Importancia Del Derecho

Machine Translated by Google
Royal Academy
of Economic Sciences financial and
Importance of law
and trends disrupting the legal system
This publication has been made

possible thanks to
in collaboration with
Barcelona 2011
Publications of the Royal Academy of Economic and Financial Sciences
Kuzmanovic, Rajko
Importance of law and trends disrupting the legal system/ admission speech at the Royal Academy
of Economic and Financial Sciences... Rajko Kuzmanovic and answer... Alfredo Rocafort Nicolau.
Bibliography
ISBN-13 978-84-615-0428-2
I. Title II. Rocafort Nicolau, Alfredo III. Collection
1. Academic discourses 2. Comparative law
K583
The Academy is not responsible for

the opinions expressed in its own
publications.
(Art. 41 of the Regulation)
Publisher: © Royal Academy of Economic and Financial Sciences, Barcelona, 2011
ISBN-13: 978-84-615-0428-2
Legal deposit: BB-23224-2011
Registration number: 11/48959
This publication may not be reproduced, in whole or in part, without prior written permission from the publisher.
All rights reserved.
Print: Ediciones Gráficas Rey, SL—c/Albert Einstein, 54 C/B, Nave 12-14-15 Cornellà
de Llobregat—Barcelona
Publications of the Royal Academy of Sciences

economic and financial
Importance of law
and trends disrupting the legal system
Entrance speech at the Royal Academy of Economic Sciences and Financial read,
on May 31, 2011
by the President of Academy of Sciences and Arts of the Republic of Srpska
HE. MR. DR. Mr. RAJKO KUZMANOVIC
And response from His Excellency Mr. Academic Number
HE. MR. DR. Mr. ALFREDO ROCAFORT NICOLAU
Barcelona, May 2011

Summary
Entrance speech at the Royal Academy of Economic Sciences and

Financial read on May 31, 2011 the
by Corresponding Academician for the Republika
Srpska
ABSTRACT .................................................. .......9
IMPORTANCE OF LAW AND TENDENCIES DISRUPTING THE

LEGAL SYSTEM 1. Origin and importance of law and legal
system. . . . . . . . . . . . . . . . . . . 11 of creating law and legal
3. Legal measure and standards order. . . . in. . legal
. . . . system
. . . . . .12
. . 2.
. . Contemporary
. . . . . . . . . . . . ways
......
.14 4. Occurrences .16that disrupt the contemporary legal system. . . . . . . . . . .
Speech in response by the Academician of Number

EXCMO. MR. DR. Mr. ALFREDO ROCAFORT NICOLAU
Speech. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
Publications of the Royal Academy of Economic and Financial Sciences. . . . .35
5

ABSTRACT:
Law and legal science were constituted as an arranged system and social
order over a long time, following many millennia of historical development. Law
has been created gradually and incessantly; it is not a completed category but is
subject to constant changes and development, in accordance with general social
development. Law has a great importance, because it became a pattern of
human behavior and an irreplaceable regulator of regulations and processes of
social life of men. It has introduced legal order for all people on the planet, in
accordance with every state and nation. If there was no law or legal order the
world would be lost in chaos and certainly there would be no organized society.
Law has been formed as coherent and consistent unity and has become an
important backbone of stability of mankind.
However, contemporary legal systems did not manage to withstand the
negative, out-of-law influences, with the Constitutions, laws and other general
enactments largely departing from classical legal standards, thus being deprived
of quality, content and form. Legal measure that has been in place for centuries
was lost.
Legal situation in most countries of the world, and especially in the
countries of the Balkans, and in BiH in particular, is disorderly, inefficient and
dysfunctional, and hence does not provide legal security to citizens or institutions.
Numerous negative tendencies have arisen, the most important of them being:
simultaneous existence and application of a number of legal systems in the
country, penetration of the Anglo-Saxon law in Euro-continental legal system,
fetishization of legal norms, etatism in law and legal regulations, politicization of
legal system, excessive norming, proliferation of law and regulations,
absolutization and individualization. All the mentioned negative occurrences have
a disruptive effect on law and legal system. Therefore it is time that further
erosion and simplification of law be brought to an end.
Key words: Law, norm, legal system, legal order, legal measure, state,
democracy, act (law), Constitution, harmonization, etatism, excessive norming,
proliferation and politics.
9
IMPORTANCE OF LAW AND DISRUPTING TRENDS

THE LEGAL SYSTEM
1. ORIGIN AND IMPORTANCE OF LAW AND LEGAL SYSTEM
Law was not created instantly, by social practice. It has been created and
is still being created systematically, gradually and continuously, which means
that law and legal system are not completed categories. In parallel to the
development of a society, the state organization is being perfected and improved
and legal norms are created, as the basic fabric of law.
Law is a great accomplishment of civilization and a great act of people,

their mind and intellect. It was constituted as normative set-up, and it has become
an order of human behavior or the system of rules. Actually, law has become an
irreplaceable regulator of relations and processes of man's social life. Only after
the creation of the state, even in its most rudimentary form, and when the
possibility was created for using legal physical coercion, conditions were met for
such a legal legacy. Thus, the origins of the state and the law are parallel in time
and are constantly interacting, and can hardly exist one without another.
Nevertheless, law has managed to secure its relatively independent existence
within a state, therefore it was constituted as a system taking a significant place
in the system of different normative orders. Compared to the state, law managed
to demonstrate its democratic superiority, because there is a generally accepted
belief that the state must be legal, which means subjected to law, and that all
enactments passed by the state must be based on law and protect human rights and freedoms.
Law, as science and as positive law, is a historical legacy of mankind. It

has introduced the legal order for all people on the Planet, legal order that is
compatible with each individual country and each nation. Fundamental law, with
its generally accepted principles and standards, has seen a gigantic growth.
There have been three big movements that especially contributed to the
development of law throughout history. The first one was the rise of the Roman
civilization and of the imposing Roman law which will never be surpassed and the principles, rules
eleven
and standards of which still prevail in Europe. Another movement is related to the
onset of the bourgeois society and the modern law, and the third one with the
creation of the new world order and the modern international and domestic law
that are nowadays on the rise. Each of the mentioned three movements gave new
impulses to the law thus generally contributing to the protection of man. However,
each of them also had the elements of disruption of the law, and this primarily
concerns the latest stage of law and legal science. Law is nowadays increasingly
at jeopardy, because there is a tendency to place it in the service of the ruling
circles, instead in the service of man.
Law must be in the service of man and preservation of his rights and free
doms. This is accomplished by creating the rules and principles of general legal
order, which regulate the relations between man and the society, man and man,
institutions and the man. Those rules are the same and apply to everyone.
Organized society is inconceivable without law. Like there is the cosmic

order in the nature, in the same way, there is legal order in a society. If there was
no law, legal order and establishment, the world would be lost in chaos, nothing
would be secure. Fear and insecurity would be man's constant companions. It is
in that security, both personal, collective and security of property, that the immense
importance of law is contained.
2. CONTEMPORARY WAYS OF CREATING LAW AND LEGAL ORDER
Law in general, and contemporary law in particular, is not a static category,

but dynamic, as it constantly develops and changes, in accordance with general
social, technological and spiritual development. It is an obviously organized
science and activity. Power and force of the law are contained in the will of the
people, intention of the legislator, in internal cohesion, legal form and power of the
state. Law proves to be, at every place and at any time, a fundamental and
dynamic part of society. The fundamental part of the law comprises principles,
categories, verified maxims and classical norms that are a basis of any national
and even international law. The dynamic part of the law – legal science and
practice, is comprised in social order, legal order and legal system. These categories
12
are constantly perfected, improved, and even changed. Their dynamics cannot
imply ephemerality or susceptibility to rapid changes, because in that case legal
insecurity would be created. Dynamics of legal system is reflected in constant
building of legal norms of positive law and in application of those norms or even in
anticipating new progressive relations and processes in the society. Thus, the circle
of building legal system is never closed, nor do the processes evolve hap hazardly,
but they are subjected to a legal order.
The modern way of creation of law differs a lot from the traditional Roman
and bourgeois law. The classical traditional way of creation of law was strict and
well thought-of, with its source precisely defined. It was precisely defined what the
materia constitution is , who was passing such enactments and what kind of legal
force they have. It was also defined what materia legalis was and what materia
sublegalis
Building of the legal system, and then of the legal order of any state is most
closely associated with the building of the state as a social community. Any society
has its specific legal order, with some common – fundamental bases that are valid
for all countries and legal systems.
In the contemporary manner of creation of law and legal system some

values must be identified, that are closely related and that comprise the basis of law.
Those values are social order, legal order and legal system.
Social order or social set-up represents the set of all social relations: social
norm, actual behavior of the people and social values. It comprises specific orders
too, such as religious order, economic order, political order and legal order.
Legal order is a part of social order, regulated by law. Legal order comprises
all legal enactments of the country: constitution, laws and by-laws connected into a
consistent system. Legal order does not only comprehend legal norms, but also
human behavior in accordance with those norms. It is not static, but it changes –
one legal order arises replacing the old one.
13
Legal order is a set of all general legal norms of positive law of a country,
arranged according to their contents, and it represents a coherent and non-
contradictory whole. Laws, as a general concept for all types of legal norms, their
order, hierarchy and contents are pivotal to building the legal system. It is very
important that legal system be constituted to the measure of the citizens and the
character of social and legal order.
Contemporary legal systems did not manage to withstand out-of-law

influences, therefore, the laws and other general enactments to a large degree
departed from classical legal standards, practices, legal form, and even contents.
Legal measure has been lost, and politicization of law, out-of-law standards and
obvious departure of positive and natural law are more and more present. This all
leads to non-respect for the authority of law and the presence of rule of lawlessness.
There are many laws in the contemporary legal systems that do not have full
application and legal effect. The quality of laws is often questionable, because
they are proposed and even enacted by non-competent people and incompetent
institutions. Very often the laws are not in line with the Constitution, which makes
the constitutional courts extremely busy. All this has a weakening effect on the
legal system and creates mistrust of citizens in law and the state.
3. LEGAL MEASURES AND STANDARDS IN LEGAL SYSTEM
Unlike the natural law, which is perfect and subjected to the regularities of
natural laws, positive law, due to its dynamism – passing of the new and replacing
of the existing laws and other general enactments, even the Constitution, becomes
imperfect and incomplete.
It is very difficult for positive law to be perfect, because each new generation
wishes to shape the form of the government and legal order according to its
feelings and needs. In that process many people forget that there are some
principles, such as caryatides of law, that are applicable for all times. Such
principles represent measure in law, therefore, legal order, which is above that measure or
14
below it is not stable and has to make place soon for the system that adheres to
those measures.
Social changes in the modern world take place quickly and each political
group that comes to power, in any country, wishes to transform its political ideas
into legal rules, thus resorting to amendments to the laws and the constitution
and their replacement with the new ones. All this leads to the departure from
established legal principles, legal form and the quality of legal enactments. It
happens quite often that laws are drafted by whoever wants to do it, and to
whichever degree they want to, resulting in the laws being deprived of both their
contents and form, and even more importantly, of their authority. Thus, law, as
harmonious unity and a stable order, found itself under constant questioning and skepticism.
Actually, unlike many other areas of social life, law has been forced to move and
function unevenly, cyclically, with measure or without it.
The issue of measure, legal and general, imposes itself in this whole
complex of issues around the position of the law. As long ago as in the Ancient
Times, the great Horatius wrote: “There is a certain measure in things and there
are finally the set limits beyond which law cannot exist”. Heraclitus, however, sets
the measure in everything, in the cosmos, saying that the world is the same for
every one, the fire being kindled in measures and extinguished in measures. And,
finally, as pointed out by Protagoras: “the man is the measure of all things”.
Let us remain with the issue of the measure in law. Is there a measure and
the limit today over or below which it is not good to go? If that limit is crossed or if
it is left far above us, then there is no law there, and law is the guardian of the
truth, justice, peace and freedom. Measure is safeguarded by way of the
constitution and the law, and the measure in law is primarily reflected in the fact
whether there are too few or too many laws in the country, who they are passed
by and how, and whether and how the laws are being applied.
Therefore, if there are too few laws, the legal measure is disrupted, so that
some relations that have already been created are not legally protected. Likewise,
the legal measure is disrupted if there are many laws that prescribe every single
fifteen
thing, as this restrains the man's freedom. Examples for one and for another
case are not hard to find. A typical example is a legal system in former
Yugoslavia, which did not have the measure either with regards to the volume
(size) or the quality of laws and the constitution. Thus the Law on the Associated
Labor had almost 400 Articles, and the Constitution of 1974 had 405 Articles
and was the biggest in the world. Laws and other enactments (self-management
enactments) were multiplied, therefore, in the 80s of the 20th century, about
8,000,000 general enactments were in the function in SFRY (constitutions,
amendments, laws, stat utes, decrees, social covenants, self-management
agreements and other general enactments). And really, one can rightly say that
in this case the legal measure was absolutely lost. Similar trends according to
which legal measures were disrupted can be found in many countries of the
world even today, and especially in the countries in transition. A whole scale of
negative tendencies are present, which flagrantly disrupt the legal system and law as scientific dis
4. OCCURRENCES THAT DISRUPT THE CONTEMPORARY LEGAL

SYSTEM
Legal situation in most of the countries of the world, including the

European countries, as well as the legal situation in Bosnia and Herzegovina
and the Republic of Srpska, in that European environment, is quite disordered,
imperfect and dysfunctional. The legal systems are multifaceted, too large and inefficient.
Such a confusing legal situation leaves the citizens, as well as the organizations
and the institutions and even lawyers who are the most competent to guide,
interpret and apply regulations, perplexed. The prevailing deficiencies of the
most legal systems imply their excessive size, non-functionality and imprecision.
The reasons for their existence are multiple, mostly due to the belief of those in
power that any, even the slightest economic, political or social issue may be
resolved by passing of a law or another general enactment. Under such
circumstances of hyperproduction of legal regulations with predominantly poor
contents, and even poor legal form, a number of negative occurrences take
place, accompanying the creation and application of the law and legal system.
Most important and most frequent negative trends include: simultaneous
existence and application of a number of legal systems, penetration of the Anglo-Saxon legal syst
16
European legal system, fetishization of law and legal system, politicization of

legal system, excessive influence of the state on law and legal regulations,
excessive norming, proliferation and absolutization of law and legal system.
a) Simultaneous existence and application of a number of legal systems.

The trend of existence of a number of legal systems in a single country appears
in many countries, especially in those that frequently changed their form of state
governance and that were under the influence of big countries and forces.
The best example for that is provided by the countries of the Balkans, with Bosnia
and Herzegovina as the most typical example, and hence the Republic of Srpska
too. In those countries history has left the traces of many different systems many
of which are still visible today. The traces of legal legacies range from those of the
Sharia Law, through Austro-Hungarian, the law of the Kingdom of Yugoslavia, the
law of socialist Yugoslavia, to the current legal system of Bosnia and Herzegovina
and the Republic of Srpska, and the international law, especially the European
Union Law, and even the precedent – Anglo-Saxon Law. Thus, there are presently
in the Republic of Srpska and Bosnia and Herzegovina almost eight legal systems.
It is true that some of them are used to a very little degree, for example, the Sharia
Law and the Austro-Hungarian Law. In such circumstances lawyers, citizens,
organizations and institutions are overwhelmed with different legal regulations,
fortunately most frequently of very low quality. Harmonization and objectivity of
legal interpretation and deciding is difficult to achieve. In fact, that trend and the
existence of several legal systems is utterly negative, forcing the legislator of any
country to upgrade their contemporary legal system more quickly, making the old
systems completely marginal when it comes to application.
b) Penetration of Anglo-Saxon Legal System. The European Law School

is stable and fundamental primarily for the European countries, and then for all
the countries of the world without predominant American influence. The European
or the continental law is the fundamental law built on the basis of the best legal
maxims of the Roman law. It is clear, precise, theoretically grounded with clear
norms and adequate nomotechnical and general form. The language of the
European pean law is clear, without surplus tautological expressions, without
essay-like or casuistic expression. This law is affirmed by the entire Pleiades of renowned legal
17
theoreticians, starting from Jelinek, Kelsen, Radbruch, Weber, Birdeau to Perovic,

Popovic and Markovic.
On the other hand, Anglo-Saxon or precedent law is utilitarian, casuistic,

essay-like and often imprecise and incomplete. There are norms in it (laws and
other enactments) that can be implemented in more than one ways, but each of
them should suit the ruling elite. The same norm and the same act are condemned
in one case and in another case affirmed. In such a situation there can be no legal
security for citizens or institutions.
At the end of the 20th century, with the rising of globalization and creation
of a unipolar world, the Anglo-Saxon law started aggressively penetrating into the
European legal system, especially in the countries of the Balkans, and then in
other European countries through the European Union and the so-called com
munitarian law or, acquis communautaire. Bosnia and Herzegovina is a country in
which the classical Euro-continental law has been suppressed, under the strong
influence of precedent law. Thus, the current Constitution was drafted in Bosnia
and Herzegovina, which is by its form, a copy of the American Constitution, and
which is far away from the European legal school. Most laws were written in this
way. More than one hundred of laws imposed by the High Representative were
written in non-legal style.
Therefore, the presence of Anglo-Saxon (precedent) law is a confusing

tenency which disrupts and complicates our Euro-continental law, to say the least.
It would be good if the legislative bodies did not accept the Anglo-Saxon legal
technique and stuck firmly to the Euro-continental legal technique.
c) Fetishization of legal norms. Most legal theoreticians consider

fetishization of legal norms as one of the negative tendencies present in the legal field.
This is particularly present with enacting of the constitutions and system laws in
autocratic and quasi-democratic systems. The constitution-drafter may place
whatever he deems fit under the constitutional umbrella and then proclaim that
such a constitution is indisputable and that the constitution and the similar laws
are to be applied because only in that form they are capable of dealing with the
normed social problem .
18
It is true that the Constitution cannot be modified at anyone's convenience, but

it is also true that it is not indisputable, that is to say, that it should not be changed if
incomplete or if the circumstances of the society have surpassed it.
Therefore, the fetishization of legal norms should be taken with due caution cum
grano salis. Fetishization could be accepted if the state was legal and moral and if
the norms are a result of general will of citizens. However, it must not be accepted in
most of the countries of the world, because the law and the Constitution are often
passed (octroyed) without the will of the citizens.
d) Etatism of law and regulations. Etatism of law and regulations is present

with passing or amending the constitution or the law. It is present in almost all the
countries of the world, and especially in autocratic and quasi-democratic systems,
which are the most numbers in the world. The state wishes to centralize passing of
the laws, most frequently in two ways. Firstly, by dictating whether some law is to be
enacted or not, when it will be enacted and what its content will be. The rate of
adoption of laws depends on the interests of the country and the ruler in their
adoption. Secondly, the contents of the norms of any law, and especially of the
constitution, is always in favor of the state – the ruling establishment, and to a lesser
degree in favor of citizens.
Etatism attempts to change the relationship between the country and the law,
so that law resembles the state, without the state becoming legal.
e) Politicization of legal system. There is an important difference between

etatism and politicization of law and legal system. Etatism means involvement of the
state in law, while politicization means that every law, even the Constitution, must
suit the interests of the political platform of the party in power. Politicization of the
legal system has encroached upon the very essence of law. Political parties, be in
position or in opposition, are designers of the politics and create the legal profile of
state as well as the political-ideological contents of the law (spirit of the law). They
especially introduce the political views in the Constitution, so that the Constitution
becomes not only the legal but also a political instrument. Usually, the content of the
Constitution is political and the legal form. Law is being more and more politicized,
and there are numerous examples to substantiate that. The entire European Union
legislation – legal instruments of the European Parliament,
19
of the Parliament of the Council of Europe are utterly politicized, and this is the
case with Bosnia and Herzegovina too, where the Constitution and all the laws
are an expression of political settlement and political compromise. If we look at
the work of Bosnia and Herzegovina Parliamentary Assembly or the Republic of
Srpska National Assembly, we will clearly see that a debate is conducted and the
laws adopted in a way that is the best suited to the ideological concept of the
political party (or parties) that has the majority in Parliament. The opposition most
frequently votes against a law, not because of its legal deficiencies, but because
of the political nature of the law that is contrary to its interests. We are aware that
certain politicization of the law cannot be avoided, however the excessive one is
harmful both for law and citizens.
f) Excessive norming. Excessive norming is clearly shown in all the

countries in transition and especially in the countries of former Yugoslavia and
in Bosnia and Herzegovina in particular. In the last dozen years or so, it became
a matter of fashion to enact a multitude of regulations, with a false hope that
every social problem, relation or issue will be solved if normed or transformed
into a Constitution, law or another legal regulation. or general enactment. High
level of excessive norming, which is characteristic for modern social development,
has many negative repercussions. The first negative repercussion is in excessive
norming itself, because rules of conduct are imposed for simply everything,
immoderately and unnecessarily. In this way thousands and thousands of
regulations are being created. Another negative effect is in big alienation between
people, as they are countered daily and in every situation a regulation that
decrees, forbids, orders, directs, punishes, gives or takes something away.
People are caught in that vortex of regulations. They become frustrated, robotized,
alienated and some of them even scared. The occurrence of excessive norming
started manifesting itself vig orously back in the seventies of the last century,
when Professor Jovan Djordjevic, the renowned constitutionalist, reacted to it by
saying: “It is better to leave certain relations unregulated, than regulate them in
the wrong , excessive, premature or irrational way. It is wiser and more humane
to leave the people to solve many issues by themselves, than constantly impose some solutions to
f) Proliferation is a tendency that accompanies and that is the other side

of excessive norming, because it has the same result to enlarge, almost daily, the
twenty
area of legal regulation and increase the number of legal instruments. Proliferation
appears almost with all laws and constitutions. Namely, very soon after passing
of a law or a constitution, due to quick changes in relations or politics, the laws
are amended or replaced or some other regulations or other enactments are
passed on the basis of that law so that it can be implemented, which multiplies
the number of regulations that need to be applied. There are examples where one
law is amended a dozen times or that based on the law a dozen implementation
or directing enactments are passed (such as decrees, orders, rulebooks). A good
example of proliferations is presented by the Republic of Srpska Constitution,
which was amended 14 times, with 115 amendments adopted.
f) Absolutization and individualization represent a very serious obstacle

to the building of a legal state and consistency of legal system in Bosnia and
Herzegovina. These are the legal instruments and particularly laws, personally
imposed by the High Representative. In the last ten years several hundreds of
such instruments were enacted. They are really a foreign body in the legal system
of Bosnia and Herzegovina. It is time that disruption and burdening of the legal
system stop, and that all the enacted instruments be reviewed by a legislative
body, Bosnia and Herzegovina Parliamentary Assembly. The constitution and the
laws were also oc troyed by the High Representative, who thus became
constitution-drafter and leg islator. The country is turned into a protectorate, and law is completely n
g) Simplification of law. All of the above-mentioned negative trends

resulting in disruption of law and the legal system, like many others, drastically
simplify law and legal system, thus causing big harm to legal science and culture
of law and citizens. Simplification especially relates to the content and the form,
as well as to the language of law. The contents is being simplified, by rendering
the norms unclear, descriptive and imprecise. On the other hand, laws themselves
acquire a form similar to an essay, with the language inappropriate to a legal in
instrument mostly, populist.
It is obvious that contemporary law and legal systems are facing big
problem lems in preserving their particularly important status and re-establishing
the mechanisms of protection of citizens and institutions, so that they can exercise
their own rights and freedoms. There are many negative factors imposing them-
twenty-one
selves on law, so it is high time the intellectuals, and lawyers in particular, stood
up against it and energetically demand from the political factors, especially the
Constitution-maker and legislator, to restore such social position and authority to
the law that it deserves .
22
Response speech by the Academician of Number


Your Excellency Mr. President,

Your Excellencies Academicians,
Most Excellent and Illustrious Authorities,
Ladies and Gentlemen:
Replying on behalf of this Royal Corporation to the speech of Dr. Rajko

Kuzmanovic, Corresponding Academician for the Republic of Srpska - the Bosnian
Serb Republic - constitutes for me an inestimable honor, but, at the same time, a
challenge and a risk, because I want my words to live up to such an outstanding
personality. I couldn't say if Dr. Kuzmanovic stands out more for his qualities as an
intellectual, as a teacher, as a researcher or as a politician. I thank, for all this, the
Hon. Mr. President, the one who has appointed me to respond to Dr. Kuzmanovic's
introductory speech.
Although it is not easy to define such a brilliant career in a few words, I am

going to try to carry out a brief synopsis of his professional career and his most
relevant academic and scientific achievements.
Rajko N. Kuzmanovic, born in Celinac, Bosnia and Herzegovina, graduated

in 1964 from the Zagreb Law School, specializing in Administrative Law. He also
studied Philosophy at the Faculty of Philosophy in Zagreb, obtaining the title of
Professor of Pedagogy and Sociology. The thesis that he defended at the Zagreb
Law School was entitled “Legislative work of the Provisional People's Assembly of
the Federation of Yugoslavia”. In 1980 he obtained the degree of doctor of
philosophy at the Mostar Law School, dealing with the subject of his thesis on the
“Place and function of the Provisional Legislative Assembly in the creation of the
New Yugoslavia”.
In the field of politics, and above all cultural politics, Professor

Kuzmanovic has held different positions: mayor of the municipality of
Celinac, director of the secretariat of Education, Science and Culture of the
municipality of Banja Luka, member of the Executive Committee of the city of Banja
Luka, Secretary General of the University of Banja Luka, President of the
Constitutional Court of the Republic of Srpska, President of the Republic of Srp
ska from December 2007 to November 2010, Corresponding Member
25
elected to the Republika Srpska Academy of Sciences and Arts since June 1997, full
member of the Academy since 2004 and President of the Academy from 2000 to
2008, regular member of the Duke International Academy of Humanities and Social
Sciences of the Russian Federation, a member of the World Academy of Sciences
and Arts and of the Balkan Academy of Science and Culture, a member of the
European Academy of Sciences and Arts, as well as a member of the Russian
Academy of Natural Sciences.
In the field of teaching, he has been a professor at the School of Law since
1975, the year it was founded, going through all levels and ending up as professor of
Constitutional Law and Political Systems. He has been Dean of the School of Law
from 1983 to 1985 and from 1996 to 2000, President of the University of Banja Luka
for two terms, Honorary Professor of Constitutional Law and Political Systems at the
Mostar and Mostar Law Schools. Priština, at the Faculty of Philosophy of Banja Luka,
at the College of International Affairs and at the School of Economic and Legal Affairs
of Banja Luka.
He has participated in international forums in Paris (1986), Kony (1990),

Strasbourg (1992, 1997 and 2000), Cavtat (1986), Dubrovnik (1980, 1981 and 1982),
Moscow (1981), Katowice (1989), Brussels (1999), Stockholm and Uppsala (2006).
He has held, among others, honorary positions in various universities and High
Schools in Banja Luka, and has been a member of the Parliament of Bosnia and
Herzegovina.
His extensive professional experience has earned him international recognition

from various institutions: he has received, among others, three decorations from the
President of the Socialist Federal Republic of Yugoslavia, the First Class Njegos
Medal, the Order of Honor with Red Rays (Republic of Srpska), medals from the
universities of Banja Luka, Kony (Turkey), Katowice (Poland),
Ostravi (Czech Republic), the Order of Peter the Great 1st Class (Russian
Federation), the Star of the Order of Saint Sava 1st Class (Synod of the
Serbian Orthodox Church), the First Degree Justice Medal of the Association
World Lawyers, Knight Order of Science and Arts Academy
of Natural Sciences, decorations from a whole series of cities, the
26
Golden Coat of Arms of the city of Banja Luka and, for his scientific work, the
plaque of Veselin Masleša
Professor Kuzmanovic has 21 publications on constitutional issues and

educational systems and some 200 scientific papers.
Professor Rajko Kuzmanovic has given us today a master class on a topic

that currently has enormous social and political repercussions: Law as the
foundation and framework of any society and the trends that are disrupting the
legal system. Although it is true that some of Professor Kuzmanovic's reflections
refer specifically to his country, most of them can be applied, within a certain
analogy, to Spain and many other democratic countries,
If I had to highlight any idea from the speech we just heard, I wouldn't be
able to choose. I think I would have to slowly repeat each and every one of his
words, as they are all of the utmost importance, letting them rest in my mind. I
am going, for reasons of time, to limit myself to a few, chosen almost at random.
random.
“If it were not for the Law and the legal order, Professor Kuzmanovic tells
us, the world would be lost in chaos and there would be no organized society”.
Thus, the different nations, developed under similar parameters of

civilization, are informed by first principles of similar content, which inevitably
condition their corresponding legislative systems. And as the permeability
between the different civilizations becomes more and more intense, so will the
coincidence in terms of the recognition, establishment and application of these
first principles, leading to an analogical configuration of their respective systems.
This allows us to formulate the syllogism that the more civilized a given
society is, the further it will be from the initial jungle chaos, where factual reality
was subordinated to the rule of force, and the more it will be
27
not only proclaimed but in force the rule of law and with it, as its maximum
exponent, that of those first principles that configure the ideal of respect for the
essences of humanity and operate as an inspiring element of the entire legal
system.
In this ideal reality, the corresponding constitutions will emerge as “norma

normarum”, to which the laws must be subordinated, in their formulation,
interpretation and application.
The recipient also affirms that "the State and the Law have been created
simultaneously and in a continuous relationship of cause and effect, so it is
difficult for one to subsist without the other."
We cannot object to this, but we can ask ourselves: is Law currently

evolving at the same speed as society? Isn't there a gap between the evolution
of society, that is, between the new social changes, on the one hand, and the
norms that try to regulate these new social situations, on the other?
That ideal system is far from the factual reality, although in legal orthodoxy,
the aspiration to that is unstoppable.
This lag, which sometimes extends for decades, can also have
catastrophic social consequences. Consider, for example, the consequences
of junk mortgages worldwide due to the lack of universal regulation of financial
markets, or the consequences of youth unemployment in our country and the
lack of social, educational or labor that tries to solve this situation. Is it not the
mission of legislators and rulers to anticipate these new social needs or, at
least, to be vigilant in order to act at the very moment they occur, instead of
trailing behind them?
Society, and much more today's society, has always been dynamic, but
the current legal system is not only static but is immobilized by a set of
circumstances. And, since the law is a fundamental part of
28
society, although not the only one, a static and immobilized legal system is also
holding back the evolution of society.
With the observation and analysis of the very reality of social life, with the
denunciation of its dysfunctions, its inconveniences and its more or less intense
transgressions of the order, we will be able to serve the ideal of coincidence of
being with what “ought to be”. constitutional, allowing us to detect the existing
distance between the constitutional proclamations and the respective legislative
systems, in order to introduce the necessary corrections to achieve this ideal of approximation.
Another of Professor Kuzmanovic's ideas that I want to highlight is that

"today, Law is increasingly in danger, since it is more at the service of rulers than
at the service of man."
If the foundation of all law and of law in general is service to society, how
can one speak of law if the laws are oriented towards the interests of the parties
and not towards the interests of society? How is it possible that every time the
government changes we have a new Education Law, and, by the way, with
increasingly poor results? There are laws whose processing has been waiting for
several decades, laws that the citizenry is demanding, while parliaments spend
months and years debating laws of no interest to the citizen. Few are the laws that
are approved by consensus or by a large majority. The ruling party passes laws
that may serve its own interests or those of its voters, and the opposition party
automatically votes against it. Laws are approved even knowing with certainty that
there are more than enough arguments to appeal them before the Constitutional
Court. The legislative branch is politicized, but so is the judicial branch. This does
not mean that all courts or judges obey political interests. And here we should pay
tribute to those judges who dictate according to the Law, even knowing that their
sentences will be appealed and annulled when they reach higher courts that
possibly do not dictate according to the Law, but rather according to political
interests.
The separation of powers has never really been complete, but the
politicization of the Constitutional Court had never reached in a democracy the
29
degree in which it is currently. Decisions of the Constitutional Court that are

more or less advised by the Executive or that are subordinated to the
convenience or opportunity of the political moment have nothing to do with the
Law, they are political acts. If democracy is characterized by the rule of law,
the present moment is often characterized by the rule of politics.
The politicization of Law and Justice is something very serious that is

calling into question our democratic systems. The supreme norm of every
legal system is the Constitution, and the validity of the other norms depends
on their conformity with it. But who interprets the Constitution when there are
divergences of opinions? Obviously the Constitutional Court, which is a court
that does not always dictate according to Law. And in this way, in these cases
the Constitutional Court politicizes and contaminates the Constitution, and
this, in turn, politicizes and contaminates all positive Law.
As if this contamination were not enough, in Spain we have a new

source of politicization of Justice. The decisions of the Supreme Court and the
Constitutional Court should be immediately enforceable, as is the case in all
democratic countries. Well no, in Spain the decisions of the Constitutional
Court and the Supreme Court in practice have a relative enforceability, since
both the Government of Spain and the regional governments frequently ignore
the decisions of these courts.
Are we, therefore, before a State of Law or before a State of Politics?

AC?
Professor Kuzmanovic has given us a lesson in Politics, understanding

this word in all its noble and positive sense. If you remind us of the dangers
that lie in wait for the legal system, you are exposing us to the dangers that lie
in wait for our democracy. Professor Kuzmanovic is not saying, nor am I, that
democracy is in danger, but what is in danger is the quality of democracy, it is
the carats of our democracy. Unfortunately we are living in Europe, and
especially in Spain, a democracy of very low quality, of very few carats, a low-
voltage democracy. I am not referring to any specific political party, I am
referring to all of them, since they are all
30
responsible for the degradation of our rule of law, and perhaps also us with
our silence.
As Professor Kuzmanovic implies, in Law there is a border that cannot

be crossed. "If it is transferred, and these are his exact words, "the Law, which
is the guardian of truth, justice, peace and freedom, ceases to exist."
Throughout Professor Kuzmanovic's speech, an enormous concern is

reflected about the drift that the so-called Rule of Law is taking in his country
and in Western society in general. With Professor Kuzmanovic we could ask
ourselves: is there a true Rule of Law among us? Does our legal system, that
is, the public institutions, the government, the political parties, act -really and
effectively- in accordance with the Constitution and the laws? Does the citizen
really have the impression that their most basic rights and constitutional
guarantees are being respected? What can we say, for example, about the
right to work, to sufficient remuneration to cover one's own needs and those
of the family (art. 36) or to decent and adequate housing (art. 47) that is
protected by the Spanish Constitution?
Other failures that legal systems suffer from, according to the professor
Kuzmanovic, are "its size, its little functionality and its lack of precision"
On the one hand, we have an excessive number of laws: municipal

ordinances, regional laws, national laws, European Union legislation, in such
a way that the normal citizen and even the legal specialist finds himself
completely lost in this maze of laws, which Laws that are in force in a given
territory but do not apply in the nearest community are constantly being
modified; On the other hand, there is an almost total lack of regulation
regarding those issues and problems that determine the progress of the world
economy, such as the field of finance and international transfers.
We are living in a global society, a global village, but with national or

regional laws. The financial crisis has been motivated in part by this lack of
laws or agreements that regulate world problems.
31
We could summarize this situation by saying that there is an excess of

unnecessary laws and an absence of necessary laws.
I have said that our Constitution is often tainted by politics. Plus, she's paralyzed.
As the supreme Law of the positive legal system, it should not change every two days,
but neither can it remain immobile without changing a single comma for 33 years in a
world that evolves at dizzying speeds. If the legislature does not see the need for the
Constitution to adapt to today's world or, despite being aware of this need for
adaptation, is not capable of reaching a consensus with the other political forces in
order to modify it, it is that he is not thinking of those citizens whom he represents, but
of other spurious interests.
The Constitution is the supreme Law that makes us all equal before the Law, a
Law against which there is no room for shields from other laws. The privileges or
exceptions that certain subordinate laws want to introduce go against an authentic
democratic order. A constitution cannot make a distinction between people neither by
their wealth, as was the case in the past, nor by their religion, nor by their gender, nor
by their language, nor by their territory. In a democratic society, the law is always the
great weapon of the weak against the powerful, it is that instrument, as Rousseau
said, that makes us all equal before the law. “Given that certain inequalities between
people cannot be prevented, the Law ensures, as Professor Francesc de Carreras
says, that at least we are all equal in the field of public liberties, both vis-à-vis political
powers and, in whatever is possible, also in front of the private ones”.
It should be remembered in this regard that one of the fundamental axioms of

European Union Law is the prohibition of any discrimination or privilege based on
nationality, and yet in Spain, we not only have regions with privileges, but we want to
extend these privileges to other regions. The only exceptions that are admitted at the
level of the entire European Union are based on reasons other than nationality or
regionality. When these exceptions affect high mountain regions, or industrial areas in
decline, for example, we do not speak of the Spanish, Portuguese or German regions,
but of all the regions of the European Union that meet
32
some certain characteristics. These exceptions or privileges admitted by the

European Union Legislation are based on special situations.
Any other exception supposes a privilege and, as a privilege, a discrimination
and, as a discrimination, a violation of the principle of the equality of all before
the law.
If the Law and the Right are frequently contaminated by politics, if we do

not have an authentic division of powers, if the three branches of power are
politicized, so is the fourth power: the press or the media. Freedom of
expression, which should be represented in the media, is something purely
theoretical, because the media, which should be a counterpower to the quasi-
absolute power of the parties and defend the interests of citizens, find
themselves in general, directly or indirectly, related to the different political
parties or to the factual economic powers.
The result of all this is that we are dealing with a captive democracy.
In summary, if I had to specify what is the greatest danger that threatens

legal systems, and specifically the legal system of our country, I would say that
it is the politicization of Law. It is not politics that is subject to Law, but it is Law
that is subject to politics. The State in which we live is not so much a state of
Law but a state of Politics or a state of
the politicians. We are not living under the rule of law but under the rule of
politics.
But since the degree of economic well-being is usually proportional to

the degree of democracy, as we can see at the global level, at the European
level and within the European Union itself, it turns out that our minimal
democracy not only reduces our rights, but also is providing a minimum welfare
state: 20% unemployment, 40% youth unemployment, Cáritas soup kitchens
100% full.
I would like to highlight in this regard that the name of our institution is
“Royal Academy of Economic and Financial Sciences of Spain”. The specificity of
33
our academy is, therefore, the "economic and financial sciences", and all science
is oriented to man, that is to say, to human reality. Our institution must be "real"
in the double sense of this word, real because of its foundation but also real
because it is oriented towards human reality. If the legal system is dominated
by politics and, in turn, politics is dominated by economics and finance, we can
conclude that our legal system, our Law, is dominated by economics and finance.
Our Academy is not a political institution. Its mission is scientific, linked to

economic activity, but also social, and it cannot impassively contemplate how
our rule of law and our state of well-being are degraded, established as the
ultimate evolution of Natural Law, which is reflected in constitutions, configured
as "norma normarum" and as such rectors of all legal systems.
Allow me one final note: although no mention of Human Rights has been
made, it is assumed that above any constitution there are universal values
respected by all countries, the violation of which is subject to the verdict of
international courts, a verdict that all human beings, without exception, are
obliged to abide by.
Finally, I want to congratulate Professor Kuzmanovic for his brilliant

reception speech as Corresponding Academician for the Republika Srpska. His
admission will mean a great enrichment for our Royal Corporation, which is
honored and grateful for this very important constitutional study, which
contributes to the aforementioned permeability among developed nations and
fully responds to the objectives and functions of the Royal Academy of Economic
and Financial Sciences. from Spain.
Thank you very much for your attention.
3. 4
Royal Academy
of Economic Sciences financial and
PUBLICATIONS OF THE ROYAL ACADEMY

OF ECONOMICS AND FINANCIAL SCIENCES
*The publications marked with the symbol are available

in PDF format on our website: http://racef.es/es/
biblioteca/publicaciones
ANNALS
A-1 Annals of the Academy of Economic-Financial Sciences, volume I (Courses of 1943-44;

1944-45; 1945-46; 1946-47), 1952.
A-2 Annals of the Royal Academy of Economic and Financial Sciences, volume V (Course 1957-58),
1958.
A-3 Annals of the Royal Academy of Economic and Financial Sciences, volume VI (Course 1958-59),
1960.
A-4 Annals of the Royal Academy of Economic and Financial Sciences, volume VII (Courses of
1959-60 and 1960-61), 1966.
A-5 Annals of the Royal Academy of Economic and Financial Sciences, volume XI (Course 1968-69),
1972.
A-6 Annals of the Royal Academy of Economic and Financial Sciences, volume XIX (Courses of
1984-85; 1985-86; 1986-87), 1990.
A-7 Annals of the Royal Academy of Economic and Financial Sciences, volume XX (Courses of
1987-88; 1988-89; 1989-90), 1993.
A-8 Annals of the Royal Academy of Economic and Financial Sciences, volume XXI (Courses
from 1990-91; 1991-92), 1995.
A-9 Annals of the Royal Academy of Economic and Financial Sciences, volume XXII (Courses
from 1992-93; 1993-94), 1995.
A-10 Annals of the Royal Academy of Economic and Financial Sciences, volume XXIV (Courses of
1996-97; 1997-98), 2000.
A-11 Annals of the Royal Academy of Economic and Financial Sciences, volume XXV (Course
of 1998-99), 2004.
A-12 Annals of the Royal Academy of Economic and Financial Sciences, volume XXVI (Courses
from 1999-2000, 2000-01 and 2001-02), 2004.
A-13 Annals of the Royal Academy of Economic and Financial Sciences, volume XXVII (Courses
2002-03 and 2003-2004), 2005.
A-14 Annals of the Royal Academy of Economic and Financial Sciences, volume XXVIII
(Courses of 2004-05 and 2005-2006), 2007.
A-15 Annals of the Royal Academy of Economic and Financial Sciences, volume XXIX (Course
2006-2007), 2008.
A-16 Annals of the Royal Academy of Economic and Financial Sciences, volume XXX (Course
2007-2008), 2009.
A-17 Annals of the Royal Academy of Economic and Financial Sciences, volume XXXI (Course
2008-2009), 2009.
A-18 Annals of the Royal Academy of Economic and Financial Sciences, volume XXXII (Course
2009-2010), 2010.
37
ADMITTANCE SPEECHES, PAPERS AND

ACADEMIC COMMUNICATIONS
1 Current concern for a family policy and relationship with economic policy (Opening speech of
the academic year 1945-1946, by the Numerary Academician, His Excellency Mr.
Don Pedro Gual Villalbí), 1945.
2 The universal and encyclopedic tariff (Admission speech of the Corresponding Academician for
Madrid, Hon. Mr. Carlos Arniches Barrera, and response by His Excellency Mr.
Don Pedro Gual Villalbí), 1947.
3 Fiscal policy and its relationship with an organization of the Ministry of Finance (Conference by
the Numerary Academician, His Excellency Mr. Alberto de Cereceda y de Soto), 1948.
4 The scourge of population growth (Admission speech of the Corresponding Academician for
Great Britain, Hon. Mr. Dr. Don Roy Glenday MC and response by the Hon.
Mr. Dr. Don Ricardo Piqué Batlle), 1949.
5 Economic sciences and economic policy (admission speech by the Corresponding Academician
for Belgium, Mr. Henry de Lovinfosse, and reply by Mr. Santiago Marimón Aguilera), 1949.
6 Reflections on the stock market (admission speech of the Numerary Academician, His
Excellency Mr. Javier Ribó Rius, and response by His Excellency Mr. Baldomero Cerdà
Richart), 1949.
7 Balmes, economist (Admission speech of the Numerary Academician, His Excellency Mr.
Joaquín Buxó Dulce de Abaigar, Marquis of Castell-Florite, and response by His
Excellency Mr. José María Vicens Corominas), 1949.
8 The insurance entity and the economics and technique of insurance (Admission speech of the
Corresponding Academician for Madrid, Mr. Dr. Antonio Lasheras-Sanz, and response
by Mr. Francisco Fornés Rubió), 1949.
9 Obtaining and fixing costs, a determining factor of the results (Conference delivered on April
12, 1951, by His Excellency Mr. Dr. Ricardo Piqué Batlle), 1951.
10 The fate of the European economy (Admission speech of the Corresponding Academician for
Madrid, His Excellency Mr. Dr. Don Luis Olariaga y Pujana), 1951.
11 Taxation of Local Corporations (Conference by His Excellency Mr. Joaquín Buxó Dulce de
Abaigar, Marquis of Castell-Florite), 1951.
12 Productivity in business (Text of the Conferences of the VI Cycle delivered during the
Academic Year 1950-51 by the Numerary Academicians, Mr. Jaime Vicens Carrió, Mr.
José Gardó Sanjuan, Mr. José M.ª Vicens Corominas, Mr. Juan Taulet and Ricardo
Piqué Batlle Houses), 1952.
13 Fiscal Policy Issues (Admission Speech by the Corresponding Academician for
Madrid, Ilmo. Mr. Antonio Saura Pacheco), 1952.
14 Amortizations and the Treasury (Admission Speech by the Corresponding Academician for
38
Madrid, Hon. Mr. Dr. Don Alfredo Prados Suárez), 1953.

15 Accounting and business economic policy (admission speech of the Numerary Academician,
His Excellency Mr. Dr. Don Antonio Goxens Duch, and response by His Excellency.
Mr. Ricardo Torres Sánchez), 1954.
16 The extremely serious housing problem (Admission speech of the Numerary Academician, His
Excellency Mr. Luis Bañares Manso, and response by His Excellency Mr. Fernando Boter
Mauri), 1954.
17 The balance of situation (Admission speech of the Corresponding Academician for Argentina,
Mr. Dr. Jaime Nicasio Mosquera), 1954.
18 The control of the bank by the State (Admission speech of the Numerary Academician, His
Excellency Mr. Dr. Don Roberto García Cairó), 1955.
19 Capital, as an economic-financial element of the company (Admission speech of the Numerary
Academician, His Excellency Mr. Luis Prat Torrent, and response by His Excellency Mr.
José María Vicens Corominas), 1955.
20 Foreign trade and its obstacles, with special reference to customs duties (Admission speech of
the Corresponding Academician for Malaga, His Excellency Mr. Manuel Fuentes Irurozqui,
and response by His Excellency Mr. Pedro Gual Villalbí), 1955 .
21 The economic and the extra-economic in the life of the peoples (Admission speech of the
Corresponding Academician for Barcelona, Mr. Dr. Don Román Perpiñá
Grau), 1956.
22 Around a neocapitalism (Opening speech of the Course 1957-1958, on December 22, 1957,
delivered by His Excellency Mr. Joaquín Buxó Dulce de Abaigar, Marqués de Castell-
Florite), 1957.
23 New trends towards the economic unity of Europe (Lecture by His Excellency Mr.
Don Manuel Fuentes Irurozqui), 1958.
24 Statistics, logic and truth (Admission speech of the Corresponding Academician for the Basque
Country, Revd. Hon. Mr. Enrique Chacón Xérica), 1959.
25 Problems related to the determination of the result and the patrimony (Admission speech of the
Corresponding Academician for the Netherlands, Hon. Mr. Don Abraham Goudeket), 1959.
26 Repercussion of monetary depreciation on commercial and social insurance, a way to alleviate

it as effectively as possible (Conference delivered on January 29, 1959 by the Honorable
Mr. Dr. Don Antonio Lasheras-Sanz), 1960.
27 Substantive modifications in the Real Rights Tax (admission speech of the Numerary
Academician, His Excellency Mr. José M.ª Sainz de Vicuña y García-Prieto, and response
by His Excellency Mr. José Fernández Fernández), 1960.
28 Analysis and prognosis of the situation (Conference delivered on January 14, 1960, by His
Excellency Mr. Dr. Don Antonio Goxens Duch), 1960.
29 The social and the economic in the agricultural company (Conference delivered on January 21,
39
of 1960, by the Hon. Mr. Ricardo Torres Sánchez), 1960.

30 A new balance. Contribution to the study of business financing
(Lecture by His Excellency Dr. Ricardo Piqué Batlle), 1960.
31 Inflation and currency (admission speech of the Numerary Academician, His Excellency Dr.
Cristóbal Massó Escofet, and response by His Excellency Dr. Rafael Gay de Montellà),
1960.
32 Freedom from intervention (Admission speech of the Corresponding Academician for

Madrid, Ilmo. Mr. Don Germán Bernácer Tormo), 1960.
33 Towards a better structure of the Spanish company (Admission speech of the Corresponding
Academician for Madrid, Mr. José Luis Urquijo de la Puente), 1960.
34 The universal economic whirlwind (admission speech of the Numerary Academician, His
Excellency Dr. Don Félix Escalas Chameni, and response by His Excellency Mr. Joaquín
Buxó Dulce de Abaigar, Marquis of Castell-Florite), 1960.
35 Contribution of Economic and Financial Sciences to the solution of the housing problem
(Conference delivered on January 19, 1960 by His Excellency Mr. Federico Blanco Trías),
1961.
36 Horizons of social accounting (Admission speech of the Corresponding Academician for Madrid,
His Excellency Mr. Dr. Don José Ros Jimeno), 1961.
37 Crisis of the Economy, or Crisis of the Political Economy? (Admission speech of the
Corresponding Academician for Italy, Hon. Mr. Prof. Ferdinando di Fenizio), 1961.
38 The effects of technical progress on prices, income and employment (Admission speech of the
Corresponding Academician for Italy, Hon. Mr. Dr. Don Francesco Vito), 1961.
39 The company and its future economic and social projection (Conference delivered on 16
December 1961, by the Hon. Mr. Luis Prat Torrent), 1962.
40 Politics and Economy (Admission speech of the Corresponding Academician for Galicia, His
Excellency Mr. Dr. Don Manuel Fraga Iribarne), 1962.
41 The private company before the programming of economic development (Admission speech of
the Corresponding Academician for Madrid, His Excellency Mr. Dr. Don Agustín Cotorruelo
Sendagorta), 1962.
42 The Spanish businessman before the takeoff of the economy (Opening speech given on
January 13, 1963 of the Course 1962-63, by the perpetual President of the Corporation,
His Excellency Mr. Dr. Don Ricardo Piqué Batlle), 1963.
43 The economy, the human science (Admission speech of the Corresponding Academician for
France, Hon. Mr. Prof. André Piettre), 1963.
44 Theory and technique of accounting (Admission speech of the Numerary Academician, His
Excellency Dr. Mario Pifarré Riera, and response by His Excellency Dr. Roberto García
Cairó), 1964.
45 Social function of real estate investment (Admission speech of the Numerary Academician, His
Excellency Mr. Don Juan de Arteaga y Piet, Marqués de la Vega-Inclán, and
40
response by the Hon. Mr. Dr. Don Ricardo Piqué Batlle), 1965.
46 European economic integration and the position of Spain (Admission speech of the
Corresponding Academician for Madrid, Mr. Dr. Don Lucas Beltrán Flórez), Tecnos, 1966.
47 Agricultural prices (Admission speech of the Corresponding Academician for Madrid, Mr. Dr.
Carlos Cavero Beyard, and response by His Excellency Mr. Dr. Ricardo Piqué Batlle),
1966.
48 Content and teachings of a century of Barcelona stock market history (Admission speech of the
Numerary Academician, His Excellency Mr. Dr. Don Pedro Voltes Bou, and response by
His Excellency Mr. Don Juan de Arteaga y Piet, Marqués de la Vega- Inclan), 1966.
49 Economic information in the Corporations Law. Its lack of originality and scientific rigor
(Admission Speech of the Corresponding Academician for Madrid, Hon. Mr. Dr. Don
Enrique Fernández Peña), 1966.
50 The relationship between national monetary policy and international liquidity (Admission speech
of the Corresponding Academician for Greece, Hon. Mr. Dr. Don Dimitrios J.
Delivanis), 1967.
51 Structural dynamics and economic development (Admission speech of the Numerary
Academician, His Excellency Mr. Dr. Don Antonio Verdú Santurde, and response by the
Numerary Academician, His Excellency Mr. Dr. Don Roberto García Cairó), 1967.
52 Bicentennial of the beginning of the industrialization of Spain (Text of the conferences delivered
in the XXII extraordinary cycle during the Course of 1966-67, by the Hon.
Mr. Gregorio López Bravo de Castro, Minister of Industry, Hon. Mr. Dr. Don Pedro Voltes
Bou, Hon. Mr. Ramón Vilà de la Riva, Hon. Mr. Narciso de Carreras Guiteras; Hon. Mr.
Don Luis Prat Torrent, and Hon. Mr. Don Rodolfo Martín Villa, General Director of Textile,
Food and Diverse Industries), 1967.
53 The human values of development (Admission speech of the Corresponding Academician
for Madrid, Hon. Mr. Dr. Don Luis Gómez de Aranda y Serrano), 1968.
54 Ibero-American economic integration. Perspectives and realities (Admission speech of the
Corresponding Academician for Madrid, His Excellency Mr. Dr. Don José Miguel Ruiz
Morales), 1968.
55 Savings and economic development (Admission speech of the Corresponding Academician
for Madrid, His Excellency Mr. Luis Coronel de Palma, Marqués de Tejada), 1968.
56 Types of inflation and anti-inflationary policy (Admission speech of the Corresponding

Academician for Madrid, Hon. Mr. Dr. Don Emilio Figueroa Martínez), 1969.
57 The living and the dead in the Marxist idea (Admission speech of the Corresponding
Academician for Madrid, His Excellency Mr. Dr. Don José Martínez Val), 1969.
58 Interrelationships between the economic, geographical and social sciences (Admission speech
of the Corresponding Academician for Barcelona, Hon. Mr. Dr. Don Abelardo de
41
Unzueta and Yuste), 1969.
59 Foreign investment and domestic dumping (Admission Speech of the Corresponding Academician for
Lérida, Mr. Juan Domènech Vergés), 1969.
60 The urgent reform of the company (Conference delivered on April 21, 1969 by His Excellency Mr. Luis
Bañares Manso), 1970.
61 The reform of the company (Admission speech of the Corresponding Academician for
Madrid, Ilmo. Mr. Antonio Rodríguez Robles), 1970.
62 Coordination Between Fiscal and Monetary Policy in the Light of the German Stabilization and
Development Act (Induction Speech of the Corresponding Academician for Germany, HE Mr. Dr.
Don Hermann J. Abs), 1970.
63 Economic decisions and organizational structures of the public sector (Admission speech of the
Corresponding Academician for Madrid, Mr. José Ferrer Bonsoms y Bonsoms), 1970.
64 The money market and the international financial market, eurodollars and euroissues (Work delivered
in the XXIII Cycle in the 1968-1969 Course, by His Excellency Mr.
Don Juan de Arteaga y Piet, Marqués de la Vega-Inclán), 1970.
65 The honor of work (Admission speech of the Corresponding Academician for Madrid, Mr. Pedro
Rodríguez-Ponga y Ruiz de Salazar), 1971.
66 The economic concept of profit and its fiscal projection (Admission speech of the Corresponding
Academician for Madrid, Mr. Fernando Ximénez Soteras), 1971.
67 The profitability of the company and man (Admission speech of the Numerary Academician, His
Excellency Mr. José Cervera y Bardera, and response by the Numerary Academician, His
Excellency Mr. Luis Prat Torrent), 1972.
68 The economic-structural point of view of Johan Akerman (Admission speech of the Numerary
Academician, His Excellency Mr. Dr. Don Luis Pérez Pardo, and response by the Numerary
Academician, His Excellency Mr. Dr. Don Antonio Verdú Santurde), 1972 .
69 The regional economic policy (Admission speech of the Numerary Academician, Hon.
Mr. Don Andrés Ribera Rovira, and response by the Numerary Academician, Hon.
Mr. Dr. Don José Berini Giménez), 1973.
70 A 19th-century finance official: José López-Juana Pinilla (admission speech by the Corresponding
Academician for Madrid, His Excellency Mr. Dr. Juan Francisco Martí de Basterrechea, and
response by the Numerary Academician, His Excellency Mr. Dr. .
Don Mario Pifarre Riera), 1973.
71 Possibilities and limitations of the public company (Admission speech of the Numerary Academician,
His Excellency Mr. Dr. Don Juan José Perulles Bassas, and response by the Numerary
Academician, His Excellency Mr. Dr. Don Pedro Lluch Capdevila), 1973.
72 World employment program (Admission speech of the Numerary Academician, Hon.

Mr. Joaquín Forn Costa, and response by the Numerary Academician, Hon. Mr.
Don Juan de Arteaga y Piet, Marqués de la Vega-Inclán), 1973.
73 Municipal autonomy: its economic-financial basis (Admission Speech of the
42
Numerary Academician, Hon. Mr. Dr. Don Juan Ignacio Bermejo Gironés, and answer by
the Numerary Academician, Hon. Mr. Don Joaquín Buxó Dulce de Abaigar, Marquis of
Castell-Florite), 1973.
74 The socio-economic environment of the multinational company (Inaugural speech of the Course
1972-1973, by the Numerary Academician, His Excellency Mr. Don Juan de Arteaga y
Piet, Marqués de la Vega-Inclán), 1973.
75 Behavior of the Movable Investment Funds, in the stock market crisis of the year 1970 (Inaugural
speech of the Course 1970-1971 delivered on November 10, 1970, by the Numerary
Academician, His Excellency Mr. Don Juan de Arteaga y Piet, Marqués de La Vega-Inclan),
1973.
76 Concerning economic capacity as a constitutional criterion of tax justice in contemporary States

(Admission Speech of the Numerary Academician, Hon.
Mr. Dr. Don Magín Pont Mestres, and answer by the Hon. Mr. Dr. Don Antonio Verdú
Santurde), 1974.
77 The administration of assets in the process (admission speech of the Numerary Academician,
His Excellency Mr. Dr. Don Miguel Fenech Navarro, and response by the Numerary
Academician, His Excellency Mr. Dr. Don Pedro Lluch Capdevila), 1974.
78 The critical control of economic management (Admission speech of the Corresponding

Academician for the Basque Country, Hon. Mr. Dr. Don Emilio Soldevilla García), 1975.
79 Considerations regarding the investment (Admission speech of the Numerary Academician, His
Excellency Dr. Don José Manuel de la Torre y de Miguel, and response by His Excellency
Dr. Don Antonio Goxens Duch), 1975.
80 Around a neocapitalism (Speech delivered at the inaugural session of the 1957-1958 Course
by His Excellency Mr. Joaquín Buxó Dulce de Abaigar, Marqués de Castell-Florite), 1975.
81 The oil crisis (1973 to 2073) (Admission speech of the Numerary Academician, Hon.
Mr. Dr. Don Ramón Trías Fargas, and answer by the Numerary Academician, Hon.
Mr. Dr. Don José María Berini Giménez), 1976.
82 Foreign economic and fiscal policies (Admission speech of the Numerary Academician, His
Excellency Mr. Emilio Alfonso Hap Dubois, and response by the Numerary Academician,
His Excellency Mr. Dr. Juan José Perulles Bassas), 1976.
83 Contribution of cooperativism to social promotion (Admission speech of the Corresponding

Academician for Tarragona, Mr. Juan Noguera Salort), 1976.
84 Inflation and technological evolution as determinants of a management model (Admission

speech of the Corresponding Academician for Madrid, Mr. Carlos Cubillo Valverde), 1976.
43
85 Liquidity and inflation in the microeconomic investment process (Admission speech of the
Numerary Academician, His Excellency Dr. Jaime Gil Aluja, and response by His Excellency
Dr. Mario Pifarré Riera), 1976.
86 Savings and Social Security versus general welfare (Admission speech of the Corresponding
Academician for Madrid, Mr. Dr. Don Valentín Arroyo Ruipérez), 1976.
87 Prospects of the world economy: the beginning of a new economic era (Text of the papers
presented at the Study Sessions held on May 12, 13 and 14, 1975), 1976.
88 Considerations on the economic and financial capacity of Spain (Admission Speech of the
Corresponding Academician for Madrid, Mr. Dr. Don Juan Miguel Villar Mir), 1977.
89 The savings banks of the EEC countries and comparison with the Spanish ones (Admission
Speech of the Corresponding Academician for Madrid, Mr. Miguel Allué Escudero), 1977.
90 Reflexion sur structuration du monde actuel (Admission speech of the Corresponding

Academician for France, Hon. Mr. Jean Joly), 1978.
91 Fiscal system and financial system (admission speech of the Corresponding Academician for
Madrid, Mr. Francisco Javier Ramos Gascón, and response by Mr. Dr. Antonio Verdú
Santurde), 1978.
92 On the financial analysis of the investment (Admission speech of the Numerary Academician,
His Excellency Dr. Don Alfonso Rodríguez Rodríguez, and response by His Excellency Dr.
José Manuel de la Torre y Miguel), 1978.
93 Myth and reality of the multinational company (Admission speech of the Numerary Academician,
His Excellency Dr. Don Mariano Capella San Agustín, and response by His Excellency Dr.
Mario Pifarré Riera), 1978.
94 Popular savings and their contribution to the development of the Spanish economy (Admission
speech by the Numerary Academician, His Excellency Mr. José M.ª Codony Val, and
response by His Excellency Dr. Antonio Goxens Duch), 1978.
95 Considerations on the transfer of technology (Admission speech of the Numerary Academician,
His Excellency Mr. Lorenzo Gascón Fernández, and response by the Numerary
Academician, His Excellency Mr. José Cervera Bardera), 1979.
96 Economic and Fiscal Aspects of Autonomy (Admission Speech by the Numerary Academician,
His Excellency Mr. Dr. Don Laureano López Rodó, and response by the Numerary
Academician, His Excellency Mr. Andrés Ribera Rovira), 1979.
97 Towards international accounting standardization (Admission speech of the Corresponding

Academician for Madrid, Mr. Antonio Noguero Salinas, and response by the Numerary
Academician, Mr. Dr. Don Antonio Goxens Duch), 1980.
98 The social balance: integration of social objectives in the company (Admission speech of the
Numerary Academician, His Excellency Mr. Dr. Don Enrique Arderiu Gras, and response
by the Numerary Academician, His Excellency Mr. Joaquín Forn Costa), 1980.
44
99 The IVª directive of the CEE (Admission speech of the Corresponding Academician for
Portugal, Mr. Fernando Vieira Gonçalves da Silva, and response by the Numerary
Academician, His Excellency Mr. Dr. Don Antonio Goxens Duch), 1980.
100 The growth of the public sector as a peaceful transit of the economic system (Admission
speech by the Permanent Academician, His Excellency Mr. Dr. Alejandro Pedrós Abelló,
and response by the Permanent Academician, His Excellency Mr. Dr. Ramón Trías
Fargas), 1981.
101 Function of taxation in the current moment of the Spanish economy (Inaugural speech of
the Course 1981-1982, delivered on October 6, 1981, by the Numerary Academician,
His Excellency Mr. Dr. Don Magín Pont Mestres), 1981.
102 Financial System and the Stock Market: the financing of the company through the Stock
Market (Admission speech of the Corresponding Academician for Madrid, Hon. Mr.
Mr. Mariano Rabadán Fornies, and response by the Numerary Academician, Hon.
Mr. Don Juan de Arteaga y Piet, Marqués de la Vega-Inclán), 1982.
103 Entrepreneurship in the crisis of culture (Admission speech of the Numerary Academician,
His Excellency Mr. Ángel Vegas Pérez, and response by His Excellency Mr. Dr.
Don Mario Pifarre Riera), 1982.
104 The feeling of European Unity, considering the economic and social aspects. Technical
factors necessary for integration into a united and harmonious Europe (Admission
speech of the Corresponding Academician for Madrid, Mr. Wenceslao Millán Fernández,
and response by His Excellency Mr. Dr. Don Antonio Goxens Duch), 1982.
105 Commercial insolvency (New facts and new ideas in bankruptcy matters) (Admission
speech of the Numerary Academician, His Excellency Dr. Miguel Casals Colldecarrera,
and response by His Excellency Mr. Joaquín Forn Costa), 1982.
106 Mutual guarantee societies, a means for financing SMEs (Admission speech of the
Numerary Academician, His Excellency Mr. Pedro Castellet Mimó, and response by His
Excellency Mr. Luis Prat Torrent), 1982.
107 The economy with scientific intentionality and thermodynamic inspiration (Admission speech
of the Corresponding Academician for France, Hon. Mr. Dr. Don François Perroux, and
response by His Excellency Mr. Dr. Don Jaime Gil Aluja), 1982.
108 The representative scope of the administrative body of the SA (Admission speech of the
Numerary Academician, His Excellency Mr. Josep M.ª Puig Salellas, and response by
the Academician, His Excellency Mr. Dr. Don Antonio Polo Díez), 1983 .
109 Planning in times of crisis in a democratic system (Admission speech by the Corresponding
Academician for Madrid, Mr. Dr. José Barea Tejeiro, and response by His Excellency
Mr. Dr. José Manuel de la Torre y de Michael), 1983.
110 The accounting fact and the law (Admission speech of the Numerary Academician, Hon.
Mr. Dr. Don José M.ª Fernández Pirla, and answer by the Hon. Mr. Dr. Don Mario Pifarré
Riera), 1983.
Four. Five
111 Risk-creating power in the face of the paralyzing effects of security (Admission speech by
the Numerary Academician, His Excellency Mr. Dr. Don Rafael Termes y Carreró, and
response by the Academician, His Excellency Mr. Ángel Vegas Pérez), 1984 .
112 Stabilité monétaire et progrès èconomique: les leçons des années 70 (Admission speech
of the Corresponding Academician for France, His Excellency Dr. Don Raymond Barre,
and reply by His Excellency Dr. Jaime Gil Aluja), 1984 .
113 Le chemin de l'unification de l'Europe dans un contexte mon-europeen, èconomique et
politique plus vaste (Admission speech of the Corresponding Academician for
Switzerland, His Excellency Mr. Adolf E. Deucher, and reply by His Excellency Mr. Don
Lorenzo Gascón Fernández), 1985.
114 Keynes and current economic theory (Admission speech of the Numerary Academician,
His Excellency Dr. Don Joan Hortalà i Arau, and response by His Excellency Dr. Don
Ramón Trías Fargas), 1985.
115 The contribution of JM Keynes to the international monetary order of Bretton Woods
(Admission speech by the Corresponding Academician for Madrid, Mr. José Ramón
Álvarez Rendueles, and reply by His Excellency Mr. Dr. José María Fernández Pirla),
1986.
116 Business management and strategy: some analogies. Sun. Tzu, living organisms, and
quarks (Admission speech of the Corresponding Academician for the United States, Mr.
Harry L. Hansen, and response by Mr. Lorenzo Gascón Fernández), 1986.
117 Economic aspects of urban planning (admission speech by the Corresponding Academician
for Girona, Mr. Jordi Salgas Rich, and response by His Excellency Mr. Dr.
Don José M.ª Berini Giménez), 1987.
118 Business accounting and generally accepted accounting principles (Admission speech of
the Corresponding Academician for Valencia, Hon. Mr. Dr.
Don Manuel Vela Pastor, and response by the Hon. Mr. Dr. Don Mario Pifarré Riera),
1989.
119 Europe and the environment (Admission speech by the Corresponding Academician for the
Netherlands, His Excellency Dr. Don Jonkheer Aarnout A. Loudon, and response by His
Excellency Dr. Don Antonio Goxens Duch), 1989.
120 Uncertainty in the economy (paradigms, time and black holes) (Admission speech by the
Corresponding Academician for Madrid, Mr. Dr. Don Ubaldo Nieto de Alba, and reply
by Mr. Ángel Vegas Pérez), 1989.
121 Neoclassical methodology and economic analysis of law (Admission speech by the
Corresponding Academician for Navarra, Mr. Dr. Miguel Alfonso Martínez-Echevarría y
Ortega, and response by His Excellency Mr. Dr. José Manuel de la Torre and Miguel),
1991.
122 Ethics in business management (Admission speech of the Numerary Academician, His
Excellency Dr. Don Fernando Casado Juan, and response by His Excellency Dr. Jaime
Gil Aluja), 1991.
46
123 Europe, the new frontier (Admission speech by the Corresponding Academician for the Balearic
Islands, His Excellency Mr. Don Abel Matutes Juan, and response by His Excellency Mr.
Don Lorenzo Gascón), 1991.
124 Profitability and value creation in the company (Admission speech of the Corresponding Academician
for Asturias, Mr. Dr. Álvaro Cuervo García, and answer by Mr. Dr. Don Alfonso Rodríguez
Rodríguez), 1991.
125 The good doctrine of Professor Lucas Beltrán (Admission speech of the Numerary Academician, His
Excellency Dr. José M.ª Coronas Alonso, and response by His Excellency Dr. Jaime Gil Aluja),
1991.
126 The automotive industry: its evolution and social and economic impact (Admission speech by the
Corresponding Academician for Madrid, Mr. Dr. Rafael Muñoz Ramírez, and response by Mr. Dr.
Mario Pifarré Riera) , 1991.
127 The reactions of private law to inflation (Admission speech of the Numerary Academician, His
Excellency Mr. Dr. Don José Juan Pintó Ruiz, and response by His Excellency.
Mr. Dr. Don Laureano López Rodó), 1991.
128 Improvement of democracy (admission speech of the Numerary Academician, His Excellency Dr.
Don Salvador Millet y Bel, and response by His Excellency Dr. Don José Juan Pintó Ruiz), 1992.
129 The management of innovation (Admission speech of the Numerary Academician, His Excellency Mr.
Dr. José M.ª Fons Boronat, and answer by the Hon. Mr. Dr. Don José Manuel de la Torre y de
Miguel), 1992.
130 Europe: the new banking frontier (Admission speech by the Corresponding Academician for Belgium,
His Excellency Mr. Dr. Don Daniel Cardon de Lichtbuer, and response by His Excellency Dr.
Rafael Termes Carreró), 1992.
131 Viceroy Amat: advance of free trade in America (Admission speech of the Numerary Academician,
His Excellency Dr. José Casajuana Gibert, and response by His Excellency Dr. Mario Pifarré
Riera), 1992.
132 Accounting as a science of information on circulatory structures: non-economic accounting (Admission

speech of the Corresponding Academician for Andalusia, Mr. Dr. José María Requena Rodríguez,
and response by His Excellency Mr.
Dr. Don Antonio Goxens Duch), 1992.
133 The titles issued by the company and the option price theory (Admission speech by the Corresponding
Academician for Valencia, Hon. Mrs. Dra. Doña Matilde Fernández Blanco, and response by His
Excellency Mr. Dr. Jaime Gil Aluja), 1992.
134 Leadership and economic progress (Admission speech of the Numerary Academician, His Excellency
Dr. Don Isidro Fainé Casas, and response by His Excellency Dr. Jaime Gil Aluja), 1992.
135 Jurisdictional control of financial activity (admission speech of the Numerary Academician, His
Excellency Mr. Enrique Lecumberri Martí, and response by His Excellency.
Mr. Dr. Don Mario Pifarré Riera), 1993.
47
136 Europe and Spain: the struggle for integration (Admission speech of the Numerary Academician,
His Excellency Mr. Carlos Ferrer Salat, and response by His Excellency Mr. Dr.
Don Jaime Gil Aluja), 1993.
137 The impact of the crisis on the Balearic economy (Admission speech of the Corresponding
Academician for the Balearic Islands, Mr. Dr. Francisco Jover Balaguer, and response by Mr.
Dr. Don Magín Pont Mestres), 1994.
138 The concerns of Europe. reflections, suggestions and utopias (admission speech of the Numerary
Academician, His Excellency Mr. José-Ángel Sánchez Asiaín, and response by His Excellency
Mr. Carlos Ferrer Salat), 1994.
139 The free-trade-protection debate at the end of the 20th century (Admission speech of the
Numerary Academician, His Excellency Mr. Dr. Don Francisco Granell Trías, and reply by
His Excellency Mr. Don Lorenzo Gascón), 1995.
140 From the accounting of owners to the accounting of entrepreneurs (Admission speech of the
Corresponding Academician for Madrid, Mr. Dr. Carlos Mallo Rodríguez, and response by
His Excellency Mr. Dr. Don Antonio Goxens Duch), nineteen ninety five.
141 Economie, Europe et Espagne (Admission speech by the Corresponding Academician for France,
His Excellency Mr. Dr. Don Valéry Giscard d'Estaing, and response by His Excellency.
Mr. Carlos Ferrer Salat), 1995.
142 Profitability and strategy of the company in the commercial distribution sector (Admission speech
of the Corresponding Academician for Andalusia, Hon. Mr. Dr.
Mr. Enrique Martín Armario, and response by the Hon. Mr. Dr. Don Fernando Casado Juan),
1995.
143 Globalization of the company and integration of non-organizational approaches in management

(Admission speech of the Corresponding Academician for Galicia, Hon. Mr. Dr.
Don Camilo Prado Freire, and response by the Hon. Mr. Dr. Don Jaime Gil Aluja), 1995.
143rd Quotation, duration and convexity (Communication of the academic number His Excellency Mr.
Dr. DM Alfonso Rodríguez Rodríguez. Barcelona), 1994.
143b Dynamic analysis of the IRR (Communication of the academic number, His Excellency Mr. Dr.
DM Alfonso Rodríguez Rodríguez. Barcelona), 1995.
144 Spanish savings banks: for a dynamic model (Admission speech of the Corresponding
Academician for Aragon, Mr. José Luis Martínez Candial, and response by Mr. Lorenzo
Gascón Fernández), 1996.
145 Current situation of Spanish bankruptcy law (Admission speech of the Numerary Academician,
His Excellency Dr. Jorge Carreras Llansana, and response by His Excellency Dr. Don
Laureano López Rodó), 1996.
146 The disempowerment of the debtor, its causes and effects in a historical, current and future vision
(Admission speech of the Numerary Academician, His Excellency Dr. Don Luis Usón Duch,
and response by His Excellency Dr. Don José Juan Ruiz painted), 1996.
147 Hydraulic and water balance of Catalonia to try to optimize resources and achieve the maximum
and most economical decontamination of the environment (Admission speech of the
48
Numerary Academician, Hon. Mr. Mr. Daniel Pagès Raventós, and answer by the Hon. Mr.
Don Lorenzo Gascón Fernández), 1996.
148 The euro (Admission speech of the Numerary Academician, His Excellency Mr. Dr. Don Carles A.
Gasòliba i Böhm, and response by the Hon. Mr. Don Lorenzo Gascón Fernández), 1996.
149 The accounting system in the Spanish company: from fiscal accounting to accounting law
through the faithful image (Admission speech of the Numerary Academician, Hon.
Mr. Dr. Don Ramón Poch Torres, and answer by the Hon. Mr. Dr. Roberto García Cairó),
1997.
150 Tax incentives for investment in corporate tax reform (admission speech by the Corresponding
Academician for Extremadura, Mr. Mario Alonso Fernández, and response by Mr. Dr. Magín
Pont Mestres), 1997.
151 Preliminary notes on the treatment of investment: limits to the principle of substitution in economics
(Admission speech of the Numerary Academician, His Excellency Dr. Don José M.ª Bricall
Masip, and response by His Excellency Dr. Don Fernando Married John), 1997.
152 Contributions of the legal-accounting regime to bankruptcy law (Admission speech of the
Corresponding Academician for the Basque Country, Mr. Fernando Gómez Martín, and
response by Mr. Dr. Don Magín Pont Mestres), 1997.
153 Los Herreros: 150 years of banking over five generations (Admission speech by the Corresponding
Academician for Asturias, Mr. Dr. Don Martín González del Valle y Herrero, Barón de Grado,
and response by His Excellency Mr. Don Lorenzo Gascón Fernández), 1998.
154 Perspectives of the European Monetary Union (Admission speech of the Corresponding
Academician for Germany, Mr. Dr. Don Juergen B. Donges, and reply by His Excellency Mr.
Carlos Ferrer Salat), 1998.
155 Fiscal uncertainty. Reflections on the legality and legitimacy of the Spanish tax system (Admission
speech of the Numerary Academician, His Excellency Mr. Claudio Colomer Marqués, and
response by His Excellency Dr. José Juan Pintó
Ruiz), 1998.
156 The Second Republic and the chimera of the peseta: The Carner exception (Admission speech
of the Numerary Academician, His Excellency Mr. Juan Tapia Nieto, and response by His
Excellency Mr. Lorenzo Gascón Fernández), 1998.
157 Reflections on the internationalization and globalization of the company: human resources as a
strategic and organizational factor (Admission speech of the Corresponding Academician for
Madrid, Hon. Mr. Antonio Sainz Fuertes, and response by His Excellency Mr. Dr. Don José
Mª Fons Boronat), 1998.
158 Decision-making in economics and business management: problems and prospects (Admission
speech of the Corresponding Academician for the Republic of Belarus, Hon. Mr. Dr. Don
Viktor V. Krasnoproshin, and reply by His Excellency.
Mr. Dr. Don Jaime Gil Aluja), 1999.
49
159 The business organizations of the 21st century in light of their recent historical evolution (Admission
speech of the Numerary Academician, His Excellency Mr. Dr. Alfredo Rocafort Nicolau, and
response by His Excellency Dr. Jaime Gil Aluja) , 1999.
160 Epistemology of uncertainty (Admission speech of the Corresponding Academician for Argentina,
Mr. Dr. Don Rodolfo H. Pérez, and response by His Excellency Mr.
Dr. Don Jaime Gil Aluja), 1999.
161 From University. On the nature, members, government and finances of the public university in
Spain (Admission Speech of the Numerary Academician, Hon.
Mr. Dr. Don Joan-Francesc Pont Clemente, and answer by the Hon. Mr. Dr. Don José Juan
Pintó Ruiz), 1999.
162 A history of unemployment in Spain (Admission speech of the Numerary Academician, His
Excellency Mr. Dr. Don Antonio Argandoña Rámiz, and response by His Excellency Mr. Dr.
Don Fernando Casado Juan), 1999.
163 The conception of the company and the relationships that define it: relevance, effectiveness and
efficiency needs (Admission speech of the Numerary Academician, His Excellency Mr.
Dr. Don Camilo Prado Freire, and response by the Hon. Mr. Dr. Don Jaime Gil Aluja), 1999.
164 Genesis of a theory of uncertainty (Act of imposition of the Grand Cross of the Civil Order of Alfonso
X the Wise to His Excellency Mr. Dr. Don Jaime Gil Aluja), 2000.
165 The virtual company within the framework of the information society (Admission speech of the
Numerary Academician, His Excellency Mr. Dr. Don Mario Aguer Hortal, and response by His
Excellency Dr. D. Fernando Casado Juan), 2000 .
166 Private management of the public service (admission speech of the Numerary Academician, His
Excellency Mr. Ricardo Fornesa Ribó, and response by His Excellency Mr. Dr. Don Isidro Fainé
Casas), 2000.
167 Account books and private commercial jurisdiction in Spain. The case of the Consulate of Commerce
of Barcelona and its accounting instruction of 1766 (admission speech of the Corresponding
Academician for Madrid, Hon. Mr. Dr. Don Esteban Hernández Esteve, and response by His
Excellency Mr. Dr. Don José M.ª Fernandez Pirla), 2000.
168 The 20th century: the century of the economy (Admission speech of the Numerary Academician,
His Excellency Mr. Emilio Ybarra Churruca, and response by His Excellency Dr. Don Isidro
Fainé Casas), 2001.
169 Problems and perspectives of the evaluation and accounting of the intellectual capital of the
company (Communication of the Numerary Academician, His Excellency Mr. Dr. Don Mario
Aguer Hortal in the Plenary Session of the Academy), 2001.
170 The family business and its globalization (admission speech of the Numerary Academician, His
Excellency Mr. Antonio Pont Amenós, and response by His Excellency Dr. Don Isidro Fainé
Casas), 2001.
171 Creation of high value-added employment: the role of venture capital companies in the so-called
new economy (Admission speech by Academician
fifty
Corresponding for Switzerland, Hon. Mr. José Daniel Gubert, and answer by the Hon.
Mr. Dr. Don Roberto García Cairó), 2001.
172 The new economy and the capital market (Admission speech of the Numerary Academician,
His Excellency Mr. Aldo Olcese Santonja, and response by His Excellency Mr.
Dr. Don Fernando Casado Juan), 2001.
173 Knowledge management and finance: a necessary link (Admission speech of the
Corresponding Academician for La Rioja, Mr. Dr. Arturo Rodríguez Castellanos, and
response by Mr. Dr. Don Fernando Casado Juan), 2002.
174 The credit system, savings banks and the needs of the Spanish economy (Admission
speech by the Numerary Academician, His Excellency Mr. Manuel Pizarro Moreno, and
response by His Excellency Dr. Don Isidro Fainé Casas), 2002 .
175 The financing of the housing policy in Spain with special reference to the promotion of
rental housing (Introductory speech of the Corresponding Academician for Galicia, Hon.
Mr. Dr. Don José Antonio Redondo López, and response by the Hon. Mr. Dr. Don
Camilo Prado Freire), 2002.
176 On the current crisis of scientific knowledge (Admission speech of the Numerary
Academician, His Excellency Mr. Dr. Don Dídac Ramírez Sarrió, and response by His Excellency.
Mr. Dr. Don Alfonso Rodríguez Rodríguez), 2002.
177 Morocco and Spain in the Euro-Mediterranean space: challenges of an ever-pending
association (Admission speech of the Corresponding Academician for Morocco, His
Excellency Mr. André Azoulay, and response by His Excellency Mr. Aldo Olcese
Santonja), 2003 .
178 Marketing, Protocol and Total Quality (admission speech of the Corresponding Academician
for Bizkaia, His Excellency Dr. Francisco Javier Maqueda Lafuente, and response by
His Excellency Dr. Camilo Prado Freire), 2003.
179 Corporate Social Responsibility (CSR) (admission speech of the Corresponding
Academician for La Coruña, Mr. Dr. José M.ª Castellano Ríos, and response by Mr.
Aldo Olcese Santonja), 2003.
180 Corporate information, accounting options and financial analysis (Admission speech by the
Corresponding Academician for Madrid, Mr. Dr. José Luis Sánchez Fernández de
Valderrama, and response by Mr. Dr. Don Camilo Prado Freire), 2004 .
181 The economic-administrative courts: the difficult path towards authentic tax justice
(Admission speech of the Numerary Academician, His Excellency Mr. Josep M.ª
Coronas Guinart, and response by His Excellency Mr. Dr. Joan-Francesc Pont Clement),
2004.
182 The dominant research currents in marketing in the last decade (Admission speech of the
Numerary Academician, His Excellency Mr. Dr. Enrique Martín Armario, and response
by His Excellency Dr. Camilo Prado Freire), 2005.
183 Spain and European enlargement in a global economy (Admission speech of the Numerary
Academician, His Excellency Mr. Dr. Don Jaime Lamo de Espinosa Michels de
51
Champourcin, and response by the Hon. Mr. Dr. Don Fernando Casado Juan), 2005.
184 China in the Mediterranean geoeconomic and geopolitical area (Admission speech of the
Corresponding Academician for Italy, Hon. Mr. Prof. Dr. Giancarlo Elia Valori, and
response by Mr. Dr. Alexandre Pedrós i Abelló), 2005 .
185 The integration into the EU of the historical European microstates in a context of
globalization (Admission speech of the Corresponding Academician for the Principality
of Andorra, His Excellency Mr. Don Òscar Ribas Reig, and response by His Excellency Mr. Dr.
Don Francesc Granell Trías), 2005.
186 Sustainable development as a basic support for economic growth (Admission speech of the
Corresponding Academician for Lugo, Mr. Dr. José Manuel Barreiro Fernández, and
response by His Excellency Mr. Dr. Camilo Prado Freire), 2005.
187 From the production function added to the production possibilities frontier: productivity,
technology and economic growth in the information age (Admission speech of the
Numerary Academician, His Excellency Mr. Dr. Don Manuel Castells Oliván, and
response by the His Excellency Mr. Juan Tapia Nieto), 2006.
188 The end of poverty: challenge for every economist in the 21st century (Admission speech by
the Numerary Academician, Her Excellency Ms. Isabel Estapé Tous, and response by
Her Excellency Dr. D. Isidro Fainé Casas), 2006 .
189 Legal problems of the so-called laws of State budget support (Admission speech of the
Corresponding Academician for Melilla, Hon.
Mr. Don Julio Padilla Carballada, and answer by the Hon. Mr. Enrique Lecumberri Martí),
2007.
190 Sur les «successions coexistentes» au tournant des millénaires. Quelques reflexions
épistémologiques (Admission speech of the Corresponding Academician for Romania,
Hon. Mr. Dr. Don Tudorel Postolache, and response by His Excellency Mr. Dr.
Don Josep Casajuana Gibert), 2007.
191 Economics and financing of education (Admission speech of the Numerary Academician,
His Excellency Dr. Don Ricardo Díez Hochleitner, and response by His Excellency Dr.
Don Isidro Fainé Casas), 2007.
192 Mediterraneo e civiltà della terra (Admission speech of the Corresponding Academician for
Italy, His Excellency Mr. Dr. Don Alessandro Bianchi, and response by His Excellency Mr.
Don Lorenzo Gascón), 2007.
193 L'Union européenne et la mondialisation du droit (Admission speech of the Corresponding
Academician for Tunisia, Mr. Dr. Don Abderraouf Mahbouli, and reply by His Excellency
Mr. Dr. Don Josep Casajuana Gibert), 2007.
194 International Criminal Court. Position of the Government of some States regarding their
jurisdiction (Admission speech of the Corresponding Academician for the Republic of
Chile, Mr. Dr. Don Juan Guzmán Tapia, and response by His Excellency Mr. Dr.
Don Joan-Francesc Pont Clemente), 2008.
52
195 Monetary Policy Issues in an emerging economy. The case of Romania (Admission
speech of the Corresponding Academician for Romania, His Excellency Dr. Don
Mugur Isarescu, and response by His Excellency Dr. Don Alfredo Rocafort Nicolau), 2008.
196 Business creation processes (Admission speech of the Numerary Academician, His
Excellency Dr. Francisco Javier Maqueda Lafuente, and response by His Excellency
Dr. Alfredo Rocafort Nicolau), 2008.
197 Neuroeconomics: from homo economicus to homo neuroeconomicus (Admission speech
by the Corresponding Academician for Poland, Mr. Dr. Janusz Kacprzyk, and response
by His Excellency Mr. Dr. Mario Aguer Hortal), 2008.
198 Le bicaméralisme dans les démocraties parlamentaires (Admission speech by the
Corresponding Academician for Belgium, Her Excellency Ms. Dr. Janine Delruelle
Ghobert, and response by Her Excellency Mr. Lorenzo Gascón), 2008.
199 The financial sphere of public housing policies: the necessary convergence in Europe
(Admission speech of the Numerary Academician, His Excellency Dr. José Antonio
Redondo, and response by His Excellency Dr. Camilo Prado Freire) , 2008.
200 L'impact des écarts de développement et des fractures sociales sur les relations
internationales en le Méditerranée (Admission speech of the Corresponding
Academician for Algeria, His Excellency Dr. Don Mohamed Laichoubi, and reply by
His Excellency Mr. Don Lorenzo Gascon), 2009.
201 The industry: past or future of our economy? (Admission speech of the Corresponding
Academician for Italy, His Excellency Dr. Don Romano Prodi, and response by His
Excellency Dr. Don Jaime Gil Aluja), 2009.
202 Analysis of public policies (Induction speech of the Numerary Academician, His Excellency
Dr. José Barea Tejeiro, and response by His Excellency Dr. Alfonso Rodríguez
Rodríguez), 2009.
203 Mechanism design: how to implement social goals (Admission speech by the
Corresponding Academician for the United States, His Excellency Dr. Don Eric S.
Maskin, and response by His Excellency Dr. Don Jaime Gil Aluja), 2009 .
204 The Clash of Cultures and Civilizations in the World (Admission Speech by the
Corresponding Academician for the Autonomous Community of Aragon, His Excellency
Dr. José Daniel Barquero Cabrero, and response by His Excellency Dr. Alfredo
Rocafort Nicolau ), 2009.
205
premiere grande crise du XXIe siècle (Admission speech of the Corresponding
Academician for France, His Excellency Mr. Dr. D. Thierry De Montbrial, and response
by His Excellency Mr. Don Lorenzo Gascón), 2010.
206 Macroguidance of the financial markets in transition (Admission speech by the
Corresponding Academician for Finland, Her Excellency Ms. Dr. Ms. Sirkka
Hämäläinen-Lindfors, and response by Her Excellency Dr. Ramón Poch Torres), 2010 .
53
207 Quantitative Aggregate Theory (Induction address by the Corresponding Academician

for Norway, His Excellency Mr. Dr. D. Finn E. Kydland, and reply by His Excellency Mr.
Dr. Don Jaime Gil Aluja), 2010.
208 The United Kingdom and the European Union (admission speech of the Full Member,
His Excellency Mr. Carles Casajuana Palet, and response by His Excellency Dr. D.
Alfredo Rocafort Nicolau), 2011.
209 Importance of law and trends disrupting the legal system (Admission speech of the
Corresponding Academician for the Republic of Srpska Mr. Dr. D. Rajko Kuzmanovic,
and reply by His Excellency Mr. Dr. D. Alfredo Rocafort Nicolau), 2011 .
54
OTHER PUBLICATIONS AND CO-PUBLICATIONS OF THE ACADEM IA
M-1 De Computis et Scripturis (Studies in Homage to His Excellency Mr. Dr. Don Mario Pifarré
laughed), 2003.
M-2 Academic Session of the Royal Academy of Economic and Financial Sciences at the Académie du
Royaume du Maroc (Publication of the Solemn Academic Act in Rabat on May 28, 2004), 2004.
M-3 A Constitution for Europe, studies and debates (Publication of the Solemn Academic Act of February
10, 2005, on the "Treaty establishing a Constitution for Europe"), 2005.
M-4 Pensar Europa (Publication of the Solemn Academic Ceremony held in Santiago de
Compostela, on May 27, 2005), 2005.
M-5 The future of Euro-Mediterranean relations (Publication of the Solemn Academic Session of the
RACEF and the University of Tunis on March 18, 2006), 2006.
M-6 Twenty years of Spain in European integration (Publication on the occasion of the twentieth
anniversary of the incorporation of Spain into the European Union), 2006.
M-7 Science and culture in Mediterranean Europe (I Italo-Spanish Meeting of the Royal Academy of
Economic and Financial Sciences and the Accademia Nazionale dei Lincei), 2007.
M-8 The social responsibility of the company (CSR). Proposal for a new economy of
the responsible and sustainable company, 2007.
M-9 The new economic-financial context in Mediterranean cultural and scientific activity (International
Academic Session in Santiago de Compostela), 2008.
M-10 Plurality and Unity in European Social, Technical and Economic Thought (Joint Academic Session
with the Polish Academy of Sciences), 2008.
M-11 Contribution of Mediterranean science and culture to human and social progress (Session
Academic held in Barcelona on November 27, 2008), 2009.
M-12 The crisis: risks and opportunities for the Atlantic Area (Academic Session in Bilbao), 2009.
M-13 The future of the Mediterranean (Joint Academic Session between the Montenegrin Academy of
Sciences and Arts and the Royal Academy of Economic and Financial Sciences, held in
Montenegro on May 18, 2009), 2009.
M-14 Globalization and Governance (International Colloquium between the Royal Academy of Economic
and Financial Sciences and the Franco-Australian Center for International Research in
Management Science (FACIREM), held in Barcelona on November 10-12, 2009), 2009.
M-15 Economics, Management and Optimization in Sports. After the Impact of the Financial Crisis
(International Seminar held in Barcelona on December 1-3, 2009), 2009.
55
M-16 Measurement and Evaluation of Corporate Social Responsibility (CSR) in Ibex 35

Companies, 2010.
M-17 Planetary challenge: sustainable development and new responsibilities (Solemn Joint
Academic Session between the Académie Royale des Sciences, des Lettres et des
Beaux Arts of Belgium and the Royal Academy of Economic and Financial Sciences
of Spain, in Brussels on the 8th of June 2010), 2010.
M-18 Analytical Seminar on the current casuistry of bankruptcy law (Academic Session held
on June 4, 2010), 2010.
M-19 Marketing, Finance and Sports Management (Academic Session held at the Royal
Academy of Economic and Financial Sciences in December 2009). 2010- 09-20.
M-20 Optimal Strategies in Sports Economics and Management (Book published by Springer
Editorial and the Royal Academy of Economic and Financial Sciences). 2010
M-21 The meeting of nations through culture and science (Solemn Session
of Economic and Financial Sciences of Spain, in Amman on November 8, 2010). 2010.
M-22 Creation of value and corporate social responsibility (CSR) in IBEX companies
35. 2011.
M-23 Incidence of economic relations in the economic recovery of the Mediterranean area
(VI International Act held in Barcelona on February 24, 2011), (Includes DVD with
summaries and interviews with the speakers). 2011
56

Importancia Del Derecho

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Importancia Del Derecho

Uploaded by

Copyright:

Available Formats

Machine Translated by Google

This publication has been made

Publications of the Royal Academy of Economic and Financial Sciences

I. Title II. Rocafort Nicolau, Alfredo III. Collection

1. Academic discourses 2. Comparative law

The Academy is not responsible for

Publisher: © Royal Academy of Economic and Financial Sciences, Barcelona, 2011

Legal deposit: BB-23224-2011

Registration number: 11/48959

Publications of the Royal Academy of Sciences

HE. MR. DR. Mr. RAJKO KUZMANOVIC

And response from His Excellency Mr. Academic Number

HE. MR. DR. Mr. ALFREDO ROCAFORT NICOLAU

Barcelona, May 2011

Entrance speech at the Royal Academy of Economic Sciences and

HE. MR. DR. Mr. RAJKO KUZMANOVIC

ABSTRACT .................................................. .......9

IMPORTANCE OF LAW AND TENDENCIES DISRUPTING THE

Speech in response by the Academician of Number

Publications of the Royal Academy of Economic and Financial Sciences. . . . .35

HE. MR. DR. Mr. RAJKO KUZMANOVIC

IMPORTANCE OF LAW AND DISRUPTING TRENDS

1. ORIGIN AND IMPORTANCE OF LAW AND LEGAL SYSTEM

Law is a great accomplishment of civilization and a great act of people,

Law, as science and as positive law, is a historical legacy of mankind. It

Organized society is inconceivable without law. Like there is the cosmic

2. CONTEMPORARY WAYS OF CREATING LAW AND LEGAL ORDER

Law in general, and contemporary law in particular, is not a static category,

In the contemporary manner of creation of law and legal system some

Contemporary legal systems did not manage to withstand out-of-law

3. LEGAL MEASURES AND STANDARDS IN LEGAL SYSTEM

4. OCCURRENCES THAT DISRUPT THE CONTEMPORARY LEGAL

Legal situation in most of the countries of the world, including the

European legal system, fetishization of law and legal system, politicization of

a) Simultaneous existence and application of a number of legal systems.

b) Penetration of Anglo-Saxon Legal System. The European Law School

theoreticians, starting from Jelinek, Kelsen, Radbruch, Weber, Birdeau to Perovic,

On the other hand, Anglo-Saxon or precedent law is utilitarian, casuistic,

Therefore, the presence of Anglo-Saxon (precedent) law is a confusing

c) Fetishization of legal norms. Most legal theoreticians consider

It is true that the Constitution cannot be modified at anyone's convenience, but

d) Etatism of law and regulations. Etatism of law and regulations is present

e) Politicization of legal system. There is an important difference between

f) Excessive norming. Excessive norming is clearly shown in all the

f) Proliferation is a tendency that accompanies and that is the other side

f) Absolutization and individualization represent a very serious obstacle

g) Simplification of law. All of the above-mentioned negative trends

Response speech by the Academician of Number

HE. MR. DR. Mr. ALFREDO ROCAFORT NICOLAU

HE. MR. DR. Mr. ALFREDO ROCAFORT NICOLAU

Your Excellency Mr. President,

Replying on behalf of this Royal Corporation to the speech of Dr. Rajko

Although it is not easy to define such a brilliant career in a few words, I am

Rajko N. Kuzmanovic, born in Celinac, Bosnia and Herzegovina, graduated

In the field of politics, and above all cultural politics, Professor

He has participated in international forums in Paris (1986), Kony (1990),

His extensive professional experience has earned him international recognition

Professor Kuzmanovic has 21 publications on constitutional issues and

Professor Rajko Kuzmanovic has given us today a master class on a topic

Thus, the different nations, developed under similar parameters of

In this ideal reality, the corresponding constitutions will emerge as “norma

We cannot object to this, but we can ask ourselves: is Law currently

Another of Professor Kuzmanovic's ideas that I want to highlight is that