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Legal Reform In Post Communist Europe

Author: Stanisław Frankowski
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792332183
Size: 56.62 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: Stanisław Frankowski
Publisher: Kluwer Law International
ISBN: 9041123318
Size: 34.33 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; and criminal 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: 43.62 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: 52.14 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.

Czecho Slovakia

Author: Eric Stein
Publisher: University of Michigan Press
ISBN: 9780472086283
Size: 44.80 MB
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Describes the peaceful breakup of the Czechoslovak Federation

A Culture Of Corruption

Author: William Lockley Miller
Publisher: Central European University Press
ISBN: 9789639116986
Size: 14.39 MB
Format: PDF
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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.

The Judiciary In Central And Eastern Europe

Author: Zdenek Kühn
Publisher: BRILL
ISBN: 9047429001
Size: 50.47 MB
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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.

A World View Of Criminal Justice

Author: Richard Vogler
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754624677
Size: 15.40 MB
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In an era of unprecedented change in criminal justice around the world, our failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. This book proposes a new theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'.