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.

E-Government's Role in Shifting the Paradigm of Performance in the Public Sector

2015 ◽  
Vol 2 (4) ◽  
pp. 29-45 ◽  
Author(s):  
Lidia Noto
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Structured Interviews ◽  
The Public ◽  
Digital Services ◽  
The World ◽  
Critical Issues ◽  
Government Project ◽  
Feedback Structure

The emergence of e-government changed the world of the Public Administration (PA) and the discipline of Public Management dramatically. Through the presentation of a case- study of the municipality of Palermo, this article attempts to discuss the renewed need for assessing performance of e-government services in a local government and to disclose the main critical issues in accomplishing this evaluation. Palermo is experiencing the implementation of a second- generation e-government project that is embodied in the realization of a web portal. The conceptualization of a framework to assess the performance of the digital services appears to be crucial in order to improve the system and to avoid the errors of the first project. This work relies on a survey to the citizens and semi-structured interviews to managers in charge of the development of the project. System Dynamics, a particular kind of dynamic simulation, is used to provide the necessary feedback structure for identifying the determinants of the success of the portal.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

New Wine in Old Wineskins: General Administrative Procedure and Public Administration Reform in Croatia

2014 ◽  
Vol 12 (2-3) ◽  
pp. 183-197
Author(s):  
Vedran Đulabić
Keyword(s):  
Institutional Theory ◽  
Public Administration ◽  
Empirical Data ◽  
Research Topic ◽  
Legal Text ◽  
Main Research ◽  
Administrative Procedure ◽  
Public Administration Reform ◽  
Main Research Topic ◽  
The Eu

In  2009,  Croatia  adopted  the  new  General  Administrative  Procedure  Act (GAPA),  which  introduced  several  novelties  in  the  regulation  of  general administrative procedure. The main research topic deals with the changes that the new GAPA, as an incentive for public administration reform in Croatia, has produced. The empirical data were collected within the EU funded IPA project “Support  for  the  implementation  of  the  General  Administrative  Procedure Act” (2012−2013) and interpreted on the basis of institutional theory. Despite changes to the legal text, the empirical data show that the new GAPA has not resulted in actual changes in everyday public administration.

Supersoldiers or Rulebreakers? Unpacking the Mind-Set of Special Operations Forces

2018 ◽  
Vol 45 (4) ◽  
pp. 591-611 ◽  
Author(s):  
Anja Dalgaard-Nielsen ◽  
Kirstine Falster Holm
Keyword(s):  
Literature Review ◽  
Conceptual Model ◽  
Organizational Environment ◽  
National Defense ◽  
Special Operations ◽  
Special Operations Forces ◽  
Fault Lines ◽  
Mind Set ◽  
The Mind

Special Operations Forces (SOFs) are increasingly central in national defense postures worldwide. The term “SOF mind-set” encapsulates the current political enthusiasm but is rarely explicitly defined or systematically studied. Based on a literature review, this article suggests a conceptual model of SOF’s mind-set, which is refined via a Danish case study. It discusses when and where this mind-set complicates collaboration with the wider military organizational environment and how SOF could navigate potential fault lines. By systematically unpacking SOF’s mind-set, the article aims to add nuance to polarized conceptions and stereotypes.

scholarly journals Proposal of an Implementation Methodology of ICT Processes

Information ◽  
2019 ◽  
Vol 10 (11) ◽  
pp. 327 ◽  
Author(s):  
Edna Dias Canedo ◽  
Ruyther Parente da Costa ◽  
Luis Henrique Vieira Amaral ◽  
Moramay Coutinho ◽  
Georges Daniel Amvame Nze ◽  
...  
Keyword(s):  
Public Administration ◽  
Communication Technology ◽  
Implementation Process ◽  
The State ◽  
Information Communication ◽  
Structured Interviews ◽  
Implementation Methodology ◽  
Definition Of ◽  
State Employees

The challenge to enhance the use of Information Communication Technology (ICT) in the Brazilian Federal Public Administration involves not only technological issues but also staff training, adaptation to new culture, and understanding of processes. Furthermore, knowledge must be well aligned and articulated so that ICT resources are applied efficiently and effectively, meeting the needs of society, ensuring the provision of quality public service and, above all, providing better conditions for the exercise of functions performed by employees. This article presents an account of the implementation of the ICT processes in a State Company based on the ICT Governance Kit proposed for the Secretariat of Coordination and Governance of State Companies. During the execution of the case study, we surveyed the initial diagnosis of the processes performed by the State, as well as brainstormings and semi-structured interviews to help the implementation process. The diagnosis made it possible to identify the level of maturity of the existing ICT processes in the State and to verify if they were being carried out in the best possible way. The driving dynamics worked as a pilot, allowing the exchange of knowledge between teams, improvements suggestion in some processes of the Kit and the definition of a proposed methodology for the implementation of the Kit that could serve as a model to be used by other States which will implement the Kit. Lastly, the processes contemplated in the Kit were considered adherent by the execution team (State employees specialists in ICT Governance who participated in the implementation process), and the suggested artifacts were validated.

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 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 INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

2020 ◽  
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Perspective Planning

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

scholarly journals Administrative Procedures and Processes

2021 ◽  
pp. 163-183
Author(s):  
Jan Ziekow
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Legal Status ◽  
New Public Management ◽  
Administrative Procedure ◽  
Generic Term ◽  
New Public ◽  
Process Thinking ◽  
Administrative Procedures ◽  
High Degree

AbstractA process-oriented approach sees public administration as an interconnection of information, communications, interactions and decisions. It establishes the process organisation that shows the state ‘in action’ and complements the administrative and personnel side of public administration. While the term administrative processes can be understood as a generic term for this procedural side of the administration, according to the German understanding, procedures are processes with which the administration works towards citizens and companies and in which these face the administration with their own rights. Characteristic of these procedures vis-à-vis persons outside the administration is a high degree of juridification by administrative procedure law. The legal status of the citizen vis-à-vis the administration is very strong in Germany. In recent years, also influenced by New Public Management thought, great efforts have been made to optimise the procedural side of public administration. The chapter presents significant tools and approaches of this process thinking.

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.

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