Law and public administration: convergence and symbiosis

2005 ◽  
Vol 71 (2) ◽  
pp. 279-294 ◽  
Author(s):  
Carol Harlow
Keyword(s):  
European Union ◽  
Public Administration ◽  
Similar Pattern ◽  
Good Governance ◽  
Administrative Law ◽  
Soft Law ◽  
The European Union ◽  
Public Administrators

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.

scholarly journals The Influence of EU Law on Public Administration in New Member States

2020 ◽  
Vol 5 (1) ◽  
pp. 48-61
Author(s):  
Radomír Jakab
Keyword(s):  
European Union ◽  
Public Administration ◽  
Administrative Law ◽  
Eastern European ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
New Member States ◽  
Eastern European Countries ◽  
Almost All

The membership of Central and Eastern European countries in the European Union has influenced the development of almost all branches of law, including administrative law. The paper analyses the influence of European Union law on the fundamental object of interest of administrative law within new member states – on public administration and its laws. In this context, the influence on laws governing the organisation of public administration, laws governing the activities and tasks of public administration as well as laws governing processes in public administration will be assessed.

scholarly journals The Administrative State in Poland Before and After the European Union Accession

2020 ◽  
Vol 20 (1) ◽  
pp. 29-56
Author(s):  
Dorota Dabek ◽  
Jerzy Supernat
Keyword(s):  
European Union ◽  
Public Administration ◽  
English Language ◽  
Administrative Law ◽  
The European Union ◽  
Administrative State ◽  
Critical Question ◽  
Before And After ◽  
The Status ◽  
State Organization

The article identifies and describes the fundamental dimensions and elements of the Polish administrative state before and after the accession of Poland to the European Union, beginning with the critical question of how to preserve the status of a state in a supra-state organization. The authors explain the essence of the European Union, or Europeanization, in the field of Polish administration and administrative law. Analysis of the Europeanization of Polish administrative law is focused on its basic aspects grouped under six headings: sources, cooperation, paradigm (constitutionalization), administrative democracy, scope and depth, and outcomes. Separate attention is given to the notion of public administration, as the widely applied definition of the concept framed by Jan Boć became obsolete after accession to the European Union and required transformation and extension. With language being a key feature of public administration, the text points to the post-accession impact of the English language on Polish administration and administrative law. The article concludes with outcomes of Europeanization on the gestalt of the administrative state in Poland. The general outcome stresses that Polish administration and administrative law operate not only within the context of the Polish state and Polish law, but increasingly within a supra-state European administrative framework and European legal space and European public law.

scholarly journals Impact of the Concept of Good Governance on the Functioning of Public Administration in Poland—an Outline

2019 ◽  
Vol 28 (1 ENGLISH ONLINE VERSION) ◽  
pp. 137-153
Author(s):  
Agata Barczewska-Dziobek
Keyword(s):  
European Union ◽  
Public Administration ◽  
International Institutions ◽  
Good Governance ◽  
The European Union ◽  
Cohesion Policy ◽  
Public Authorities ◽  
The Public ◽  
Social Partners ◽  
Legal Forms

The concept of “good governance,” reflected in legislation, modifies the nature of the activity of public authorities. It is currently being promoted by international institutions, including the European Union, particularly with regard to its cohesion policy, which should be based on the principles of openness, participation, accountability, effectiveness and cohesion. Therefore, the existing mechanisms of cross-sectoral cooperation are being modified and new organisational and legal forms are emerging. They meet the requirements of openness, partnership and dialogue of public administration with social partners, thus increasing the effectiveness of bodies of public administration. As a result of consultation, as well as through the direct involvement of social partners in the implementation of tasks, the public are more trusting and the actions of public authorities are gaining more legitimacy.

scholarly journals Externalizing Migration Management through Soft Law: The Case of the Memorandum of Understanding between Libya and Italy

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Martino Reviglio
Keyword(s):  
European Union ◽  
International Migration ◽  
Critical Discussion ◽  
International Organization ◽  
Soft Law ◽  
Illustrative Case ◽  
The European Union ◽  
Migration Management ◽  
The Many ◽  
Law Making

Abstract The externalization of migration management to third countries is becoming a recurrent phenomenon in international migration management. Soft law instruments emerged as an important strategy to externalize migration management to third countries through international migration agreements. In particular, in the last years the European Union and some member states have adopted bilateral and multilateral migration agreements in order to diminish the arrival of migrants in Europe. These agreements in the form of soft law instruments are problematic because do not follow the ordinary process of law making and thus it is difficult to assess their legal effectivity. The memorandum of understanding signed in February 2017 between Libya and Italy represents an illustrative case of the process of externalizing migration management through soft law. From a critical discussion of the memorandum, many problems in relation to its legal and material validity follow. In particular, the protection of migrants’ human rights in Libya is not guaranteed as the many international organization and NGOs reports indicate.

ICTs, Public Access to Documents, and Transparency in the European Union

2014 ◽  
pp. 192-200
Author(s):  
Marios Papandreou
Keyword(s):  
European Union ◽  
Information And Communication Technologies ◽  
Good Governance ◽  
Point Of View ◽  
Public Access ◽  
The European Union ◽  
Legislative Framework ◽  
The Public Sphere ◽  
Access To Documents

This chapter examines the relationship between Information and Communication Technologies (ICTs) and transparency in the public sphere. The link between the two is rather easy to conceive: ICTs facilitate flow and management of information, which is crucial to achieve openness and accountability and advance public debate. In this chapter, the issue is examined in the context of the European Union (EU), from the point of view of public access to documents and the role of the European Ombudsman (EO). The author presents the applicable legislative framework and discusses the role of the EO in facilitating and promoting public access to documents, with emphasis on the EO's mandate, the procedure followed, and its possible outcomes. The last part of the chapter examines the decision of the EO on a recent case concerning public access to documents of interest to a wide public, whereby it is illustrated that ICTs, by facilitating access to documents and information, advance openness, transparency, good governance, and accountability.

Administrative Procedure and Judicial Review in Lithuania

2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė
Keyword(s):  
European Union ◽  
Public Administration ◽  
Judicial Review ◽  
General Rule ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Proceedings

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.

Towards the Integration of E-Government Process in the University of Murcia

2015 ◽  
pp. 107-123
Author(s):  
Jesús D. Jiménez Re ◽  
M. Antonia Martínez-Carreras
Keyword(s):  
European Union ◽  
Public Administration ◽  
Business Processes ◽  
The European Union ◽  
The Public ◽  
Agile Processes ◽  
Service Oriented ◽  
Administrative Procedures ◽  
Automated Process ◽  
The University

Several countries are adopting e-government strategies for adapting the administrative procedures to automated process with the aim of obtaining efficient and agile processes. In this sense, the European Union has published some directives which indicate the need for European countries to adopt e-government in the public administration. Additionally, the Spanish government has published laws and documents for supporting the adoption of e-government in the different public administration. Concretely, the University of Murcia has developed a strategy for the adoption of e-government using a service-oriented platform. Indeed, this strategy has evolved for the adoption of BPM for its administrative processes. The aim of this chapter is explaining the strategy for the adoption of business processes in the University of Murcia.

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