rss_2.0DANUBE FeedSciendo RSS Feed for DANUBEhttps://sciendo.com/journal/DANBhttps://www.sciendo.comDANUBE 's Coverhttps://sciendo-parsed-data-feed.s3.eu-central-1.amazonaws.com/6008d58465bc035eda944620/cover-image.jpg?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20211028T071950Z&X-Amz-SignedHeaders=host&X-Amz-Expires=604800&X-Amz-Credential=AKIA6AP2G7AKDOZOEZ7H%2F20211028%2Feu-central-1%2Fs3%2Faws4_request&X-Amz-Signature=1795127e9d953e808237c439815d711727c87b761a6ef56e3cf57cab38e9cd74200300Homo Economicus in the Shortage Economyhttps://sciendo.com/article/10.2478/danb-2018-0013<abstract><title style='display:none'>Abstract</title><p>Rational agents react to incentives in the market economy as well as in the centrally planned economy. Economic laws are persistent regardless of the economic system. The legislative system changes the outcome of the game between economic agents and managers. The aim of this paper is to show how rational agents reacted to legislative incentives in the Soviet-type economy in Czechoslovakia in the 1970s and 1980s, that is, how they reacted to the general shortage in the centrally planned economy. Based on the original survey among former managers as well as on the legislative sources from the 1970s and 1980s, a taxonomy was made of economic reactions to the shortage economy. This survey was possibly the last chance to map the experiences of socialist managers who tried to run companies in the centrally planned economy. We distinguish plan manipulation in order to ensure payment bonuses; bribery in order to obtain short-supplied inputs and the creation of reserves for the purpose of fulfilling the plan. It was shown that, if the rational agent wanted to obey the higher law, he was forced to ignore lower legislation.</p></abstract>ARTICLE2019-01-26T00:00:00.000+00:00Potentials of Administrative Procedures as a Participatory Tool within Governance Models in Central and Eastern Europehttps://sciendo.com/article/10.2478/danb-2018-0014<abstract><title style='display:none'>Abstract</title><p>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 <italic>Rechtsstaat</italic> 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.</p></abstract>ARTICLE2019-01-26T00:00:00.000+00:00Global Competitiveness of Europe: A Robust Assessmenthttps://sciendo.com/article/10.2478/danb-2018-0015<abstract><title style='display:none'>Abstract</title><p>National (global) competitiveness became the central issue during the global crisis. Using the values of the three main subdimensions of the Global Competitiveness Index, we propose alternative DEA-based competitiveness indicators. In our approach, the index is nested in the more general measure of the competitiveness-given-performance indicator. We find that globally competitive European countries do not transform competitiveness into income per capita efficiently. Decomposition of the scores suggests that most of the relative inefficiency concentrates in innovation activity. The results proved robust against the CCR model used in previous research as well as principal component analysis.</p></abstract>ARTICLE2019-01-26T00:00:00.000+00:00Preliminary Ruling of the ECJ and the Akcenta Casehttps://sciendo.com/article/10.2478/danb-2018-0016<abstract><title style='display:none'>Abstract</title><p>The article analyses the significance of the ECJ preliminary ruling on competition law. Starting with the general characteristic of the preliminary ruling of the Court of Justice, its legal regulation in TFEU and its effects, it focuses on the concrete judgement of the Court (Tenth Chamber) of 7 February 2013 in Case C-68/12 at the request of the Supreme Court of the Slovak Republic. It explains the preliminary questions and the background of the competition case that was the incentive for them. It describes the quite complicated cartel agreement of the three banks concerned and the impact of the ECJ preliminary ruling on the judgements/decisions of the case.</p></abstract>ARTICLE2019-01-26T00:00:00.000+00:00The Legal-Theoretical Terms of Citizen Participation in the Administration of Public Affairs in the Slovak Republichttps://sciendo.com/article/10.2478/danb-2018-0010<abstract><title style='display:none'>Abstract</title><p>The level of development of every country is reflected in constitutional regulation and consequent laws that regulate citizens’ rights to participate in the administration of public affairs. The Constitution of the Slovak Republic and related constitutional laws establish the democratic and constitutional basis of the legal state of the Slovak Republic. The establishment of the Slovak Republic in 1993 required reformulating and enacting all rights and symbols of the state. The principle <italic>“the state’s power derives from the citizens”</italic> is embedded in the Constitution. However, doubts are currently being raised as to whether the citizens participate in the administration of public affairs in the estimated range and in the appropriate manner as it is embedded in the Constitution of the Slovak Republic. The scope of the article is extensive, due to the character of the selected problems. This also affected the main goal of the article. Since the aim is considerably large, it was necessary to define several partial objectives. At the same time, it was desirable to examine other indicators that contributed to the main aim. The aim of the article was to summarize, analyze and categorize the available facts about the legal-theoretical terms for the participation of citizens in public life in the conditions of the Slovak Republic, as well as within the EU.</p></abstract>ARTICLE2018-10-16T00:00:00.000+00:00The Relationships and Configuration of Universal and Optional Healthcare Financing Schemes in Czechiahttps://sciendo.com/article/10.2478/danb-2018-0011<abstract><title style='display:none'>Abstract</title><p>In developed countries, both universal and optional parts of healthcare exist. This article shows the importance and fiscal position of universally available care and suggests where it can be extended by optional financing schemes such as prepaid health programmes. We use a comparative approach, SWOT analysis and synthesis of individual mechanisms of health financing into a single health system. A simple scheme of possible health system financing configuration is created, and we classify the financial resources and schemes used accordingly. Overall this article introduces a theoretically substantiated overview of health policy options for Czechia based on principles of universally available care, solidarity, fiscal neutrality, adequate fiscal space for health and voluntary private health expenditure.</p></abstract>ARTICLE2018-10-16T00:00:00.000+00:00Means Against the Rule of Nobodyhttps://sciendo.com/article/10.2478/danb-2018-0009<abstract><title style='display:none'>Abstract</title><p>This paper presents means by which relations between facts and decisions can be put on a higher, more transparent and accountable level. The complexity of relations, their exponential effects, new technology and numerous rules have increased the public administration’s unaccountability for its actions – if it is even possible to talk about accountability at all. This kind of situation is presented as the rule of nobody that through multiple relations, competencies and division of labour diminishes the possibility to view a situation as a whole, and enhances the distinction between a person’s formal role and his inner personal world. Classical decision-making procedures (more or less still) exclude interactions between political-legal and scientific institutions on one side and between the first and social groups on the other about modern risks that go beyond classical factory-related or occupational hazards. If the presented means (performance indicators, the avoidance of exclusive subjective evidence, the use of probability in individual cases, the right to clear information, the office for legislation and regulatory analysis and an IT platform) were formally integrated into decision-making, they could enable democratisation, for which the non-stop present and available communication links are sine qua non.</p></abstract>ARTICLE2018-10-16T00:00:00.000+00:00What Benefits Does Transparent Lobbying Bringhttps://sciendo.com/article/10.2478/danb-2018-0012<abstract><title style='display:none'>Abstract</title><p>Most quantitative studies deal with the costs of transparency lobbying and give little or no attention to quantifying the benefits. The aim of the article is to determine options for increasing lobbying transparency and their evaluation and comparison from the viewpoint of direct and indirect benefits. Regulatory Impact Analysis (RIA) isused. Five basic options are identified. Option I is the possibility of increasing the transparency of lobbying by measures introduced on lobbyists. Option II represents an increase of transparency in terms of lobbying targets. Option III is defined as an increase in lobbying transparency by means of sunshine principles and the increase of lobbying transparency by monitoring and sanctions is included in Option IV. All five options are evaluated from the perspective of realized direct and indirect benefits. The selection of the most suitable option will be carried out in relation with the presupposed incurred regulatory costs of lobbying transparency increase.</p></abstract>ARTICLE2018-10-16T00:00:00.000+00:00Procedural Safeguards under the European Convention on Human Rights in Public (Administrative) Law Mattershttps://sciendo.com/article/10.2478/danb-2018-0007<abstract><title style='display:none'>Abstract</title><p>The effectiveness of procedure is important for parties (e.g. citizens or business entities) to be able to exercise their rights in due time and is a key foundation of the rule of law. A State with an effective legal system provides a business-friendly environment, which is appealing for investments. The State decides on permits, licenses, taxes, etc. by applying administrative procedure. The aim of the paper is to identify and analyse such matters under public (administrative) law at the national level, which – due to their influence on private rights or obligations – fall under the civil or criminal limb of Article 6 of the ECHR and its requirements, as well as the requirements of Article 13. By means of a case study and descriptive-analytical and normative methods, the paper identifies comparatively selected cases and analyses the ECtHR test regarding reasonable time, focusing on overall procedure duration and the awarded compensations. The findings show that the ECtHR does not define reasonable time <italic>in abstracto</italic>. Therefore, the established violations among the states range from two-year procedures to nine years and more, depending on the circumstances of each individual case. Similarly, there are also variations in terms of compensation awarded.</p></abstract>ARTICLE2018-09-01T00:00:00.000+00:00Divided Ownership – Development and Perspectiveshttps://sciendo.com/article/10.2478/danb-2018-0006<abstract><title style='display:none'>Abstract</title><p>Divided ownership gives rise to a number of problems. The reintroduction of the <italic>superficies solo cedit</italic> principle and the superficiary right of building into the Czech law does not, of course, mean the return of feudal relationships. However, it should be reminded that it disrupts indivisibility (exclusivity, completeness, limitlessness) of ownership, which is traditionally seen as the foundation of ownership right. The authors use primarily comparative and historical methods in their research on this topic. In its today form, we understand divided ownership as a simplification that serves as ideological abstraction for a situation where the owner is subject to a long-term limitation by a very broad in rem right of another, which is hereditary and alienable. In this context we talk about three approaches to divided ownership in jurisprudence: (a) it does not exist at all; (b) it is limited solely to the feudal era; (c) it is a general term without relation to any specific social situation.</p></abstract>ARTICLE2018-09-01T00:00:00.000+00:00Internal Quality Process Management Evaluation in Higher Education by Studentshttps://sciendo.com/article/10.2478/danb-2018-0005<abstract><title style='display:none'>Abstract</title><p>With the increasing importance of higher education, there is also growing public concern about its productivity. Therefore, the aim of the study is to evaluate the key internal quality management processes by student evaluation and to reveal the key factors of an effective internal quality process management. The indicators used are based on student satisfaction with the education process. The results are based on a quantitative survey using questionnaire data collection within a sample of students, and qualitative research within target groups. Descriptive statistics and two dimensional statistical methods were used to evaluate the quantitative results. The results show student evaluation of five key areas of the internal quality process management evaluation: leadership and strategic planning, student and stakeholder focus, measurement of student learning outcomes, human resource planning and educational process management. A limitation of the study is its narrow focus on a case study of a single private university.</p></abstract>ARTICLE2018-09-01T00:00:00.000+00:00Assessment of National Program of Learning Regions in Slovakia – Design and Testinghttps://sciendo.com/article/10.2478/danb-2018-0008<abstract><title style='display:none'>Abstract</title><p>In May 2007, the Ministry of Education, Science, Research and Sport of the Slovak Republic approved the National Program for Learning Regions. It states that the long-term strategic objective for the development of Slovak regions is the gradual reduction of disparities in living standards in regions and to improve regional economic performance. One of the tools for achieving this goal is considered the learning region concept. The main aim of this article is to streamline the presentation and monitoring of the partial progress made in achieving the objectives of the National Program for Learning Regions in the Slovak Republic to policy-makers and to make this relatively complex issue accessible to a wider audience through one aggregated index and two partial indices; the PCA method was used. The results showed relatively large differences between regions. The highest value of the aggregated LR index was reached by the Trnava region, followed by the Bratislava region; these two regions seems to be in accordance with reaching the objectives of the National Program for Learning Regions. The lowest values were found in the Banská Bystrica, Prešov and Košice regions. Moreover, we found a positive correlation between aggregated and economical-innovative indices with average GDP during the years 2008–2014 at the NUTS 3 level.</p></abstract>ARTICLE2018-09-01T00:00:00.000+00:00The World Court of Human Rights Feasibility Studyhttps://sciendo.com/article/10.2478/danb-2018-0003<abstract><title style='display:none'>Abstract</title><p>The idea of the World Court of Human Rights was first envisioned in 1947 along with other institutions designed to create a system capable of the worldwide protection of individual human rights. The focus of the present study is to determine key issues of the prospective establishment of the World Court by an examination of its theoretical position among the United Nations bodies, regional and another inter-governmental human rights organisation. Analysis of the function and mechanisms of the current international human rights protection system would lead to deliberation on the prospective substantial and procedural competences of the World Court, the enforcement mechanism, jurisdiction and related benefits. The objective of the final part is to discuss challenges regarding its political and legal feasibility. Without the visionaries of the past, there would be no substantial system of human rights today. The World Court of Human Rights is a vision for the future.</p></abstract>ARTICLE2018-04-16T00:00:00.000+00:00Labour Taxation and its Impact on Economic Growth – Complex Analysishttps://sciendo.com/article/10.2478/danb-2018-0004<abstract><title style='display:none'>Abstract</title><p>The aim of the article is to provide a complex analysis of labour taxation impact on economic growth in OECD countries. As main approximators of taxation, implicit tax rates and the World Tax Index are used. Methods and tests of dynamic panel regression with the Arellano-Bond estimator are used from the methodological point of view. From the results of complex analysis, it is evident that there exists a non-linear relationship between tax revenues (implicit tax rates, world tax index) and tax burden (tax rates). There also exists a negative relationship between labour taxation and economic growth and the impact of labour taxation is the most harmful for economic growth. Therefore, in an effort to stimulate economic growth, labour taxation expressed by personal income taxes and social security contributions should be reduced.</p></abstract>ARTICLE2018-04-16T00:00:00.000+00:00Influence of National Competitiveness Indicators on the Export Performance of the Visegrad Group Plus Countrieshttps://sciendo.com/article/10.2478/danb-2018-0002<abstract><title style='display:none'>Abstract</title><p>A high level of competitiveness is the goal of every economic entity, whether individuals, companies, regions or nations. This paper discusses the issue of national competitiveness, which can be further divided into non-measurable and measurable input and output indicators. Output indicators are analysed in this paper, among which are a degree of openness, export performance, transformational performance and relative power of specialization. The aim is to find the relations among these indicators in the selected EU countries that form the Visegrad Group Plus, namely the Czech Republic, Slovakia, Hungary, Poland, Austria and Slovenia. These linkages have been tested by a panel regression model during the period 1995 to 2015. Strong impact of all indicators on export performance was assumed. However, this hypothesis was proved only partially, namely regarding the influence of openness degree and transformational performance on the export performance in period fixed effects.</p></abstract>ARTICLE2018-04-16T00:00:00.000+00:00Private Sector Savingshttps://sciendo.com/article/10.2478/danb-2018-0001<abstract><title style='display:none'>Abstract</title><p>The majority of household savings are in the form of bank deposits. It is therefore of interest for credit institutions to tailor their deposit policy for getting finances from non-banking entities and to provide the private sector with the loans that are necessary for investment activities and consumption. This paper deals with the determinants of the saving rate of the private sector of Slovakia. Economic, financial and demographic variables influence savings. Growth of income per capita, private disposable income, elderly dependency ratio, real interest rate and inflation have a positive impact on savings, while increases in public savings indicate a crowding out effect. The inflation rate implies precautionary savings, and dependency ratio savings for bequest. There are also implications for governing institutions deciding on the implementation of appropriate fiscal and monetary operations.</p></abstract>ARTICLE2018-04-16T00:00:00.000+00:00Substitute Child Care As a Current Problem of Social Care in the Czech Republichttps://sciendo.com/article/10.1515/danb-2017-0016<abstract><title style='display:none'>Abstract</title><p> In the event of the breakdown of the original family, institutional care has for many decades been the preferred alternative to family substitute care or aid to the original family. The origins of this practice can be traced to the 1950s, when foster families were cancelled by the communist regime and the ideology of collective upbringing triumphed. The objective of this essay is to determine how substitute child care in the Czech Republic has changed in the last ten years. The unfortunate practice of giving preference to institutional care in the event of the breakdown of the original family is changing: between the years 2005-2016 the number of children in institutional facilities for the youngest children (up to three years of age) has decreased by 30%; a similar trend may be observed in older children assigned to institutional or protective care. In contrast, the number of children in foster care has increased by 2.5 times since 2004. In 2016 40% more children lived in all forms of formal family substitute care compared to 2009. The problem remains the fragmented nature of legislation among the various ministries and the inadequate support of families in danger of social exclusion. A disproportionate number of children continue to be placed in substitute care due to non-existent public housing and inadequate networks of outpatient, field, and support services.</p></abstract>ARTICLE2018-01-23T00:00:00.000+00:00Removal of Administrative Barriers Through the Recent Procedural Simplifications in Slovenia and Croatiahttps://sciendo.com/article/10.1515/danb-2017-0014<abstract><title style='display:none'>Abstract</title><p> The removal of administrative barriers (RAB) is a constant policy at both European Union (EU) and national levels. Initially, RAB has been seen as a part of economically-driven Regulatory Impact Analysis, while lately a more interdisciplinary approach dominates, through Smart Regulation and Public Administration Reforms programs. Slovenia and Croatia, as »new« EU members, address the respective goals of streamlining mostly by amendments in sector-specific laws. Additionally, there is an open question regarding the implementation of these amendments. The aim of the article is to address the legally set procedural dimensions of red tape reduction in comparative and competitive settings. Hence, this article tackles the topic with analyses of the most recent procedural changes in recent years in selected Slovene and Croatian laws covering key administrative areas relevant for entrepreneurs, based on the World Bank’s Doing Business rank, i.e. the registration of entrepreneurs, tax procedures and the issuing of construction permits. The results reveal that RAB in Slovenia and Croatia still highly lacks a systematic approach, and is mainly focused only normatively and in piecemeal manner. Consequently, we face an implementation gap. This study shows that the Slovene and Croatian examples can also serve as an illustration for other countries on how to improve their RAB policies, among others by introducing the modernisation of the Administrative Procedure Act as a leading administrative simplification measure.</p></abstract>ARTICLE2018-01-23T00:00:00.000+00:00The Danube Dynamics of the Real Estate Transfer Taxhttps://sciendo.com/article/10.1515/danb-2017-0013<abstract><title style='display:none'>Abstract</title><p> The real estate transfer tax was introduced by the Habsburgs in the 19th century and has remained an integral part of the tax system of almost all countries historically belonging to their Danube monarchy. One century after the monarchy’s collapse, their common roots as well as national particularities can be observed. The goal of this paper is to confirm or reject the proposed hypothesis that the real estate transfer tax and its rate in post-Danube monarchy countries reflects more general public policies and preferences than neutral fiscal needs as suggested by GDP, GDP/capita, government debt/GDP, tax revenue/GDP, etc. The critical, genesis reflecting and comparative meta-analysis of the information about the dynamics of the evaluating regimes of the real estate transfer tax leads to the conclusion in the form of the confirmation of the proposed hypothesis, especially regarding the Czech Republic, making real estate transfer tax conceptually more a political than a fiscal instrument and posing a set of Socratic style questions inviting further research.</p></abstract>ARTICLE2018-01-23T00:00:00.000+00:00Deactivation of Pacemaker: Ethical Approach or Managerial Failure?https://sciendo.com/article/10.1515/danb-2017-0015<abstract><title style='display:none'>Abstract</title><p> The decision about the deactivation of a pacemaker must be the result of a multicriteria decision-making process where the legal, ethical and effectiveness aspects must be taken into account and delicately balanced, while also considering the risk of managerial failure. Academic as well as professional discussion is necessary because there is a whole range of question marks on this topic and all the aspects mentioned above. The aim of this paper is to contribute to the debate by presenting the views of Czech physicians about the possibility of deactivation of the pacemaker in patients in terminal states. Based on the results of our research, the following steps are recommended to enable the deactivation of pacemakers in the Czech environment. Before the patient’s own indication of pacemaker therapy, treatment should be discussed with the patient in detail, including complications and deactivation options. Czech ethical consultant services should be set up in Czech hospitals. And last but not least, they should take an opinion on this issue as well as the professional society.</p></abstract>ARTICLE2018-01-23T00:00:00.000+00:00en-us-1