Suchergebnisse

Welche Grenzen hat die Übertragung von Entscheidungskompetenzen seitens der EU auf europäische Agenturen oder Behörden? Diese Problematik beleuchtet der Autor am Beispiel der sogenannten REACH-Verordnung (EG) Nr. 1907/2006 unter Heranziehung der Meroni-Rechtsprechung des EuGH. In der deutschen Fachliteratur werden die Grenzen einer solchen Kompetenzübertragung im besten Falle als gegeben vorausgesetzt und im schlechtesten Falle völlig übergangen. Wo in den Mitgliedsstaaten das Prinzip der Gewaltenteilung Geltung entfaltet, hat der EuGH für die EU in seinen Meroni-Urteilen aus dem Jahre 1958 das Prinzip des Institutionellen Gleichgewichts entwickelt. Die Spielräume und Grenzen der Übertragung von Entscheidungsbefugnissen folgen unmittelbar aus diesem Prinzip. Der Autor schlägt auf dieser Grundlage am Beispiel der Europäischen Chemikalienagentur eine Reform der Entscheidungsbefugnisse europäischer Agenturen vor und entwickelt hierzu ein Entscheidungsmodell

In its Annual Report 2003/2004, the German Council of Economic Experts launched a dual income tax as an option for a fundamental tax reform in Germany. In February 2005, the German government appointed the Council to prepare a detailed report on economic effects of a business tax reform, with special emphasis on a dual income tax. With regard to the latter, conceptual problems of tax law and of tax administration were to be addressed as well as possible transitional problems when implementing a dual income tax. This book presents an English version of the original report completed in April 2006.

In this paper we leverage a labour market reform (Fornero Law) which reduced firing restrictions for open-ended contracts in the case of firms with more than 15 employees in Italy. The results from a Difference in Regression Discontinuities design demonstrate that after the reform, the number of trained workers increased in firms just above the threshold by approximately 1.5 additional workers. We show that this effect can be explained by the reduction in worker turnover and a higher use of permanent contracts. Our study highlights the potentially adverse effects of employment protection legislation on training in dual labour markets.

In this paper we leverage a labour market reform (Fornero Law) which reduced firing restrictions for open-ended contracts in the case of firms with more than 15 employees in Italy. The results from a Difference in Regression Discontinuities design demonstrate that after the reform, the number of trained workers increased in firms just above the threshold by approximately 1.5 additional workers. We show that this effect can be explained by the reduction in worker turnover and a higher use of permanent contracts. Our study highlights the potentially adverse effects of employment protection legislation on training in dual labour markets.

In this article we present the main lineaments for a reform of the business corporation introducing the purpose of the firm. In France, a report commissioned by the government recommends that two new concepts should be introduced in law: the raison d'être of the firm and "purpose-driven enterprises." This reform partly originated in a research program carried out in France after 2009. The legal articulation of a so-called "purpose-driven enterprise" has now taken off, first in the US and now in France and elsewhere. It paves the way to introducing sustainability issues and new valuations processes in corporate governance.

The political reforms that emerged in 1998 brought a new round of the democratic life in Indonesia, including on aspects of bu- reaucracy. Political reform demands the birth of the professional bureaucracy and free of pragmatism and political co-option by the authorities as it did in the New Order regime. The challenge to build a bureaucracy that is neutral and free from political coopta- tion getting stronger after the advent of Law No. 34 Year 2004 on the Principles of Local Government which stipulates that the local elections conducted directly.

The Integrated Budget Law (IBL) of 2011 has helped launch national reform toward greater decentralization, with significant implications for education and health service delivery. Building on lessons from previous phases of fiscal reform, the IBL grants new "decision space" to sub-national officials, increasing the degree of autonomy that lower levels of government, schools, and health care facilities have in delivering services. It provides local officials with significantly more discretion in how they spend education and health funds from the central government, which previously were subject to strict line item budgeting.

Emergency legislation and labor reform in Spain(2011-2012) Spanish Labor Law is going through a phase of continuous and disordered reforms, most of them made through approved rules by the Government invoking raisons of urgency. Here are explained six recent andrelevant Royal Decrees-Laws approved between 2010 and 2012 ; El Derecho del Trabajo español está atravesando una etapa de continuas y desordenadas reformas, la mayoría de ellas realizadas a través de normas aprobadas por el Gobierno invocando razones de urgencia. Aquí se da cuenta de seis reales decretos leyes recientes y relevantes aprobados entre2010 y 2012.

Analysis of the results of the 3rd session of the 6th National People's Congress (NPC) held in Peking between March 27 and April 10, 1985. The joint declaration of the PRC and UK governments on Hongkong endorsed by the session. Premier Zhao Ziyangs report to the NPC on the current economic situation and the economic reform. The difficulties involved in implementing the reform in the cities focussed by the session. Criticisms of various harmful trends attending the economic refom and the "open door" policy at the NPC session. Its endorsement of the Inheritance Law. (DÜI-Sen)

"With a biographical sketch by Gen. Francis Vinton Greene." ; --American ideals. True Americanism. The manly virtues and practical politics. The college graduate and public life. Phases of state legislation. Machine politics in New York City. Six years of civil-service reform. Administering the New York police force.--The vice-presidency and the campaign of 1896. How not to help our poorer brother. The Monroe doctrine. Washington's forgotten maxim. National life and character. "Social evolution." The law of civilization and decay. Reform through social work. ; Photocopy ; Mode of access: Internet.

The greater part of the essays appeared originally as magazine articles. ; At head of title: Presidential edition. ; American ideals.--True Americanism.--The manly virtues and practical politics.--The college graduate and public life.--Phases of state legislation.--Machine politics in New York city.--Six years of civil service reform.--Administering the New York police force.--The vice-presidency and the campaign of 1896.--How not to help our poorer brother.--The Monroe doctrine.--Washington's forgotten maxim.--National life and character.--Social evolution.--The law of civilization and decay.--Reform through social work. ; Mode of access: Internet.

After the Civil War, the South faced a problem that was almost entirely new in the United States: a racially diverse and geographically integrated citizenry. In one fell swoop with emancipation, millions of former slaves were now citizens. The old system of plantation localism, built largely on the feudal control of the black population by wealthy white planters, was no longer viable. The urgent question facing both those who sought to reform and those who sought to preserve the "Old South" was: What should local government look like after emancipation? This Article tells the story of the struggle over the answer to that question. At the center of that struggle is an untold legal history of local government reform during Reconstruction. In the years immediately after the Civil War, idealistic Yankee reformers went south with the explicit aim of remaking the "fabric of southern culture" by rebuilding the South in the image of their northern homes. Specifically, in North Carolina, Virginia, and South Carolina, these reformers rewrote state constitutions to replace the plantation and county court with townships modeled on the New England town. Southern conservatives resisted the new townships, understanding them as foreign impositions targeted to destroy their old way of life. Within a decade they had dismantled the new townships and built the foundations of a new Jim Crow local order rooted in the county and approximating a return to the plantation. By telling this new history, this Article contributes to present scholarship in at least two ways. First, the story highlights a binary struggle between "communitarian" localism embodied in the civic participation of the New England town and '"oroprietary" localism embodied in the private power of the plantation owner. This struggle was framed with crystal clarity during Reconstruction, but it remains a powerful analytic tool for understanding today's debates and struggles over local government. Second and relatedly, this history reveals the extent to which racial ...

Using legislative histories the article shows how the incidence of taxation began to fall more heavily on women in the context of divorce as women's social and political status rose during World War II and that this trend continued through several sets of divorce tax reform.

In its judgement in the case of Austria v. Germany, the Court of Justice of the EU found the new German motorway financing scheme to be in breach of EU law, namely Articles 18, 34, 56 and 92 TFEU. This decision is noteworthy in several regards. It is a snub for the Commission, which had previously decided to terminate its infringement procedure against Germany. It provides guidance for Member States wishing to reform some of their tax arrangements according to the 'user pays' and 'polluter pays' principles. Finally, it raises interesting questions regarding the application of Article 34 TFEU to fiscal measures.