Lex Localis-Journal of Local Self-Government最新文献

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DYNAMICS OF REGIONAL DISPARITY: FROM THEORY TO REALITY 区域差异动态:从理论到现实
4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2025-10-18 DOI: 10.52152/47nntx92
Urooj Fatima, Vinita Yadav
{"title":"DYNAMICS OF REGIONAL DISPARITY: FROM THEORY TO REALITY","authors":"Urooj Fatima, Vinita Yadav","doi":"10.52152/47nntx92","DOIUrl":"https://doi.org/10.52152/47nntx92","url":null,"abstract":"Balanced regional development is vital for nation’s upliftment because uneven growth across regions leads to disparities in the economy, society, and infrastructure that affect the people's quality of life. The paper’s goal is to comprehend the dynamics of regional disparity. The paper also examines the debates regarding various economic and social theories required for the overall development of the region. The study is based on a review of theoretical and empirical literature. Existing definitions, types, and approaches to regional disparity have been studied to provide the necessary theoretical context. The analysis is set in the context of how the interpretations of terms and theories, on the part of both scholars and international organizations, have evolved over several decades. In the evolving landscape of regional planning, development interventions should prioritize both sustainability and social inclusion. The paper underscores the need to address regional disparity and offers valuable insight into future avenues.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"23 S6","pages":"2777-2791"},"PeriodicalIF":0.0,"publicationDate":"2025-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://lex-localis.org/index.php/LexLocalis/article/download/802180/2501","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147888283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
TRANSFORMATIONS IN EDUCATION: A COMPREHENSIVE REVIEW OF INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) ADOPTION BY INDIAN SECONDARY SCHOOL TEACHERS (2000-2024) 教育转型:印度中学教师采用信息和通信技术(ict)的综合回顾(2000-2024)
4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2025-10-07 DOI: 10.52152/zmdxz324
Debasish Das
{"title":"TRANSFORMATIONS IN EDUCATION: A COMPREHENSIVE REVIEW OF INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) ADOPTION BY INDIAN SECONDARY SCHOOL TEACHERS (2000-2024)","authors":"Debasish Das","doi":"10.52152/zmdxz324","DOIUrl":"https://doi.org/10.52152/zmdxz324","url":null,"abstract":"Secondary education in India is in a new shape due to the emergence of Information and Communication Technology (ICT). The modern teaching-learning process has been completely changed after the COVID-19 pandemic. This review explores multiple research papers based on ICT or digital teaching patterns in secondary education. The researcher has gone through more than 200 research papers or review papers. Out of 200 research papers, more than 150 research papers are from Indian writers and the others are from foreign writers. After screening all the papers, the researcher selected 46 papers for analysis. Researcher try to understand, what previous writers have found in their research work. After examining all the research papers, the researcher found that the digital divide exists in the Indian secondary school system. Moreover, the paper explores the barriers that secondary school teachers in India face when integrating ICT into their teaching. The paper also shows a gap between urban and rural infrastructure in terms of ICT. Urban infrastructure is more advanced compared to rural. It also examines how ICT integration in Indian secondary education has been shaped and needs to further support and innovation in order to fully realize the potential of ICT. Nowadays, secondary education has gradually become technology-oriented. Teaching at the secondary level, teachers must be upgraded with technology. Technology has become part and parcel of the modern education system.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"23 S6","pages":"338-351"},"PeriodicalIF":0.0,"publicationDate":"2025-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"http://lex-localis.org/index.php/LexLocalis/article/download/801781/2186","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147906063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
THE ROLE OF EXPENDITURE MANAGEMENT IN MEDICAL AND PUBLIC HEALTH AND ITS IMPACT ON ECONOMIC GROWTH: AN INTER-STATE CAUSAL ANALYSIS 医疗和公共卫生支出管理的作用及其对经济增长的影响:国家间因果分析
4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2025-08-25 DOI: 10.52152/801182
Manokamana Ram, Sunil Kumar, Rajkiran Prabhakar, Sandeep Tiwari, Kishan Shukla, L Bharati
{"title":"THE ROLE OF EXPENDITURE MANAGEMENT IN MEDICAL AND PUBLIC HEALTH AND ITS IMPACT ON ECONOMIC GROWTH: AN INTER-STATE CAUSAL ANALYSIS","authors":"Manokamana Ram, Sunil Kumar, Rajkiran Prabhakar, Sandeep Tiwari, Kishan Shukla, L Bharati","doi":"10.52152/801182","DOIUrl":"https://doi.org/10.52152/801182","url":null,"abstract":"This study explores the intricate and dynamic relationship between economic growth and medical and public health spending in the major Indian states.This paper offers a thorough econometric analysis covering the years 1980–81 to 2021–22, based on forty years of secondary data from the Reserve Bank of India's (RBI) annual publications, including State Finances: A study of Budgets and various RBI Bulletins.Time-series stationarity is checked using the Phillips-Perron and Augmented Dickey-Fuller tests to guarantee methodological rigor. As a dynamic measure of state-level economic performance, the Net State Domestic Product (NSDP) captures economic growth.The study uses advanced econometric methods, such as the Toda-Yamamoto causality test and the Johansen Cointegration Test, to clarify the direction and degree of causation between economic growth and medical and health spending. Key findings show complex interrelationships between states: Assam and Jammu and Kashmir show a unidirectional causal relation between NSDP and health spending, indicating that economic growth is the primary driver of health expenditure in both states. Andhra Pradesh, Gujarat, Himachal Pradesh, Karnataka, Maharashtra, Manipur, Nagaland, Punjab, Rajasthan, Tamil Nadu, Tripura, and the entire country of India exhibit inverse unidirectionality (from health expenditure to NSDP), suggesting that strategic health spending can promote economic growth.Furthermore, only in Uttar Pradesh is bidirectional causality where each variable effects the othersfound, indicating a feedback loop between economic growth and health spending.In contrast, during the study period, no significant causation was found in Bihar, Kerala, Madhya Pradesh, and Odisha. The study emphasizes the significance of approaching health spending management as a component of the states' larger political economy rather than as a separate sector. It ends with a strong policy recommendation: governments should give priority to the medical and public health sectors management through targeted investments, systemic changes, and public-private partnerships in situations where spending on these areas clearly increases NSDP. With this perspective, health should not only be seen as a welfare measure but also as a strategic pillar of human capital and long-term economic growth.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"23 S4","pages":"4129-4147"},"PeriodicalIF":0.0,"publicationDate":"2025-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147901357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
NECESSITY OF JUDICIAL REVIEW IN DELIMITATION AND THE SHIFTING REGIME OF RESTRICTIONS: TO REVIEW OR NOT TO REVIEW 划界司法审查的必要性与限制制度的变迁:审查还是不审查
4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2025-08-25 DOI: 10.52152/801468
Dr. Peter Ladis Francis, Dr. Parvateeswara Rao Puripanda, Dr. Ranjana Ferrao, Pratyanik Chakraborty
{"title":"NECESSITY OF JUDICIAL REVIEW IN DELIMITATION AND THE SHIFTING REGIME OF RESTRICTIONS: TO REVIEW OR NOT TO REVIEW","authors":"Dr. Peter Ladis Francis, Dr. Parvateeswara Rao Puripanda, Dr. Ranjana Ferrao, Pratyanik Chakraborty","doi":"10.52152/801468","DOIUrl":"https://doi.org/10.52152/801468","url":null,"abstract":"Delimitation, the process of redrawing electoral boundaries, forms the cornerstone of representative democracy. In India, this exercise is constitutionally mandated to uphold the principle of “one person, one value, one vote.” Yet, the question of judicial review over delimitation orders remains deeply contested. Article 329(a) of the Constitution, read with Section 10 of the Delimitation Act, 2002, imposes an almost absolute bar on judicial scrutiny. This was firmly upheld in Meghraj Kothari v. Delimitation Commission, where the Supreme Court reasoned that judicial intervention could indefinitely stall elections. However, recent rulings mark a shift from this rigid “hands-off” approach. In cases such as Dravida Munnetra Kazhagam v. Secretary Governors Secretariat, State of Goa v. Fouziya Imtiaz Shaikh, and Kishorchandra Chhanganlal Rathod v. Union of India, the Court cautiously reopened avenues for judicial oversight, especially in instances of mala fide actions, arbitrariness, or illegality. This article critically examines this evolving jurisprudence in three stages. First, it identifies challenges likely to emerge in the forthcoming nationwide delimitation post-2026, including unequal seat distribution across states with varying population growth rates and the looming risk of gerrymandering. These concerns strike at the legitimacy of electoral equality. Second, the article draws on comparative perspectives from jurisdictions such as the United Kingdom and the United States. While both have historically refrained from interfering in boundary revisions, courts have intervened to prevent racial gerrymandering, abuse of power, or errors of law. Such experiences demonstrate that limited judicial review is essential to safeguard democratic fairness. Third, the article evaluates how the Indian judiciary has begun to soften the rigidity of Meghraj Kothari, with Kishorchandra Rathod offering the strongest justification for limited review where citizens lack alternative remedies. The central argument advanced is that absolute judicial restraint risks legitimizing electoral manipulation and undermining democracy. Courts, as guardians of constitutional values, must retain narrow powers of review to address demonstrable illegality or mala fides. Accordingly, two recommendations are proposed: first, that a larger Constitution Bench clarify and consolidate the emerging jurisprudence, and second, that legislative amendments to Articles 81 and 82 of the Constitution, alongside reforms to the Delimitation Act, 2002, be undertaken to correct structural imbalances in representation. In conclusion, the upcoming delimitation exercise post-2026 presents both opportunity and challenge. The debate should not hinge on whether to review or not to review, but rather on delineating the circumstances in which judicial intervention is both justified and necessary. Limited, principled judicial review remains indispensable to safeguarding electoral justice in India.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"23 S4","pages":"4315-4324"},"PeriodicalIF":0.0,"publicationDate":"2025-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://lex-localis.org/index.php/LexLocalis/article/download/801468/1972","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147906989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Importance of the Application of Controlling in the Management of Public Enterprises whose Founders are Local Self-government Units: The Example of Republic of Serbia 控制在地方自治单位公共企业管理中应用的重要性——以塞尔维亚共和国为例
IF 0.4 4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2023-07-05 DOI: 10.4335/21.3.545-565(2023)
J. Vitomir, Sonja Tomaš-Miskin, S. Popović
{"title":"The Importance of the Application of Controlling in the Management of Public Enterprises whose Founders are Local Self-government Units: The Example of Republic of Serbia","authors":"J. Vitomir, Sonja Tomaš-Miskin, S. Popović","doi":"10.4335/21.3.545-565(2023)","DOIUrl":"https://doi.org/10.4335/21.3.545-565(2023)","url":null,"abstract":"The importance of the application of controlling in public enterprises is highlighted in the study. The aim of the research was aimed at establishing evidence that improvement of management can be achieved through the application of controlling 141 public companies were analyzed in terms of the use of controlling and internal control, that is, about 20% of the mentioned companies whose founders are local self-government units. We found that there are significant differences in terms of established control and it is increasingly in favor of the application of controlling in relation to internal control based on the analyzed five factors: planning, decision-making, business analysis, presentation and reporting. The main conclusion would be that the operations of public companies in the coming period will require an increasing application of controlling in the management system. This was determined by applying the so-called T-test, and the total score, and it refers to all analyzed factors (p=.000) in relation to established controlling and internal control in public companies.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"28 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73535279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Local Government Capability in Managing Village Owned Enterprises (BUMDes) in Indonesia: A Case Study of Bintan Regency 印尼地方政府管理乡镇企业的能力:以民丹县为例
IF 0.4 4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2023-07-05 DOI: 10.4335/21.3.707-727(2023)
A. ., M. Rahmatunnisa, U. Suwaryo, Neneng Yani Yuningsih
{"title":"Local Government Capability in Managing Village Owned Enterprises (BUMDes) in Indonesia: A Case Study of Bintan Regency","authors":"A. ., M. Rahmatunnisa, U. Suwaryo, Neneng Yani Yuningsih","doi":"10.4335/21.3.707-727(2023)","DOIUrl":"https://doi.org/10.4335/21.3.707-727(2023)","url":null,"abstract":"One of the Indonesian government's efforts to improve the economy of rural communities is the establishment of Village Owned Enterprises (BUMDes). BUMDes that are successful in their management cannot be separated from the role of local governments as those who have the authority to foster, supervise and develop BUMDes. Therefore, this study aims to determine the capability of the local government of Bintan Regency to the management of BUMDes. This study uses a qualitative method with a case study approach. Data were obtained through in-depth interviews using purposive sampling techniques to key people in the local government of Bintan district and managers of advanced and developing BUMDes in Bintan district. This study found that the government's capabilities include entrepreneurial capabilities, motivational capabilities, investment capabilities, and adaptive capabilities. The researcher also found that the importance of legislative capability by the local government as a guarantor that all investments that have been given by the government are able to survive and develop. The challenge for the government in its implementation is that there are still BUMDes that have not been able to accept the policies made by local governments. This is due to the low resources of BUMDes managers, the lack of village community support for BUMDes and the disharmony of relations between the village government and BUMDes managers.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"169 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86640484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Position of the Local Development Fee in the System of Local Taxes and Fees in the Slovak Republic 地方发展费在斯洛伐克共和国地方税费体系中的地位
IF 0.4 4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2023-07-05 DOI: 10.4335/21.3.525-544(2023)
Anna Vartašová, Karolína Červená
{"title":"Position of the Local Development Fee in the System of Local Taxes and Fees in the Slovak Republic","authors":"Anna Vartašová, Karolína Červená","doi":"10.4335/21.3.525-544(2023)","DOIUrl":"https://doi.org/10.4335/21.3.525-544(2023)","url":null,"abstract":"In the article, the authors focused on the application of the most recently introduced optional local fee in the Slovak Republic, namely the local development fee. Since 2017, the income from the fee has been a source of funding for the municipalities that have introduced it in their territory by a generally binding ordinance. The article aims to identify the position and budgetary significance of this fee and to evaluate its development in the period since its introduction, at the national level in Slovakia in comparison with the trend in the capital of Slovakia - Bratislava. The authors conclude that the fee is being imposed by a permanently rising number of municipalities and increasing incomes from the fee are observed. The importance of the fee as a source of funding was identified at a case-to-case level, even though its significance at the overall level of Slovakia is yet low.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"22 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80646331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Key Debt Drivers of Local Governments: Empirical Evidence on Municipalities in Poland 地方政府的主要债务驱动因素:波兰市政当局的经验证据
IF 0.4 4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2023-07-05 DOI: 10.4335/21.3.591-618(2023)
P. Galiński
{"title":"Key Debt Drivers of Local Governments: Empirical Evidence on Municipalities in Poland","authors":"P. Galiński","doi":"10.4335/21.3.591-618(2023)","DOIUrl":"https://doi.org/10.4335/21.3.591-618(2023)","url":null,"abstract":"In the literature, the debt burden in local governments is considered as a main predictor of the fiscal distress. The growing indebtedness of the municipalities may also negatively affect the business sector. Therefore, this paper examines the significance of key financial and non-financial debt drivers of local governments based on the example of the municipalities functioning in Poland in 2010-2021. The article studies the whole population of the above public units and the influence of the financial, economic, demographic, institutional and spatial factors on their indebtedness. Due to the data, methodology and the robustness check, the fixed effects panel models, Arellano and Bond’s two-step generalized method of moments and the Moran I and LISA statistics were applied. Therefore, the final regressions include significant explanatory variables and might contribute to more efficient debt management and its control. The paper also reveals spatial associations in the field of the indebtedness of local governments.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"39 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83853654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Development of Innovation Knowledge Management System in Tangerang Regency 橘子县政府创新知识管理系统的开发
IF 0.4 4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2023-07-05 DOI: 10.4335/21.3.637-664(2023)
Witra Apdhi Yohanitas, Arif Ramadhan, Muhammad Akbar Pribadi, Novi Savarianti Fahrani, Robby Firman Syah, Selfy Andreani, Sudardi ,, A. A. Nugroho, I. F. Azmi, Annisa Nurjannah, Rahmat Nuryono, Hadi Supratikta, Tomo Hadi Saputro, Hotnier Sipahutar, Suripto ., Marsono .
{"title":"The Development of Innovation Knowledge Management System in Tangerang Regency","authors":"Witra Apdhi Yohanitas, Arif Ramadhan, Muhammad Akbar Pribadi, Novi Savarianti Fahrani, Robby Firman Syah, Selfy Andreani, Sudardi ,, A. A. Nugroho, I. F. Azmi, Annisa Nurjannah, Rahmat Nuryono, Hadi Supratikta, Tomo Hadi Saputro, Hotnier Sipahutar, Suripto ., Marsono .","doi":"10.4335/21.3.637-664(2023)","DOIUrl":"https://doi.org/10.4335/21.3.637-664(2023)","url":null,"abstract":"The problem of regional innovation is the absence of data inventory, processes, lesson learning, well-integrated regional innovation management, and supporting infrastructure for activities, namely the Knowledge Management System container. Knowledge Management System is a tool, technique, and strategy used to maintain, analyze, organize, develop, and share business expertise. The purpose of this study is the availability of lesson learned knowledge management system governance in government agencies as a comparison, an integrated KMS model can support the sustainability of regional innovation in Tangerang Regency, and an integrated and sustainable KMS prototype of regional innovation. Research methods are carried out qualitatively with literature studies, comparative studies of research objects, and applied model tests in Tangerang Regency. Data collection techniques use literature review, observation, expert judgment, and in-depth interviews to test the KMS model for Regional Innovation. The expected result is the availability of an innovation knowledge management system model for local governments which can then be developed into a knowledge management system for regional innovation.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"40 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73663541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
(Correct) Calculation of Payment During Annual Leave and Allowance in Lieu of Leave not Taken in the Public and Private Sectors and the Impact of the Case-law of the Court of Justice on the Decision-making of the Slovenian Courts (正确)计算公共和私营部门年假和未休年假津贴期间的报酬以及法院判例法对斯洛文尼亚法院决策的影响
IF 0.4 4区 管理学
Lex Localis-Journal of Local Self-Government Pub Date : 2023-07-05 DOI: 10.4335/21.3.495-524(2023)
Nana Weber
{"title":"(Correct) Calculation of Payment During Annual Leave and Allowance in Lieu of Leave not Taken in the Public and Private Sectors and the Impact of the Case-law of the Court of Justice on the Decision-making of the Slovenian Courts","authors":"Nana Weber","doi":"10.4335/21.3.495-524(2023)","DOIUrl":"https://doi.org/10.4335/21.3.495-524(2023)","url":null,"abstract":"The example of the case-law evolution of the Court of Justice (CJEU), concerning the correct interpretation of the requirement of “normal remuneration” to be received on basis of Article 7(1) of Directive 2003/88/EC during the period of annual leave and the corresponding allowance in lieu, the challenges of Slovenian courts, confronted with a rather static domestic and EU labour legislation, will be presented. Annual leave is a fundamental right of every worker in the EU, be it in private or public sectors, so its regulation on both legislative levels should be enacted with great precaution. It will be further presented that due to the implicit supranational and autonomous nature of the EU law it is nigh to impossible for the national legislators to regulate all aspects of this fundamental right as both levels of legislation “do not speak the same (normative) language”, especially with the CJEU as a constant interpretative “interloper”. In absence of uniform EU labour law interpretative alignment can only be asserted by the continuous efforts of the national judiciary.","PeriodicalId":51875,"journal":{"name":"Lex Localis-Journal of Local Self-Government","volume":"141 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73442311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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