Browse

You are looking at 1 - 10 of 313 items for :

  • History, Philosophy and Sociology of Law x
Clear All
Open access

Thomas Halper

Abstract

The first amendment does not protect all speech. Should it protect lies? Some argue that the state should intervene to prevent and punish lying because the people are insufficiently rational (they are too emotional, and, therefore vulnerable) or excessively rational (they find it too costly to investigate claims and are, therefore, vulnerable). Others retort that state officials are not neutral or objective, but have their own interests to advance and protect, and, therefore, cannot be trusted. Though certain kinds of lying, like fraud and perjury, are clearly not protected speech, courts have recently seemed sympathetic to the view that the proper response to lying is not government action, but the workings of the marketplace of ideas. The distinguished economist, Ronald Coase, has taken this argument much farther, applying it to commercial speech, but thus far his views have not prevailed.

Open access

Ruud De Mooij, Shafik Hebous and Milena Hrdinkova

Abstract

Until 2018, Belgium had a unique corporate income tax system due to its notional interest deduction, also known in public finance literature as the allowance for corporate equity. At the same time, it had one of the highest corporate tax rates in Europe at 34 percent. The latter came under severe pressure to reform and, as of 2018, the government has started to reduce the rate, gradually to reach 25 percent in 2020. The reduction is accompanied by other measures, including a limitation of the notional interest deduction. This paper argues that the lower CIT rate is likely to be conducive to economic growth. Yet, the effects on growth would have been more favorable if the notional interest deduction would have been strengthened, rather than diminished.

Open access

Riku-Heikki Virtanen

Abstract

The Convention on the Rights of Persons with Disabilities (UN CRPD) stipulates an obligation for states to consult persons with disabilities in the development and implementation of legislation and policies with respect of implementing this Convention. Consultations with persons with disabilities have not as yet become a widespread practice in national legal orders. When it comes to EU member states, for example, not all of them incorporate the said obligation in national legislation. In its Concluding Observations the CRPD Committee suggests that the obligation to consult is a cross-cutting duty covering all rights guaranteed in the UN CRPD. Eventually, the draft General Comment No. 7 to the UN CRPD has arrived at a wider interpretation of the scope of an obligation to consult. Although a much wider scope of opportunity to be consulted is provided for the indigenous peoples by the ILO Convention No. 169, it has become a matter of consideration in several cases before regional human rights organs while the convention has not got a significant number of ratifications. Provided that the UN CRPD is much more broadly ratified by the states, will the adoption of this General Comment exert influence on empowering persons with disabilities? In order to find an answer to this question, this article explores the genesis of a general legal obligation to consult persons with disabilities on a permanent basis which would be wider in scope than matters of implementing the UN CRPD in international human rights law.

Open access

Anatoliy Kulish, Nadiia Andriichenko and Oleg Reznik

Abstract

Political corruption as a negative phenomenon hampers the democratic and economic development of any state. The experience of foreign countries across the world testifies to the existence of number of reasons conducive to the spread of political corruption. Its study is important both for Ukraine, which is actively taking measures to combat political corruption, and for other countries with a high level of political corruption.

The article begins with a study of various approaches to understanding the concept of “political corruption”, the reasons for its emergence and determination of the level of citizens’ trust in political institutions in Ukraine and foreign countries. The main obstacles to minimizing the phenomenon of political corruption in Ukraine are the existence of an effective mechanism for financial support of political parties and control over their financial activity. Based on the analysis of scientific literature, international acts, and legislative acts of Ukraine and Lithuania, the authors disclose the experience of Ukraine and Lithuania in the sphere of state financing of political parties and control over their financial activity. The methods of descriptive comparative analysis and observation of the latest scientific research on this issue guide the work.

Proceeding from the existing problem of minimizing the phenomenon of corruption in the funding of political parties in Ukraine and taking into account the development of Ukraine’s legal system, the article presents a number of proposals on improving the legislation of Ukraine on financial support of political parties. The authors also provide a proposal on the need to improve the legislation in Lithuania in the area of indirect state funding of political parties. This article aims to disclose the notion of “political corruption”, to study experience of Ukraine and Lithuania in the sphere of minimizations of corruption in the funding of political parties and control over the use of such financial support, to determine the areas for improving the legislation of Ukraine and Lithuania in this issue, and to show the optimal mechanism of overcoming corruption in political parties, since Ukraine is not the only state where this phenomenon reaches its peak.

Open access

Jenna Uusitalo

Abstract

The European Court of Human Rights (ECtHR) is generally described as the most effective human rights protection mechanism. While the jurisdiction of the Court is limited to civil and political rights, the protection of socio-economic rights at the Council of Europe is sought primarily through the Collective Complaint Procedure (CCP). Such a distinction reflects the traditional perception of human rights, according to which the protection of socio-economic rights has been regarded as inferior to first-category human rights. However, analysis of the ECtHR and CCP from the viewpoint of emergency medical service illustrates that, contrary to the prevailing understanding, both mechanisms do provide equally effective protection for claims concerning the right to emergency health care.

Open access

Renata Juzikienė

Abstract

Enterprise mortgage is a new form of commercial charge applicable in the law of Lithuania since 1 July 2012. An enterprise mortgage as set out in the national law is distinct by its object, i.e. that an enterprise mortgage allows charging an enterprise as a whole, as an immovable property item; by the debtor’s (grantor’s) right to use the mortgaged assets in the ordinary course of business by transferring them to third persons free from encumbrance; also by the opportunity for the enterprise mortgagee to enfroce his rights by special method of enforcement: the enterprise purchase and sale. As a result of its wide scope, embracing both the existing and future assets of the debtor, as well as due to the absolute priority granted to the mortgagee to get all proceeds from the sale of the charged property, enterprise mortgage affects not only the debtor but also other creditors of the debtor (grantor). The method of minimum regulation for enterprise mortgage chosen in the law leaves a number of open questions for practical and doctrinal development. The article presents an analysis of the content of object of enterprise mortgage, explores the impact of enterprise mortgage on the satisfaction of claims of other creditors of the debtor (grantor) both in enforcement and insolvency proceedings, the rationale behind absolute priority of the enterprise mortgagee, effectiveness of the enterprise purchase, and sale as a method of enforcement of enterprise mortgagee’s rights. The article also analyses the relevance and adequacy of the existing legal regulation.

Open access

Andrew C. Jones

Abstract

Media literacy campaigns champion systematic thinking and high elaboration in the fight against fake news. However, they often overlook an ancient tool for discrediting demagogues and destroying disinformation: satire. This essay explores how satirist Stephen Colbert used irony in his 2010 congressional testimony, arguing that Colbert’s shift from Socratic to Sophistic irony encouraged listeners to think for themselves through a more central information-processing route. The essay concludes that irony increases recognition of fake news, but warns that an overreliance on Sophistic irony undermines an appreciation of truth, and requires the reintroduction of Socratic irony as a counter balance.

Open access

Ieva Deviatnikovaitė

Abstract

The article first analyses the relationship between the Montreal Convention and Regulation 261/2004. Although the Regulation and the Convention both relate to the protection of air passenger’s rights it remains ambiguous when and in which disputes these acts should be applicable. Thus, this article reveals the problematical issue of how these acts differ and in which situations they are applicable. Second, it reviews the development of the EUCJ case law regarding the application of these acts. Third, it examines the relevant case law of the Supreme Court of the Republic of Lithuania in this area.

Open access

Viljar Veebel and Raul Markus

Abstract

During last two decades the European Union as “normative power Europe” has been associated with the export of certain universal norms, rules and practices to the other countries. Rule of law, democracy, strong commitment to human rights and fundamental freedoms, and social justice — these principles form the core of the identity of the European Union. Relying on shared political, economic and cultural ties among member states, the EU has sought to promote these norms also in the neighbouring countries, including Russia. However, the outbreak of the violent conflict between Russia and Ukraine at the end of 2013 clearly demonstrates that the EU has failed in its efforts in Russia despite extensive mutual relations and comprehensive financial support provided by the EU. The aim of the current article is to analyse how consistent the EU has been in defending and promoting European values and norms in the international arena and with Russia during the Ukrainian-Russian conflict.

Open access

Karin Hilmer Pedersen and Lars Johannsen

Abstract

Many studies have documented the negative effect of corruption on development, economic growth, and democracy. Independent anti-corruption agencies are often recommended as the tool to curb corruption. However, their efficiency depends on the political will to allocate authority, powers, and resources. Moreover, setting up new institutions is always costly and accordingly problematic to low and middle income countries. The present study suggests that public administration processes in their own right are a tool to combat corruption. The article uses a survey with responses from 1706 public employees in Estonia, Latvia, and Lithuania. Using OLS regression, the study confirms others findings that strengthening meritocracy is an important factor in curbing corruption. It adds to this that enhancing monitoring is a factor just as effective against corruption as meritocracy. It adds attention to the reverse effect associated with hierarchical organizations, norms accepting rule bending, and network decisions. Finally, addressing salaries’ and performance payment’s impact on corruption the study finds no relation.