LexonomicaPub Date : 2022-06-22DOI: 10.18690/lexonomica.14.1.29-48.2022
Mic Ukaj, Avdullah Hoti, R. Topxhiu
{"title":"Private Returns to Education in Developing Countries: Evidence from Kosovo","authors":"Mic Ukaj, Avdullah Hoti, R. Topxhiu","doi":"10.18690/lexonomica.14.1.29-48.2022","DOIUrl":"https://doi.org/10.18690/lexonomica.14.1.29-48.2022","url":null,"abstract":"This paper aims to assess the reward that employees receive from education in the Kosovo labour market in terms of a wage premium. The incentive to address this issue comes as a result of the high increase in participation in formal education in recent decades, especially in higher education. The research is mainly focused on private benefits from education, in terms of wage increases, assessed through a private return to investment in education. For this research, microdata from the Labour Force Survey has been used, conducted by the Kosovo Agency of Statistics. We used only the sample of wage employees, which includes 9,300 individuals. The econometric model used in processing the empirical results is based on Mincer's wage equation. The results presented in section 5 reveal that the rate of return on education investment has been sufficient to keep the demand for education investment alive. In comparison to the other two levels of education (primary and secondary), the results indicate a very high rate of return to tertiary education, justifying the high enrollment in this level of education. Females receive a higher rate of return than males.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"5 4 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81341526","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}
LexonomicaPub Date : 2021-12-23DOI: 10.18690/lexonomica.13.2.187-212.2021
A. Demetriades, Alexandros Demetriades
{"title":"Using related Legal Systems to secure the Execution of just Satisfaction awarded by the ECtHR","authors":"A. Demetriades, Alexandros Demetriades","doi":"10.18690/lexonomica.13.2.187-212.2021","DOIUrl":"https://doi.org/10.18690/lexonomica.13.2.187-212.2021","url":null,"abstract":"The present article hopes to initiate a discussion concerning alternative methods through which applicants themselves can ensure that recalcitrant respondent States comply with their obligations to execute the judgments of the ECtHR. This may be done by mobilising related legal systems towards this end. This paper focuses on the 'just satisfaction' element of the judgment and examines one possible avenue through which applicants themselves can secure their payment. The relevant course of action has two elements: (i) securing the recognition of the ECtHR's order to pay within the national legal order of a non-respondent High Contracting Party to the Convention and requesting that the relevant national court issue a third-party debt order against the European Commission and (ii) securing the waiver of the European Commission's immunity.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"70 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73740167","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}
LexonomicaPub Date : 2021-06-30DOI: 10.18690/lexonomica.13.1.109-134.2021
Flutura Kola
{"title":"The Albanian Enforcement System","authors":"Flutura Kola","doi":"10.18690/lexonomica.13.1.109-134.2021","DOIUrl":"https://doi.org/10.18690/lexonomica.13.1.109-134.2021","url":null,"abstract":"This article presents an overview of the Albanian legal system of enforcement in the civil and commercial area. Its purpose is not only to identify the enforcement system in Albania and the characteristics of each enforcement title but also to compare it with that of the Brussels IA Regulation. The article concludes that the Albanian enforcement system is built on the spirit of the European system and is very similar to several European countries. However, the range of foreign enforcement titles that can be recognized and enforced in Albania is narrower than that provided in the European Union countries. Therefore, it should be expanded to include, in addition to irreversible judgments, other European enforcement acts, such as European Payment Order, Settlement Agreements, Authentic instruments, etc.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83688230","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}
LexonomicaPub Date : 2021-06-30DOI: 10.18690/lexonomica.13.1.91-108.2021
Dalia Višinskytė, Mykolas Kirkutis, Remigijus Jokubauskas, Vigintas Višinskis
{"title":"Application of Article 6 of the European Convention of Human Rights in Enforcement Proceedings","authors":"Dalia Višinskytė, Mykolas Kirkutis, Remigijus Jokubauskas, Vigintas Višinskis","doi":"10.18690/lexonomica.13.1.91-108.2021","DOIUrl":"https://doi.org/10.18690/lexonomica.13.1.91-108.2021","url":null,"abstract":"The application of procedural guarantees of the right to a fair trial is significant for effective legal defence. Certain element of the right to a fair trial are applicable in enforcement proceedings, such the requirement for reasonable length of enforcement proceedings, cooperation between the parties, the principle of adversarial proceedings. Since enforcement proceedings are an integral part of litigation in the court, states may be liable for a failure to ensure effective enforcement proceedings.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"18 ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72440082","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}
LexonomicaPub Date : 2021-06-30DOI: 10.18690/lexonomica.13.1.69-90.2021
Irena Merc
{"title":"Recovery of Interest in Enforcement Procedure in the Republic of Slovenia","authors":"Irena Merc","doi":"10.18690/lexonomica.13.1.69-90.2021","DOIUrl":"https://doi.org/10.18690/lexonomica.13.1.69-90.2021","url":null,"abstract":"In Slovenian enforcement procedures, the principle of formal legality applies, so the enforcement court is bound by the enforceable title. The court must allow the enforcement of the claim as it follows from the enforceable title. The creditor also needs an enforceable title to claim interest. Interest arising from a Slovenian enforceable title shall be executed at the interest rate specified in Slovenian legislation. In the Republic of Slovenia, interest arising from a foreign enforceable title takes place at the interest rate determined by a foreign substantive provision. If the interest rate is determinable in a foreign enforceable title, the Slovenian Enforcement Court shall concretise the obligation by determining the interest rate determined by foreign law before issuing the writ of execution.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"30 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73285877","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}
LexonomicaPub Date : 2021-06-30DOI: 10.18690/lexonomica.13.1.29-48.2021
Mykolas Kirkutis, Remigijus Jokubauskas, Darius Bolzanas, Vigintas Višinskis
{"title":"Two-Tier System of Judgments and Orders (Nature of the Separate Order to Pay or Fulfil the Claim)","authors":"Mykolas Kirkutis, Remigijus Jokubauskas, Darius Bolzanas, Vigintas Višinskis","doi":"10.18690/lexonomica.13.1.29-48.2021","DOIUrl":"https://doi.org/10.18690/lexonomica.13.1.29-48.2021","url":null,"abstract":"The quality of procedural judicial documents is one of the most important components of judicial proceedings. The trust of individuals and the public in the judicial system may also depend on the quality of these documents. Therefore, Lithuanian legislation sets certain standards for procedural judicial documents. As well as, the law also provides for certain possibilities to eliminate ambiguities in court procedural documents both after the court decision has been made and during enforcement proceedings.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"116 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87757631","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}
LexonomicaPub Date : 2021-06-30DOI: 10.18690//lexonomica.13.17.-28.2021
Bettina Nunner-Krautgasser
{"title":"The Effect of Enforceability","authors":"Bettina Nunner-Krautgasser","doi":"10.18690//lexonomica.13.17.-28.2021","DOIUrl":"https://doi.org/10.18690//lexonomica.13.17.-28.2021","url":null,"abstract":"In this paper, the author focuses on the effect of enforceability, in particular in relation to Austrian law. However, insights into German and European law are also provided. Enforceability is an effect of a judgment which is basically only granted to performance judgments. Declaratory and constitutive decisions (with the exception of the decision on costs) are not enforceable as such. As a result, the order for performance contained in the judgment can be enforced by state coercive measures. Enforceability occurs upon termination of the performance period. Enforceability is neither a consequence of, nor necessarily coincides with, res judicata. The introduction of the Brussels Ia Regulation has fundamentally changed the system of enforcement of foreign decisions. Decisions given in the EU Member State and enforceable in that State are now enforceable in another Member States without the need for a declaration of enforceability.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"23 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83566216","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}
LexonomicaPub Date : 2021-06-30DOI: 10.18690/lexonomica.13.1.1-16.2021
Maria Dymitruk, Jacek Gołaczyński, M. Kaczorowska, Piotr Rodziewicz
{"title":"Differences Between the Recognition and Enforcement of Authentic Instruments and the Recognition and Enforcement of Judgments","authors":"Maria Dymitruk, Jacek Gołaczyński, M. Kaczorowska, Piotr Rodziewicz","doi":"10.18690/lexonomica.13.1.1-16.2021","DOIUrl":"https://doi.org/10.18690/lexonomica.13.1.1-16.2021","url":null,"abstract":"The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"22 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72654806","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}
LexonomicaPub Date : 2021-06-30DOI: 10.18690/lexonomica.13.1.49-68.2021
Jacek Gołaczyński, Marek Zalisko
{"title":"Nexus of the Location of Performance of an Obligation as the Basis of Jurisdiction in the Brussels I bis Regulation in Cases Versus Air Carriers","authors":"Jacek Gołaczyński, Marek Zalisko","doi":"10.18690/lexonomica.13.1.49-68.2021","DOIUrl":"https://doi.org/10.18690/lexonomica.13.1.49-68.2021","url":null,"abstract":"As it is correctly emphasized by the European Union (EU) legislator, actions in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. The paper attempts to discuss the nexus of the location of performance of an obligation as the basis of special jurisdiction in the context of the Brussels I bis Regulation in cases versus air carriers. A passenger’s choice of special jurisdiction based on the nexus of the location of performance of an obligation in the context of Brussels I bis Regulation, applicable to cross-border matters between Member States supersedes general jurisdiction based on the place of domicile of an air carrier. The nexus of the location of performance of an obligation in cross-border disputes resulting from a contract of air transport made between a passenger and an air carrier as a rule enables the passenger to bring an action in a court based in the location of arrival or departure of the flight.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"14 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88989680","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}
{"title":"Contemporary issues of enforcement process in Ukraine: domestic and international aspects","authors":"Fursa Svitlana Yaroslavivna, Malskyy Markian Markianovych, Fursa Yevhen Yevhenovych, Fursa Yevhen Ivanovych","doi":"10.18690/lexonomica.13.2.213-234.2021","DOIUrl":"https://doi.org/10.18690/lexonomica.13.2.213-234.2021","url":null,"abstract":"This article is devoted to the particularities of enforcement process theory and the analysis of international acts and national legislation that govern coercive enforcement of decisions of courts and other bodies (official persons) with a foreign element. The place of international enforcement procedure within the legal system is analysed together with its interconnection with the other branches of law, in particular with private international law, international civil procedure and enforcement procedure. It is suggested that international enforcement procedure should be recognised as a sub-branch of enforcement procedure. The sources of international enforcement procedure were characterised as well, in particular: Global enforcement code, bilateral and multilateral international agreements, European Court of Human Rights case law, Ukrainian court case law, etc.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76259946","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}