Отново за мълчаливите административни актове

Author(s): Valeri Radanov / Language(s): Bulgarian Issue: 4/2011

The article analyses the pros and cons of tacit administrative acts. A conclusion is made that these acts are more advantageous to the administration than to the persons they concern. In order to overcome this legal situation, amendments to the current legislation or changes of its interpretation are suggested, as follows: 1. tacit administrative should be treated as unlawful because the requirements related to the form of the act have not been observed; 2. the appeal against such acts should not be restricted in time. The article discusses also the possibility to repeal the regulation of tacit administrative acts or to limit their effect within the framework of some special laws.

Административноправни аспекти на публично-частното партньорство

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 2/2011

Правомощия на областния управител според Закона за администрацията и устройствения правилник на областните администрации

Author(s): Dilyana Kalinova / Language(s): Bulgarian Issue: 2/2011

Оспорването на административни актове по административен ред

Author(s): Vassil Krumov Petrov,Maria Slavova / Language(s): Bulgarian Issue: 5/2010

The article focuses on major substantive and procedural aspects of the administrative review of the administrative acts and offers some ideas on matters not covered by the doctrine under the Administrative Procedure Code. As a necessary addition to the examination of this institution some problems of related institutions such as administrative supervision over local government and administrative justice, carried out by administrative tribunals, are discussed. In addition, proposals de lege ferenda for the improvement of the current legislation on the issue are made and topics for future discussion are raised.

Финансиране на обществените електронни медии според практиката на Европейската комисия и Съда на ЕС

Author(s): Nelly Ognyanova / Language(s): Bulgarian Issue: 5/2010

The article discusses the legal framework for funding of public service broadcasting in the EU, mainly the Communication from the Commission on the application of State aid rules to public service broadcasting (2009), its application and the practice of the Court of Justice. Criteria that should be fulfilled in the reform of public service media in Bulgaria have been analyzed.

Използване на обектите на културното наследство в музейните колекции, архивите и библиотеките чрез средствата на дигиталните технологии

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 5/2010

Същност и характеристика на мерките по чл. 33 от Закона за предотвратяване и разкриване на конфликт на интереси

Author(s): Nikolay Nikolov / Language(s): Bulgarian Issue: 4/2010

The Law on Prevention and Detection of Conflict of Interests has two main goals - the establishment of a mechanism for the prevention of conflict of interests and the identification and punishment of violations of the substantive provisions that regulate the conflict of interests. This law addresses a topic which is new for Bulgaria, and has an almost entirely administrative character. The article presents the general characteristics and classification of the measures under Article 33. It is argued that they belong to the category of coercive administrative measures, as defined in the general administrative theory. In line with this, a distinction between the measures stipulated in Article 33 and the administrative penalties is outlined. The article provides an analysis of each of the four measures under Art. 33 of the Law, that is, dismissal, withdrawal of salary in the period of conflict of interests, withdrawal of proceeds obtained as a result of conflict, and notification of enacted regulations on the website of the relevant institution.

Принудителното изпълнение на незаместими задължения по Административнопроцесуалния кодекс

Author(s): Vassil Krumov Petrov / Language(s): Bulgarian Issue: 3/2010

DOES THE ONLINE FACILITATE THE RIGHT TO PETITION OR RAISE NEW ISSUES?

Author(s): ANDRADA ILIE,George-Marius Ţical / Language(s): English Issue: XIV/2020

What happens to an electronic petition from the moment it is put online, in other words once the appeal has been drafted by its initiators, then supported, legitimized and possibly modified by the personalities who have agreed to be leaders? the first signatories and, finally, that the site that hosts it is accessible to everyone? This question is neither really new nor is it really addressed in its multiple dimensions by various legal experts. All the more so as the petition is often approached as a subsidiary question in relation to other objects that comprise it, such as their mobilizations and media coverage, public debate or commitment.

EUROPEAN MODEL OF PUBLIC ADMINISTRATION REFORM – RELEVANT LESSONS FOR SERBIA

Author(s): Gordana Gasmi,Dragan Prlja,Drazen Cerovic / Language(s): English Issue: 2/2020

Public administration reform (PAR) is achievable on Serbia’s road to full EU membership in line with European model, which assumes efficacy and better public service for all citizens. Although European Union does not have explicit competencies in the field of public administration, European model of PAR is defined in European administrative space (EAS) and in European principles, which derive from international standards and requirements, as well as from good practices in the EU Member States and the Organization for Economic Cooperation and Development (OECD). Candidate countries should ensure compliance with the European principles of PAR. Serbia, as a candidate country is in the official process of the accession to the EU, where the PAR is one of important criteria of national institutional adaptability to effective functioning of public services in line with European standards and principles. Furthermore, PAR is intertwined with the rule of law and democratic principles of good governance, which are the EU essential accession criteria. The process of Europeanisation of public administration in Serbia is underway. The paper is focused on relevant lessons of this process for Serbia and one of conclusions is that PAR is a continuous process in accordance with the requirements of the economy and the citizens’ needs.

Quelques points concernant la relation entre les normes juridiques et les normes éthiques dans la vie universitaire roumaine

Author(s): Cătălin Constantinescu-Mărunțel / Language(s): French Issue: 1/2021

In this paper we are beginning our research by underlining the essential characteristics of a legal norm, particularly those that one does not find in the case of other types of norms. Thereafter, we are examining the mechanisms employed by a legal system which allow the cohabitation and the collaboration between the two species that we are addressing: the legal norms and the ethical norms. In order to have a complete overview of the matter, we are utilising a few comparisons, relying on similar examples from other fields of study. We are researching under which conditions one may employ legal sanctions in cases where an ethical norm has been violated. These being covered, we can continue by analysing the ethical (or deontological) codes used by the Romanian universities. For reasons of conciseness, we are limiting our scope to the documents adopted by the University of Bucharest. This can be done as this organisation functions on the basis of a legal and ethical normative architecture which is representative for the Romanian academic environment. In place of conclusions, we are making a few proposals for the improvement of these codes. We are hoping that we are thus contributing to the evolving ethical culture in the Romanian universities.

Digitization of public administration. Romania of the 21st century

Author(s): Mihai Iftimiei / Language(s): Romanian Issue: 1/2021

The process of digitization in general, namely digitization of public administration in particular, is one of the priorities of the European Commission, for a few years now, a concrete aspect in the existence of two European strategies for implementing digitalization. The whole process tends to create new concepts, such as e-governance or smart city. In the statistics given to the public by the European Commission (the most recent dating from October 2019), Romania occupies the last place in the degree of implementation of the digitization, paradoxical aspect given the leading position regarding the speed of surfing the internet and the degree of area coverage. The present study proposes to identify the progress that Romania is making in this regard, as we want to identify solutions to accelerate the digitization process in the Romanian public administration.

Izvori upravnog prava u Crnoj Gori

Author(s): Stevan Lilić / Language(s): Serbian Issue: 1/2019

Sources of administrative law have some specific features, being numerous, diverse and prone to change. Although there are no principle differences between sources of administrative law and other branches of law, sources of administrative law have same quantitative features such as having a large number of by-laws, while sources of other branches of law are usually found in statutes. The subject matter of administrative law differs from other “leading” branches of law as it is regulated by a large number of statues and by-laws and is not contained in unified codes. Contemporary administrative law is not characterized by the lack of legal sources, but rather by the abundance and diversity of sources. Also, sources of administrative law have a rather short “life span” as the are frequently amended. As the sources of law, including the sources of administrative law cannot be established in a unified manner for all legal orders, sources of administrative law must be classified according to the specific legislation for each country. In Montenegro sources of administrative law are only general legal acts (statutes, executive orders and other sub-statutory general legal acts of government authorities), while other legal systems also include court case law (precedents), although individual legal acts, as valid sources of law. A specific source of law will also be a source of administrative law if it contains legal norms which regulate the organization, functioning and control of the administration. However, some legal acts are sources of administrative law in toto, while other legal acts are sources of administrative law in part, i.e. only in the part that refers to the administration.

Glosa do Wyroku Naczelnego Sądu Administracyjnego z dnia 5 lutego 2020 r., sygn. akt I OSK 3614/18

Author(s): Anna Korzeniewska-Lasota / Language(s): English,Polish Issue: 2/2021

In its judgment of 5 February 2020 (Case I OSK 3614/18) the Supreme Administrative Court found that the rights of a person who left property on territories belonging to the Republic of Poland before 1945 pass to his or her heirs. The judgment under review concerns the important issue of inheritance of the right to so-called Bug River compensation and the related requirement for heirs to prove that their testator left property in the former eastern voivodeships of the interwar Polish Republic. The heir must prove that the testator, at the time of his death, fulfilled all the conditions entitling him to obtain a decision confirming his right to Bug River compensation, in particular that he was the owner of such property, which he was subsequently forced to leave behind.

NORTH ATLANTIC TREATY ORGANIZATION

Author(s): Nail Isufi / Language(s): English Issue: 12/2019

The International organizations generally differ regarding their extent of action. In this regard, it is important to mention the international organizations such as the North Atlantic Treaty Organization, NATO is. The North Atlantic Treaty Organization was created during the Cold War period in order to prevent the communist danger of the time, respectively to prevent the progress of socialism. So, the North Atlantic Treaty Organization, as a political-military organization aims to avoid the risk of communist aggression based on this organization, which at the same time insists in preserving the peace, security and stability of in Europe. Under the treaty, all member states have expressed their belief in the purposes and principles of the United Nations Charter and have repeated their desire to live in peace with all nations and governments and have expressed a desire to preserve freedom of their people, common life, and civilization, based on the principles of democracy, individual freedom and rule of law. Based on this, it is important that all member states of this organization are obliged to solve all disputes peacefully, according to the rules of the United Nations Charter. In relation with other international organizations, NATO is a military and political organization, which has passed several phases of its transformation, which the last phase is its return from its foundation. Today NATO is an alliance that consists of 29 member states, which means that it will continue with the enlargement, by joining new states that want to become new members of the alliance.

Полезен, интересен и дискусионен труд — „Процесът по ЗАНН“

Author(s): Doncho Hrusanov / Language(s): Bulgarian Issue: 6/2009

Последващ контрол на декларирането по чл. 84 и сл. от Закона за митниците

Author(s): Atanas Simeonov / Language(s): Bulgarian Issue: 5/2009

The customs authorities may amend the customs declaration after release of the goods, on their own initiative or at the request of the declarant. Where the revision of the declaration or a post-clearance examination indicate that the provisions regulating the respective customs procedure have been applied on the basis of incorrect or incomplete information, the customs authorities shall take the necessary measures to regularize the situation, in accordance with the existing regulations and the new information available to them. There are two different ways for customs authorities to control the contents the declaration — revision or post-clearance examination of the declaration. The article aims to outline the difference between these forms of subsequent control and thus facilitate their practical implementation.

Достъп до радио- и телевизионни програми

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2009

The access to radio and television programs includes the right of access to the production of programs and the right of access to the content and broadcasting of programs. The right of access to the production of radio and television programs means that operators must ensure certain percentage of their programs to be allocated for European and external productions. In the area of public electronic media the right of access to the content means that the public operators shall receive financial support for creating and performing national audio and audio-visual production. The broadcasting of programs allows the public to have access to services under the rules “Must carry” (rules for mandatory transfer of programs). The technical means for broadcasting programs under the rules of mandatory transfer of content ensure opportunities for terrestrial broadcasting, as well as for broadcasting through cable, satellite or other media platforms (Internet or mobile operators). The access to radio and television content is ensured through measures for attracting new listeners and viewers to the communication process.

Правото на достъп до класифицирана информация — съдържание и съдебна практика

Author(s): Nevin Feti / Language(s): Bulgarian Issue: 1/2009

The article attempts to characterise the right of access to classified information. A distinction is made between the right of access and the statements issued after the end of the vetting procedure. The peculiarities of the access to classified information on legal cases have been examined, while focus is given to the distinction of the positions that are authorised with access to classified information by right, or after conducted vetting procedure. The specifics of the training for how to deal with classified information and to apply the “need to know” principle have been considered. Suggestions de lege ferenda have been made aimed at the overcoming of the current problems in the process of exercising the discussed right.

Нормативните актове на общинските съвети

Author(s): Vanya Valkadinova / Language(s): Bulgarian Issue: 4/2008

The article is focused on the normative acts issued by the municipal councils. These acts have a particular significance as legal regulators of public relations in the municipal self-government process. This study deals with the following issues: the problems referring to the concept of a normative administrative act; some special features of the municipal administrative acts; the regulations and instructions as normative acts under the Law on Normative Acts and the Administrative Proceedings Code. The aim of the analysis is to set forth some common similarities and differences which would give the opportunity to assess the advantages and disadvantages of different approaches to the discussed problems.