Journal articles: 'Public law – Europe, Eastern'

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MAJOR, IVAN. "PRIVATE AND PUBLIC INFRASTRUCTURE IN EASTERN EUROPE." Oxford Review of Economic Policy 7, no. 4 (1991): 76–92. http://dx.doi.org/10.1093/oxrep/7.4.76.

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Liebscher, Christoph. "Application of the New York Convention in Austria and Eastern Europe." Journal of International Arbitration 25, Issue 6 (December 1, 2008): 771–86. http://dx.doi.org/10.54648/joia2008061.

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This article deals with the interpretation of Article V of the New York Convention in Central and Eastern Europe. Although in many countries in Eastern Europe there is a scarcity of decisions based on the New York Convention, research in the following countries showed decisions based on an interpretation of Article V: Austria, Belarus, Bulgaria, Czech Republic, Hungary, Lithuania, Poland, Romania, and Ukraine. A brief synopsis of the relevant decisions is provided. The most prevalent topic appearing in many decisions was public policy. The article contains a brief analysis of the approach adopted by the different countries to public policy.

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Maslov, Kirill V. "Axiological approach in financial law (review of the conference "Axiology in the financial law of Central and Eastern Europe", Grodno, September 19-20, 2019)." Law Enforcement Review 3, no. 4 (January 16, 2020): 114–19. http://dx.doi.org/10.24147/2542-1514.2019.3(4).114-119.

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The report on the speeches of the participants of the scientific conference "Axiology in the financial law of Central and Eastern Europe" is presented in the article. The conference was organized by Yanka Kupala State University of Grodno and Center for Public Finance of Central and Eastern Europe and took place in Grodno on September, 19-20, 2019. The most relevant topics were: the essence of legal values, constitutional basis of financial law, axiological approach to budgetary system, fiscal federalism, taxation of cross-border trans-actions, tax security.

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DeLue, Steven M. "The Enlightenment, Public Memory, Liberalism, and the Post-Communist World." East European Politics and Societies: and Cultures 20, no. 3 (August 2006): 395–418. http://dx.doi.org/10.1177/0888325405275985.

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This article discusses the central role of public memory of radical injustice—or the systematic denial by a regime of the principle of equal respect for persons under the rule of law—in creating and preserving a liberal democratic regime. My contention is that, in the aftermath of the Enlightenment, efforts to deny equal respect in a systematic way to entire groups of people must be remembered by a society—indeed, there is a moral obligation to do so. And when these events are remembered, the basis for establishing and maintaining the rule of law in society on behalf of civic equality is more likely. A public memory of radical injustice has become much stronger in the countries of Eastern Europe than in Russia, and I speculate what the consequences of this circumstance are likely to be for the political relationships between Russia and the countries of Eastern Europe.

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Kovalchuk, Vitalii, and Iryna Sofinska. "Parliamentary Opposition and Democratic Transformation Issues – Central and Eastern Europe in Focus." Studia Iuridica Lublinensia 31, no. 5 (December 30, 2022): 219–31. http://dx.doi.org/10.17951/sil.2022.31.5.219-231.

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Radvan, Michal. "Tax Law as an Independent Branch of Law in Central and Eastern European Countries." Lex localis - Journal of Local Self-Government 12, no. 4 (October 6, 2014): 813–27. http://dx.doi.org/10.4335/12.4.813-827(2014).

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Tax law science has a longstanding tradition in the USA and Western Europe and is sufficiently advanced that the question is hardly even posed whether tax law can be considered an independent branch of law. In contrast, Central and Eastern European legal science has only recently admitted the independent existence of financial law. Financial law, however, is a very broad area of law covering public finance, the financial sector (banking, insurance, capital markets), currency and foreign exchange, accounting, etc. In the next phase of development of financial law it will be necessary to react to these facts, which will without doubt lead to a diversification of financial law. The main goal of this article is to confirm or refute the hypothesis that tax law is an independent branch of law in Central and Eastern European countries, specifically in the Czech Republic, Slovakia, Poland and Hungary. For that purpose the criteria for being considered an independent branch of law are analyzed, namely: separate and specific object of legal regulation, method of legal regulation, system and system coherence of legal norms, and social acceptance of the branch.

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Mojić, Dušan, and Jelena Jovančević. "Explaining Unsuccessful Public Administration Reforms in Postsocialist Serbia: The Neoinstitutional Perspective." Lex localis - Journal of Local Self-Government 18, no. 2 (April 26, 2020): 293–310. http://dx.doi.org/10.4335/18.2.293-310(2020).

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Public administration reforms in transition countries of Eastern Europe have gained considerable attention from researchers and practitioners in the recent decades. The main reason for this interest has been the fact that public administration transformation is closely related to the overall process of transition from planned economy and socialism to market economy and capitalism. Public administration has been considered one of the key institutional aspects in modern economies and societies, including the former socialist states of Eastern Europe. According to the neoinstitutional theoretical framework, changes of formal institutions (including public administration) are deeply embedded in informal institutions or culture (represented by informal norms and values). The main aim of the paper has been to explain unsuccessful reforms of public administration in postsocialist Serbia utilizing the propositions of the neoinstitutional approach developed by Richard Scott. The analysis has focused on normative institutional elements – informal norms and values. The survey on a nationally representative sample of citizens of Serbia was conducted in 2016, on the basis of the GLOBE theoretical and methodological principles. The study has confirmed the initial assumption about normative institutional elements (informal norms and values) as the most important obstacles for public administration reforms in Serbia.

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Ágh, Attila. "The Transition to Democracy in Central Europe: A Comparative View." Journal of Public Policy 11, no. 2 (April 1991): 133–51. http://dx.doi.org/10.1017/s0143814x00006176.

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ABSTRACTThe collapse of Communist regimes in Eastern Europe has also caused the collapse of old-fashioned studies of Communist systems that subscribed to a simple notion of totalitarian uniformity, or a static belief in the continuance of self-equilibrating cycles within socialist states. To understand what is happening in Central and Eastern Europe today we need to be discriminating in a choice of paradigms. European conceptions of democracy as having a socio-economic as well as political dimension are more relevant than formalist American definitions. Moreover, Europe, in the form of the European Community, is also a much more immediate influence than the United States upon what is happening in Central or Eastern Europe. The transition to democracy in Southern Europe provides encouraging models for ex-Soviet satellites. The failure of Latin American countries to democratize provides warnings, such as the risk that Presidential government can produce dictatorship or instability, a risk that is present in new democracies in Europe too.

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Kovač, Polonca. "Contemporary Challenges of Access to Information in Public Governance in South Eastern Europe." Lex localis - Journal of Local Self-Government 13, no. 2 (January 26, 2015): 185–204. http://dx.doi.org/10.4335/13.2.185-204(2015).

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Access or right to information (RTI) is a fundamental principle in a democratic society. Most countries, particularly in the EU, regulate such institution by law, making a distinction between access to file within administrative procedures and access to public information. The article provides a normative and comparative study of the RTI regulation in Slovenia, Serbia and Croatia as South Eastern European countries. The dilemmas arising in the practical implementation thereof are analyzed as well. In the respective area, the degree of awareness of the need for open and good administration governance is rather high, taking into account EU guidelines, yet regulation alone does not suffice and should be followed by effective implementation to overcome still undergoing processes of Europeanization and (post)transition and develop good administrative governance.

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Grødeland, Åse B. "Perceptions of civil rights, security and the “war on terror”: East and West compared." Communist and Post-Communist Studies 48, no. 4 (November 6, 2015): 317–35. http://dx.doi.org/10.1016/j.postcomstud.2015.10.003.

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This article explores the tension between civil rights and security by examining the perceptions of the general public and elites in Eastern and Western Europe on (i) the terrorist threat; (ii) external pressure to stay within or step outside the law when combatting terrorism; and (iii) how best to combat terrorism. Large scale qualitative and quantitative data collected in Western and Eastern Europe before the terrorist act in Norway in 2011 and the Russian intervention in Ukraine and subsequent annexation of the Crimea in 2014 suggest that at the time terrorism was perceived as a greater threat in Western than in Eastern Europe. Further, Europeans felt that the US had extended pressure on their countries to combat terrorism by stepping outside the law. While ordinary citizens believed that terrorism should be fought by introducing more security — if necessary at the expense of civil rights — elites emphasized the need to protect civil rights while combating terrorism. Finally, European Muslims claimed that the terrorist threat was exaggerated and that protecting civil rights is more important than combating terrorism.

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Ploszka, Adam. "Shrinking Space for Civil Society: A Case Study of Poland." European Public Law 26, Issue 4 (December 1, 2020): 941–60. http://dx.doi.org/10.54648/euro2020072.

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This article discusses the phenomenon of shrinking space for civil society organizations in Poland, a Member States of the European Union and Council of Europe. It describes the tools used by Polish public authorities to restrict the operational capacity of civil society and compares these tools with the applicable constitutional and human rights standards. The article’s summary presents recommendations concerning the methods of addressing this phenomenon in Poland, which are capable of being applied in a broader context of other countries of Central and Eastern Europe. human rights, ECHR, shrinking space, civil society

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Bobek, Michal, and David Kosař. "Global Solutions, Local Damages: A Critical Study in Judicial Councils in Central and Eastern Europe." German Law Journal 15, no. 7 (December 1, 2014): 1257–92. http://dx.doi.org/10.1017/s2071832200019362.

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Judicial independence appears on most laundry lists of all bodies or institutions engaged with the rule of law. It is considered an unqualified public good. As a result, all major players engaged in legal reform and building a rule of law have diverted significant resources to this issue. For instance, the United Nations created the office of Special Rapporteur on the Independence of Judges and Lawyers in 1994. The World Bank has been investing heavily in judicial reforms in Latin America and Asia. In Europe, the Council of Europe has been pushing for judicial independence and judicial reform throughout the continent. Additionally, the European Union included judicial independence among its core requirements for the accession countries. Both organizations, the European Union and the Council of Europe, then jointly encouraged legal and judicial reforms in Central and Eastern Europe (CEE). A number of non-governmental organizations have likewise paid considerable attention to this issue.

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Medushevskiy, Andrey. "Global Constitutionalism and Legal Fragmentation: The Populist Backslide in Central and Eastern Europe." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 393. http://dx.doi.org/10.17951/sil.2021.30.4.393-440.

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<p>Globalisation has provoked a deep transformation in international law, political affairs and governance with contradictory consequences. It has stimulated the cosmopolitan project of global constitutionalism, transnational integration and the unification of democratic standards. However, it also resulted in the fragmentation of international affairs, the deterioration of constitutional democracy and a feeling of a growing shortage in democracy on national and international levels of governance. Trying to balance the impact of these two opposing trends, the author analyses the positive and negative effects of globalisation on constitutional development regarding such issues as transnational constitutionalisation, democracy and national sovereignty, the changing place of multilayer constitutionalism, the international separation of powers, and the system of global governance in the establishment of transnational constitutional democratic legitimacy. From this point of view, the populist backslide in Central and Eastern Europe (CEE) looks dangerous and unforeseen, but it is a systemic and potentially predictable reaction of global regions on the uneven character of integration, the lack of democratic legitimacy and a new answer to the contortions and dysfunctions of global governance. An adequate response to these challenges could be found in a new concept of constitutional integration based on ongoing dialogue between the transnational and national actors of legal globalisation. This dialogue is possible by using a conflict-mediation strategy, elaborated by international experts, especially, for the deliberation of complex and protracted conflicts, which have no clear practical solutions in the short to medium term.</p>

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Letnar Černič, Jernej, and Polonca Kovač. "Responding to the Conflict of Interest Risks in Central and Eastern Europe: Case of Slovenia." Hrvatska i komparativna javna uprava 22, no. 4 (December 30, 2022): 575–604. http://dx.doi.org/10.31297/hkju.22.4.7.

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Prohibition of conflict of interest prevents abuses of the rule of law in modern constitutional democracies. As a result, is ensures that persons working in state institutions do not use their posts and functions for private gain. The experience from Central and Eastern Europe (CEE) illustrates that state authorities have in the past faced challenges in how to internalise the prohibition of conflict of interest. Literature from CEE on the prohibition of conflict of interest has been scarse. Consequently, this paper aims to address this gap by examining the experience of the Slovenian state in coping with the risks arising from conflict of interest. It discusses and analyses on one hand theoretical and normative underpinnings of the prohibition of conflict of interest in the Slovenian, European and international frameworks. On the other hand, it examines the recent practice of administrative and judicial bodies concerning the prohibition of conflict of interest. It finds that normative frameworks in the Slovenian constitutional framework have been reformed in recent years. Nonetheless, there is still a risk of potential and actual conflict of interest for the implementation of the rule of law in state institutions. The normative prohibition appears not to have been fully internalised in the practice of state institutions. As a result, the authors submit that state institutions should not turn a blind eye to the risk of conflict of interest in order to show willingness to strengthen the rule of law in the Slovenian constitutional democracy. The Slovenian normative and empirical experience shows lessons that can be taken up in the constitutional democracies of Central and Eastern Europe experiencing similar challenges.

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Madryha, Tetiana, Oleksandr Kornievskyy, Yevgen Pereguda, Irina Bodrova, and Stepan Svorak. "Transformation of civil society in the context of political radicalism in eastern Europe." Cuestiones Políticas 40, no. 74 (October 25, 2022): 268–92. http://dx.doi.org/10.46398/cuestpol.4074.14.

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The aim of the article was to identify the current state of the process of civil society transformation in the context of political radicalism in Eastern Europe. Comparative law and statistical analysis were the main methodological tools. The research showed that the development of political radicalism in Eastern Europe leads to the transformation of civil society. A more persistent and contentious public makes new demands on the political process. It also creates multidimensional tensions and conflicts. Representatives of radicalism gain strong positions in the political environment of society by supporting illiberalism, ethno-nationalism, culture wars and alternative knowledge. The process of merging militant and violent radicalism with family ethnonationalism is ongoing in the countries of Eastern Europe. It is concluded that this phenomenon requires constant implementation of political, legal and security strategies to prevent manifestations of political radicalism. The appropriateness and prospects of the activities of the Radicalization Awareness Network, developed by the European Union, were established.

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Holzmann, Robert. "Starting Over in Pensions: The Challenges Facing Central and Eastern Europe1." Journal of Public Policy 17, no. 2 (May 1997): 195–222. http://dx.doi.org/10.1017/s0143814x00003548.

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ABSTRACTAll countries in Central and Eastern Europe require rapid and drastic restructuring of their public pension schemes for macro- and microeconomic reasons. While initial considerations were geared towards streamlining the unfunded scheme, reducing many distortions and making it financially sound, some transition economies initiated reform plans for a move from unfunded to funded retirement income provision. The paper reviews the need for reform and surveys the discussion and current plans before addressing three central open questions: How to structure the first and unfunded tier? How to finance the transition toward the second and funded tier? What are the minimum financial sector requirements before funded provisions can be initiated? The success of the current pension reform efforts in Central Europe will have an important bearing on developments throughout Europe. A failure in one transition economy caused by bad design, unprojected deficits, or insufficient financial market preparation could discredit a funded pension system in the whole region; a successful move towards an unfunded-funded multi-tier pension scheme in Eastern Europe could positively stimulate the discussion of pension reform in the European Union.

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Kovac, Polonca. "Potentials of Administrative Procedures as a Participatory Tool within Governance Models in Central and Eastern Europe." Danube 9, no. 4 (December 1, 2018): 227–44. http://dx.doi.org/10.2478/danb-2018-0014.

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Abstract Good public governance requires participative networking to tackle the worst societal problems. Redefined administrative procedure as an instrument that should ensure efficient public policies is one of the key approaches in this respect. The objective of this article is to show, based on qualitative research methods, that in modern public administration, procedure is attributed a much different role than under the traditional Rechtsstaat doctrine. It has been evolving towards becoming a dialogue tool for the state and the citizens, increasingly recognised in Neo-Weberian and good governance models, also in Central and Eastern Europe (CEE). Administrative procedure’s modernised codification in CEE countries, grounded in public administration theory, EU and case law, is in this article seen as of the utmost importance to apply in the region to develop its governance capacity. The article addresses said issues and provides a specific outline as to how to systematically and proportionally codify administrative procedural law in this sense on a national scale. The author proposes a concrete, holistic outline to redefine respective codification within contemporary public governance models. This outline incorporates minimum joint fundamental principles, e.g. the right to be heard. Following the principle of proportionality, in addition a more detailed codification is suggested by more formalised proceedings in the case of the collision of legally protected interests. The principles, such as participation, would apply for any administrative acts, resulting from legislative policy-making or single-case decision-making, and judicial reviews thereof alike. Such an approach should ensure a balanced recognition and effective protection of parties and public interest.

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Banaszak, Boguslaw, and Michal Bernaczyk. "Open Government in Poland: The Current Situation and Its Perspectives." European Public Law 17, Issue 2 (June 1, 2011): 261–75. http://dx.doi.org/10.54648/euro2011019.

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Article presents the evolution of the concept of open government in Poland and implementation of new technologies in law-making processes. The emergence of civic society in Middle and Eastern Europe has brought along a profound interest in the concept of 'open government'. The Polish concept of civic participation in law-making process is based on an electronic access to information held by the government. The Polish law imposes on public entities a duty of creating their own electronic mandatory data bases as a part of national system of public information. This technology has been most distinctively combined with the constitutional freedom of information and lobbying in the law-making process enabling indirect civic participation in deciding on the matters significant for the state.

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Chiva, Cristina. "Ethnic Minority Rights in Central and Eastern Europe: The Case of the Hungarian ‘Status Law’." Government and Opposition 41, no. 3 (2006): 401–21. http://dx.doi.org/10.1111/j.1477-7053.2006.00181.x.

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AbstractThe international controversy concerning the Hungarian ‘status law’ of 2001 attests to the vital importance of ethnic minority rights in Central and Eastern Europe, as well as within an enlarged European Union. The paper examines the unique challenges raised by the law from its initial adoption in June 2001 to its subsequent amendment in June 2003. It looks at the interaction between four principal kinds of actors: Hungary (a kin state legislating support for ethnic co- nationals in neighbouring countries), Romania and Slovakia (home states to sizeable Hungarian ethnic groups), the Hungarian minorities in Romania and Slovakia, and the European institutions that became involved in the dispute as mediators.

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Kovač, Polonca. "Traditional and European Oriented Principles in the Codification of Administrative Procedures in Central Eastern Europe." Hrvatska i komparativna javna uprava 22, no. 1 (May 2, 2022): 9–36. http://dx.doi.org/10.31297/hkju.22.1.6.

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The demanding and changing societal environment brings the necessity of public administration reforms in various aspects. This is even more emphasised in Central Eastern Europe (CEE), which can be attributed to the still ongoing transition. Administrative procedures and their codification change over time, which also applies to the basic principles related thereto. The article presents the development of such principles in national APAs of Slovenia (from 1999), Czech Republic (2004), Croatia (2009), and Hungary (2016), in line with EU development guidelines, particularly Art. 41 of the EU Charter of Fundamental Rights that envisages the right to good administration. The basic principles embedded in national APAs constitute value-based guidelines that apply both to the drafting and to the interpretation of rules relevant for any type of administrative decision and any stage of procedure. The author finds that more recent APAs in Central Eastern Europe present an evident trend towards governing the administrative procedure and the basic principles more comprehensively, with due account of the more contemporary elements, such as proportionality among principles and cooperation among authorities. Another common denominator is complementing the traditional Rechtsstaat principles with more modern ones, in the sense of greater partnership among all stakeholders in administrative relationships. This points to a positive surpassing of historical legacies of European development, although at the same time there is evidence of interference with the administrative procedure as a tool of democracy, mainly as a result of political aspirations or trends to increase the efficiency of public policies. Hence, in the Member States, classical and modern principles should be codified and interpreted holistically, in the light of the values of the EU

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Clark, T. N. "Local Democracy and Innovation in Eastern Europe." Environment and Planning C: Government and Policy 11, no. 2 (June 1993): 171–98. http://dx.doi.org/10.1068/c110171.

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In this paper, the transition to democracy by Eastern European local governments is outlined. First, the 1990 elections are analyzed, the first democratic elections in half a century. Strategies of candidates and parties to gain power, and pressures toward privatization and economic development are discussed, drawing on fieldwork by Eastern European teams in the Local Democracy and Innovation Project. To clarify future directions of these new democracies, eight options are discussed—reliance on the traditional Soviet model, unions, clientelism, ethnic or regional identification, the church, the populist leader, voluntary associations, and the new political culture. These eight options constitute distinct rules of eight separate games. Rather than a single game or model predominating, continuity in these eight over time is expected. Still, the first games are likely to be superseded by those further down the list.

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Engelbrekt, Kjell. "EU Enlargement and the Emboldening of Institutional Integrity in Central and Eastern Europe: The ‘Tough Test’ of Public Procurement." European Law Journal 17, no. 2 (February 22, 2011): 230–51. http://dx.doi.org/10.1111/j.1468-0386.2010.00546.x.

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Rupp, Kalman. "Democracy, Market and Social Safety Nets: Implications for Postcommunist Eastern Europe." Journal of Public Policy 12, no. 1 (January 1992): 37–59. http://dx.doi.org/10.1017/s0143814x00004992.

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ABSTRACTPast discussions of market versus planned economies in terms of the efficiency/equity tradeoff missed the adverse equity implications of totalitarian political systems and the importance of pluralistic political decisionmaking structures. The paper demonstrates the role of the paternalistic party–state in creating nonmarket inequities, limiting the articulation of political preferences concerning social safety nets, and restricting nonstate sources of welfare. The transition to pluralistic market economies implies potential improvements both in equity and efficiency. The distinct problems of the transition are primarily rooted in uncertainties arising from the scarcity of resources and the fluidity of political preferences.

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Kovač, Polonca. "Innovative Administrative Procedure Law: Mission Impossible ?" NISPAcee Journal of Public Administration and Policy 10, no. 2 (December 20, 2017): 93–117. http://dx.doi.org/10.1515/nispa-2017-0013.

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Abstract Law and innovation are oft en seen as antagonistic notions, particularly in administrative (authoritative) relations. Th is paper addresses this issue based on the regulation of administrative procedures, since they represent core public-administration activities in contemporary society. Hence, they need to be codified and implemented, both on the EU and national levels, in a more flexible and party-oriented way, even though still preserving legal certainty. The author argues that Europeanisation contributes to innovation in administrative procedure law, with institutions such as alternative dispute resolution or one-stop-shops. In order to explore the potential drivers of and barriers to innovation, particularly in Eastern Europe, a survey and several structured interviews were carried out in Slovenia as a case study. Th e results reveal that the culture in the region is legalistically driven and thus hinders innovation, even that which has already been introduced in the law. Consequently, a key obstacle to be addressed in future measures is the mind-set in public administration rather than a pure legal change.

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Suurna, Margit, and Rainer Kattel. "Europeanization of innovation policy in Central and Eastern Europe." Science and Public Policy 37, no. 9 (November 1, 2010): 646–64. http://dx.doi.org/10.3152/030234210x12778118264459.

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Sever, Tina, Iztok Rakar, and Polonca Kovač. "Protecting Human Rights Through Fundamental Principles of Administrative Procedures in Eastern Europe." DANUBE: Law and Economics Review 5, no. 4 (February 2, 2015): 249–75. http://dx.doi.org/10.2478/danb-2014-0014.

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Abstract Administrative procedures (APs) are tools to protect fundamental human rights in statecitizen relations. As the modernization of public administration regulation is undergoing a transformation in the direction of reducing detailed rules on APs and, by the same token, emphasizing fundamental or general principles, research on the development and the state of the art of administrative principles in the general administrative procedure acts (APAs) of selected Eastern Europe countries with a common heritage of Austrian law dating back to 1925 (Slovenia, Croatia, Macedonia and the Czech Republic) was carried out. The normative-comparative analysis reveals differences in approaches to and the pace of APAs reform and content; some countries are taking a more radical approach, mainly by following good governance dimensions. Convergence based on Council of Europe and EU initiatives is also evident. Classical guarantees against the misuse of power (principles of legality, equality, proportionality, rights of defense, etc.) are therefore crucial. The most progress seems to have been made by Croatia and the Czech Republic; by focusing on partnerships in administrative-legal relations in the sense of good administration, these two countries have, among other things, set a trend for other countries to follow.

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Bird, R. M., and C. Wallich. "Local Finance and Economic Reform in Eastern Europe." Environment and Planning C: Government and Policy 12, no. 3 (September 1994): 263–76. http://dx.doi.org/10.1068/c120263.

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Extensive decentralization, both political and fiscal, is taking place in many of the countries newly emerging from behind the socialist veil. Decentralization represents both a reaction from below to the previously tight political control from the center and an attempt from above to further the privatization of the economy and to relieve the strained fiscal situation of the central government. Although there are of course many variations in this process from country to country, some important common elements arise from the similar institutional starting point in all countries and the common transitional problems most of them are facing. The on-going reforms of subnational finance in the transitional economies are more important than seems generally to be recognized. The design of a well-functioning intergovernmental fiscal system is key to many of the major reform goals of the transition economies—macroeconomic stability, privatization, and the social safety net.

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Yu, Hui-Fun, Kuo-Yan Wang, and Chun-Ying Shen. "Customer-Oriented Public Service in Township Administration: Enabling Quick Response." Lex localis - Journal of Local Self-Government 8, no. 4 (October 6, 2010): 343–51. http://dx.doi.org/10.4335/8.4.343-351(2010).

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The quality reliability and maintenance of a street lighting system are highly related to society, which reflect the administrative performance of a local government. However, the existing published studies seldom discuss the specific civil customer-oriented street lighting system, which is the key factor of both the local administration performance indicators and resident’s satisfaction. This study proposes a management conclusion based on an empirical electronic street lighting system (ESLS) and the 280 resident questionnaire surveys in Taiwan. The implication of the existing perspective on management concept is that electronic governance (e-governance) systems emerging in Eastern Europe are going to meet the needs of local governments in terms of the experience level of townships that practice e-governance in Taiwan. KEYWORDS: • electronic governance • e-governance • quick response • township office management • new public management • NPM

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HALLERBERG, MARK, and SAMI YLÄOUTINEN. "Political Power, Fiscal Institutions and Budgetary Outcomes in Central and Eastern Europe." Journal of Public Policy 30, no. 1 (February 25, 2010): 45–62. http://dx.doi.org/10.1017/s0143814x09990213.

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AbstractThis paper considers the effects of fiscal governance in Central and East European countries 1998–2008. The first part makes predictions about which form of fiscal governance fits which form of government. Under multi-party coalition governments, fiscal contracts where governments make political commitments to multi-annual fiscal plans work well. In countries where two political blocks face off against one another, delegation based around a strong finance ministry should be most effective. The second part examines electoral and party systems, which affect the form of government in place. The third part documents norms, rules, and institutions in place. The final section considers the joint effects of fiscal governance on fiscal outcomes. On balance, the underlying political climate is crucial for determining what types of fiscal norms, institutions, and rules function best. The more countries diverge from their expected form of fiscal governance, the greater the increase in a country's debt burden.

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Rose-Ackerman, Susan. "From Elections to Democracy in Central Europe: Public Participation and the Role of Civil Society." East European Politics and Societies: and Cultures 21, no. 1 (February 2007): 31–47. http://dx.doi.org/10.1177/0888325406297132.

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The new European Union member states in Eastern Europe do not have fully consolidated democracies. True, popularly elected legislatures are responsible for lawmaking, and citizens can challenge the case-by-case implementation of the law. But most statutes are not self-implementing. Before they can be put into effect, governments need to issue general regulations and guidelines that add specificity to the statutory scheme. At present, this type of government policy making often is not democratically accountable. Procedures inside government lack transparency and accountability, and organized civil society groups that are engaged in advocacy and oversight are few in number and often weakly institutionalized. The Central European experience has lessons for countries further to the east that are poorer and less democratic. Here, full-fledged public participation in the government rule making may not be feasible, but other aspects of the transition to democracy in Central Europe may provide relevant models—for instance, external pressure, government oversight institutions, and grassroots democracy.

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Kubielas, Stanislaw, and Igor Yegorov. "Strategic alliances and technology transfer in Central and Eastern Europe." Science and Public Policy 27, no. 4 (August 1, 2000): 265–73. http://dx.doi.org/10.3152/147154300781781940.

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Pickvance, C. G. "Decentralization and Democracy in Eastern Europe: A Sceptical Approach." Environment and Planning C: Government and Policy 15, no. 2 (June 1997): 129–42. http://dx.doi.org/10.1068/c150129.

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The author focuses on the link between local government decentralization and democracy in Eastern Europe. It is shown that decentralization is a multidimensional concept and that actual local government systems can be positioned differently on each dimension (functions, control, and finance) depending on the implicit model of local government. Formal and substantive definitions of democracy are distinguished and some conventional measures examined; it is concluded that decentralization and democracy do not necessarily go together. The degree of decentralization and implicit models of postsocialist local government in Eastern Europe are then outlined, with a focus on the contrast between Budapest and Moscow. The development of social movements in the two capitals is taken as an index of substantive democracy and is shown to be influenced not only by the extent of decentralization but also by other features of the local political context. This illustrates the earlier argument that the relation between decentralization and democracy is an empirically variable one rather than a necessary one.

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Hiah, Jing. "The client side of everyday corruption in Central and Eastern Europe: The case of Chinese migrant entrepreneurs in Romania." European Journal of Criminology 17, no. 6 (February 26, 2019): 877–95. http://dx.doi.org/10.1177/1477370819830296.

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This article provides an in-depth understanding of the corruption experiences of migrant entrepreneurs in transition economies. Drawing from ethnographic research, including 50 qualitative interviews with Chinese migrant entrepreneurs active in wholesale markets, non-governmental organizations, and supervisory agencies in Romania, this article demonstrates that normalization of corruption by migrant entrepreneurs should be understood in the historical context of the wholesale market as a product of post-1989 transition in Central and Eastern Europe. At a social-interactional level, normalization of corruption is revealed through how migrants use decriminalizing language to refer to corruption and perceive corruption as a survival strategy by public officials. Moreover, the legal and outsider status of migrants and their knowledge of the language, rules and laws further determine migrants’ position as clients of ‘on the spot’ corruption.

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Tosun, Jale, and Kai Schulze. "Compliance with EU biofuel targets in South-Eastern and Eastern Europe: Do interest groups matter?" Environment and Planning C: Government and Policy 33, no. 5 (September 21, 2015): 950–68. http://dx.doi.org/10.1177/0263774x15605923.

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Kowalski, Patryk, and Monika Bogucka-Felczak. "Financial sovereignty of autonomous territories in 20th century Central and Eastern Europe." Historia Constitucional, no. 23 (September 14, 2022): 294–323. http://dx.doi.org/10.17811/hc.v0i23.747.

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This article presents the results of comparative legal research concerning the scope of financial sovereignty granted to the autonomous territories of the 20th century Central and Eastern Europe (Silesian Voivodeship, Slovakia and Carpathian Ruthenia) by the Second Polish Republic (1918-1939), the First Czechoslovak Republic (1918-1938) and the Second Czecho-Slovak Republic (1938-1939). Research material includes: constitutional and public financial legal acts of the aforementioned countries for years 1918-1939, as well as English, Polish, Czech, Slovak and Ukrainian scientific publications in the field of legal, historical and economic sciences pertaining to this matter. The main research result is that the scope of financial power granted to the Silesian Voivodeship by the Second Polish Republic was much wider than in the other two autonomous territories. Moreover, Slovakia and Carpathian Ruthenia can be described as apparent autonomies. In fact they were “quasi self-government units”. Fecha de envío / Submission date: 28/04/2021Fecha de aceptación / Acceptance date: 18/06/2021

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Lutz, Colleen A. "Dispatch: A New Weekly Record of the U.S. State Department." American Journal of International Law 85, no. 2 (April 1991): 383–84. http://dx.doi.org/10.2307/2203076.

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Dispatch, a new weekly record of the U.S. Department of State, compiles major foreign policy speeches and congressional testimony by senior U.S. officials, as well as treaty actions and ambassadorial appointments.Every week, Dispatch publishes the most current information on U.S. foreign policy. In addition to speeches and congressional testimony, Dispatch carries policy summaries, fact sheets and feature articles, plus updates on events in the Middle East and on public and private sector assistance to Eastern and Central Europe.

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van Geenhuizen, M., and P. Nijkamp. "Potentials for East — West Integration: The Case of Foreign Direct Investment." Environment and Planning C: Government and Policy 16, no. 1 (February 1998): 105–20. http://dx.doi.org/10.1068/c160105.

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Reshaping the relationships between Western Europe and the former communist bloc is one of the most intriguing challenges for the coming years. Will Central and Eastern Europe become passive players in the European and world economy, or will companies located there become integrated as fully fledged partners? Foreign direct investment (FDI) is heavily concentrated in a few countries in Central and Eastern Europe. It is argued that the type of FDI is more important than the amount of FDI. There is a need for a critical assessment of the strategies of the investors and the impacts on local entrepreneurship. In this vein, the authors describe various interesting future research paths and make policy recommendations.

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van der Meer, Frits M., Caspar F. van den Berg, and Gerrit SA Dijkstra. "Rethinking the ‘Public Service Bargain’: the changing (legal) position of civil servants in Europe." International Review of Administrative Sciences 79, no. 1 (March 2013): 91–109. http://dx.doi.org/10.1177/0020852312467548.

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It can be argued that because of the rise of New Public Management and the growing dominance of labor law and HRM practices, the so-called ‘traditional’ public law formulation of the position of civil servants has come under pressure in a number of Western European countries in recent decades and have shaken the ‘bargain’ agreed between the political and administrative leaders since the Second World War. By contrast, in Central and Eastern Europe and Britain, new Weberian-type civil service legislation has been introduced. In this analysis, we examine both apparent opposites from a public sector bargains perspective and find that European countries are at a crossroads in their reflection on the ‘bargain’. Points for practitioners For practitioners in this field two considerations are important to note. The first is that while the discussion about the (legal) position of civil servants within their political-administrative system may seem to be a national debate, in essence it forms part of a more general debate that is conducted all across Europe. The second is that both theoretically and empirically, two dimensions of the bargain have to be distinguished, namely on the one hand the material labor conditions (pay, job protection, etc.) and on the other hand the values of bureaucracy (impartiality, integrity, loyalty, etc.). As our empirical analysis shows, these two dimensions have become increasingly independent from each other in the discussions and reforms in various countries over recent decades. In other words, managerial reforms in terms of material labor conditions have in practice been paired with the renewed emphasis on Weberian values of bureaucracy. Whether this decoupling is sustainable from a policy point of view in the long run (i.e. whether Weberian-style labor conditions are or are not conditional for high levels of Weberian values of bureaucracy), remains to be seen.

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Penina, Olga. "Cardiovascular mortality in Central and Eastern Europe: differences and similarities." Romanian Medical Journal 69, no. 2 (June 30, 2022): 50–56. http://dx.doi.org/10.37897/rmj.2022.2.2.

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Objective. To identify differences and similarities in trends and patterns of cardiovascular mortality in Central (Romania and Poland) and Eastern (Moldova and Ukraine) European countries before and after the political transition. Material and methods. The mortality series reconstructed according to ICD-10 since 1970 for Moldova, Ukraine and Poland and since 1980 for Romania were used. Directly standardized death rates by sex, age and detailed cardiovascular disease were computed. Results. After a long period of stagnation or rise, cardiovascular mortality started declining after 1991 in Poland, 1995 in Moldova, 1997 in Romania and 2005 in Ukraine. The progress in Romania and Poland was associated with both heart diseases and cerebrovascular diseases. In Moldova and Ukraine, the recent improvements were primarily related to cerebrovascular diseases. Compared to Central Europe, the quality of codification of heart diseases was found poor in Eastern Europe. Conclusions. The lack of effective control of mortality from heart diseases is the major public health problem in Moldova and in pre-war Ukraine. Romania and Poland follow very similar mortality patterns and trends, though with a certain time lag.

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Chubarova, Tatiana, Ivan Maly, and Juraj Nemec. "Public policy responses to the spread of COVID-19 as a potential factor determining health results: a comparative study of the Czech Republic, the Russian Federation, and the Slovak Republic." Central European Journal of Public Policy 14, no. 2 (November 27, 2020): 60–70. http://dx.doi.org/10.2478/cejpp-2020-0008.

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AbstractThe goal of this paper is to identify critical factors in success/failure of public policies focusing on fighting the spread of COVID-19 pandemic using a sample of three countries from Central and Eastern Europe with different results regarding COVID-19 morbidity and mortality rates, namely the Czech Republic, the Russian Federation, and the Slovak Republic. Based on comprehensive literature review, three independent variables were worked out: the scope/scale of public policy anti-pandemic interventions, the timing of public policy interventions, and the success of public policies in motivating compliance with anti-pandemic measures. Taking into account the similarity of measures introduced by national governments, the results suggest that the timing of public policy responses and success in motivating compliance may be critical factors in containing the pandemic.

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Czubocha, Krzysztof. "LEGALNOŚĆ ŁADU JAŁTAŃSKO-POCZDAMSKIEGO Z PUNKTU WIDZENIA PRAWA MIĘDZYNARODOWEGO PUBLICZNEGO." Zeszyty Prawnicze 11, no. 3 (December 20, 2016): 75. http://dx.doi.org/10.21697/zp.2011.11.3.05.

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THE LEGALITY OF THE YALTA AND POTSDAM LEGAL ORDER FROM THE POINT OF VIEW OF PUBLIC INTERNATIONAL LAW Summary The Yalta and Potsdam agreements of 1945 created the so-called “new peaceful order” in Europe. The agreements contained three sorts of provisions. The provisions concerning solely the Great Three were legal. The clauses referring to the WW II aggressors were legal as well. However, the provisions referring to third countries which were not aggressors were null and void. Smaller states were forced to confirm the decisions of the Great Three. The problem is that only an aggressor can be forced to sign a treaty. In other cases the use of force causes invalidity of the treaty. In consequence, the Axis powers were punished lawfully whereas Poland lost its eastern territories unlawfully. Finland and Romania were qualified as aggressors, but in fact the Soviet Union acquired their territories first in 1940 as a result of an aggression and the threat of force. Every attempt at opposing the will of the Great Three was quashed. For instance, Polish government-in-exile was deprived of its effectiveness as it opposed the clauses mandating the loss of Polish Eastern territories. The Great Three were in breach of law in case of several provisions. They were not able to fully adhere to international law as one of the aggressors (the Soviet Union) participated in the creation of the post-war legal order. Therefore, the justice was nor fully served as the Soviet Union was not punished for its aggressions of 1939-1940. The consequences of the partially unlawful decisions of the Great Three linger even today causing international tensions particularly in Central and Eastern Europe.

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CURT, Cynthia Carmen. ""Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court"." Transylvanian Review of Administrative Sciences, no. 65E (February 25, 2022): 48–63. http://dx.doi.org/10.24193/tras.65e.3.

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"During 2017-2019 Romania faced a controversial justice laws’ ‘reform’, undermining the rule of law and independence of justice principles, challenging the commitments established under Commission Decision 2006/928/EC in the areas of judicial reform and the fight against corruption. In the context of democratic backsliding in Central and Eastern Europe, Romanian evolutions could be seen as following a regional pattern. The study proposes a critical analysis of the most important legislative evolutions in the area of justice and fight against corruption in the region, as reflected by the Cooperation and Verification Mechanism for Romania (CVM) and Rule of Law Reports, European Court of Justice and European Court of Human Rights judgements. The analysis focuses on some controversial decisions of the Constitutional Court, concerning justice laws ‘reform’ and the application of primacy of EU law principle. The study expresses a strong concern related to Romanian Constitutional Court’s tendencies to walk along the authoritarian path of politically captured courts of Poland and Hungary. The conclusions reveal the requirement for new political instruments of EU supranational intervention to safeguard democratic EU core values."

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Cox, R. H. "Creating Welfare States in Czechoslovakia and Hungary: Why Policymakers Borrow Ideas from the West." Environment and Planning C: Government and Policy 11, no. 3 (September 1993): 349–64. http://dx.doi.org/10.1068/c110349.

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Political change in Eastern Europe meant that a policy reform was soon to follow. The initial expectation was that reform would stem from efforts to emulate the Western democratic countries, and that policymakers in Eastern Europe would borrow from the West. In this study it was found that in Czechoslovakia policymakers were attempting to borrow policies primarily from Britain and Sweden, whereas in Hungary the primary models were Germany and Austria. An explanation for this difference is that historical similarities in social-policy development structured the choice of countries, suggesting that historical trends have persisted despite the long period of Communist rule.

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Radosevic, Slavo, and Benedetto Lepori. "Public research funding systems in central and eastern Europe: between excellence and relevance: introduction to special section." Science and Public Policy 36, no. 9 (November 1, 2009): 659–66. http://dx.doi.org/10.3152/030234209x475236.

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Struyk, Raymond J. "Delivering Technical Assistance in Eastern Europe and Russia: lessons from the field." Policy & Politics 22, no. 3 (July 1, 1994): 203–10. http://dx.doi.org/10.1332/030557394782453645.

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Havlík, Vlastimil. "Economy and political distrust: Explaining public anti-partyism in the Czech Republic." Human Affairs 30, no. 1 (January 28, 2020): 72–85. http://dx.doi.org/10.1515/humaff-2020-0007.

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AbstractThere is little doubt in the current comparative politics literature about the importance of political parties in modern democracies, nor is there any doubt about the centrality of political parties in the democratic transitions in Central and Eastern Europe after the fall of communism. This holds true for the Czech Republic as well. However, the three most recent general elections in the Czech Republic have shaken the country. Electoral earthquakes are becoming common in the region, and it seems that the Czech Republic is being affected by what has been described in the literature as the decline of political parties. The main aim of the article is to explore sources of public anti-party sentiment in the Czech Republic. The analysis of data from a public opinion survey shows that public anti-partyism can be explained by a perceived lack of political representation that stems from both economic conditions and a feeling of low political efficacy.

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Zsamboki, K., and M. Bell. "Local Self-Government in Central and Eastern Europe: Decentralization or Deconcentration?" Environment and Planning C: Government and Policy 15, no. 2 (June 1997): 177–86. http://dx.doi.org/10.1068/c150177.

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The development of autonomous local self-governments is a critical, albeit often over-looked, element of the long-term transition to democracy in Central and Eastern Europe and the newly independent states of the former Soviet Union. All countries in the region have taken clear steps to pass legislation creating new local government institutions. Such institutional reform is necessary, but not sufficient, for the development of autonomous local self-government. In this paper we present several fundamental criteria which must be satisfied in order to establish and nurture autonomous local self-government. We test these criteria against institutional reforms in Central and Eastern Europe and the newly independent states to gauge the extent to which there has been actual devolution of governmental responsibility from central to local governments. We conclude that, although some individual strands of these fundamental reforms may have received some attention in the current transition process, such attention is more ad hoc than strategic. As a result, the goal of creating autonomous local self-governments has not been achieved. Donor nations and reform elements in each country must think strategically about all dimensions of this local government transition if these changes are to be institutionalized and the transition is to be successful in the long term.

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Cseres, Katalin J. "Harmonising Private Enforcement of Competition Law in Central and Eastern Europe: The Effectiveness of Legal Transplants Through Consumer Collective Actions." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 33–59. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.2.

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The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or consumers cannot apply existing rules or are unwilling to do so, then both their right to an effective remedy and the public policy goal of private enforcement remain futile. Analyzing collective compensatory actions in CEE countries (CEECs) places the harmonization process in a broader governance framework, created during their EU accession, characterized by top-down law-making and strong EU conditionality. Analyzing collective consumer actions through this ‘Europeanization’ process, and the phenomenon of vertical legal transplants, raises major questions about the effectiveness of legal transplants vis-à-vis homegrown domestic law-making processes. It also poses the question how such legal rules may depend and interact with market, constitutional and institutional reforms.

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van Biezen, Ingrid, and Helen Wallace. "Old and New Oppositions in Contemporary Europe." Government and Opposition 48, no. 3 (June 5, 2013): 289–313. http://dx.doi.org/10.1017/gov.2013.11.

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Unity and peace in Europe, freedom and democracy in Eastern Europe: Government and Opposition's founding editor Ghiţă Ionescu – the centenary of whose birth this special issue commemorates – might have been contented to see that two of his main ideals have now by and large been realized. At the same time, in contemporary Europe we can observe a huge variety of forms of opposition to the conventional holders of power, who appear to have been unable to respond successfully to new and pressing societal and economic challenges. The old convictions that once characterized politics in the European liberal democracies are gradually eroding, while the volatile and fragmented polities of the new post-communist democracies in the East are only adding to the increased uncertainties. The ongoing financial and economic crises have exacerbated many of the existing tensions, between new and old generations, between groups with levels of educational attainment, and between the domestic and supra-national levels. European democracies in the twenty-first century are thus having to contend with various challenges that are aimed, directly or indirectly, at the core of the political system, including the populist disregard for some of the fundamental values of liberal democracy and the rule of law, the variety of anti-establishment parties and movements challenging the democratic legitimacy of a discredited financial and political class, and the unclear outcomes of further European integration. Taken together, the contributions to this special issue suggest, these developments may cast a different light on our empirical and normative understanding of the European models of liberal democracy and the welfare state

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Ocolișanu, Andreea, Gabriela Dobrotă, and Dan Dobrotă. "The Effects of Public Investment on Sustainable Economic Growth: Empirical Evidence from Emerging Countries in Central and Eastern Europe." Sustainability 14, no. 14 (July 16, 2022): 8721. http://dx.doi.org/10.3390/su14148721.

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The relationship between sustainable growth and public investment, considered one of the key factors, is a topic of interest in the context of globally adopted sustainable development strategies and current budgetary constraints, especially in the case of tight budgets in developing countries, which constrain public investment more than current expenditure, for political or other reasons. Although there are endogenous growth patterns that incorporate public spending as a factor that promotes growth, the findings in the empirical literature provide contradictory results. The study is an empirical investigation into the effects of public investment on sustainable economic growth in emerging EU and Central European countries. For the period 1995–2019, the research shows that, in most of the countries included in the sample, the long-term impact of a public capital shock on GDP is estimated to be negative. The analysis of the effect of public investment on sustainable economic growth was performed by applying the VAR model and impulse response functions, the results being confirmed by estimating the accumulated multiplier to obtain the GDP response to a shock equal to a standard deviation of public capital.

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Journal articles on the topic 'Public law – Europe, Eastern'

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