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Razvoj ljudskih prava u Bosni i Hercegovini nemoguće je pratiti van konteksta države u čijem je sastavu bila, bivše Jugoslavije i okruženja u kojem se ona trenutno nalazi; događajima kroz koje je prošla i utjecajima iz vana. U tom smislu, nemoguće je analizirati prava seksualnih i rodnih manjina bez ovih okvira koji su postavljeni jer su ti faktori neminovno utjecali na stvaranje, kršenje, borbu ili ostvarivanje prava seksualnih i rodnih manjina.
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Položaj i status LGBT osoba u bosanskohercegovačkom društvu sa aspekta demokracije i ljudskih prava moguće je ocijeniti kao izrazito zabrinjavajući, na što upozoravaju brojne nevladine organizacije, relevantni međunarodni akteri, pojedini mediji kao i određeni dio akademske zajednice. U prilog takvoj tvrdnji govori i godišnji izvještaj Internacionalne lezbijske, gej, biseksualne, transeksualne i interseksualne asocijacije (ILGA-Europe) Rainbow Europe Index 2011, gdje je na skali poštivanja LGBT ljudskih prava od -7 (najniža razina poštivanja LGBT ljudskih prava) do 17 (najviša razina poštivanja LGBT ljudskih prava), stanje u Bosni i Hercegovini okarakterizirano brojem 1, dakle kao stanje vrlo niske razine tolerantnosti i poštivanja LGBT ljudskih prava.
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Za potrebe studije primijenjena je neprobabilistička metodauzorkovanja, čiji se kriterij temeljio na relevantnosti sugovornika_ca uodnosu na specifične ciljeve istraživanja (tzv. namjerni uzorak).
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This Chapter’s main purpose is to outline and present the basic features of some of the most fundamental legal concepts. It starts by offering a definition of Law and distinguishing it from other similar social phenomena and then attempts to draw up a simple mind map of various legal notions and their theoretical and practical manifestations.
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The contract is the most important source of rights and obligations in the field of civil law. It is a legally binding agreement that may be enforced by law in case of breach. The parties are free to negotiate and conclude a contract that meets their interest as the process of conclusion includes an offer and acceptance. The parties must negotiate in good faith as they are not obliged to accept the offer but once the agreement is concluded it is binding for them and cannot be amended or terminated unilaterally unless the law or the contract provides otherwise. Most of the contracts are informal and can be concluded orally without written document or notary certification. However, in certain cases the law provides for a specific form of the agreement and if it is not met the contract is invalid. We also have real contracts where in addition to the agreement, delivery of an item is required.
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Following conclusion of an agreement the parties must execute their obligations accurately and in good faith according to the provisions of the contract and the legal rules concerning the time of performance, place of performance, etc. In case of breach, the creditor has various remedies at his or her disposal – to claim performance plus damages for the delay, to claim compensation for non-performance, to terminate the contract (rescission), to withhold his or her own performance until he receives counter-performance in a bilateral contract and so on. When the debtor is in default, the creditor may claim pecuniary and non-pecuniary damages if suffered, or liquidated damages if stipulated in the contract. In the case of delayed monetary obligations, legal interest will accrue. The creditor is also obliged to act in good faith and cooperate in the execution of the obligation, if not mora creditoris occurs.
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This chapter deals with various grounds on which a contract or other juridical act may be void or voidable and provides a brief overview of the general rules of invalidity of contracts in Bulgarian law. Special attention is paid to the vices of consent and some of their legal effects, as well as to the few ‘means’ provided in the law, allowing to ‘save’ a void or voidable contract from the consequences of invalidity, primarily by conversion, performance, ratification and partial invalidity. Beyond the scope of this chapter are some other effects of invalidity of contracts such as the possibility of obtaining damages whether or not the contract is voided, of converting an invalid act into a valid one or of ratifying voidable contracts, which are briefly mentioned at the end of this exhibition. Problems concerning restitution because of the invalidity of juridical acts are also beyond the boundaries of the present report and are outlined only in general terms.
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Securities serve to guarantee the performance of monetary or non-monetary obligations (contractual or extra-contractual). Depending on the way the interests of the creditor are guaranteed, securities can be personal – another person is liable to the creditor together with the debtor (surety, joint and several liability, bank guarantee), and real – the obligation is guaranteed with a particular movable (pledge) or immovable (mortgage) asset. Pledged property will be delivered to the creditor by general rule, although there are also registered pledges that are established without providing possession of the pledged property, but through the conclusion of a formal contract and its registration in the Central Pledge Register or into another register provided by law. A mortgage is established upon contract conclusion in the form of a notary deed and its entry in the Property register.
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This chapter presents the legislation and basic concepts related to the budgetary process in Bulgaria. The main stages associated with the approval of the state budget in Bulgaria are analysed. The budget process is a phased process where the different stages are: drawing up of the draft budget, adoption, implementation, and approval of the report on implementation of the State Budget. The main elements related to each of the stages of the budget process are presented. The timeframe of the process is summarised. The chapter also provides a characterization of all parties involved in the process. The essence of the budgeting programme is also presented. The role and significance of the Fiscal Council of Bulgaria are highlighted, along with the commitments that the Council has in relation to the budgetary process.
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The legislation of the European Union (EU) is a complex system that encompasses a wide range of legal acts and regulations. The EU legislative process involves several institutions, and the laws adopted at EU level are binding on all member states. The purpose of this chapter is to present an analysis of the legislative framework of the budgetary process at European Union level. Issues related to key principles of the EU, the Multiannual financial framework and the Annual budget of the EU as well as the 2021–2027 long-term EU budget and the next generation instruments for EU recovery are also analysed.
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This chapter introduces the concept of sustainable finance and its underlying principles adopted by financial institutions and investors. The exploration encompasses international and European Union initiatives aiming to establish a standardised framework for sustainable finance. Strategic regulations, such the Taxonomy for sustainable activities applied in the European Union and its member states, are reviewed as well. Learning to navigate through core tenets, regulations and sustainable finance instruments provides a comprehensive understanding of the risks and opportunities associated with fostering sustainability within the financial sector.
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This chapter presents the key aspects of financial control and audit in the public sector. ‘Financial Control’, ‘Supervision’ and ‘Audit’ are presented within the fourth component of the subject of legal regulation of Financial Law, stemming from their nature and legal regulation in positive law.
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This chapter presents the key aspects of protection of the financial interests of the European Union, including the relevant legal and institutional framework, theory and practice of irregularities and financial corrections, issues related to implementation of the Recovery and Resilience Facility, rule of law and the management of EU Funds
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This chapter presents information on the overall process of public procurement (forecasting, planning, preparation, procurement and appeals), not claiming to be exhaustive and comprehensive, but aiming to present the norms in action and provide an idea of how the abstract rules for procurement manifest in practice, what challenges and what paths are considered to be in line with the law by contracting authorities, who are called upon to protect legal order in the spending of public funds. It must be noted that skills, and not so much knowledge itself, can make the difference in overcoming the challenges that may be faced by those professionally involved in procurement matters. This in turn can result in increased personal expertise and, more broadly, to meeting the objective of lawful but efficient use of public resources.
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This chapter presents the key aspects of the Bulgarian path towards the eurozone. Article 140 of the c (TFEU), one of the two treaties establishing the constitutional basis of the European Union, sets out the convergence criteria to be met prior to euro adoption. The latter include the criterion for price stability, the criterion on a sustainable government financial position, criterion on exchange rate levels and criterion on long-term interest-rate levels. Moreover, the compatibility of national legislation with EU law, including the statutes of national central banks, also needs to be examined. The fulfilment of these conditions is assessed every two years or at a request of a member state, as the EC and the ECB issue convergence reports. The process of transition to the third stage of the economic and monetary union includes joining Exchange Rate Mechanism II, the attainment of the respective post-commitments, the establishment of a Coordination Council for preparation of Bulgaria for eurozone membership, the elaboration of a National Euro Changeover Plan, the drafting and adoption of an Act to regulate the adoption of the euro in the Republic of Bulgaria and other important activities related to the process of preparation for eurozone membership.
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The circular economy is a sustainable alternative that aims at economic growth and environmental protection at the same time. Its model attempts to extend the life cycle of products. In practice, this means sharing, borrowing, reusing, repairing and recycling existing materials and products for as long as possible. When a product reaches the end of its life, the materials that make it up continue to have other uses. This can be repeated over and over again, thus minimising waste disposal. The increasing consumption of resources and the environmental consequences it causes require a change in the economic model. The concept of a circular economy is part of this change. Its notion is built in opposition to the traditional linear model, where raw materials are used to make things and products which are then consumed and the leftovers thrown away. This model relies on large quantities of cheap and available materials and energy sources.
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This chapter examines the growing role of the Cohesion policy of the European Union and its evolvement from a redistribution mechanism in the 1980’s to the main investment policy of the Union 20 years later. Special attention is paid to its ability to cope with multiple crises and to the dynamics in its delivery mechanisms in a shared management context – the change in the rationale from alternative use between grants and financial instruments (FI) to their combination. The main focus of the chapter is the proposed combination of financial instruments (FI) with grants, allowed under Article 58(5) of the Common Provisions Regulation 2021/1060, and its potential implications for the 2021–27 programming period. Is this a step backward or a breakthrough moment for the deployment of FI under the Cohesion policy, having in mind its new digital and green dimensions?
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This chapter examines the legal phenomenon of ‘green claims’, ‘sustainability-related claims’ and greenwashing as phenomena emerging in the transition to a sustainable economy. The analysis identifies the key role of sustainable finance in the green transition in the context of greenwashing risks. The chapter also reviews the Taxonomy-eligibility assessment. It examines the legal framework regulating green claims, ‘sustainability‐related claims’, ‘sustainability-related disclosures’ and greenwashing, as well as legislative initiatives. It also provides a high-level review of the criteria for sustainable financing in the real estate sector.
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This chapter presents in a nutshell some issues of criminal law. The basic concepts, institutes, individual types of crimes and criminal proceedings are presented based on the legislation in force. Criminal law is presented as a branch of the Bulgarian legal system.
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The present chapter presents current trends in the field of the advancement of artificial intelligence (AI). AI poses unprecedented legal challenges, necessitating proactive regulatory intervention. This chapter analyses AI regulation trends, emphasising the crucial need for robust ethical standards, transparency, and accountability frameworks in AI development and utilisation. By integrating legal principles, historical trends, research, and technical aspects, the analysis advocates for comprehensive regulatory systems capable of effectively addressing AI-related challenges while fostering innovation and public welfare in the digital age. The European Union’s proactive approach to AI governance is also reviewed.
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