Fundamental Reform Research Articles

Freedom of Association Doctrine in Finland

Abstract Freedom of association in Finland is an old, fundamental right protected by the Constitution. However, the legislation protecting the right is from the period before the fundamental rights reform of 1995 following Finland’s accession to the Council of Europe in 1990. Key issues are freedom of religion in the registration conditions of religious communities and mandatory membership in student unions. In addition, the Supreme Court and the Supreme Administrative Court have issued rulings that have significantly shaped Finland’s doctrine of freedom of association.

An Attempt to Reform the Civil Rank System in the Russian Empire in 1883–1885

Based on new data from unpublished documents of the Russian State Historical Archive (RSHA), this study examines the activities of the Special Secret Meeting, which developed a draft of a new Civil Service Statute from 1883 to 1885. This document proposed fundamental reforms to the Russian system of ranks, including the complete abolition of ranks and their replacement with a hierarchy of positions. However, due to disagreements between ministries, the project was not approved by the State Council. The study of interdepartmental and intradepartmental documents from higher and central state institutions, using event analysis, chronological, and retrospective research methods, revealed the institutions' attitudes towards the draft statute and identified the reasons for their refusal to adopt it. The findings of this research broaden our understanding of the reasons behind the failures of attempts to reform the civil service repeatedly made in the Russian Empire throughout the 19th and early 20th centuries. The relevance of the research topic lies in the traditional interest in the historical experience of the functioning of the bureaucratic apparatus of the Russian Empire in the 19th and early 20th centuries, in the context of increased interest from various researchers in the activities of the modern Russian state mechanism.

Quality Assurance in Preschool Teacher Training According to the Aun-Qa Approach

Ensuring the quality of teacher training programs is an important aspect of organizing higher education activities at universities and is the primary factor in improving the quality of school education. Currently, many countries around the world regard quality assurance in training programs as a crucial step in the educational reform process, contributing to the overall development of the nation. This article focuses on surveying and researching the content of quality assurance in pedagogical universities. The content of quality assurance in pedagogical universities according to the AUN-QA approach covers all activities that these universities implement to maintain, improve, and enhance their training quality. Researching the AUN-QA approach for quality assurance in teacher training in general, and specifically in preschool teacher training, serves as a method to enhance training quality and plays an important role in the trends of internationalization, competition, and global cooperation in education. All these studies represent significant theoretical and practical findings that align with modern trends and the current requirements for fundamental and comprehensive reform in education and training. Therefore, identifying the research issue "Quality Assurance in Preschool Teacher Training According to the AUN-QA Approach" has highlighted new points and made direct contributions to improving the quality of preschool teacher training to meet societal needs and current international integration.

China in global digital trade governance: towards a development-oriented agenda?

Abstract Existing literature on the behaviour of rising powers in global trade governance has yielded inconclusive evidence about their role and impact. This article contributes to this literature by examining China's role in global digital trade governance, an issue area which so far has not received sufficient scholarly attention. Specifically, it addresses the following question: as a self-proclaimed leader of the developing world in digital development, to what extent do its preferences and negotiation approach align with the interests of other developing countries? Analysing China's participation in three sets of negotiations using process tracing, the article argues that China's dual identity both as a self-identified developing country and as a rising power has contributed to its strategic ambivalence. In principle China supports a development-oriented approach to digital trade governance, calling attention to issues such as the digital divide and preserving developing countries' policy space on data localization consistent with its domestic regulatory approaches. Yet China's interest in promoting Chinese technology firms' global expansion leads to increasing divergence with other developing countries on issues such as the e-commerce customs duty moratorium and the global taxation of digital firms, paradoxically increasing its interest alignment with developed countries and limiting its support for fundamental reforms.

Bridging the Gap Between Labour Law and Company Law: Wedderburn’s Legacy: An Appreciation

Abstract The paper surveys the extensive writings of the late Professor Lord Wedderburn and explores the interactions between company law and labour law. A set of case studies illustrates labour law’s relative weakness in the contemporary corporate law context. Whilst it does change over time, company law has largely remained consistent with its two fundamental principles of separate legal personality and limited liability and its complementary prioritisation of the shareholders’ interests. These stable features provide a foundation that grants powerful corporate actors considerable freedom to pursue their interests and to organise their corporations however they please with little regard for those providing labour. Labour law finds itself constantly having to adapt to changing economic (and connected political) realities, fraying further the already threadbare protections for workers, especially in the context of global trade. With modern globalisation and financialization, a variety of “shareholders” and increasingly byzantine corporate structural arrangements have emerged presenting few opportunities to mitigate the impacts of their harmful activities. Investors and managers extract value with exploitative and detrimental consequences for the workers and other stakeholders. Fundamental reforms to company law are required for more effective workers’ voice and protection. Key words Lord Wedderburn, company law, labour law, employment law.

Some Problems on Teaching Profession Developing in Singapore, Malaysia and Lessons for Vietnam

The quality of education and the quality of a country's human resources depend greatly on its teachers. Therefore, training and fostering teachers plays an important role in the development of the country. The article addresses some issues of two countries, Singapore and Malaysia, in teacher professional development. These are the issues: Enrollment and training; recruitment and training; Reward, encourage and honor teachers. This article analyzes the strengths of these two countries in teacher training and development. In the context of fundamental and comprehensive reform of education in Vietnam, the reform of teacher training programs in the direction of professional development is being researched by teacher training institutions to find appropriate directions. The 21st century teacher training model of Malaysia and Singapore is a valuable lesson for us to learn and apply in building and developing teacher careers in Vietnam.

The Governance, Policy, Process, and Capacity of Health Workforce Regulation and Accreditation: Qualitative Policy Analysis and Evidence from Palestine.

The significant health development achieved in Palestine last decades has been lost, in Gaza particularly. This requires fundamental health system reform and rebuilding, including health workforces. Strengthening health workforces involves essential elements: leadership, finance, policy, education, partnership, and management. The current unprecedented catastrophe in Gaza and overall instability in Palestine show the utmost necessity for rethinking and reforming all pillars of the already collapsed health system, including the workforce. Health Workforce Accreditation and Regulation (HWAR) standardizes healthcare evaluations, representing a critical research area in Palestine due to limited existing knowledge. This study aims to enhance understanding of the HWAR in Palestine, and identify gaps and weaknesses, thereby enhancing the HWAR's development and optimization. This qualitative study used an inductive approach to explore the landscape of HWAR. Data were collected from October to November 2019, when 22 semi-structured in-depth interviews - were conducted with experts, academics, leaders, and policymakers purposely selected from government, academia, and non-governmental organization sectors. Data analysis, namely, thematic and ground theory, was performed using Excel and MS programs. The study revealed an absence of transparent governance and ineffective communication within HWAR systems. National policies and guidelines are problematic, with HWAR mechanisms fractured and needing reform. Licensing for healthcare workers hinges on local education, while monitoring and evaluation of HWAR are deficient. Some institutions adhere to HWAR standards, yet widespread updates and applications are necessary. Coordination among educational, accreditation, and practice sectors is non-systematic. Adequate human resources exist, but we need to improve HWAR management. Operational and political challenges limit HWAR, leading to a focus on immediate responses over sustainable system integration. Boosting HWAR is critical for Palestine, especially after the ongoing conflict and humanitarian crisis that led to the dysfunction of the entire health system facilities. A collaborative strategy across sectors is needed to improve governance and outcomes. It is essential to foster strategic dialogue among academia, regulatory entities, and healthcare providers to enhance the HWAR system. Further study on HWAR's effectiveness is recommended.

Germany: Foundation law in Germany after its fundamental reform

Abstract Very recently, foundation law in Germany has been extensively reformed. This article sheds light on some of the fundamental changes brought about by the reform. It takes a practitioner’s perspective and thus elucidates the key aspects to bear in mind when dealing with a German foundation (Stiftung)—whether as a third party, a (contractual) debtor or creditor or even as a beneficiary or potential founder.

Methodological problems of taxation in the Republic of Uzbekistan

The article discusses current issues of improving the methodology of taxation of legal entities. The author finds out to what extent the basic provisions of leading scientific schools were taken into account when carrying out a fundamental tax reform in the Republic of Uzbekistan in 2019–2020. Proposals for the development of the classification of tax payments in the context of increasing global and internal challenges are substantiated. Recommendations are given to ensure a balance between the basic sectors of the national economy.

NHẬN THỨC CỦA NHÀ QUẢN LÝ VÀ GIÁO VIÊN VỀ GIÁO DỤC KỶ LUẬT TÍCH CỰC CHO HỌC SINH TRUNG HỌC PHỔ THÔNG

In the context of fundamental and comprehensive reform of education and training, in addition to innovating teaching content and teaching methods, changing moral education of students through positive discipline also receives great attention. Positive disciplinary education contributes to the comprehensive education of students' personalities, meeting the requirements of society. Survey results show that awareness of positive discipline education for students in high schools, besides the positive aspects, still has certain limitations. To contribute to the formation of a “Happy school” and comprehensively improve the quality of education, awareness of administrators and teachers in high schools needs to be improved about positive discipline education.

Contestations of Liberal Globalism and the Rise of the Retrograde Party

The crisis of the liberal order opened up space for ideas that only some years ago had appeared out of time. During globalization’s heyday, parties that called for a rollback of liberal globalism were either stuck in a marginal position or unable to implement fundamental reforms. This has changed as the main political approaches toward liberal globalism are now being publicly and electorally contested. We argue that this has triggered the rise of a phenomenon we refer to as retrogradism. This article applies the concept of retrogradism to the case of the German right-wing party Alternative für Deutschland (AfD). It argues that we may be witnessing the rise of a new type of political party that pursues a retrograde agenda. We suggest that the current debate on the AfD fails to take into account that its defining features may be its politics of time and its retrograde opposition to liberal globalism.

Key aspects of the Saudi healthcare system reform and the potential impact on the main stakeholders: A qualitative study

ObjectivesTo explore and understand KSA’s fundamental healthcare system reform, the potential changes and challenges, and their impacts on major stakeholders. MethodologyTo gain in-depth insights into healthcare leaders’ perspectives regarding healthcare system reform in KSA, a qualitative research approach was used. Ten participants from diverse backgrounds were selected, representing various sectors in KSA: private, public, executive, consulting, and regulatory. This study was conducted between august 2022 and June 2023. FindingsThe findings revealed four key themes that shed light on healthcare system transformation in KSA and its effects: healthcare system reform, the impact of corporatization/privatization on healthcare providers, the impact of corporatization/privatization on health insurance, and the impact of corporatization/privatization on the workforce. Furthermore, the findings indicated that the ongoing transformation of the public sector toward privatization in KSA faces various challenges that affect most, if not all, stakeholders in the sector. However, the private sector possesses several strengths that can aid in addressing the challenges associated with the rapid transformation of the system. These strengths include familiarity with the market, robust financial management, extensive experience in coding and billing payers and insurance companies, efficient decision-making processes, flexibility, and maturity. ConclusionThe study facilitated comprehensive insights into the transformation of KSA’s healthcare system and the public sector’s shift toward corporatization/privatization. The sector must enhance its capabilities by establishing specialized units and recruiting talent. Further studies are also needed to gain a deeper understanding of the obstacles hindering the transformation.

Hospital reform in Germany: Population-based calculation and simulation model for planning and impact assessment

Background: Due to the increasing shortage of specialists, disproportionately rising costs and inadequate quality of care, Germany is planning a fundamental hospital reform. The government commission has developed the central principles for this reform. The aim is to achieve a centralization of hospital services in oversupplied metropolitan areas by planning according to groups of services based on defined requirements for structural quality. The economic pressure to increase the number of cases shall be reduced through the introduction of a reserve payment and by dividing hospitals into levels - at least by transparent information for the general public. So far, however, there has been no generic model to determine the significance of specific care providers considering population needs (reachability), capacity of a hospital location, and the number and severity of treated patients. Methods: We developed a generic model to determine the significance of hospital location-related care and the need for the various groups of services. The model may also be used to assess reserve financing. For the model, the groups of services were divided into four categories according to degree of specialization and urgency with limits of reachability of 30, 45, 90 and 180 minutes. Gravity models were used to simulate the population-based significance of care providers for each group of services. In the basic model, the allocation of the significance was based exclusively on the reachability for the population living within the respective reachability corridor. In extended models, the historical number of cases and their case severity were also taken into account in order to account for current care capacities and existing choices of the population regarding, among other things, the quality of care. The model was implemented on the basis of nationwide data provided in accordance with § 21 data (of the German law for hospital remuneration). We then determined the effects of weighting the three influencing variables (i) population, (ii) number of cases and (iii) case severity on the significance of the hospital sites. Using the example of "endoprosthetics of the knee" (service group 14.2 in North Rhine-Westphalia) in the federal state of Saxony, the effect of concentration on the distribution of the reserve budgets and on the accessibility of the population was illustrated. The importance of care determined in this way is contrasted with a key value that reflects the need for hospitals in terms of securing care in rural areas. Results: From the approximately 16.5 million somatic treatment cases in 2021, 98.5% could be assigned to one of the 60 somatic groups of services according to North Rhine-Westphalia model. The simulation models show a differentiated picture for the various service groups. For the majority of service groups, a moderate concentration of services does not lead to relevant restrictions in terms of reachability. Exclusively considering the population to be cared for (basic model) would lead to significant shifts in the financing of running costs, which are, however, very well mitigated by considering the historic number and severity of cases (extended models). As an example, we show the effects for the service group "endoprosthetics of the knee" in the federal state of Saxony compared to the extrapolation at location level. Discussion: The empirically based simulation model proposed here takes into account reachability, patient preference and hospital capacity and offers a scientific way of comparing the regional significance of care providers as well as the necessity of hospital locations for each service group against the background of the state's obligation to provide care and to make economical use of resources. The simulation model is meant to support hospital planning (here: the allocation of groups of services) in the federal states and to guide rational planning. It is also suitable for the management of financial resources in the context of hospital reform. It also enables an impact analysis. The model is not intended to automate planning or otherwise make rigid specifications. The calculations should be regarded as exemplary. The weights of all parameters can be varied. However, the reachability thresholds and the parameterization of the simulation model should be defined jointly by federal and state governments in terms of a common set of objectives.

Sustainable Data Rivers? Rebalancing the Data Ecosystem That Underlies Generative AI

Abstract The salient concern, today, is not whether copyright law will “allow robots to learn.” The pressing question is whether the exploitation of the data ecosystem that has made generative AI possible can be made socially sustainable. Just as the human right to water is only possible if reasonable use and reciprocity constraints are imposed on the economic exploitation of rivers, so is the fundamental right to access culture, learn, and build upon it. To restore this right to its proper place within the balancing act IP law is supposed to enable demands fundamental legal reform. This article explores the merits of reconstructing copyright as a permitted privilege (rather than property right). It also highlights the extent to which, for such reform to bear fruit and contribute to a socially sustainable data ecosystem, it needs to be supported by bottom-up participatory infrastructure.

Public education without proper compensation: An empirical argument for promotion and tenure reform to encourage public scholarship and academic citizenship

Institutions of higher education desire their faculty members to be high-quality researchers while also acting as engaged academic citizens who produce public scholarship. However, traditional promotion and tenure processes do not reward public-facing academic citizenship, instead valuing peer-reviewed publications and grant dollars. Therefore, a paradox exists: How can institutions of higher education claim they value academic citizenship without recognizing their faculty members for performing such work? This essay argues for a fundamental reform in promotion and tenure policies for tenure track faculty members to encourage academic citizenship and to reward these faculty members for performing this critical, public-facing, community-building work.

Regulative raumordnungsbezogene Optionen für eine Beschleunigung (nicht nur) der Energiewende: Ebenen, Verfahrensschritte und Bindungswirkungen

The urgency of the energy transition is in conflict with delaying effects and options that are not optimally used in the complex, multi-stage German planning system. This also applies to the law and procedures of spatial planning, as well as the interaction of spatial planning with construction planning and sectoral law. Here, fundamental reform options have not yet been exhausted, despite many current legislative projects. Some procedural steps and options for legislative deviations can be eliminated altogether, the interaction of planning and decision-making levels can be made more effective, and subject-related certain hierarchical levels in the planning system could be omitted on a topic-specific basis. Based on a brief analysis of the initial situation for spatial planning, this paper first provides corresponding general considerations on such far-reaching acceleration options and their consequences. This is followed by the presentation of numerous specific spatial planning-related optimisation options.

The performance of general practice in the English National Health Service (NHS): an analysis using Starfield's framework for primary care.

General practice in the English National Health Service (NHS) is in crisis. In response, politicians are proposing fundamental reform to the way general practice is organized. But ideas for reform are contested, and there are conflicting interpretations of the problems to be addressed. We use Barbara Starfield's "4Cs" framework for high-performing primary care to provide an overall assessment of the current role and performance of general practice in England. We first assessed theoretical alignment between Starfield's framework and the role of general practice in England. We then assessed actual performance using publicly available national data and targeted literature searches. We found close theoretical alignment between Starfield's framework and the model of NHS general practice in England. But, in practice, its model of universal comprehensive care risks being undermined by worsening and inequitable access, while continuity of care is declining. Underlying causes of current challenges in general practice in England appear more closely linked to under-resourcing than the fundamental design of the system. General practice in England must evolve, but wholesale re-organization is likely to damage and distract. Instead, policymakers should focus on adequately resourcing general practice while supporting general practice teams to improve the quality and coordination of local services.

TRANSACTION-SPECIFIC TAX REFORM IN THREE STEPS: THE CASE OF CONSTRUCTIVE OWNERSHIP

Similar investments are often taxed differently, rendering our system less efficient and fair. In principle, fundamental reforms could solve this problem, but they face familiar obstacles. So instead of major surgery, Congress usually responds with a Band-Aid, denying favorable treatment to some transactions, while preserving it for others. These loophole-plugging rules have become a staple of tax reform in recent years. But unfortunately, they often are ineffective or even counterproductive. How can Congress do better? As a case study, we analyze Section 1260, which targets a tax-advantaged way to invest in hedge funds. This analysis is especially timely because a multi-billion dollar litigation is pending about this rule. This Article proposes a three-step approach. First, when faced with a new type of tax planning, policymakers should decide whether a response is really necessary. How harmful is the transaction? How feasible is it to target this transaction without also burdening “good” transactions, which don’t involve the same abuse? This first phase determines what we call “the normative presumption” about the transaction. Second, Congress should define which transactions are potentially problematic. An “initial filter” should exempt transactions that clearly don’t pose the relevant concern. Third, once a transaction is deemed to be potentially problematic, a sophisticated test is needed to check whether it actually is. Admittedly, a sophisticated test is costly to administer. This is why initial filters are needed to limit how often it is used. Along with proposing this three-part framework, this Article offers a novel critique of a sophisticated test the government has begun using: a “delta” test, which measures how closely investments track each other. Although delta is often considered the gold standard, we show how easy it is to manipulate. The trick is to add contingencies (e.g., so the investment terminates when the price reaches a specified level). To head off this gaming, we recommend an alternative test that focuses on value instead of on changes in value–and, more generally, on enduring features instead of temporary quirks.

Многосторонние банки развития в полицентричном мире

Multilateral development banks (MDBs) are increasingly considered on the international agenda as one of the significant institutions for financing sustainable growth in the developing countries. In this article main activities of the four largest regional development banks are analyzed in the context of the reforms necessary to increase the financial capacity of MDBs. The need to reform the activities of multilateral development banks is due to both external and internal objective reasons. As regional development banks, all four banks discussed have the goal of promoting sustainable socio-economic development of the countries in their region, including poverty alleviation, as well as regional integration. The 21st century, accompanied by a polycrisis, poses new challenges for MDBs, to solve which it is necessary to increase their financial capabilities, as well as to change the credit policy and bank management system towards greater consideration of the interests of borrowing countries. A new social contract is needed between MDBs and developing countries that receive financial resources. The study shows that at the current stage, the practical activities of MDBs in implementing reforms are carried out mainly in the area of optimizing the capital structure and balance sheet and do not address fundamental problems. This can be explained by two objective factors: leading Western countries remain the largest shareholders of traditional development banks, which determines the vector of credit policy; the main source of funding for MDBs remains the world financial markets, which impose strict requirements on the level of investment profitability of attracted resources. In this situation, to fully address the problem of development finance, fundamental reforms in the activities of regional MDBs are needed, strengthening cooperation between them, creating coalitions with donors and intergovernmental funds, including between countries of the Global South, as well as joint efforts to promote the need to increase official development assistance (ODA) on various international platforms, including the G20 and COP.

ФОРМУЛЬНОЕ РАСПРЕДЕЛЕНИЕ: ВОПРОСЫ ТЕОРИИ

The current international tax system, which is based on separate accounting for corporate affiliates trading at arm’s length prices, is increasingly viewed as prone to abuse. Multinational enterprises have become adept at manipulating the rules of the current system to shift profits from high-tax to low-tax (or no-tax) jurisdictions. At the same time, each country’s law sets corporate income tax rates as well as bases, which may be eroded by tax incentives provided via legislation or ministerial discretion. These laws are further overlaid by a network of bilateral tax treaties, which alter the tax treatment of investment depending on the particular source and residence countries involved. This makes administration and enforcement of the corporate income tax costly, especially for developing country governments. Corporate compliance costs also increase with complexity. One fundamental reform proposal is to replace the current system of separate accounting by formulary apportionment.