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Edited by two of the world's leading analysts of post-communist politics, this book brings together distinguished specialists on the Baltic states (Estonia, Latvia and Lithuania), Poland, the Czech Republic, Slovakia and Hungary. The authors analyse the patterns of post-communist democratization in these countries, paying particular attention to the process of party formation, electoral politics, the growth of civil society, and the impact of economic reform on the emergence of interest groups. Karen Dawisha and Bruce Parrott provide theoretical and comparative chapters on post-communist political development across the region. This book will provide students and scholars with detailed analysis by leading authorities, plus the latest research data on recent political and economic developments in each country.
Estonia Business Law Handbook - Strategic Information and Basic Laws
Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Estonia deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Estonia. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
The Constitutional Courts of Small Jurisdictions identifies features and challenges common to the constitutional courts of small state jurisdictions in Europe. The constitutional courts of the following small state jurisdictions are explored: Andorra, Cyprus, Estonia, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, and San Marino. For each country’s constitutional court, the following matters are examined: the history of the court; its composition; its standing and the types of proceedings; jurisdiction of the court; procedural steps and rules; the nature and effect of the decisions rendered; relations with other courts (CJEU, ECHR, etc.); and current issues and future developments. The book concludes by identifying some common features and challenges that constitutional courts of small states are confronted with, formulating recommendations for other small state jurisdictions across the world. This book will be of great interest and use to practitioners and scholars working in and researching constitutional law in general, and constitutional courts in particular. It will be invaluable for those dealing with small states, as it pays attention to an often forgotten - but important - aspect of the rule of law, and thus also of democracy.
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
This book gives a comprehensive overview of the state of Artificial Intelligence (AI), especially machine learning (ML) applications in public service delivery in Estonia, discussing the manifold ethical and legal issues that arise under both European and Estonian law. Final conclusions and recommendations set out and analyze various policy options for the public sector, taking into account recent developments at the European level – such as the AIA proposal – as well as the experience of countries that have issued principles and guidelines or even laws for the use of ML in the public sector. “For two reasons, this study is relevant not only for an audience which is interested in Estonian administrative law. First, the authors base their legal analysis primarily on EU law and provide a state of the art-analysis of the relevant secondary legislation. This makes the book a reference text for the European debate on public sector AI governance. Second, this study is part of a larger research project in which four specific use cases of public sector AI have been developed and tested. The practical insights gained in these projects have provided the authors with an excellent understanding of the opportunities and risks of the technology, which distinguishes this legal analysis from similar enterprises.” Excerpt from the foreword by Professor Thomas Wischmeyer (University of Bielefeld)
European Union citizenship is increasingly relevant in the context of both the refugee crisis and Brexit, yet the issue of citizenship is neither new nor unique to the EU. Using historical, political and sociological perspectives, the authors explore varied experiences of combining multiple identities into a single sense of citizenship. Cases are taken from Canada, Croatia, Czech Republic, Estonia, Spain, Switzerland and Turkey. These examples of communities being successfully incorporated into one entity are exceptionally useful for addressing the challenges facing the EU today.