Influence Of Legislation Research Articles

Pursuing claims in Polish civil process

This article presents an outline of the basic issues of pursuing claims in Polish civil process and, more broadly, in Polish civil proceedings. It contains a short introduction to the history of the Polish Code of Civil Procedure, taking into account the period before World War II, the post-war period, and the period after the political transformation of 1989–1990. The article indicates a characteristic change in the leading principles of civil procedure in Poland over the last 30 years and the influence of foreign legislation and foreign doctrine on the position of Polish science in the civil process. The article explains the basic concepts of Polish civil procedural law, taking into account the last major amendment to the Code of Civil Procedure of July 4, 2019. It discusses the way to obtaining judicial legal protection in civil and non-litigious proceedings. When discussing specific issues of consideration of claims in civil proceedings, it should be kept in mind that every year Polish courts consider about 20 million civil cases (including arbitration cases), while criminal cases in Poland are considered 10 times less. This shows the leading role of civil law and judicial proceedings in the Polish justice system and public relations in Poland. This also means that a much larger number of civil lawyers are required in the legal field than lawyers specializing in criminal cases. In the general courts, we have much more judicial boards that apply the provisions of civil proceedings than the boards dealing with criminal cases. Some lawyers are engaged exclusively in the application of civil law and civil proceedings, for example, bailiffs, judicial assistants, judges of collegiums in civil cases, notaries. Also, the vast majority of legal advisers provide legal services in civil cases, although they are also allowed to act as defenders in criminal cases.

A Parliament for the People? – The European Parliament’s Activism in the Area of Social Policy From the Early 1970s to the Single European Act

The formal powers of the European Parliament (EP) prior to the Single European Act (SEA, 1986) were marginal. However, this limited formal role did not correspond to the perception of the early Members of the EP (MEPs) as to what role the EP should play in Community policy-making. Predominantly driven by pro-integrationist ideas of ever-closer union - and of an ever-stronger Parliament - MEPs became activists for deeper political as well as institutional integration from the institution’s beginnings in the 1950s. This article studies the EP’s emerging legislative influence through the lens of Community social policy, a policy area with a particularly strong ideational dimension. Perceiving a lack of public support for and identification with the Community project, MEPs invested considerable time and effort prior to the SEA into attempts of creating a broad Community social policy. In so doing, the delegates hoped to convince the member states’ citizens of the added value of closer European integration whilst simultaneously enhancing their own institution’s position. Based on an extensive collection of EP archival documents, this article contributes to a deeper understanding of the EP’s gradual empowerment at a time when the Treaties foresaw little more than a consultative assembly.

It Takes a Coalition: The Community Impacts of Collaboration

Members of Congress frequently collaborate on policy initiatives, reaching out to colleagues in both parties to find common ground on solutions for the problems faced by their constituents. Using a novel dataset of over 30,000 “Dear Colleague” letters sent by members of the 111th Congress, I use the collaborative relationships that exist in the earliest stages of the policy process to measure the social influence of legislators. I demonstrate that districts represented by members of Congress who are better connected to their colleagues receive a greater share of federal grant money. I argue that this is because collaborative legislators are well‐positioned to be influential allies to strategic bureaucrats who want to maintain a broad base of support for their programs in Congress. Thus, devoting resources to building relationships with their colleagues is one way members of Congress can more effectively support the communities they represent.

The influence of alternative fuels on the development of large-scale production

The relevance of this research is that the ecological consequences were caused by the mass use of transport at the present stage. The purpose of the research is to compare the priority of large-volume production of two groups of fuels based on price and non-price factors; to identify the main development problems for all types of alternative fuel. The main problems were identified in the development of all types of alternative fuel and shown the possibilities of large-volume production of hydrogen and electric engines under the condition of the state's active financial and legislative influence.

Female policymakers and educational expenditures: cross-country evidence

This paper investigates the influence of women in politics on decision-making using public educational expenditures as the outcome of interest. The results suggest that an increase in the share of female legislators by one percentage point increases the ratio of educational expenditures to GDP by 0.038 percentage points. I then consider some different contexts, under which the influence of female legislators may be affected. The effect of female legislators on educational policies is robust in the different contexts considered, but the magnitude may change revealing perhaps that the distribution of female legislators depends on the context. Moreover, this study supports the hypothesis that the identity of the legislator matters for policy. To determine whether female legislators have causal impact on education, this paper uses electoral rules as the instrument for the proportion of female legislators. The results are encouraging, and are very likely to provide causal evidence of female legislators on educational expenditures.

An Empirical Study on the Impact of Sustainability Reporting on Firm Value

Value relevance is an attractive exploratory topic for firms due to its influence on a firm’s competitiveness. Investigating potential factors that have an impact on firm value can provide management with the insights in how to enhance value. The aim of this paper is to explore the association between sustainability reporting and firm value to gain an awareness of the value relevance of sustainability disclosures. The study concentrates on large listed German firms as research objects to reduce the influence of firm size, legislation and geographic differences. Moreover, instead of observing diverse sustainability reporting guidelines in one research, this paper focuses on the current most popular guidance, the Global Reporting Initiative (GRI). With this focus, it is more likely to achieve a relevant comparability among the firms’ sustainability reporting. This concentration also leads to the main research question of whether large listed German firms which have a higher adherent level to GRI guidance tend to have greater firm value. The research applies Multiple Regression to test the above relationship by involving 485 observations from 97 large listed German firms within the research period from 2013 to 2017. Along with the main model, a robustness test was performed to explore the connection in the context of a four-month period after the year-end deadline to issue sustainability reports in accordance with German Law. The findings indicate a significant negative relation between firm value and a firm’s GRI adherent level of sustainability reporting.

Drivers of diversity on boards: The impact of the Sarbanes‐Oxley act

AbstractThis study investigates how firm structure, chief executive officer (CEO) power, and federal legislation influence hiring of corporate directors from a diverse background. Combining the value‐in‐diversity hypothesis and the similarity‐attraction paradigm, we examine the impact of economically rational (i.e., business need) and social preference (i.e., similar‐to‐me bias) drivers of board diversity post‐the Sarbanes‐Oxley Act of 2002 (SOX). Using a sample of S&P 1500 firms from an eight‐year period spanning SOX, we find that SOX is positively correlated with board diversity. Although SOX was not intended to increase board diversity, the changes it put in place have subsequently facilitated more board diversity. Results show that the economically rational predictor (firm operational complexity) had a positive and statistically significant effect on board diversity pre‐SOX but that effect disappeared post‐SOX. Meanwhile, CEO power, a social preference inhibitor of board diversity, had a negative and statistically significant relationship with board diversity pre‐SOX which also disappeared post‐SOX. It appears that SOX has mitigated both economically rational drivers to want more diversity as well as social preference drivers to want less diversity. Implications of these findings for research and practice are discussed.

The Subnational Dimension of Europeanization

Despite the increasing influence of European legislation on the subnational level of government and local public policy, until recently, the subnational level has played only a marginal role in exploring Europeanization processes. With the creation of the single market in the early 1990s, the process of European integration began to have a significant impact on local governments across Europe. Subsequently, the development of European regional and cohesion policy resulted in the adaptation of the political and administrative structures of the local units of the Member States. However, the impact of European integration is not one-sided. The European Union's multilevel governance system and the spread of the impact of Europeanization on interstate levels pose new challenges for European cities and local actors and enable them to actively participate and influence political decision-making processes at the European level. The paper first conceptualizes the phenomenon of Europeanization and then identifies and addresses its dimensions and mechanisms in the field of local self-government. Emphasis is placed on the implementation of European legislation by local authorities and the institutional and non-institutional (indirect and direct) participation of subnational units in European governance. In an attempt to provide answers to the research questions, the author used the legal analysis and the teleological and linguistic method.

Clean or renewable – hydrogen and power-to-gas in EU energy law

Interest in hydrogen as a carbon-neutral energy carrier is on the rise around the globe, including in Europe. In particular, power-to-gas as a technology to transform electricity to hydrogen is receiving ample attention. This article scrutinises current updates in the energy law framework of the EU to explain the legal pre-conditions for the various possible applications of power-to-gas technology. It highlights the influence of both electricity and gas legislation on conversion, storage and transmission of hydrogen and demonstrates why ‘green’ hydrogen might come with certain legal privileges under the Renewable Energy Directive attached to it, as opposed to the European Commission’s so-called ‘clean’ hydrogen. The article concludes by advocating for legal system integration in EU energy law, namely merging the currently distinct EU electricity and gas law frameworks into one unified EU Energy Act.

Effectiveness of Connected Legislators

AbstractImportant work has been done to measure legislative effectiveness in the U.S. Congress and to explain the individual characteristics that drive it. Much less attention, however, has been devoted to study the extent to which legislative effectiveness depends on the legislators' social connections. We address this issue with a new model of legislative effectiveness that formalizes the role of social connections, and we test its predictions using the network of cosponsorship links in the 109th–113th Congresses. We propose a new empirical strategy that addresses network endogeneity by implementing a two‐step Heckman correction based on an original instrument: the legislators' alumni connections. We find that social connections are a significant determinant of legislative effectiveness. We also study the influence of legislators' characteristics in shaping the network effects. In doing so, we provide new insights into how social connectedness interacts with factors such as seniority, partisanship, and legislative leadership in determining legislators' effectiveness.

A nonpartisan legislative chamber: The influence of the Canadian Senate

Measuring relative legislative influence is notoriously difficult, particularly in bicameral systems where two chambers have similar formal powers. Recent changes to the Canadian legislature offer a unique opportunity to understand how an upper house liberated from party constraints impacts that houses’ legislative influence. I leverage an original panel data set matching lobbyist activity to parliamentarian characteristics and responsibilities and, using a difference-in-differences design, compare Members of Parliament to Senators, both independent and partisan. I find that independent Senators receive disproportionately more attention from lobbyists both after the changes and as the independent composition of the Senate grows. This article offers a time-variant measure by which perceived influence can be evaluated and contributes to the extant literature on intercameral relationships, partisanship, the legislative process, and party discipline and cohesion.

Механизм принятия законодательных решений в РФ как метод экономического регулирования: на основе анализа количественных данных базы LAWSTREAM.RU

Objective: to consider the use of legislative decision-making mechanisms in the Russian Federation as a tool of economic regulation on the basis of quantitative data of LAWSTREAM.RU database and to confirm or refute the hypothesis that the failures in the GDP growth dynamics encourage the state regulator to intensify rulemaking.Methods: abstract-logical method, comparison, correlation analysis.Results: the mechanism of legislative decision-making can and should be considered as a tool for the economic regulation policy implementation. The effectiveness of reforms is determined by the way in which the government, as the regulatory body of the economic system, uses the existing mechanisms of legislative decision-making in the field of economic regulation. The paper analyzes the institutional aspects of economic reforms. The authors compare the quantitative dynamics of the law drafts in the sphere of economic relations submitted to the State Duma and adopted by it, and the dynamics of the Russian GDP growth in 1994-2018. The correlation is shown between the macroeconomic situation and the legislative activity of the President and government in economic sphere; the hypothesis is confirmed about the influence of the GDP growth on the President and government’s legislative activity in the sphere of economy and finance regulation in case of sharply negative GDP values. It is established that the peak of the state regulator’s activity in the regulatory sphere is the system reaction to shock, expressed in a sharp drop in GDP growth.Scientific novelty: the article is the first attempt to compare the quantitative indicators of the adopted law drafts in the sphere of economy regulation and the GDP dynamics.Practical significance: the results obtained by the authors are useful for describing the model of legislative influence of the Russian executive authorities on the economic environment, taking into account the current macroeconomic indicators.

PRINCIPLES OF ENFORCEMENT PROCEEDING

The enforcement proceeding is one of the relatively young and dynamically developing branches of the Russian legal system, it requires a constant and indepth development of scientific theorizing about the nature, content of its legal norms and legal mechanisms based on its principles. First of all, the principles of enforcement proceedings follow from general legal principles that reflect economic, political, social processes and dictate the need for the overall development of this branch of law. The consistent development of the doctrinal approach, correct and well-timed legislative influence on social relations in the field of compulsory enforcement makes it necessary to take into account the specific features of the judicial acts implementation, as well as acts of other bodies and other officials. Enforcement proceedings in this regard are considered as one of the tools to ensure the effectiveness of the enforcement system.

Employment protection and labor market results in Europe

Since the 1980s, many European countries have reformed their labor markets, enhancing their flexibility in an attempt to reduce high unemployment rates. However, the empirical evidence on the effectiveness of these reforms is not conclusive. Our paper analyzes the influence of employment protection legislation and changes in economic activity on the evolution of employment and unemployment rates registered in European Union countries from 1999 to 2012. Furthermore, we analyze whether the impact of economic activity and employment protection has changed during the economic crisis following the onset of the Global Financial Crisis. Our results show that the existence of a significant impact of employment protection on employment and unemployment depends on the selection made of the sample of countries and years analyzed and on the economic variables representing economic activity (Gross Domestic Product vs Gross Fixed Capital Formation). Furthermore, when a significant impact is obtained, the direction of this impact is contrary to what is argued in mainstream analysis because a higher protection of permanent and temporary workers has a positive impact on the evolution of employment and unemployment.

Need of Alcohol Reference Materials and Reliable Measurement of Alcohol Content by Breath Alcohol Analyzer in India: An Overview

Breath alcohol analyser is used to detect alcohol content in end-expiratory breaths in order to enforce driving regulations under the influence of alcohol legislation. The accuracy and reliability of the routine measurements of alcohol content performed with breath alcohol analyser can be achieved by the calibration of the breath alcohol analyser using standards traceable to SI reference material. Proper calibration is essential for transparency in legal verification for which reference material is needed. At international level, a number of NMIs are active to address this important measurement issue of providing accurate measurements. Several international key comparison programs have been organized so far for the determination of ethanol content in aqueous and in nitrogen/air matrix. NIST, USA; BAM, Germany; IRMM, Belgium, Portugal, INMETRO, Brazil, LGC, UK etc. have developed certain reference materials of ethanol in water solution/air with different concentration ranges. However, no such reference material is introduced in India as an indigenous standard, rather, being procured from abroad or using high purity alcohol for calibration purposes. CSIR-NPL, India, being the NMI is now focusing on establishing the calibration facility and development of SI traceable aqueous alcohol standard to provide test reliability for the testing in breath alcohol analyser. This program has a societal impact which contributes to human health and regulatory needs for the nation.

Abandoning Ankara: voluntary departures from the Grand National Assembly of Turkey

ABSTRACTAlthough retirements account for a significant percentage of turnover in a good many legislatures around the world, they have received little scholarly attention outside of legislative institutions of advanced democracies, particularly the United States Congress. In this paper, we address this shortcoming in the literature by exploring retirement dynamics in Turkey, a transitional democracy and an ideologically polarised political system. Using a unique dataset of parliamentarians who served in the Grand National Assembly of Turkey (GNAT) between 2007 and 2015, we show significantly higher rates of non-electoral departure among members of opposition parties and especially among those representing Kurdish regions of the country. We supplement this analysis in two ways to delve further into potential factors behind retirement decisions. First, we examine data on government answers to parliamentary questions in the period 2007–2015. Second, we analyse a survey of Turkish parliamentarians serving in the early 2000s regarding career plans. These data permit us to examine the roles of system inclusiveness and parliamentary socialisation on decisions not to stand for reelection. Our results imply that perceived legislative influence may help explain some of the variation in retirement decisions.

Tv market and televiewers in Slovakia

In the early of nineties the dual broadcasting system in the young country in the middle of Europe enabled to develop television broadcasting to the scale of what viewers previously even had not dreamed of. Commercial television broadcasting prevailed in five and a half million country. Private broadcasting gained control of the more than forty-year-old state-owned service of TV broadcasting and sent it to the role of a statistical margin. Confidence of the first one - and later followed by other private televisions - has grown faster than the numbers of audience. Directors with the influence of legislators, unbeatable managers determined the transmission time programs from a week to week. This is termed as finding the optimal time based on audience preferences. The result is today's big television chaos for the viewers, who, as a consequence of unpredictable changes in the broadcasting of televisions cease to be interested. For many years the most viewed channel has dropped to the level of underrated rivals and the panic, which it suddenly started, make them produce more fatal changes. All in the name of the audience and excellent numbers of boxes called people meters. The same problem also faces other post-communist country, the second part of the former Czechoslovakia, the Czech Republic. The paper focuses on analysis and evaluation of Slovak television sphere (partly in comparison with the Czech), which seems, after twenty years of dual broadcasting, to gather a real media competition. But not everybody likes it.

Power and transparency in political negotiations

Who gains legislative influence in early agreement negotiations (trilogues) between the European Parliament and the Council of the European Union? Practitioners from both institutions suspect that it is the other side. Meanwhile, critics point at trilogues’ lack of transparency. This article proposes that legislative power and institutional transparency are inversely related: Opacity makes an actor more influential in political negotiations. The argument is tested on a matched sample of legislative files from the 1999–2009 period. The findings suggest that the European Parliament became more influential in early agreement negotiations – where it became opaque vis-à-vis the Council. In such negotiations, the relative influence of the European Parliament substantially increased; by contrast, the European Parliament did not gain influence in negotiations where it remained transparent.

Power and transparency in political negotiations

Who gains legislative influence in early agreement negotiations (trilogues) between the European Parliament and the Council of the European Union? Practitioners from both institutions suspect that ...

Influence of the new mental health legislation in India.

This paper discusses the influence of the Mental Healthcare Act 2017 on mental healthcare in India. The new Act was introduced to meet the recommendations of the United Nations Convention on the Rights of Persons with Disabilities. Reforms proposed in the new legislation, challenges in their implementation and their effects on mental healthcare in the country are further discussed.