Continental European Countries Research Articles

Do work-life balance measures influence the performance of Spanish listed companies?

Purpose: This paper analyses the effect on economic profitability of the adoption of work-life balance practices.Design/Methodology/Approach: Based on a sample of Spanish listed companies during the period 2015-2019, the aim was to contrast the effect of a work-life balance index on economic profitability.Findings: The regression analysis clustered at firm level, shows a positive and significant effect of the index on economic profitability, suggesting that companies' practices to achieve a work-life balance can be a source of motivation for their human resources.Originality/Value: Investigating the consequences of work-life balance practices at company level not at individual level and, performing a longitudinal study as opposed to cross-sectional studies, more frequent in the literature. Adding evidence in a Continental European country, Spain, as opposed to previous studies carried out mainly in Anglo-Saxon countries so like considering the work-life balances actually used by listed firms in the Spanish market.

What it means to be poor: dimensions of economic hardship among older people living in poverty across Europe

Abstract There is a lack of comparative and quantitative research on how poverty manifests itself in the economic wellbeing of older people across European countries. In this study, we focus in on two central dimensions of economic wellbeing: the ability to pay for usual expenses and unexpected expenses. Our aim is to find out how often older people living at risk of poverty experience hardship on these dimensions, how these dimensions overlap, and whether the incidence of hardship differs between the poor and the non-poor. The study is based on the cross-sectional component of the European Union Statistics on Income and Living Conditions (EU-SILC) 2018 survey, involving 29 countries and 148,432 respondents aged 65+ years. The analysis builds on both descriptive statistics and multinomial logistic regression, which takes into account differences in household characteristics between the poor and the non-poor. The results reveal that for the poor, meeting unexpected expenses is a more common problem than meeting usual expenses, although they typically experience hardship on both dimensions. Hardship among the poor is more frequent in Central Eastern and some Southern European countries, while poor people living in Continental and Nordic countries tend to fare better, even though relatively large numbers in these countries lack cash margin. The non-poor do also experience hardship, but to a lesser extent. The poor experience combined hardship relatively often in Continental European countries. Based on the results, we conclude that studies should pay closer attention to the different dimensions of economic wellbeing in old age.

Parliamentary Systems in Continental European Countries and its Relationship to the Effectiveness of Legislative Institutions

Every country has a unique style regarding the parliamentary system they follow. This parliamentary system may experience changes or developments that differ from the initial concept. It is expected because each country has other political, cultural, social, and economic conditions. It is normative legal research with a historical and conceptual approach, then conducted in a comparative study. The results of this study found that the French parliamentary system is included in the category of Medium-Strength bicameralism with asymmetrical and incongruent characteristics. The Dutch parliament belongs to medium-strength bicameralism with symmetrical and harmonious features. The Austrian legislature, known as the Bundesrat, does not have the same power as the Nationalrat, so the management of the two chambers of parliament is asymmetrical. Meanwhile, the parliamentary system in Indonesia can be classified as medium-strength bicameralism with asymmetrical and incongruent buildings. The parliamentary system can indirectly affect the effectiveness of the legislature's performance. Sometimes, the system adopted can make parliament an effective and efficient institution or vice versa. A small example is France, which can complete over 50% of proposed legislation in one year. Meanwhile, from 2020-2024, only 17 draft laws were constructed in Indonesia out of 215 registered. This figure is only 7.9% of the total proposed bill. Suppose the parliamentary system adopted has yet to bring parliament into a better, transparent, efficient, and open legislative body. In that case, the system can be re-evaluated by considering the existing ideal parliamentary concept.

Correlation between classical Roman law and English common law: comparative historical analysis

The term ‘correlation’ can be interpretated in a wider meaning than the presence of a frequency of connection between two collignial indicators. This semantic content as "a relation existing between phenomena" is present in the discourse of liberal arts, in contrast to parametric statistics. The purpose of the study is to verify the existence of a correlation between basic conceptual ideas in Ancient Roman law and English common law and to evaluate the scope and manifestations of this issue. The research problem is complicated by the fact that the overwhelming majority of modern historians traditionally contrast the legal systems of continental European countries with Anglo-American law. And there very few famous scientists who consistently reaffirm the opposite position and consider that the common legal tradition in Europe exists. The article shows three groups of key evidence of Ancient Roman Law influences on the English Common Law. The historical arguments explain the fantastic ability of English law to export to other countries. In world history, this property was only one legal culture, namely Old Roman. These abilities to transfer and reception are defined as the most significant parallels between the legal traditions that are investigated.

The very first collecting society for games

In May 2023, game – The German Games Industry Association – founded the world’s first collecting society for games, the VHG – Verwertungsgesellschaft für die Hersteller von Games. The purpose of this collecting society is to assert the remuneration claims of the producers of games in Germany for legally permitted private copying. In Germany, as in many other continental European countries, there is – unlike fair use in common law – an appropriate remuneration for the limitation of the rights of authors and ancillary copyrights for private copies. These remuneration claims can only be asserted by a collecting society, which means that neither a publisher or developer nor any author itself could assert such claims. There are various legally permitted copies of games made in everyday life, for example, in the form of Let’s Plays, walkthroughs, highlights, role plays, Shadow Plays, recordings for support, in esports broadcasts, or also in the form of screenshots taken by millions of users. Copies of the game itself and installations are not covered by the copyright exceptions, because the law does not provide legal permission in the case of software or if technical copy protection measures (TPMs) are in place. The relevant remuneration claims focus on capturing, filming, or photographing the audiovisual components of the games (on screen). The remuneration is already paid by the manufacturers and importers of devices and storage media with which the reproductions are made. The payments are collected by the Central Organisation for Private Copying Rights and distributed to all rightsholders whose content is privately copied. Since the administration of remuneration claims is subject to a collecting society, a new collecting society for games had to be founded for the games industry to participate in the private copying remuneration.

The subject matter of administrative law as a basic category For distinguishing sectoral principles of administrative law

Problem setting. Administrative law as a fundamental branch of public law is a necessary tool in regulating the activities of public administration bodies, public organizations, enterprises, institutions, and organizations. Its influence is constantly felt by specific individuals. Norms of administrative law protect relations formed under the influence of civil, labor, financial and other branches of law. In recent years, administrative law has been in a state of transformation, a new ideology of relations between the state and the citizen is being formed, the administrative legal doctrine is undergoing fundamental changes, and administrative legislation is being updated. As a result, administrative law has turned from the law of state management into a branch that normatively defines and regulates the rights and obligations of public administration in relation to subjects of civil society. Analysis of recent researches and publications. A significant number of scientists dealt with issues of administrative law, its subject, principles, among which it is worth mentioning the works of such scientists as: V. B. Averyanov, Yu. P. Bityak, V. V. Galunko, R. S. Melnyk, A. A. Pukhtetska and others. However, despite the rather large number of works, questions related to the generalization of scientific positions, which highlight the subject of administrative law as a basic category for determining industry precepts, remain in most cases outside the attention of researchers, which makes it possible to talk about the need to carry out such research. The purpose of research is to clarify the role of the subject of administrative law as a basic category for determining the branch principles of administrative law. Article’s main body. The article is devoted to the peculiarities of the subject of administrative law as a fundamental criterion for determining the principles of administrative law. Of fundamental importance for updating the concept of the subject of administrative law were two theoretical conclusions that were made in the development of the ideas of the Concept of Administrative Reform in Ukraine. The transformation of the subject of administrative law is a factor in updating the content and classification of the principles of administrative law. The subject of administrative law is social relations that arise for the purpose of realizing and protecting the rights of citizens, creation of normal conditions for the functioning of civil society and the state. It follows that the main task of administrative law is to create a priority of legal conditions for ensuring by public administration the rights, freedoms and interests of man and citizen in the sphere of public administration. The subject of administrative law is a wide complex of social relations that arise in connection with the implementation of the functions of the state executive power, the content of which is the management of society. Ukraine’s new management model (with adapted principles of Good Governance) should be aimed at maximizing the scope of public participation in governance, ensuring that economic, social and political priorities are based on consensus in such a way that the voices of all citizens, even the poorest and most socially disadvantaged population groups were taken into account when making state decisions. The article emphasizes the fact that principles are the leading category in the administrative law of all continental European countries. The principles reveal the content of law, reveal the essence of law, its foundations, as well as the regularities of social life and needs, and highlight trends. In the theory of law, the principles of law mean the most general and stable requirements that contribute to the establishment and protection of social values, determine the nature of law and the direction of its further development. Conclusions and prospects for development. The principles of law are a natural phenomenon of legal science, which in their essence are universal and reflect modern approaches to their interpretation. In modern conditions, the principles of law have a universal character, as they must be taken into account by law-making subjects during the creation of norms for the legal regulation of social relations. The peculiarities of the subject of administrative law provide grounds for a new approach to updating and characterizing the principles of administrative law resulting from interdependence and influence on each other.

The impact of income inequality on household indebtedness in euro area countries

This paper explores the impact of income inequality on household indebtedness at the household level. Using the first wave of the Eurosystem Household Finance and Consumption Survey data, the analysis sheds light on heterogeneous effects across euro area countries. The results suggest that there is weak evidence that income inequality has affected households’ indebtedness in continental European countries. The countries that show an impact are characterised by positive effects that operate across the income distribution and tend to be robust for consumption-related and housing-related debts. The effects, however, vary much less across the distribution for consumption-related debts as compared to housing-related debts. Households at the top of the income distribution seem to react more than lower-income households when it comes to housing-related debts.

THE NONLINEAR IMPACT OF RESEARCH AND DEVELOPMENT INVESTMENTS ON FIRM PERFORMANCE: A SIGMOID (S) CURVE APPROACH IN G20 COUNTRIES

The interaction between research and development (R&D) investments and firm performance has been extensively studied in the academic literature. However, these studies have produced different findings by proposing various models to explain the relationship between R&D and firm performance. The inconsistency in findings can be partly attributed to limitations in the use of traditional linear modeling methods that do not fully capture the complex dynamics of this relationship. Using data on 31,205 firms and 434,016 observations in G20 countries over the period 2000-2022, this paper considers the Sigmoid (S) curve model, which aims to reconcile the differences in the literature and provide a more comprehensive view of the R&D performance relationship. The findings reveal a non-linear relationship between R&D intensity and firm performance and the validity of the S-curve model. Specifically, the R&D-performance relationship shows a negative slope at low levels of R&D investment, a positive slope at medium levels, and a negative slope again at high levels. These results suggest that the impact of R&D investments on firm performance varies depending on the level of investment. Moreover, the study reveals that this 3-stage S-curve relationship is consistent for firms with low firm size and low leverage, and that such firms are particularly affected by an increase in R&D investment. Finally, the findings show that this relationship holds both between developed and developing countries and between countries following Anglo-Saxon and Continental European law. However, this relationship is more pronounced in Anglo-Saxon and developing countries than in Continental European and developed countries.

Related party transactions and earnings quality: the moderating role of female directors

PurposeThis study aims to analyse the effect of related party transactions (RPTs) on earnings quality in a sample of Spanish listed firms, as well as the moderating role played by female directors in the relationship between RPTs and earnings quality.Design/methodology/approachThe sample includes non-financial Spanish listed firms from 2005 to 2019. The authors use panel data analysis based on the firm fixed-effect estimator. Additionally, the authors use the two-step system generalized method of moments estimator to test the robustness of the results.FindingsThe results show a negative effect of RPTs on earnings quality. Further analysis reveals that the negative effect is mainly driven by transactions between the firm and its directors and major shareholders, as well as by RPTs that are more likely to reflect insiders’ self-interest. Moreover, the authors show that the presence of female directors reduces the negative impact of RPTs on earnings quality.Practical implicationsThe study provides practical implications for investors, auditors and policymakers, who should be aware that RPTs might harm earnings quality and adversely affect the flow of financial capital to promising investment opportunities. Additionally, the study evidences the key governance role played by female directors regarding financial reporting policies as RPTs increase.Social implicationsThe findings promote the need for a higher representation of women in leadership positions since the authors reveal the key governance role played by female directors regarding financial reporting policies as RPTs increase.Originality/valueThe results to emerge from the study complement available evidence concerning the effect of RPTs on earnings quality in a continental European country. The authors also provide novel evidence vis-à-vis the role of female directors in the relationship between RPTs and earnings quality.

Civil Law in Indonesia and Russia: Easy and Affordable Access to Legal Aid

One of the most familiar legal systems in the world are the civil law system and common law system. The difference in characteristics between the two is an interesting discussion that is often undertaken. Research conducted on the characteristics of a legal system aims to obtain good legal institutions to regulate society. The implementation of the legal system in each country is strongly influenced by the historical developments and formation of that country. The two countries that we are interested in studying are Indonesia and Russia, as a material for comparison in terms of legal regulations, specifically in the legal aid process for their respective citizens. As a continental European adhering country, or commonly known as a civil law system, Indonesia prioritizes laws that come from formal legal sources such as laws and regulations, customs, and jurisprudence. Legal comparisons relating to legal aid in two different countries are very interesting because based on the history of the formation of the Indonesian state and the Russian state, there is a significant difference. As the two countries were colonies, they produced regulations that followed the countries that colonized them. However, the Russian state differs from the Indonesian state in that it also participated in colonizing other countries.

INTERNATIONAL STANDARDS, FOREIGN LEGISLATIVE EXPERIENCE OF JUDICIAL CONTROL IN THE INVESTIGATION STAGE

One of the important features of the rule of law, the construction of which is proclaimed by the Constitution of the Republic of Kazakhstan, is the exercise of judicial control over the preliminary investigation. Most of the member countries of the Organization for Economic Cooperation and Development (OECD) adhere to this vector of development of criminal procedure legislation. Currently, international standards and principles governing the protection, protection, restoration of human rights and freedoms accumulate the most progressive, successfully tested legal concepts, which were the natural result of the tendency to strengthen guarantees of the rights of participants in criminal proceedings. The article is devoted to the problems of legal regulation of judicial control at the stage of preliminary investigation related to compliance with international standards. A selective analysis of the implementation of judicial control in foreign countries, in particular in the countries of continental Europe (France, Germany, Italy, England, Spain), identified similarities and differences from a similar system in the Republic of Kazakhstan, as well as put forward proposals to improve criminal procedure legislation in this direction. The author, examining the control powers of the court at the international level, tried to determine the importance of international standards and principles in ensuring the rights and legitimate interests of participants in criminal proceedings in the Republic of Kazakhstan. The article develops the idea of the need to implement the norms of international legal acts into national legislation, borrowing positive foreign experience in implementing the norms regulating judicial control. At the same time, it is noted that the introduction of positive experience of foreign countries, as well as international standards and principles into national legal mechanisms is possible only taking into account the peculiarities of the legal system and the system of state law. Keywords: international standards, foreign experience, protection of rights and

Poles Apart? Alternative Welfare Trajectories under Finance-Dominated Capitalism

By connecting the post-Keynesian view of financialization with Comparative Political Economy, we suggest some elements for an updated interpretation of the existing models of welfare. As a main element of novelty, we consider how high-income countries are reacting to the pressures of finance-dominated capitalism, namely by extending, keeping, or retrenching their welfare systems. The contribution of the article is threefold. First, we elaborate on the nexus between welfare and financialization. Second, we introduce a multidimensional index aimed at assessing the degree of welfare of 32 OECD countries for the period 1990–2015. Third, we compare our index with the socio-economic models identified in the literature and with the patterns of financialization. Two trajectories emerge from our exploration: on the one side, Scandinavian and Continental European countries moved toward relatively higher levels of welfare; on the other side, lower levels of welfare feature Anglo-Saxon, Asian, Mediterranean, and Central and Eastern European countries. Besides such divergence, we find that the process of financialization was more intense in countries with stronger welfare, which likely opted for a compensation strategy. Our work highlights the relevance of policies and institutions in shaping different welfare systems and coping with the challenges of the current phase of capitalism.

Contract with open terms in Scotland: A comparative legal perspective

The article focuses on contracts with open terms, that is, contracts in which the parties deliberately leave one or more terms open for future negotiations or unilateral supplementation by one of the parties (or a third party). In our paper, we refer to contracts with open terms in which an open term is subject to negotiations. Such contracts are not recognised by most jurisdictions (including as being too vague), but the Scottish legal system is sometimes argued to be an exception. In attempting to confirm this claim, it is found that the device called “a contract with open terms” is unknown to Scottish law, so a special comparative legal method is proposed to find an analogue on the Scottish “legal map”. This approach reveals that contracts with open terms in Scotland are concealed under several different names (most notably “agreement to agree”). It shows that although there is no uniform and consistent approach to such contracts, there are three tests which the courts use to answer the central question about such contracts, namely whether a contract with open terms is enforceable: the test for the essentiality of an open term, the test for whether an open term can be objectively implemented and the test for whether the parties have an intention to create legal relations. This analysis is accompanied by a comparative commentary describing how similar issues are dealt with in the UNIDROIT Principles and in another (besides Scotland) jurisdiction to which recognition of contracts with open terms is attributed, namely Russia. On the basis of the research carried out, a preferred order of application of the tests is proposed. The study of the topic is also preceded by a reference to the history and general characteristics of the Scottish legal system. In the course of this topic, we show that Scotland cannot be defined precisely enough through its generic characteristics as a mixed jurisdiction. In turning to the study of Scotland as an individual jurisdiction, it is noted that this system over time has begun to exhibit fewer and fewer of the attributes of a continental European family country.

Positive Association Between the Immunogenetic Human Leukocyte Antigen (HLA) Profiles of Multiple Sclerosis and Brain Cancer.

Previous research has documented elevated risk of brain cancer in patients with multiple sclerosis (MS). Separately, human leukocyte antigen (HLA) has been implicated in protection or susceptibility for both conditions. The aim of the current study was to assess a possible role of shared immunogenetic influence on risk of MS and brain cancer. We first identified an immunogenetic profile for each condition based on the covariance between the population frequency of 127 high-resolution HLA alleles and the population prevalence of each condition in 14 Continental Western European countries and then evaluated the correspondence between MS and brain cancer immunogenetic profiles. Also, since each individual carries 12 HLA alleles (2 × 6 genes), we estimated HLA protection and susceptibility for MS and brain cancer at the individual level. We found that the immunogenetic profiles of MS and brain cancer were highly correlated overall (P < .001) and across all 6 HLA genes with the strongest association observed for DRB1, followed by DQB1 and HLA-A. These findings of immunogenetic overlap between MS and brain cancer are discussed in light of the role of HLA in the immune system response to viruses and other foreign antigens.

To Barbados or Bofin: the fate of Irish Catholic priests imprisoned in the aftermath of the Cromwellian conquest, 1653 to 1662

The position of Catholic priests in Ireland changed dramatically in the aftermath of the Cromwellian conquest of the country, which was completed in 1653. From a situation where de facto tolerance of the faith was widespread, laws against Roman clergy were now implemented with rigour. Many priests were arrested and executed while many more escaped to the sanctuary of the Catholic countries of continental Europe. As they sought to rid the country of any remnant of a Catholic clerical presence, the Commonwealth authorities undertook a number of schemes that were designed to ensure that the small number of priests who remained in captivity in Ireland would be unable to play any further role in the pastoral care of the Catholic population.

To Barbados or Bofin: The fate of Irish Catholic priests imprisoned in the aftermath of the Cromwellian conquest, 1653 to 1662

Abstract: The position of Catholic priests in Ireland changed dramatically in the aftermath of the Cromwellian conquest of the country, which was completed in 1653. From a situation where de facto tolerance of the faith was widespread, laws against Roman clergy were now implemented with rigour. Many priests were arrested and executed while many more escaped to the sanctuary of the Catholic countries of continental Europe. As they sought to rid the country of any remnant of a Catholic clerical presence, the Commonwealth authorities undertook a number of schemes that were designed to ensure that the small number of priests who remained in captivity in Ireland would be unable to play any further role in the pastoral care of the Catholic population.

European experience of preventive activities performed by law enforcement agencies: administrative aspect and theoretical-legal aspect

The aim of the research was to reveal the peculiarities of preventive activities carried out by law enforcement agencies in the countries of the European Union. Attention is paid to the known methods of preventive work carried out by the police of different countries, which make it possible to prevent crimes and arrest criminals when they are still preparing to commit a crime. In this regard, models of preventive activities used in continental European countries are described. The methodological basis of the research is presented in comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. In the conclusions attention is paid to the peculiarities of prevention applied by individual members of the European Union, in particular, the policy of prevention by the Polish police, in terms of recidivism of persons who have already committed crimes. This policy is developed by borrowing from the European experience, because in some countries the emphasis is on extending the powers of police officers, in others - on maximum interaction with the society involved to help implement some police functions.

Concerning certain features of evidence assessment in different legal systems and in the practice of the European Court of Human Rights

The article examines certain features of the assessment of evidence in criminal proceedings in various legal systems and in the practice of the European Court of Human Rights. Different approaches to understanding the essence of the concept of "standard of criminal procedural evidence" are analyzed and the author's definition of it is proposed. It is illustrated that the rules of evaluation of evidence, which take place in Anglo-Saxon and continental jurisdictions, differ significantly. In the countries of the Anglo-Saxon legal family, objective criteria for the evaluation of evidence have been established - standards of evidence based on the idea of ​​assessing the probability of certain variants of the actual picture of the proceedings and have a guiding nature. Continental European countries, on the other hand, apply a subjective criterion for evaluating evidence, using the category of "internal conviction", which is based on the personal conviction of the subject of evidence in the truth of a certain fact. It was concluded that the effectiveness of evidentiary activity can be increased by introducing objective elements into the assessment rules, which leads to the development and normalization of standards of criminal procedural evidence in the domestic criminal process. This will contribute to the development of the same approach to making procedural decisions and the implementation of procedural actions by all subjects of evidence in various criminal proceedings and stages, who will understand the level of requirements for their adoption or conduct.&#x0D; When analyzing the practice of the European Court, it was determined that the rules for applying the standard of proof "beyond reasonable doubt" by the European Court and national courts (in particular, the Anglo-Saxon legal system) differ. In this regard, the opinion was expressed that domestic criminal proceedings should be guided by the practice of implementing this standard in the legal systems of common law countries.

BACKPACKER TOURISM CIRCUIT IN KOTA KINABALU, SABAH

Kota Kinabalu is a well-known tourist destination in the Malaysian state of Sabah. This city serves as the beginning point for the majority of the Sabah state's tourism circuits. This research is focused on the backpacker tourist circuit of Kota Kinabalu. Furthermore, this study involves an analysis of backpacker tourist locations that may be promoted into visiting the various destinations in Sabah via tourist circuits. The study design employed is a survey approach with quantitative approaches as research tools. In this study, a total of 228 backpackers in Kota Kinabalu responded to the questionnaire. The study only involved backpackers originating from countries in continental Europe, North and South America and Oceania. ArcMap 10.8 was used to map the circuit that was discovered during the data processing. The study's findings revealed that the backpackers' tourist circuit in Kota Kinabalu is limited and significantly impacted by prominent attractions visited by mass tourists. This research also shows that there are several acceptable tourist locations in Kota Kinabalu's backpacker tourist circuit that may be grouped according to certain themes like cuisine tourism, educational tourism, ecotourism, mountaineering or hill climbing tourism. Overall, Kota Kinabalu's tourist sector offers tremendous growth potential for backpacker tourism, which may become the mainstay of the industry. As a result, the government and other stakeholders must do more to boost backpacker tourism in Kota Kinabalu.

Understanding cognitive decline in older ages: The role of health shocks

Individual cognitive functioning declines over time. We seek to understand how adverse physical health shocks in older ages contribute to this development. By use of event-study methods and data from the USA, England, and several countries in Continental Europe, we find evidence that health shocks lead to an immediate and persistent decline in cognitive functioning. This robust finding holds in all regions representing different health insurance systems and seems to be independent of underlying individual demographic characteristics such as sex and age. We also ask whether variables that are susceptible to policy action can reduce the negative consequences of a health shock. Our results suggest that neither compulsory education nor retirement regulations moderate the effects, thus emphasizing the importance for cognitive functioning of maintaining good physical health in old age.