Magdalena Flatscher-Thöni, Andrea M. Leiter and Hannes Winner
This paper assesses the widely held belief that damages for pain and suffering are random or arbitrary. In detail, we investigate whether damages for pain and suffering are systematically affected by individual-, injury- and procedural-specific characteristics and how important these factors are relative to each other. To uncover the predictability of these awards, we rely on a sample of German damages for pain and suffering awards including 2.244 verdicts. By estimating a standard regression model we observe that final awards are systematically influenced by the injury’s conditions, by the court level the case is brought in and by the engagement of a lawyer. Our findings let us conclude that damages for pain and suffering and the respective assessment process within the German judicial system are largely reasonable and transparent rather than random.
This paper aims to establish a degree of existence of Hayek’s idea of governmental assembly in the Centre of Government (CoG), which is not only the technical, administrative support for the Prime Minister but has also a regulatory-coordinative, policy role. This paper’s focus is on CoG that is along with the classical tasks of the Prime Minister’s cabinet dedicated to systemic performance. Having this in mind a request was sent by the National Council of the Republic of Slovenia to other parliaments of the EU member states and Switzerland through the ECPRD net to gain information on the effectiveness of national CoGs and/or Prime Minister’s cabinets vis-à-vis their systemic arrangement. Results show the presence of effectiveness, efficiency, economy, and ethics of legislation in countries, but they are not systemic in the eyes of system theory. Countries need to strengthen the inter-agency collaboration, systemic assessment of the effectiveness of general decisions in the real-time dimension, they need to check the relevancy of agency’s reasons for a draft bill, there could be some performance indicators and possibilities to measure citizen satisfaction.
Leopold Skoruša, Ondřej Horák, Radim Vičar and Tomáš Zbořil
The contribution will be devoted to the comparison of damages for non-proprietary loss in public and private sphere. The regulation of service relationship will be analysed in public area, in private area the legal regulation of health injuries in labour law. The aim of the contribution will be a critical analysis of the current state of legal regulation and the proposal de lege ferenda (approximation with labour law). The addressed question is of a fundamental importance for the area of public finances, the functioning of the public area and the enforcement of the rule of law. The historical-comparative method will be used. Particular attention will be paid to the transfer of damages for personal injury to the heir – while in service relationship, such claims terminate (not transferred to the heir), which was taken from the 1960s legislation. They do not terminate after the death in current private law, if recognized or at least claimed in court. Originally, the regulation of damages in public and private law was comparable; however, after the modernization of the private law (2012/14), the protection of persons in service and their relatives becomes weaker, even though it has traditionally been contrary to it in most institutes. Different legal regulations in labour and service law are baseless in the case of damages. The authors propose to modernize the relevant laws, to bring them closer to the Labour Code, both in the possibility of a reasonable increase in damages and in the transfer of damages for pain and diminished social function to the heir.
The purpose of this article is to study the possibility of using intelligence in criminal proceedings in the Slovak Republic. The author examines the current legislation related to the examined issue in the context of criminal procedural law. The aim of the study is to analyze and justify the possibility of using intelligence in criminal proceedings, especially in the taking of evidence. In the context of the current security challenges, this is a serious issue which is currently relatively little developed in theory. The author concluded that the use of intelligence information is possible and applied in criminal proceedings in the Slovak Republic. This is justified by the specific provisions of the legislation in force and by the case-law of the European Court of Human Rights. In this context, it can be expected that the importance of intelligence in criminal proceedings will increase.
Public procurement is one of the key points of contact between public administration and the economy, while the amount of public resources is a possible source of conflict of interest and corruption. The article aims to contribute to improvements in public procurement legislation and practice. The article examines the practice of supervisory bodies and assesses the frequency of violations of the principle of transparency. The main findings of the article are that over the years of application of the Public Procurement Act in versions ZJN-2 and ZJN-3, the number of violations of the basic principle of transparency increased – the most frequent violations concerning discriminatory criteria set by the contracting authorities and their implementation in the selection phase – and that local municipal bodies violated the principle of transparency more often than state bodies.
The reduction in the number of households living at risk of poverty is a common objective of EU countries but the social policy of each member state is different. This paper provides an overview of components of social transfers and their share in total household incomes in EU countries. The aim of the paper is to assess the effectiveness of the social systems of each on the basis of the number of households at risk of poverty determined before and after the payment of social benefits. Four segments of EU countries were identified in cluster analysis according to their approach to social transfer settings using primary data from EU-SILC survey. The combination of high share of social benefits and low share of old age pensions proves to be better in the fight against poverty. The relationship between an economic performance and a functioning social policy system appears in EU countries.
The article presents a conceptual framework and empirical methodology of an on-going research on the role of ideology in the decisions of the Slovenian Constitution Court. The literature review demonstrates that research on judicial ideology in the courts of European countries and international courts is still rare. This can be explained by conceptual, methodological and empirical challenges posed by this type of research. The article hence advances a conceptual framework which is, contra to the mainstream theoretical approach in the field, based on a multidimensional conception of ideology that is empirically operationalised along the economic, social and authoritarian dimensions with five possible ideological positions on each dimension. By applying the newly developed methodology to a sample of Court’s decisions, it is demonstrated that this methodological approach is able to account for ideological differences between judges. This confirms that (judges’) ideology is a complex multidimensional set of values and convictions that cannot be reduced to simply equating ideology with (possible) political affiliations.
The purpose of this article is to study the connection between corporate respect for human rights and corporate social responsibility. The author argues that business entities have a responsibility to respect human rights and that this responsibility forms part of their corporate social responsibility. The author defends the view that business and human rights issues are distinct from corporate social responsibility issues in their legal nature and content, while the strategic approach in the implementation of these concepts is the same. The author further examines whether voluntary corporate social responsibility initiatives include human rights, and how society understands the connection between the two. The conclusions of the article shed light on the interconnection between these two terms.
Digitization has changed economic activity in many ways. While digitization has contributed to a very dynamic development of markets and competition, concerns are also being expressed about powerful positions of some companies. The digital transformation poses new challenges for companies, consumers, politics and society. Competition policy is also required to address these developments and to adapt existing competition law, if necessary. The following analysis of digital markets showed that it is not possible, in general, to make concrete competition policy statements or even to give detailed recommendations for the antitrust analysis. The aspects are to be considered separately and in detail when examining search engines, social networks, trading platforms and other business models. On the other hand, data (and data analysis) should stand in the centre of competition law analysis due to their importance for the economic success of digital market companies.
Is the Czech Republic a welfare state? This question is to be answered through this article, whose purpose is to classify Czechia into one of the types of the welfare state. The introduction of the article describes the creation of the welfare state and the main factors influencing its origin. The article also describes the characteristic features of the welfare state and presents its typology. The section entitled “The Czech Republic and the welfare state” expounds on the constituent stages of development of the Czech social policy until the present day. The article concludes with the comparison of some aggregate indicators and characteristics of social policies found in Sweden, Germany and the United Kingdom with similar indicators from the Czech Republic; this basis forms the assignment of the Czech Republic to one of the types of the welfare state.