The article analyses the significance of the ECJ preliminary ruling on competition law. Starting with the general characteristic of the preliminary ruling of the Court of Justice, its legal regulation in TFEU and its effects, it focuses on the concrete judgement of the Court (Tenth Chamber) of 7 February 2013 in Case C-68/12 at the request of the Supreme Court of the Slovak Republic. It explains the preliminary questions and the background of the competition case that was the incentive for them. It describes the quite complicated cartel agreement of the three banks concerned and the impact of the ECJ preliminary ruling on the judgements/decisions of the case.
Good public governance requires participative networking to tackle the worst societal problems. Redefined administrative procedure as an instrument that should ensure efficient public policies is one of the key approaches in this respect. The objective of this article is to show, based on qualitative research methods, that in modern public administration, procedure is attributed a much different role than under the traditional Rechtsstaat doctrine. It has been evolving towards becoming a dialogue tool for the state and the citizens, increasingly recognised in Neo-Weberian and good governance models, also in Central and Eastern Europe (CEE). Administrative procedure’s modernised codification in CEE countries, grounded in public administration theory, EU and case law, is in this article seen as of the utmost importance to apply in the region to develop its governance capacity. The article addresses said issues and provides a specific outline as to how to systematically and proportionally codify administrative procedural law in this sense on a national scale. The author proposes a concrete, holistic outline to redefine respective codification within contemporary public governance models. This outline incorporates minimum joint fundamental principles, e.g. the right to be heard. Following the principle of proportionality, in addition a more detailed codification is suggested by more formalised proceedings in the case of the collision of legally protected interests. The principles, such as participation, would apply for any administrative acts, resulting from legislative policy-making or single-case decision-making, and judicial reviews thereof alike. Such an approach should ensure a balanced recognition and effective protection of parties and public interest.
For the past four years autonomous spaces that vary in nature but are run by virtually the same group of people have been operating in Kaunas, Lithuania. In the Lithuanian context, they are one of the most prominent recent attempts at continuous radical leftist political infrastructure. In the Central and Eastern European context, they are peculiar for not being connected to public housing struggles. This article draws an outline of their modes of operation and paradigmatic shifts by examining their history as well as theoretical and sociological material and using extensive interviews conducted with participants. Awareness of the complicated relation between meaningful separation and broader participation is suggested as a reflexive means of becoming hubs of political involvement.
Tuvya T. Amsel
Hana Lipovská, Lucie Coufalová and Libor Žídek
Rational agents react to incentives in the market economy as well as in the centrally planned economy. Economic laws are persistent regardless of the economic system. The legislative system changes the outcome of the game between economic agents and managers. The aim of this paper is to show how rational agents reacted to legislative incentives in the Soviet-type economy in Czechoslovakia in the 1970s and 1980s, that is, how they reacted to the general shortage in the centrally planned economy. Based on the original survey among former managers as well as on the legislative sources from the 1970s and 1980s, a taxonomy was made of economic reactions to the shortage economy. This survey was possibly the last chance to map the experiences of socialist managers who tried to run companies in the centrally planned economy. We distinguish plan manipulation in order to ensure payment bonuses; bribery in order to obtain short-supplied inputs and the creation of reserves for the purpose of fulfilling the plan. It was shown that, if the rational agent wanted to obey the higher law, he was forced to ignore lower legislation.
Elena Fifeková, Eduard Nežinský and Edita Nemcová
National (global) competitiveness became the central issue during the global crisis. Using the values of the three main subdimensions of the Global Competitiveness Index, we propose alternative DEA-based competitiveness indicators. In our approach, the index is nested in the more general measure of the competitiveness-given-performance indicator. We find that globally competitive European countries do not transform competitiveness into income per capita efficiently. Decomposition of the scores suggests that most of the relative inefficiency concentrates in innovation activity. The results proved robust against the CCR model used in previous research as well as principal component analysis.
Since 2004, when the European neighbourhood policy was established, the European Union has already spent billions of euros to finance the new neighbourhood policies for creating more stable and more cooperative relations with eastern and southern neighbours. However, increased security concerns and challenges, less stable and less prognostic relations seem to have produced the opposite result of what was sought, and so Europe is experiencing a “neighbourhood of crisis”. Did it fail? What strategy has the EU been using within the last 15 years in relations with its neighbouring countries? What specific tools and instruments have been adapted? Did the renewal of European neighbourhood policy introduce any completely new strategic elements? This article examines these questions, focusing on three perspectives suggested by role theory: intentional, interactional and institutional. The study applies qualitative research methodology and claims that the EU has been seeking to transmit not just EU values and standards but also internal institutional practices and modes of EU governance.
In the European Union, Copyright law is not uniform. There are a number of EU Directives concerning copyright law, which form an exhaustive list of limitations and exceptions, most of which are optional. The optional nature of limitations and exceptions is a significant obstacle to effective harmonisation in the Member States, which creates legal uncertainty for rightsholders and users. The aim of this article is to examine limitations and exceptions under the current EU copyright law, to analyse what efforts the European Commission, the Council and the Parliament have undertaken in order to reform EU copyright and to present other possible options for reform regarding exceptions and limitations in the EU.