Smart legislative regulation: investigation of the behavior of the Czech RIA Committee

Motivation: This article studies the behavior of the Czech Regulatory Impact Assessment (RIA) Committee during the years between 2013–2018. This institution assesses RIAs of new laws and regulations which are in the process of ratification. Aim: The main aim was to find if the legislative change of February 3, 2016 had a direct impact on the decision-making of the Committee. Further, we ask whether there are other distinct patterns in the behavior of Czech RIA Committee members. Specifically, do the RIA Committee’s verdicts become more negative with time? We also investigate the level of independence of the Committee. In our analysis we used basic statistics: Chi-Square test of independence and regression analysis. To complete our study, we used data from a questionnaire which was distributed among RIA Committee members. Results: In our analysis we found that the legislative change did not have a direct immediate effect on the RIA Committee of the Czech Republic. However, we discovered that the RIA Committee has lost most of its independence and power in the six years of its existence. This change was gradual and most likely catalyzed by pressure from politicians. Further, voting per rollam yielded more positive results. We also discovered an institution whose RIA Committee verdicts differed significantly. Based on the findings of our research, we offer recommendations to the RIA Committee and other institutions with a similar purpose.

Digital Administration and Approval of Home Office Work Rules

The article discusses issues related to digital administration and the adoption of rules for working in a home office. Following the announcement of the COVID-19 pandemic worldwide, the issue of working in a home office has become increasingly important. This issue in the Republic of Bulgaria was regulated in 2011 in the Labor Code. It turns out that at the moment the regulations for working remotely in a home office are outdated and inapplicable in today’s dynamic times of development and globalization. In order to compensate for this gap in the legislation and to meet modern requirements, it is necessary for the heads of each digital administration to approve rules for work in the home office, which will specify and fill the missing niches in the legislation, to the current moment, until the implementation of the legislative change.

Some Remarks on the Changes in the Polish Penal Code During the Pandemic

The study indicates the solutions introduced by the amendment to the Penal Code during the pandemic. These are the so-called anti-crisis shields - shield 1.0, shield 3.0 and shield 4.0. The primary role of these laws was to respond to the crises related to the COVID-19 epidemic. Amendments to the Penal Code were introduced in a manner inconsistent with the Constitution of the Republic of Poland and the Regulations of the Sejm of the Republic of Poland. The mere legislative change and increasing punitiveness of the criminal law system and penal policy will not significantly reduce crime. The work is of a presentative and systematising character. The assumed hypothesis boils down to the assertion that the changes to the penal code made pursuant to the so-called anti-Covid laws are irrational and introduced without the required legislative procedure. The study mainly used the formal-dogmatic method.

Development of legislation aimed to combat raidering

The author analyzes the development of legislation aimed to combat raiding, in particular, that establishes crimi-nal liability for crimes covered by the concept of “raiding”, namely: Art. 205-1, 206, 206-2 of the Criminal Code of Ukraine. Investigated normative use of the term “raiding” in the legislation of Ukraine. Analyzed signs of crimes, which consist in illegal seizure of business entities. The history of the phenomenon of raiding in Ukraine is stud-ied and the stages of its spread are singled out. The comparison of the Criminal Code of Ukraine of 1960 and the Criminal Code of Ukraine of 2001 in the context of “anti-raider” articles is made. Each legislative change of Art. 205-1, 206, 206-2 of the Criminal Code of Ukraine. Additionally, the innovations of the laws aimed at counteracting raiding were analyzed, namely such laws as: “On Amendments to the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs” to prevent amendments to the Unified State Register of Legal Entities and Individual Entrepreneurs according to forged documents” № 815-VIII of 24.11.2015, “On Amendments to the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs” and some other legislative acts of Ukraine on decentralization of powers for state registration of legal entities, individuals - entrepreneurs and public formations” № 835-VIII from 26.11.2015, “On limited and additional liability companies” from 06.02.2018 № 2275-VIII, “On amendments to some legislative acts of Ukraine to combat raiding” from 05.12.2019 № 340-IX.

Preceived age descrimination in the job search process in later life

Purpose - The purpose of this paper is to explore the impact of legislative change to extend working lives and protect against age discrimination on the experiences of older job seekers following a period of economic decline.Design/methodology/approachThe research was informed by two focus groups. The research followed an inductive and iterative approach, interviewing 27 older job seekers to explore the barriers to seeking employment they faced. Themes from these interviews were then used to create a representative case study video to further highlight, share, and educate people on the barriers to employment that older job seekers face, and the strategies they use to overcome them.Findings - Perceived age discrimination, change of identity, motivation and insufficient feedback were identified as significant barriers to finding employment. Social support, coping strategies for identity change and detailed feedback were reported as positive facilitators of the search for work. The findings suggest that older job seekers face significant age related barriers to securing employment, which require age specific support to overcome. A statutory requirement for minimum standards of feedback provided to job applicants may increase transparency, and reduce the prevalence of discrimination in the job application process. Originality/value - This paper adds to the limited literature investigating the psychological impacts of the job search process in light of age related legislative change. With each new protected characteristic there is a lag between change in legislation, and change within employer attitudes and behaviour. This research investigates the impact of legislative change on the identity, morale and strategies of the older job seeker. The case studies from this research may also reach an audience beyond the traditional academic community offering a voice and new audience to the barriers older job seekers face.

Demand Shocks and Firm Investment: Micro-evidence from fiscal retrenchment in Italy

We study the effect of a persistent demand shock on corporate factor utilization. Our identification strategy leverages a legislative change designed to permanently reduce spending in certain targeted municipalities. This change generates an arguably-exogenous drop in the revenue of procurement firms, which differs depending on each firm’s reliance for its revenue on procurement in the targeted municipalities. We find that firms responded to the demand shock by cutting capital rather than labor. We propose a theoretical mechanism based on the irreversibility of capital investment.

Mining and indigenous rights in Sweden: what is at stake and the role for legislation

Mining and the permitting process for mineral projects in Sweden has been criticised as inadequately safeguarding the rights of Indigenous reindeer herding Sámi, who hold usufruct rights to more than half the country’s territory. There have been calls for Sweden to ratify the Indigenous and Tribal Peoples Convention (ILO 169) and to change its Mineral Law. This paper evaluates the extent of protection of Sámi rights — and not only those engaged in reindeer herding — in Sweden’s minerals permitting process. It also considers the implications if changes were made to align this process with the Indigenous-rights framework. The paper demonstrates that reindeer herding Sámi are, broadly, treated similar to landowners in the mineral projects permitting process. However, there is discrimination when it comes to being able to have a share in the benefits of a project: impacted reindeer herders have no such option whereas landowners do. Also, the permitting processes do not consider social and cultural impacts, nor are there obligations for the state to be sufficiently involved in consultation processes. Addressing the identified shortcomings would require only small changes to the Mineral Law and/or to its application and would be possible with only limited impacts on mining because the sector is not a significant user of land whilst it creates large economic values. However, extending those changes (to give parity between landowners and Sámi rights holders) in other important economic sectors which use more extensive land areas, would entail a considerable transfer of resources and associated power. Furthermore, changing the Mineral Law specifically would mean little in terms of safeguarding the rights of the majority of Sami who do not engage in reindeer herding. This suggests that calls for changes to mineral-related legislation to resolve indigenous land right issues are mis-directed or at least insufficient, and that other type of legislative change is required, fundamentally including resolving how extensive and strong the Sámi’s rights to land should be.

A LEGALIZAÇÃO DA BARBÁRIE: a reforma trabalhista e as novas relações de trabalho no Brasil

THE BARBARIES LEGALIZATION: labor reform and new labor relations in BrazilLA LEGALIZACIÓN DE LAS BARBARÍAS: reforma laboral y nuevas relaciones laborales en BrasilRESUMOEste artigo discute as principais mudanças na legislação trabalhista brasileira a partir da entrada em vigor da Lei N°13.467/2017, denominada de reforma trabalhista. Considera essa alteração legislativa como resposta da classe hegemônica brasileira às mudanças estruturais no capitalismo globalizado no bojo da denominada reestruturação produtiva [caracterizada pela ascensão do neoliberalismo e pela substituição do fordismo pelo modelo de acumulação flexível]. A metodologia utilizada constituiu-se em pesquisa bibliográfica e consulta a bases de institucionais [PNAD-contínua e CAGED]. Conclui que a reforma trabalhista tem se configurado num mecanismo de precarização do trabalho no Brasil, caracterizado pelo crescimento do trabalho intermitente, da informalidade e da subutilização, além de restringir o acesso à justiça do trabalho.Palavras-chave: Trabalho; Neoliberalismo; Precarização.ABSTRACTThis article discusses the main changes in Brazilian labor legislation from the entry into force of Law No. 13,467/2017, called labor reform. It considers this legislative change as a response from the Brazilian ruling class to the structural changes in globalized capitalism within the so-called productive restructuring (characterized by the rise of neoliberalism and the replacement of Fordism by the flexible accumulation model). The methodology utilized consisted of bibliographic research and consultation of institutional bases [PNAD-continuous and CAGED]. It concludes that the labor reform has been configured in a mechanism of work precariousness in Brazil, characterized by the growth of intermittent work, informality and underutilization, in addition to restricting access to labor justice.Keywords: Work; Neoliberalism; Precariousness.RESUMENÉste artículo argumenta los principales cambios en la legislación laboral desde la entrada en vigor de Ley N°13.467/2017, denominada reforma laboral. Considere este cambio legislativo como respuesta de la clase hegemónica brasileño a los cambios estructurales en el capitalismo globalizado en el bulto de la denominada reestructuración productiva [caracterizada por la ascensión del neo-liberalismo y por el reemplazo del fordismo por el modelo de acumulación flexible]. La metodología utilizada constituye en busca bibliográfica y consulta la bases institucionales [PNAD-continua e CAGED]. Concluye que la reforma laboral tiene si configurado en un mecanismo precario del trabajo en Brasil, caracterizado por el crecimiento del trabajo intermitente, de la informalidad y subutilización, además de restringir acceso a la justicia laboral.Palabras clave: Trabajo; Neoliberalismo; Precariedad.