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Are Pain and Suffering Awards (Un-)Predictable? Evidence from Germany

Abstract

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.

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The Centre of Government as the Coordination Point for the Implementation of General Legal Rules

Abstract

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.

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Damages for Personal Injuries – in Labour and Service Law

Abstract

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.

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Intelligence Information within Criminal Proceedings

Abstract

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.

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Transparency in Public Procurement – the Case of Slovenia

Abstract

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.

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Active Ageing Index, New Emphasis Within the Same Methodology. The Role of the Internet

Abstract

Our paper focuses on the role of the Internet in older people’s lives and suggests that the weighting given to Internet usage should be increased when calculating the Active Ageing Index (AAI). We analyse the results of two weighting systems, which differ from the original one created by an expert group. First, we use the coefficients calculated by Djurovic et al. (2017), then create our own system in which the Internet usage component is given a very high coefficient value, ceteris paribus. Evaluations are done for AAI 2010, 2012, 2014, 2016 and 2018. The rank order of countries differs in the alternative weighting systems, but these differences are slight, and decrease year by year, suggesting the robustness of the original weighting system. This also shows that older EU citizens are using the Internet more and more, and that Internet usage is becoming a category similar to basic literacy. Finally, we recommend that AAI include a more sophisticated indicator of Internet usage instead of just asking respondents if they have used the Internet at least once a week in the previous three months.

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Assessment of the Insolvency Risk in Companies Listed on the Bucharest Stock Exchange

Abstract

The present study presents, from the theoretical and pragmatic point of view, 6 of the established score models regarding the assessment of the insolvency risk, belonging to the Anglo-Saxon, Continental and Romanian schools. The research sample is made up of 26 companies belonging to the hotel industry and restaurants, listed on the Bucharest Stock Exchange. The research was carried out over a period of 11 years (2007-2017). Following the application of the score models, it was found that during the period covered by the research, a number of 14 companies had a relatively high insolvency risk and 12 of them had a relatively low insolvency risk.

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Effects of Energy Use on Socioeconomic Predictors in Africa: Synthesizing Evidence

Abstract

The paper examined the effects of energy use on socioeconomic predictors in Africa. The Gary Becker hypothesis and the Michael Grossman demand for healthcare model were used to interact with energy related predictors on socioeconomic essentials. Our experimented model foretold the urgent need for government intervention programmes to resolve the energy misery in the African region.

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The Impact of Gender on Food Waste at the Consumer Level

Abstract

Food waste is one of the main contributors to economic disparities, social inequalities and environmental pollution. Numerous studies have sought to understand the drivers of food waste at various stages in the food supply chain, including the consumption stage. Based on a quantitative analysis of 252 Romanian consumers, the present study shows that gender is an important factor that affects the individuals’ attitudes and behaviours in regard to food and a potential factor that could affect the amount of food wasted. The study found that attitudes towards food waste evolve as individuals age, and that, at each stage, women tend to be more concerned about the negative impact of food waste on social equity or the family budget than men. In addition, women were found to display behaviours in regard to food acquisition and preparation that can result in higher food waste in a larger degree than men, even though the study found no differences in the actual amount of food wasted by the two genders. The results of the study are important because they show the need to adapt the public awareness campaigns on food waste on the particularities of each gender across several age groups.

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Designing an Accountability Index: A Case Study of South America Central Governments

Abstract

The aim of this paper is to evaluate accountability using a newly constructed multivariate accountability index based on the Global Reporting Initiative (GRI), as well as on the accessibility of government disclosure for each country in the South America context. That will allow to analyse and compare the accountability disclosure issues among the South American countries. This study uses the statistical dimensional structure of data to identify the number of (dominant) dimensions. The findings were eight dimensions defined as Environmental, Expenditure, Social, Strategic, Economic, Information, Macroeconomic and Organizational perspectives. Scores are recorded for the twelve countries in South America that are classified accordingly. The contributions of this research represent an advance in the theoretical and empirical framework by creating an accountability index that takes into account the principles of good governance to improve the South America Central Governments’ transparency performance. This index could be used both by academics and practitioners to classify countries and their web site accountability.

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