with the legal provisions concerning minors in family law and child protection law will be analysed, as will the fundamental rules on collective decision-making procedure in end-of-life situations.

Patient Autonomy and Best Interests in End-of-Life Cases

Author(s): Peter Elsner / Language(s): English Publication Year: 0

The right to life is entrenched in the German Constitution mandating the state to abstain from unlawful incursions into human rights and to actively protect the enjoyment of human rights. Patient autonomy is derived from these basic rights. Maintaining or terminating medical support measures in end-of-life situation requires the patient’s consent which in minors may have to be decided by the courts based on the presumed will of the patient. Family values will have to be taken into account in establishing the presumed will of a child.