Importing the Law in Post-Communist Transitions

Importing the Law in Post-Communist Transitions
Author: Catherine Dupré
Publisher: Bloomsbury Publishing
Total Pages: 238
Release: 2003-03-14
Genre: Law
ISBN: 1847310451

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This book,one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export/import of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity, this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation. It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity. It highlights the Hungarian Court's instrumentalisation of imported law in order to lay the foundations of a new conception of fundamental rights. While focusing on the Hungarian experience, this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers' perspective.

Importing the Law in Post-Communist Transitions

Importing the Law in Post-Communist Transitions
Author: Catherine Dupré
Publisher: Hart Publishing
Total Pages: 239
Release: 2003-03-14
Genre: Law
ISBN: 1841131318

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This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.

Annual of German and European Law

Annual of German and European Law
Author: Russell Miller
Publisher: Berghahn Books
Total Pages: 568
Release: 2007-02-01
Genre: Law
ISBN: 1789206030

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German law has been of long-standing interest and increasing relevance around the world, but access for researchers and practitioners very frequently was limited by the necessity of German language proficiency. Offering English-language access to these fields, the Annual of German & European Law is a significant contribution to the global discourse on and study of German, European and Comparative law. Each volume presents: (1) articles – original, cutting-edge scholarship from the fields of German and European law; (2) jurisdictional reports – comments on the latest caselaw from Germany’s most significant courts and the case-law of the European courts having importance for Germany; (3) book reviews – surveying the most compelling recent literature (whether in the German or English language) in the fields of German and European law; and (4) translations – exclusive English-language versions of significant primary sources of German law, including statutes and court opinions). The first volumes of the Annual of German & European Law have attracted contributions from some of the most preeminent commentators, scholars and jurists in the fields, including, among others: Luke Nottage (Volume I); Juliet Lodge (Volume I); Alexander Somek (Volume I): Susanne Baer (Volume I): Renate Jaeger (Volume II): Günter Frankenberg (Volume II): Bootjan Zupanãiã (Volume II): Nigel Foster (Volume II) The third volume maintains this tradition of high quality, peer-reviewed scholarship with contributions expected from Gertrude Lübbe-Wolff (Justice, German Federal Constitutional Court) and Christian Joerges (European University Institute).

Product Liability Law in Transition

Product Liability Law in Transition
Author: Magdalena Tulibacka
Publisher: Routledge
Total Pages: 294
Release: 2016-04-08
Genre: Law
ISBN: 1317075390

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This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

Central and Eastern Europe After Transition

Central and Eastern Europe After Transition
Author: Wojciech Sadurski
Publisher: Routledge
Total Pages: 375
Release: 2016-04-08
Genre: Law
ISBN: 131716900X

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How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe
Author: Liviu Damşa
Publisher: Springer
Total Pages: 325
Release: 2017-01-03
Genre: Law
ISBN: 331948530X

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This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

Ecuador’s “Good Living”

Ecuador’s “Good Living”
Author: Carlos E. Gallegos-Anda
Publisher: BRILL
Total Pages: 318
Release: 2020-11-23
Genre: Social Science
ISBN: 900443951X

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Ecuador’s “Good Living”: Crises, Discourse, and Law by Gallegos-Anda, presents a critical approach towards the concept of Buen Vivir that was included in Ecuador’s 2008 Constitution, presenting new inductive theories that analyse the context and power relations that forged it.

General Principles of EC Law in a Process of Development

General Principles of EC Law in a Process of Development
Author: Ulf Bernitz
Publisher: Kluwer Law International B.V.
Total Pages: 479
Release: 2008-01-01
Genre: Law
ISBN: 9041127054

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What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

Neoliberalism and the Law in Post Communist Transition

Neoliberalism and the Law in Post Communist Transition
Author: Ioannis Glinavos
Publisher: Routledge
Total Pages: 228
Release: 2010-03-10
Genre: Business & Economics
ISBN: 1135150273

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This work examines ideas about the role of law and legal reform in the creation of market capitalist economies, focusing on post communist transition in Russia. Looking at the example of Russia, an enquiry is made into the wider relationship between democracy, regulation and the market in modern capitalism.

Regional Economic Issues--Special Report 25 Years of Transition

Regional Economic Issues--Special Report 25 Years of Transition
Author: Mr.James Roaf
Publisher: International Monetary Fund
Total Pages: 72
Release: 2014-10-17
Genre: Business & Economics
ISBN: 1498332188

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The past 25 years have seen a dramatic transformation in Europe’s former communist countries, resulting in their reintegration with the global economy, and, in most cases, major improvements in living standards. But the task of building full market economies has been difficult and protracted. Liberalization of trade and prices came quickly, but institutional reforms—such as governance reform, competition policy, privatization and enterprise restructuring—often faced opposition from vested interests. The results of the first years of transition were uneven. All countries suffered high inflation and major recessions as prices were freed and old economic linkages broke down. But the scale of output losses and the time taken for growth to return and inflation to be brought under control varied widely. Initial conditions and external factors played a role, but policies were critical too. Countries that undertook more front-loaded and bold reforms were rewarded with faster recovery and income convergence. Others were more vulnerable to the crises that swept the region in the wake of the 1997 Asia crisis.