Search

This paper discusses the idea of the functioning of an independent fiscal institution (IFI) in Poland according to the EU's requirements. The first section provides an overall description of the institution. Section 2 provides theoretical insights into possible institutional models of IFIs which are established in the EU: the purpose is to discern what lessons can be learnt from IFI models in other EU countries. Section 3 discusses the legal basis of and standards in this area of public-sector control; section 4 addresses how that adoption would look in Poland. The objective of the article is to determine what the challenges in the Polish state fiscal policy are. [ABSTRACT FROM AUTHOR]

The purpose of this article is to determine the objectives of public finance law, which is part of financial law. The research problem is to answer the question of whether the findings regarding the objectives of a given branch of law can be useful in developing the specific axiology for that very branch of law. The article proves the hypothesis that the objectives of public finance law are closely linked to the protection of public values to be true. Hence, it was considered particularly expedient to apply axiological analysis of law to the study of axiological issues of financial policy, which plays a secondary role in relation to economic and social policy. [ABSTRACT FROM AUTHOR]

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Court of Justice of the European Union (CJEU) and its competence to interpret the EU’s primary law was particularly in focus during and after the financial crisis, when it decided on the validity of the Union’s recovery instruments in the Pringle, Gauweiler and Weiss cases. Therefore, this paper aims to analyse selected decisions of the CJEU (the Pringle, Gauweiler and Weiss cases), starting from the presentation of the socio-political context in which they were created. After the legal analysis of the CJEU’s argumentation in the selected decisions, the paper will present their impact on the development of the public finance law of the Union. Particular attention will be paid to the interpretative methods used by the CJEU. The aforementioned reflects in the structure of the paper. After the introduction, the second section comprises specific features of interpretation methods in the CJEU case law. The following section will focus on the socio-political context that preceded the selected CJEU decisions. The fourth section presents an analysis of the selected CJEU decisions and reviews the interpretation methods. The fifth section highlights the implications of the CJEU jurisprudence on the legal order of the Union, followed by concluding considerations. [ABSTRACT FROM AUTHOR]

The paper analyzes the tax relief for employment of new residents. In the first two parts, there is a legal analysis of Art. 15c of the Law on Personal Income Tax and Art. 15a of the Law on Contributions for Mandatory Social Insurance. Then, this tax relief will be examined in the context of the principles of tax law and public finance, especially the principle of tax fairness, the principle of tax efficiency and the principle of the stability of the tax system. The conclusion is that the problem of the outflow of highly skilled workers could not be solved by partial reforms of tax laws. A systematic solution implies a radical reform of the personal income tax, which would be firmly based on the principles of tax law and tax science. [ABSTRACT FROM AUTHOR]

Copyright of Zeszyty Naukowe UPH Seria Administracja i Zarządzanie is the property of Siedlce University of Natural Sciences & Humanities and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Brasileira de Estudos Politicos is the property of Universidade Federal de Minas Gerais (Revista Brasileira de Estudos Politicos) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prawo Budżetowe Państwa i Samorządu is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Research Papers of the Wroclaw University of Economics / Prace Naukowe Uniwersytetu Ekonomicznego we Wroclawiu is the property of Uniwersytet Ekonomiczny we Wroclawiu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The global financial crisis of 2008 undoubtedly had a significant impact on the constitutional regulation of economic and financial matters. As a consequence of economic downturn six EU Member States (Germany, Spain, Slovakia, Slovenia, Italy and Hungary) have amended their constitutions. With economic crisis caused by global pandemic of, the new discussion about constitutional fiscal policy rules is expected. New economic downturn is one of the most important challenges for the constitutional fiscal rules, which undoubtedly will verify their functioning and effectiveness. The main purpose of this paper is to find out if constitutional fiscal policy rules is a cure or trap in times of financial crisis. According to the hypothesis adopted, constitutional fiscal rules can be an effective tool. The article has the following structure. In the first and second part I describe constitutional fiscal rules. The third part concerns the method of constitutionalisation. Subsequently, I am focus on effectiveness of constitutional fiscal policy rules. The last part of the article contains conclusions. [ABSTRACT FROM AUTHOR]

The paper is based on a report from the budget for the period 2020-2023 which was prepared based on art. 35 paragraph (2) of Law 500/2002 on public finances, with subsequent changes and additions and is based on the deductions of the Fiscal-Budgetary Strategy for the period 2020-2022 and the provisions of the medium-term macroeconomic framework 2018-2023 (autumn 2019 provision). In this paper we presented the main developments of the macroeconomic framework in the reference period in the context of the international framework, the main goals and strategic priorities that Romania has to meet by 2023, and the changes that will be made for the budget deficit policy. to directly help economic development. [ABSTRACT FROM AUTHOR]

Copyright of Economic Annals-XXI / Ekonomìčnij Časopis-XXI is the property of Institute of Society Transformation and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

IRC 7701(0)(1) provides that the economic substance doctrine must adhere to a "two-pronged" or "conjunctive" test. In other words, there must be an inquiry regarding the objective effects of the transaction on the taxpayer's economic position as well as an inquiry regarding the taxpayer's subjective motives for engaging in the transaction. [ABSTRACT FROM AUTHOR]

The article deals with actual problems of the institutionalization of the modern Russian financial law as a branch of law. The problems of the modern concept of the subject of the financial law of the Russian Federation and the construction of financial law on institutional and pandemic systems are investigated. Approaches for the allocation in the financial law system of such entities as fiscal law and the issue law, and the right of monetary circulation, the rights of public revenues are presented. In conclusion, the author's presentation to the system of the financial law of Russia is given. [ABSTRACT FROM AUTHOR]

Copyright of Prawo Budżetowe Państwa i Samorządu is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Earmarks are an important tool of a legislators' reelection strategy, as they provide a prime opportunity to benefit their district and increase their chances at reelection. Yet, some legislators secure substantially more earmarks than others. Our study offers a new explanation for why this occurs. With limited legislative resources at their disposal, members of Congress are forced to make trade-offs in how they allocate their resources among legislative activities. In a world with resource constraints, members less engaged in earmarking are likely engaged in policymaking activities. We take advantage of new earmark and policymaking data to explore this hypothesized negative relationship between earmarking and policymaking effort. We find that legislators who exert greater effort on policymaking secure significantly fewer earmark dollars. [ABSTRACT FROM AUTHOR]

Highlights • We explore whether public disaster spending is influenced by government ideology. • We find that left-wing governments allocate more support than right-wing cabinets. • Nationalistic cabinets provide more disaster assistance than other coalitions. • Ideology cycles happen more frequently in political systems with direct elections. Abstract This study explores whether the public spending provided in response to a natural disaster is influenced by the political ideology of the incumbent government. We use a global panel of about 90 democratic countries. Political parties have different preferences regarding policies that redistribute income within a country after a natural disaster. The estimates of a dynamic panel model clearly indicate that left-wing governments allocate about 2.8 percent more public support per capita in the aftermath of a disaster than right-wing cabinets do. Besides, cabinets that consist of at least one nationalistic political party provide about 0.9 percent more disaster assistance than other coalitions. One explanation is that natural disasters may reinforce the feelings of voters related to the national identity and domestic solidarity. Finally, it turns out that the ideology effect is most visible in political systems with direct elections as it is easier to target affected voters in these systems. [ABSTRACT FROM AUTHOR]

Public procurement law lays out the processes and procedures that public agencies, authorities, or departments should follow when procuring work or service using public funds. The law stipulates the threshold at which public entities should use public procurement instead of private procurement. Effectively, public agencies spend a considerable amount of government revenue on public services. However, controversy exists on the relationship between government spending and private sector investment. It also remains unclear as to whether public procurement law improves financial management. Thus, the purpose of this study is to determine the relationship between public procurement law and the crowding-out effect, taxes, and finance. The study relies on quantitative research design where data was collected from a sample of 130 participants who comprised of public procurement officials, private investors, and the public. Using a questionnaire, the findings showed that public procurement law increases government spending that in turn crowds out the private sector instead of crowding-in. The need to fund projects often compels government to increase taxes and in turn incur budget deficits due to lack of adequate finances. However, public procurement laws enhance financial planning and control. [ABSTRACT FROM AUTHOR]

The State and Local Fiscal Assistance Act of 1972 appropriates $30.2 billion over five years to 38,000 state and local units of general-purpose government in the U.S. Under a grant from the Ford Foundation, the Brookings Institution has been monitoring the distributional, fiscal, and political effects of this program. The second of these three categories--fiscal effects--involves studying the uses of these funds by recipient state and local governments. [ABSTRACT FROM AUTHOR]

The article examines laws governing the publicly financed stadiums in the U.S., evaluates claims that stadiums are worthy public investments, and explains how teams' bargaining advantage over municipalities resulted in oversupply of public funds for stadium. Topics discussed include federal and state law implicated by using municipal bonds to subsidize stadiums; and purpose of state constitutional protections intended to prevent municipalities from lending public funds for projects.

Copyright of Prawo Budżetowe Państwa i Samorządu is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prawo Budżetowe Państwa i Samorządu is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prawo Budżetowe Państwa i Samorządu is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article offer information about laws governing private financing in public programs. Topics discussed including different approach to hybridization—one in which for profit investment and/or philanthropic donations to fund government; laws related to public-private partnership in the U.S.; and conventional divisions between for-profit, governmental, and nonprofit organizations.

Copyright of Studia Iuridica Toruniensia is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Pecuniae imperare oportet, non servire - money should be mastered, not served. This Seneca quote could be a short summary for the main rule related to financing of official controls. To reduce the dependency of the official control system on public finances, competent authorities of Member States should collect fees or charges to cover the costs that they incur. A self-financing system sounds like a perfect solution in theory; however, in practice it creates many legal issues that should be signalised, especially in the light of new provisions of Regulation (EU) 2017/625. [ABSTRACT FROM AUTHOR]

This article reports on the rules concerning Internal Revenue Code (IRC) 1035. IRC 1035 allows one to exchange life insurance policies and annuities tax-free. The focus of the article reports on the use of IRC 1035 in the case of the loss of a grandfathered position under another tax code rule. The modified endowment contract rules, which are a part of the Technical and Miscellaneous Revenue Act of 1988; the Split-Dollar Life Insurance Plans; and the Corporate Owned Life Insurances Best Practices act and their impact on IRC 1035 are discussed.

The article reports the U.S. congress intent of promoting preferred investment activities against unfavorable market forces through tax preferences. Topics discussed include substance of tax-preferred behavior in terms of the entire investment transaction; use of the Internal Revenue Code as a policy instrument through the implementation of tax preferences; and prevention of abusive tax shelters.

The article discusses how a taxpayer may contest a summons enforcement is to claim that the U.S. Internal Revenue Service (IRS) did not follow proper administrative steps when it issued late notice of a summons, violating Section 7609(a) of the Internal Revenue Code. Topics discussed include purposes of an IRS investigation of the taxpayer; laws concerning a third-party summons a mandatory requirement; and the U.S. Supreme Court's decision in the case 'United States v. Powell.'

Greece is thought to suffer from weak implementation of the law, including weak legislative monitoring and enforcement, a situation that undermines confidence in the rule of law. In recent years, increasing importance has been given to better regulation, namely the improvement of the quality of legislation with regards to state functioning. The purpose of this article is to examine the contribution of better regulation in the compliance of public entities with budgetary laws and regulations. The survey was the first such study to be conducted in Greece, and distributed questionnaires to auditors of the Hellenic Court of Audit, which is the Supreme Audit Institution charged with the authority to conduct external auditing of public entities and their executives. The survey results have confirmed the sense of weakness mentioned above, as most respondents considered the existing legislative framework of public financial management to be unclear, a situation that deterred compliance. Improved law design is expected to ameliorate compliance by public sector bodies, which apparently violate the law more due to its ambiguity and complexity rather than to any deliberate intention. Therefore, non-compliance should be better addressed through simplification of regulations rather than coercive enforcement. [ABSTRACT FROM AUTHOR]

Copyright of Acta Universitatis George Bacovia. Juridica is the property of George Bacovia University, Faculty of Sciences Economics, Juridical & Administrative and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)