scholarly journals Wpływ władzy totalitarnej na sposoby regulacji polskiego prawa gospodarczego

2021 ◽  
Vol 43 (4) ◽  
pp. 393-404
Author(s):  
Lidia Siwik
Keyword(s):  
Current System ◽  
Civil Law ◽  
Legal Order ◽  
First Century ◽  
Social Market Economy ◽  
The European Union ◽  
Authoritarian Rule ◽  
Economic Relations ◽  
The Face ◽  
Social Market

In the current legal order there are two ways of regulating economic law. According to the dualist concept, economic relations are treated as separate from civil law relations, while, according to the principle of the unity of civil law, the aspects of economic turnover are a specialized part of civil law. In Poland, the dualist concept was replaced under communist authoritarian rule by the principle of the unity of civil law in order to emphasize the low usefulness and lack of practical relevance of economic turnover, which was replaced almost entirely by socialized turnover conducted by economic units with state status. Despite the departure from totalitarian rule and in the current system of social market economy, the principle of the unity of civil law has persisted. The paper shows that the principle of the unity of civil law, although instrumentally treated by authoritarian governments, has a number of advantages that allow it to function successfully in the conditions of freedom of entrepreneurship in the European Union and in the face of political changes that took place in Poland at the turn of the twenty-first century.

Ideas, Institutions and Organized Capitalism: The German Model of Political Economy Twenty Years after Unification

2010 ◽  
Vol 28 (2) ◽  
pp. 130-150 ◽  
Author(s):  
Christopher S. Allen
Keyword(s):  
European Union ◽  
Market Economy ◽  
German Economy ◽  
First Century ◽  
Social Market Economy ◽  
The European Union ◽  
Early Twenty ◽  
German Model ◽  
Severe Recession ◽  
Social Market

For much of the past two decades since unification, the literature on the German economy has largely focused on the erosion of the German model of organized capitalism and emphasized institutional decline and the corresponding rise of neoliberalism. The first part of the article analyzes the strains unification placed on German economic performance that caused many observers to call for modification of the model in a more neo-liberal direction. The second part takes a different focus and lays out the main rationale of the paper. It inquires why such a coordinated market economy was created in the first place and whether a renewed form of it might still be useful for Germany, the European Union, and other developed democracies in the early twenty-first century. The third section articulates the origins of the institutional and ideational components of these coordinated market economy models, during both the Bismarckian and Social Market Economy periods. The final portion inquires whether the failure of the contemporary liberal market economy approach in the wake of the worldwide financial crisis and severe recession represents a possible opening for the creation of a third coordinated market economy not only for Germany but for a redesigned European Union.

scholarly journals La necesaria autorización judicial para el traslado de personas físicas condenadas a penas de prisión entre estados miembros de la Unión Europea

2011 ◽  
Author(s):  
Marcos Baras González
Keyword(s):  
Mutual Recognition ◽  
Current System ◽  
Legal Order ◽  
The European Union ◽  
Security Measures ◽  
Trial Court ◽  
Court Judge ◽  
Judicial Intervention ◽  
Full Development ◽  
Recognition And Enforcement

el aumento del traslado de personas condenadas a penas privativas de libertad y a medidas de seguridad de la misma naturaleza, por el pleno desarrollo del Espacio de Libertad, Seguridad y Justicia en la Unión Europea, y especialmente por la aplicación de la Decisión marco 2008/909/JAI, relativa al reconocimiento mutuo y ejecución entre Estados miembros de la Unión de este tipo de penas, que difiere bastante del sistema actual, regulado principalmente por el Convenio de Estrasburgo de 1983, y la futura adaptación que de la misma haga el legislador español, nos obliga a reflexionar sobre el encaje de esta norma en el Ordenamiento jurídico constitucional español. Pretendemos con este estudio prestar singular atención a la intervención judicial, en concreto del Juez o Tribunal sentenciador, tanto en la autorización del eventual traslado del condenado a un Estado miembro, como la influencia de este cumplimiento en un Estado distinto del que impuso la pena, en la reinserción social.increase the transfer of persons sentenced to deprivation of liberty and security measures of the same nature, the full development of the Area of Freedom, Security and Justice in the European Union, and especially the implementation of the Framework Decision 909 of 2008 concerning the mutual recognition and enforcement between Member States of the Union of such penalties, which differs significantly from the current system, mainly regulated by the Strasbourg Convention of 1983 and the upcoming adaptation of the same make the Spanish legislature, we need to reflect on the fit of this rule in the Spanish constitutional legal order. We aim with this study paid special attention to judicial intervention, in particular the trial court judge or, in the authorization of the eventual transfer of the sentenced to a Member State, as the influence of such compliance in a State other than that imposed the penalty reintegrate into society.

Balance-Sheet of European Social Policy

2021 ◽  
Vol 27 (3) ◽  
pp. 591-598
Author(s):  
José Mª Gil Robles
Keyword(s):  
European Union ◽  
Social Protection ◽  
Balance Sheet ◽  
Point Of View ◽  
Social Model ◽  
Social Market Economy ◽  
The European Union ◽  
European Social Policy ◽  
Subsidiarity Principle ◽  
Social Market

Specific competence of the European Union in the field of social security and social protection has been quite limited, as the Member States consider these two items as core subjects of national policies and appeal earnestly to subsidiarity principle to avoid European regulation. Influence of the E.U. has nevertheless been gradually and considerably increasing through the implementation of the Community rules on the internal market and competition. European social model is the so called “social market economy”, which means, in short, an economy ruled by a market whose transparency and fairness are guaranteed and controlled by the public powers. There is the will, at European level, to be able to achieve high economic and productivity growth, necessary to fuel recovery from crisis damages, while at the same time minimising so-called social failures, such as unemployment, poverty and social exclusion. The European Union addresses these areas as a matter of common concern and has a role in facilitating the exchange of information, data, best practices and research. The balance of European policies is in overall terms rather positive from the social point of view.

Brexit. Or, Is the European Union Educable?

2016 ◽  
Vol 17 (S1) ◽  
pp. 63-70
Author(s):  
Russell A. Miller
Keyword(s):  
Western Europe ◽  
Common Law ◽  
Civil Law ◽  
Legal Culture ◽  
Civil Code ◽  
Legal Systems ◽  
The European Union ◽  
Legal Traditions ◽  
The Face ◽  
European Civil Code

In an essay from 1998 the comparative law scholar Pierre Legrand asked the question “are civilians educable?” It was a theme that had preoccupied him for some years as he agonized over what he regarded as the intolerant, totalizing, and normalizing manner in which civilian legal systems and their acolytes encounter other legal traditions. He had documented, for example, the ways in which Quebec's new 1994 Civil Code constructively sought to suppress and exclude the significant and historically relevant Anglophone community in Quebec. Legrand argued that this domineering posture is a product of the civil law's cosmological and autarkic mentality. “The difficulty,” Legrand lamented, “is that the civil law mind … is reflexively imperialistic … because of its penchant for universalization.” Far more than his disquiet over the precarious future of Quebec's Anglophone community, Legrand came to be concerned about the fate of the English common law tradition in the face of the European Union's convergence agenda. This was, to Legrand's mind, an apocalyptic confrontation between England's still-proud legal culture and Europe's horsemen of convergence: the ECJ, the Commission, the Parliament. With increasing distress Legrand turned his attention to the way in which the European Community (and later the Union) “is liable to achieve … the marginalization of one of the subcultures that have defined western Europe historically.” He would go on to insist that “European legal systems are not converging” and to raise ever-more strident objections to the idea of a European civil code. This would not cease until Legrand had written “Antivonbar,” an incendiary manifesto aimed at salvaging the English common law from what he viewed as the Union's closed-fisted and violent politics of supremacy, which had taken the form of the proposed European Civil Code.

scholarly journals Combating Unemployment through Social Entrepreneurship in the European Context

2020 ◽  
Vol 4 (4) ◽  
pp. 85-98
Author(s):  
Loredana Nicoleta Zainea ◽  
Sorin-George Toma ◽  
Paul Marinescu ◽  
Andrea Chițimiea
Keyword(s):  
European Union ◽  
Labour Market ◽  
Social Entrepreneurship ◽  
Positive Impact ◽  
Vulnerable Groups ◽  
Social Market Economy ◽  
The European Union ◽  
Health Crisis ◽  
The People ◽  
Social Market

Сonsideration of the dynamic changes from the socio-economic environment, social entrepreneurship plays an essential role in the labour market as it creates new jobs, contributes to the improvement of the economic and social position of vulnerable groups in society, and stimulates economic development. The financial crisis from 2008 and the current health crisis, which generated a significant economic crisis and the specific social context existing in each member state, constitute the leading causes that led to a slow convergence rhythm of the labour market at the European Union level. Unemployment and non-employment have a significant impact on the people affected by poverty and the disadvantaged people. A coherent, systematic and sustainable approach to social entrepreneurship is required to generate significant change at the European level. Innovative solutions to current economic, social and environmental challenges are needed since the private or/and public sectors do not fully meet the communities’ existing needs. The aim of the paper is to analyze how social entrepreneurship contributes to the reduction of the unemployment rate, by meeting the objectives set out in the Europe 2020 Strategy, to create a sustainable and inclusive social market economy, and to improve social cohesion. The quantitative method, based on the data found in various international journals, statistical reports and electronic databases, was used by the authors to accomplish the objective of the paper. The paper illustrates that social entrepreneurship is a complex process in which resources are used in an efficiently and effectively way, new skills, competences, and knowledge are accumulated, which turn into social and economic innovation, having a positive impact on productivity and the creation of highly skilled jobs, as well as maximizing the opportunities which lead to social change. Keywords: Social Entrepreneurship, Unemployment, European Union, Education.

The Compatibility of Private Health Insurance Schemes with EU Law: Applying the Health Insurance Exception beyond Substitutive Private Health Insurance

2020 ◽  
pp. 1-26
Author(s):  
Bruno NIKOLIĆ
Keyword(s):  
Health Insurance ◽  
Member State ◽  
Private Health Insurance ◽  
State Intervention ◽  
Solvency Ii ◽  
Alternative Interpretation ◽  
Social Market Economy ◽  
Eu Law ◽  
The European Union ◽  
Social Market

Abstract The lack of clarity as to the scope of the health insurance exception enshrined in Article 206 of the Solvency II Directive has created uncertainties surrounding the implications for government intervention in the private health insurance market. A contentious interpretation of the health insurance exception, offered by former EU Commissioner Bolkestein, and the approach subsequently taken by the Commission and the Court of Justice of the European Union in assessing the compatibility of Member State intervention in private health insurance have led to a divergence in the application of EU law, which further increases uncertainties around the legality of Member State intervention. This article proposes an alternative interpretation of the health insurance exception that draws on a contemporary understanding of private health insurance as a socio-economic institution aimed at achieving a highly competitive social market economy. This alternative interpretation extends the applicability of the health insurance exception from substitutive private health insurance to complementary private health insurance that covers statutory user charges and thus improves the compliance of national health insurance systems in several Member States with EU law and enhances the coherence of EU law.

scholarly journals Economic Constitution of the European Union, before and after Lisbon (between the principle of Competition and the “Social Market Economy”)

2017 ◽  
Vol 3 (1) ◽  
pp. 114-129
Author(s):  
Pedro Madeira Froufe
Keyword(s):  
European Integration ◽  
Market Economy ◽  
Internal Market ◽  
Social Market Economy ◽  
The European Union ◽  
Economic Constitution ◽  
The Social ◽  
Before And After ◽  
Social Market ◽  
The Eu

This paper registers some notes and interrogations concerning the express legal enshrinement of the concept of Social Market Economy. It highlights the ordoliberal origin of this concept and questions its meaning – associated with a certain loss of intensity from the clear proclamation of the principle of Competition – in terms of the economic ordination of the Internal Market and European integration. However, the question to be asked brings us back to the effective and contextualised characterisation in the current moment of European integration – the economic Constitution of the EU. Will there be, then, a change of the ideological referential in the economic constitution of the EU and, consequently, in the paths that are intended to be trailed in the future? Or, instead, is the emergence of the express enshrinement in the Treaty of the “Social MarketEconomy” not indicative of a shift of perspective (sense of direction) of the economy in the Internal Market, but only an evolution in continuance?

scholarly journals Regulating labour platforms, the data deficit

2018 ◽  
Vol 7 (1) ◽  
pp. 5 ◽  
Author(s):  
Adrian John Hawley
Keyword(s):  
Smart Phone ◽  
Safety Net ◽  
Social Market Economy ◽  
The European Union ◽  
Work Related ◽  
Gig Economy ◽  
The Social ◽  
Share Data ◽  
Access To Data ◽  
Social Market

It is widely reported that there is a data deficit regarding working conditions in the gig economy. It is known, however, that workers are disadvantaged because they are not classed as employees with the result that they lack work-related entitlements and may not be protected by the social welfare safety net. Nor is this compatible with the social market economy enshrined in the European Union treaties. Two obstacles are that labour law and social policy are mainly a national competence and that platforms are reluctant to share data with regulators. In this paper I take the specific case of offline labour platforms intermediated by app and smart phone such as driving and delivering and look for new pathways between access to data and the shaping of public policy in member states with potentially legal certainty.

Sign in / Sign up

Export Citation Format

Share Document