Showing papers in "Yearbook of the Law Department in 2022"
[...]
TL;DR: The European Green Deal as discussed by the authors is a kind of roadmap for achieving the sustainability of the EU economy by turning climate and environmental challenges into opportunities in all policy areas, through a just and inclusive transition for all.
Abstract: This article aims to present the main objectives and characteristics of the European Green Deal, which is a kind of roadmap for achieving the sustainability of the EU economy by turning climate and environmental challenges into opportunities in all policy areas, through a just and inclusive transition for all. The implementation of this roadmap provides for actions to use resources efficiently by moving to a circular economy, reducing biodiversity loss and diminishing pollution. The roadmap also sets out the necessary investments and financial instruments and the need to ensure a just and inclusive transition. Transforming the economy of the European Union (EU) into a resource-efficient economy in which economic growth is not directly linked to the use of resources, based on the cessation of net emissions by 2050. The European Green Deal outlines a plan for this transformative change.
638 citations
TL;DR: The Bulgarian Constitutional Court (CC) found it necessary to differentiate between the concept "sex" and the concept 'gender' in the Istanbul Convention within its preliminary constitutional control as discussed by the authors .
Abstract: The Bulgarian Constitutional Court (CC) finds it necessary to differentiate between the concept “sex” and the concept “gender” in the Istanbul Convention within its preliminary constitutional control. As the second one is fundamental for the convention and the CC sees a problem with it, the CC concludes that the convention is in contradiction with the Bulgarian Constitution. Furthermore, in November 2021 in an interpretation decision the CC states that the under the Constitution the Bulgarian concept relates only to the meaning of “sex”, in its biological meaning. The way in which the CC operates with the terms “sex” and “gender” brings to the fore serious deficits in Bulgarian legal discourse resulting from the total lack of any feminist jurisprudence and the isolation from the contemporary debates on the gender-based inequalities and injustices.
TL;DR: In this paper , the Roman concept of marriage as a union of spouses with the purpose of giving birth, raising and educating the children is presented, and the social roles of mother and father in the Roman family and the legal framework of their status.
Abstract: The study presents the Roman concept of marriage as a union of spouses with the purpose of giving birth, raising and educating the children. In parallel are presented the social roles of mother and father in the Roman family and the legal framework of their status. The article shows some of the main points of promoting the birth rate increase and stabilizing the procreative function of marriage for demographic and political purposes. Some of them – and especially the protection of the interests of children, which can be a starting point for the modern development of the system for stabilizing the marriage and the family to face the social challenges of the XXI century.
TL;DR: In this paper , the authors outline some tort liability issues which can arise out of the description of actual persons and events in works of fiction and present disputes from the US legal practice for libel and defamation in literary texts.
Abstract: The current article aims to outline some tort liability issues which can arise out of the description of actual persons and events in works of fiction. The material presents disputes from the US legal practice for libel and defamation in literary texts. Further, the possible development of hypothetical cases according to the Bulgarian legislation is reviewed.
TL;DR: In this article , the authors proposed a model of the intersection point of national and international law, where the privileges and immunities of heads of state are defined by national legislation rules and International Law intervenes in this process by means of treaties and international customs.
Abstract: Head of states are designated under national legislation rules. International law intervenes in this process by means of treaties and international customs. Intersection point of national and international law are the privileges and immunities of heads of state.
TL;DR: In this article , the authors discuss the patentability of the results of genetic research, in particular the sequence of genes in the molecular structure of deoxyribonucleic acid, and present the main approaches established in the American, European and national legal system regarding the protection of genetic inventions.
Abstract: The article discusses the patentability of the results of genetic research, in particular the sequence of genes in the molecular structure of deoxyribonucleic acid. The main approaches established in the American, European and national legal system regarding the protection of genetic inventions are presented. The main points in a decision of the Court of Justice of the EU are analysed. Both the criteria for patentability of an element of the human body and the hypotheses referring to the exceptions to patentability corresponding to the provisions of Directive 98/44/EC on the legal protection of biotechnological inventions, the Convention on Human Rights and Biomedicine of Oviedo, the European Patent Convention and the TRIPS Agreement. The connection between the importance of genetic research and the development of the innovative economy based on the patents for these inventions is substantiated.
TL;DR: In this paper , the administrative law issues related to the unprecedented suspension of the distribution of the national program "Horizon" of the Bulgarian National Radio on 13.9.2019, which caused the early termination of the mandate of the general director of the media due to a gross violation of the principle of media services, are discussed.
Abstract: The article comments on the administrative law issues related to the unprecedented suspension of the distribution of the national program “Horizon” of the Bulgarian National Radio on 13.9.2019, which caused the early termination of the mandate of the General Director of the media due to a gross violation of the principle of media services. As the person responsible for the programming policy of the public media service provider, the General Director is obliged to guarantee the citizens‘ right to information. Failure to fulfil this public duty is grounds for his removal from office.
TL;DR: In this article , the authors present the background and establishment of the European Labour Authority, as well as its legal characteristic, functions and bodies, and the role of this new body in the ever-current EU social policy.
Abstract: In 2019 the development of the labour law of the EU received a strong impetus. The questions of the EU social policy were among the leading activities of all EU institutions. Two acts in the field of EU social policy, adopted in 2019, attract attention because they are expected to have a structural role in the future development of European labour and social law. These are Regulation (EU) 2019/1149 and Directive (EU) 2019/1152. Both acts were adopted under the ordinary legislative procedure, both acts have an identical story about their adoption, and were not accidentally adopted on the same date and published in the same issue of the OJ of the EU. The adopted acts of the EU law in the social field are the logical final step in the multi-year progressive efforts for adequate coping with the many problems and challenges facing the internal market, incl. labour market, which became a reality in the second decade of the 21st century. Given the size of the normative content of both acts, their social and legal purpose and importance of labour law and social policy of the EU, it is necessary to analyse them separately. In the following lines, as part one of a more comprehensive study, will be presented the background and establishment of the European Labour Authority, as well as its legal characteristic – functions and bodies. The statement does not claim to be exhaustive – it marks the beginning of a study on the place and role of this new body in the ever-current EU social policy.
TL;DR: In this paper, the legal regulation of the data protection requirement with regard to European citizen's initiatives (ECI) is discussed, which aims to guarantee that when organizing and monitoring an ECI all the involved parties (organisers, Member States and the European commission) guarantee full data protection of the supporters to the given ECI.
Abstract: Under consideration in the present article is the legal regulation of the data protection requirement with regard to European citizen’s initiatives (ECI). The legal regulation aims to guarantee that when organising and monitoring an ECI all the involved parties – organisers, Member States and the European commission–guarantee full data protection of the supporters to the given ECI. Regarding the review of Regulation (EU) 211/2011 there is reference to a technical study made in 2017, entitled Study on data requirements for the European Citizens’ Initiative. It was made with regard to one of the major issues of ECI that concerns the level and the variety of data provision in support of a given ECI.
TL;DR: In this paper , the authors focus on the development of case law regarding one of the fundamental aspects of matrimonial property relations of the sole proprietor whenever the statutory regime of community of property is applicable, in particular the co-relation between the matrimony community property and the commercial enterprise of the spouse.
Abstract: The present research puts the focus upon the development of case law regarding one of the fundamental aspects of matrimonial property relations of the sole proprietor (SP) whenever the statutory regime of community of property is applicable, in particular the co-relation between the matrimonial community property and the commercial enterprise of the spouse – SP. The article focuses on case law development regarding the substantive legal requirements to cancel the effect of the presumption of joint contribution pursuant to art. 21, s. 1, 3 of the Family Code 2009 concerning property rights acquired by the SP during his or her marriage to be included into his or her commercial enterprise. Special regard is attributed to the shift in recent case-law since the entry into force of the present Family Code in 2009 on the origin of money used to acquire property rights, that become personal property of the spouse-SP pursuant to art. 22, s. 3 of the Family Code. Moreover, attention is being credited to the general purpose of the requirement to include property rights into the enterprise of the spouse-SP and its significance for the acquisition of personal property pursuant to art. 22, s. 3 of the Family Code.
TL;DR: In this paper , the authors present the professional career of one of the most famous lecturers in the Law Faculty of the Sofia University until 1944, namely Professor Nikola Saranov (1895-1974).
Abstract: The present study presents the professional career of one of the most famous lecturers in the Law Faculty of the Sofia University “St. Kliment Ohridsky” till 1944 – namely Professor Nikola Saranov (1895–1974). Under detailed consideration is his professional career and the gradual way in which he has been established as a leading lecturer of the discipline Criminal court procedure. Professor Saranov has also introduced a lecture course in Criminal studies in Bulgaria. Following the coup d’etat of 9 September 1944 he has been gradually forced to quit his lecturing at the Law Faculty. In the study under consideration are documents in support of the consequences from this act, in particular monitoring and repressions on behalf of the State Security Service almost until the death of the professor in 1974. These activities of the repressive state machine are applied also to relatives and family members of the professor. Under consideration are also the various interests of Professor Saranov in different areas, including towards the short career of a judge of the national poet Ivan Vasov in the town of Bercovitsa in the period 1879–1880, with regard to which the professor issues a study in the Yearbook of the Law Faculty of the Sofia University in 1943.
TL;DR: In this article, a comparative analysis has been made between the proceedings challenging the legality of the election and challenging its validity, in the presence of which there will be grounds for declaring the election invalid.
Abstract: The statement addresses issues concerning the election as a basis for employment and the general rules of invalidity established in the Labor Code. Separate hypotheses are considered, in the presence of which there will be grounds for declaring the election invalid. A comparative analysis has been made between the proceedings challenging the legality of the election and challenging its validity.