DANUBE: Law and Economics Review最新文献_第2页

Judicial Activism Contributing to the Understanding of Social State Principle(S) – Constitutional Court of Slovenia at the Crossroads 司法能动主义对理解社会国家原则的贡献(S)——十字路口的斯洛文尼亚宪法法院

DANUBE: Law and Economics Review Pub Date : 2017-03-01 DOI: 10.1515/danb-2017-0002

Nejc Brezovar

{"title":"Judicial Activism Contributing to the Understanding of Social State Principle(S) – Constitutional Court of Slovenia at the Crossroads","authors":"Nejc Brezovar","doi":"10.1515/danb-2017-0002","DOIUrl":"https://doi.org/10.1515/danb-2017-0002","url":null,"abstract":"Abstract The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to developing the contents and nature of social state principles. This paper attempts to show, through examples from Slovenian judicature, how Constitutional Courts can, with the use of (limited) judicial activism, form and shape social politics and their main principles. The Slovenian Constitutional Court is usually relatively restrained in its interpretations of the social state principles respecting the primary authority of the legislator in regulating the area. On the other hand, we cannot ignore the important role the Constitutional Court and its judicature play in developing the substance of social state principles. This is usually done by means of dynamic and evolutionary interpretations. After analysing the judicature,we can conclude that some of the interconnected social state principals developed by the Court, which play a vital role in understanding the essence of a social state and social rights it provides, are: social balance, social security, social justice, solidarity, a minimum protection of existence, prevention of social exclusion, proving the important contribution of Constitutional Courts to the understanding of the concept of social state principals.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"374 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":"116568421","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

Tax Policy Assessment in Slovenia – Case of Interest Tax Shield 斯洛文尼亚税收政策评估——利息税盾案例

DANUBE: Law and Economics Review Pub Date : 2017-03-01 DOI: 10.1515/danb-2017-0001

T. Jovanović, Maja Klun

{"title":"Tax Policy Assessment in Slovenia – Case of Interest Tax Shield","authors":"T. Jovanović, Maja Klun","doi":"10.1515/danb-2017-0001","DOIUrl":"https://doi.org/10.1515/danb-2017-0001","url":null,"abstract":"Abstract The tax policy assessment is an indispensable strategy within any modern country’s system of governance. There are several types of “impact assessments”, with RIA as one of the most commonly used. This tool is used to measure and analyse the benefits, costs and effects of a new or existing legal regime, which can be carried out by collecting and analysing empirical data in the context of a broader decision-making framework. The main objective of the paper is to analyse which stage the Slovenian regulatory impact assessment is in, and whether this stage is sophisticated enough to provide for the essential verification of tax policy and specific instruments, focusing mainly on the case of interest tax shield issues. Methodologically, the paper is based on a systematic literature review, a survey for public consultations and statistical tools for calculating the differences in internal indebtedness in different observed periods. The results show that the Slovenian RIA is not sophisticated enough to evaluate complex tax instruments and policy. Nevertheless, tax policy decision-makers should reconsider the implementation of a thin capitalization rule (but also future tax policy instruments) focusing also on other, non-tax revenue, factors.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"224 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":"122424976","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

Disparities in Mortality Rates of Working-Age Population in Eastern, Central and Western Europe – A Comparative Quantitative Analysis 东欧、中欧和西欧劳动年龄人口死亡率的差异——比较定量分析

DANUBE: Law and Economics Review Pub Date : 2016-12-01 DOI: 10.1515/danb-2016-0013

M. Lackó

引用次数: 1

The Kazakhstan-European Union Partnership: Modernization of the Republic’s Financial System 哈萨克斯坦-欧盟伙伴关系:共和国金融体系的现代化

DANUBE: Law and Economics Review Pub Date : 2016-12-01 DOI: 10.1515/danb-2016-0015

J. Marczak, N. Uvarova

引用次数: 1

Conditions of Minimum Wage Indexation in Czech and Slovak Legislation in the Context of Business Economics 商业经济学背景下捷克和斯洛伐克立法中最低工资指数化的条件

DANUBE: Law and Economics Review Pub Date : 2016-12-01 DOI: 10.1515/DANB-2016-0016

M. Pernica

{"title":"Conditions of Minimum Wage Indexation in Czech and Slovak Legislation in the Context of Business Economics","authors":"M. Pernica","doi":"10.1515/DANB-2016-0016","DOIUrl":"https://doi.org/10.1515/DANB-2016-0016","url":null,"abstract":"Abstract The aim of the article is to assess – on the basis of a comparison of Czech and Slovak legislation relating to the conditions of the minimum wage indexation – whether it would be appropriate to use certain aspects of Slovak legislation in the Czech legislation and vice versa. When elaborating the article, some logical methods were used. In order to collect data, important employers were addressed in the South-Moravian Region. A carrying method used during the work was a comparison. Analyses were processed using the data of the Czech Statistical Office, the European Statistical Office and the Ministry of Labour and Social Affairs of the Czech Republic. To evaluate the research, the percentage representation of positive and negative responses and Pearson’s Chi-square test were used. The paper presents the results of research whose aim was to get the views of entrepreneurs regarding the minimum wage level and conditions of its indexation. Employers supported the idea of maintaining the institution of the minimum wage. A predominant portion of companies would welcome it if the minimum wage were derived on the basis of an average wage, and the vast majority of companies would welcome the annual indexation of the minimum wage by inflation.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132754768","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

A European Dilemma: The EU Export Control Regime on Dual-Use Goods and Technologies 欧洲的困境:欧盟对双重用途货物和技术的出口管制制度

DANUBE: Law and Economics Review Pub Date : 2016-09-01 DOI: 10.1515/danb-2016-0010

H. Alavi, T. Khamichonak

{"title":"A European Dilemma: The EU Export Control Regime on Dual-Use Goods and Technologies","authors":"H. Alavi, T. Khamichonak","doi":"10.1515/danb-2016-0010","DOIUrl":"https://doi.org/10.1515/danb-2016-0010","url":null,"abstract":"Abstract Export controls for dual-use items are an important constituent element of both the security policies of state exporters and WMD non-proliferation efforts. Dual-use goods and technologies can be used for both civil and military purposes, which requires careful oversight over their export to countries that are considered unfriendly or have ambiguous foreign policy attitudes. By their very nature, dual-use items may be used both to further legitimate ends, like promoting technological development and strengthening economic ties, and to aid in unwarranted acts. State exporters are faced with the responsibility of balancing the security objectives pertaining to exports of dual-use items with the competitiveness of local economies. The paper discusses the EU export control regime and EU membership in international export control groups. In doing so, comparative and normative research methods are chosen to analyze existing literature on Council Regulation 428/2009 and other international export control groups, including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Australia Group (AG) and the Nuclear Suppliers Group (NSG). The paper will conclude by identifying shortcomings and addressing possible amendments to the regulation.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128113662","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

The Impact of Minimum Wage Changes on Management in the Czech Republic 最低工资变动对捷克共和国管理层的影响

DANUBE: Law and Economics Review Pub Date : 2016-09-01 DOI: 10.1515/danb-2016-0012

Natalie Uhrová, P. Skalka

引用次数: 5

The Mistaken Doctrine of Common Law: A Critique 错误的普通法原则:批判

DANUBE: Law and Economics Review Pub Date : 2016-09-01 DOI: 10.1515/danb-2016-0011

Lukáš Nikodym, Tomáš Nikodym, Tereza Pušová

引用次数: 0

Does a “Ceo Chairman” Guarantee Better Performance from a Firm? “首席执行官董事长”能保证公司取得更好的业绩吗?

DANUBE: Law and Economics Review Pub Date : 2016-09-01 DOI: 10.1515/danb-2016-0009

Pavel Srbek, L. Dittrich

引用次数: 0

Superficiary Right of Building: Origin and Development in Central Europe 建筑表决权:中欧的起源与发展

DANUBE: Law and Economics Review Pub Date : 2016-06-01 DOI: 10.1515/danb-2016-0008

Pavel Petr

{"title":"Superficiary Right of Building: Origin and Development in Central Europe","authors":"Pavel Petr","doi":"10.1515/danb-2016-0008","DOIUrl":"https://doi.org/10.1515/danb-2016-0008","url":null,"abstract":"Abstract The Czech Republic has been dealing for the last four years with a legal revolution in the field of private law. A new Civil Code was adopted in 2012 and many new and forgotten legal figures were restored in the text of the code. An interesting example of forgotten legal figures is the superficiary right of building, which has again entered the legal order of the Czech Republic after a long one hundred years. Unlike the Act on the Superficiary Right of Building of 1912, the new Civil Code extends the scope of persons that may create the superficiary right of building to their land. This should eliminate the obstacle that has substantially limited its wider use. The superficiary right of building is not likely to become a legal concept very frequently seen in public registers. The aim of this paper is, therefore, a reflection on divided ownership and the purpose and genesis of the superficiary right of building in relation to its origins, as well as a prediction of future developments of this legal concept in the real estate market. To analyse the concept, the paper employs formal and legal methods (logical, grammatical and historical method). A comparative study is conducted in the spirit of the comparative method. The superficiary right of building is a suitable complement to the range of options of property rights offered by the new Civil Code. The author concludes that the use of the superficiary right of building, although not limited in comparison with the 1912 Act, will likely be less frequent and focused on longer-term projects.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132015843","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