Projects / Programmes
Legal and economic analysis of regulatory changes as a consequence of ageing of
population
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| 5.02.00 |
Social sciences |
Economics |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
| 5.02 |
Social Sciences |
Economics and Business |
Demographic changes, population ageing, legal protection of elderly, long-term sustainability
of social security systems, demographic fund
Researchers (26)
Organisations (3)
Abstract
As other European countries, Slovenia is facing major changes in the age structure of its population. Proportion of elderly population is increasing every year and this is bringing many challenges in different social areas of society. Due to changed age structure of the population changes will be needed in many areas, such as in education system and labour market, social benefits schemes, living environment and the areas of civil and political education.
Different social areas have detailed regulatory framework in place. Due to the ageing of population, regulatory framework of such different social areas will need to be adapted. Ageing of population affects various legal areas, such as social security law, labour law, family law, inheritance law, law of obligations, etc. Stated legal areas generally have their own separate legal framework in place and do not have any common points. Due to its effects, the reform of legal framework of elderlies may not be addressed individually by areas, but needs to be addressed comprehensively and systematically as a whole. Some of the stated legal areas already regulates the position of elderly, however these regulations are often inadequate and obsolescence. Currently adapted legislation is inadequate, as it does not take into the account the specific position of elderly and it does not have provisions in place to protect their legal situation, even though this would be necessary.
Economic capacity of society needs to be taken into consideration when regulating the position of elderly in specific society. All European countries are facing the problem of how to ensure sustainable public system of social insurance and are looking at alternative options on how to ensure financial stability for future generations. One of the fundamental questions arising from this problem is the question of division between the systems of public and private insurances. When preparing recommendations and propositions for improved regulatory framework of elderly, the economic effects that such proposed regulatory framework would have on the individual and on specific country, need to be taken into consideration.
Proposed research will be the first systematically review of the effects that the ageing of population has on the Slovenian regulatory framework as a whole. Research will review currently valid legislation, it shall identify its shortcomings, conduct research of foreign comparable legal frameworks and EU law and provide recommendations and propositions for the reform of regulatory framework of elderly. When researching and proposing needed improvements, the research shall not focus only on analysing individual legal areas, but shall form unified starting points for protection of elderly throughout the legislation as a whole and shall propose (in accordance with unified starting points) systematically reform of legislation, which shall assure comprehensive and systematic protection of elderly throughout different legal areas. The research is specifically original as it will be interdisciplinary, meaning that it shall include various distinguished legal and economic experts. The findings of the research shall be presented in two scientific monographies and in two scientific conferences with international participation. In legal scientific sphere, there has not yet been a scientific monography, which would systematically and comprehensively study the effects that the again of population has on the legislation, therefore these monographies shall present original contribution to Slovenian legal science.
Significance for science
Despite the fact that Slovenia is facing with the ageing of the population problematic more and more, there has never been a comprehensive legal and economic analysis of the effect, which the ageing of population will have for the regulatory framework. Within the project, we shall identify legal areas, which are affected by the ageing of the population and recommend the improvements of such area and the normative regulation of this area, in the event that the valid legislation does not regulate the identified areas at all. The originality of the research shall be in the fact that we shall approach the research systematically and comprehensively. This shall enable us to have a comprehensive insight in the researched area and unified legal regulation among the specific legal areas.
As a result of our unique comprehensive and multidisciplinary approach regarding the research, as this subject has not yet been studied comprehensively in Slovenia, nor in the EU, we expect to discover new approaches and new views, when facing legal challenges of populations ageing, which shall also present the basis for new research methods. In relation with the development of new research ways, it needs to be stressed that some other countries have already introduced a new independent legal area, namely so called Elder Law, which specializes in legal question related to the ageing of the population. This legal area is not mentioned in Slovenia at all. This research project will therefore present the basis for the development of new research area of law – the elderly law and the findings of such research will present the scientific basis for further legal and economic research of this area.
In Slovenian legal and economic sphere, a scientific monograph, which would comprehensively approach and address the challenges, brought to the sociality as the result of the population ageing, has not yet been conducted. Due to this fact, we shall present the findings of the research in two international scientific monographs. The stated monographs shall, in addition to the originality of contribution to science, present also a helping tool to the legislator with the reform of normative solution. It shall also be very beneficial to other parties, which shall cooperate in implementation of legal measures regarding the protecting of elderly (for example: courts, centres of social work, lawyers, notary, administrative organs). The theme of the first scientific monograph shall be The Role of the EU Institutions and the State with assurance of legal protection of elderly and the theme of the second scientific monograph shall be The Reform of the legal institutes of protection of elderly. During the duration of the project, we shall organize two international scientific conferences, which shall serve for the presentation of our research findings and for exchange of the expert opinion of all the participants.
Significance for the country
Despite the fact that Slovenia is facing with the ageing of the population problematic more and more, there has never been a comprehensive legal and economic analysis of the effect, which the ageing of population will have for the regulatory framework. Within the project, we shall identify legal areas, which are affected by the ageing of the population and recommend the improvements of such area and the normative regulation of this area, in the event that the valid legislation does not regulate the identified areas at all. The originality of the research shall be in the fact that we shall approach the research systematically and comprehensively. This shall enable us to have a comprehensive insight in the researched area and unified legal regulation among the specific legal areas.
As a result of our unique comprehensive and multidisciplinary approach regarding the research, as this subject has not yet been studied comprehensively in Slovenia, nor in the EU, we expect to discover new approaches and new views, when facing legal challenges of populations ageing, which shall also present the basis for new research methods. In relation with the development of new research ways, it needs to be stressed that some other countries have already introduced a new independent legal area, namely so called Elder Law, which specializes in legal question related to the ageing of the population. This legal area is not mentioned in Slovenia at all. This research project will therefore present the basis for the development of new research area of law – the elderly law and the findings of such research will present the scientific basis for further legal and economic research of this area.
In Slovenian legal and economic sphere, a scientific monograph, which would comprehensively approach and address the challenges, brought to the sociality as the result of the population ageing, has not yet been conducted. Due to this fact, we shall present the findings of the research in two international scientific monographs. The stated monographs shall, in addition to the originality of contribution to science, present also a helping tool to the legislator with the reform of normative solution. It shall also be very beneficial to other parties, which shall cooperate in implementation of legal measures regarding the protecting of elderly (for example: courts, centres of social work, lawyers, notary, administrative organs). The theme of the first scientific monograph shall be The Role of the EU Institutions and the State with assurance of legal protection of elderly and the theme of the second scientific monograph shall be The Reform of the legal institutes of protection of elderly. During the duration of the project, we shall organize two international scientific conferences, which shall serve for the presentation of our research findings and for exchange of the expert opinion of all the participants.
Most important scientific results
Interim report
Most important socioeconomically and culturally relevant results
