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Презгранична несъстоятелност – основни проблеми и някои предложения de lege ferenda с оглед на Модела-закон на УНСИТРАЛ за презграничната несъстоятелност

Author(s): Grigor Naydenov Grigorov / Language(s): Bulgarian Issue: 4/2015

The article analyses the cross-border consequences of an insolvency procedure. It is focused mainly on the legal rules concerning recognition of a foreign authority decision for opening of an insolvency procedure and its consequences on the territory of Bulgarian. Some insufficiency in the legislation arе highlighted with a view to the special features of the cross-border insolvency qualified as a civil case with international elements. Proposals de lege ferenda are made in the light of the UNCITRAL Model Law on Cross-Border Insolvency.

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Административният договор за предоставяне на безвъзмездна финансова помощ съгласно проекта на Закон за управление на средствата от европейските структурни и инвестиционни фондове

Author(s): Maria Kazandzhieva / Language(s): Bulgarian Issue: 4/2015

REVIEW OF LEGISLATION

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Право на оспорване на нормативните актове на общинския съвет

Author(s): Konstantin Grigorov / Language(s): Bulgarian Issue: XIV/2016

This report describes the regulations issued by the municipal council. A brief analysis is done of the concept for legal interest in contesting these acts, and the subjects having the authority to litigate the regulations issued by the municipal councils.

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Перспективи за развитие на електронното управление в общинската администрация

Author(s): Mariyana Anastasova-Tumbakova / Language(s): Bulgarian Issue: XIV/2016

The e-administration is the administration in electronic environment of legal relations, administrative procedures, user services. The report analyses the use of informational, statistical and mathematical models and methods of data processing, information and knowledge handling which ensure much higher level of administration efficiency.

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Struktura tranzicione pravde

Author(s): Jon Elster / Language(s): English,Serbian Issue: 1-4/2006

To compare and explain cases of transitional justice , we must first define the comparanda and explananda . This is the purpose of the present chapter.

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Dileme tranzicione pravde

Author(s): Neil J. Kritz / Language(s): English,Serbian Issue: 1-4/2006

In March 1992 , some fifty participants from twenty -one countries gathered in Salzburg , Austria for a two -day conference organized by the New York - based Charter Seventy - Seven Foundation .

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Priča o dvama sustavima

Author(s): Rachel S. Taylor / Language(s): English,Serbian Issue: 1-4/2006

If Slobodan Milosevic were being tried in a United States court, the current debate about his right to defend himself would simply not be taking place.

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Dokumenti

Author(s): Author Not Specified / Language(s): English,Serbian Issue: 1-4/2006

INTERNATIONAL SEMINAR Transitional Justice in the Former Yugoslavia Belgrade (SIM ) / Zagreb (Croatia ) (26 - 30 December 2004) International Seminar (Second Session) Ethics of Honesty: The Role of Justice in Transition INTERNATIONAL SEMINAR Belgrade (SCG ) / Zagreb (Croatia ) (20 - 25 March 2005) Transitional Justice, History and War INTERNATIONAL SEMINAR Transitional Justice in the Former Yugoslavia Belgrade (SCG ) / Sarajevo (B&H ) MORAL APPROACH TO GENOCIDE: Beyond Ghettoization of Victims Transitional Justice In the former Yugoslavia (Fourth Seminar) Belgrade (SCG ) - Zagreb (Croatia ) or Sarajevo (BIH ) (11-15 December 2005) THE ROLE OF MEDIA IN TRANSITIONAL JUSTICE Transitional Justice in the Former Yugoslavia Fifth International Seminar THE ROLE OF MEDIA IN TRANSITIONAL JUSTICE May, 14-17 2006

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Zakon o saradnji sa ICTY

Author(s): Author Not Specified / Language(s): English,Serbian Issue: 1-4/2006

Law on Cooperation of Serbia and Montenegro with the International Criminal Tribunal for the Criminal Prosecution of Individuals Responsible for Severe Violations of the International Humanitarian Law Committed in Former Yugoslavia since 1991.

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DEKLARACIJU O OBAVEZAMA DRŽAVE SRBIJE DA PREDUZME SVE MERE ZAŠTITE PRAVA ŽRTAVA RATNIH ZLOČINA, A POSEBNO ŽRTAVA GENOCIDA U SREBRENICI

Author(s): Author Not Specified / Language(s): English,Serbian Issue: 1-4/2006

DECLARATION ON THE STATE OF SERBIA’S OBLIGATION TO UNDERTAKE ALL MEASURES AIMED AT PROTECTING THE RIGHTS OF THE VICTIMS OF WAR CRIMES, PARTICULARLY THE RIGHTS OF THE VICTIMS OF THE SREBRENICA GENOCIDE

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Prava optuženih, narativ nacije i liberalno pamćenje

Author(s): Mark Osiel / Language(s): English,Serbian Issue: 1-4/2006

Is liberal jurisprudence inherently at odds with any effort to orchestrate prosecution as public spectacle, for social didactics? What is the proper place with in an avowedly liberal legal theory for dramaturgical concerns about reaching a desired audience?

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МЕСТНО САМОУПРАВЛЕНИЕ НА АВСТРИЯ И БЪЛГАРИЯ

Author(s): Konstantin Grigorov / Language(s): Bulgarian Issue: XIII/2015

The goal of this analysis is to draw comparisons between the foundations and the organization of local self-government in Federal Republic of Austria and Republic of Bulgaria. The research follows up the term „self-government” as defined by the law theory and the law of the two states. Particular accent has been placed on the municipality as self-governing administrative and territorial unit.

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Protecția consumatorilor. Directiva 93/13/CEE. Clauze abuzive în contractele încheiate cu consumatorii. Domeniu de aplicare. Acte cu putere de lege naționale obligatorii. Scadență anticipată a termenului contractului de împrumut. [...]

Author(s): Not Specified Author / Language(s): Romanian Issue: 1/2021

C.J.U.E., Camera a șaptea, hotărârea din 10 iunie 2021, cauza C-192/20.

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CONSISTENCY IN EU CONFLICT OF LAWS

Author(s): Jürgen Basedow / Language(s): English Issue: 1/2018

The pursuit of consistency in European conflict of laws is fully understandable and of pressing importance. It demands a cross-sectional analysis of a comprehensive nature in order to align the various legislative instruments and synchronize their treatment of legal issues. In respect of the practical application of European law, attention needs to be paid to promoting a convergence of international jurisdiction and the applicable law. It is frequently the case that competing policy values face off, with the result being a multi-step legal inquiry that not only is overly complicated but is in fact outside the actual domain of conflict-of-law instruments. Here as well greater consistency is in order. As a first and essential step, the numerous inconsistencies and contradictions must be the subject of detailed research. Only then can an earnest inquiry be undertaken as to how these shortcomings are best resolved; in part, the solutions will lie in the application of legal tools and devices, such as characterization and mandatory rules, and in part a consolidation of existing instruments will be called for. The time for a comprehensive codification of European private international law, by contrast, is not yet ripe. Those striving for clarity would be advised to pursue the model of a "creeping (or expanding) codification" that initially only aggregates existing texts, e.g. the Rome I, Rome II and Brussels I Regulations. The effort, moreover, needs to be conceptualized as a form of open legislation, one capable of later absorbing additional elements such as general rules, a revised Rome III Regulation or rules in regard to maintenance.

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Wybrane aspekty odtwarzania celów w prawie gospodarki odpadami (cz. II)

Author(s): Marek Łazor / Language(s): Polish Issue: 15/2022

The axiological plane in the interpretation of provisions of the waste management law plays a significant role due to dynamic changes which are taking place concerning its values and which are related to waste management procedures. Although they are, to a large extent, one of the elements forming the structure of the general objectives of the environmental law, they also retain their individual systemic properties, as presented in part 1 of the study. Analyzing the main structural assumptions of the teleological aspect in the derivational theory of legal interpretation created by Maciej Zieliński will allow us to examine whether it may be a valuable tool in the interpretation of provisions of waste management law. In this context, we must note that supporting a particular ideology of interpretation may be conducive to maintaining axiological consistency when applying provisions of a given branch of law. Furthermore, the detachment of particular interpretative directives from the methodology of their use (or as M. Zieliński puts it in his conception - from certain principles, rules or guidelines) makes them a “passive” instrument in the hands of the interpreter that may lead to interpretative results that are often irreconcilable with the objectives of the law ascribed to the legislator.

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GOOD DELIVERY OF JUSTICE. JUDICIAL ERROR

Author(s): Delia Mihaela Marinescu / Language(s): English Issue: XXI/2022

The good administration of justice is an essential element of the functioning of any state of law, representing a national security objective through the prism of the implications and dysfunctions it can create at the level of society, but also a fundamental pillar in ensuring an act of justice in accordance with the law. That is why the State has the primary obligation to organize the activity of judicial bodies, being liable in the event of a violation of this mission, considering the fact that the errors produced in the act of justice produce serious effects on the fundamental rights and freedoms of citizens, including material damages and morals. The foundation of the State's liability for judicial errors is free access to the court and the right to a fair trial, with national legislation effectively guaranteeing a high quality of the judicial act.

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Retributivni odgovori tranzicijske pravde u Bosni i Hercegovini

Author(s): Mirza Buljubašić / Language(s): Bosnian,Croatian,Serbian Issue: 3-4/2022

The retributive mechanisms of transitional justice seek to provide answers to crimes from the past, to bring those responsible to justice and in this way provide a kind of satisfaction to the victim, and represent an opportunity to prevent possible future crimes. It seems that the retributive mechanisms had the greatest reach in Bosnia and Herzegovina. Numerous authors advocate that Bosnia and Herzegovina represents the best example of retributive responses of transitional justice compared to other post-conflict countries. In this paper, there is no agreement for such a position. In contrast, retributive responses had numerous shortcomings such as extremely slow processes and lack of a unique and strategic approach in practices. This paper reviews the retributive responses of Bosnia and Herzegovina to war crimes, crimes against humanity and genocide, which includes institutional, framework normative elements and relevant policies to combat the crimes that are the subject of this paper. Based on the review of the literature and the state of the responses, the basis for the argument that retributive responses were necessary, but mostly unsuccessful, is developed. It is concluded that retributive responses could never achieve the preventive effects advocated by transitional justice because the restorative mechanisms of transitional justice either did not exist (e.g. lustrations) or were not tailored to achieve an adequate effect (e.g. reparations, Truth and Reconciliation Commissions).

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TELEVISION SUBTITLING FOR DEAF AND HARD OF HEARING PEOPLE - LEGAL ASPECTS

Author(s): Bianca Dabu / Language(s): English Issue: 1/2022

The ratification of the Convention on the Rights of Persons with Disabilities signed by Romania in 2007 has generated the necessity of elaboration of the National Strategy on the Rights of Persons with Disabilities 2021-2027. Among persons with disabilities, the deaf and hard of hearing people have often been the subject of legal provisions in what access to communication, information and culture is concerned. Access to television programmes is thus, regulated through a series of laws and regulations that ensure the rights of the deaf and hard of hearing people to fair acces to the content of films, documentaries, commercials, news, etc. through subtitling or other means of equivalent language. This article focuses on both linguistic aspects of rendering informational and cultural content through subtitling and legal provisions of Romanian laws on deaf and hard of hearings persons beginning with the Audiovisual Law up to present.

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WAR CRIMES TRIALS DATABASE: A NEW DATABASE ON THE WAR CRIMES TRIALS IN BOSNIA AND HERZEGOVINA

Author(s): Goran Šimić,Keiichi Kubo / Language(s): English Issue: 8/2022

Since the start of the war in Bosnia and Herzegovina in 1992, there have been enormous efforts to conduct investigations and trials on the war crimes committed in Bosnia, leading to a large number of war crimes trials. While various scholars have discussed and evaluated the trials of the war crimes committed in Bosnia, they have done so mostly in a qualitative manner. In particular, none of the previous studies has presented a comprehensive picture of the domestic war crimes trials held in Bosnia, even though they constitute the largest share of the trials on the war crimes committed in Bosnia. In order to fill the gap in the literature, we collected the verdicts given at various levels of courts in Bosnia as well as from neighboring countries (Serbia and Croatia) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Based on the information available in the verdict, we coded key variables regarding the defendant, crime, and legal process and published the data as an online database named the War Crimes Trials Database (WCTD hereafter). This research note introduces the database and presents an overall picture of the data.

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International law and nationalism as two essentially related concepts

Author(s): Paulo de Brito / Language(s): English Issue: 1/2022

The principal aim of the present essay is to explore the relationship between international law and nationalism, whilst arguing that both concepts cannot be viewed as two separate and self-contained realities, but should rather be considered in light of their mutual interaction. The external actions of a nation are reflected internally. Similarly, its internal actions have external repercussions. In this work, such consequences are examined in a nation-state with an authoritarian structure as opposed to those found in a democratic nation-state. Additionally, the concept of nationalism is studied in its variant forms in both these contexts, leading to the premise that an aggressive and expansionist nation-state is unlikely to be guided by a constitution that places a high value on democracy and freedom. A nation which does not respect the liberties of its own nationals will undoubtedly disrespect other States and their nationals, and vice-versa. This begs the question: should internationallaw be irresponsive and neutral in these cases?

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