FACULTY OF LAW -...

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Faculty of Law, Sofia University St. Kliment Ohridski

COURSE LIST FOR THE INCOMING ERASMUS STUDENTS

2019/2020 ACADEMIC YEAR

FACULTY OF LAW

Faculty coordinator: Assoc. Prof. Martin Belov, [email protected]

Course

code

Course

title in English

Language

of

instruction

Course

offered to

BA/MA/PhD

Course

duration

(winter/

summer

semester/

full year)

EC

TS

Workload

Lecturer/s

E-mail/s

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ture

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Exer

cise

s/S

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Supranational

Constitutionalism

English BA/MA/PhD winter 5 45 - Assoc. Prof.

Martin Belov

[email protected]

Short description of the course

The course “Supranational Constitutionalism” aims at introducing the fundamental concepts, paradigms and normative ideologies concerning the global

and supranational constitutionalism in general and the EU constitutionalism in particular. It provides an analysis of both the theoretical background and the

legal basis for the emergence and development of supranational and global constitutionalism.

The first part of the course (questions 1-9 of the synopsis) is devoted to the theory of supranational and global constitutionalism. The course commences

with presentation of the concept of constitutionalism in its classical and traditional version. On that basis some post-Westphalian concepts such as multilevel

constitutionalism and global constitutionalism are presented. The multilevel constitutionalism and the constitutional pluralism as the two main scientific

paradigms striving at explanation of the current processes of vertical pluralization of the public power leading not only to proliferation of the power levels

but also inducing structural changes in the power scheme and the constitutional geometry are going to be explained.

mailto:[email protected]


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The main trends and issues in the development of constitutionalism on sub-national, national, supranational and global level produced by the globalization

are going to be discussed. The challenges to the Westphalian constitutionalism produced by the emergence of supranational and global constitutionalism

are going to be presented. Special emphasis will be put on the crisis of hierarchy as explanatory and normative paradigm with important implications on

the system of sources of law and the institutional systems of the states and the EU. The emergence of financial constitutionalism on EU and global level as

one of the main novelties in the constitutional law domain during the last years will also be presented. Last but not least, the limitations to the development

of supranational and global constitutionalism are going to be critically analyzed.

The second part of the course (questions 10-23 of the synopsis) is devoted to the EU as an organization with developed supranational constitutionalism.

The institutional design of the EU, the specific features of its constitutional infrastructure as well as key challenges to its adequate functioning are going to

be presented. The constitutionalism of the EU is analyzed in the context of the challenges created by the global constitutionalism and the global governance,

from the one side, and by the reemergence of the nationalism, on the other hand.

The challenges to constitutional democracy created by the emergence of EU supranational constitutionalism as well as of global constitutionalism are

differentiated into three groups. The first group comprises challenges stemming out of the crisis of representation and the crisis of party democracy. The

classical concepts of representative, direct, participatory and deliberative democracy will be explained in the light of the debate on the democratic deficit

in the EU. The impact and the role of the direct democracy on the EU integration will be thoroughly examined. Special emphasis will be put on three types

of referenda: referenda for ratification of reforms of the primary EU law, referenda for EU membership or EU secession and referenda for key policies (e.g.

migration or financial policies). In that regard also the Brexit referendum and its consequences on the future of Europe will be analyzed and discussed.

The second group concerns the challenges produced by deficiencies in the institutional design of the EU. The accent will be put on the relations between

Parliament and government in the multilevel constitutionalism of EU as well as on the emergence of deparlamentarisation and executive federalism which,

according to some authors, may even lead to post-parliamentarism.

The third group of issues, which is intrinsically interconnected with the first two groups of problems, tackles the challenges stemming out of expert based

models of governance. The analysis here concentrates on agencification, comitology and the increased political role of courts having its projections in

phenomena such as judicial dialogue, judicial cross-fertilization and jurisprudential shaping of the constitutional identity. Finally, the constitutional future

of the EU is going to be discussed.

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Comparative

Constitutional Law

English BA/MA/PhD winter 5 45 - Assoc. Prof.

Martin Belov

[email protected]


The course “Comparative Constitutional Law” aims at presenting to the students the main concepts, paradigms and trends with regard to the institutional

design of the modern constitutional systems in comparative legal perspective. The course is based on institutionalist approach while at the same time taking

into account the socio-legal context in which the constitutional institutions are allocated as well as their functional proximities. The course is devoted to

the presentation of the historical origins, the current legal outlook and the contemporary challenges and trends of the comparative constitutional design.

The teaching will be focused predominantly on the EU member states. However some of the most important or most interesting non-EU constitutional

systems such as the US, the Russian and the Swiss systems will also be taken into consideration.

The course commences with presentation of the form of governance and the form of territorial distribution of power as constitutional models for distribution

and allocation of public power and constitutional functions and competences among constitutional institutions. The absolute, constitutional, constitutional,

constitutional-parliamentary and parliamentary monarchies as well as the elective and hereditary monarchies will be explained. The same holds true for the

different forms of the republic – the parliamentary, hybrid parliamentary, semipresidential, presidential and superpresidential republics.

Furthermore the different forms of unitary states and federations are going to be explored. The unitary state with local self-government, the unitary states

with regionalism, autonomies and devolution as well as the symmetric and asymmetric, competitive and cooperative, centralized or typical federations are

going to be presented. The comparative analysis of the different forms of government and forms of territorial distribution of power will be preceded by the

explanation of the typical characteristics of each of these constitutional models. The presentation of the framework outlook and the comparative

classification will be exemplified with the most typical examples that illustrate the specificities of each of the constitutional prototypes.

The second part of the course is devoted to the comparative presentation of the most important state institutions as well as of the institutions of the public

sphere. The constitutional instruments for citizens’ participation and political engagement of the citizens – forms of direct democracy, elections and political

parties will be analyzed. Comparative classification of the forms of direct democracy (citizens’ initiatives, referendums etc.) as well as the electoral systems

will be provided.

Furthermore the comparative institutional design of the central institutions of the state – the Parliament, the government, the head of state and the institutions

for constitutional control – will be explained in detail. The emphasis of the teaching will be put on the status, structure, functions and competences of these

constitutional institutions. The constitutional reception and transplantation of institutions, principles and ideas via “judicial dialogue” and “judicial cross-

fertilization” and the use of comparative legal arguments and foreign judicial practice by the Constitutional Courts will also be explored. Attention will be

given also to the problems of the constituent power and the comparative models for constitutional amendment.


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Last but not least, the constitutional features of the EU will be analyzed. This will be done in the context of the debates on the supranational and global

constitutionalism and on the constitutionalization of the international law. Special emphasis will be put on the different scientific paradigms and

constitutional models for explaining the emergence and development of EU constitutionalism (e.g. multilevel constitutionalism and constitutional

pluralism). The uneasy interplay between federalist tendencies and democracy and rule of law in the EU will also be addressed.

International

Investment (with

Emphasize on

Eastern Europe)

English MA Winter 5 45 - Assoc. Prof. Ivan

Stoynev

[email protected]


The course deals with the notion of international investment, types and sources for legal regulation. The international investment contracts as well as the

international investment process attract the attention too. One of the most important topics is the transnational corporations (TNC) as main actors of the

international investment process. The principles on which they do their business as well the structure and various aspects of their activities are discussed.

The principle of protection of foreign investment and system of guaranties for the investment are clarified. The role of the bilateral investment treaties

(BITs) and their impact on Eastern European countries’ investment climate is revealed. The incentives as well as the obstacles for foreign investment are

discussed. The course deals at its end with the new approach of the EU towards foreign direct investment after the Lisbon Treaty.

Roman Private

Law

French;

Italian

BA/MA summer 5 45 - Prof. Dr. Scient.

Malina

Novkirishka

[email protected]


Droit romain privé. On présent les institutions du droit romain privé concernant le droit des personnes, droit de famille, droits réels, les obligations et les

contrats, l'hérédité et la procédure civile. Le cours est tenu individuellement avec les étudiants d'Erasmus qui rédigent une thèse sur un thème selon le

plan des études.



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Roman Public Law French;

Italian.

BA/MA summer

semester

5 45 - Prof. Dr. Scient.

Malina

Novkirishka

[email protected]


Droit romain public. On présente les différents aspects de droit public romain) organisation du gouvernement et de l'administration, droit militaire, droit

et procédure pénale, droit fiscal, droit sacré, droit internationale, procédure civile. Le cours est tenu individuellement avec les étudiants d'Erasmus qui

rédigent une thèse sur un thème selon le plan des études.

Modul/Veranstaltu

ng: Europäisches

Strafrecht

Deutch BA/MA winter 5 45 - Prof. Plamen Panayotov [email protected]

Short descripti on of the course

Umfang: 45 akademische Stunden Vorlesungen.

Studiengang: Rechtswissenschaften.

Lehrstuhl: Strafrecht.

Lehrstuhlinhaber und Dozent: Prof. Dr. Plamen Panayotov.

Art der Bewertung: mündliche Prüfung.

Annotation:

Das Strafrechtssystem des jeweiligen EU-Mitgliedstaates hat als grundlegende Quellen Normen des positiven Rechts aus drei Rechtsordnungen: nationales

Recht, Völkerrecht und Recht der Europäischen Union.

Die Veranstaltung bietet die Möglichkeit einer eingehenden Auseinandersetzung mit dem Strafrecht der Europäischen Union.

Veranstaltungsplan:

Thema 1. Kompetenz der EU auf dem Gebiet des Strafrechts - 5 Stunden.

Thema 2. Der Begriff des Europäischen Strafrechts. Primäres und sekundäres Europäisches Strafrecht – 6 Stunden.



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Thema 3. Grundbereiche der strafrechtlichen Kompetenz der EU – 18 Stunden.

Thema 4. Grundsätze bei der Anwendung des EU-Rechts auf dem Gebiet des Strafrechts - 8 Stunden.

Thema 5. Hauptformen der Beeinflussung des nationalen Strafrechts durch das EU-Recht – 8 Stunden.

European Private

International Law

English BA/MA Winter 5 45 - Assoc. Prof.

Borjana Musseva

[email protected]

m


This course analyzes the rules of private international law, including the conflict-of-laws rules and the rules of international civil procedure, to be found

in EU. It aims to provide the students with basic knowledge about the judicial cooperation in civil matters between the authorities of EU Member States.

This cooperation seeks to eliminate the obstacles deriving from the incompatibilities between the various legal systems, and thus facilitate access to

justice. It contributes to the area of justice, freedom and security, as governed by the Treaty on the Functioning of the European Union.

Within the subject there are different topics to be considered, especially the rules on international jurisdiction, the regulation of conflict of laws, the

recognition and enforcement of foreign judgments and the procedure of service of documents and taking of evidence. The topics are taught from the point

of view of the Law of the European Union. In doing so references are made to the Bulgarian legal framework, as well as to the case law of the European

Court of Justice.

Public Finance.

Financial

Management and

Control of EU

Funds

English BA/MA/PhD winter 5 45 - Dr. Savina

Mihaylova-

Goleminova

[email protected]

sofia.bg


The Course aims to provide students with basic knowledge on Public Finances of the European Union and Financial Management and Control of EU

Funds, Financial System of the European Union and the Coordination between European Financial system and Financial System of the Member State,

presenting best practices and examples from Bulgaria. It deals with some Constitutional Aspects of Public Finances. Public Relations which arise, develop





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and are settled within the system of Public Finances and Financial System of the European Union/Member State, including the Financial Management and

Control of EU Funds are hence presented from two points of view: (1) as an Aggregation of Public Legal Relations related to Management and Control;

(2) as the System of State Authorities carrying out Financial Activities. The aim is to provide both theoretical and practical knowledge, including knowledge

on the case law of the ECJ. The best practices of public investments in projects, funded by EU funds in Bulgaria are provided at the end. The course

provides students with systematized knowledge, skills, experience and ability to act, in both theoretical and practical aspect. The course fosters the

accumulation of theoretical knowledge and the development of practical skills by employing a variety of methods, means and resources aimed at achieving

quality education. The Main Topics are:

1. The Legal and Institutional Framework of the Public Finances. EU Policies. Strategic Documents of the European Union and Member States.

2. Multiannual Financial Framework. Annual Budget of the European Union. Preparation, Adoption and Implementation of the National Budgets: the case of Bulgaria.

3. Revenue and Expenditure part of the EU Budget. Types of Revenue and Expenditure.

4. Audit and Control over the Implementation of the EU budget and the Member State. Role of the European Court of Auditors and the National Court of Auditors. Other

control authorities.

5. Legal regime of the European Central Bank and the National Central Banks. Bank Supervision. Unified Supervision Mechanism. Role of Financial and Credit Institutions.

European Investment Bank, European Investment Fund, European Bank for Reconstruction and Development.

6. General Characteristics of Public Legal Relations within the System of Public Funds from EU funds. Management and Control of Funds under the Common Agricultural

Policy (CAP) and Cohesion Policy. Institutional and legal framework. Beneficiaries.

7. Assessment of Conformity with Legislation in the Field of State Aid and Implementation of the State Aid Regime. Institutional and Legal Framework.

8. Public Procurement, Irregularities and Financial Corrections applicable to expenditure financed by the Union under shared management in the case of non-compliance

with the rules on public procurements. Legal framework.

9. The role of Financial and Credit Institutions in the Absorption of ESI Funds. Financial Instruments under ESIF. Synergies of Juncker Plan/EFSI and ESI Funds.

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Issues of Modern

Jurisprudence

English BA/MA winter/

summer

5 45 - Ass. Prof. Dilyan

Nachev

[email protected]


The “Issues of Modern Jurisprudence” course tends to introduce students to several major writers in legal theory, such as, Hans Kelsen, H.L.A. Hart,

Ronald Dworkin, John Finnis, Lon Fuller and some of their best-known ideas and theories. It has for main purpose to help law students develop the

ability to analyze and to think critically about the law. The course tries to answer some of the ever-lasting central questions of Jurisprudence, e.g. “What

is Law?”, “What is the purpose of the Law?”, “How do judges solve legal cases?”, “What different sorts of legal standards exist and what are the main

criteria of distinction?” etc.

European Union Tax

Law

English BA/MA winter 5 45 - Assoc. Prof.

Evelina Dimitrova

[email protected]


EU Tax Law is a programme with a focus on either direct taxation, indirect taxation and State Aid in the field of Taxation. This programme is designed

to provide the students with a broad and in-depth knowledge of EU Tax Law, giving them a firm grasp of key European case law and fundamental legal

concepts. At the same time, the students will develop an insight into the relationships and interactions between different aspects and concepts of EU Tax

Law. The courses included in the programme are: Introduction to Taxation and the Internal Market; EU Competences, Institutions and Procedures in the

Field of Taxation; General Principles of EU Law; Direct Tax Coordination and Harmonisation: analysis of the steps undertaken to harmonise European

fiscal system; EU Directives in the Field of Taxation; Coordination of Tax Policies within the EU; The Role of the Fundamental Freedoms; Indirect Tax

Coordination and Harmonisation; Fiscal State Aid; Current Issues in EU Tax Law.



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Constitutional

Review within EU

English BA/MA Summer

winter

5 45 - Prof.Mariana

Karagyozova-

Finkova

[email protected]


The aim of this course is to introduce graduate students to the main models of Judicial/Constitutional Review and the assessment of judicial/constitutional

decision-making of the respective courts. While the bulk of the course will focus on the European model of Constitutional Review and the ECJ as a

constitutional jurisdiction, some time will be devoted to the U.S. Supreme Court , the mixed model and the Bulgarian Constitutional Court/CC/ .

The lectures have as a basic purposes to make students well aware about general features of the American &European models of Constitutional Review

and the ongoing convergence trend, about the possible future of the ECJ under the new Treaty for the Constitution for Europe as well as to develop

skills to deal with the broader field of constitutional jurisprudence of the Bulgarian CC .

RESEARCH PAPER (50%)

Each student is required to write a 15-20 pages paper on some topic related to the models of Judicial/Constitutional Review. Students can undertake an

independent research work on one more topic / different from the basic research paper/within the field for some additional credits

Classroom participation, including oral presentations will be taken into account when determining final grades.

Bulgarian

“Ombudsman” and

the Role of the

Institution in a

Democratic Society

English BA/MA Summer,

Winter

5 45 - Prof. Mariana

Karagyozova-

Finkova

[email protected]


The aim of this course is to introduce graduate students to the new institution of Bulgarian constitutional construction- the “Ombudsman” and the role

the institution has to play in a democratic society. While the bulk of the course will focus on the constitutional and legislative arrangement of Bulgarian

Ombudsman, some time will be devoted to history of the European model of Ombudsman, as well as to the role and powers of the EU Ombudsman.

Classroom participation and the oral exam will be taken into account when determining final grades.



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Refuge Law English BA/MA summer

winter,

5 45 - Prof. Maria

Slavova

[email protected]

The course emphasizes on academic study and professional training through inquiry into the core areas of the matter of refuge legal status: intellectual,

spiritual, physical, emotional, community and creative expression. Faculty and students work together closely, creating a dynamic learning environment

that encourages the best available academic training The learning is distinguished by its practical goals and successful exercise of the rights and duties of

Bulgaria as an EU member in the sphere of the refuge and asylum law and correspondingly provides skills for the implementation of specific EU law and

the functioning of the judiciary and the role of EU national enforcers. As the world faces the largest refugee crisis since World War II, it is necessary to

confront this emergency by knowledge and skills to tackle these daily realities.

International and

Global Affairs

English BA/MA winter 5 45 - Dr. Mira Kaneva [email protected]


The course of lectures follows two directions: first, it outlines a theoretical overview of the seminal theoretical concepts in international studies (basic

phenomena such as power, state sovereignty, identity, borders, human rights, democracy, norms and institutions), and, next, it stretches out to global

processes with global justice, proliferation, conflicts, negotiation, integration, development and security being only the fundamentals.

The course is based on the intersection of the state-centric (international) and non-state (global) view on transnational affairs. It, therefore, prepares

students to understand the complex workings of the global networked society so that they could craft effective solutions from the messy clutter of real-

world problems.

The course targets students who are oriented towards social sciences without conditioning whatsoever prior theoretical competence except curiosity.

The course aims at the contextualization of abstract terms through relevant case studies whose research and presentation is open to the students’

individual preferences.



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Human

Rights'Protection in

the International,

National and EU

Law

English BA/MA Winter

5 45 - Prof. Evgeni

Tanchev

[email protected]


This course aims at providing the students with knowledge pertaining to the different mechanisms for human rights’ protection on the different levels of

the emerging global constitutionalism. Both the substantive and procedural dimensions of the human rights are explained with view to the international

law, EU law and the national legal systems.

After brief introduction in the main concepts and notions of the human rights’ theory a general scheme of the human rights’ protection mechanisms will be

presented. Then the human rights’ guarantees in the framework of the UN, Council of Europe and the EU will be analyzed and compared. A special

emphasis will be put on the practice of the European Court for Human Rights in Strasbourg as well as of the Court of the EU. A comparison between the

national systems for human rights’ protection will be accomplished. Center of the discussion here will be the human rights’ protection in front of the

constitutional jurisdictions. Hence mechanisms such as the constitutional complaint as well as the actio popularis will be presented. Finally, a brief overview

of the Bulgarian human rights’ protection system will be made.

Multilevel

Constitutionalism

English BA/MA winter,

summer

5 45 - Prof. Evgeni

Tanchev

[email protected]


The multilevel constitutionalism is one of the main explanatory paradigms for the emergent supranational constitutionalism and constitutionalization. The

course will first explain the difference between the multilevel constitutionalism and the constitutional pluralism as two competing concepts for the

explanation of the European integration and the emergence of supranational constitutional regimes at the beginning of the 21st century. Afterwards the

multilevel constitutionalism of the EU will be analysed in detail.



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Comparative Contract

Law

English BA/MA

winter,

summer

5 45 - Dr.Dimitar

Stoyanov

dimitarstoyanov2011@gm

ail.com


This course is intended to provide students with an elaborate introduction to contract law from a comparative perspective. The main aim of this course is

to present the notion of a contract, its elements and the legal consequences of its conclusion, comparing several national legislations. This course will

emphasize upon core concepts of contract law in European legal systems (France, Italy, Germany, Eastern European countries, generally referred to as

“civil law legislations”) and compare it to Common law legislations. Thus, it will point out similarities and differences between them in an attempt to

establish functional equivalents and the level of mutual influence. The course will end with a brief overview of recent international attempts to achieve

harmonization on the field of contract law.

European Standards on

Criminal Investigation:

EctHR Jurisprudence

English BA/MA summer

5 45 - 150 Zdravka

Krasteva, PhD

[email protected]

om


This course focuses on advanced topics of criminal investigation from a human rights perspective. Major topics of criminal investigation are discussed

through the study of jurisprudence of the European Court of Human Rights:

- the State's obligation to conduct an effective official investigation into the violations of the fundamental rights and freedoms of individuals;

- problems with the institution of the pre-trial proceedings in cases of police violence, domestic violence and hate crimes;

- requirements for the independence of investigative bodies in the light of the ECHR;

- investigative versions and planning of the investigation as a means of achieving European standards for effective official investigation;

- the use of force and weapons in compliance with the right to life (Article 2 of the ECHR) and the prohibition of torture (Article 3 of the ECHR);





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- the procedural and tactical organization of searches and seizures and other coercive techniques for establishing evidence in the light of the prohibition of

torture (Article 3 of the ECHR), the right to respect for private and family life (Article 8 ECHR), the right to property (Protocol No 1 to the ECHR), the

right to a fair trial (Article 6 ECHR) and freedom of expression (Article 10 of the ECHR).

- interrogation of the accused and interviewing of witnesses in the light of the prohibition of torture, the right to a fair trial and the privilege against self-

incrimination;

- Forensic medical examination seen through the lens of the European standards for effective official investigation of crimes.

External Relations of

the European Union

English MA summer 5 45 - Assoc. Prof. Dr.

Marieta Rabohchiyska

[email protected]


The overall objective of the course in External Relations of the European Union is to present to students the role of the EU as a global actor and the extent

to which the Union has made the transition from a passive presence in international relations to mobilized actorness in the world. The general purpose of

the course is to get students acquainted with the main tracks of the EU’s diplomatic relations and with the instruments of its external action – both political

and legal.

The course is structured in two parts: theoretical and practical. The first part examines the most important theoretical, historical and legal aspects of the

EU's external relations, so as to lay the foundation for the international legal personality of the Union. As a subject of study, the following components of

the Union’s external relations can be enumerated: the EU's external representation and its diplomatic relations with other participants in international

communication, the EU's Common Foreign and Security Policy under the Treaty of Lisbon, the EU's relations and status in different international

organizations, the Union's treaty-making capacity, the sanctions imposed by the EU, the European Neighbourhood Policy, the humanitarian aid provided

by the Union, and the European Policy on Development and Cooperation.

The second part of the course focuses on the practical realization of the EU’s diplomatic relations, namely – relations with leading actors in international

relations (states – US, Russia, China, India, Japan and international organizations – UN, NATO, OSCE); interaction with regions as a whole (the

Mediterranean; Africa, the Caribbean and the Pacific; the Western Balkans); relations with other regional structures and initiatives – MERCOSUR, Andean

Community, European Economic Area, Eastern Partnership.


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Employment Law

English MA summer 5 45 - Assist. Prof. Atliana Mileva [email protected]


The purpose of the course "Employment Law" is to give the students in the Faculty of Law the necessary knowledge of the basic principles and concepts

of the employment law and the labor law institutes. The subject of the course is the employment law of the Republic of Bulgaria in force. Its significance

is determined by the place occupied by the dependent labor in modern society and the vital importance of the legal regulation of the relations that arise

from participation in labor under an employment relationship.

The course gives in depth knowledge on the basic institutes of Bulgarian employment law. The legal regulation of both individual and collective employment

relations is scrutinized.

The course covers the questions of legal regulation of individual employment contract – its parties; content (main rights and obligations of parties);

conclusion; changes in the content and/or of the parties; rights to rest, leave, health and safety at work; working time; labour remuneration; termination

(legal grounds and procedure); legal mechanisms for protection in cases of violation of the obligations of the parties – disciplinary liability, pecuniary

liability and administrative liability; individual legal disputes, etc.

The collective labour relations are also examined – right to create and participate in syndicates; right to information and consultation; collective

bargaining and collective labour agreement; collective labour conflicts; peaceful methods of resolution of collective labour conflicts; the right to strike

and the prohibition of the lock-out.

Democratic Oversight

of the Security Sector

(DOSS)

English BA/MA/

PhD

summer 5 45 - Prof. Dr. Plamen Pantev [email protected]


The concept that the military can and must be controlled democratically is a precondition of the very understanding of democracy. This concept is connected,

but also different of the civilian oversight. Though civilian authorities can stop the military to use coercive force against a totalitarian regime, this does not

mean yet the control is democratic – despite its clear civilian nature. Civilian oversight in the conditions of democracy touch the very principles and



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mechanisms, through which political power over the armed forces is maintained. The principles and mechanisms are the same as observed in all spheres of

political life and the respective decision-making processes.

Democracy is more than elections through the contest of many parties and candidates. Though they are the starting point of democracy its essence is

something different. In the sense of values the key to democracy is the presumption the majority can be wrong. This requires the recognition it could become

minority and after accepting such a change is possible, this requires the majority to be limited and responsible in its activity. In the sense of mechanisms –

out of the possibility for change in open elections, the representatives of the majority in the government (executive and legislative power) not only accept

the need of self-limiting themselves, but acknowledge the need of mechanisms for limiting the execution of power for the sake of preventing abuse of

power.This mixture of values for self-limiting and the respective mechanisms define the contents of democracy.

There are three levels of application of the democratic oversight (control): rules, management and political communities. The first includes formal rules,

including laws and procedures. The second encompasses the accountability, the structures and the engaged persons. The third one is the one that defines

most clearly democracy and includes the institutions that are essentially significant fo rthe public debate of politics, its detailed monitoring and control. It

actually assures the ways of openness, the instruments of information and limitation of the application of power. All political systems have rules and forms

of governance, but only democracy depends on autonomous sources of knowledge, analysis and arguments both for critics and for creative contribution to

the policy-making process.

That is why the educational course begins after a short introduction with the consideration of the conceptual changes in the security sector in the

beginning of the 21st century alongside with the development of the democratic processes, requiring cooperation of the democratic societies in response to

the new security threats. The democratic oversight over the national security policy also requires the improvement of the process of its shaping and

implementation.

Civil-military relations, democratic oversight of the security sector in the democratic society and their relevant constitutional and legal framework form

the next problem the students get acquainted with.

Accountability and transparency as fundamental requirements of the democratic civilian control constitute the next topic of the course. In the focus is the

activity of the Parliament, its specialized control mechanisms, of the civilian defence minister, and the democratic oversight of the intelligence services.

The next module is dealing with the expert institutions of the civil society, the role of the media and their relations with the professionals of the security

sector during the decision-making process and during the implementation of the decisions that have been taken.

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The attention is turned at the democratic oversight of the security sector in times of war, during the fight on terrorism, crises and foreign missions of the

security forces.

The course continues with the questions of the budget control and the role of the national parliaments, the media and civil society.

Another important topic is good governance of the security sector. It includes the problems of professional ethos, education and career development.

Special accent is made on the international aspects of the democratic control of the security sector in the modern interdependent world. The issues of

South East Europe as well as the future of security sector reform globally are treated in the course.

International

Negotiation Theory

English BA/MA

/PhD

summer 5 45 - Prof. Dr. Plamen Pantev [email protected]


Negotiations is a major instrument for realizing international relations. The course in International Negotiations Theory (INT) deals with the process of

bringing to agreement often antagonistic interests, makes a connection among different achievements in this area with the objective of arranging them in a

coherent system and models.

International negotiations (IN) are basically identical with the general negotiation process. No matter who the negotiating parties are, we deal with bilateral

or multilateral negotiations the rules of the general negotiation process are equally applicable.

Negotiations are a basic style of human, social and political behavior. Consciously or unconsciously we participate in negotiations every day at various

levels. Actual international negotiations as well as negotiations in the Balkans are special accents of the course.

There are different approaches to negotiating and each of them is generally insufficient to understand the complex process of negotiations. Integrating the

different perspectives, according to the INT could allow perceiving the multi-aspect issue.

The students get to know the basic theoretic questions, the body of knowledge that provides the skills of negotiating. The knowledge of the general and the

concrete aspects of international relations is a major requirement of these skills.

The subject has 45 lecture hours. The course is during the second (summer) semester. The final marks are shaped along 3 forms of control: presence at

lectures and active participation during the discussions, a written assignment and written examination.


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Introduction to the

Philosophy of Public

Law

English BA/MA/Ph

D

Summer

semester

5 45 - Assist Prof. Dr. . Simeon

Groysman

[email protected]


This course is dedicated to the philosophical problems of public law. Its purpose is to provide students with knowledge of the main problems of the

philosophy of law related to the public law issues and to induce them to independent analysis of public law institutions and regulations with the help of

the main concepts of legal philosophy. The content of the course is built on three basic positions:

1) Subject area. Philosophy of law examines legal systems in their broad social context. As one of the fundamental legal sciences it does not limit its

interest in what is the law in force, it criticizes it from certain value and conceptual points and proposes version of what should be the law.

2) Practical application. Next, the philosophy of law, though most often set forth in complicated treatises, creates practically oriented ideas.

Moreover, every practicing lawyer or politician acts (consciously or not) in accordance with certain legal philosophical ideas. There is an often

quoted statement that every person is a philosopher in some way. In this sense, every lawyer or politician has to work on philosophical questions

and to be a philosopher of law.

3) A chance to better understand the current legal issues of our societies. According to the third basic position, it makes sense to explore modern

legal systems from the positions of different philosophical doctrines, both to better understand the axioms of modern legal and political thinking

and to analyze their alternatives and perspectives for the future.

The course will focus on current issues of public law on a national and European level, such as the questions of national sovereignty and the proposed

ideas of postsovereignty and sovereignty of the law; the legal state (Rechtsstaat) as a doctrine and the future of the state as a social organization; the

supremacy of human rights in modern societies, the means for its realization and its possible democratic limits. The main concepts of public law will be

analyzed in the context of their historical origins, their contemporary criticism and legitimacy.

In order to write a final essay, students will be encouraged undertake a self-study on a public-law issue related to the course, which may be related to

European or national context.

List of Course Topics:

1. Jurisprudence, Legal theory and Philosophy of Law: Distinction between different Branches of Legal Science.

2. The Divide between Private and Public Law: the Roman Origins, the Classical Development of the Idea and the Current State of the Division.

3. Boundaries between Political and Legal knowledge and the Problem of their blurring in the Age of Strong Courts.


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4. Jurisprudence, Legal theory and Philosophy of Law: Distinction between different Branches of Legal Science.

5. The Divide between Private and Public Law: the Roman Origins, the Classical Development of the Idea and the Current State of the Division.

6. Boundaries between Political and Legal knowledge and the Problem of their blurring in the Age of Strong Courts.

7. Personal Freedom and Social Well-being: The Possible Relations between the Individual and the State (Analysis on the Example of the Bulgarian

Constitutional History).

8. Sovereignty: History and Contemporary Status of the Concept. Post-Sovereignty. Sovereignty of the law.

9. The Principle of Democracy in the Framework of the Legal state. Referendum Democracy in the Era of Legal Populism and Fake News.

10. The Idea for the Supremacy of Human Rights. Human Rights as Moral Ideology, as Set of Subjective Legal Rights and as a Legitimization Source

of the Modern State.

11. Theories on the Purpose of Punishment: What are the Desired and What are the Achievable Objectives of Criminal Justice?

12. Private life and Public Interest: Versions of the Public-Private distinction.

13. The State of the Future.

Basic Learning Resources:

1. Dictionary of the History of Ideas, edited by Wiener, Philip P., electronic edition; based on the 1974 print edition - http://bit.ly/HistoryOfIdeas_Dict

2. Stanford Encyclopedia of Philosophy - https://plato.stanford.edu/

3. H.L.A. Hart, Law, Liberty, and Morality, Stanford University Press, 1969.

4. Raymond Wacks, Philosophy of Law: A Very Short Introduction (Very Short Introductions), Oxford University Press, 2006, 2014.

5. Andrew Chapman, Human Rights: A Very Short Introduction (Very Short Introductions), Oxford University Press, 2007, 2015.

6. Denise Meyerson, Understanding Jurisprudence, Routledge, 2007.

7. J. W. Harris, Legal Philosophies, 2nd ed., Butterworths, 1997.

http://bit.ly/HistoryOfIdeas_Dict

https://plato.stanford.edu/

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Cross-border Commercial

Transactions (Private Law

Aspects of International Trade)

English BA/MA summer 5 45 - Dr. Dafina

Sarbinova

[email protected]


The course on Cross-border Commercial Transactions (Private Law Aspects of International Trade) is intended to give the students theoretical knowledge

and to assist them gaining some practical experience in the legal regulation of certain widespread cross-border contracts that form significant part of the

broad and diverse group of private law relations in the field of international trade. The course is particularly focused on the interface between the

substantive law regulation of cross-border commercial contracts (of different origin) and the classic conflict of laws problems concerning the determination

of jurisdiction, applicable law and the recognition and enforcement of foreign court judgements.

The course deals with the nature of the private law relations in the field of international trade, the core principles on which this type of relations are

grounded and its specific notions and terms. Different sources of legal regulation are examines and in particular such pertinent to international law,

domestic law, as well as EU law instruments. Standard term clauses and so called “private” law codifications are also included in the course programme

due to their utmost practical value in the field of international trade. The interrelation between the relevant sources of law is discussed in addition to the

existing methods of regulation. The reasons for the fact that the substantive law regulation prevails over the conflict of laws regulation are also examined.

The course considers systematically the following topics:

The international sale of goods under the Convention on International Sales of Goods 1980, Standard trade terms including INCOTERMS 2010

and the UNIDROIT Principles for International Commercial Contracts 2016

international transportation of cargo (by sea, air or land)

payment mechanisms, such as letters of credit and the UCP 600

intellectual property rights in international context

international investment and settlement of investment disputes

international dispute resolution, incorporating jurisdiction, applicable law, arbitration


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International Commercial

Arbitration

English BA/MA winter,

summer

5 45 - Assoc. Prof. Vasil

Pandov

[email protected]


The course on International Commercial Arbitration is intended to give the students theoretical knowledge and to assist them gaining some practical

experience in the legal regulation of the international commercial arbitration. It clarifies the notion and the advantages of the international commercial

arbitration as an alternative dispute resolution method. Students are given general information of the stages of the arbitration trial, the role of the parties,

formation of the arbitral tribunal, language and place of the arbitration, proceedings, taking of evidence and rendering of the award as well as of the

control on the award and the recognition and enforcement of foreign arbitral awards in conformity with the New York Convention on Recognition and

Enforcement of Foreign Arbitral Awards. The course considers systematically the following topics:

General issues – characteristics of international arbitration, advantages and disadvantages of arbitration; institutional v ad hoc arbitration; arbitral

institutions; arbitrations involving states

Arbitration agreement - function and purpose; validity; drafting of the arbitration agreement (essential and additional requirements);

Applicable law and rules - law governing the arbitral proceedings; rules governing the arbitral proceedings; law governing the arbitration

agreement; law governing arbitrability; law governing the contract

Judicial assistance for arbitration - enforcement of arbitration agreement; interim measures

Arbitral Tribunal - appointment of arbitrators; obligations of arbitrators; challenges to arbitrators

Arbitral proceedings

Arbitral award – types of award; validity of the award; res judicata effect of the award

Attempts to set aside the award – grounds of challenge

Enforcement of the award – application of international conventions; requirements of enforcement; grounds for non-enforcement under the

international conventions


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Citizenship – National

and European dimension

English BA/MA/

PhD

winter 5 45 - Orlin Kolev, PhD [email protected]


The discipline will provide theoretic-practical knowledge of the students concerning acquisition, loss and restoration of Bulgarian citizenship. Students

will be acquainted with the procedure of acquisition of Bulgarian citizenship as well as the hypothesis of preservation of existing citizenship will be

presented. The statute of the persons without citizenship, refugees and persons who have acquired humanitarian statute or asylum in the Republic of

Bulgaria are tackled with in the course.

The citizenship will be presented in the context of the constitutional democracy, rule of law State and civil society. The questions revealing the character

of citizenship and what kind of rights and possibilities it suggests.

The lecture course will provide important theoretic and extremely useful practical knowledge to the students, Ph D students and practicing lawyers on the

questions of citizenship in national as well as in the closely connected to it European context.

Protection against

discrimination

English BA/MA/

PhD

summer 5 45 - - Orlin Kolev, PhD

in constitutional

law

[email protected]


The discipline will provide students with profound insight of the protection of their fundamental rights and legal interests in case of discrimination or

harassment.

Discrimination is presented in the context of constitutional democracy, rule of law State and civil society. The questions concerning forms of discriminations

and spheres of its display are to be tackled. The contents and dimensions of the protected indications as well as when and how they affect will be shown.

Besides on race, ethnic or faith foundation other cases of discrimination such as discrimination in labor relations, education, in the sphere of health

protection and social services will be tackled as well as the possibilities of equal in rights realization of economic activity.

The lecture course will provide profound theoretic and practical understanding concerning protection against discrimination. Students will be acquainted

with the practice of the national anti-discrimination organ, of the European court of human rights and the Court of the European union. The course will

provide students with knowledge concerning the court practice of compensation for damages of victims of discrimination.



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Law of the Internal Market of

the European Union

English MA summer

5 45 - - 1

5

0

Assoc. Prof.

Hristo Hristev

hristo.hristev@uni-

sofia.bg


The course is focused on the main elements of the legal framework of the Internal market of the European Union, in particular, the main rules, governing

the different freedoms of movement in the European Union. Тhe main objective of the course is to present the essential dimensions of the Internal market

as a fundamental dimension of the European integration and to clarify the significant impact of the Internal market fundamental freedoms on the

consolidation and the evolution of the legal system of the EU, as well as on the legal framework in other areas of substantive law, adopted on European

level.

The course is supposed to contribute to the establishment of detailed knowledge and competences concerning:

The substantive logic of the EU Internal market as a form of regulation of economic relations on supranational level;

The main stages of establishment of the Internal market;

The free movement of goods in the EU;

The free movement of workers in the EU;

The freedom of establishment of individuals;

The freedom of establishment of companies;

The freedom to provide services;

The freedom of movement of capitals;

The justified exceptions and restrictions on the fundamental freedoms in the Internal market.

The course is based on the case law of the Court of Justice of the European Union and the main sources of secondary law, adopted in the field of the

Internal market of the EU.



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The successful completion of the course is a condition for the development of detailed and practically oriented knowledge on European Union Law. As

a result of the course the students will have the opportunity to understand the substantive logic of the European integration and the key elements that define

the basic principles of different common policies of the Union.

Comparative Constitutional

Transitions

English BA/MA/PHD summer 5 45 - 150 Dr.

Aleksandar

Tsekov

[email protected]


In recent decades, radical changes in the constitutional systems of various countries have been observed. Constitutional transitions represent a challenge

for basic concepts in legal science. After passing the course, students will be familiar with the theoretical foundations of constitutional transitions in

comparative law. The various mechanisms for drafting and adopting constitutions under transition will be examined. Particular attention will be paid to

the changes that have occurred in Eastern Europe since the end of the Cold War, as well as the transitions resulting from the Arab Spring.

EU Competition Law English BA/MA/PHD winter,

summer

5 45 - Assoc. Prof.

Ivan Stoynev

[email protected]

g


This course offers an overview of the main areas of EU competition law sensu lato, that is including State aid and liberalization measures. The

importance of this area of EU law cannot be overstated. This subset of the law sets out the rules of ‘fair play’ of the biggest economy of the world, which

generates close to €14 trillion each year. In addition, the application of its principles have important consequences for the interplay, and respective roles,

of the market and the state in providing certain services and products meant to promote welfare. Finally, EU competition law may be considered a

‘laboratory’ of EU law: many of the innovations and developments in general EU law can be traced to developments in this area.

The course covers the substantive and procedural domains of all five ‘subject areas’ of EU competition law: cartels, abuse of dominant position,

concentration control, state aid, and the interplay between public undertakings and the services of general economic interest. Theory and practice are held




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to be equally important. From a theoretical perspective, the course aims to structure what might otherwise appear a chaotic multitude of regulations and

cases. From a practical viewpoint, it is built upon the study of real-life or hypothetical cases.

METHODOLOGY

The methodology which is used for the implementation of the course is based on three of five modern educational tools: lectures, interactive exercises

and multi-levels exams.

A. Lectures are a short synthesis of the legal base and functioning of the EU Competition Law and Policy -in order to achieve a general theoretical

knowledge of the studied material. The key point here is the high level of the teaching staff and the proposed analysis.

B. Interactive workshops are intended to provide learning of theoretical issues presented by direct participation of students. Here the key point is the

teacher's ability to formulate and propose topics

C. Multi level exams

The course of EU Competition policy is an integral part of the general student’s knowledge in European Union law. Proper understanding of the material

requires students to have knowledge about:

• Principles of application of EU law

• Organization of the institutional system of the Union

• Competence of the EU

• Sources of EU law

• Basic concepts in the matter of the Internal Market

• Free movement of goods

• Freedom to provide services

• Free movement of capital

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