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Legal Reform In Post Communist Europe

Author: Stanisław Frankowski
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792332183
Size: 19.56 MB
Format: PDF
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This book represents an effort to assess the unprecedented political, economic, and social reforms that have swept through Central and Eastern Europe in the five years since the collapse of Communism. The dismantling of the Warsaw Pact, the Council for Mutual Economic Assistance, the Communist Party apparatus, and the various manifestations of the nomenklatura' political control system have meant different things in different countries, but throughout the region we have witnessed a struggle to replace an authoritarian, one-party political system and a command economy with something resembling Western-style constitutional democracy and market economics. Accompanying this struggle have been attempts to transform the legal structure of these countries. It is no exaggeration to claim that lawyers, and particularly legal scholars, have played a central role in the struggle for reform in post-communist Europe. As conceived by its principal organizer and editor (Stanislaw Frankowski), this study gives these scholars an opportunity to express their perceptions of the success achieved to date and the work still remaining. A secondary goal is to expose a Western audience to the views and insights of legal scholars who have worked within the Central and Eastern European traditions. The four parts of this book reflect the principal areas in which legal reform seemed essential. First comes the reconstitutionalization of the societies in question, which means above all else the elimination of single-party politics and the notion of unity of powers. Then comes the creation of the legal institutions that would make possible a civil society under law. Then the institutions that moderate and control theuses of state power to discipline and punish persons that have transgressed the society's norms. Finally there is the question of how law reform had dealt with industrial democracy and the anticipated transformation of the workplace.

Law And Informal Practices

Author: Denis James Galligan
Publisher: Courier Corporation
ISBN: 9780199259366
Size: 74.24 MB
Format: PDF
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Law and Informal Practices is a work in socio-legal studies, examining the functions and effectiveness of law in the countries of the former Soviet Union. As the transition away from communism enters its second decade, the countries involved are confronted by an apparent failure of law. Understanding the newly formed social order in which law is powerless is a challenge to the assumptions of western jurisprudence. The contributors to this book take up that challenge. Using the framework of contemporary theory, ten specialists in different aspects of social science analyse the status of post-communist law from a variety of perspectives. Their emphasis is on the interplay between law and social norms, informal practices, and human values. Their work contributes to several of the wider ongoing debates in socio-legal studies: on the rule of law and its role in maintaining social order; on the interaction between law and social norms, relation between legitimacy and legality; and on the relative merits of solving problems by informal means such as networking or the use of intermediaries rather than by formal, institutionalised processes. At the same time, the book is intended to meet the needs of those interested not just in law but in the post-communist region. Blending theory with case studies, each contributor focuses on a single sector, such as the political system, worker-management relations, human rights, the machinery by which law is made and implemented, or the cultural and historical background of the societies under consideration. The majority of the chapters draw directly upon the authors' own experience and empirical research.

The Judiciary In Central And Eastern Europe

Author: Zdenek Kühn
Publisher: BRILL
ISBN: 9047429001
Size: 33.91 MB
Format: PDF, Mobi
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The book analyses the judicial culture in East Central Europe from the era of Stalinism up to the post-Communist period of the 1990s and 2000s. The book targets the judicial ideology and the conception of law, phenomena most resistant to change.

Introduction To Polish Law

Author: Stanis?aw Frankowski
Publisher: Kluwer Law International B.V.
ISBN: 9041123318
Size: 36.79 MB
Format: PDF, Kindle
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During two decades encompassing three epochal events - the collapse of European communism in 1989, NATO membership in 1999, and accession to the European Union in 2004 - the legal system of Poland has emerged with remarkable maturity and stability. In an exemplary blend of its democratic heritage from the era between the World Wars, proven effective legislation from the communist era, and the vibrant 1997 Constitution, Polish law dramatically reflects new social, economic and political realities. With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following:principles and practices of constitutional law;administrative law and procedure;civil procedure;courts and special judicial bodies;judicial review;enforcement of foreign judgments;family, succession and inheritance matters;formation and conduct of corporations and partnerships;contract formation, interpretation and termination; environmental protection;harmonizing Polish economic law with EU standards; competition law and regulatory framework of market processes; special regulation of energy, telecommunications and financial markets; copyrights, patents, utility models and industrial designs; licence agreements;the labour relationship and types of employment contracts; andcriminal law and procedure. Each chapter includes its own detailed bibliography. English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles and rules of Polish law. Encompassing all the major fields of legal practice, Introduction to Polish Law provides an essential understanding of the Polish legal system, so that users can become familiar with law and legal processes in Poland and pursue further research on specific Polish legal matters. Practitioners will find it of great value for both counselling and courtroom use.

Framing The State In Times Of Transition

Author: Laurel E. Miller
Publisher: US Institute of Peace Press
ISBN: 1601270550
Size: 34.83 MB
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Analyzing nineteen cases, "Framing the State in Times of Transition" offers the first in-depth, practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms. Thirty researchers with a combination of direct constitution-making experience and academic expertise present examples of constitution making in the contexts of state building and governance reform across a broad range of cultures, political circumstances, and geographical regions.The case studies focus equally on countries emerging from conflict and countries experiencing other types of transitions a move from autocratic rule to democracy, for example or periods of institutional crisis or major governance reform. Recognizing that there are no one-size-fits-all formulas or models, this volume illuminates the complexity of constitution making and the procedural options available to constitution makers as they build states and promote the rule of law.Contributors: Andrew Arato Louis Aucoin Andrea Bonime-Blanc Michele Brandt Allan R. Brewer-Carias Scott N. Carlson Jill Cottrell Hassen Ebrahim Donald T. Fox Thomas M. Franck Gustavo Gallon-Giraldo Zofia A. Garlicka Lech Garlicki Yash Ghai Vivien Hart Stephen P. Marks Zoltan Miklosi Laurel E. Miller Jonathan Morrow Muna Ndulo James C. O Brien Keith S. Rosenn Bereket Habte Selassie Anne Stetson J Alexander Thier Arun K. Thiruvengadam Aili Mari Tripp Lee Demetrius Walker Marinus Wiechers Philip J. Williams"

Health Care Law Making In Central And Eastern Europe

Author: André den Exter
Publisher: Intersentia nv
ISBN: 9050952534
Size: 27.17 MB
Format: PDF
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This book examines the relevance of a theoretical model of health care lawmaking in several Central-Eastern European countries. Confronted with the legacy of the ancient regime, the countries selected shifted away from a 'socialist' model towards a more 'market-oriented' health care system. From a legal perspective, this change of system imposed on government the need for drastic reforms starting with the introduction of a compulsory health insurance scheme based on the notion of solidarity. Future accession to the EU, requiring the incorporation of the acquis communautaire, has increased the complexity of legal reforms since. Strengthening the reform process, the author developed a method of law-making based on legaltheoretical understanding. Case study research in three selected countries justifies the conclusion that the analytical model rationalises the law-making activity, including the 'EU law approximation process'. What is more, it became apparent that the importance of this theoretical model is not restricted only to the selected countries but may also be a valuable instrument for other countries in transition in the region. Health care law-making in Central and Eastern Europe - Review of a legal-theoretical model provides a unique resource for scholars and policy makers interested in legal reforms in Central- Eastern European health care systems.

Religion Politics And Nation Building In Post Communist Countries

Author: Greg Simons
Publisher: Routledge
ISBN: 1317067150
Size: 18.84 MB
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The increasing significance and visibility of relationships between religion and public arenas and institutions following the fall of communism in Europe provide the core focus of this fascinating book. Leading international scholars consider the religious and political role of Christian Orthodoxy in the Russian Federation, Romania, Georgia and Ukraine alongside the revival of old, indigenous religions, often referred to as 'shamanistic' and look at how, despite Islam’s long history and many adherents in the south, Islamophobic attitudes have increasingly been added to traditional anti-Semitic, anti-Western or anti-liberal elements of Russian nationalism. Contrasts between the church’s position in the post-communist nation building process of secular Estonia with its role in predominantly Catholic Poland are also explored. Religion, Politics and Nation-Building in Post-Communist Countries gives a broad overview of the political importance of religion in the Post-Soviet space but its interest and relevance extends far beyond the geographical focus, providing examples of the challenges in the spheres of public, religious and social policy for all transitional countries.

A Culture Of Corruption

Author: William Lockley Miller
Publisher: Central European University Press
ISBN: 9789639116986
Size: 79.69 MB
Format: PDF, ePub, Docs
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Focusing on the gap between democratic ideals and performance, three European academics study the common experience and even more common perception of the corrupt behavior of bureaucrats in post-communist Ukraine, Bulgaria, Slovakia, and the Czech Republic. The authors conducted focus-group studies, one-on-one interviews, and large-scale surveys to reveal plentiful details about the ways ordinary citizens cope in their day-to-day dealings with low-level officials and state employees, whose decisions can have a critically important impact on people's lives. c. Book News Inc.

Czecho Slovakia

Author: Eric Stein
Publisher: University of Michigan Press
ISBN: 9780472086283
Size: 59.19 MB
Format: PDF
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Describes the peaceful breakup of the Czechoslovak Federation