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Legal Reform In Post Communist Europe

Author: Stanisław Frankowski
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792332183
Size: 67.20 MB
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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.

Introduction To Polish Law

Author: Stanis?aw Frankowski
Publisher: Kluwer Law International B.V.
ISBN: 9041123318
Size: 33.87 MB
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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.

The Regulation Of Post Communist Party Politics

Author: Fernando Casal Bértoa
Publisher: Routledge
ISBN: 1317229207
Size: 47.35 MB
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The question of how political parties are, and ought to be, regulated has assumed an increased importance in recent years, both within the scholarly community and among policy-makers and politicians as the state assumes an increasingly active role in the management of, and control over, their behaviour and organisation This book concentrates on the regulation of political parties in the EU post-communist democracies, and on Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia and Romania, in particular. In analysing the various dimensions of party regulation, it builds on the main premises derived from the neo-institutionalist literature in political science, concerning the ways in which the (formal and informal) rules and procedures may influence, constrain or determine the behaviour of political actors. In doing so, it provides a comprehensive overview of the regulation of Eastern European political parties provided by leading experts in the field and casts theoretical and empirical light on the manner in which the constitutional and legal regulation of party organizations and finances have had an impact (or not) on the consolidation of party politics in post-communist Europe since 1989. This text will be of key interest to scholars and students of Political Parties and Behaviour, East European and Post-Communist Politics and Comparative Politics.

Czecho Slovakia

Author: Eric Stein
Publisher: University of Michigan Press
ISBN: 9780472086283
Size: 14.52 MB
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Describes the peaceful breakup of the Czechoslovak Federation