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Social Risk Management as a Strategy in the Fight Against Poverty and Social Exclusion 社会风险管理是消除贫困和社会排斥的一种战略
DANUBE: Law and Economics Review Pub Date : 2016-06-01 DOI: 10.1515/danb-2016-0007
Hana Vykopalová
{"title":"Social Risk Management as a Strategy in the Fight Against Poverty and Social Exclusion","authors":"Hana Vykopalová","doi":"10.1515/danb-2016-0007","DOIUrl":"https://doi.org/10.1515/danb-2016-0007","url":null,"abstract":"Abstract Questions surrounding the fight against poverty and social exclusion have become a global priority. Poverty and its causes are perceived as differences in the economic and social development of each individual continent and country. Social risk management was developed by the World Bank as a specific conceptual framework of social protection strategy and includes prevention, mitigation and the management of social risks. The diverging causes of poverty across the European continent assume a different approach in identifying causes and social risk management. An important aspect of the EU’s social policy is to combat unemployment and social exclusion with the support of the European fund to help the extreme poor and other EU funds, e.g. EQUAL. The appropriate implementation of social risk management in each country is a prerequisite for reducing extreme poverty. Social risk management as a global strategy to combat poverty and extreme poverty is a challenge in the field of education which offers a new range of views and is generating more complex professional competencies in education and new possibilities for university graduates in the labor market.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"3 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":"133470757","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: 6
Carrots and Sticks as Incentive Mechanisms for the Optimal Initiation of Insolvency Proceedings 胡萝卜和大棒作为最佳启动破产程序的激励机制
DANUBE: Law and Economics Review Pub Date : 2016-06-01 DOI: 10.1515/danb-2016-0005
Jaka Cepec, M. Kovač
{"title":"Carrots and Sticks as Incentive Mechanisms for the Optimal Initiation of Insolvency Proceedings","authors":"Jaka Cepec, M. Kovač","doi":"10.1515/danb-2016-0005","DOIUrl":"https://doi.org/10.1515/danb-2016-0005","url":null,"abstract":"Abstract The pursuit of ex-ante efficiency in bankruptcy law has been widely discussed in recent law and economics literature. However, the exact incentive mechanisms inducing the optimal commencement of bankruptcy proceedings have generally been exempted from the current scholarly debate. Using the law and economics tools and comparative analysis, this paper seeks to identify insolvency-specific optimal incentive mechanisms, while using the general theory on carrots and sticks in legal regulations. The paper suggests the employment of mixed-sticks-and-carrots incentive mechanisms for managers’ prompt proposals of insolvency proceedings as an optimal regulatory response. Moreover, the article provides comparative evidence that exclusive use of sticks or carrots in French, German, US, English, and Slovenian legal systems results in sub-optimal initiation of insolvency proceedings and may also induce adverse effects on prompt initiation.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"32 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":"117305931","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: 6
European Constitutionalism as the Metatheory of the Construction of Legal and Political Reality and the Challenges for its Development* 欧洲宪政作为法律与政治现实建构的元理论及其发展的挑战*
DANUBE: Law and Economics Review Pub Date : 2016-03-01 DOI: 10.1515/danb-2016-0003
Jolanta Bieliauskaitė, Vytautas Šlapkauskas
{"title":"European Constitutionalism as the Metatheory of the Construction of Legal and Political Reality and the Challenges for its Development*","authors":"Jolanta Bieliauskaitė, Vytautas Šlapkauskas","doi":"10.1515/danb-2016-0003","DOIUrl":"https://doi.org/10.1515/danb-2016-0003","url":null,"abstract":"Abstract The latter European crisis reveals the fact that traditional agreements between governments of the Member States and supranational political and legal institutions of the European Union are not sufficient for the maintenance of European Union stability and integrity. Therefore, the political and legal sustainability of the European Union requires a certain metatheory as a methodology, which could essentially contribute to the coherent construction, interpretation and assessment of theoretical and practical issues of the European Union’s legal and political reality. This paper aims to explore two main questions: What is constitutionalism as a legal-political metatheory? What challenges are faced by this theory while addressing the specific EU legal-political reality construction problems? The results of the research reveal that constitutionalism as a metatheory is constituted by principles and values, which provide ideological support for the development of the nation, and performs a methodological function in the construction of legal and political reality. However, the EU’s political elite still seeks to legitimize constitutionalism as a political action theory, which, accordingly, legitimizes the respective legal policies it pursues. This process dangerously increases the gap between the EU’s political elite and the societies of its Member States.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114657084","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
Policy Autonomy, Coordination or Harmonization in the Persistently Heterogeneous European Union? 政策自主、协调或协调在持续的异质欧盟?
DANUBE: Law and Economics Review Pub Date : 2016-03-01 DOI: 10.1515/danb-2016-0004
Luděk Kouba, Michal Mádr, D. Nerudová, Petr Rozmahel
{"title":"Policy Autonomy, Coordination or Harmonization in the Persistently Heterogeneous European Union?","authors":"Luděk Kouba, Michal Mádr, D. Nerudová, Petr Rozmahel","doi":"10.1515/danb-2016-0004","DOIUrl":"https://doi.org/10.1515/danb-2016-0004","url":null,"abstract":"Abstract Within the context of the continuing integration process in Europe, this paper addresses the question of whether policies in the EU should head towards autonomy, coordination or harmonization. Taking the path dependence effect into account, it is the authors’ opinion that Europe has gone too far in its integration process to be able to continue with policies being fully under the competences of individual member countries. However, the habitual question still arises: does fiscal policy need to be harmonized to a level comparable to monetary policy as these two policies, necessarily, complement each other? This paper argues that it does not. There are three main arguments discussed. Firstly, the authors build on the theory of fiscal federalism. Secondly, there are significantly different regimes of welfare states and extents of social policies among European countries, which strongly determine the character of public finance. And thirdly, the tax systems across Europe are also highly divergent, with many features of continuing tax competition.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"235 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125704183","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: 6
Inspection Regulation between General Procedural Codification and Field Specifics – a Case Study of Slovenia 一般程序法典与实地细节之间的检验规则——以斯洛文尼亚为例
DANUBE: Law and Economics Review Pub Date : 2016-03-01 DOI: 10.1515/danb-2016-0001
P. Kovač
{"title":"Inspection Regulation between General Procedural Codification and Field Specifics – a Case Study of Slovenia","authors":"P. Kovač","doi":"10.1515/danb-2016-0001","DOIUrl":"https://doi.org/10.1515/danb-2016-0001","url":null,"abstract":"Abstract Inspection, as the authoritative supervision of private liable persons to comply their activities with sector-specific laws, should ensure the full implementation of public policies. Slovenia adopted the Inspection Act (IA) in 2002, in order to conduct efficient inspection, and simultaneously guarantee the defence rights of the supervised parties pursuant to the fundamental principles of the EU, the national Constitution, and general Administrative Procedure Act. This article addresses the search for a balance between general codification and sector-related specifics as stipulated by the IA, applying normative, constitutional case law and comparative methods. Special attention is dedicated to the IA rules regarding participants, their legal protection and stages of respective proceedings. It has been concluded that the most of the IA specifics are justified in order to efficiently serve the public interest. This study reveals that the Slovene IA can represent a role model for efficient yet democratic supervision in other MS as well.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128358153","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: 0
Do Auctions Improve Public Procurement? Evidence from the Czech Republic 拍卖能改善公共采购吗?来自捷克共和国的证据
DANUBE: Law and Economics Review Pub Date : 2015-12-31 DOI: 10.1515/danb-2015-0015
M. Kvasnička, Rostislav Staněk, Ondřej Krčál
{"title":"Do Auctions Improve Public Procurement? Evidence from the Czech Republic","authors":"M. Kvasnička, Rostislav Staněk, Ondřej Krčál","doi":"10.1515/danb-2015-0015","DOIUrl":"https://doi.org/10.1515/danb-2015-0015","url":null,"abstract":"Abstract This paper explores the effect of various contract-awarding procedures in public procurement on the price of the contract. We provide a theoretical model that compares prices in different procedures and tests whether there is a significant price difference between the procedures using data from Czech public procurement. The model predicts that auctions are more efficient than negotiations given the same number of suppliers, and open procedures are more efficient than closed procedures if high-cost firms are selected for the closed procedure. In accordance with the first prediction, we find that open auctions are more efficient than open negotiations. Concerning the second prediction, we find that closed procedures are less efficient than open procedures, which suggests that procurers tend to select relatively more costly firms to participate in closed procedures. Comparing all four awarding procedures, we find that open auctions are the most efficient procedure used in the Czech Republic. We estimate that the inefficiencies due to the use of other contract-awarding procedures are substantial.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"12 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134219270","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: 0
Slovenian Complementary Health Insurance Reform – Dichotomy between the Internal Market and the Social Dimension 斯洛文尼亚补充医疗保险改革——内部市场和社会层面之间的二分法
DANUBE: Law and Economics Review Pub Date : 2015-12-01 DOI: 10.1515/danb-2015-0013
B. Nikolić
{"title":"Slovenian Complementary Health Insurance Reform – Dichotomy between the Internal Market and the Social Dimension","authors":"B. Nikolić","doi":"10.1515/danb-2015-0013","DOIUrl":"https://doi.org/10.1515/danb-2015-0013","url":null,"abstract":"Abstract Complementary health insurance is divided between the internal market (market principles) and social dimension, wherein the state has an extremely difficult task, as it must create the conditions necessary for the fair and efficient functioning of the health care financing system. Slovenia has failed to successfully accomplish this task, which consists of both ensuring the social dimension and also facilitating the operation of market principles. The aim of this article is not on the functioning of market principles, which are covered by the field of economics, but is instead on analyzing the dichotomy between the internal market (the rules that govern the functioning of the internal market) and the social dimension (the rules that enable the exercise of the social function), and, in this light, analyzes the legal regulation of the Slovenian complementary health insurance. Analysis of the legal regulation highlights the shortcomings in ensuring the social dimension, shortcomings which are, with the help of the measures proposed in the concluding section of the article, remedied by the author.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131092746","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: 0
Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code 新民法典下捷克民法中不可抗力造成的合同处罚和迟延付款权
DANUBE: Law and Economics Review Pub Date : 2015-12-01 DOI: 10.1515/danb-2015-0016
M. Janků
{"title":"Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code","authors":"M. Janků","doi":"10.1515/danb-2015-0016","DOIUrl":"https://doi.org/10.1515/danb-2015-0016","url":null,"abstract":"Abstract In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the legislation (höhere Gewalt, vis major). The Czech regulations represented by the new Civil Code of 2012 (CivC), however, contains only a framework provision that mentions discharging reasons. The paper deals with the – rather disputable – issue that the force majeure does not affect the obligation to pay a contractual penalty under the new rules of the CivC. It should be therefore reflected in the arrangements for contractual penalties inter partes. To this effect the paper analyses the concepts of contractual penalties and force majeure in civil law legislation. Afterwards it compares their mutual relationship and impact on the obligations of the Contracting Parties. Finally, it draws recommendations for practice from the perspective of the contracting process.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126811300","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
The Relationship between Property Rights and Economic Growth: an Analysis of OECD and EU Countries 产权与经济增长的关系:基于经合组织和欧盟国家的分析
DANUBE: Law and Economics Review Pub Date : 2015-12-01 DOI: 10.1515/danb-2015-0014
Ceyhun Haydaroğlu
{"title":"The Relationship between Property Rights and Economic Growth: an Analysis of OECD and EU Countries","authors":"Ceyhun Haydaroğlu","doi":"10.1515/danb-2015-0014","DOIUrl":"https://doi.org/10.1515/danb-2015-0014","url":null,"abstract":"Abstract In recent years, institutions and institutional structure have become some of the most popular concepts analyzed by economics theory. New growth theories have especially focused on the effects of institutions and institutional structure on a macro level. Property rights are one of the most important elements of this institutional structure. The relationship between property rights and economic growth have drawn the attention of many researchers and policymakers in recent years. The aim of this study, covering the period 2007–2014, is to examine the relationship between property rights and economic growth with the help of PARDL in OECD and EU countries. According to the result of a bounds test, there is cointegration between the variables. The long- and short-term relationships between series were determined and the results taken from the analysis show that there is a positive effect on economic growth in those countries.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128266943","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: 11
The Revenue Side of a Universal Basic Income in the EU and Euro Area 欧盟和欧元区全民基本收入的收入面
DANUBE: Law and Economics Review Pub Date : 2015-09-01 DOI: 10.1515/danb-2015-0010
J. Mencinger
{"title":"The Revenue Side of a Universal Basic Income in the EU and Euro Area","authors":"J. Mencinger","doi":"10.1515/danb-2015-0010","DOIUrl":"https://doi.org/10.1515/danb-2015-0010","url":null,"abstract":"Abstract This paper tries to answer the question of whether universal basic income on the European level is a realistic option or an illusion. As UBI implies a much larger EU budget and a redistribution of collected budget revenues, the chance of introducing UBI depends on the required redistribution – the larger the redistribution, the lower the chance. The chance is indirectly assessed by an exercise in which 50 percent of actual tax revenues generated by indirect taxes of member states is collected at the center and distributed equally to all citizens. Though the net costs to the rich are relatively modest, the results indicate that the idea of introducing UBI on the European level is an illusion.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127986853","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
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