Las funciones de los consejeros independientes de las sociedades en México: Recomendaciones para el cambio a partir de las asimetrías existentes entre la práctica y la ley

The legal notion of an independent board member was introduced to the Mexican legislation in 2005. The goal was to improve the corporate governance of the corporations listed on the stock exchange. It was thought that including the independent board members would help to better represent the interest of the minority holders, as well as to increase the level of accountability. This article challenges these ideas based on 10 interviews carried out with independent board members. It finds that what the law says is far from what actuatly occurs: they lack of an adequate level of knowledge to perform their tasks, their degree of independence is severely limited by the criteria used to appoint them and they usually ignore essential corporate information, which impede them from participating effectively in the board sessions. The article suggests the creation of an independent board member’s association, a mechanism that, along with a mandatory certification system, would improve the way in which they perform their duties.     

Fiscal policy responsiveness, persistence, and discretion

This paper analyzes the different characteristics of fiscal policy using a two-step estimation procedure. First, we decompose both government spending and government revenue into three components: responsiveness, persistence and discretion. Second, we assess the determinants of these characteristics. Using data from 132 countries, our results show that fiscal policy is more persistent than responsive to economic conditions, which implies that the authorities may have less leeway in the short-run notably to curb spending behavior. In addition, countries characterized by greater fiscal persistence have less discretion and responsiveness. Finally, macroeconomic, institutional and geographic variables explain cross-country variation in fiscal characteristics.     

Is the Tax Collection Effort an Indicator of the Financial Condition of Spanish Municipalities?

ABSTRACT

The financial crisis beginning in 2007 drastically affected the financial resources of different governmental organizations, causing critical imbalances between resources and expenditure needs. This study aims to analyze whether the municipal tax collection effort in Spain could be an indicator of the financial condition of these institutions. As a preliminary step, a new methodology is used to assess their financial condition. We test tax collection effort as an indicator on a sample of more than 5,000 Spanish municipalities with fewer than 75,000 inhabitants. Results confirm that the budgetary solvency dimension is associated with the tax collection effort for all municipalities studied. Furthermore, in municipalities with populations of fewer than 5,000 inhabitants, the level of the tax collection effort is indicative of most of the financial condition dimensions.     

La constitucionalización del derecho en méxico

In this essay I defend the idea that the mexican legal order has been partially constitutionalized since the amendment to the first article of the Constitution in june 2011. I argue that some conditions of a constitutionalized legal system can be found in this rule. An analysis of those conditions is carried out through the work and in the end I discuss the matter of whether this constitutional change amounts to a new legal paradigm.     

Moderating Factors in Adopting Local e-Government in Spain

This study analyses the factors that influence citizens' intention to use e-government activities offered by municipalities in Spain. For this purpose, we developed a straightforward user behaviour model that considers the components of the TAM and DOI models simultaneously, harnessing their synergies and factoring in the role of citizens' trust. We also examined the moderating role that population size can play in the model's behaviour. Among the results we obtained, it is important to note that user trust not only improved the model's fit, but also showed a significant effect on intention of use for all the population sizes that we analysed. The other significant relationship for all the samples linked ease of use to perceived usefulness. For the other relationships between variables, we observed the moderating role of size for the populations we considered.     

Perilous semi-presidentialism? On the democratic performance of Timor-Leste government system

ABSTRACT

Timor-Leste chose semi-presidentialism as its government system to steer the country towards a democratic state. This government system became popular in the course of the ‘Third Wave’ of democratization, but has no other example in Southeast Asia. The Timorese Constituent Assembly was guided not by an appraisal of the virtues and pitfalls of competing systems, but by historical and political factors that led it to craft an institutional solution in line with significant features of Timorese society. Yet the specific form of semi-presidentialism adopted in Timor-Leste (‘president-parliamentarism’) is regarded in the literature as prone to instability. However, in spite of episodes of instability, the conclusion emerging from three consecutive presidencies is one of positive steps in democracy-building and consolidation. This is mainly due to the emergence of ‘independent’ presidents who have sought power-sharing arrangements and promoted inclusive governance.