Abstract: In Slovenia, the Municipal Warden Services Act (ZORed, 2006, and ZORed-A, 2017) represents the framework organisational legal act regulating the field of work of municipal wardens. In addition to the above act, the field of work and tasks performed by municipal wardens are also regulated by other laws and by-laws. Legal regulations enable and allow authorised persons of municipal warden services to use repressive powers in ensuring security. The article thus presents the security powers of municipal wardens from the point of view of the applicable Slovenian legal order. The article is a scientific review based on grammatical and dogmatic interpretation of applicable legal regulations and selected decisions of the Constitutional Court of the Republic of Slovenia, and on an analytical method of the review of the Slovenian legislation in the field in question. The legal methods used by the author also include a synthetic method of comparing the legislation from the underlying Municipal Warden Services Act (ZORed, 2006) and its main amendments set out in the ZORed-A (2017). The paper is a comprehensive review of measures that municipal wardens may use to ensure safety at the local level. The author lists the relevant scientific and professional literature and argues about polemic issues with other prominent Slovenian authors. In Slovenia, laws are being amended, giving more and more powers to municipal wardens. The conceptual changes introduced by the ZORed-A (2017) have resolved some ambiguities, such as the addition/amendment of articles relating to the conditions for performing municipal warden tasks and supervision over their use, but a comprehensive and systematic amendment of municipal warden services legislation would nevertheless be useful. PubDate: Wed, 13 Apr 2022 00:00:00 GMT
Abstract: This article focuses on the perception of crisis management of case business university due to the shift from in-person learning to online or distance form based on COVID-19 and suggestions to improve university branding and competitiveness. Results are based on interviewing students enrolled at business courses during the coronavirus crisis. The aim is to identify successful crisis management practices of a university based on key factors drawn from students’ feedback to ensure smooth shift to online education while maintaining efficiency and reputation. Students reactions were analysed to construct factors leading to successfully manage university’s value though non-standard period. Students reflection on their experiences brings factors crucial to manage unexpected situation, i.e.: personalized communication, openness of school staff, fast reactions, alternative study possibilities, management of social impact, and alternative exams. PubDate: Wed, 13 Apr 2022 00:00:00 GMT
Abstract: The soft law is placed on a scale between freedom and control, autonomy, and hard law. At first sight, it falls short of building elements known in the legal principles of law, like transparency, certainty, and predictability, but on the other hand, it is needed to address areas where complexity reigns, where flexibility is needed, where hard law is too hard, invasive, and inappropriate to achieve more distant goals. As soft law can have not only practical but also legal effects, this paper analyses the basic elements of soft law, its practice in the US, France, and the EU and gives pro et contra arguments to be able to recognise it as such and to apply it on a more objective manner. This can be done with the help of the manifest error standard of the judiciary, its structure, and the help of participatory collective wisdom. A first step could be the use of the evidentiary standard of manifest error as a possible solution for the most effective soft law (a la “Turing style”), after which the structure and collective wisdom follow. When the principle of loyal cooperation among institutions is established, the soft law hardens more and more into clay and/or hard law. It thus matters who, when, how, and why to enact the soft law. PubDate: Wed, 13 Apr 2022 00:00:00 GMT
Abstract: The destruction of murals burdens artists around the world. Many times, the only option they can rely on is the prohibition of any distortion, mutilation or modification of work under art. 6bis of the Berne Convention, because multiple legal orders are silent on the prohibition of destruction. Thus, this comparative analysis will impartially evaluate legal protection of murals in the USA, France and Germany. The author will thoroughly scrutinize and compare biding laws and case law of selected jurisdictions. The aim of the analysis is to assess the level of protection afforded by the integrity right, which will lead to the conclusion on the necessity of the right to prevent destruction of artwork as a separate right included in Copyright acts. PubDate: Wed, 13 Apr 2022 00:00:00 GMT
Abstract: Artificial intelligence (AI) is foremost viewed as a technologically revolutionary tool, however, the author discusses here whether it is in fact a tool for socio-economic and legal conservatism, because its training data is always embedded in the past. The aim of this paper is to explain, exemplify and predict – whether and how – AI could cause discrimination, stagnation and uniformization by conserving what is relayed even by the most representative data. Furthermore, the author aims to propose possible legal barriers to these phenomena. The presented hypotheses are based upon empirical research and socioeconomic or legal mechanisms, aiming to predict possible results of AI applications under specific conditions. Results indicate that the inherent AI conservatism could indeed cause severe discrimination, stagnation and uniformization, especially if its applications were to remain unquestioned and unregulated. Hopefully, the proposed legal solutions could limit the scope and effectiveness of AI conservatism, encouraging AI-related solutions. PubDate: Wed, 13 Apr 2022 00:00:00 GMT
Abstract: Due to the Covid-19 epidemic, the Slovenian Government ended the project of rehabilitating Slovenian hospitals that showed negative financial operations by the end of 2016. The special Government Act provided one-time financial compensation and simultaneously tasked the hospitals with preparing rehabilitation programs. A case study applied the rehabilitation programs of 12 Slovenian hospitals and interviews with the directors of individual hospitals to collect data. In-depth analysis revealed several shortcomings that were identified and addressed with measures outlined in the rehabilitation programs. Most of them extend to the areas of activity, financial operations, and health services. The study results suggest that the transformation of the current operating mode of Slovenian hospitals in the direction of creating a sustainable business model would require the definition of sustainable objectives, reorganization and coordination of various institutional factors, and the support of such reform through normative and other systemic measures. PubDate: Tue, 18 Jan 2022 00:00:00 GMT
Abstract: Registers that collect data on beneficial owners, individuals who, either directly or indirectly, has the power to control companies or enjoy the benefits of ownership, are being implemented in many countries as part of the AML measures. Governments here want to know benefits from a company, to prevent money laundering or financing of terrorists. However, what is not common is the use of such a register to fight corruption. Slovakia has created a special model of the beneficial ownership registry, aimed at financial relations of the state with the private sector, so the information on who benefits from state funds is publicly available. In this context, we were interested in China and the regulation beneficial owners in this country, because, similar to Slovakia, the phenomenon of corruption is here a widespread problem, especially in the field of public procurement. Moreover, an anti-corruption campaign, aimed to clean the relations between the public and private sector, is still ongoing in China. The focus of this article is, therefore, a broad question about institutionalizing control of corruption: Could registration of beneficial owners be legally and technically transferred to the People’s Republic of China to help institutionalize the country’s anti-corruption campaign' PubDate: Tue, 18 Jan 2022 00:00:00 GMT
Abstract: The definition and understanding of the Industry 4.0 concept vary widely in the literature and among practitioners. The objective of our research was to analyse the perceptions of Industry 4.0 in the Visegrad companies and the explanations for the differences thereof; and second, to compare perceptions of Industry 4.0 between Visegrad firms and experts. Our article relies on a combined methodology: analysis of literature and of information gained from questionnaire-based semi-structured interviews, conducted with randomly selected company representatives, academic and industry experts, and representatives of government agencies. Our results show that most Visegrad firms identify Industry 4.0 only with a limited set of selected new technologies, while experts usually have a more complex understanding of it, identifying it with a new business model. It would be important to have a clearly defined concept in order to elaborate related nationwide strategies and related economic and other policy tools. PubDate: Tue, 18 Jan 2022 00:00:00 GMT
Abstract: The paper is devoted to the issue of tax literacy, where the aim is to identify factors that affect the level of tax literacy of students of economics at the bachelor’s degree level in the Czech Republic. Through a questionnaire survey, students’ knowledge was tested and research hypotheses were verified using statistical and econometric methods. The survey showed that the level of tax literacy of the defined sample of respondents was satisfactory. Moreover, it was found that this knowledge is mainly influenced by the factor of taking courses with a focus on tax issues and the respondent’s own perception of the level of tax literacy. Specifically, respondents who had taken a tax course or considered themselves tax literate had, on average, five percentage points higher scores on the tax literacy test. On the other hand, the gender of the respondent can be considered a statistically insignificant factor. PubDate: Tue, 18 Jan 2022 00:00:00 GMT
Abstract: The aim of the scientific paper is to identify employer’s options when engaging in anti-terrorist screening of future employees and to assess the compliance of such a procedure with the relevant European and national legislation. Through the use of qualitative scientific methods such as the analytical-descriptive method, comparison, critical analysis, induction, deduction, and synthesis of the acquired knowledge, the authors draw attention to a different approach to choosing appropriate legal bases for processing relevant information about employees, including different approach to labour law and the personal data protection law. The analysis of the principle of legality of personal data processing in the framework of anti-terrorist screening of job seekers takes into account a specific position of the job seeker as a weaker party to the prospective employment agreement. PubDate: Tue, 18 Jan 2022 00:00:00 GMT
Abstract: 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. PubDate: Thu, 25 Jul 2019 00:00:00 GMT
Abstract: 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. PubDate: Thu, 25 Jul 2019 00:00:00 GMT
Abstract: 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. PubDate: Thu, 25 Jul 2019 00:00:00 GMT
Abstract: 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. PubDate: Thu, 25 Jul 2019 00:00:00 GMT
Abstract: 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. PubDate: Thu, 25 Jul 2019 00:00:00 GMT
Abstract: The rapid development of IT technologies in the last few decades has also created increasing number of cross-border disputes. This trend is affected by the fact, that there are no border lines that we can find in the real world. Different law systems have to deal with the existence of this new, on state borders independent entity. In the perspective of law, internet is interesting because of its inability as a virtual space, to fit in the doctrine of legal state, by which the state exercises its authority and enforces its law on its territory. This traditional bond between the state, its territory and its law system is impaired, sometimes it is referred to as virtualization or delocalization of legal relationships. Delocalization has a great influence on determination of the decisive law system and court jurisdictions. In those cases, we need to distinguish substantive law and procedural law in order to determine court (or other institution) jurisdiction and law system which would be applied on the case. With regard to the topic of this article, we will deal with private law relationships with international elements. Unlawful use of trademarks on the internet raises a number of issues. One example is the use of trademarks on the internet and to what extent such use is infringing trademark rights on a specific territory. This paper deals particularly with the jurisdictional issues and how rules on private international law can assist in resolving these issues. The currently applicable EU Brussels I Regulation (Recast) allows infringers to be sued either in the place of the defendant’s domicile or in the place of the harmful event. PubDate: Wed, 24 Apr 2019 00:00:00 GMT
Abstract: Based on the interviews with that time managers, the paper aims to find out whether ideology affected the dealing with labor force in the last two decades of the socialist regime in Czechoslovakia. Technically, the labor market was balanced and characterized by zero unemployment and low and highly equalized wages. However, actually, there was a permanent imbalance with the lasting dominance of demand over supply and overemployment. Increasing wages was, due to ideological and formal settings of the system nearly impossible, and thus the economic agents tried to find alternative “solutions” to this imbalance. This situation led to low motivation of the labor force and consequently to low productivity. The positive side was represented by relatively good relationships among the employees. We demonstrate on the interviews that in the clash between ideology and the market forces, the former was stronger and in fact prevented efficient functioning of the labor market. PubDate: Wed, 24 Apr 2019 00:00:00 GMT
Abstract: In most European countries, teleworking or homeworking is used in various forms that differ from one another by its legal regulation. The paper examines the SME’s in the Czech Republic from the perspective what makes them to adopt telework using the financial indicators. We hypothesized that employer adoption of telework would depend on some economic factors. The empirical evidence showed that a typical company that uses telework is a company with higher ratio of liabilities and therefore lower ratio of equity, a lower ratio of fixed assets, higher sales, lower inventory, higher labour productivity and higher value added per employee, higher return on equity, higher personnel costs, higher average wages. Within the analysed enterprises, 16 indicators were assessed; the 9 indicators showed the difference between companies that use telework and companies that do not use telework. The research shows a typical company that uses telework. PubDate: Wed, 24 Apr 2019 00:00:00 GMT
Abstract: This paper takes a closer look at the existing early retirement schemes in Austria and analyses whether early retirement imposes a financial burden on the pension system (actuarial neutrality). Additionally, we compute incentive-neutral deductions for early retirement. These deductions reflect the view of the individual, who faces option of retiring earlier or working another year. Incentive neutral deductions would imply that an individual is indifferent between both. Our results highlight substantial differences between both measures. While the current deduction rate of 5.1% in the Austrian age corridor is, on average, close to actuarial neutrality, it is lower than the incentive-neutral deductions. This indicates that there are financial incentives for early retirement, which may arise due to the Austrian tax system. Additionally, we show that both actuarial and incentive neutrality differ substantially across socio-economic characteristics, such as gender, wages and (early) retirement age. PubDate: Wed, 24 Apr 2019 00:00:00 GMT
Abstract: The paper investigates whether there is a convergence club stance for the Visegrad countries plus Romania and Bulgaria and the part played, in this process, by the implicit tax rates on labour and consumption, respectively. For the purpose of the research, the GDP per capita, productivity and unemployment are used as convergence indicators and dependent variables. The dataset covers the 1995–2016 timeframe and the analysis is based on a panel-model approach. The main results show that the implicit tax on labour has no significant effect on the convergence indicators while the implicit rates on consumption are statistically significant with negative influence. The interpretation of results is made considering a set of control and robustness variables where policy lessons derive from. The conclusion reflects on the policy lessons that can serve to accomplish the convergence club within selected CEE countries: Bulgaria, the Czech Republic, Hungary, Poland, Slovakia and Romania. PubDate: Wed, 24 Apr 2019 00:00:00 GMT
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