scholarly journals Openness and Transparency in (Slovene) Administrative Procedures as Fundamental European Principles

2016 ◽  
Vol 9 (2) ◽  
pp. 49-67
Author(s):  
Polonca Kovač
Keyword(s):  
Public Administration ◽  
Single Case ◽  
Access To Information ◽  
European Regulation ◽  
Empirical Survey ◽  
Legal Documents ◽  
Oecd Principles ◽  
Administrative Procedures ◽  
The Right ◽  
The Eu

Abstract Openness and transparency are general administrative principles, closely related to lawfulness, accountability, responsiveness, participation and other elements of good administration. Despite their long existence in theory and legal documents, both at the European and national levels, the content and the relation of and among the respective principles is blurred. This applies even in single-case administrative procedures through the classic rights of defense, such as the right to access to information or the right to be heard. The paper explores these dimensions based on comparative analyses of the EU Charter, the OECD principles on good administration and governance and the Slovene law on administrative procedures, proving compliance between Slovene and European regulation. Furthermore, a consistent definition is proposed. Transparency is thus understood as parallel to participation. Both are seen as subcategories of openness which, as the sum of the rights of defense, is based on lawfulness and leads to accountability and ethics. However, as revealed by an empirical survey in 2015, the Slovene public administration sees these issues in a rather formal way. Finally, suggestions are made for future legislation and its implementation in terms of open and good administration.

scholarly journals El reconocimiento y contenido internacional del acceso a la información pública como derecho fundamental

2018 ◽  
pp. 279
Author(s):  
Lorenzo Cotino Hueso
Keyword(s):  
Latin America ◽  
Public Information ◽  
Access To Information ◽  
Council Of Europe ◽  
America Latina ◽  
The Right ◽  
Right Of Access ◽  
Sobre Todo ◽  
The Eu

El estudio analiza el paulatino reconocimiento internacional y supranacional del derecho de acceso a la información pública como un derecho fundamental. En el ámbito mundial y especialmente en América Latina y también en la UE es un proceso muy avanzado. Ello ha influido en los últimos años en el Consejo de Europa. Además de declaraciones y el Convenio 205, es especialmente significativa la acción del TEDH desde 2009 y, sobre todo, con su sentencia de noviembre de 2016. Se analiza el nuevo test para saber si el derecho de acceso a la información tiene o no la protección de derecho fundamental en cada caso concreto.The study analyzes the gradual international and supranational recognition of the right of access to public information as a fundamental right. This is a very advanced process worldwide, and especially in Latin America and the EU. For the Council of Europe, beyond declarations and Convention 205, it is analyzed. Anycase the focus is on the ECHR’s action since 2009 and, above all, its judgment of November 2016. The new test to know whether or not the right of access to information has the protection of fundamental right in each specific case is examined.

scholarly journals ADMINISTRATIVE APPEAL

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Barjam Gjishti
Keyword(s):  
Public Administration ◽  
Legal Person ◽  
Central Administration ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Functions ◽  
State Administration ◽  
Administrative Procedures ◽  
The Right ◽  
First Time

The term public administration in the Albanian legal system identifies the group of state administration bodies / public entities that contribute to the performance and functioning of state administration in matters of its competencies. The provision for the first time defined by the bodies that are part of the public administration is Article 3 of the Code of Administrative Procedure, 1999, repealed by the new Administrative Procedure Code, which provides in Article 3, point 6, “the public organ” bodies that are part of the public administration are those exercising administrative functions. The new Code of Administrative Procedures shall designate as a public administrative body any central administration body, local authority, law enforcement authorities, as long as they perform administrative functions, public entities and any natural or legal person who has been given by law, statute or any other form provided by the legislation in force, the right to exercise administrative functions. All public bodies that do not exercise administrative functions are excluded from this definition.

scholarly journals Europeanisation and German Public Administration

2021 ◽  
pp. 53-60
Author(s):  
Hans Hofmann
Keyword(s):  
Public Administration ◽  
National Level ◽  
The European Union ◽  
European Level ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
Legal Remedy ◽  
Administrative Procedures ◽  
The Eu

AbstractThis chapter discusses how public administration in Germany is influenced by the making and implementation of law by the organs of the European Union (EU). Although the public administrations of the EU Member States are, in principle, responsible for enforcing the laws made by the EU, the EU’s influence on the public administration of Germany as EU Member State is constantly growing. This is true, not only of those areas in which the Member States have transferred to the EU the authority to make laws, but increasingly also of those areas in which the Member States have retained such authority. At the same time, however, there is no systematic codification of the law on administrative procedures at European level and no system of legal remedy for Union citizens equivalent to those at national level.

scholarly journals Access to information as a tool of the prevention of corruption in EU institutions

2007 ◽  
Vol 59 (2-3) ◽  
pp. 433-462
Author(s):  
Srdjan Korac
Keyword(s):  
Good Governance ◽  
Fundamental Rights ◽  
Access To Information ◽  
Political Will ◽  
Rules Of Procedure ◽  
Public Scrutiny ◽  
The Right ◽  
The Impact ◽  
Appeal Procedure ◽  
The Eu

The author analyses the impact of exercising the right to access to information and respecting of transparency for the prevention of corruption in the EU institutions. These two issues are the key principles of good governance and basic prerequisites for democratic participation, allowing citizens to effectively protect their fundamental rights and liberties through public scrutiny. The EU standards are assessed by comparison with the internationally recognized standards, and five indicators have been used: the scope of the right to access, the scope of exceptions, the administrative and appeal procedure, the protection of whistleblowers, administration performance openness and political will. The author wonders if the adopted regulations and rules of procedure are strict enough to prevent emergence of corruption and maladministration in the EU institutions.

scholarly journals Public Administration Reforms in Slovakia: Limited Outcomes (Why ?)

2018 ◽  
Vol 11 (1) ◽  
pp. 115-134 ◽  
Author(s):  
Juraj Nemec
Keyword(s):  
Public Administration ◽  
Civil Service ◽  
Slovak Republic ◽  
Point Of View ◽  
Standard Group ◽  
Civil Service Reform ◽  
Public Administration Reform ◽  
The Right ◽  
High Level ◽  
The Eu

AbstractThe goal of this paper is to document and to analyse public administration reform dynamics and outcomes in three selected areas – transparency and accountability, civil service and local self-governments.The high level of potential access to government information in Slovakia does not “produce” increased accountability, predictability and also does not effectively serve as a tool to control corruption. We argue that citizens are not only victims, but also accomplishers: their tolerance for corruption, excessive bureaucracy and rentseeking is confirmed by many existing studies.Concerning civil service reform, Slovakia shows a substantial reform reversal towards politicisation and centralisation after 2001, which clearly threatens the fundamental features of democratic governance. Soon after the EU accession in 2004 major regressive changes took place, and the Civil Service Office was abolished in 2006. The new legislation in force from 2017 (forced by the EU conditionality) should return the Slovak civil service back on the right track – let us to see.With regard to self-government the reforms aimed towards the establishment of more independent local and regional self-government. However, the major issue here is the extreme fragmentation on the municipal level – almost 3,000 municipalities in the country, most of them bellow 1,000 inhabitants. Many studies confirm that amalgamation (or at least functional amalgamation) is necessary – but there is no political will to start it.What are the main lessons from the Slovak case ? The information provided indicates that the Slovak Republic belongs to the “standard” group of CEE countries – after the first wave of democratisation reforms immediately after 1989, most of the later changes were realised “thanks to” external motivations and pressures – and not always really welcomed. The specific issue, however, is the decentralisation reform in 2000 – 2005. This change, providing really fragmented local self-government by extra rights and responsibilities, was internally driven, with positive results from the point of view of self-government principles, but with many hurdles caused by too large a number of too small municipalities.

scholarly journals Public Administration’s Adaptation to COVID-19 Pandemic – Czech, Hungarian, Polish and Slovak Experience

2021 ◽  
Vol 19 (1) ◽  
pp. 133-158
Author(s):  
Matej Horvat ◽  
Wojciech Piątek ◽  
Lukáš Potěšil ◽  
Krisztina F. Rozsnyai
Keyword(s):  
Infectious Disease ◽  
Everyday Life ◽  
Public Administration ◽  
New Technologies ◽  
Public Life ◽  
Fair Trial ◽  
Reasonable Time ◽  
Administrative Procedures ◽  
The Right ◽  
Visegrad Group

The pandemic of the infectious disease Covid-19 affected everyday life including public administration. In order to proceed with its duties, public administration had to adapt to these new and unprecedented conditions. The main goal of the article is to assess how public administration bodies adapted to the Covid-19 pandemic, especially in terms of the principle of the speed of procedure in the sense of the right to a fair trial within a reasonable time. In order to achieve this goal, the article focuses on public administration’s adaptation to the pandemic from the perspective of the Visegrad Group countries (V4). It analyses the digitalisation of public administration in relation to delivery, speed of procedure, usage of new technologies, as well as several other areas of public life affected by the pandemic. Specific examples from all V4 countries are analysed and compared in order to identify which approaches were taken by public administration, how they changed the way public administration carried out administrative procedures, and which values were decisive for these changes. Based on these examples, the article concludes that the approach taken by respective legislatures and public administrations in the V4 region complies with the law, but also presents several exceptions.  

scholarly journals Consular cooperation in third states: Some aspects concerning europanisation of foreign service for EU citizens

2017 ◽  
Vol 1 (1) ◽  
pp. 71-83
Author(s):  
Erzsébet Csatlós
Keyword(s):  
Member State ◽  
Public Administration ◽  
Organizational Changes ◽  
Member States ◽  
Foreign Service ◽  
The Public ◽  
Eu Legislation ◽  
The Right ◽  
Substantive Law ◽  
The Eu

The EU does not aim to harmonize the public administration of Member States, although, in recent years, there have been several examples which prove that EU legislation in whatever policy inevitably and unavoidably results in some standardization. In 2015 the EU replaced its former decision with a directive to enhance Member States to co-ordinate consular assistance in third States. Every EU citizen has the right to enjoy, in the territory of a third State in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State. This provision of Article 23 of TFEU not solely requires the cooperation of administrative authorities of foreign service but implicitly means a kind of harmonization of substantive law, leads to organizational changes and affects administrative procedural rules of Member States.

scholarly journals O Povo como Fiscal da Lei: a importância do acesso à informação para o controle popular dos atos da Administração Pública - People as Prosecutor: the importance of access to information for the popular control of Public Administration Acts

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Vanessa Oliveira De Queiroz
Keyword(s):  
Social Control ◽  
Public Administration ◽  
Access To Information ◽  
The Right ◽  
Criminal Conduct ◽  
Right Of Access ◽  
Popular Power ◽  
Personal Interests ◽  
Popular Control

<p>Este artigo discute o papel do acesso à informação para o exercício do controle popular sobre a atuação dos agentes públicos. O contexto do debate é a reedição em massa, nos últimos anos, de condutas criminosas, além de atos de improbidade administrativa, por pessoas investidas em cargos públicos ou no exercício de funções públicas na estrutura da Administração brasileira. Essas pessoas buscam a satisfação de interesses pessoais, e não de finalidades públicas, do que resultam danos ao erário e o enriquecimento ilícito. Assim, propõe-se o fomento a uma narrativa de ressignificação do poder popular para fins de vigilância sobre os atos praticados pelos agentes públicos de modo a contribuir para a prevenção e o combate às práticas ilegais. Demonstra-se, nesse contexto, a dependência do exercício do controle social em relação à efetivação do direito de acesso à informação.</p><p> </p><p>This paper discusses the role of access to information for the exercise of popular control over the performance of public agents. The context of the debate is the mass re-enactment, in recent years, of criminal conduct, besides acts of administrative impropriety, by persons invested in public offices or in the exercise of public functions in the structure of the Brazilian Public Administration. These people seek the satisfaction of personal interests, not public purposes, resulting in damage to the treasury and illicit enrichment. Thus, it is proposed to foster a narrative of re-signification of popular power for purposes of surveillance of the acts practiced by public agents in order to contribute to the prevention and combat of illegal practices. It is demonstrated, in this context, the dependence of the exercise of social control in relation to the effectivity of the right of access to information.</p>

scholarly journals Innovative Administrative Procedure Law: Mission Impossible ?

2017 ◽  
Vol 10 (2) ◽  
pp. 93-117 ◽  
Author(s):  
Polonca Kovač
Keyword(s):  
Public Administration ◽  
Alternative Dispute Resolution ◽  
Structured Interviews ◽  
Administrative Procedure ◽  
One Stop ◽  
Administrative Procedures ◽  
Mind Set ◽  
The Mind ◽  
The Eu

Abstract Law and innovation are oft en seen as antagonistic notions, particularly in administrative (authoritative) relations. Th is paper addresses this issue based on the regulation of administrative procedures, since they represent core public-administration activities in contemporary society. Hence, they need to be codified and implemented, both on the EU and national levels, in a more flexible and party-oriented way, even though still preserving legal certainty. The author argues that Europeanisation contributes to innovation in administrative procedure law, with institutions such as alternative dispute resolution or one-stop-shops. In order to explore the potential drivers of and barriers to innovation, particularly in Eastern Europe, a survey and several structured interviews were carried out in Slovenia as a case study. Th e results reveal that the culture in the region is legalistically driven and thus hinders innovation, even that which has already been introduced in the law. Consequently, a key obstacle to be addressed in future measures is the mind-set in public administration rather than a pure legal change.

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