Yearbook of the Law Department

The Case-law of the European Court of Human Rights Regarding the Protection Against Discrimination in the Field of Labour and Social Rights

Ivaylo Staykov — 2023-12-30

The study analyses the case-law of the European Court of Human Rights regarding the protection against discrimination in the field of labour and social rights. The emphasis is on the Court's application of the provisions of Article 14 of the European Convention on Human Rights, as well as Protocol No. 12 to it.

External Dimension of Constitutionalisation of the Rule of Law and Human Rights

Deyana Marcheva — 2023-12-30

The rule of law and the protection of human rights have emerged as the cornerstone of the European Union's law and policies particularly in the context of East-ward enlargement. This process has not only served as a "laboratory" for the transformation of candidate countries but has also triggered changes significant in the European Union itself, contributing to its "constitutional awakening". Bulgaria's accession to the Council of Europe and the EU brought about a profound structural shift in its constitutional paradigm, fundamentally altering the understanding and implementation of the rule of law and human rights protection. In this context, it is essential to reevaluate the traditional template of Westphalian constitutionalism in Bulgaria and to recognize the external dimension of principles' constitutionalization as an "anchor" that will keep Bulgaria's democracy, rule of law, and human rights stable despite internal and external turmoil.

The Bulgarian Commission for Protection against Discrimination as a National Jurisdiction within the meaning of Article 267 of the TFEU - History and Prospects

Katerina Yocheva — 2023-12-30

The subject of analysis in the study are the conditions that a national authority should meet in order to meet the requirements for "national jurisdiction", which can make reference to the Court of Justice of the EU (CJEU) within the framework of a preliminary ruling procedure under Article 267 TFEU. In particular, under consideration is the possibility of the Bulgarian Commission for Protection against Discrimination to receive recognition as a national jurisdiction upon fulfilment of the established by the CJEU conditions. For this purpose, the practice of the Commission for Protection against Discrimination itself in this regard is examined, as well as the opinion of the CJEU on the matter. The prospects for changing the current situation are also discussed in view of the amendments to the Statute and the Rules of Procedure of the EU jurisdictions, under which competences in the framework of the preliminary ruling procedure are partially granted to the General Court, as of 1 October 2024.

The Concept of Dominance Under Bulgarian Competition Law

Emilia Dimitrova — 2023-12-30

his paper discusses the definition of dominance in Article 20 of the Bulgarian Competition Protection Act. It is linked to the question of the concept of dominance chosen as the conceptual basis for the interpretation of Article 20 of the Bulgarian Competition Protection Act. It is submitted that the meaning of dominance in the Bulgarian competition law and practice is far from clear.

Comparison and Distinction Between the Indirect Sales Representative and the Commission Agent

Ivaylo Malinov — 2023-12-30

In this article, an attempt is made to make a theoretical and practical distinction between two figures that are very close in their legal essence: that of the indirect sales representative and that of the commission agent. The comparison of the two institutes will also be carried out on the basis of the judicial practice accumulated over the years on their application.

Content of Workers' Representation Under the Labour Code

Maria Chochova — 2023-12-30

The paper examines the rights and obligations of the representatives of workers and employees under Article 7, paragraph 2 and Article 7a of the Labour Code. The provisions establishing them have been analyzed in detail, the corresponding conclusions and proposals de lege ferenda have been made.

Constitutional Control, Protection of Fundamental Rights and Freedoms and the Sixth Amendment to the Constitution of the Republic of Bulgaria

Stoil Molloff — 2023-12-30

The article traces the changes in the access to constitutional justice, adopted with the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria (promulgated SG Nº106 of 22.12.2023), as well as the subsequent Decision No13 of 26 July 2024 on constitutional case Nº1/2024 of the Constitutional Court. The expansion of the application of direct and indirect constitutional control and the continued abstention of the constitutional legislator from the introduction of an individual constitutional complaint are examined.

Legal and Historical Overview of LGBTIQ+ Rights in the 19th and 20th Centuries on the Territory of the Republic of Bulgaria

Filip Samuilov — 2023-12-30

The aim of this study is to challenge the stereotypes that non-heterosexual orientation and various gender identities are not manifestations of either a “decadent West” or a passing trend. On the contrary, heterosexism and homophobia intensified and became dominant doctrines during the 19th and 20th centuries, even in societies where same-sex relationships were not initially criminally persecuted. In my legal-historical analysis, I focus not only on the period after the restoration of Bulgarian statehood following the adoption of the First Constitution in 1879 but also on the time before that, when Bulgarian society existed within the boundaries of the Ottoman Empire during the Tanzimat era. An important moment for the analysis is the decriminalisation of same-sex relationships in 1858 in the Ottoman Penal Code. I will also provide examples from the development of Bulgarian criminal law, which often included provisions criminalising sexual contacts between individuals of the same sex.

Editorial

Editorial Board — 2023-12-30

List of Abbreviations