Radosveta Vassileva

Radosveta Vassileva
Middlesex University, UK · Department of Law

PhD

About

51
Publications
3,664
Reads
How we measure 'reads'
A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text. Learn more
43
Citations
Introduction
Radosveta Vassileva is a legal scholar whose research interests encompass comparative public and private law, and EU law. She is currently a Visiting Research Fellow at Middlesex University (UK). Her "Bulgarian Private Law at Crossroads" is the first monograph in Intersentia's "Private Law Around the World" series. PhD in Law (University College London); Master en droit (Sciences Po Paris); Master en droit (Université Paris 1 Panthéon-Sorbonne); BA in International Relations (Tufts University)
Additional affiliations
September 2015 - February 2021
University College London
Position
  • Fellow
January 2012 - July 2016
University College London
Position
  • PhD Student
Description
  • Radosveta Vassileva defended her doctorate in law at the Faculty of Laws of University College London (UCL) in 2016. Her thesis examines the feasibility and desirability of a common contract law for the European Union.
Education
January 2012 - July 2016
University College London
Field of study
  • Law
September 2008 - May 2009
Université de Paris 1 Panthéon-Sorbonne
Field of study
  • Global Business Law
September 2007 - May 2009
Sciences Po Paris
Field of study
  • Economic Law

Publications

Publications (51)
Article
Full-text available
In Yam Seng, Leggatt J tries to persuade the English legal community that good faith exists in English law. He contends that several duties could be derived from this principle, including a “duty to cooperate”. By examining the scope of cooperation and its relationship with good faith in English and French law, we explore Leggatt J's reasoning in v...
Article
Full-text available
Dirty money is often a by-product or a symptom of political corruption in the jurisdictions in which it originates. It can also spread corruption and erode democracy on its journey to its final destination. This typically involves multiple jurisdictions and is the reason why it is so hard to detect. Recently, a series of money laundering scandals h...
Article
Full-text available
Since 2007 the Swiss franc had been getting stronger, but it was a decision by the Swiss National Bank to unpeg the Swiss franc from the Euro in 2015, which resulted in its significant appreciation and shocked FX markets. Many citizens in Central and Eastern Europe were directly affected because they had taken out mortgages denominated in Swiss fra...
Article
Full-text available
The Juncker Commission has recently indicated that the experienced gained from the Cooperation and Verification Mechanism (CVM) is relevant when addressing rule of law challenges in all Member States. It has also proposed to monitor the rule of law in all Member States. Bulgaria and Romania are the only EU members which are subjected to the CVM bec...
Article
Full-text available
The Severe Respiratory Syndrome Coronavirus 2 (COVID-19) pandemic has dealt a universal challenge to contractual performance, but legal systems have responded differently. In this article, we focus on two jurisdictions with distinct paths of development – England and France – to examine if they have drawn from their own legal history to craft solut...
Book
Full-text available
Bulgarian private law has always been at crossroads: it has diverse influences from both Western and Eastern Europe, and it has seen many turning points because of Bulgaria’s tumultuous past, including a communist regime. This book examines its fascinating and turbulent development from the end of the 19th century to the present day and highlights...
Article
Full-text available
Literature on East European legal systems, and especially on Bulgarian law, in the English language is incredibly scarce. Bulgarian Private Law at Crossroads, which marks the beginning of Intersentia’s new ‘Private Law around the World’ series and which is forthcoming in August 2022, responds to this gap in knowledge by surveying the development of...
Article
Full-text available
On 14 April 2022 Bulgaria’s Parliament adopted legislative amendments to the Law on the Judiciary and related legislation to finally put an end to the Specialized Criminal Court, acting as a first and second instance, and its mirroring Specialized Prosecutor’s Office. Both institutions were set up during Boyko Borissov’s first term as Prime Ministe...
Article
Full-text available
The procedural tricks to which Bulgaria's Supreme Judicial Council has resorted to avoid examining two requests for the dismissal of General Prosecutor Ivan Geshev for omissions and actions which undermine the prestige of the judiciary provide further proof that this institution is one of the main reasons why a sitting General Prosecutor of Bulgari...
Article
Full-text available
The ECtHR judgment in the case of the disciplinary proceedings against Bulgarian judge Miroslava Todorova attracted much attention. On the surface, it appears that the judgement is a mere example of the ‘Justice delayed is justice denied’ legal maxim – after all, the application was submitted in 2013 and the Court ruled against Bulgaria only in 202...
Presentation
Full-text available
Presentation for my talk on Bulgaria's rule of law crisis at a special event dedicated to the rule of law crisis in the EU, which was hosted by Global Affairs in Dialogue at University College Freiburg
Article
Full-text available
In early June 2021, Bulgaria’s Prosecutor’s Office raided the Ministry of Interior and raised charges against a senior employee. According to the Minister of Interior Boyko Rashkov, the goal of the Prosecutor’s Office is to sabotage an inquiry into illegal wiretapping. The senior employee who was charged indeed participated in the inquiry. A simila...
Article
Full-text available
On 11 May 2021, Bulgaria's President Rumen Radev issued a decree appointing a caretaker government, which means that the dissolution of the 45th National Assembly is imminent. This National Assembly, which was first convened on 15 April 2021, was rather short-lived, but it paved the way to fairer elections and much needed reforms in the justice sys...
Article
Full-text available
In a prior article, I explained how the Bulgarian Prime Minister Boyko Borissov was using the COVID-19 emergency in spring 2020 as an opportunity to implement measures curtailing fundamental rights and solidifying his autocracy. Subsequently, Borissov’s GERB party enacted questionable amendments to the Law on Health permitting the executive to usur...
Article
Full-text available
Boyko Borissov’s government is attempting to use the 2020 country report by the European Commission in the framework of the new Rule of Law Mechanism to deliver yet another blow to Bulgaria’s rule of law by putting forward an action plan allegedly addressing the Commission’s concerns. Even worse, both the Commission and Borissov show their bad habi...
Article
Full-text available
Neither France nor England has an ideal solution to the challenges posed by COVID-19 for contractual performance. Messy and limited state intervention or narrowly construed doctrines may not address the needs of contracting parties.
Presentation
Full-text available
The COVID-19 pandemic has dealt a universal challenge to contractual performance, but legal systems have responded differently. In this article, we focus on two jurisdictions with distinct paths of development — England and France — to examine if they have drawn from their own legal history to craft solutions to this challenge and to consider if ei...
Article
Full-text available
Commissioner Vera Jourova answered some questions about the Cooperation and Verification Mechanism at the European Parliament. One may wonder if the European Commission is too distant from the realities in Bulgaria and Romania.
Article
Full-text available
Autocrats have a bag of tricks to control and appease the masses. Bulgaria’s Prime Minister Boyko Borissov plans to pull out a long-forgotten constitutional trick out of his bag — the grand national assembly.
Article
Full-text available
On 23 March 2020, Bulgaria’s Parliament enacted a Law on the Measures and Actions during the State of Emergency Announced by Parliament on 13 March 2020 (hereby referred to as Law on Emergency for brevity). This was the second attempt to enact this piece of legislation after Bulgaria’s President vetoed some of its provisions. This new Law entered i...
Presentation
Full-text available
Myths and realities of comparative contract law. There is a YouTube video which accompanies this presentation: https://www.youtube.com/watch?v=fTdNt1A21tQ&feature=youtu.be
Article
Full-text available
While Bulgarian scholars concur that Bulgaria’s Law of Obligations and Contracts, which was enacted in 1950 and which is still in force today following cosmetic changes in the early 1990s, is an original Bulgarian legal text, archival and comparative research shows that it is heavily based on the Italian Codice Civile of 1942. Why would a communist...
Article
Full-text available
For ten years, Bulgaria has stubbornly been refusing to comply with Kolevi v Bulgaria, a decision by the European Court of Human Rights which requires a reform of Bulgaria’s Prosecutor’s Office, despite yearly reminders by the Council of Europe and despite opinions by the Venice Commission which recommend such a reform. The latest trick to postpone...
Article
Full-text available
Autocrats have a bag of tricks to control and appease the masses. Bulgaria’s Prime Minister Boyko Borissov plans to pull a long-forgotten constitutional trick out of his bag — the grand national assembly.
Article
The European Commission seems to inhabit a universe which is too distant from the realities of Bulgaria and Romania, which are the only EU members subjected to the CVM. Even worse, it is currently attempting to sweep the CVM under the carpet of oblivion for no good reason, as seen in Commissioner Vera Jourova’s presentation on the mechanism before...
Article
Borissov’s government is attempting to use the 2020 country report by the European Commission to deliver yet another blow to Bulgaria’s rule of law by putting forward an action plan which allegedly addresses the Commission’s concerns. Moreover, a shocking proposal that became public on 3 December 2020 revealed plans for a reform that would essentia...
Article
Full-text available
In the latest 2019 report on Bulgaria under the Cooperation and Verification Mechanism (CVM), the European Commission concluded that Bulgaria had shown steady progress in all six benchmarks, which, in turn, justified the termination of this mechanism. However, the Commission’s conclusions seem to stand in stark contrast to the opinions of civil soc...
Article
Full-text available
Bulgaria took legislative hooliganism to a new orbit by using an EU Directive on the right of access to a lawyer to increase the already impressive repressive arsenal of its Prosecutor’s Office. Bulgaria’s Prosecutor’s Office can now conduct secret arrests. What is even more worrisome is the inertia of the European Commission for its bureaucracy ha...
Article
Full-text available
This paper examines the distinct roles, which the Roman doctrine of 'causa' acquired in English and Bulgarian contract law, to challenge popular beliefs entertained by common law and comparative scholars and to demonstrate the peculiar mechanisms through which the conception of fairness in contract law evolves. While leading contemporary English sc...
Article
Full-text available
The Sofia City Court which is notorious for its corruption is currently dealing with its latest scandal which involves the citizenship of the court’s President Alexey Trifonov. There are rising concerns that he is not a Bulgarian citizen – holding Bulgarian citizenship, however, is a requirement to serve as a magistrate in Bulgaria. The answer to a...
Article
Full-text available
Bulgaria is hoping to get the Cooperation and Verification Mechanism lifted before the end of the Juncker term. Does that seem likely? Only if the European Commission keeps turning a blind eye to what is going on in the country.
Article
Full-text available
While the President of Bulgaria’s Supreme Court laments the disintegration of the country’s rule of law, the European Commission praises the country’s progress in the same area. What is the price of complicity?
Article
Full-text available
This article examines the evolution of the approach to hardship in Bulgaria, France, and England to challenge the idea that the responses of national jurisdictions are converging and to shed light on the key role which context plays in doctrinal development and legal practice. This particularity seems important in view of initiatives aimed at harmo...
Article
Full-text available
While focusing on other EU members facing challenges in the area of rule of law, foreign commentators may not realize that the situation in Bulgaria is critical. Bulgaria’s executive is now headed into the homestretch of capturing the entire justice system. The current unprecedented proceedings against the President of the Supreme Court of Cassatio...
Article
Full-text available
In the latest 2019 report on Bulgaria under the Cooperation and Verification Mechanism (CVM), the European Commission concluded that Bulgaria had shown steady progress in all six benchmarks, which, in turn, justified the termination of this mechanism. However, the Commission’s conclusions seem to stand in stark contrast to the opinions of civil soc...
Article
Full-text available
The requirement for autonomous interpretation of international instruments has been a subject of concern for decades. Academics have particularly paid attention to the so-called common law/civil law divide. Yet, is this the only divide, which persists? By showcasing the distinct Bulgarian approach to autonomous interpretation of international instr...
Article
Full-text available
On 13 November 2018, the Commission published the latest reports on Bulgaria and Romania under the Cooperation and Verification Mechanism. Bulgaria’s report is full of praise. Not surprisingly, the Bulgarian government was overjoyed. The civil society, on the other hand, was clearly upset. Why? The short answer is that the picture painted by the CV...
Article
Full-text available
On 17 September 2018, in Bucharest, the General Assembly of the European Network of Councils for the Judiciary (ENCJ) voted to suspend the membership of the Polish National Judicial Council (KRS) due to growing fears of lack of judicial independence in Poland. It was reported that 100 representatives voted for suspension, 6 were against (the Polish...
Article
Full-text available
The further east in the EU one goes, the more one is overwhelmed by the state of prison conditions and the violations of prisoners’ and detainees’ rights. The situation in Bulgaria is particularly challenging because of the scale of the problem and the local authorities’ denial that it exists.
Article
Full-text available
On 27 July 2018 Bulgaria’s Constitutional Court ruled that the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, also known as the Istanbul Convention, contradicted Bulgaria’s Constitution. The decision may cause a stir among Western commentators not only because of its result, but also because o...
Article
Full-text available
While many foreign commentators focus on the endangered democratic values in Poland and Hungary, the situation in Bulgaria is equally deplorable. If the President of the Supreme Court contends that there is no separation of powers and that his family is facing abuse because he turns down orders by the executive, then surely ordinary citizens, espec...
Article
Full-text available
Contrary to the requirements of the European Convention on Human Rights, the EU Charter of Fundamental Rights, and Directive 2016/343 on the presumption of innocence, Bulgaria’s Prosecutor’s Office consistently applies a presumption of guilt. Spectacular televised arrests, violence against suspects, destruction of proof, and simulation of trials ar...
Article
Full-text available
While many foreign commentators focus on the endangered democratic values in Poland and Hungary, the situation in Bulgaria is equally deplorable. If the President of the Supreme Court contends that there is no separation of powers and that his family is facing abuse because he turns down orders by the executive, then surely ordinary citizens, espec...
Article
Full-text available
While many East European states, which are now members of the EU, are restoring the repressive practices of communist times, EU institutions have focused their attention only on Poland’s democratic deficit. Indeed, in July 2017, the European Commission initiated proceedings against Poland for breaches of Article 2 of the Treaty on European Union, w...
Article
Full-text available
As Serbia is on the verge of reforming its law of obligations, it seems interesting to consider the implications of such reform from a comparative perspective. In line with the theme of this year’s Kopaonik School of Natural Law, this paper endorses a theoretical approach. It showcases the possible, yet complex links that exist between contract law...
Thesis
Full-text available
While significant doctrinal work has been dedicated to analyzing the feasibility of harmonization of contract law in the European Union and the selection of principles for harmonizing legislation, opportunities for dialogue between Eastern and Western Europe have been missed. This thesis takes a small step to fill in this gap by engaging in a compa...