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The report presents some problems оf the protection of immovable cultural heritage in Bulgaria. The solution of this problems will help for both saving the physical authenticity of the immovable cultural properties but also for а sustainable urban development and a new opportunity for the development of cultural tourism.
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Constituting the Cadaster, a unified system of data on real properties and information about holders of possession rights to the real properties implies that the data from land registries will no longer be public. Law on Survey and Cadaster of Republika Srpska left the administration in charge of constituting the cadaster, providing for court jurisdiction only in the case a party actively denies a right inscribed into the cadaster. Other than leaving the administration in charge of the cadaster, this law has limited judicial decision-making regarding property rights thus leaving room for manipulation notably concerning property rights of returnees, refugees, and displaced persons. Principles of constitutive effect and public trust, valid through the previous system, have been breached despite being included in the new legal framework by the administration through the Rulebook on the manner of establishing and maintaining the real estate cadaster of Republika Srpska. Establishing cadaster in such a way opens the possibility of annulment of rights inscribed in land registries and the possibility for the persons who are not in fact owners to inscribe themselves as such based on the factual state of affairs.
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During 2018-2020, the insolvency institute was marked by three legislative waves, both at procedural and conceptual level. These new regulations have led to relevant legal revisions and additions and, in some places, repeals of some rules governing this institute. The latest amendments, which came in force on 14 November 2020, concerned approximately 90 articles of the Insolvency Law and were based on an extensive analysis of the activity of the courts as well as of the professionals in the field. In this article, we aim to point out the most relevant changes to Insolvency Law in the last three years and to analyze the first effects of these changes
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In present-day society, issues related to the emergence of new pathogenic diseases, which are inherently completely unknown to medical science, raise serious debate. In addition to health care, these issues are also of interest for the jurisprudence, in relation to the mechanisms for introducing anti-epidemic measures that should be enforced by the competent control authorities.
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The orders of the Minister of Health issued on a legal basis Art. 63 of the Health Act constitute a set of temporary organizational measures and law enforcements, directed outwards.The implementation of mandatory measures is strengthened both by the possibility of enforcing administrative obligations and penalising the acts of non-adherence by considering them as administrative violations and, in some cases, holding criminal liability for them.
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The Ministry of Interior provides administrative acts in Chapter Five, which are intended in view of the general prevention of the state from committing crimes. In the cases of issuing a warning protocol under Article 65 of the LMI, however, there is ambiguity about the manner and procedure of its contestation. The issuance of an administrative act is mixed with a warning act and complicates law enforcement. The article analyzes their legal nature, practice and jurisprudence. It is concluded that the rights of citizens, protected by our Constitution and the ECHR, point to a gap in our legislation that needs to be overcome. Specific such proposals are presented.
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Patient safety is a global problem as the World Health Organization and many governments in different countries have engaged to find a solution. Priority is the creation of a registry of adverse medical events, and its aim is to limit, analyze and make proposals for the elimination of such events. Bulgaria has adopted the National Health Strategy (2014-2020), as one of the main policies is to ensure patient safety.
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Among European Union members, Bulgaria is unique in that its administrative justice provides for possibility of appeal within the supreme jurisdiction in the area of administrative law. As it is well known, certain types of cases are heard by SAC in three-judge panels and the decisions of these panels are subject to appeal before five-judge panels of SAC. This system has a number of practical inconveniences. Moreover, it completely contradicts the Western models of administrative justice, from which our country has adopted. Is should be abolished and in the article de lege ferenda suggestions are made.
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The procedural issues for challenging invalidated audit certificates under the Taxation and Social Security Procedure Code are raised by their contradictory resolution in the case law. Their ambiguous response makes it difficult for legal entities to exercise their rights to defense and the judiciary to apply the law. The crucial point is that these contradictions affect the fundamental rights of the persons concerned and these need to be harmonized.
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In Bulgarian law and doctrine, the term ‘property’ is used with different content depending on their need. In these cases, it is of utmost importance for law enforcement to establish the meaning that the specific legislative act attaches to this concept. This paper shall review the legal framework regarding the debtor’s non-sequestered assets that cannot be enforced, as well as the situations in which the protection provided by the legislature lapses. Given the specifics of the proceedings and, in particular, the fact that unilateral interference in a foreign legal sphere occurs through coercion, the rules on sequestered property as well as the degree of protection afforded to the debtor are of utmost importance.
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The author has aimed and succeeded to present the notion of civil servant, the role of the Constitutional Court and of the Supreme Court in defining this concept. In this meaning, we have used the method of the historical interpretation by searching the meaning of the notion of civil servant in the old legislation, the Criminal Code of 1864, 1936, 1969, 2004 and the actual Criminal Code of 2009. Also, have been presented significant decisions of the Constitutional Court and of the High Court of Cassation and Justice referring to the notion of civil servant or in connection to it, emphasizing the role of these institutions in performing the attributions stated by the Constitution and the organic laws governing the civil activity.
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The article analyzes the theoretical and practical legal problems of defining public property, public domain and private domain, intra-domain transfer in Romanian legislation through the Romanian Civil Code of 1864, the Romanian Constitution of 1923, the Romanian Constitution of 1938, the Constitution of the Romanian People's Republic of 1948, the Constitution of the Romanian People's Republic from 1952, the Constitution of the Socialist Republic of Romania from 1965, the Constitution of Romania from 1991, as well as the developments that occurred in the mentioned fields with the adoption of Law no. 287/2009, The New Romanian Civil Code. The article also deals with the correlations of public property, public domain and private domain, intra-domain transfer through the prism of the New Romanian Civil Code, the Romanian Administrative Code of 2019 and the role of the Constitutional Court in configuring the national, county and local public domain
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Judicial practice, particularly in higher courts, is an increasingly important argument for the sentencing of legal disputes, which is also part of a phenomenon that is al so manifested in other systems of law, which is the strengthening of its status of an effective source of law in general, and administrative law, in particular. If, at the Supreme Court level, for reasons primarily concerning its role in the unification of practice, access to jurisprudence is to a decisive extent, the lower courts offer such public service only in a limited and selective manner. The absence of explicit regulation of judgments as information in the public interest and of a regime of access to them, or of the general obligation of courts to make them public, at their own motion or at request, in full, together with the conflicting positions expressed over time by the Superior Council of Magistracy, led to an ununified application of Law no. 544/2004 on free access to public interest information. The projects of online publication of judgments in public-private partnerships are not such as to rigorously satisfy the requirements of the principle of without charge and free access to judgments, and the practice of selecting and publishing „relevant” court rulings creates distrust, in terms of without charge and free access objectives, given the lack of criteria to establish such character. A future law solution is either the explicit regulation of the judgement as part of the category of public interest information, with the establishment of the related regime, or the establishment, by the law of the organization and functioning of the national judicial system, of the obligation to publish the given rulings, in full.
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The article briefly examines the problem of repairing the damages caused to the persons injured by administrative acts, by the unjustified refusal to solve a request or by the failure to solve it in time. In applying the dispositions of art. 52 paragraph (1) of the Romanian Constitution, the public authorities and institutions are responsible for patrimonial damages, for material or moral damages caused by administrative acts, in typical or assimilated form. This administrative-patrimonial liability is doubled by the joint and several patrimonial liability of the dignitary, civil servant or contract staff for the material or moral damages caused by administrative acts. The legal provisions confer a passive procedural quality to the person who contributed to the elaboration, issuance, adoption or conclusion of an administrative act only if it is called in court together with the public authority and only in the case where the request for a court has the object, besides the cancel of the act administrative or obliging the public authority to solve a request, and the payment of damages for the repair of the damages by the typical administrative act or assimilated. The right of the person injured by an administrative act to repair damages, material or moral, constitutes an essential guarantee for the observance of the fundamental rights and freedoms guaranteed by the Romanian Constitution.
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The legal protection of cultural heritage is a topical issue for the Romanian political and legal world. The importance of the cultural heritage in the individual’s and nation’s life, on the one hand, the risks and threats addressed to it, on the other hand, have brought to the fore the need to strengthen and modernize the legal framework for its protection. A solution in this direction, within the framework of European developments, is the implementation of the Cultural Heritage Code. The idea has been objectified so far in the Preliminary Theses of the Cultural Heritage Code (2016). Codification of cultural heritage legislation is a necessary measure, which ensures the integration of the existing legislation in a unitary vision and in a modern, flexible and efficient legal framework. Such a legal instrument contributes to eliminating regulatory dysfunctions, overcoming the legislative vacuum or over-regulation, to conceptual unification, coherence of approach and harmonization of rules. At social level, it creates a favourable framework for raising awareness about the importance of protecting, preserving and developing cultural heritage, for increasing responsibility and involving citizens in the process of protection and conservation, for the implementation of programmes and projects in the field. Synergistically, a necessary and priority measure is the development of education for heritage, with an emphasis on the importance of cultural heritage, its protection, conservation and transmission to future generations.
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In the recent years, we are witnessing a formidable evolution of the legal concepts. Regardless of the legislative system we are in, one of the very current subjects is legal liability in the citizen’s relationship with the state. The tendency we are currently identifying is that liability has an increasingly interdisciplinary character. It is important for law practitioners to know that in comparative law an interference of liability is seen between several branches of law, for example, administrative law and environmental law, due to the recent contribution of jurisprudence. Thus, in France, in a recent matter, very broadly presented in the media, the Paris Administrative Tribunal established the state’s liability for ecological damage caused to private persons. The direct impact of this favorable court decision was immediate, leading to legislative changes. The object of this study is to analyze the interdisciplinary character of legal liability, with a focus on liability in administrative law. By means of the research methods employed in this article, we shall analyze the relevant legislation, doctrine and jurisprudence, in order to capture the tendencies of liability in administrative law, from the national perspective, as well as from the viewpoint of comparative law.
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Subject to debates from the point of view of its performance and intensity, the judicial control over the opportunity of administrative acts is, in our opinion, necessary in a state governed by the rule of law. Law 554/2004 contains legal institutions that impliedly enshrine this control. Its implementation raises the problem of the criteria to which courts can refer. The criteria, although different from one case to another, can be systematized. Thus, the evaluation of the consequences of complying with the legal norms with a judicial force superior to the administrative act offers a clear parameter within which public authorities can assess the adopted acts. Secondly, the action of the admin- istration generally takes place in a Member State of the European Union, within a set of principles, such as non-discrimination, transparency of the decision-making process, lack of arbitrariness, impartiality of the administration, respect for legitimate expectations, predictability, consistency, proportionality of the measure with the objective, etc. Thirdly, administrative acts and operations must respect a fair balance between public interest and private rights/ interests affected by them. The performance of this control in the context of two cases we selected led us to some conclusions which have, we believe, a high degree of applicability: the opportunity character of an administrative act must result from the content of the act itself or from acts preceding its adoption and the limits of the appreciation power of public institutions may result from judgments (too). Our research is descriptive and explanatory, including a case study. The use of case law data (somehow abandoned in the doctrinal dispute) brings new perspectives on the approach to the opportunity control.
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The paper starts with the identification of unitary and dualistic systems of administrative regulation. The analysis stops to the French and Romanian systems and overlaps them, applying the comparative method. This allows us to observe not only what the current regulations of French and Romanian law looks like, but also opens the perspective of an evolved solution that would meet the needs of a modern administrative law.
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The principle of random assignment of cases is closely related to the right to afair trial guaranteed by art. 6 of the European Convention on Human Rights. The main purpose pursued through the random assignment of cases is to provide a guarantee to the litigant that he will benefit in the resolution of his own case, from the designation and trial of an impartial court. An example of violation of this principle involves the settlement of a given case by a court that has not been established by law (condition expressly required by art. 6 ECHR), but by judges who have been appointed by the leading Board of the Court. On the one hand, the present paper aims to analyze how the principle of random assignment of cases can be circumvented by replacing during the trial one or many of the members of a judicial panel with other judges, and on the other hand to provide legal proposals. At the same time, throughout this paperwork, we will expose which are the means that any litigant can use to signal the irregularities regarding the abusive substitution of one or many of the members of a judicial panel. Last but not least, we intend to address a topical issue for doctrinaires, professionals, but also for litigants, given the complexity and "sensitivity" of invoking irregularities regarding the members of a bench of the Court, who would be called to rule in a complaint regarding the way in which they were invested to judge a case that was not randomly assigned to them.
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Recently, in the practice of the courts, we have noticed a different approach regarding the settlement of some litigations having as object the employment of the patrimonial responsibility of some persons who, at a certain moment, had either the quality of dignitary or the quality of civil servant. It is not an isolated case, it is about a significant number of lawsuits, about 20. Surprisingly, although in all these cases, the quality of plaintiff had the same national authority and the quality of defendants had, relatively, the same persons, the solutions of the courts were different, even contradictory, in terms of material, functional and territorial competence to resolve these disputes. The present paper aims to analyze the relevant court decisions in terms of legal issues, without discussing the merits of the cases, but only the procedural exceptions, inadmissibility and material and functional incompetence of the courts notified in resolving those disputes. In conducting the study, I will consider the methods of interpreting legal rules, respectively grammatical, logical and systematic, the purpose being to clarify this legal issue and to provide help, support to those who, perhaps, at some point, may face this situation.
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