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Pracodawca jako strona w postępowaniu w sprawach z zakresu prawa pracy

Author(s): Krzysztof W. Baran / Language(s): Polish Issue: 3/2015

The aim of this paper is to analyze the employer as a party to an employment court case. According to the Polish legal system status of such a party can have not only a commercial entity (e.g. a company) but also a public authority’s entity. To exemplify this problem should be pointed out not only administrative authorities but also police and customs ones. Entities employing volunteers possess the status of an employer as a party to a labor court case too.

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Skutek intertemporalny nowelizacji ustawy z dnia 26 czerwca 2009 r. o zmianie ustawy o księgach wieczystych i hipotece oraz niektórych innych ustaw

Author(s): Paweł Czechowski / Language(s): Polish Issue: 1/2017

The article presents the problem of the intertemporal effect of the amendment of the Act of 26 June 2009 on the amendment of the law on land registers and mortgage and certain other acts. The introduced intertemporal regulations directly indicate that since the date of entry into force of the Act (Art. 14), i.e. 20 February 2011, there exist three varying legal systems concerning land registers. Entering into force of the above-mentioned amendment, i.e. the Act of 26 June 2009, is fundamental from the point of view of the application of both existing regulations and new ones, especially those concerning the contractual mortgage – both ordinary and capped. The date of 20 February 2011 constitutes a significant caesura which is used for determining whether the existing regulations or the new ones are applied.

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Zgoda Prezesa Agencji Nieruchomości Rolnych jako przesłanka nabycia nieruchomości rolnych

Author(s): Elżbieta Kremer / Language(s): Polish Issue: 1/2017

In view of more stringent restrictions on the acquisition of agricultural property, including the basic principle according to which the purchaser of agricultural property can only be an individual farmer and legally binding exceptions to that rule have a very limited scope, the possibility of acquiring the agricultural property with the permission of the Agency’s President in many cases is the only viable way. Therefore, the stringency of the accepted solutions concerning the acquisition of agricultural property was, at the same time, the reason for introducing the solution which would mitigate this stringency. However, the particular solutions concerning the permission of the Agency’s President to acquire agricultural property may raise a number of doubts. They concern, in particular, statutory prerequisites for obtaining such permission.

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ПОРЕКЛО ЗАБЛУДЕ О СВРСИ ВАЛУТНЕ КЛАУЗУЛЕ

Author(s): Boris Begović,Nikola Ilić / Language(s): Serbian Issue: 2/2017

The paper identifies a widespread misapprehension concerning the purpose of the foreign currency clause and analyses the various possible reasons behind that misapprehension. The omnipresent dilemmas in domestic legal theory regarding the legal principle of monetary nominalism and valoristic doctrine are deliberated in the first part of the paper. The second part deals with the wider macroeconomic context in which the legislator enabled contractual arrangements containing foreign currency clauses, thus providing a comprehensive explanation as to the origins of factual errors, and thereby misinterpretation and misunderstanding of the law.

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POTENTIALS AND STRUCTURE OF FISCAL DEVALUATION IN SERBIA

Author(s): Miloš Marković,Mihajlo Babin / Language(s): English Issue: 3/2015

Fiscal devaluation is a set of synchronized policy measures with the aim to stimulate economic growth and improve economy competitiveness by simultaneous decrease of gross labor costs and increase of tax burden on consumption. The precondition for successful fiscal devaluation is to comply with principle of fiscal neutrality. Fiscal devaluation could enhance competitiveness of the economy and contribute to improved trade balance. Implementation of fiscal devaluation might be beneficial to both, countries which belong to a currency union and countries with a high level of public debt denominated in foreign currency. Comparative analysis provided potential short and long term effects of fiscal devaluations and enabled assessment of structure of fiscal devaluation in Serbia. This article provides a framework for forthcoming debates on applicability of fiscal devaluation in Serbia and includes the potential structure of fiscal devaluation.

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О ЕКОНОМСКОЈ НЕЈЕДНАКОСТИ И ДРУШТВЕНОМ БЛАГОСТАЊУ

Author(s): Boris Begović / Language(s): Serbian Issue: 1/2015

The aim of the paper is to explore the relations between economic inequality and social welfare staring from the assumption that causality goes from economic inequality to social welfare. Standard methodological framework of economic science was enhanced with interpersonal function of individual welfare so the effects of economic inequality of the level of social welfare can be considered. It was demonstrated that there is no unequivocal theoretical conclusion and that differences in the preferences among people should be empirical considered for more insights. The analysis of the consequences of economic inequality to economic growth, i.e. dynamics of social welfare, demonstrated that there are numerous mechanisms of causality with the countervailing effects. The most important mechanism by which inequality speeds-up economic growth is based on the increased saving and invents rates, and the most important mechanism by which it slows-down growth is based on decreasing investments in human capital. Accordingly, there is no unequivocal theoretical conclusion also in this case. Nonetheless, modern growth theory has demonstrated that that the most dangerous economic growth is inequality of the treatment of economic agents, i.e. discrimination and exclusion, as that kind of inequality creates substantial allocative inefficiency.

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ПРИЛОГ АНАТОМИЈИ САВРЕМЕНЕ КРИЗЕ

Author(s): Božo Stojanović / Language(s): Serbian Issue: 137/2011

Review of: "Svetska finansijska kriza – izazovi i strategija", editor: Oskar Kovač; Serbian Society of Science, Belgrade 2011 by: Božo Stojanović

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СОЦИЈАЛНА ПЕНЗИЈА ИЛИ ПОВЕЋАНА СОЦИЈАЛНА ПОМОЋ

Author(s): Velizar Golubović / Language(s): Serbian Issue: 134/2011

This paper analyzes the needs and possibilities of establishing the social pension, under conditions of the existence of social assistance – a form of general social allowance. The basic parameters of the social pension are analyzed, and a short description is given regarding its treatment in the comparative law of the EU countries. The conclusion is that the social pension, as a particular benefit of the Serbian social security system, is justified only if it is more favorable than the financial security benefit provided by the general social security allowance. Having in mind the large pension system deficit, the preference for increased social assistance for persons unable to work is seen as being more acceptable in providing for their minimum existence.

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RYNEK PRACY A MIGRACJE ZAROBKOWE W OBRĘBIE UNII EUROPEJSKIEJ – wybrane zagadnienia

Author(s): Karolina Olak,Antoni Olak / Language(s): Polish Issue: 1/2017

The issue of migration is a growing phenomenon. It has its source in the mun-dane social causes , but also working conditions, personal but also political circumstances,. After joining the European Union and the Schengen area new labor markets were opened for Poles. This raises many opportunities, but also challenges and threats for emigrants and citizens of the countries to which they go. Trends in the world and in Europe represent the majority of seasonal or time trips. Poland is also becoming an increasingly attractive country for paid work, especially for people from beyond the eastern border. Migration is an important aspect of European integration, which has a huge impact on economic development, primarily reflected in the labor market.

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СРПСКО-БУГАРСКО ЕКОНОМСКО ЗБЛИЖЕЊЕ

Author(s): Jovan Lončarić / Language(s): Serbian Issue: 133/2010

Крајем октобра организован је у Софији српско-бугарски одбор за културно и економско зближење Србије и Бугарске. Идеја о српско-бу- гарском зближењу није нова. Нов је сада само начин, на који се мисли да се то зближење оствари. Док су раније на томе зближењу радили зва- нични представници обеју држава, дотле данас тај посао предузима јед- на приватна институција. По себи се разуме, да је и данас крајњи циљ рада те институције то, да се званична Србија и Бугарска споразумеју на привредном пољу; али сада та институција узима на себе и ту тешку и незахвалну улогу, да припреми све што треба, како би званична акција била што успешнија.

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ЕКСТЕРНА ДИМЕНЗИЈА СЕКУНДАРНОГ ПРАВА ЕВРОПСКЕ УНИЈЕ О ДИРЕКТНИМ ПОРЕЗИМА

Author(s): Dejan Popović,Gordana Ilić-Popov / Language(s): Serbian Issue: 1/2012

Only one of the four freedoms that represent the core of European Union economic and social policy has an external dimension, and that is free movement of capital. The EU law is predominantly contained in the Union’s secondary legislation (regulations, directives, decisions, recommendations and opinions), and not in the primary sources of law (TEU and TFEU). Both primary and secondary sources of the EU law may have direct effect. The main focus of this paper is the impact of the EU directives on direct taxation on third countries (i.e. non-member states). This impact is conditional on the existence of a special agreement between the EU and the country in question. However, directives have to be implemented in the member states, thus becoming part of their respective national legislation. It is ECJ’s position that the national courts, taking into consideration both the purpose of the national law and the facts of the case, should decide if the principle of free movement of capital is directly applicable and, if it is, to bar a differential treatment which derives from the law. The justification for an unequal treatment is frequently found in the differences in the degree of integration that exist among the member states, on the one hand, and between them and a third country, on the other. The authors also analyze legislation relating to permanent establishments when a third country is involved.

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КЛАСТЕРСКИ ПРИСТУП УНАПРЕЂЕЊУ КОНКУРЕНТНОСТИ СТОЧАРСКЕ ПРОИЗВОДЊЕ У РЕПУБЛИЦИ СРБИЈИ

Author(s): Vesna Peraušić,Drago Cvijanović,Vladana Hamović / Language(s): Serbian Issue: 130/2010

Clusters are basic postulate for achieve competitiveness in livestock production in Serbia, for increase export of meat and for subsisted farmers in small agricultural holding, especially in environment of: 1) lack of competitiveness considerations; 2) insufficient public support for livestock production; 3) more liberal agricultural trade with EU; 4) significant demand for baby beef in world market. In the same time, with financial and institutional support of government and public sector, clusters in livestock production has a huge strength for employ people, utilised natural resources and realization of projection aim of agrarian policy in this production.

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ЕКОНОМСКА ПОЛИТИКА И ПРИВРЕДНИ РАЗВОЈ

Author(s): Stevan Devetaković / Language(s): Serbian Issue: 127/2009

Review of: Thematic Collective Work (2008). Belgrade: Economic Faculty Publishing Center

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EVOLUTION THROUGH RESCUE – A LEGAL PERSPECTIVE ON MECHANISMS APPLIED IN RESCUING THE EUROPEAN MONETARY UNION

Author(s): Maja Lukić / Language(s): English Issue: 3/2013

The mechanisms applied in rescuing the European Monetary Union since the outbreak of the sovereign debt crisis vary significantly in terms of size of funds, dynamics of application, time horizon for expected effects, etc. A legal perspective on these mechanisms reveals a wide variety of instruments and approaches. The paper suggests the approach which assesses whether the balancing between levels of solidarity and conditionality of assistance on commitment to integration inherent to each of these mechanisms was more important for their development, or the key factor for the design and application of those mechanisms remained the focus on common interests of EMU as a whole.

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Social Expectations Concerning Free Trade Agreements

Author(s): Joanna Działo,Bogna Gawrońska-Nowak,Jarosław Jura / Language(s): English Issue: 3/2017

The paper reflects the problem of Free Trade Agreements (FTA) that recently have raised enormous public discussion focused on environmental protection, food quality, job security, and citizen rights. The main focus of our study is to identify and confront the social perception concerning the FTA with the so-called “expert knowledge.” This may contribute both to better understanding of the controversies on the FTA and to proper indicating the possible sources of social conflicts. The results obtained seem to prove the main hypothesis that the mismatch between social perception and expert knowledge on the FTA does exist. What is more, it is mainly based on emotional not rational basis, which neglects rationale based communication channel between policy makers and society.

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THE SECURITY COUNCIL`S TARGETED SANCTIONS IN THE LIGHT OF RECENT DEVELOPMENTS OCCURRING IN THE EU CONTEXT

Author(s): Maja Lukić / Language(s): English Issue: 3/2009

The shift from economic sanctions against whole nations to sanctions targeted at individuals brought a new dimension to the focus of international law: the contradiction between (procedural) standards of human rights protection and the authority of the UN Security Council acting pursuant to the UN Charter Chapter VII. The encounter of the UNSC targeted sanctions with the EU and ECHR system of human rights protection, as articulated in recent ECJ decisions, not only affirms the EU as a gradually appearing sovereign legal system with strong human rights safeguards, but also clarifies the authority of the UNSC with respect to maintaining peace and security in the world.

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CAPITAL INVESTMENTS AND THE SOVEREIGN PREROGATIVE: A DEFENSE OF INVESTOR-STATE ARBITRATION AGREEMENTS IN INTERNATIONAL COMMERCE

Author(s): Jason Crook / Language(s): English Issue: 3/2009

Since the establishment of a more globalized capital market in the late Nineteenth and early Twentieth Centuries, opportunities for private investment in developing nations have spurred a number of successful partnerships between foreign investors and host states seeking capital improvements. A challenge emerges at international law, however, in adjudicating the interests of foreign investors who have witnessed the expropriation of their investments by host states which either lack longstanding protections for private property rights or, alternatively, the political will to enforce existing investment guarantees. In light of the absence of an effective international legal regime designed to ensure that the claims of foreign investors have the chance to be fairly considered in an impartial setting, this article advocates for the expansion of the investor-state arbitration process as the most suitable means for settling disputes between private investors and the host governments which have allegedly expropriated their investments.

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УСТАВ РЕПУБЛИКЕ СРБИЈЕ ИЗ 2006 – КРИТИЧКИ ПОГЛЕД

Author(s): Ratko Marković / Language(s): Serbian Issue: 2/2006

Although the new Constitution was in the making in Serbia for quite some time, draft of the Constitution, which has finally made its way into the final version, has been assembled unexpectedly and in a hurry, while the procedure of adoption has been accelerated to the utmost extent. Formally, there were no infractions of the amending procedure provided for in 1990 Constitution, but it is hard to ignore objection that the new Constitution is a result of horsetrading between three main political parties, while the wider political and entire professional community has been sidelined. There were two main reasons for this speed. One was to preempt a possible negative decision of the UN Security Council with regard to the status of Kosovo, currently under international civil and military administration, through including in the Constitution a provision which states that Kosovo ‘is a part of sovereign state of Serbia’. Since the Constitution has to be affirmed at the referendum, and this has to be done by majority of all Serbian voters, this position would be backed by the highest possible degree of legitimacy. Second reason for this ‘blitz’ adoption was to provide Serbia with a proper Constitution which would reflect its new ‘status’ after Montenegro left the state union Serbia and Montenegro. It seems that this dissolution has not been expected.

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SAĞLIK HARCAMALARI VE EKONOMİK BÜYÜME İLİŞKİSİ: AVRASYA ÜLKELERİ ÖRNEĞİ

Author(s): Sıtkıcan Saraçoğlu,Mehmet Songur / Language(s): Turkish Issue: 16/2017

An increase in health expenditures positively affects of economic growth by increasing lifetime, life expectancy and quality of life of individuals. From this point of view, in this paper the relationship between health expenditures per capita and GDP per capita in 10 Eurasian countries (including Turkey) during 1995-2014 period was investigated. Firstly, Pesaran et al. (2008) cross-section dependency test was applied. After that, Hadri & Kurozumi (2012) Panel Unit Root Test, Westerlund & Edgerton (2007) Panel Cointegration Test and Dumitrescu & Hurlin (2012) Panel Causality Test were applied. The results indicate that there exists bidirectional causality between per capita health expenditures and per capita GDP..

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Refugees’ Crisis – A New Challenge for the European Union Economy

Author(s): Romeo-Victor Ionescu / Language(s): English Issue: 1/2016

The paper deals with the idea of analysing the impact of the refugees’ crisis on Cohesion Policy. In order to do this, the analysis is focused on three representative indicators: GDP growth rate, inflation rate and unemployment rate. The analysis approach is built on four levels: comparative analysis, regression in order to highlight the economic disparities, cluster analysis and forecasting procedures in order to quantify the economic evolution until 2020. According to the analysis in the paper, EU is not in the best economic position to finance the refugees’ crisis costs. Moreover, some Member States face to low economic development and support the idea of an EU with at least two economic development speeds. Germany will achieve the greatest advantages from this new crisis, while the less developed Member States will become net financial donors. The analysis and the conclusions in the paper are supported by the latest official statistical data and pertinent diagrams. The main conclusion of the paper is that EU will not be able to achieve its economic targets as a result of this new crisis.

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