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Suriyeli sığınmacıların Türkiye’ye adaptasyonlarının sağlanması ve asgari yaşam standardı elde edebilmeleri için çalışma haklarına erişimleri sağlanmalıdır. Sığınmacıların çalışma izni almasında uygulamada büyük sorunlar çıkmaktadır. Suriyeli sığınmacıların çalışma izinleri süreci, başlangıçta özel bir hukuki düzenlemenin yokluğu ve düzenlemelerin çıkarılması ardından ise çıkarılan yönetmeliklerdeki hükümlerin belirsizliği ve uygulanmasında yaşanan problemler nedenleriyle halen sıkıntılıdır. Yabancıların çalışma izni alması, genel itibariyle zorlu bir süreç iken, söz konusu yabancı bir mülteci veya sığınmacı olduğunda, daha da zorlaşmaktadır. Suriyeli sığınmacılar genel olarak YUKK m. 91’de düzenlenen geçici koruma kapsamında korunmaktadırlar. Geçici koruma sağlananlar için çalışma izinleri ayrıca Geçici Koruma Yönetmeliği m. 29’da ve bu madde doğrultusunda çıkarılan “Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik”’te özel olarak düzenlenmektedir. Ancak hem bu düzenlemelerde boşluk olan durumlarda genel çalışma izni hükümlerine referans verilmesi hem de yabancıların ile 1951 BM Mültecilerin Hukuki Statüsüne İlişkin Sözleşme kapsamında ve YUKK m.61 kapsamında korunan mültecilerin durumu ile kıyasla değerlendirilebilmesi için, öncelikle genel hükümlerden bahsedilmesi yararlı olacaktır. Ardından Geçici Korunan Yabancılar için getirilen özel hükümler incelenerek, son olarak uygulamada çıkan bazı sorunlar, mevzuat ışığında değerlendirilecektir.
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This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Seven Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 3 October 2014, traditionally provided a stage for prominent academics, dedicated PhD students and professionals to discuss contemporary topics related to multiple aspects of the European integration, its effects on the Bulgarian economy, socio-economic environment, international business and relations, finance and politics. The authors in this edition of the book thoroughly reviewed the economy of the Euro area and the EU as it progresses after the latest recession. A Group of authors focuses attention on the banking sector, monetary aspects and inflation, the development in the Economic and monetary union within EU, the Single Supervisory Mechanism and the overall competitiveness and recovery of the European markets. Cross-border partnership with EU neighbours and related instruments, cohesion among the EU member states, experience with the European funds and corresponding public procurement process are another thematic cluster discussed in the book. The researchers increasingly examine subjects related to the energy policy and security, the EU energy policy development and actions in particular. The contributors review matters related to the renewable energy sources, the establishment of the European Energy Union and other institutional and policy developments on supranational level. Another thematic cycle in the book is related to matters concerning the corporate management, business strategy and marketing, new markets expansion and interculturalism. This is intertwined with papers dedicated to the education, human resource involvement and adaptation to the working environment, research and innovation. ‘The Membership of Bulgaria in the EU: Seven Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.
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The year of grace 2020 brought a unique situation for our society, in the context of pandemic situations never seen before by contemporaries. The danger of losing one's life but also the fear of the unknown has determined and continues to determine a state of insecurity that is fundamentally reflected in all areas of society. Of course, the sphere of trade could not be avoided, this very important area of the economy being severely affected by all the measures that have been taken to combat, limit and prevent the spread of the virus. Thus, the commercial contracts suffered, the non-executions of the contract being very common, just as the delays or non-conformities increased. Also effects on trade were the decreases in the number of transactions and the clientele that used the goods/services of traders, given the travel limitations and restrictions imposed during emergencies and/or alerts.
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The paper presents the arguments of the Court of Justice of the European Union (CJEU) in case Dietrich (C-422/19) and case Weiss (C-493/17), which concern the analysis on the compliance of the national law and regulations adopted by the European Central Bank (ECB) with the primary sources of European law (Treaty on the Functioning of the European Union - TFEU) and with the mandatory rules of the Statute of the European System of Central Banks (ESCB). Pending disputes, both in Germany, have reopened the subject previously discussed in the case Gauweiler (C-62/14), concerning the adoption of rules alleging that monetary policy limits have been exceeded and that the ban on monetary financing has been infringed (Article 123 TFEU). In the case Dietrich CJEU examined the concept of means of payment accepted in the euro area, in the case Weiss there is an analysis on the program of acquisition of the public sector in secondary markets, formally adopted and implemented for more than three years, while case Gauweiler verified the conformity of the program for the purchase of government securities issued by euro area Member States. The paper reveals the competence of the CJEU to verify the rules by which monetary policy measures are implemented and it proves the extension of the EU monetary policy effects outside the euro area, through the influence of the CJEU jurisprudence in the legal system of all Member States.
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With the Communication from the Commission, entitled "Single Market Act" of 2010, on the Europe 2020 Strategy, the issue of the internal market is relaunched by the European Union institutions. The field of progress of the internal market is oriented towards the digital single market - PUD. The European Union is thus becoming a digital player, which means for the Member States a transformation and adaptation to the information society. A key role in the completion of the digital internal market is played by the Commission, which has tabled numerous legislative proposals since 2010, in parallel with the European Parliament, which has adopted a number of resolutions to this effect. In the context of these regulatory concerns, many questions are emerging about how the digital single market responds to the needs of citizens, businesses and beyond.
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The Slovak Act on the Protection of Competition prohibits the public authorities from restricting competition by providing evident support giving advantage to certain entrepreneurs, or in any other manner. This national regime of protection against anticompetitive interventions by public authorities evolves alongside the European one. The issue of a normative administrative act, the issue of an individual administrative act (or failure to issue such act, where it should have been issued), adoption of decision by a representative body or conclusion of a contract were identified as vectors of unlawful intervention into competition. The creation of a situation of inequality of income, costs or obligations of undertakings (or tolerating such situation), the creation of barriers to the participation in the market or giving advantage to certain undertakings in their competitive or supplier/customer relations were declared as having anticompetitive effect.
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The paper deals with pricing algorithms in the context of competition law. Antitrust authorities around the world are concerned about the fact that pricing algorithms with even relatively low level of sophistication tend to cooperate without specific instructions, what may lead to their tacit collusion challenging current antimonopoly regulation. Negative impact may be seen in prices set above the market level and suppressed competition which may bring damage to consumers. Current legislation is not prepared for such technological advancement. The paper provides an overview on possible solutions for taking autonomous pricing algorithms under control.
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The aim of this paper is to showcase the Czech and EU law that regulates supply of digital content and services and assess its general usefulness with regards to contractual practice and consumer protection. This is achieved primarily by analysing the present and upcoming law that regulates the said topic and its comparison with con- tractual practice on the market. The paper concludes, that in the digital market, consumers have little control over the contracts they can enter into. Many of these contracts are consumer-unfriendly or even illegal. The law offers several ways the consumer can de- fend their rights on the market, but these are not cost-effective.
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Any processing of personal data should be lawful and fair. GDPR provides rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. In is well known that a real estate transaction (regardless if it is an asset or a share deal), implies processing some personal data. This is applicable also for the legal persons involved in real estate transaction. This article aims to answer to some relevant questions related to the restrictions imposed by the GDPR in the context of a real estate transaction of whatsoever type.
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In the field of labour law, we are currently witnessing a development in the case law of the Court of Justice of the European Union concerning multiple office-holding with the same employer, which is changing the framework of the regulations and practices related to employment relationships at national level. The CJEU's judgment in Case C-585/19 established as a matter of principle that the mechanism for determining the daily rest period for workers who have concluded several contracts of employment with the same employer is to be determined by reference to the total number of contracts - irrespective of how high the number of contracts concluded with the same employer is - and not by reference to each contract individually. Therefore, we will make an attempt at analysing the effect of this ruling at national level, by reference to the specific provisions of the current Labour Code regulations which, in some cases, enshrine differences of nuance and different perspectives from those established by Directive 2003/88/EC concerning certain aspects of the organisation of working time.
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The analysis of the interaction between the legal order of the Union and the law of the World Trade Organization (WTO) would be incomplete without a critical assessment of how European judges and panels and the WTO appellate body contribute to the articulation between the two legal systems. The Court has rejected the direct applicability of WTO law in settled case-law. This merely means, however, that Member States, in an action for annulment, or the parties in a reference for preliminary ruling on the validity of an EU act, may not rely on the incompatibility of an EU act with the WTO Agreement. The possibility of basing infringement proceedings on an infringement of WTO law does not run counter to the aims and particular character of dispute settlement in the WTO and can ensure the effective enforcement of any negative ruling by the WTO dispute settlement bodies. If the European Union was not able to bring infringement proceedings against Member States in such cases, the internal implementation of international trade law would even be seriously jeopardised.
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The law is not a frozen regulator of public relations and it must take into account sudden changes in the reality. In 2020, 2021, and in the beginning of 2022, our country and the world were hit by a major medical and social evil – the pandemic of the deadly disease COVID-19. It led to a number of changes in the legal framework of various relations in all parts of law, but the most it affected private relations. The state had to intervene through different mechanisms to protect the rights of subjects of civil and commercial law. For the first time on the territory of our country a state of emergency was introduced by an act of the National Assembly. Deadlines were suspended, force majeure and economic frustration were applied, video conferencing was introduced in court proceedings. It is important for science to pay attention to the specific manifestations of these phenomena and to study their application in the justice. Although most of the processes are related to a past stage, they remain relevant, because the events of early 2022 portend turbulent and risky days, no less safe than the already ending pandemic. The dangerous epidemiological situation is being replaced by a worrying high-risk inflation situation fuelled by a military conflict. The red light is still on.
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Za privredno pravo se veže predrasuda koja kaže da EU institucije nijesu sposobne ni voljne da se bave crnogorskom privredom niti da se bore protiv „očuvanog crnogorskog monopola“ iz bivšeg komunističkog perioda. Međutim, privredno pravo Crne Gore je postiglo značajne rezultate u harmonizaciji sa acquis-em EU. Isto tako, acquis u ovoj oblasti sadrži jasna pravila o zahtjevima objavljivanja, formiranju, održavanju i promjeni kapitala, pripajanjima i podjelama, ponudama za preuzimanje i pravima akcionara, kao i principima korporativnog upravljanja.
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The main object of the present work is to make a short analize of the grounds and conditions for acquisition of own shares by a joint-stock company. The issue of the ban on the acquisition of own shares is also touched upon, paying particular attention to the interests of creditors and those of shareholders that may be affected. The various methods that the Bulgarian Commercial Law contains for the acquisition of own shares according to the statutory requirements are commented on, as well as the conditions for the acquisition of own shares according to Art. 187a, Para. 2 and Para. 4 of the Commercial Law, the conditions for redemption and the conditions for the redemption of shares with redemption privileges.
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The article emphasyses on the newly adopted Trademark and Geographical Restrictions Act and its reference to the Madrid Agreement as it relates to the international trademark registration. A brief summary of the agreement and the order in which the registration takes place is presented. Special attention is also paid to the Protocol on the Madrid Agreement on the International Trademark Registration. In conclusion, advantages for the Republic of Bulgaria from the ratification of Madrid Protocol are reported.
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The issue of the moratorium interest and late payment penalty was discussed througout the practice of Supreme (Cassation) Court of Republic of Bulgaria and those of the Arbitration Court at the Chamber of Commerce and Industry. The concept of “accumulation” is being clarified. The author draws attention to the “non bis in idem” principle.
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The article examines some of the new concepts in the Bulgarian Trademark and Geografical Indications Act (TGIA) from the perspective of EC law. The targets and structure of the First Directive of the Council of EC of December 21, 1988 for the convergence of the legislation of the member countries regarding trademarks, the Regulation of the Council on the Community Trademark, as well as the practice of ECJ are commented on. It is concluded that with the entry into force of the new TGIA, the international standards for the protection of industrial property will be adopted in the Bulgarian trademark law.
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Stock companies that are listed on the Bucharest Stock Exchange can rely on different forms of financing: bank loans, issue of corporate bonds, share capital increase by issuance of new shares. Each mechanism has its specific advantages and disadvantages, which are to be tested in a turbulent economic landscape, characterized by the rising inflation rate and the quantitative tightening process led by the central banks. Through this study we set out to examine in a comparative manner the above-mentioned possibilities, trying all the time to tackle the problem from both an economic and a legal perspective.
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Despite the fact that tax evasion has always been an interesting and repeatedly relevant economic and financial phenomenon, it has been insufficiently studied and researched in our theory and practice. At the foundation of tax avoidance (tax evasion) lies the taxpayer’s resistance to tax compliance and his intention to avoid any form of reduction of his disposable income. This is due to the fact that the tax represents a derivative public revenue that the country “takes away” from people who are subjected to its fiscal sovereignty without direct counter-service. If we start from the fact that paying taxes reduces the economic strength of the person who bears its burden, the human tendency towards tax evasion is quite understandable, provided that the extent to which the resistance to paying taxes will be manifested and realized depends on several factors, such as economic trends in the state, frequent changes in tax regulations and mentality of the people who are liable to pay taxes. In any case, tax evasion represents a serious and complex social problem that significantly undermines the economic and legal basis of society. It is a complex phenomenon that occurs both on the national and international level and causes serious consequences for the fiscal policy of the state, and the key reason for the occurrence of this phenomenon is most often found in the poorly developed economic system of the country with a loose mechanism that doesn’t ensure the implementation and observance of legal (especially tax) regulations. Tax evasion reduces the possibility for the state to cover the costs of using public goods, and from the tax payers’s point of view, it leads to an unequal and unfair distribution of tax liabilities, to an increase in tax rates and the resistance of taxpayers who, through tax avoidance, reduce thevolume of taxation and thereby create a vicious circle that is difficult to terminate. In addition, tax evasion is one of the main causes of stratification in our society, and with the spread of this phenomenon the strength and importance of economic justice and equality is being questioned, as well as political and economic efficiency. However, it is important to point out that not all actions of taxpayers which lead to a lower tax burden, or complete avoidance of paying taxes are sanctioned by criminal and misdemeanor norms, which is why in this paper, among other things, we will explain both illegal and legal tax evasion. Also, we will explain the criminal law significance of anti-abuse rules as legal measures that aim to reveal the behavior of taxpayers who have intentions to achieve illegal tax savings, and we will get acquainted with new international and domestic instruments in the fight against tax evasion.
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