DANUBE: Law and Economics Review最新文献_第5页

Protecting Human Rights Through Fundamental Principles of Administrative Procedures in Eastern Europe 通过《东欧行政程序基本原则》保护人权

DANUBE: Law and Economics Review Pub Date : 2015-02-02 DOI: 10.2478/danb-2014-0014

Tina Sever, Iztok Rakar, P. Kovač

{"title":"Protecting Human Rights Through Fundamental Principles of Administrative Procedures in Eastern Europe","authors":"Tina Sever, Iztok Rakar, P. Kovač","doi":"10.2478/danb-2014-0014","DOIUrl":"https://doi.org/10.2478/danb-2014-0014","url":null,"abstract":"Abstract Administrative procedures (APs) are tools to protect fundamental human rights in statecitizen relations. As the modernization of public administration regulation is undergoing a transformation in the direction of reducing detailed rules on APs and, by the same token, emphasizing fundamental or general principles, research on the development and the state of the art of administrative principles in the general administrative procedure acts (APAs) of selected Eastern Europe countries with a common heritage of Austrian law dating back to 1925 (Slovenia, Croatia, Macedonia and the Czech Republic) was carried out. The normative-comparative analysis reveals differences in approaches to and the pace of APAs reform and content; some countries are taking a more radical approach, mainly by following good governance dimensions. Convergence based on Council of Europe and EU initiatives is also evident. Classical guarantees against the misuse of power (principles of legality, equality, proportionality, rights of defense, etc.) are therefore crucial. The most progress seems to have been made by Croatia and the Czech Republic; by focusing on partnerships in administrative-legal relations in the sense of good administration, these two countries have, among other things, set a trend for other countries to follow.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115595825","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

Discounts and their Effects - Economic and Legal Approach 折扣及其影响-经济和法律方法

DANUBE: Law and Economics Review Pub Date : 2015-02-02 DOI: 10.2478/danb-2014-0015

Rastislav Funta

引用次数: 0

Expenditures on Collective and Individual Services: Discussion on the Classification of Government Expenditures with Regard to their Inclusion into Growth Models 集体与个人服务支出:政府支出分类与纳入增长模型的探讨

DANUBE: Law and Economics Review Pub Date : 2015-02-02 DOI: 10.2478/danb-2014-0016

Z. Machová, Igor Kotlán

引用次数: 4

Territorial Self-Governing Units of the Czech Republic as Entities Possessing Ownership and Other Proprietary Rights (the Basic Conceptual Issues) 捷克共和国领土自治单位作为拥有所有权和其他所有权的实体(基本概念问题)

DANUBE: Law and Economics Review Pub Date : 1900-01-01 DOI: 10.1515/danb-2016-0006

Petr Havlan, J. Janecek

{"title":"Territorial Self-Governing Units of the Czech Republic as Entities Possessing Ownership and Other Proprietary Rights (the Basic Conceptual Issues)","authors":"Petr Havlan, J. Janecek","doi":"10.1515/danb-2016-0006","DOIUrl":"https://doi.org/10.1515/danb-2016-0006","url":null,"abstract":"Abstract The property owned by self-governing units represents an important socioeconomic factor with the potential to affect a wide range of aspects of life, considering the scope of self-governing units. The aim of this paper is to present an overview of the recent legal regulations regarding the proprietary position of Czech self-governing units (municipalities and regions) as well as comments on their development (considering wider circumstances) from 1990 to the present day. It focuses on the nature of legal entities sui generis (in Czech called “příspěvková organizace”), which perform ownership and other proprietary rights of the municipalities and regions on the basis of specific public law relations. Appropriate attention is also dedicated to other legal subjects operating in the sphere of territorial self-government considering their proprietary position. The sub-objectives of the article are the identification and explanation of solutions to the identified problems concerning the analyzed questions. The methodological part of the article is based on the analysis and critical evaluation of the current state of the discussed legal issues. The authors use the methods of legal hermeneutics to obtain correct interpretations of the analyzed legal regulations. The entities sui generis in question are found to be a relic of the transition period in Czech legal development after the 1990s and should be replaced with up-to-date forms of a public legal entity.","PeriodicalId":208928,"journal":{"name":"DANUBE: Law and Economics Review","volume":"332 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123762819","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

Criminal Liability of Legal Persons in Light of the Subsidiarity of Criminal Repression 从刑事抑制的辅助性看法人的刑事责任

DANUBE: Law and Economics Review Pub Date : 1900-01-01 DOI: 10.1515/danb-2016-0014

P. Kotlán

引用次数: 0