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The article examines the emergence of compulsory vaccination from a historical perspective. It distinguishes between recommended and compulsory vaccination. It discusses in detail the administrative legislation that provides for compulsory vaccination.
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The COVID-19 pandemic has changed the world dramatically. We will probably never see it again as it was before the appearance of the virus. We have all witnessed things that were very far away from us and have now become part of our daily lives. The virus has settled among us, and fear has settled in our hearts. We got used to hide in our homes or behind our masks, to avoid contacts, hugs. All happening around the virus started to excite me a lot from the first months of its appearance in Bulgaria together with the introduction of the state of emergency. I started asking myself different questions and looking for their answers. All topics around the coronavirus continue to be discussed until today – vaccines, restriction of fundamental rights, wearing personal protective equipment. With the research I did, I tried to answer some basic questions, referring to different regulations, as well as to give different points of view to practicing lawyers, opinions of the World Health Organization, as well as my own view.
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Thе paper discusses the administrative social right to vaccination in the context of European and Bulgarian administrative law. It examines the interaction between the rights to privacy, freedom of religion and the right to health according to their content in the European Convention on Human Rights, the Constitution of the Republic of Bulgaria and current legislation. Also, the paper comments on the case law of the European Court of Human Rights (ECtHR) on these rights in relation to health hypotheses, aiming to strike a balance between the individual rights of citizens and social rights important for society as a whole. In the light of the case law and legal framework, the paper discusses the extent to which interference with the scope of these rights is regulated by law, pursues a legitimate aim and is necessary in a democratic society.
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Although in the social discourse, men and women are characterized by values that are specific to modernity or postmodernity, however, the analysis of social data often shows that the process of evolution must be located rather at the intersection between tradition and modernity. Thus, the status of men and women is in the process of being reconstructed and this is not a comfortable stage, especially for men. Marital modernity requires, as a matter of priority, a re-evaluation of the role structure and gender relations in the direction of equity, and in this endeavor, the greatest challenge is felt by men, who have to relinquish the old advantages of their traditional status. In this respect, a first hypothesis would be to consider women as having the main role in stimulating this action, and men as being less motivated to give up, by their own accord, the advantages offered by the traditional marital framework. From another point of view, we rhetorically ask whether women are ready for this challenge and to what extent the social context becomes supportive in this transition of role and gender relations.The study aims to make an analysis of gender and marital role relations, in order to identify the challenges of functionality in the contemporary transitional couple.
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The aim of this text is to analyse how the law distinguishes between public and private space, considering the physical space. The paper will focus on places that are located on the border between private and public space. Subsequently, it will be evaluated whether such a distinction is useful at a time when people are almost constantly under the scrutiny of modern technologies . With their use, the question of conflict with the right to privacy and the protection of personal data inevitably arises.
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The report analyzes the pension legislation and the current specific regime of pension insurance in relation to those employed in the school education system and the main changes in the legislation for the acquisition of pension rights by pedagogical specialists. Emphasis is placed on the functioning and development of the teachers' pension fund as the first occupational pension fund in Bulgaria. The changes in the age structure of the employees in the school education system and their compliance with the changes in the specific regime of pension insurance are analyzed. The assessment of the changes in the pension rights of the pedagogical specialists is also made in the aspect of their compliance with the main European priorities in the pension insurance and with the most important directions of the implemented pension reforms.
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The peculiarities of the diplomatic lexicon are clearly visible when tracing them in the individual documents (annex, contracts, laws) created by the state administration, which are used after the Liberation of Bulgaria. The tracking the diplomatic lexicon contained in two types of documents - a treaty and an annex, issued in the same year and which regulate the relations between two countries. That is essential to establish both origin and specificity. The article follows the trends in usage of terms and finds categories grouped by the vocabulary appearing in two treaties and one annex.
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Public administration undergoes constant changes in its basic forms of functioning and ongoing organisational structures. The introduced changes result from the necessity of adjusting to changes of scene and realized reforms of regime, which, next to changes in the public administration, concern the whole structure of a given state. The most important regime changes which are also connected with the structure of the public administration include changes in the territorial division of that state. The changes in this area result from social, economic and demographic changes, they are also very often dictated by a change in the legislator’s vision regarding the holistic system of managing public matters and the performance of public tasks. Nowadays, these traditional criteria are overlapped with dependencies resulting from computerisation processes that influence the application of administrative and legal regulations and the forms of the performance of public tasks. The processes also concern the forms of contact and information flow between citizens and public entities. The management of a high level of computerisation in the area of administration processes, as observed in Estonia, allows for making the organisational structures of the state and public administration real while preserving, or even enhancing, the standards of the availability of public provisions and the performance of public tasks.
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The aim of the article is to analyse source materials related to the functioning of the Chair of Administration Science and Administrative Law at the University of Poznań. The study discusses the problems experienced by the then-contemporary scientific and lecturing staff, and also characterised the atypical structure of the Faculty of Law and Economics, as composed of the sections of state law and economy. The organization of the chairs of administrative law at the University of Poznań was separated and their main research and development directions and the most important representatives were indicated. The article broadly discusses the issue of teaching administrative law in comparison to other chairs of the University of Poznań, so that the conclusions give the best possible image of the discussed subject.
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The subject of this paper are those factual states that occurred on the basis of the agrarian reform decree and concerned the unlawful seizure by the State of palace-park complexes. It was only after the collapse of real socialism in 1989 that the owners or their legal successors obtained an annulment of the decision to seize the property. However, this was, and is, only the beginning of the struggle, as the State Treasury or its legal successors are claiming before the common courts the acquisitive prescription of the property being the subject to the recovery claim. The divergence of at least 20 years in jurisprudence as to the date of commencement of the period required for acquisitive prescription (1980–1991) is an undesirable phenomenon, requiring the adoption of a coherent approach of the courts. Consequently, the authors of this text represent the view that the period of validity of both the Agrarian Reform Decree and the subsequent legal acts, with particular emphasis on the period of validity of the Decree of 1945 (Journal of Laws no. 28, item 321) and then Article 9 (16) of the Act of 1958 excluded the course of the acquisitive prescription in favour of the State Treasury of the agricultural and forestry properties unlawfully seized by the State. This period lasted until 31 December 1991, i.e. until the final date when Article 9 (16) was in force.
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Europe’s vision for 2030 relies on the impact of European and international actors’ policies on European local and regional governments while strengthening their local autonomy with a view to make it evolve their role and, why not, saving the European project. Local governments are the most able to exercise much more powers over their territories and to take responsibility for their execution; as for the Nation-State, it must be more focused on its roles as controller and evaluator of the local public action. In addition, local and regional governments can provide the necessary solutions that Nation-States cannot solve alone; to save money those international institutions impose. In order to solve the challenges of our time, a special attention is paid to state reform, the status of local public officials (dealing with issues related to basic public services) and the evaluation of the local public action by fighting against the formulas of the privatization of public action, while promoting, but framing them, the public-private partnerships.
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The Hungarian administrative law has been significantly impacted by the COVID-19 pandemic. Several rules – which were introduced during the state of danger based on the epidemic situation – have been incorporated into the Hungarian legal system. The administrative procedural law has been influenced by the epidemic transformation. However, the rules on e-administration have not been reformed significantly (due to the digitalisation reforms of the last years), but the rules on administrative licenses and permissions have been amended. The priority of the general Code on Administrative Procedure has been weakened: a new, simplified procedure and regime have been introduced. The results of these reforms became obvious in 2021: the number of administrative cases has been decreased. Even the decision-making of the central government bodies has been transformed partially, a trend of “militarisation” can be observed, as well. The local self-governance has been impacted by the reforms. The transformation has had two opposite trends. On the one hand, the Hungarian administrative system became more centralised during the last year: municipal revenues and task performance have been partly centralised. The Hungarian municipal system has been concentrated, as well. On the other hand, the municipalities could be interpreted as a “trash can” of the Hungarian public administration: they received new, mainly unpopular competences on the restrictions related to the pandemic. This approach transformed in the last months, and even several unpopular decisions were recentralised. Although, these changes have been related to the current epidemic situation, but it seems, that the “legislative background” of the pandemic offered an opportunity to the central government to pass significant and reforms.
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In 2018, there was a reform of higher education in Poland. One of the effects of this reform was the modification of the requirements for awarding the degree of habilitated doctor (doktor habilitowany). The article aims to answer the question of what specific conditions must be met in order to obtain a postdoctoral degree under the current law. The article fills a gap in the science of law, since no comprehensive study has been devoted to this topic. The author presents conclusions based on an analysis of the legal status, and of the views expressed in the science of law and in judicial decisions. Consideration is also given to the purposes of the reform related to habilitation, and those included in the justification to the draft Act on Higher Education and Science, as well as the clarification of the requirements indicated by the Council for Scientific Excellence – the assembly and public administration body supervising the awarding of habilitation in Poland. In the analyses, the author used the dogmatic-legal method, the hermeneutic method, and the argumentative method. In the conclusion, the specific prerequisites that must be met in order to obtain a postdoctoral degree under the current law are indicated, namely: possession of a doctoral degree in science, possession of a scientific or artistic achievement that represents a significant contribution to the development of a specific discipline, and the demonstration of significant scientific or artistic activity carried out in more than one university, scientific institution or cultural institution, especially outside of Poland. In addition to the specific prerequisites, it is necessary to bear in mind the need to meet the general prerequisites, which are beyond the scope of this study.
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Anul 2021 a fost un an special având în vedere că activitatea instituţiei s-a desfășurat aproape exclusiv on-line, din cauza efectelor pandemiei de COVID-19 şi a necesității implementării unor măsuri de siguranţă pentru sănătatea colectivului din cadrul Consiliului Legislativ. Activitatea desfăşurată de Consiliul Legislativ este susținută de un microcomplex logistic și uman, format din informaticieni și profesioniști în domeniul IT, care s-a dezvoltat de-a lungul timpului proporțional cu provocările specifice. [...]
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In this article some features of the Cape Town Convention security interest were juxtaposed with some features of the Polish registered pledge. The aim of such research was to answer the question which of these two instruments is better adjusted to the COVID-19 economy. On the basis of such analysis, a conclusion was made that the Cape Town Convention security interest constitutes a more flexible security right and therefore one which is better adjusted to the COVID-19 economy. In the opinion of the author, the Cape Town Convention security interest shall constitute the direction in which the Polish security rights, especially in B2B relations, should go. The research was based on an analysis of the laws in force and a comparative analysis.
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The Supreme Administrative Court in the judgment discussed raised an important issue of the duration of a tax inspection at a microenterprise. The judgment clearly states that the tax authorities may not conduct such inspections that exceed the statutory time limits. Thus, the duration of an inspection with a taxpayer who is a microenterprise may not go over 12 working days consecutively. The inspection activities should be carried out in a continuous system. The duration of a tax inspection should also include the time when the inspectors are not actually present at the inspection site. An analysis of the law in force was carried out in preparing this commentary.
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The devaluation of the principle of publicity of the judicial process comes as a result of the imposed negative tendency to limit the number of persons present in the courtroom. It is a guiding constitutional rule that the trial of cases in all courts shall be public, except where otherwise provided by law. As an exception to the principle, the publicity of the judicial process can be limited only for reasons specified in the procedural laws. Judicial voluntarism and deviation from this principle is inadmissible.
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Currently there is a need of serious perusal of the dimensions and harmful results from Abuse of Power, as well from possible measures against it.
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This article constitutes a study dedicated to the specialized central public administration in various countries. The purpose of this article is to analyze the constitutional and legal rules of contemporary States relating to ministerial and extra-ministerial administration. The trends of development of the ministerial system are analyzed, as well as the basic factors determining the number of ministries, the organization and functioning of these public authorities. In addition, the principles of organizing the specialized central authorities and some of their specific features are examined.
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