Implementation of the Principles of Good Governance on the National Level

2019 ◽  
pp. 185-199
Author(s):  
Henk Addink
Keyword(s):  
Good Governance ◽  
National Level ◽  
The European Union ◽  
Cultural Economic ◽  
Public Authorities ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
The Eu ◽  
The Ideal

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.

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.

Kosovo and the European Union

2020 ◽  
Author(s):  
Spyros Economides
Keyword(s):  
Security Policy ◽  
Good Governance ◽  
Regional Security ◽  
The European Union ◽  
Member States ◽  
Military Capability ◽  
Eu Member States ◽  
Leading Role ◽  
Post War ◽  
The Eu

The European Union’s involvement with and in Kosovo is of three main types. First, it participated in war diplomacy in the late 1990s in an attempt to find a peaceful solution to the Kosovo conflict between Kosovar Albanians and the Serb forces of the former Yugoslavia. This demonstrated of the Union’s limited ability to influence less powerful actors in its backyard through its Common Foreign and Security Policy (CFSP). This resulted from the difficulty the EU found in attempting to forge a consensus among its member states on a significant matter of regional security with humanitarian implications, the limitations in effectiveness of the EU’s civilian instruments of foreign policy, and the low credibility and influence stemming from the lack of an EU military capability. Second, the EU took a leading role in economic reconstruction and state-building in Kosovo following the end of the conflict. Initially, this was in tandem with the United Nations Mission in Kosovo (UNMIK). Subsequently, the EU became the lead organization, focusing its efforts not only on the physical and economic reconstruction of the territory but also on building human and administrative capacity and democratic institutions and establishing good governance and the rule of law, especially through its EULEX mission. Third, the EU attempted to help transform Kosovo beyond democratization toward EU integration through instruments such as the Stabilisation and Association Process (SAP). A significant part of this process has also been linked with EU-led mediation attempts at resolving outstanding issues between Kosovo and Serbia through a process of normalization of relations without which EU accession cannot be envisaged. Throughout the post-war phases of the EU’s involvement in Kosovo, its efforts have been undermined by the most important outstanding issue, the disputed status of Kosovo. Kosovo was set on the path to increasing self-government and autonomy at the end of the conflict in 1999, but it was still legally part of sovereign Yugoslavia. In 2008, Kosovo unilaterally declared its independence. While over 100 states recognized Kosovo, it never acquired enough recognitions to be eligible for UN membership: Serbia does not recognize it and, most importantly, neither do five EU member states. This status issue has seriously complicated the EU–Kosovo relationship in all its aspects and slowed down the prospect of “Euro-Atlantic integration” for Kosovo.

scholarly journals Differentiated Support of the EU Enlargement in the Public Opinion: A Multivariate LISREL Analysis

Geografie ◽  
2007 ◽  
Vol 112 (1) ◽  
pp. 1-16
Author(s):  
Veronika Tománková
Keyword(s):  
Public Opinion ◽  
Eu Enlargement ◽  
Structural Equations ◽  
The European Union ◽  
Multivariate Statistical ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
The Eu ◽  
Clear Support

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.

scholarly journals Are the EU Member States Ready for the New Union Customs Code: Emerging Legal Issues On the National Level

2017 ◽  
Vol 14 (1) ◽  
pp. 58-75
Author(s):  
Gediminas Valantiejus
Keyword(s):  
European Union ◽  
International Trade ◽  
National Level ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Before And After ◽  
The Republic ◽  
The Eu

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.

scholarly journals RISK-BASED APPROACH IN THE EUROPEAN UNION LEGISLATION TO PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM

2020 ◽  
pp. 43-52
Keyword(s):  
European Union ◽  
Money Laundering ◽  
National Level ◽  
Mitigation Measures ◽  
Specific Situation ◽  
The European Union ◽  
Member States ◽  
Financial Flows ◽  
Eu Member States ◽  
The Eu

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

scholarly journals Fiscal councils as an element of the concept of fiscal governance in the European Union member states

Equilibrium ◽  
2016 ◽  
Vol 11 (4) ◽  
pp. 675
Author(s):  
Ryta Dziemianowicz ◽  
Aneta Kargol-Wasiluk ◽  
Renata Budlewska
Keyword(s):  
Fiscal Policy ◽  
Good Governance ◽  
Fiscal Rules ◽  
The European Union ◽  
Member States ◽  
Public Finances ◽  
Eu Countries ◽  
Eu Member States ◽  
Fiscal Balance ◽  
The Eu

Fiscal governance is defined as a combination of institutions, rules and norms that structure good governance in the area of fiscal policy. It can be named as the specific mechanism of coordination by using of tools such as: budgetary procedures (legislative fiscal rules), fiscal rules (numerical) and independent fiscal institutions/ fiscal councils. Fiscal governance focuses on how the fiscal policy is planned, approved, conducted and monitored, including the involvement of not only public bodies, but the business sector and civil society too. In this study, particular attention was paid to capturing the essence of the relationship between the qualitative elements of fiscal councils activity and its impact on stabilizing the public finances in the view of fiscal governance concept. During the last world crisis in the EU countries, an interest in establishing fiscal councils has increased. Before 2008 there were only seven institutions in the EU, while in 2014 there are already 19. The question is - are these institutions efficient in stabilizing public finances? Therefore, the main objective of the article is the assessment of the role of the fiscal councils in the coordination of the fiscal policy in the EU Member States. The conducted analysis verifies this role on the basis of theoretical deliberation of the current state of the art. The empirical research verifies fiscal councils’ dependence on fiscal balance of EU countries. Research was conducted on the basis of the European Commission, Eurostat and International Monetary Fund data sets.

scholarly journals The Influence of Fiscal Rules on the Fiscal Stability in the EU Member States

2017 ◽  
Vol 8 (1) ◽  
pp. 212
Author(s):  
Ryta Iwona Dziemianowicz ◽  
Aneta Kargol-Wasiluk
Keyword(s):  
Fiscal Policy ◽  
Public Debt ◽  
Budget Deficit ◽  
National Level ◽  
Fiscal Rules ◽  
The European Union ◽  
Fiscal Discipline ◽  
Member States ◽  
Eu Member States ◽  
The Eu

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.

scholarly journals RIGHT OF MUNICIPAL PROPERTY IN THE STATES OF THE EUROPEAN UNION: THE ISSUES OF CONSTITUTIONAL AND LEGAL REGULATION

2020 ◽  
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Good Governance ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Communal Property ◽  
The Right ◽  
The Eu

The article deals with the constitutional and legal regulation of the right of municipal property in member countries of the EU. It is noted that the constitutions of the Member States mostly ignore the concept of ownership of local self-government. At the same time, the constitutions reinforce the issue of material and financial basis. As a rule, the translation from the languages ​​of the member countries of the EU into English uses the notion of «municipal property», «local government property» or «public property». In the constitutions of the member countries of the EU, the principle of financial and financial autonomy, guarantees of local self-government are found. The legal basis of municipal property rights is also determined by the local government law, and sometimes by a municipal property law and local acts. The municipal property laws set out the basic principles of municipal property management. It is noted that the management is in the interest of the population of the municipality and with the care of «good governance». It is stated that the existence of a special law on the property of local self-government does not solve all issues of systematization of legislation in this area. It is summarized that in the study of the conceptual apparatus in the sphere of municipal (communal) property, the essence of this right is of fundamental importance. In the legislation of these countries there are both concepts: «municipal» and «communal property». These concepts should be regarded as synonymous and for the convenience of designating this form of ownership in the EU Member States, it is permissible to apply the concept of «municipal property». Examples of application of both concepts in constitutional legal acts are given. The article concludes that, regardless of the subject of the right of municipal property, democratic states provide guarantees for the management of municipal property for the benefit of the community; attention is paid to objects that are in permanent exploitation by residents of communes. The author note the direct link between the powers of local governments, the interests and needs of the community and municipal property. Functional delineation of municipal property by local governments influences the decision to acquire, multiply and dispose of them. Local government real estate management in these countries draws attention to the object of management, goals and main purpose, basic decision-making principles, etc.

scholarly journals WHEN THE EU HITS HOME: NATIONAL DETERMINANTS OF NON-COMPLIANCE WITH THE EUROPEAN UNION LAW

2021 ◽  
Vol 15 (2) ◽  
pp. 37-48
Author(s):  
Aleksei Sorbale ◽  
Keyword(s):  
European Union ◽  
Party System ◽  
Theoretical Perspective ◽  
National Level ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Regional Strategies ◽  
The Eu

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.

Implementation of the Principles of Good Governance on the National Level in the EU

2019 ◽  
pp. 200-208
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Public Value ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Legal Forms ◽  
General Abstract ◽  
The Eu

The implementation of good governance in the EU member states was investigated (by interpretation and application), considering the different functions of government bodies. Good governance as a pivotal public value in each of the member states has fundamental roots in the different phases of European history. In these phases we find aspects of the rule of law, democracy, and the institutional state developing and becoming natural dimensions of good governance, a common public value for European states. The outcome was that good governance norms developed in the member states sometimes in a general, abstract way, such as the concept of the rule of law, the notion of democracy, and the classical framework of constitutional institutions. There is, however, a tendency to specify these general dimensions of the good governance concept through principles, in some countries more than others. A principles-based development of policies in the member states was discovered, which is the key to good governance in these states. In different legal forms—constitutions, laws, policy papers, case law, and reports of ombudsmen and audit institutions—are the six specific aspects of the theoretical framework pertaining to Europe. These principles have been developed as legal principles by the (four) powers in the states of Europe, both as norms for the administration, as well as rights for citizens.

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