Manifestations of Force Majeure in a State of Emergency Declared in Bulgaria

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Momchil Ivanov
Keyword(s):  
Current Issue ◽  
The State ◽  
State Of Emergency ◽  
Force Majeure ◽  
The Law

The article addresses the current issue of the manifestations of force majeure in the state of emergency in Bulgaria, declared in 2020. The emphasis is on the Law on Measures and Actions during the state of emergency and on overcoming the consequences and orders of the Minister of Health as manifestations of force majeure by analysing its essential features according to Article 306 of the Bulgarian Law on Commerce. A distinction has been made between these forms of force majeure and economic intolerance.

German Constitutional Law and Doctrine on State of Emergency – Paradigms and Dilemmas of a Traditional (Continental) Discourse

2006 ◽  
Vol 7 (5) ◽  
pp. 453-477 ◽  
Author(s):  
András Jakab
Keyword(s):  
Constitutional Law ◽  
Current Issue ◽  
German Literature ◽  
Legal Discourse ◽  
The State ◽  
Legal Issues ◽  
State Of Emergency ◽  
The Law ◽  
German Constitutional Law ◽  
Academic Debate

A foreign jurist, on looking into the German literature on constitutional law, will soon and suddenly be struck by a peculiarity of this scholarship: the unusually strong emphasis on a marginal area of constitutional law, namely, the state of emergency. The inquiry is, of course, well-known in other countries, but the passion for, and the theoretical effort expended on, this marginal area is unique to Germany.However, this disinterest on the part of other constitutional lawyers, and the recent decline in interest on Germany's part, could yet change, turning the marginal area into a highly current issue. Combating terrorism raises questions for which the German patterns of argumentation, fine-tuned in the academic debate on the law of state of emergency, may provide a useful framework for discussion. The questions arising in the context of the struggle against terrorism test the limits of positive regulations in extreme situations, leading ultimately to the same underlying dilemma as the law on state of emergency, though with different terminology. In this sense, the constellation of legal issues involved in combating terrorism could be considered as the law on state of emergency “incognito.” However, the various argumentative patterns for law on state of emergency have not yet been directly transferred into the very timely legal discourse on counterterrorism (and no such attempt is made here), but such a transfer of argumentation suggests itself. As such, the topic has a “potential currency,” even if traditional issues of state of emergency themselves no longer count among the most current issues.

FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS

2018 ◽  
Vol 1 (12) ◽  
pp. 179-190
Author(s):  
Mariya Zinovievivna Masik
Keyword(s):  
Risk Management ◽  
The State ◽  
Financial Risks ◽  
Contract Negotiations ◽  
The Public ◽  
Political Risks ◽  
Force Majeure ◽  
Investment Agreement ◽  
The Law ◽  
Partnership Agreement

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

scholarly journals La Constitution Algerienne De 1989: Une Passerelle Entre le Socialisme Et L’islamisme?

Afrika Focus ◽  
1991 ◽  
Vol 7 (3) ◽  
pp. 241-282
Author(s):  
Dirk Beke
Keyword(s):  
Party System ◽  
The State ◽  
Political Regime ◽  
Socialist Revolution ◽  
Political Responsibility ◽  
State Of Emergency ◽  
National Assembly ◽  
Fundamental Freedoms ◽  
The Law ◽  
The Government

The Algerian Constitution of 1989: A Bridge Between Socialism and Islamism? The riots of october 1988, the most violent uprising since independence against FLN-rule, forced president Chadli Bendjedid to accelerate and to extend the constitutional reforms announced earlier. An adaption of the constitutional law to the ongoing economic liberalization-process had become a necessity, but the popular pressure now not only asked economic changes, but also profound political reform. The new constitutional text was rapidly elaborated by a small circle of persons around the President and then submitted directly to a popular referendum. In contradiction with the procedure fixed by the previous constitution, the National Assembly was not involved nor even consulted. The constitution of 1989 generates an entirely new political regime. The word “socialism”, basis of the official doctrine since independence and largely confirmed by the provisions of the constitution of 1976, is banned completely. The new constitution also provides for the political responsibility of the Head of the Government and the members of the Government to the National People’s Assembly, and not any more to the President only. In the chapter on fundamental freedoms and the rights of man, it is explicitly provided that the State guarantees the right to form political associations. This new timorous formulation entails the end of the one-party system and the FLN’s exclusive hold on power. Some basic principles remain: Algeria is still considered a popular democratic state. Islam is the state religion and the official language is Arabic. No reference is made to the Berber language or culture. New is that the exercise of the guaranteed fundamental freedoms and rights can not be submitted any more to the imperatives of a socialist revolution. It is also stated that judges only obey to the law, they are not submitted any more to the revolutionary legality. A Constitutional Council is created to ensure that the constitution is respected but citizens have no right to submit a case, only the President and the President of the Assembly have. The tasks of the army are limited to safeguard the national independence and sovereignty,•the army has no duties any more to safeguard the socialist revolution. The introduction of a responsible Government affects the presidential powers only in a minor way. The President presides over the Council of ministers, where bills are discussed. The President can ask the Assembly for a second reading of a law and this new vote requires a two-thirds majority. Only the President has the initiative for a constitutional revision. The President chairs a number of other councils. Finally the declaration of the state of emergency is depending only on the decision of the President; this attributes him large exceptional powers. Thus, the constitution of 1989 confirms a strong presidential regime but on the other hand it has introduced a real multi-party system in Algeria. More than 20 political parties are recognised. During the local elections of 1990 the ruling FLN was defeated in most places by a massive victory of the islamic fundamentalist party, the FIS. A new electorial law, voted by the - still exclusive FLN - National Assembly beginning 1991, had to ensure a better result for the FLN during the forthcoming first free national elections. In June 1991 violent and even armed protest, organised by the fundamentalists against the law forced president Bendjedid to postpone elections, to declare the state of emergency but also to promise early presidential elections. Meanwhile many fundamentalists, and between them the main party-leaders, were arrested. The army played a crucial role in reestablishing public order and as a consequence gained more importance, but there were no signs that it exceeded its authority. Under present difficulties one wonders whether the constitution of 1989 will help to create a representative democratic multi-partyism, with an equitable liberal economy, whether it will help to open the way for a regime dominated by islamic fundamentalists?

AFECTACION DE LA CONMUTATIVIDAD DE LOS CONTRATOS DE OBRA EN EL DECRETO LEGISLATIVO 1486 Y LA DIRECTIVA N° 05-2020-OSCE

SCIENTIARVM ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 13-17
Author(s):  
MARIA ISABEL MAGALY TAPIA OREJÓN ◽  
Keyword(s):  
Key Words ◽  
The State ◽  
Normative Document ◽  
State Of Emergency ◽  
The Public ◽  
The Law ◽  
Work Contract

ABSTRACT: The State Procurement Supervisory Agency has begun the reactivation of the works, according to the second transitory supplementary provision of Legislative Decree No. 1486 and Resolution No. 061-2020-OSCE / PRE that approves Directive No. 05- 2020-OSCE; In order to formalize the reactivation of the works paralyzed by the COVID-19 State of emergency, they are mandatory, both for the entity and for the contractor, the latter must submit its request for an extension of the exceptional term of the work contract, quantifying the The term required for the completion of the work and the total amount of the costs for the activities pending execution, the COVID-19 sanitary protocol, not foreseen at the time of signing the work contract. The budget for this exceptional term extension will have the same work budget, the public treasury will not disburse a budget. For the reactivation of the paralyzed works, the modification of the initial contractual conditions agreed between the contractor and the entity is indisputable. Provided in Art. 34.1 the origin of the modification and Art. 34.10 other modifications of the Law on State Procurement, this amendment has not been considered by the OSCE Directive. In this sense, the article intends to describe the implications of the provisions of the OSCE Directive in the work contract and determine that this normative document violates the commutativity of the contract that appears was agreed between the parties -the entity and the contractor- for the execution of the work. Key words: Contract, Commutativity, Modification, Legislative Decree No. 1486, Directive No. 05-2020-OSCE, COVID-19

Special Provisions of the Act on Measures and Actions at the State of the Emergency Announced by a Decision of the National Assembly as of 13.03. 2020 in the Field of Taxation in the Republic of Bulgaria

De Jure ◽  
2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Sasho Penov ◽  
◽  
◽  
Keyword(s):  
The State ◽  
Executive Power ◽  
State Of Emergency ◽  
National Assembly ◽  
Tax Legislation ◽  
Tax Deductions ◽  
The Law ◽  
The Republic

An Act on the Measures And Activities At The State Emergency was adopted by the Parliament in relation to the growing pandemic COVID-19 in March 2020 and announced by a decision of the National Assembly on 13.03.2020. The act stipulates the measures and actions to be taken by the executive power, employers and appointing authorities, as well as the enactment of provisions of different legal acts and individual administrative acts during the state of emergency. The construction of the law consists of general provisions and transitional and final provisions. In the part of the transitional provisions of the act are included specific rules which expressly rearrange the enactment and application of certain provisions of the current tax legislation. The article discusses the the content of these norms and some debatable issues which they raise. Based on the purpose of the law, as derived by the motives of its bill and its content, it may be concluded that these specific rules implement tax deductions only on particular taxes and for a limited circle of taxpayers. Different possible interpretations are discussed when comparing the general norms of the law and the special provisions for tax matters.

scholarly journals Judicial oversight and the impact of laws to prevent liability

2020 ◽  
Vol 9 ◽  
pp. 259-270
Author(s):  
Median Jamal Al Mahasneh ◽  
Mohamad Baraa Basel Abuanzeh
Keyword(s):  
The State ◽  
Customary Law ◽  
Administrative Authority ◽  
Martial Law ◽  
State Of Emergency ◽  
Legislative Authority ◽  
Executive Authority ◽  
The Law ◽  
The Right ◽  
The Impact

The authority based on martial law or the state of emergency is accustomed to issuing legislation that works to prevent the judiciary from considering its actions that are in implementation of the customary law, and that is either during the establishment of exceptional circumstances or after its expiry meaning that it prevents individuals from resorting to the judiciary to challenge their exceptional authority Authorized to it according to the texts governing the exceptional circumstances (). The most dangerous thing that the legislative or executive authority usually does regarding a state of emergency is what it issues from laws or instructions called the laws of inclusive (laws of lifting responsibility) even though the correctness of its name in estimating some of them should be the laws of exemptions from implications (). This is because this immunization according to these laws will inevitably lead to the inability of any victim to resort to the judiciary, in the event that those who implement martial law or the state of emergency exceed their competences entrusted to them under exceptional circumstances. The Raising the Liability Law or the Implications Law is defined as legislation whose purpose is to legitimize actions that were at the time of their unlawful act, and to exempt the persons who are subject to them from the responsibility of assaulting the law, and this is what Jordan and other countries followed like France and Egypt, and that was in times of declaring martial law and a state Emergency. The methods of immunization vary and its extent varies, it may be partially preventing the appeal of cancellation or requesting the suspension of the implementation of the administrative decision only, so individuals are permitted to even seek compensation for the damage caused by the immune decision, and it may be totally, thus giving the administrative decision total immunity, whether in terms of cancellation or suspension of execution or Compensation, and it may be an absolute immunization, as it stipulates that the decision may not be appealed in any way of appeal before any judicial or administrative authority, and the immunization may be proportional, that is, with regard to preventing the appeal of the decision before the judiciary with the assignment of jurisdiction in relation to it to an administrative authority or committee, In terms of the immunization tool, it may be either by a law issued by the legislative authority, and this is the overwhelming majority, and it may be inferior to the law, such as regular systems such as customary management instructions in Jordan .   In this paper, I will discuss the position of the judiciary in Jordan and the comparative judiciary regarding these legislations. To determine the impact of these laws on the right of individuals to seek legal redress when they are harmed through two topics:

scholarly journals Some questions on the law on the state of emergency

2021 ◽  
Vol 16 (2) ◽  
pp. 101-109
Author(s):  
Maria Chochova
Keyword(s):  
The State ◽  
State Of Emergency ◽  
National Assembly ◽  
Time Periods ◽  
The Law ◽  
Court Proceedings ◽  
Labour Legislation ◽  
Labour Disputes

The article analyses two provisions of the Law on Measures and Actions in the State of Emergency, declared with the decision of the National Assembly of 13th March 2020, providing for suspension and extension of time periods provided in the legislation. The analysis is focused on examples based on the review of the labour legislation. The issue of suspended court proceedings on some labour disputes – until the end of the state of emergency – is also discussed.

scholarly journals The Algerian Constitution of 1989: a Bridge between Socialism and Islamism?

Afrika Focus ◽  
1991 ◽  
Vol 7 (3) ◽  
Author(s):  
Dirk Beke
Keyword(s):  
Party System ◽  
The State ◽  
Political Regime ◽  
Socialist Revolution ◽  
Political Responsibility ◽  
State Of Emergency ◽  
National Assembly ◽  
Fundamental Freedoms ◽  
The Law ◽  
The Government

The riots of October 1988, the most violent uprising since independence against FLN-rule, forced president Chadli Bendjedid to accelerate and to extend the constitutional reforms announced earlier. An adaption of the constitutional law to the ongoing economic liberalization-process had become a necessity, but the popular pressure now not only asked economic changes, but also profound political reform. The new constitutional text was rapidly elaborated by a small circle of persons around the President and then submitted directly to a popular referendum. In contradiction with the procedure fixed by the previous constitution, the National Assembly was not involved nor even consulted. The constitution of 1989 generates an entirely new political regime. The word "socialism", basis of the official doctrine since independence and largely confirmed by the provisions of the constitution of 1976, is banned completely. The new constitution also provides for the political responsibility of the Head of the Government and the members of the  Government to the National People's Assembly, and not any more to the President only. In the chapter on fundamental freedoms and the rights of man, it is explicitly provided that the State guarantees the right to form political associations. This new timorous formulation entails the end of the one-party system and the FLN's exclusive hold on power.Some basic principles remain: Algeria is still considered a popular democratic state. Islam is the state religion and the official language is Arabic. No reference is made to the Berber language or culture. New is that the exercise of the guaranteed fundamental freedoms and rights can not be submitted any more to the imperatives of a socialist revolution. It is also stated that judges only obey to the law, they are not submitted any more to the revolutionary legality. A Constitutional Council is created to ensure that the constitution is respected but citizens have no right to submit a case, only the President and the President of the Assembly have. The tasks of the army are limited to safeguard the national independence and sovereignty; the army has no duties any more to safeguard the socialist revolution. The introduction of a responsible Government affects the presidential powers only in a minor way. The President presides over the Council of ministers, where bills are discussed. The President can ask the Assembly for a second reading of a law and this new vote requires a two-thirds majority. Only the President has the initiative for a constitutional revision. The President chairs a number of other councils. Finally the declaration of the state of emergency is depending only on the decision of the President; this attributes him large exceptional powers. Thus, the constitution of 1989 confirms a strong presidential regime but on the other hand it has introduced a real multi-party system in Algeria. More than 20 political parties are recognised. During the local elections of1990 the ruling FLN was defeated in most places by a massive victory of the islamic fundamentalist party, the FIS. A new electorial law, voted by the - still exclusive FLN - National Assembly beginning 1991, had to ensure a better result for the FLN during the forthcoming first free national elections. In June 1991 violent and even armed protest, organised by the fundamentalists against the law forced president Bendjedid to postpone elections, to declare the state of emergency but also to promise early presidential elections. Meanwhile many fundamentalists, and between them the main party-leaders, were arrested. The army played a crucial role in re- establishing public order and as a consequence gained more importance, but there were no signs that it exceeded its authority. Under present difficulties one wonders whether the constitution of 1989 will help to create a representative democratic multi-partyism, with an equitable liberal economy, whether it will help to open the way for a regime dominated by islamic fundamentalists?KEY WORDS: Algeria, constitution, internal politics 

scholarly journals Legal Aspects of the State of Emergency versus the Fundamental Rights and Freedoms of the Citizen

2020 ◽  
Vol 8 (2) ◽  
pp. 35-43
Author(s):  
Gabriela Nemtoi ◽  
Eugenia Gabriela Leuciuc
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Fundamental Rights ◽  
Legal Regime ◽  
State Of Emergency ◽  
Legal Provisions ◽  
The Law ◽  
Fundamental Rights And Freedoms ◽  
Constitutional Meaning ◽  
Emergency Measures

In Romania, the state of siege and state of emergency is regulated by GEO no. 1/1999 approved by Law no. 453/2004 of the Romanian Parliament. The emergency ordinance expressly provides that the decree of the President of Romania on the establishment of a state of emergency or state of siege must provide for first-line, emergency measures to be taken in such situations, namely the fundamental rights and freedoms whose exercise is restricted, within the limits of the constitutional provisions and of the emergency ordinance. In relation to the above constitutional and legal provisions, arises the question what does it mean that the President establishes, according to the law, the state of siege or emergency? What is the constitutional meaning of the phrase "establish, according to the law"? Does it refer to the fact that the President has only the power to declare a state of emergency or a state of siege, under the subsequent control of a Parliament which enjoys only the power to approve the measure? Or does it refer to the fact that the President has the competence to implement / execute the provisions of the law that establishes the legal regime of the state of siege or of the state of emergency in Romania? In this context, it is necessary to look at the limits of the fundamental rights and freedoms of the citizen in the event of a state of emergency.

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