scholarly journals Europeanisation and German Public Administration

Author(s):  
Hans Hofmann

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.

2019 ◽  
pp. 185-199
Author(s):  
Henk Addink

In ‘Good governance in the EU member states’ we investigated the interpretations and implementation of good governance and its principles in the EU member states, taking into account the different functions of government bodies. Good governance implementation is of growing importance on a national level in the fulfilment of public tasks by the public authorities, but also in relation to private institutions, when fulfilling tasks that are in the public interest. The common interest is related to a society’s underlying public values and it is directly linked to the concept of good governance. Good governance has a dual nature: the factual and the ideal. The factual dimension is represented by the realisation of good governance as an administrative fact and the ideal dimension in the element of conceptual (moral) correctness. Once conceptual correctness is acknowledged as a necessary element, the picture fundamentally changes: a non-positivist concept of good governance evolves. Good governance promotes cultural, economic, and social dynamics coherently within a society and in concrete situations. Good governance is the backbone of any modern European state. Also, some studies about good governance in states outside the European Union. Of course, there are important differences between and within continents; nevertheless, we can take a similar approach to other states in Africa, America and Australia. One of the new elements is also the attention to the issue of integrity in relation to the concept of good governance. We will present more clearly the concept of good governance in its concrete sense inside and outside Europe. We found good governance norms specified in legislation, policy documents, and decisions of courts and other controlling institutions like the ombudsmen and the courts of audit. A special point of attention is the link—in both theory and practice—between good governance and integrity.


Geografie ◽  
2007 ◽  
Vol 112 (1) ◽  
pp. 1-16
Author(s):  
Veronika Tománková

This paper provides an analysis of the public opinion in the EU countries concerning further enlargement. Public opinion plays an important role in the current integration processes and is an integral part of the research concerning the European Union. The differentiation in the support for the EU enlargement across 25 countries can be explained by the multivariate LISREL (linear structural equations) analysis that makes possible to identify a causal system through the explanatory model. The model includes structural and public opinion variables in the set of the twenty-five EU member states. Multivariate statistical analysis shows a low public opinion support for the EU enlargement in rich states and, on the other hand, a clear support in a group of post-communist member states.


2020 ◽  
Vol 39 (4) ◽  
pp. 121-144
Author(s):  
Kamila Sobieraj

The aim of this article is analysis of one of the barriers to the functioning of procedures for authorization, certification and licensing of RES investments - lack of coordination in actions of the public administration authorities while conducting those procedures, both in the context of EU law, as much national laws of selected Member States. Why this barrier is still dominant? The article is devoted to analysis of possible and applied models for such coordination in the area of RES investments. Attention has also been drawn to restrictions which should be taken under consideration by Member States while the regulations regarding procedures coordination implementing. Constructing and applying of coordination of public administration authorities activities in such a way as it might contribute to streamlining and accelerating administrative procedures in the area of RES investments and consequently achieve a designated RES energy share in the final gross energy consumption, is not an easy task. Inappropriately constructed and applied mechanisms may lead to an exactly opposite effect


2017 ◽  
Vol 14 (1) ◽  
pp. 58-75
Author(s):  
Gediminas Valantiejus

AbstractIn 2016, the European Union has launched a new and ambitious project for the future regulation of international trade in the European Union and the rules of its taxation: since the 1 May 2016, the new Union Customs Code (UCC) has entered into force. It revokes the old Community Customs Code (CCC), which was applied since 1992, and passed in the form of EU regulation sets brand-new rules for the application of Common Customs Tariff and calculation of customs duties (tariffs) in all the EU Member States. It is oriented to the creation of the paperless environment for the formalisation of international trade operations (full electronic declaration of customs procedures) and ensuring of a more uniform administration of customs duties in the tax and customs authorities of the Member States in the European Union. Therefore, the article raises and seeks to answer the problematic question whether the Member States of the European Union themselves are ready to implement these ambitious goals and does the actual practice of the Member States support that (considering the practice of the Republic of Lithuania). The research, which is based on the analysis of case law in the Republic of Lithuania (case study of recent tax disputes between the taxpayers and customs authorities that arose immediately before and after the entry into force of the UCC), leads to the conclusion that many problematic areas that may negatively impact the functioning of the new Customs Code remain and must be improved, including an adoption of new legislative solutions.


2020 ◽  
pp. 43-52

Money laundering and terrorism financing are serious and internationally emerging issues that must be approached and confronted at European Union level. The latest terrorist attacks and periodic banking scandals highlight the necessity for additional attention in this particular direction. In regard to the internal EU market, financial flows are integrated and trans-border by nature, thus funds can circulate rapidly, from one country to another, offering the possibility to perpetrators and terrorists to transfer money across Member State avoiding detection by authorities. This specific situation generates the necessity to identify and understand the particular ML/TF risks generated by services and products offered within the EU economic and financial ecosystem. In order to ensure an efficient mechanism for identifying the ML/TF risks associated with the products and services provided on the territory of European Union, the 4AMLD provides the obligation of the EU Commission to perform once in two years the so-called European Union Money Laundering and Terrorist Financing Supranational Risk Assessment. Since 2017 two supra-national risk assessments were carried out and the final results are used by Member States to monitor the evolution of risks at Union level and to implement the necessary recommendation for ensuring a proper minimization of threats and vulnerabilities at the national level. This paper aims to analyze, understand and compare the main outcomes of the two assessments, namely the identified risks and their links with vulnerable sectors, as well as the evolution or devolution of certain risks as a result of mitigation measures applied by EU Member States. Another task of this article is to provide additional recommendations in terms of mitigating measures and efforts, which must be taken into account by Member States


2017 ◽  
Vol 8 (1) ◽  
pp. 212
Author(s):  
Ryta Iwona Dziemianowicz ◽  
Aneta Kargol-Wasiluk

Due to the rapid increase of the budget deficit and public debt in many the EU countries after 2008, fiscal policy has faced a significant challenge for developing an appropriate tools to strengthen fiscal discipline and thereby improve the quality of public finance. Institutional mechanisms such as among others numerical fiscal rules play an important role in maintaining the fiscal discipline and support fiscal credibility of the state. Fiscal rules are most often defined as permanent constraints on fiscal policy, expressed by indicators introducing a limit for a particular fiscal aggregate, such as a budget deficit (real or structural), public debt, public expenditure or public revenue. The theoretical objective of the article is to analyze the institutional dimension of numerical fiscal rules (their type, legal basis, transparency, complexity, flexibility, adequacy and coherence). The empirical purpose, on the other hand, is to conduct a statistical analysis and to examine the relationship between the value of the fiscal rules index and the level of budget deficit and public debt in 28 Member States of the European Union. Examining the effectiveness of applied fiscal rules, at both European and national level seems to be the most valuable part of the analysis.


Author(s):  
Ivo Rollis ◽  
Zaneta Ozolina

The article addresses main OECD SIGMA recommendations regarding national European Union (EU) policy co-ordination in Ukraine and provides relevant lessons from Latvia and other EU Central and Eastern Europe (CEE) Member States in addressing similar challenges from the EU pre-accession and post-accession experience. Efficiency of a national policy co-ordination is one of the core determinants to succeed europeanization of a national core executive power and further integration with the EU. The OECD SIGMA Baseline Measurement Assessment Report on Principles of Public Administration in Ukraine published in June 2018 reveals important concerns in steering and co-ordination of some reform initiatives, overlapping competences of public bodies in co-ordinating policy planning and implementation monitoring of the Government’s performance in public sector reforms. Effective implementation of national reforms is vital also in the terms of implementation of the Ukraine–EU Association Agreement (AA) that entered into force on September 1, 2017 and Actual problems of international relations. Release 140. 2019 16 requires a high level of coordination in the Ukrainian government. Relevant national EU policy co-ordination experience of the EU CEE Member States is revisited as a possible lesson for Ukraine in implementation of essential structural reforms on the national level. Key words: europeanization, Association Agreement, principles of public administration, national policy co-ordination, policy planning


Author(s):  
Aleksei Sorbale ◽  

This study analyzes 25,516 cases of violation of the European Union law by 28 Member States from 1993 to 2018. I strive to outline the national level determinants of differentiation in the pool of member countries by the total number of the EU law violations. As a key method of analysis, logistic regression is used, where factors of GDP per capita (PPP), polarization of the parliament, fragmentation of the party system, regional strategies and quality of governance are used as country attributes. The analysis demonstrates that all country attributes are significantly related to all four quartiles of the outcome, which rank member states depending on the number of violations during the period under review: from the smallest share of violated directives (Q1) to the largest share of violated directives (Q4). The results of the study demonstrate the empirical relevance of the theoretical perspective of “worlds of compliance” formulated by G. Falkner et al. (2007) for the categorization of EU member states in their reactions to the compliance efforts of the EU.


2021 ◽  
Vol 120 ◽  
pp. 01010
Author(s):  
Daniela Pastarmadzhieva ◽  
Mina Angelova

The challenges caused by the Covid-19 pandemic have numerous dimensions. Although the public and the health care systems are the most affected by the situation, the indirect consequences may last longer. One of the areas, which has been put under stress is the relations between the society and the state. These relations determine the overall stability and performance of the states, which is also valid for supranational entity as the European Union (EU). In order to protect its stability, the member states of the latter need to respond the expectation and priorities of their citizens. Thus, the purpose of the current study is to identify if there is a change in the priorities of the EU citizens and what is it. The object of the study are the countries, members of the European Union, studied from 2016 to 2020. Focus of the research is the topics, most relevant for the citizens of EU member states. The data used is from Euro barometer and for the purposes of the analysis statistical methods (frequencies and cross tables) and comparative approach are used. The results show that generally the top priorities of the EU citizens are the same, but their intensity varies across the studied years.


2015 ◽  
Vol 67 (4) ◽  
pp. 328-348
Author(s):  
Nikola Stojanovic

The paper analyses the implementation of the EU immigration and asylum policy and the control of EU member states' external borders in the aftermath of the Arab Spring. The author argues that the European Union pursues an exclusive version of those policies aimed at reducing the immigration pressure as well as preventing illegal border crossings into the member states. Two key mechanisms have been identified in the EU policy implementation: 1) a restrictive border control regime, and 2) agreements to transfer border management and supervision tasks to the third countries (transitional countries). The author emphasizes that the development of an exclusive migration strategy was not followed by the needed changes of the inclusive aspects of the EU immigration and asylum policy and the control of external borders; in fact, the EU member state's asylum systems were not preventively strengthened as to enhance national capacities to receive and integrate new migrants. The dramatic increase of the number of illegal crossings of the European Union external borders in 2014 caused the collapse of the EU immigration strategy, and failures in national asylum systems of the member states. The author concludes that partially integrated EU immigration and asylum policy at national level led to the dysfunctional external border management and the EU's loss of control over massive immigration influxes.


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