TREATY ESTABLISHING THE EUROPEAN STABILITY MECHANISM BETWEEN THE KINGDOM OF BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, IRELAND, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE GRAND DUCHY OF LUXEMBOURG, MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE PORTUGUESE […]
Category archives for Английски език
(Cases 2 BvR 1390/12, 2 BvR 1421/12, 2 BvR 1438/12, 2 BvR 1439/12, 2 BvR 1440/12, 2 BvE 6/12) Applications for the issue of a temporary injunction Abstracts The Federal Constitutional Court – Second Senate – with the participation of Justices Voßkuhle (President), Lübbe-Wolff, Gerhardt, Landau, Huber, Hermanns, Müller, and Kessal-Wulf on the basis […]
Prof. Dr. Koen Lenaerts [1] As Bell notes,[2] the evolution of the principle of equal treatment in the EU legal order has been governed by two different, albeit intertwined, dynamics. On the one hand, the principle of equal treatment, which originally operated as a federalising device, has progressively grown out of its internal […]
PART I Dr. Alexander Kornezov[1] Introduction Union citizenship has been described as destined to become the “fundamental status of nationals of the Member States”.[2] It stands at the crossroads between integration and constitutionalism. As such, it has for a long time been the focus of heated academic debate. It has been argued that […]
(Opinion of the Advocate-general N. JÄÄSKINEN in Case C-198/12, Commission v. Bulgaria) Alexander Galendinov [1] The Bulgarian energy market continues to attract the attention of the European Commission. In December 2012 the Directorate General for Competition opened antitrust proceedings against Bulgarian Energy Holding (BEH) for alleged abuse of its dominant position on […]
(Proposal of the European Commission for a Regulation on the establishment of a European Public Prosecutor’s Office) Elisaveta Voynova [1] The establishment of a European Public Prosecutor’s Office (EPPO) would be a fundamental change in the history of EU integration with a major impact for both EU’s architecture and Member States’ legal […]
Nikolay Domanov The Treaty of Lisbon provides for the early conclusion of the Ordinary Legislative Procedure (OLP) and the adoption of EU legislative acts either in its first or second instead of in its third reading. This practice has become a common legislative technique in recent years with the number of decisions taken […]
Emilia Vassileva [1] The legal basis for the development of judicial cooperation in civil matters can be found in Article 81, par. 1 of the TFEU. Following the entry into force of the Amsterdam treaty, the European area of freedom, security and justice became a reality, enhanced by specific legal instruments which guarantee […]
Prof. Kino Lazarov On the 3rd of January 2014 the Sofia City Court rendered a judgment on a claim for damages against the State for breach of EU law, the breach having been admittedly committed by the Supreme Administrative Court in a final judgment, allegedly incompatible with EU law, in particular with Directive 2006/112. […]
Case C-48/09, Lego Juris Petya Aladzhova[1] As of 1989 it is possible to register as a trademark a sign representing the shape of a certain good. However, the protection of consumers through the creation of competitive markets requires limitations of the right to register such type of trademarks. Signs which consist exclusively of […]
Alexander Galendinov[1] Historically, European gas and electricity markets used to be areas legally exempt from competition[2]. However, a progressive liberalisation took place with three legislative packages, adopted from 1996 to 2009, opening these network industries to competition. But formal liberalisation was just the first step towards a more competitive European energy market. The Commission […]
Hristo Mihaylov* With the entry into force of the Treaty of Lisbon, introducing new solutions to the European Union legislation by refreshing already existing concepts and implementing modern ideas, the regulation of the direct action for annulment under Article 263, paragraph 4 TFEU brings forward a line of potential questions. Among other things, the Treaty […]
Judgment of the Court of Justice (Grand Chamber) in Daiichi Sankyo, C-414/11 Svetlana Chobanova [1] The judgment in this case gives a fresh answer to the ever so contentious question about competences of the Union and its Member States to interpret the WTO Agreements and in particular the TRIPs Agreement. It represents an important departure […]
Dr. Pavlina Panova[1] The increasing demand of cooperation in the EU Criminal law field, in proportion to the emerging contemporary forms of criminality has been of major importance since the 1999 European Council in Tampere. The establishment of the need of a new way to achieve judicial cooperation in respect of the nowadays criminal reality, […]
Judgment of the Court of Justice in Allianz Hungária, C-32/11 Svetlana Chobanova* Introduction Wholly internal situations and restrictions by object – the interpretation of two fundamental notions of European Union (‘EU’) law are at stake in this preliminary reference procedure before the Court of Justice of the European Union (‘ECJ’ or ‘the Court’), […]
Richard Crowe* Introduction The regular summits of Heads of State or Government that came to be known as the European Council have been an essential feature of the European Union’s decision-making structures for almost four decades.[1] Yet it was only with the entry into force of the Treaty of Lisbon on 1 December 2009 […]
Dr. Alexander Kornezov[1] That the State is liable for breaching EU law is a long standing and widely recognised principle of EU law. In Bulgaria however this principle remains terra incognita – it is relatively unknown and only rarely – if ever – enforced. The reasons for this unfortunate state of affairs are numerous […]
(Judgment of the Court in Case С-617/10 Akerberg Fransson) Vanya Ilieva[1] The case С-617/10 Akerberg Fransson of ECJ raises important substantive legal issues associated with both the interpretation of the principle ne bis in idem, and the interpretation of the general provisions of the Charter of Fundamental Rights of the European Union concerning […]
Freedom to conduct a business or the freedom to receive information and pluralism of the media. Which right prevails? Judgment of the Court of (Grand Chamber) in Case C-283/11, Sky Österreich Milena Takeva[1] The Court of Justice of the European Union was called upon to balance the freedom to conduct a business, protected […]
(Judgment of the CJEU in case C‑27/11,Vinkov) Hristo Kirlov [1] The article discusses the judgment of the CJEU in case C‑27/11, Vinkov. The Bulgarian Administrative Court-Sofia raised the question, within a preliminary ruling procedure, about the compatibility with EU law and particularly with the EU Charter of Fundamental Rights of the non-recognition in […]
Aleksandar Dorich[1] The current article unfolds three main stages of analysis on the EU and national legislation regulating the matter of financial collateral agreements, as well as examination on the legal characteristics of the financial collateral agreements themselves. The first stage relates to the questions: (i) what is the meaning of the term […]
Proposal for a Council Directive implementing enhanced cooperation in the area of financial transaction tax – COM(2013)71 final of 14.2.2013 Boris Kasavetov[1] The present article outlines the Commission proposal of 14 February 2013 to implement a Financial Transaction Tax (FTT) via enhanced cooperation between 11 Member States. While the idea of taxing […]
Case С-549/11 Orfey Bulgaria EOOD and Case C-19/12 Efir OOD Veselina Petkova[1] Cases C-549/11 and C-19/12 were heard by the Court of Justice following references for preliminary rulings by the Bulgarian Supreme Administrative Court made in the course of the proceedings between respectively Orfey Bulgaria EOOD (“Orfey”) and Efir OOD (“Efir”) and the […]
Alberto de Gregorio Merino* I INTRODUCTION The Economic and Monetary Union (EMU) has gone through an important process of transformation in the last two years, pursuant to the deep debt crisis that has affected some euro area Member States since early 2010. The crisis of the public debt of Greece made evident some […]
Professor Dr. Dr. h.c. Thomas von Danwitz, D.I.A.P (ENA, Paris), President of Chamber of the ECJ, Luxembourg [1] Ladies and Gentlemen, I feel very honored to speak to this distinguished audience. Of course, it is a great pleasure to discuss questions on the evolution of EU Law with respect to the institutional foundations of […]