Projects / Programmes
Economic Analysis of Law and Legal Institutions in Slovenia as a New Member of the EU
| Code |
Science |
Field |
Subfield |
| 5.02.00 |
Social sciences |
Economics |
|
| Code |
Science |
Field |
| S180 |
Social sciences |
Economics, econometrics, economic theory, economic systems, economic policy |
MANAGEMENT, EFFICINECY OF SLOVENIAN ECONOMY, TAX SYSTEM
Researchers (5)
Organisations (2)
Abstract
After the accession to the EU, Slovenia will adopt (and is already adopting) EU legal rules, which are aimed at ensuring economic efficiency or maximization of economic welfare of Europe - many times on the account of individual new member countries. In such cases, the welfare interest of Europe is contrary to the partial welfare interest of Slovenia due to institutional differences and/or differences in economic development. Potential loss of economic welfare in Slovenia could be serious unless the country adapts relatively promptly to the new institutional conditions. A typical area, for example, is further intensive construction of economic and social infrastructure in Slovenia, where the EU accession brings about additional public finance and legal restrictions. In order to introduce competitive and concessional relationships in this field, it is necessary to first adopt domestic legal rules, including also the ones that are not directly the subject of European legal system. Therefore, it is essential to analyse legal rules and institutions in Slovenia, the existing ones as well as the EU rules that Slovenia should assume, particularly with regard to economic efficiency. To make it possible, legal rules should be analysed by economic tools. Worldwide and especially in the Anglo-Saxon countries, such tools have already developed, namely the Economic Analysis of Law, which deals with the issues indicated. The basic idea of the Economic Analysis of Law is as follows: if legal rules or institutions change in society, as a consequence, the incentives and motivation of social entities change as well, which affects economic and other decisions in general, and eventually, the economic results and social welfare (Mercuro and Medema, 1997). The Economic Analysis of Law is one of the basic tools which analyze law, however, the analysis is not all embracing as it is based primarily on economic efficiency of legal rules and institutions and it disregards justice, equality and other criteria for measurement of effectiveness and desirability of a particular legislation and legal institutions. In spite of the fact that the analysis is not all embracing, it enhances largely the understanding of law and opens new dimensions in the knowledge of law. Thus, it affects considerably the improvement of legal system of society and it contributes to the development of economic tools appropriate for studying social phenomena.
In Slovenia, the Economic Analysis of Law has not yet gained place in economics and/or law. The purpose of this basic project is to establish foundations for application of the Economic Analysis of Law in the fields of economy and law and to begin a systematic treatment of all fields of law in Slovenia on the basis of these foundations because the economic aspects of all spheres of social activity, in times of transition to market system with predominant private ownership and the EU membership, are becoming much more important than before. The indicated foundations and systematic treatment of the fields of law are to contribute to improved efficiency of law and legal institutions in Slovenia and therefore contribute to the welfare of Slovenian society, particularly in light of the EU membership. The systematic economic analysis would contribute to higher economic efficiency of law and legal institutions in Slovenia and therefore towards increase in the welfare in Slovenija, mainly in the light of EU membership. The purpose of this project is therefore to apply the Economic Analisys of Law to the torts and contracts, property rights, government intervention (especially in the filed of the supply of so called public goods) and legal institutions. The results of the analisys should contribute to increased economic efficiency of law in Slovenia (as a new EU member).
