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

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.

2019 ◽  
Vol 4 (3) ◽  
pp. 209-216
Author(s):  
Valerii Bakumenko ◽  
Oleksiy Krasnorutskyy ◽  
Anatolii Hatsko

The modernization of the management system and the knowledge management model is needed in the context of the public administration reform, taking into account the concept of decentralization and Good Governance. That is why the article focuses on the author’s approach to substantiating the formation of a modern knowledge system in public management and administration in Ukraine. It is proved that the approach to the knowledge system formation should be based on the identification of the needs of public administration objects. The need to comply with the necessary diversity law for a management subject of public entity regarding its knowledge of the entity has been identified. The content of the principle «from general to specific» for the objects of public administration is considered. The formation structure of the basic knowledge system in the public sphere is presented, which unites a number of blocks. The first block deals with the system of basic knowledge of public management and administration. The second block deals with the idea of a public authorities system at different levels. The third block concerns the formation of basic knowledge about public service. The fourth block concerns the formation of a basic knowledge system about current trends in the development of domestic public administration. The fifth block deals with the knowledge about the development and implementation of public policy and implementation of public administration. The sixth block deals with the consideration of public administration as a deliberate activity to establish internal procedures and processes in public administration to ensure their smooth functioning. The seventh block concerns the knowledge system for ensuring social stability. The eighth block is a glossary of basic terms and the ninth is a bibliography. The proposed approach is the scientific substantiation of the development of educational and professional programs of the basic textbook and standards for the specialty 281 – «Public Management and Administration». Keywords: knowledge, public administration, the necessary diversity law, public policy, public service, public authorities, public stability.


2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė

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'.


Author(s):  
Jesús D. Jiménez Re ◽  
M. Antonia Martínez-Carreras

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.


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.


2016 ◽  
Vol 18 ◽  
pp. 93-121
Author(s):  
Albert SANCHEZ-GRAELLS

AbstractHere I reflect on the role of subjective or intentional elements in EU economic law prohibitions, particularly in relation to rules concerning public administration. From a normative perspective, it is desirable to suppress the need for an assessment of subjective intent and to proceed with an objectified enforcement of such prohibitions. With this in view, I consider public procurement and Member State aid rules as two examples of areas of EU economic law subjected to interpretative and enforcement difficulties due to the introduction – sometimes veiled – of subjective elements in their main prohibitions. I establish parallels with other areas of EU economic law – such as antitrust, non-discrimination law and the common agricultural policy – and seek benchmarks to support the main thesis that such intentional elements need to be ‘objectified’, so that EU economic law can be enforced against the public administration to an adequate standard of legal certainty. This mirrors the development of the doctrine of abuse of EU law, where a similar ‘objectification’ in the assessment of subjective elements has taken place.I draw on the case law of the Court of Justice of the European Union to support such ‘objectification’ and highlight how the Court has been engaging in such interpretative strategy for some time. The paper explores the interplay between this approach and more general protections against behaviour of the public administration in breach of EU law: the right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union and the doctrine of State liability for infringement of EU law. I conclude with the normative recommendation that the main prohibitions of EU economic law should be free from subjective elements focused on the intention of the public administration.


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.


2015 ◽  
Vol 60 (10) ◽  
pp. 1-16
Author(s):  
Michał Sułkowski

The article describes the role of social media in the information society and the use of them by the public administration. For the analysis there were selected and assessed most popular types of social media. The evaluation included trends in the use of this type of information channels in dissemination of statistical knowledge as a way to build the image of official statistics in society. Particular attention was paid to their role in the activities of national statistical offices in the world, and especially in the European Union.


2021 ◽  
Vol 38 (2) ◽  
pp. 114-128
Author(s):  
Milica Škorić

Although public agencies have existed for several decades, in Serbia, they are new forms of government bodies. The aspiration to modernize the public administration and harmonize it with modern trends can be an opportunity to see the stages of development and models of control and autonomy of the agency from the decades-long development of Swedish public agencies. The example of Croatia will show the potential of the former socialist state for such reforms and how important reforms are on the road to the European Union in the XXI century. Through the analysis of relevant literature and a comparative method, there are presented the reforms of public agencies being implemented in selected countries since their first appearance till nowadays. This paper focuses on the process of creation and development of public agencies in Sweden and Croatia, as members of the European Union, whose development of a public administration differs significantly, all in order to answer the questions: How much do public agencies contribute to decentralization? Are these bodies necessary for the approach and accession to the EU?


2016 ◽  
Vol 1 (2) ◽  
pp. 72
Author(s):  
Emalita Dobra

A proper estimation of the value of the public contracts is of major importance of the contracting authority. First, value of contracts govers the regime of rules under which the proceedings will be conducted. Second the decision of the contracting authority concerning the application of specific procurement procedure depends whether the value of contract is below or above specific threshold. For multi year contracts or contracts with renewal option, the contracting Authority must provide clauses for the revision of prices in accordance with published official inflation. In case of goods the contracts through renting or leasing of these, the estimated value of the public contract shall be based on the monthly rent or fee multiplied by the number of months the contract will last. The contracting Authority is responsible for comparing the above mentioned elements with a cost analyses of the goods, services or works. European Union rules provided in Article 9 of the directive 2004/18/EC of the European Parliament and of the council of 31 March 2004 on the coordination of procedures for the award of public works, supply and services and in contain also more detailed rules concerning methods of estimation of contract value which should be applied in specific case. The priciple of the transparency of public procurement requires that all potential contractors have the same chances to compete for contracts being offeres by public administration. (; public contracts, procurement, goods, proceedings contracting Authority, etc. )


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