Prof. Dr. Jasmine Popova La renégociation, demandée par le Royaume–Uni, d’un nouvel arrangement des conditions de son appartenance à l’UE, pour répondre aux préoccupations soulevées par le Premier Ministre David Cameron, dont le mot clé est «plus de flexibilité», ne fait, en réalité, que remettre à l’ordre du jour une des questions...
Category archives for Английски език
Michal Bobek , Advocate General at the Court of Justice of the EU Abstract Over the last decades, the ever growing caseload in supreme and constitutional jurisdictions all around Europe has forced some of them to reassess the role and functions they should be fulfilling. This article offers, on the example of the Czech...
The Editorial Board The article provides an overview of the recent case-law of the Bulgarian Supreme Administrative Cоurt (SAC) in relation to the application and interpretation of EU law. The analysis has shown a number of problem areas and tendencies, which can be summarized as follows: The number of preliminary references made by the Bulgarian...
(Judgment of the Court of Justice of the EU in case C-352/13, CDC HydrogenPeroxide) Oleg Temnikov[1] This article provides an overview of the conclusions regarding the rules of jurisdiction, applicable in the case of private damages claims, which could be brought from the Opinion of the Advocate General and the Judgment of the Court of...
Emilia Dimitrova One of the aims of competition law is to set out rules for ensuring that the undertakings holding a dominant position on the market would not take adverse advantage of such a position to the detriment of customers, suppliers or competitors. Therefore, the concept of dominance appears as one of the central...
Alexander Galendinov[1] The application of EU State aid rules in the Bulgarian energy sector continues to attract attention. In particular, in June 2015, following the adoption of the European Commission’s Guidelines on State aid for Environmental protection and Energy (2014 Guidelines), the Bulgarian authorities issued a draft-ordinance concerning aid in the form of reduction...
Dr. Niilo Jääskinen, Advocate General, Court of Justice of the European Union 1. Introduction In 1860 Frederick Douglass, an American abolitionist and a former slave, said that “[t]o suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.”[1] Even though it is often overlooked,...
(Judgment of the Court of Justice of the EU in case C-536/13, Gazprom) Eleonora Mateina This article attempts to provide an overview of anti-suit injunctions and their functioning in the context of European law. First, it presents a brief overview of anti-suit injunctions in their country of origin – England. Second, the article provide a...
Case C-352/13, CDC Hydrogen Peroxide Gabriela Edreva [1] CDC Hydrogen Peroxide is the first case in which the Court has adjudicated directly on the interaction between the provisions of EU primary law on freedom of competition and the provisions of EU private international law on jurisdiction in civil and commercial matters (Regulation No 44/2001/EC). The case...
(Order of the Court of 5 February 2015 in Case C-451/14, Petrus) Maria Georgieva In order to ensure the implementation of fundamental rights and freedoms defined in the Charter of Fundamental Rights of the European Union, the European Commission has been publishing, since 2010, an annual report on the application of the Charter. The...
(Judgments in cases С-542/13, M’Bodj и C-562/13, Abdida) Dr. Valeria Ilareva In cases M’Bodj and Abdida, the judgments in which were delivered on the 18th December 2014, the Grand Chamber of the Court of Justice of the European Union and the Advocate General Yves Bot considered and proposed solutions to important practical matters in...
(Judgment of the CJEU in Case C-41/14, Christie’s France) Rashko Stoyanov* The contemporary art market has turned into an international market where transactions involving art pieces are being carried out in a number of different states, each one of them having a regulatory framework of their own, as regards the rights related to art...
Opinion of the Court of Justice (Grand Chamber) in case 1/13 Nikolay Bandakov This article aims to present and analyse Opinion 1/13 of the Court of Justice of the EU according to which the European Union has exclusive competence to approve the accession of third countries to the Convention on the civil aspects of...
Geert De Baere * Contents Introduction Subsidiarity and proportionality 2.1 Interpretation 2.2 Application 2.3 Judicial review 2.4 Subsidiarity and proportionality as two sides of the same coin 2.5 Future options and challenges The flexibility clause 3.1 Interpretation, application, and judicial review 3.2 Future options and challenges Conclusion 1. Introduction The preamble to the Treaty on...
(Judgment of the Court of Justice of the EU in case C-302/13, flyLAL) Boriana Musseva ABSTRACT In Case C-302/13 the Court of Justice clarified once again the terms “civil and commercial matters” and “public order”, contained in Regulation (EC) №44 / 2001 on jurisdiction and the recognition and enforcement of judgments in civil and...
(Overview of the Relevant Case law) Ivaylo Dimitrov[1] Abstract The in-house exception has been unexplored in Bulgarian literature which may be explained by the lack of legislative rules on the matter, at least before the latest amendment of the Public Procurement Act in force since July and October 2014. The fact that in-house rules...
(Judgment of the Court of Justice of the EU in Case C‑385/12, Hervis Sport- és Divatkereskedelmi) Viktoriya Petrikova [1] The article examines the approach of the CJEU to de facto discrimination in the context of a request for a preliminary ruling concerning the interpretation of Articles 49 and 54 TFEU by a Hungarian court....
Illegally staying third-country nationals – conditions for detention, form of the administrative measures, and scope of the judicial review. (Judgment of the Court of Justice of the EU in Case C 146/14 PPU, Mahdi) Plamena Slavova[1] The Judgment has been issued by the Court of Justice of the European Union (the CEU) on...
Judgment of the Court of Justice of the European Union in cases C-58/13 and C-59/13, Torresi Veneta Gaydardzhieva The present analysis discusses the application of Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (Directive) regarding...
Case C- 274/12 P, Telefónica SA/Commission Gabriela Edreva[1] Ever since the Plaumann case[2], the CJEU’s strict understanding of the standing of natural and legal persons to challenge EU acts, has been subject to strong criticism. One of the most eagerly awaited changes brought about by the Treaty of Lisbon was the introduction in a...
(Decision of the Court of the EU in cases C-201/11 P, C-204/11 P and C-205/11 P, UEFA and FIFA/ EU Commission) Hristo Kirilov [1] The article examines the scope of the control effectuated by the European Commission under the Audiovisual Directive [2] over the national lists of events of major importance for the...
Arrêt de la Cour de justice de l’Union européenne (cinquième chambre) du 28 novembre 2013 dans l’affaire Conseil de l’Union européenne contre Manufacturing Support & Procurement Kala Naft Co., Tehran (C-348/12 P) Jénya Grigorova [1] L’arrêt dans l’affaire Kadi I[2], loué par certains, critiqué par d’autres, a indiscutablement ouvert la porte pour toute une...
Todor Kolarov and Yulian Razpopov The legal instruments for freezing and forfeiture of illegally acquired assets from third parties are of prime importance for the success of asset recovery. It is established that criminals tend to transfer illegally gained wealth to third parties – legal entities and individuals – to put it off the...
Part II Dr Alexander Kornezov[1] Introduction Part I of this Article examined the compatibility with EU law of relevant Bulgarian legislative acts transposing Directive 2004/38/EC,[2] Directive 93/109/EC[3] and Directive 94/80/EC[4] into national law.[5] Part II focuses on the case law of Bulgarian courts on Union citizenship matters. It will first delve into the application,...
Cecilia Malmström EU Commissioner for Home Affairs [1] A Common European Asylum System I will focus on a fundamental right that is very close to my heart, one that is easy to proclaim in theory, but more complicated to defend in practice: the right to asylum. I have dedicated a large part of my...