Duplicidades, concurrencias e ineficiencias en el entramado institucional vasco

[ES]El trabajo parte de una clarificación del concepto de duplicidad funcional administrativa distinguiéndolo de las concurrencias y las ineficiencias, y plantea un enfoque selectivo a la hora de afrontarlas. Se analizan los ámbitos críticos para la aparición de duplicidades e ineficiencias y sus posibles causas, para, posteriormente, examinar los instrumentos jurídicos de que disponemos para evitarlas o encauzarlas valorando su efectividad en las políticas de ingreso y de gasto, y finalmente realizar propuestas. El trabajo analiza, asimismo, recientes iniciativas legislativas (ley municipal de Euskadi y ley de administración pública vasca) que prevén cambios significativos en la institucionalización interna y en las relaciones entre Administraciones Públicas, vascas valorando sus novedades e insuficiencias como instrumento para superar las duplicidades.

Linguistic Polarization and Conflict in the Basque Country

This paper investigates the relationship between linguistic polarization and conflict in the Basque Country. During the 40 years of Franco’s dictatorship the use of the Basque language was banned. Therefore, there may be some linguistic roots underlying the conflict in the Basque Country. We show that at the municipality level, linguistic polarization reduces the level of conflict. This finding is robust to various ways of measuring linguistic and ideological polarization and the inclusion of other covariates. In addition, we find that a high level of the stock of human capital is beneficial for reducing conflict intensity.

Optimal Minimum Wage in a Competitive Economy: an Alternative Modelling Approach

This paper analyzes whether a minimum wage can be an optimal redistribution policy when distorting taxes and lump-sum transfers are also available in a competitive economy. We build a static general equilibrium model with a Ramsey planner making decisions on taxes, transfers, and minimum wage levels. Workers are assumed to differ only in their productivity. We find that optimal redistribution may imply the use of a minimum wage. The key factor driving our results is the reaction of the demand for low skilled labor to the minimum wage law. Hence, an optimal minimum wage appears to be most likely when low skilled households are scarce, the complementarity between the two types of workers is large or the difference in productivity is small. The main contribution of the paper is a modelling approach that allows us to adopt analysis and solution techniques widely used in recent public finance research. Moreover, this modelling strategy is flexible enough to allow for potential extensions to include dynamics into the model.

The Black Box of Mutual Fund Fees

This paper re-examines the determinants of mutual fund fees paid by mutual fund shareholders for management costs and other expenses. There are two novelties with respect to previous studies. First, each type of fee is explained separately. Second, the paper employs a new dataset consisting of Spanish mutual funds, making it the second paper to study mutual fund fees outside the US market. Furthermore, the Spanish market has three interesting characteristics: (i) both distribution and management are highly dominated by banks and savings banks, which points towards potential conflicts of interest; (ii) Spanish mutual fund law imposes caps on all types of fees; and (iii) Spain ranks first in terms of average mutual fund fees among similar countries. We find significant differences in mutual fund fees not explained by the fund’s investment objective. For instance, management companies owned by banks and savings banks charge higher management fees and redemption fees to nonguaranteed funds. Also, investors in older non-guaranteed funds and non-guaranteed funds with a lower average investment are more likely to end up paying higher management fees. Moreover, there is clear evidence that some mutual funds enjoy better conditions from custodial institutions than others. In contrast to evidence from the US market, larger funds are not associated with lower fees, but with higher custody fees for guaranteed funds and higher redemption fees for both types of funds. Finally, fee-setting by mutual funds is not related to fund before-fee performance.

Informe titulado "Basque Democracy". Se trata de un ensayo sobre la historia vasca.

Fecha: s.f. (>1970 copia) / Unidad de instalación: Carpeta 45 - Expediente 2-30 / Nº de pág.: 36 (mecanografiadas)

Lengua y derecho a la educación en la Comunidad Autónoma del País Vasco : reflexiones jurídicas sobre el tránsito hacia un nuevo modelo

The article analyzes the legal regime of Euskara in the education system of the Autonomous Community of the Basque Country (capv). In the capv, the legislation recognizes the right to choose the language of study during the educational cycle. The students are separated into different classrooms based on their language preference. This system of separation (of language models) has made it possible to make great strides, although its implementation also suggests aspects which, from the perspective of a pluralistic Basque society on its way towards greater social, political and language integration, call for further reflection The general model for language planning in the capv was fashioned in the eighties as a model characterized by the guarantee of spaces of language freedom, and the educational system was charged with making the learning of the region’s autochthonous language more widespread. At this point, we already have a fair degree of evidence on which to base an analysis of the system of language models and we are in a position to conclude that perhaps the educational system was given too heavy a burden. Official studies on language performance of Basque schoolchildren show (in a way that is now fully verified) that not all the students who finish their mandatory period of schooling achieve the level of knowledge of Euskara required by the regulations. When faced with this reality, it becomes necessary for us to articulate some alternative to the current configuration of the system of language models, one that will make it possible in the future to have a Basque society that is linguistically more integrated, thereby avoiding having the knowledge or lack of knowledge of one of the official languages become a language barrier between two communities. Many sides have urged a reconsideration of the system of language models. The Basque Parliament itself has requested the Department of Education to design a new system. This article analyzes the legal foundations on which the current system is built and explores the potential avenues for legal cooperation that would make it possible to move towards a new system aimed at guaranteeing higher rates of bilingualism. The system would be sufficiently flexible so as to be able to respond to and accommodate the different sociolinguistic realities of the region.

Régimen jurídico de las lenguas y reconocimiento de la diversidad lingüística en el Tratado por el que se establece una Constitución para Europa

The territory of the European Union is made up of a rich and wide-ranging universe of languages, which is not circumscribed to the «State languages». The existence of multilingualism is one of Europe’s defining characteristics and it should remain so in the constantly evolving model of Europe’s political structure. Nonetheless, until now, the official use of languages has been limited to the «State languages» and has been based on a concept of state monolingualism that has led to a first level of hierarchization among the languages of Europe. This has affected the very concept of European language diversity. The draft of the treaty establishing a European Constitution contains various language-related references that can be grouped in two major categories: on the one hand, those references having to do the constitutional status of languages, and on the other, those regarding the recognition of European language diversity. Both issues are dealt with in this article. In analyzing the legal regime governing languages set forth in the draft of the constitutional treaty, we note that the draft is not based on the concept of the official status of languages. The language regulation contained in the draft of the constitutional treaty is limited in character. The constitutional language regime is based on the concept of Constitutional languages but the official status of languages is not governed by this rule. The European Constitution merely enunciates rights governing language use for European citizens vis-à-vis the languages of the Constitution and refers the regulation of the official status of languages to the Council, which is empowered to set and modify that status by unanimous decision. Because of its broad scope, this constitutes a regulatory reservation. In the final phase of the negotiation process a second level of constitutional recognition of languages would be introduced, linked to those that are official languages in the member states (Catalan, Basque, Galician, etc.). These languages, however, would be excluded from the right to petition; they would constitute a tertium genus, an intermediate category between the lan guages benefiting from the language rights recognized under the Constitution and those other languages for which no status is recognized in the European institutional context. The legal functionality of this second, intermediate category will depend on the development of standards, i.e., it will depend on the entrée provided such languages in future reforms of the institutional language regime. In a later section, the article reflects on European Union language policy with regard to regional or minority languages, concluding that the Union has not acted in accordance with defined language policy guidelines when it has been confronted, in the exercise of its powers, with regional or minority languages (or domestic legislation having to do with language demands). The Court of Justice has endeavoured to resolve on a case by case basis the conflicts raised between community freedoms and the normative measures that protect languages. Thus, using case law, the Court has set certain language boundaries for community freedoms. The article concludes by reflecting on the legal scope of the recognition of European language diversity referred to in Article II-82 of the European Constitution and the possible measures to implement the precept that might constitute the definition of a true European language policy on regional or minority languages. Such a policy has yet to be defined.

Apuntes jurídicos sobre el paisaje lingüístico en Euskal Herria

This paper is a study of place-names and signs in the Basque Country from the point of view of language law. These are matters that relate to both the status and corpus of language and contribute to the formation of the language landscape,» After a brief historical introduction, the author focuses on the factors that bear on signs and the language 1andscape: the cornpetence factor and the language factor. The description of the latter leads the author to a discussion of the existing language system, in which the Spanish and Basque sharing official status does not necessarily entail the obligation to use both languages at the same time. Using this discussion as a frame of reference, the au- thor analyses place-names, traffic signals and signs. As for place-names, the existing rules are deemed rigid and lacking in ambition, in that they do not pursue the dissemination of official Basque forms. In traffic signaIs, Basque has to appear alongside Spanish, which is required by Spanish legislation, although this bilingualism excludes place-names that have an official Basque form only. With regard to signs, the author analyses public premises, companies licensed to provide public services and the private sector. For public premises there is no specific regulation, but the status of Basque as an autochthonous language, together with the identification and informatíon purposes of signs, could support the exclusive use of this language, According to the author , companies licensed to provide public services should observe the same language system as the goverment and therefore promote the use of Basque. Finally, in the private sector, the author upholds the legitimacy of measures to promote Basque language use such as tax allowances and exemptions in advertising and commercial signs.