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The Looming Central and Eastern European Real Convergence Club. Do Implicit Tax Rates Play a Part?

Bulgaria. For the purpose of the paper, a panel data model was chosen because it allows a better control for individual heterogeneity, concentrates more informative data, more variability, less collinearity among the variables and more efficiency. The paper is an empirical contribution to the existing literature by extending previous analyses to a larger group of countries and includes taxation as a possibly relevant tool in the convergence process. The paper proceeds as follows: Section II Literature review , Section III Tracking selected real convergence

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Functioning of the Quasi-Labor Market under Socialism: Clash between Ideology and Reality

be) reflected in their corresponding price increases, but in the declining efficiency. Companies were not motivated to focus on the technical development, because the costs of labor were very low, which shifted the boundary of effective labor and technology substitution. The labor shortage was thought to be overcome by growth in investment activity of an extensive nature. However, this resulted in even faster job creation and further boosted the growth of excess of demand for labor over its supply ( ibid ). According to Šulc (2004) , there was an information

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The Right of Small and Medium-Sized Enterprises to Positive Discrimination in Free Market Competition

) Goals of Competition Neumann and Weigand (2004) assert that competition policy is an important part of economic and social policy, and thus it is a subject of opposing economic and social interests. They claim that from the view of economic interests the leading principle is the maximization of economic efficiency, whereas from the view of social interests completely different principles are at issue, such as, e.g., distributive justice. Neumann and Weigand (2004) . I am of the opinion that in states with well-working social-market regulation, the mentioned

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Multidimensional and Equivocal: The Theoretical and Philosophical Issues of Legal Sanctions

Summary

The social order, and especially the legal order, is implemented and maintained by institutions whose actions are based on the application of various forms of legal constraint. A sanction in the law may take various forms, as diversified in content may be the legislative justifications for them. The article deals with reflection on sanctions. It begins with a linguistic note: “sanction” as a semantic category and a term from juristic language. Then in the theory of law as an element of the structure of the norm. Authors also point out that sanctions exist in normative systems other than the law and they start reasoning by citing the view that the most important goal of establishing sanctions is to prompt adequate motivation of the subjects to comply with the norm (legal or other). In the essential part of the article the authors refer the division and typology of sanctions and theirs construction. In the final and most important part of the article the classical point of view - quoted at the beginning - is confronted with the order of international law, which is sometimes recognized as as lex imperfecta - as the international public law (law of nations) hasn’t developed a system of institutionalized sanctions ensuring observance of its norms. The authors suggest that it is a mistake committed the most frequently by lawyers not expert in international public law unjustifiably and incorrectly transfer the apparatus of notions with precisely assigned significance straight from the theory of domestic (in this case, Polish) law into the sphere of research on public international law. For the international law is shaped as a decentralized structure, within which the question of the execution of behaviours complying with its principles and rules belong to the duties of the subjects of that law-members of international society. The effectiveness, efficiency and purposefulness of the law is not completely nor exclusively conditioned by the existence and type of legal constraint and the international law has not been deprived of the attribute of law. The only real thing is only that a sanction has not always been automatically and immediately applied in case of infringement of a legal duty, since launching a sanction may require a specific legal action on behalf of another entitled subject of international law.

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Carrots and Sticks as Incentive Mechanisms for the Optimal Initiation of Insolvency Proceedings

Abstract

The pursuit of ex-ante efficiency in bankruptcy law has been widely discussed in recent law and economics literature. However, the exact incentive mechanisms inducing the optimal commencement of bankruptcy proceedings have generally been exempted from the current scholarly debate. Using the law and economics tools and comparative analysis, this paper seeks to identify insolvency-specific optimal incentive mechanisms, while using the general theory on carrots and sticks in legal regulations. The paper suggests the employment of mixed-sticks-and-carrots incentive mechanisms for managers’ prompt proposals of insolvency proceedings as an optimal regulatory response. Moreover, the article provides comparative evidence that exclusive use of sticks or carrots in French, German, US, English, and Slovenian legal systems results in sub-optimal initiation of insolvency proceedings and may also induce adverse effects on prompt initiation.

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Impeachment in the U. S. Constitution and Practice – Implications for the Czech Constitution

Summary

The goal of this article is to critically evaluate, what role the impeachment plays in the U. S. Constitutional system and how it contributes to ensuring accountability of elected officials in the USA. To this end, the author will provide a short overview of the development of the institution of impeachment, discuss the current regulation of impeachment in the U. S. Constitution and the application of impeachment in practice, assessing its efficiency and role in the constitutional system. Finally, the conclusions will be reflected upon from the viewpoint of the Czech Constitutional system and its model of constitutional accountability.

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Restorative Justice in the Conditions of the Slovak Republic

Summary

Nowadays, traditional criminal policy is facing its limits and is unable to cope with the rising criminality. Current criminal justice based on repressive approaches is unable to face serious obstacles and problems, namely in efficiency of punishment, poor protection of victims, and slow and overburdened criminal courts. New models of criminal judiciary based on principles of restorative justice have been unveiled while traditional systems of criminal justice are facing a serious crisis. The conception of restorative justice is one of the most modern and progressive of current approaches to criminal law that deserves to be implemented into the Slovakia criminal judiciary system. Author focused on punishments as home arrest, compulsory labour and financial penalty.

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Comparative Study on the Pre-trial Detention with Reference to the New Hungarian Code on Criminal Procedure

Summary

The decision of legislating the new Criminal Procedure Code made by the Hungarian Government in 2015 was necessary with special reference to the new forms of criminality and criminal investigation. The conception of the new Code on Criminal Procedure (hereinafter: new Code) was accepted by the Government on 11 February in 2015. The directives of the conception were the followings: efficiency, rapidity, simplicity, up-to-dateness, coherency and expediency. Not only the European but also the international requirements and the Hungarian legal traditions were followed by the legislation. Two years after the mentioned decision the new Code was adopted on 13 June 2017, and it will come into force on 1 July 2018. It shall be underlined that many procedural rules will be modified or changed in the new Code. The aim of this study to highlight some changes and amendments in the field of the coercive actions with special reference to the pre-trial detention. The characteristic of the paper will be the analytical and comparative method, and it deals with not only the Act on Criminal Procedure in force (Act XIX of 1998, hereinafter: Act in force), but also the new Code (Act CX of 2017) as well.

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Position of Judicial Officers in the Czech Republic in Comparison with other European Countries

Republic, 24. 1. 2001 [quoted on 29. 1. 2017]. Available at < http://www.psp.cz/eknih/1998ps/stenprot/032schuz/s032049.htm#r8 >. CEPEJ means The European Commission for the Efficiency of Justice. The CEPEJ is made up of representatives of the 47 member states of the Council of Europe. Its aim is the improvement of the efficiency and functioning of justice in the member States, and the development of the implementation of the instruments adopted by the Council of Europe – See What are the objectives of the CEPEJ? [online]. Council of Europe [quoted on 29. 1. 2017

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Land Administration and Land Consolidation as Part of Austrian Land Management

Abstract

Land administration and land consolidation are two pillars of the Austrian land management sharing a long tradition and duties defined by the constitution. Land administration supports measures of land consolidation with cadastre data, land registry data and other geo–technical data. New methods and instruments of geodata assessment provides a more detailed information about land and its changes. The geo–products are contributing to an improved process efficiency of land consolidation authorities. In addition, the role of land consolidation changed from an instrument to improve farming structures to a multifunctional tool of land management.

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