Central European Public Administration Review (E-Journal)
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Public Benefit and Public Interest – Two Sides of the Same Coin?
No full textPurpose: Driven by the question of how the concepts of public interest and public benefit differ, this paper delves into the Slovenian legal system. Through an in-depth analysis of legal concepts, national regulations, and case law from the Slovenian Constitutional Court and selected cases from the European Court of Human Rights, its aim is to illuminate the key differences between both terms. Ultimately, the paper seeks to establish fundamental guidelines for understanding the distinct meaning and application of each concept. Design/methodology/approach: The research is based on a content analysis research design, reviewing secondary literature sources. It employs qualitative methods by analysing the relevant theoretical points, rules, and constitutional case law in the Slovenian legal system, as well as selected European Court of Human Rights case law. The analysis focuses on identifying and extracting key theoretical arguments, legal definitions, and practical applications of both concepts. To distinguish between public benefit and public interest, the analysis adopts a comparative approach, examining how each concept is defined, applied, and balanced in different legal contexts. Additionally, synthesis is used to identify commonalities and divergences between different perspectives on these concepts. Finally, conclusions about the relationship between public benefit and public interest are drawn based on the analysed data. Findings: Public interest and public benefit are abstract concepts. The analysis of relevant Slovenian systemic regulations shows that the two are sometimes applied interchangeably. However, theory suggests that there are certain differences in terms of their tangibility and enforceability. Constitutional case law refers to both concepts in a general way without fully defining their content, yet it does not treat them as synonyms. Academic contribution to the field: Public interest and public benefit are central concepts of public administration science. Public interest is key in defining and shaping administrative relations decided in an administrative procedure. It represents the core value of the public sector, ensuring that its operations are legitimate. Public benefit, on the other hand, is the general benefit of an organised wider community, superior to the benefits of individuals and generally considered equivalent to substantive legality. As public and private interests collide, state intervention with appropriate regulation is necessary to protect the public benefit.Originality/significance/value: This research contributes to the understanding of the concepts of public interest and public benefit within the Slovenian legal system and is a novelty in the field as no such overview has been undertaken before. Its value lies in the analysis of Slovenian constitutional case law over the last twenty-two years and insights into European Court of Human Rights case law. The focus on European Court of Human Rights and Slovenian legislation and case law limits the generalisability of the findings to other contexts. This approach was chosen as much of the relevant legislation for this research is independent of EU influences. Nonetheless, being an EU member state, Slovenia’s legal framework shares some commonalities with other European systems. The added value of the analysis lies in its relevance for understanding how these concepts are treated in similar legal systems, offering valuable insights for comparative studies
Inter-Agency Analysis of EU Specialised Administrative Services: Insights from the Republic of Cyprus
Full text linkPurpose: The Republic of Cyprus is a small EU member state whose domestic administrative structures replicate an enduring tradition of centralisation. This study employs three Europeanisation processes toinvestigate the influence of European integration on EU specialised administrative services and explain possible differentiations.Design: This research employs two methodological tools: a literature review of domestic and international literature on Europeanisation and historical institutionalism, and a field study employing interviews and questionnaires with public servants working within these services.Findings: The results suggest that while Cyprus’s EU membership has played a significant role in the Europeanisation of domestic administrative structures, this process remains incomplete due to historical continuitiesfrom previous eras. These have an enduring impact on formal andinformal institutions, diminishing the role of the examined services and constraining the behaviour of public servants.Academic contribution to the field: This study offers a theoretical contribution by providing a comprehensive understanding of moderate Europeanisation effects on EU specialised structures within the Cypriot administrativeframework. It also highlights the consequences of historical continuities manifested through formal and informal institutional constraints (endogenous characteristics, tangible factors, and conservative attitudes) and their adverse effects on the promotion of institutional and administrative change.Practical implications: The research findings underscore the relevance for future studies. They are particularly pertinent in assessing the effects of European integration and administrative change in other EU member statessharing similar historical experiences with Cyprus, such as Greece and Malta.Originality/Significance/Value: This study is innovative in its focus on specific administrative actors in Cyprus whose role has not been examined so far. It sheds light on tangible and intangible factors that may influence the promotion of institutional and administrative change
INTRODUCTORY PREFACE: Publication Patterns of the Central European Public Administration Review – A Bibliometric Analysis
Full text linkOn the 20th anniversary of the Central European Public Administration Review (CEPAR), this study underscores the significance of the journal’s inclusion in indexing. Employing scient metrics, bibliometric techniques, and knowledge mapping, the analysis offers a comprehensive overview of CEPAR’s evolution over the past two decades, the challenges encountered following the journal’s indexing in Web of Science, and the distinctivecharacteristics of authorship patterns. The data used in bibliometric analysis was extracted from Web of Science and covers the period 2018– 2023 (103 papers), while the data for authoring analysis was collectedfrom the archives of journal volumes covering the period 2003–2023 (425 papers). Over its 21 years of existence, CEPAR has published a total of 425 articles with an average of 20 articles per year. These contributions represent the collaborative efforts of 684 authors from different countries, with the average article written by 1.61 authors. The trend in annual citations is positive, with citations increasing tenfold following indexation in Web of Science. The publications in the sample (bibliometric analysis) were written by 175 authors affiliated with 75 institutions, of which 84% contributed a single article to CEPAR’s evolution. In the five years since its indexing in Web of Science, CEPAR has garnered about 200 citations, approximately 33 per year. The most frequent topics include studies on performance, public administration, comparative analysis, e-government, administrative courts, and access to information
Talent Management in the Public Sector – Empirical Evidence from the Emerging Economy of Romania
Full text linkPurpose: This paper aims to investigate how talent management is conceptualized and practised within Romanian public sector organizations. Just like their private sector counterparts, public sector organizations need talented employees or high performers to support their operations and enhance public service delivery. However, research on talent management in the public sector, particularly in Eastern European countries, remains limited.Design/Methodology/Approach: The study was conducted through a series of semi-structured interviews with employees in public sector organizations. The results were analysed using thematic analysis.Findings: The study reveals that talent management practices in the public sector are still in a nascent state of development. Furthermore, there appears to be a lack of understanding of talent management among HR practitioners, and implementation efforts have yielded less-than-desirable results.Practical Implications: The results of our study suggest that while talent management practices are widely embraced by a growing number of private sector companies, their conceptualization and implementation in the public sector differ. In the case of Romania, implementation is hindered by the bureaucratic structure of the public sector and the legacy of previous communist regime.Originality/Value: The study represents one of the initial attempts to investigate the impact of talent management practices in the Romanian public sector, leveraging empirical evidence to support its findings.
 
Revitalizing Ukrainian Cities: The Role of Public-Private Partnerships in Smart Urban Development
Full text linkPurpose: The article examines the role of public-private partnership (PPP) as a key tool for urban infrastructure restoration and the development of Ukrainian cities within the framework of the Smart City concept. It underscoresthe urgent need for effective mechanisms to restore urban infrastructure, especially in light of the challenges associated with the Russian military aggression and the resulting destruction in Ukrainian cities. The study explores key aspects of smart cities development, including the integration of digital technologies, the use of data, and innovative business models aimed at optimizing city functions.Design/Methodology/Approach: The research employs a multi-stage methodological approach, encompassing elements such as gauging urban population satisfaction with municipal services, graphical analysis using CIMI, assessing the relevance of revitalizing Ukrainian cities and the need for mobilizing business resources, sociological surveys, developing a Smart City model based on PPP project outcomes, and formulating key elements of the national Smart City development strategy.Findings: Emphasizing the importance of strategic planning and cooperation between public and private sectors, the study demonstrates the advantages offered by PPP-based projects. The obtained results highlight the pivotal role of PPPs in promoting urban development initiatives basedon the Smart City concept. The study emphasises the potential of PPPs in shaping stable and prosperous smart cities in Ukraine. Through effective PPP utilisation, local governments can restore urban infrastructure,improve service quality, and enhance the quality of life for their citizens.Practical Implications: The research results can serve as the basis for strategic planning and investment in infrastructure projects necessary for the creation of a smart city. The envisioned strategy will allow for the improvement of legislative acts covering a wide range of aspects of smart cities development while promoting collaboration between public and private entities. This includes bolstering the transportation system, deploying digital technologies, modernizing social institutions, and enhancing the efficiency of urban resource management.Originality/Value: The originality and value of the study lie in its multifaceted approach to assessing and promoting the Smart City concept in Ukrainian urban development. It combines various research methods, including satisfaction assessments, CIMI-based graphical analyses, sociological surveys, and the development of a Smart City model based on PPP project results. This approach not only provides a comprehensive understanding of the state of urban infrastructure and citizen satisfaction but also offers a strategic framework for smart cities development
In Memoriam
Full text linkSince the publication of our last issue, we have seen the passing of three esteemed members of the CEPAR community: Associate Prof. Rudi Kocjančič, PhD, and Prof. Gyorgy Jenei, PhD, former members of the CEPAR Editorial Board, and Prof. Allan Rosenbaum, PhD, a member of the CEPAR Advisory Board
Determination of Public Goals in Times of Volatility and Complexity
Full text linkPurpose: The purpose of this text is to critically analyse the traditional approach to the formulation and application of legal rules, arguing that they are outdated and insufficient for addressing the complexities anddynamics of modern society and technology.Design/Methodology/Approach: Employing a qualitative research methodology, the paper adopts a case study approach, focused mainly on the practices of the legislature in determining public goals. The analysis identifies themes and patterns related to different practices regarding the determination of public goals and their impact on the legislature. The findings are discussed in relation to the theoretical framework established both in the literature review and this paper. The paper concludes with a summary of the findings, practical implications, and suggestions for future research.Findings and Practical Implications: Although technology nowadays plays a central role in human life, legislative public goals are still determined statically, reflecting a traditional Newtonian mechanistic perspective grounded in the principle of causality. Looking ahead, the paper speculates on potential scenarios. It suggests that the balance between nature, technology, law, and humanity requires careful management to ensure a harmonious but flexible co-existence. In the realm of complex legal issues, certainly can, to some extent, be maintained through an array of innovative methods. These include results- and procedure-oriented approaches to interactions between individuals and collectives, a legal system informed by feedback mechanisms and thresholds, the use of collective intelligence, the anticipation of adverse scenarios, and the implementation of adaptable norms. Such methodologies are intrinsically better equipped to navigate the unpredictability and complexity of modern legal challenges than traditional legalistic frameworks.Originality: The paper integrates insights from various disciplines, including law, system theory, and technology studies. This interdisciplinary approach offers a more comprehensive understanding of the intricate interplaybetween nature, technology, and law, a perspective often neglected in more narrowly focused studies. The originality of the paper lies in challenging existing forms of regulation and proposing new regulatory approaches grounded in the evolving nature of facts and associated rights and obligations of individuals and groups
A Court’s Right to Moderate Administrative Penalty in Selected Central European Countries
Full text linkThe purpose of this paper is to analyse the extent of a court’s authority to moderate[1] penalties imposed by administrative bodies in several Central European countries: the Czech Republic, Slovakia, Germany, and Austria. The central goal is to investigate the legal frameworks within these nations and their relationship to Article 6 of the European Convention on Human Rights.The methodology employed involves a comparative analysis of legal provisions in the aforementioned countries concerning judicial review of administrative penalties. The study scrutinizes the differences in the legal approaches taken by these nations, highlighting the diverse methods used to address the court’s role in moderating administrative penalties. The investigation is grounded in the concept of full jurisdiction, emphasising the right of individuals to have their cases thoroughly examined by a court, which also includes assessing the legality, merit, appropriateness, and proportionality of the penalties imposed.The findings reveal significant variations among the surveyed countries regarding the approach to judicial review of administrative penalties. These differences underscore the complex interplay between the executive and judiciary branches within legal systems, raising crucial concerns about principles such as legal certainty, proportionality, and the right to an effective remedy. The paper illuminates the varying degrees of court intervention in moderating administrative penalties across different legal contexts and makes a substantial academic contribution by shedding light on a relatively understudied aspect of administrative law within Central Europe. It provides valuable insights into how different legal systems address the delicate balance between executive power and judicial oversight, particularly in matters of administrative penalties.The study’s originality lies in its comparative approach, offering a nuanced understanding of the court’s role in moderating penalties and its implications for broader legal principles and human rights protection. Furthermore, the paper serves as a foundational resource for scholars and practitioners interested in exploring the origins and nuances of judicial moderation in administrative law, potentially inspiring further research and providing a schematic tool for navigating this complex legal terrain.
[1] The article uses the term ‘moderate’ as a verb in situations where a court, as defined in Article 6 paragraph 1 of the European Convention on Human Rights, is by law authorized to reduce the imposed administrative penalty at its discretion or to refrain entirely from imposing a penalty while reviewing an administrative decision. In such instances, we are not referring to court moderation wherein the court is the entity directly imposing the administrative penalty
Organisational Enablers of Artificial Intelligence Adoption in Public Institutions: A Systematic Literature Review
Full text linkPurpose: The purpose of the presented study was to develop a set of recommendations for decision-makers (policymakers and public managers) and public employees to enhance the effectiveness and efficiency of organisational elements in the adoption of artificial intelligence (AI) in public institutions. Design/methodology/approach: Utilising a systematic literature review following the PRISMA protocol, the study examines the organisational enablers of AI adoption in public institutions. Comprehensive search queries in the Scopus database identified relevant literature focusing on the intersection of AI technologies and various organisational elements. The analysis was facilitated by NVivo 12, enabling a structured examination of key organisational facets for people, culture, structure, processes, and technology within public institutions. Findings: Previous studies on AI adoption in public institutions identified numerous enablers of AI adoption associated with organisational elements like people/employees, structure, culture, technology, and processes. Several surveys and case studies stress the importance of concentrating on the introduction or transformation of these organisational elements prior to or concurrently with the adoption of AI. Academic contribution to the field: By applying a systematic literature review protocol, the study represents the first holistic and systematic review of specific organisational elements that can serve as enablers of AI adoption in public institutions. Research limitations/implications: This systematic literature review was subject to several limitations. Firstly, the division of AI literature between natural and social sciences, with the former focusing on technical aspects and the latter on broader organisational themes, may have resulted in an incomplete depiction of the intersection of AI and organisational change. Secondly, despite the broad search queries, inherent limitations of keyword-based searches may have excluded some relevant studies. Thirdly, considering the rapid evolution of AI technology, our review may not fully encapsulate the very latest developments in the field as it covers literature published until May 2023. Finally, the interpretation and coding of literature, despite the use of NVivo 12, involved subjective elements that could affect the study’s outcomes. Practical implications: Drawing from experiences in the private sector, public institutions are increasingly adopting AI technologies across various subsectors such as public finance (taxation), research, healthcare, law enforcement, defence, education. This requires a transformation in both hard (structure, processes etc.) and soft aspects (people, organisational culture etc.). Therefore, the enablers identified in the study can serve as guidelines for decision-makers and implementers of AI at all levels of public institutions. Social implications: If adopted effectively and efficiently and used professionally and ethically, the use of AI in public institutions can bring many benefits to society, such as transparency, justice, cost and time efficiency, high quality services, and improved collaboration between different stakeholders in society. Originality/significance/value: Our study makes a distinct contribution by shifting the focus from technological barriers to organisational enablers of AI adoption in public institutions. It bridges a critical gap in the literature by integrating both technical and social science perspectives, providing valuable insights for theory and practice in the fields of organisation and management
