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Understanding the Different Dimensions of Human Dignity: Analysis of the Decision of the Constitutional Court of the Republic of Slovenia on the »Tito Street« Case 理解人类尊严的不同维度:对斯洛文尼亚共和国宪法法院关于“铁托街”案的判决的分析
DANUBE: Law and Economics Review Pub Date : 2017-09-26 DOI: 10.1515/danb-2017-0009
Petra Kleindienst
{"title":"Understanding the Different Dimensions of Human Dignity: Analysis of the Decision of the Constitutional Court of the Republic of Slovenia on the »Tito Street« Case","authors":"Petra Kleindienst","doi":"10.1515/danb-2017-0009","DOIUrl":"https://doi.org/10.1515/danb-2017-0009","url":null,"abstract":"Abstract In 2011, the Constitutional Court of the Republic of Slovenia made a historical decision on the ‘Tito street’ case, thereby placing human dignity at the centre of the constitutional order. A few years later, some related doubts not resolved by the Constitutional Court remain. For instance, the Court argues that an exhaustive a priori definition of human dignity is impossible since the notion depends on the development of its historical and ethical substance over time. The question thus arises of why legislation states that human dignity is universal even though it can be perceived as being a product of time and place. In this paper, we strive to answer this question by arguing that human dignity has two dimensions, initial dignity and realised dignity, and interpret the Court’s decision from a new angle. Thereby, the aim of this paper is to build a conceptual framework of human dignity and discuss it from a fresh perspective as well as to prove its applicability by presenting Slovenian constitutional case law. The paper offers significant insights into the discussion and may therefore help to improve future interpretations of human dignity in the field of constitutional case law.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115481472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 12
Gaar As Tax Treaty Override – Slovak Perspective Gaar作为税收条约的推翻-斯洛伐克的观点
DANUBE: Law and Economics Review Pub Date : 2017-09-26 DOI: 10.1515/danb-2017-0010
Andrea Koroncziová, Matej Kačaljak
{"title":"Gaar As Tax Treaty Override – Slovak Perspective","authors":"Andrea Koroncziová, Matej Kačaljak","doi":"10.1515/danb-2017-0010","DOIUrl":"https://doi.org/10.1515/danb-2017-0010","url":null,"abstract":"Abstract The article summarises the views on the interrelation of GAARs and tax treaties, abstracts defining criteria for the feasibility of GAAR as an anti-abuse instrument in tax treaty situations and applies these to the situation (legislation and case law) in the Slovak Republic. The aim of the article is to provide insight on the potential interrelation of GAAR rules with existing tax treaties and formulate policy advice that should be optimal given the facts at hand. It shows that GAAR in its current form would in general have limited effectiveness in tackling tax treaty abuse situations without it resulting in treaty override. This particularly applies to the Slovak Republic and likely to other states applying a monistic approach to international treaties, where the renegotiation of the treaty seems the only viable option. However, as in Slovakia the monist approach applies only to treaties ratified after July 2001, a different approach might be taken with respect to those that are still subject to a dualist approach.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116403167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Application of Window Malmquist Index for Examination of Efficiency Change of Czech Commercial Banks Window Malmquist指数在捷克商业银行效率变化检验中的应用
DANUBE: Law and Economics Review Pub Date : 2017-09-26 DOI: 10.1515/danb-2017-0012
Iveta Palečková
{"title":"Application of Window Malmquist Index for Examination of Efficiency Change of Czech Commercial Banks","authors":"Iveta Palečková","doi":"10.1515/danb-2017-0012","DOIUrl":"https://doi.org/10.1515/danb-2017-0012","url":null,"abstract":"Abstract The aim of the paper is to apply the Window Malmquist index approach to examine the efficiency change of Czech commercial banks within the period 2004-2013. We used the Data Envelopment Analysis and theWindow Malmquist index approaches to estimate the efficiency change of Czech commercial banks. The average efficiency computed under the assumption of constant returns to scale was 73% and under the assumption of variable returns to scale the value was 83%. We estimated the average positive efficiency growth of Czech commercial banks during the period 2004-2013. We found that average scale efficiency was 88%, which means that Czech commercial banks were of an inappropriate size, especially the largest banks.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121502691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Transparency in Economic and Political Decision-Making: The Identification of Sunshine Rules for Transparent Lobbying 经济和政治决策的透明度:透明游说的阳光规则识别
DANUBE: Law and Economics Review Pub Date : 2017-09-26 DOI: 10.1515/danb-2017-0011
Šárka Laboutková, P. Vymětal
{"title":"Transparency in Economic and Political Decision-Making: The Identification of Sunshine Rules for Transparent Lobbying","authors":"Šárka Laboutková, P. Vymětal","doi":"10.1515/danb-2017-0011","DOIUrl":"https://doi.org/10.1515/danb-2017-0011","url":null,"abstract":"Abstract Lobbying transparency seems to have been a challenging topic for nearly a decade. For the purposes of the article, the authors focus on a contextual analysis of rules and measures that offers both a broad as well as comprehensive view of the required transparency of lobbying activities and the environment in which decisions are made. In this regard, focusing on the sunshine principles/sunshine rules (not purely limited to laws) provides a grasp of the whole issue in a broader context. From a methodological point of view, the exploratory approach was chosen and the coding procedure is mostly dichotomous. As a result, seven key areas with 70 indicators have been identified in terms of transparency of lobbying and decision-making.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116597064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
R&D Subsidies as Drivers of Corporate Performance in Slovenia: The Regional Perspective 斯洛文尼亚研发补贴对企业绩效的推动作用:区域视角
DANUBE: Law and Economics Review Pub Date : 2017-06-27 DOI: 10.1515/danb-2017-0006
Dejan Ravšelj, Aleksander Aristovnik
{"title":"R&D Subsidies as Drivers of Corporate Performance in Slovenia: The Regional Perspective","authors":"Dejan Ravšelj, Aleksander Aristovnik","doi":"10.1515/danb-2017-0006","DOIUrl":"https://doi.org/10.1515/danb-2017-0006","url":null,"abstract":"Abstract Investment in research and development (R&D) plays a vital role in economic growth. Therefore, the crucial role of government is to encourage companies to develop new knowledge, skills, and innovations in order to achieve greater competitiveness, employment creation, and economic development. The aim of this paper is to determine whether R&D subsidies contribute to corporate performance and ascertain whether the relationship between the amount of R&D subsidies and corporate performance is moderated by Slovenian cohesion (NUTS 2 level) and statistical (NUTS 3 level) regions. This paper ultimately tries to classify statistical regions within meaningful groups. Using an OLS regression, a unique dataset of 407 Slovenian companies is analysed for 2014. The empirical results reveal that R&D subsidies have a positive impact on corporate performance and confirm that cohesion and statistical regions can moderate the effect of R&D subsidy on corporate performance. Moreover, the paper provides for the classification of Slovenian statistical regions into four groups.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122743188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Public Participation and Democratic Legitimacy of Rulemaking – A Comparative Analysis 公众参与与规则制定的民主合法性——比较分析
DANUBE: Law and Economics Review Pub Date : 2017-06-27 DOI: 10.1515/danb-2017-0005
Iztok Rakar
{"title":"Public Participation and Democratic Legitimacy of Rulemaking – A Comparative Analysis","authors":"Iztok Rakar","doi":"10.1515/danb-2017-0005","DOIUrl":"https://doi.org/10.1515/danb-2017-0005","url":null,"abstract":"Abstract In recent years, public participation has been a frequent object of research, especially in relation to rulemaking procedures. The aim of the paper is to verify a common thesis, that public participation is a means for enhancing democratic legitimacy in rulemaking. In order to do so, the author defines legitimacy and legitimation, presents models of the democratic legitimacy of the executive and compares monistic and pluralistic understanding of democracy. The author then analyzes standpoints of American, English and German legal theory and case law and proposes a possible solution to the main research question.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123215635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Okun’s Law in Austria 奥地利的奥肯定律
DANUBE: Law and Economics Review Pub Date : 2017-06-27 DOI: 10.1515/danb-2017-0007
Michael Christl, Monika Köppl-Turyna, Dénes Kucsera
{"title":"Okun’s Law in Austria","authors":"Michael Christl, Monika Köppl-Turyna, Dénes Kucsera","doi":"10.1515/danb-2017-0007","DOIUrl":"https://doi.org/10.1515/danb-2017-0007","url":null,"abstract":"Abstract We estimate the classic and the dynamic variant of Okun’s law for the Austrian labor market. We find that, for recent periods, the growth rate necessary to stabilize the unemployment rate equals 2.8 percent. Moreover, we find that the rate has been growing in recent quarters due to the increasing labor force size and the effects of the crisis. The latest prediction of the employment threshold lies above 3 percent, much above forecasted GDP growth up to 2017.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123488859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Questioning the Moral Understanding of Law 质疑对法律的道德理解
DANUBE: Law and Economics Review Pub Date : 2017-06-27 DOI: 10.1515/danb-2017-0008
Marijan Pavčnik
{"title":"Questioning the Moral Understanding of Law","authors":"Marijan Pavčnik","doi":"10.1515/danb-2017-0008","DOIUrl":"https://doi.org/10.1515/danb-2017-0008","url":null,"abstract":"Abstract The primary content-related framework we are bound to are the basic human rights as established in the constitution. These basic rights may change and develop, yet as the heritage of our political and legal culture, they possess such a solid core meaning that only a “dogmatic sceptic” (G. Radbruch) can doubt it. In societies with plural values, the moral values expressed by the basic human rights are the most solid moral basis of law. The moral understanding of law is necessarily accompanied by a moral criticism of law. Such criticism is often not pleasing to the authorities, but it cannot be avoided if one wants to live up to our responsibility towards nature, society and future generations. A lawyer who is not interested in these issues and only sticks to the letter of the law acts in a fossilized manner and does not enrich the life that the law is intended for. Legal thought should always have its meaning, as Smole’s Antigone would say.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116091342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Effectiveness of Marketing Mix Activities in Engineering Companies in the Czech Republic 捷克工程公司营销组合活动的有效性
DANUBE: Law and Economics Review Pub Date : 2017-03-01 DOI: 10.1515/danb-2017-0004
František Milichovský
{"title":"Effectiveness of Marketing Mix Activities in Engineering Companies in the Czech Republic","authors":"František Milichovský","doi":"10.1515/danb-2017-0004","DOIUrl":"https://doi.org/10.1515/danb-2017-0004","url":null,"abstract":"Abstract The effectiveness of marketing activities has become important, especially in the industrial environment. In an industrial environment, there is a prerequisite for the success of strategic marketing objectives in relation to corporate strategy. The main aim of the paper is to determine whether the realization of marketing activities is influenced by corporate size. For this reason, a questionnaire survey was used, focusing on engineering companies operating in the Czech Republic. To process the results of the questionnaire survey, both basic types of descriptive statistics and Pearson’s chi-square test were used on the selected dataset. The data were processed using the statistical program IBM SPSS Statistics 22. The conclusions provide characteristics of the limitations of research and its potential further direction.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127100033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Some of the Theoretical Basis of Local Self-Government in the Czech Republic 捷克共和国地方自治的一些理论基础
DANUBE: Law and Economics Review Pub Date : 2017-03-01 DOI: 10.1515/danb-2017-0003
P. Pospíšil, M. Lebiedzik
{"title":"Some of the Theoretical Basis of Local Self-Government in the Czech Republic","authors":"P. Pospíšil, M. Lebiedzik","doi":"10.1515/danb-2017-0003","DOIUrl":"https://doi.org/10.1515/danb-2017-0003","url":null,"abstract":"Abstract In the valid legislation of the Czech Republic, we do not find a clear and completely unambiguous definition of the concept of “self-government”. Nonetheless, it is an institute traditionally used and with content defined in a particular way by the theory of administrative law or administrative science in the context of the division of public administration into state administration and self-government. Self-government usually refers to public administration (i.e. administration of public affairs) carried out by public law bodies other than the state. These public law bodies are most often public corporations, which perform specific tasks within territorial self-government, professional self-government and interest group self-government. The aim of the paper is to provide an interpretation of the theoretical and legislative definition of the concept of self-government and specifically to focus on territorial self-government. In processing the paper and fulfilling the set goal, the authors will primarily use scientific methods of analysis, synthesis, description, explanation and comparison. Based on the presentation and analysis of theoretical opinions on the issue, the applicable legislation of territorial self-government and insights from public law-related practice, the authors conclude that it is appropriate to consider a more detailed (yet open) definition of self-governing tasks of municipalities and regions in the future.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125115794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
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