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Today’s regional roundup: EU budget talks; Crimean TV under pressure; Washington plays nuclear war; changes to Kazakh rallies; and a shocking Czech documentary.
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The Article researches the interaction between the jurisdiction and the legislative power in Republic of Bulgaria in 2018. On the basis of investigation of concrete acts of the parliament and decisions of interpretation, issued by the General Assemble of the Civil and the Commercial Colleges the influence of the laws over the decisions of the Supreme Court of Justice and concrete decisions issued by the court are revealed and the influence of concrete cases over the development of law. The two powers of the state are fighting for predominance, in particular in the year of 2018 and in particular on the field of the civil and commercial law. In some directions the legislative power is stronger than the court, but in other directions the court predominates the parliament. The interaction ends in the final analysis with the victory of the court when it makes decision by a concrete case.
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In the last decade, the growing number of acts of terrorism that threaten world peace and security, as well as the fundamental values in every democratic society, in particular respect for fundamental human rights, have called for more active action by the international community in the struggle with terrorism. In this regard, the United Nations Security Council adopted a number of resolutions establishing sanctions regimes against the Islamic State of Iraq and Levant (IDES), Al-Qaida and the Taliban, and other individuals, groups, and related entities and suspected terrorist suspects. Despite the social purpose of these regimes, they created serious preconditions for violations of the human rights of the affected subjects, in particular the right to a fair trial, the right to an effective remedy, the right to property, the right of the persons concerned to be informed of the charges against them, the right to be heard and other procedural rights. This circumstance calls for reformsto be made to the arrangements inplace to ensure fundamental human rightsin the fight against terrorism.
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That article set itself the objective to consider the influence of the Supreme Court of interpretative practice at the Bulgarian legislation development. Have been analyzed processes leading to collisions between the Judicial System and Legislative System. There was presented cases, that they are leading to changes at legislation and have been examined there’s positive or negative impact effect.
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The article discusses the influence of the Supreme Court of Cassation practice over the Bulgarian legislation development. A subject of a detailed analysis is the jurisdiction of the Court, based on which the latter carries out its two main activities - judicial and interpretative. Further subject of analysis is the nature of judicial acts, laid down in this regard, as also their influence on our legislation from a theoretical point of view and via particular practice examples.
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The author emphasizes the contemporary significance of Roman law traditions. He points out that the idea of classification (divisio) of the Roman legal system originated in ancient Greek philosophical thinking. He also emphasizes that the classification or partition of ius civile is in no way related to the present-day classification of the legal order (system) into various ‘branches’ of law, particularly in civil law jurisdictions. Referring to a number of examples, the author proves that Roman law did not recognize a separation between public and private law as it is recognized today in many jurisdictions. He points out, in compliance with the thoughts of Azo, the ‘danger’ of this separation. The division is hardly able to provide any contribution to an adequate interpretation and development of law, since it evokes the possibility of the disintegration of the legal system.
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In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.
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This paper aims to study the factors that determine unemployment in the Arab world. The study utilizes the panel regression method for the time series period from 2000 to 2016. The study tested the impact of many variables on unemployment such as macroeconomics variables,educational variables, labour market variables and besides studying the impact of economic freedom and the financial crisis of 2008. The results show that economic freedom has negative and significant relationships with total unemployment, the male and female unemployment as well. The impact of 2008 financial crisis on total unemployment appeared to have no significant impact on total unemployment.
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News from around the bloc: a key suspect in the MH17 case; Babis and the European Parliament; dry season in Russia; the Serbian church in Montenegro; and defamation in Mongolia.
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The fostering tolerance problem in the modern world is becoming increasingly current in the context of globalization processes and the migration crisis. Following the need to cultivate tolerance in the younger generation, French modern education system aims to install the ‘values of the Republic’ as an element of public school programs. At the same time it turned out that most teachers are not sufficiently trained to carry out educational activities in the sphere of fostering tolerance. The education system reform carried out in 2013 made this training compulsory introducing the so-called ‘Common Core Program’ (Tronc Commun) to future teachers of all specialties. Within the program teachers deepen their knowledge in history, philosophy, law, sociology, pedagogy.
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Both the 1961 European Social Charter and its revised version of 1996 constitute international social and economic rights treaties ratified by the Member States of the Council of Europe. Together with the European Treaty for the Protection of Human Rights and Fundamental Freedoms, they are the cornerstones of the contractual system for the protection of human rights in the member countries of the Council of Europe. Moreover, these contracts have contributed significantly to the development of European human rights standards in the areas of personal management, labour law and social security law. Nevertheless, it receives minimal attention from legal theorists. This leads to problems in its interpretation in practice. Through scientific and doctrinal interpretation, authors examine the various provisions of the European Social Charter. They seek answers to practical application problems through scientific literature as well as the case-law of the European Court of Justice. The aim and result of the authors’ work is to examine individual documents, to compare them and analyse the differences. The aim of the authors' work is also to evaluate the impact of the case law of the European Court of Justice in connection with the implementation of the Charter into the legal order as well as application practice. The benefit of this article is also the analysis of the impact of the Charter on the rights of working women.
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The paper aims to evaluate the direct and indirect determinants of the system for administrative legal protection efficiency in the Republic of North Macedonia. For this purpose, the paper analyzes the legal and institutional framework of administrative authorities i.e. the second instance administrative commissions that act on the appeal against the decisions of the first instance administrative bodies, as well as the legal and institutional framework of the Administrative and Higher Administrative Court that provide administrative-judicial protection against administrative acts. The paper assesses internal efficiency determinants for three second instance state commissions that provide legal protection in administrative procedure in the country, independently, as well as the two administrative courts: staff (administrative staff, number of elected members of second instance commissions, number of judges), number of newly formed cases, number of resolved cases and number of unresolved cases at the end of a year.
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Regional headlines: animal rights in Poland; war of words in Belarus; military games in Eastern Europe; informal payments in Moldova; and Turkmenistan dusts off Parthian past.
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Regional headlines: Poland’s highest court bans most abortions; Albania to host anti-Semitism conference.
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The law of succession addresses the legal destiny of a person’s rights and duties after his death. Closely tied to the fundamental and peculiar features of Roman family and society, the law of succession presents vast difficulties for Roman lawyers because of its highly sophisticated nature and lack of systematic coherence. It is no coincidence that eleven out of fifty books in the Digest address the law of succession. The development of the law of succession reflects important social changes in Roman economic structures and value systems. It echoes the progression from an old Roman agrarian society to a new commercial one. From a technical legal perspective, the law of succession reveals the tension between civil law and praetorian law. Without formally altering the civil law, the praetor introduced fundamental adjustments to protect emancipated persons, blood relatives in the female line, and surviving spouses, among others.
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The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One of the measures introduced by the state was the possibility for the defendant to attend the main hearing via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper addresses the national legal framework under which trials are permitted and conducted via Skype during a state of emergency and relevant case law of the European Court of Human Rights.
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The text presents the results of a case study on how the journalistic investigation, known as the 'Eight Dwarfs', is covered by the most watched and trusted Bulgarian televisions BNT, bTV and Nova. The study aims to establish whether topics that are neglected by the institutions could find a place in the Bulgarian televisions` agenda. It has been found that the three media have applied different approaches to the topic, varying from relatively good coverage, through institutionally influenced coverage, to the lack of any coverage. Based on the results, conclusions are made about the agenda of Bulgarian television journalism and the factors that influence its formation.The text presents the results of a case study on how the journalistic investigation, known as the “Eight Dwarfs”, is covered by the most watched and trusted Bulgarian televisions BNT, bTV and Nova. The study aims to establish whether topics that are neglected by the institutions could find a place in the Bulgarian televisions` agenda. It has been found that the three media have applied different approaches to the topic, varying from relatively good coverage, through institutionally influenced coverage, to the lack of any coverage. Based on the results, conclusions are made about the agenda of Bulgarian television journalism and the factors that influence its formation.
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The subject of research in this article is the phenomenon of cyberbullying. The aim of the study is to show how the victim can bring his attacker to criminal liability. The most common types of cyberbullying, as well as statistics of identified crimes from individual articles of the Criminal, Civil, and Civil Code articles, were also discussed. In addition, the article is to indicate the problem of the inadequacy of the code provisions for new types of crime. The research methods used include the analysis of existing data. The article is an attempt to categorize forms of cyberbullying and to organize terminology. The article may be the basis for further detailed research on the phenomenon of cyberbullying.
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The article analyzes and evaluates the changes in Polish legal regulations in the field of medical examinations in sport as one of the most important aspects affecting the assurance of the safety of people practicing specific sports. Particular attention has been devoted to the assessment of modern solutions in the field of medical examinations, resulting from the evaluation process that has taken place in this matter over the last few decades. The considerations were supported by a comparative analysis of changes that took place in connection with activities aimed at minimizing the risk of potential health risk and even the life of an athlete practicing a specific sport. The author indicates how in particular periods of the second half of the 20th century and at the beginning of the 21st century regulations on medical examinations in sport were shaped. This is to create a holistic image whose analysis allows to assess in a systematic manner the positive impact of current legal solutions on the level of safety of athletes in the subject matter.
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In 2019 SIBI Publishing House issued two book collections of the interviews, public speeches, comments and other texts from the personal blog of the most prominent jurist Mr. Christian Takoff. His colleagues and friends – the lawyer Mr. Valentin Braykov, the journalist Ms. Rossitsa Mihova and the judge Mr. Kalin Kalpakchiev delivered speeches at the event, which the Law Journal publishes with their consent.
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