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Soft Law – The Intermediate Stage Between Freedom and Control 软法律——介于自由和控制之间的中间阶段
Danube Pub Date : 2022-03-01 DOI: 10.2478/danb-2022-0004
Mirko Pečarič
{"title":"Soft Law – The Intermediate Stage Between Freedom and Control","authors":"Mirko Pečarič","doi":"10.2478/danb-2022-0004","DOIUrl":"https://doi.org/10.2478/danb-2022-0004","url":null,"abstract":"Abstract The soft law is placed on a scale between freedom and control, autonomy, and hard law. At first sight, it falls short of building elements known in the legal principles of law, like transparency, certainty, and predictability, but on the other hand, it is needed to address areas where complexity reigns, where flexibility is needed, where hard law is too hard, invasive, and inappropriate to achieve more distant goals. As soft law can have not only practical but also legal effects, this paper analyses the basic elements of soft law, its practice in the US, France, and the EU and gives pro et contra arguments to be able to recognise it as such and to apply it on a more objective manner. This can be done with the help of the manifest error standard of the judiciary, its structure, and the help of participatory collective wisdom. A first step could be the use of the evidentiary standard of manifest error as a possible solution for the most effective soft law (a la “Turing style”), after which the structure and collective wisdom follow. When the principle of loyal cooperation among institutions is established, the soft law hardens more and more into clay and/or hard law. It thus matters who, when, how, and why to enact the soft law.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44825909","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
Changes in Management of Business Education Based on Covid-19 Pandemic 基于新冠肺炎疫情的商业教育管理变革
Danube Pub Date : 2022-03-01 DOI: 10.2478/danb-2022-0003
Lucie Depoo, Jiří Boháček, Markéta Šnýdrová, Gabriela Ježková Petrů, I. Šnýdrová, R. Zuzák
{"title":"Changes in Management of Business Education Based on Covid-19 Pandemic","authors":"Lucie Depoo, Jiří Boháček, Markéta Šnýdrová, Gabriela Ježková Petrů, I. Šnýdrová, R. Zuzák","doi":"10.2478/danb-2022-0003","DOIUrl":"https://doi.org/10.2478/danb-2022-0003","url":null,"abstract":"Abstract This article focuses on the perception of crisis management of case business university due to the shift from in-person learning to online or distance form based on COVID-19 and suggestions to improve university branding and competitiveness. Results are based on interviewing students enrolled at business courses during the coronavirus crisis. The aim is to identify successful crisis management practices of a university based on key factors drawn from students’ feedback to ensure smooth shift to online education while maintaining efficiency and reputation. Students reactions were analysed to construct factors leading to successfully manage university’s value though non-standard period. Students reflection on their experiences brings factors crucial to manage unexpected situation, i.e.: personalized communication, openness of school staff, fast reactions, alternative study possibilities, management of social impact, and alternative exams.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49148847","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
Artificial Intelligence or the Ultimate Tool for Conservatism 人工智能还是保守主义的终极工具
Danube Pub Date : 2022-03-01 DOI: 10.2478/danb-2022-0001
Maciej Marcinowski
{"title":"Artificial Intelligence or the Ultimate Tool for Conservatism","authors":"Maciej Marcinowski","doi":"10.2478/danb-2022-0001","DOIUrl":"https://doi.org/10.2478/danb-2022-0001","url":null,"abstract":"Abstract Artificial intelligence (AI) is foremost viewed as a technologically revolutionary tool, however, the author discusses here whether it is in fact a tool for socio-economic and legal conservatism, because its training data is always embedded in the past. The aim of this paper is to explain, exemplify and predict – whether and how – AI could cause discrimination, stagnation and uniformization by conserving what is relayed even by the most representative data. Furthermore, the author aims to propose possible legal barriers to these phenomena. The presented hypotheses are based upon empirical research and socioeconomic or legal mechanisms, aiming to predict possible results of AI applications under specific conditions. Results indicate that the inherent AI conservatism could indeed cause severe discrimination, stagnation and uniformization, especially if its applications were to remain unquestioned and unregulated. Hopefully, the proposed legal solutions could limit the scope and effectiveness of AI conservatism, encouraging AI-related solutions.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44784044","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
Analysis of Legal Powers of Municipal Wardens they Possess to Ensure Safety At the Local Level 市级督导员保障地方安全的法权分析
Danube Pub Date : 2022-03-01 DOI: 10.2478/danb-2022-0002
Miha Dvojmoč, Bojan Tičar
{"title":"Analysis of Legal Powers of Municipal Wardens they Possess to Ensure Safety At the Local Level","authors":"Miha Dvojmoč, Bojan Tičar","doi":"10.2478/danb-2022-0002","DOIUrl":"https://doi.org/10.2478/danb-2022-0002","url":null,"abstract":"Abstract In Slovenia, the Municipal Warden Services Act (ZORed, 2006, and ZORed-A, 2017) represents the framework organisational legal act regulating the field of work of municipal wardens. In addition to the above act, the field of work and tasks performed by municipal wardens are also regulated by other laws and by-laws. Legal regulations enable and allow authorised persons of municipal warden services to use repressive powers in ensuring security. The article thus presents the security powers of municipal wardens from the point of view of the applicable Slovenian legal order. The article is a scientific review based on grammatical and dogmatic interpretation of applicable legal regulations and selected decisions of the Constitutional Court of the Republic of Slovenia, and on an analytical method of the review of the Slovenian legislation in the field in question. The legal methods used by the author also include a synthetic method of comparing the legislation from the underlying Municipal Warden Services Act (ZORed, 2006) and its main amendments set out in the ZORed-A (2017). The paper is a comprehensive review of measures that municipal wardens may use to ensure safety at the local level. The author lists the relevant scientific and professional literature and argues about polemic issues with other prominent Slovenian authors. In Slovenia, laws are being amended, giving more and more powers to municipal wardens. The conceptual changes introduced by the ZORed-A (2017) have resolved some ambiguities, such as the addition/amendment of articles relating to the conditions for performing municipal warden tasks and supervision over their use, but a comprehensive and systematic amendment of municipal warden services legislation would nevertheless be useful.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46180220","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
The Right to Prevent Destruction of Murals 防止毁坏壁画的权利
Danube Pub Date : 2022-03-01 DOI: 10.2478/danb-2022-0005
Petra Žárská
{"title":"The Right to Prevent Destruction of Murals","authors":"Petra Žárská","doi":"10.2478/danb-2022-0005","DOIUrl":"https://doi.org/10.2478/danb-2022-0005","url":null,"abstract":"Abstract The destruction of murals burdens artists around the world. Many times, the only option they can rely on is the prohibition of any distortion, mutilation or modification of work under art. 6bis of the Berne Convention, because multiple legal orders are silent on the prohibition of destruction. Thus, this comparative analysis will impartially evaluate legal protection of murals in the USA, France and Germany. The author will thoroughly scrutinize and compare biding laws and case law of selected jurisdictions. The aim of the analysis is to assess the level of protection afforded by the integrity right, which will lead to the conclusion on the necessity of the right to prevent destruction of artwork as a separate right included in Copyright acts.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47113553","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
The Performance of Slovenian Hospitals: The Development of Sustainable Business Model 斯洛文尼亚医院绩效:可持续商业模式的发展
Danube Pub Date : 2021-12-01 DOI: 10.2478/danb-2021-0017
Tatjana Stanimirović, D. Stanimirović
{"title":"The Performance of Slovenian Hospitals: The Development of Sustainable Business Model","authors":"Tatjana Stanimirović, D. Stanimirović","doi":"10.2478/danb-2021-0017","DOIUrl":"https://doi.org/10.2478/danb-2021-0017","url":null,"abstract":"Abstract Due to the Covid-19 epidemic, the Slovenian Government ended the project of rehabilitating Slovenian hospitals that showed negative financial operations by the end of 2016. The special Government Act provided one-time financial compensation and simultaneously tasked the hospitals with preparing rehabilitation programs. A case study applied the rehabilitation programs of 12 Slovenian hospitals and interviews with the directors of individual hospitals to collect data. In-depth analysis revealed several shortcomings that were identified and addressed with measures outlined in the rehabilitation programs. Most of them extend to the areas of activity, financial operations, and health services. The study results suggest that the transformation of the current operating mode of Slovenian hospitals in the direction of creating a sustainable business model would require the definition of sustainable objectives, reorganization and coordination of various institutional factors, and the support of such reform through normative and other systemic measures.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44547658","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
Assessment of Legality of Anti-Terrorist Screening of Job Seekers Under EU Law and National Law. A Theoretical and Practical Approach 根据欧盟法律和国家法律对求职者进行反恐筛查的合法性评估。理论与实践方法
Danube Pub Date : 2021-12-01 DOI: 10.2478/danb-2021-0019
Jana Žuľová, M. Švec
{"title":"Assessment of Legality of Anti-Terrorist Screening of Job Seekers Under EU Law and National Law. A Theoretical and Practical Approach","authors":"Jana Žuľová, M. Švec","doi":"10.2478/danb-2021-0019","DOIUrl":"https://doi.org/10.2478/danb-2021-0019","url":null,"abstract":"Abstract The aim of the scientific paper is to identify employer’s options when engaging in anti-terrorist screening of future employees and to assess the compliance of such a procedure with the relevant European and national legislation. Through the use of qualitative scientific methods such as the analytical-descriptive method, comparison, critical analysis, induction, deduction, and synthesis of the acquired knowledge, the authors draw attention to a different approach to choosing appropriate legal bases for processing relevant information about employees, including different approach to labour law and the personal data protection law. The analysis of the principle of legality of personal data processing in the framework of anti-terrorist screening of job seekers takes into account a specific position of the job seeker as a weaker party to the prospective employment agreement.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48269002","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
Factors Influencing the Level of Tax Literacy of Students of Bachelor Study Programmes in Economics at Faculties of Economics 影响经济学院经济学学士课程学生税收素养水平的因素
Danube Pub Date : 2021-12-01 DOI: 10.2478/danb-2021-0020
Lucie Formanová, Michal Mádr, B. Andrlík, Veronika Hrabalová
{"title":"Factors Influencing the Level of Tax Literacy of Students of Bachelor Study Programmes in Economics at Faculties of Economics","authors":"Lucie Formanová, Michal Mádr, B. Andrlík, Veronika Hrabalová","doi":"10.2478/danb-2021-0020","DOIUrl":"https://doi.org/10.2478/danb-2021-0020","url":null,"abstract":"Abstract The paper is devoted to the issue of tax literacy, where the aim is to identify factors that affect the level of tax literacy of students of economics at the bachelor’s degree level in the Czech Republic. Through a questionnaire survey, students’ knowledge was tested and research hypotheses were verified using statistical and econometric methods. The survey showed that the level of tax literacy of the defined sample of respondents was satisfactory. Moreover, it was found that this knowledge is mainly influenced by the factor of taking courses with a focus on tax issues and the respondent’s own perception of the level of tax literacy. Specifically, respondents who had taken a tax course or considered themselves tax literate had, on average, five percentage points higher scores on the tax literacy test. On the other hand, the gender of the respondent can be considered a statistically insignificant factor.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43543944","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
Regional Differences in Revenues from Local Taxes in Comparison to the Socio-Economic Level of the Regions of the Slovak Republic 地方税收入的地区差异与斯洛伐克共和国各地区社会经济水平的比较
Danube Pub Date : 2021-09-01 DOI: 10.2478/danb-2021-0013
Filip Flaška, Zuzana Rigová, Stanislav Kološta, Katarína Liptáková
{"title":"Regional Differences in Revenues from Local Taxes in Comparison to the Socio-Economic Level of the Regions of the Slovak Republic","authors":"Filip Flaška, Zuzana Rigová, Stanislav Kološta, Katarína Liptáková","doi":"10.2478/danb-2021-0013","DOIUrl":"https://doi.org/10.2478/danb-2021-0013","url":null,"abstract":"Abstract The aim of the article is to reveal regional differences in revenues from local taxation and to compare the development of local government taxation ratios with selected socio-economic indicators within the NUTS III regions in the Slovak Republic. The paper points out the regional differences in local tax revenues in relation to total tax revenues, own current revenues, and total current expenditures with regard to the socio-economic level of the regions. We measure regional disparities through the coefficient of variation and the socio-economic level of regions through the composite index created from selected socioeconomic indicators of the respective regions. Results indicate that the social and economic performance of regions had an impact on revenues from taxation by local governments. We observe a declining trend of the monitored indicators from west to north-east of the country.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41819980","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: 1
Towards a New Global Development Paradigm and Restructuring the Economy Into a Sustainable 全球发展新模式与可持续经济转型
Danube Pub Date : 2021-09-01 DOI: 10.2478/danb-2021-0014
E. Svitačová, D. Moravčíková
{"title":"Towards a New Global Development Paradigm and Restructuring the Economy Into a Sustainable","authors":"E. Svitačová, D. Moravčíková","doi":"10.2478/danb-2021-0014","DOIUrl":"https://doi.org/10.2478/danb-2021-0014","url":null,"abstract":"Abstract The current economy transcends the boundaries of sustainability, threatens the quality of life on Earth and, ultimately, of the man himself, which requires its restructuring to a sustainable one. The unsustainability of the development of society, which causes the development of the economy in a global environment, is revealed by theoretical research based on qualitative analysis of texts and documents. Subsequently, the need to change the paradigmatic basis of economic theory is explained and a new model of economy – sustainable economy – is outlined. Using logical methods and comparison of basic axioms, postulates and based on the prediction of further development, the study emphasizes that moving towards a more sustainable future presupposes the replacement of neoclassical paradigm by a new paradigm – the paradigm of sustainable development. Restructuring the economy into a sustainable one will be based on this paradigm, as confirmed by some of the outlined new economic theories and initiatives.","PeriodicalId":38400,"journal":{"name":"Danube","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43066616","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: 1
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