Endogenous Transformations in European Public Administration: Soft-Law, Transnationally Networked Governance as a Self-Reinforcing Trend

Author(s):  
Joseph Corkin ◽  
Nina Boeger
Author(s):  
Martha Ivanivna Karpa

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.


2011 ◽  
Vol 13 (4) ◽  
pp. 1-41 ◽  
Author(s):  
Max V. Kidalov ◽  
Keith F. Snider

This paper provides a comparative perspective of public procurement policies for small and medium-sized enterprises (SME) in the United States and Europe. Public procurement is increasingly recognized as a strategic function of public administration because of the huge amount of resources it consumes, as well as the important policy objectives it seeks to promote, including SME-related objectives. Progress towards meeting SME procurement participation goals, however, remains elusive on both sides of the Atlantic. Policy makers and administrators have little comparative research upon which to draw regarding the effectiveness of various policy approaches, a shortcoming this paper seeks to address. An institutional perspective is adopted which helps explain similarities and differences in U.S. and European SME policies.


Author(s):  
Jarle Trondal

In a multilevel governance system such as the European Union (EU) policy processes at one level may create challenges and dilemmas at lower levels. Multilevel governance involves a multiplicity of regulatory regimes and succeeding governance ambiguities for national actors. These regulatory challenges and ensuring governance dilemmas increasingly affect contemporary European public administration. These challenges and dilemmas are captured by the term turbulence. The inherent state prerogative to formulate and implement public policy is subject to an emergent and turbulent EU administration. Organized turbulence is captured by the supply of independent and integrated bureaucratic capacities at a “European level.” Throughout history (1952 onwards) the EU system has faced shifting hostile and uncertain environments, and responded by erecting turbulent organizational solutions of various kinds. Studying turbulence opens an opportunity to rethink governance in turbulent administrative systems such as the public administration of the EU.


2014 ◽  
Vol 11 (2) ◽  
pp. 93-107
Author(s):  
Márton Gellén

The article examines the recent developments in public administration training in Hungary and draws conclusions for the future. The paper analyzes the connection between legalism and professionalism in Hungary. Legalism and professionalism are displayed as contrary notion by a considerable number of theorists. It appears that »legalism« is an appropriate label for the past status of public administration that reformists long to abandon. Since Hungary is considered to be part of the legalistic culture of European public administration (PA), the assumed conflict between legalism and professionalism appears more vividly. As part of the currently undergoing reform, professionalism received an influential institutional promoter within the Hungarian PA: the National University of Public Administration that is primarily a university but is also a successor of the government agency that used to be in charge of civil service professional training. The article concludes with summarizing the currently undergoing reform regarding professionalism that is also presented as being contrary to the legalistic PA in the government reform program for modernizing PA.


2005 ◽  
Vol 71 (2) ◽  
pp. 279-294 ◽  
Author(s):  
Carol Harlow

In the light of historical tensions, this article considers some classical administrative law responses to changing techniques of public administration. Rejecting the customary reproach that law is unresponsive to the needs of public administrators, the article nonetheless identifies a widespread conviction that control and accountability are the primary objectives of administrative law. The response of administrators overwhelmed by procedural requirements is to fall back on ‘soft law’ techniques. The article notes the growing use of ‘soft law’ and recourse to ‘soft’ techniques of governance in the European Union, together with a possible convergence of legal and administrative values, as standards of ‘good governance’ and ‘principles of good administration’ acceptable to both sides are promulgated and enforced by courts. As ‘good governance’ standards are disseminated by international and transnational institutions, the article predicts a similar pattern of tension and evasion, as procedurally oriented administrative law systems enforced by transnational adjudicative organs develop to occupy the global administrative space.


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