Central European Public Administration Review (E-Journal)
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Social Aspects of Democratic Safeguards in Privacy Rights: A Qualitative Study of the European Union and China
Full text linkPurpose: The primary objective of the present research is to identify the basic tools and restrictions concerning the protection of privacy and personal data in the EU and China as two fundamentally different cultural systems. Based on the socio-cultural analysis of backgrounds, trends and expert assessments, the research aims to examine whether privacy protection standards, such as those provided by the GDPR in the EU, are sufficiently robust to endure the digital age. Two different cultural frameworks have been analysed in order to understand their influence on practical behaviours regarding the democratic safeguards in privacy rights enforcement in the EU compared with China. This is accomplished by comparing social control in the EU and the social credit system in China.
Design/Methodology/Approach: Considering the administrative context, a combined qualitative approach is applied, including normative and dogmatic methods, literature analysis, sociological and historical methods, expert interviews, and comparative and axiological methods.
Findings: The results of both theoretical and empirical parts of the research suggest that the stricter regulation in the EU compared to China – in the sense of more consistent protection of privacy and personal data as well as transparency rights – can be attributed to its democratic protection of human rights and more definitive regulations, particularly the GDPR. These major differences seem to create an even deeper gap in the future, to be explored scientifically and in practice. The authors conclude that authorities must actively guarantee the rights related to privacy and personal data protection, or else effective governance will lead to a surveillance society and erosion of individuals’ freedom as a valuable civilizational asset.
Academic contribution to the field: The research contributes to administrative science by addressing one of the key concepts of modern public governance, namely the collision between the principles of effectiveness and transparency on the one hand and privacy on the other. The use of scientific methods paves the way for further comparisons.
Practical Implications: The article provides a concise overview of the relevant literature and an analysis of the rules that underpin the implementation, evaluation and improvement of regulations, especially in the light of ICT development, e.g. in times of the Covid-19 pandemic.
Originality/Value: The paper bridges the gap created by the differences in the understanding of privacy and public governance in the field in the EU and China based on cultural differences. The usual general or merely law- or technology-based analyses are upgraded with a combination of various research methods.
 
The Impact of Digitalization on Public Administration, Economic Development, and Well-Being in the EU Countries
Full text linkPurpose: Digitalization has been the driving change in creating jobs and increasing economic growth in recent years. However, the digitalization of countries and sectors is uneven. The paper focuses on various factors that have an impact on the economic development and well-being in EU countries. Its purpose is to show the evolution of EU countries in terms of digital transformation and how other indicators, such as e-government, human development index, labour productivity, and economic growth influenced the well-being in EU countries in 2019–2021.Design/methodology/approach: The dataset consists of 15 numerical indicators extracted from Eurostat and World Bank databases. We apply principal component analysis and cluster analysis.Findings and Practical Implications: The main research results show that the first dimension – named the impact of innovation on well-being – is dominated by e-government, the percentage of ICT specialists in total, internet use by individuals, the Human Development Index, the Digitalization Index, the Happiness Indicator, human capital, and the integration of digital technology. The second dimension is characterized by government expenses and productivity. Finally, the third dimension is dominated by the GDP growth rate. 77.67% of the total variance is explained by the first three principal components.Originality: Four clusters have been identified by means of the K-Means clustering algorithm. All four clusters are well determined, with cluster 1 including the three Nordic countries ranking first, followed by cluster 3 of well-developed countries and cluster 4 containing mainly emerging economies.
 
A Literature Review of the Factors Affecting the Compliance Costs of Environmental Regulation and Companies’ Productivity
Full text linkPurpose: The aim of the paper is to identify potential factors that influence the relative size of environmental compliance costs through a literature review and propose a conceptual holistic model of the indirect impact of these factors on companies’ productivity levels. In the literature, the connection between costs associated with environmental regulation and companies’ productivity has been thoroughly tested within what is known as the Porter hypothesis, or simply PH.Design/methodology/approach: The paper applies the methods of integrative review of scientific literature and qualitative research with a document study.Findings: The results point to several key findings. First, the identified potential factors can be divided into two main categories, namely internal factors (size, sector, age, environmental awareness, etc.) and external factors (relevance of environmental regulation for businesses, environmental stimulus measures, quality of institutions, etc.). Second, the wide use of compliance costs within the indicators of stringency of environmental regulation suggests that the relative size of environmental compliance costs is likely to affect companies’ productivity.Practical Implications: The identification of factors affecting the size of compliance costs provides valuable insights to policy makers for the implementation of environmental regulation and making it more effective while not being discriminatory in terms of presenting an excessive burden to certain types of companies.Originality/significance: There has been a gap in the literature on environmental regulation compliance costs, as so far no study has comprehensively addressed all the potential factors influencing the relative size of environmental compliance costs for companies
Work During Non-Work Time of Public Employees
Full text linkPurpose: Employees and their work during non-work time are affected bytechnology development, societal changes and other factors that havean inherent impact on the employees’ attitude towards work during nonworktime. The purpose of this article is to provide an overview of the upto-date research on employees performing work during non-work time.Design/Methodology/Approach: The main methodological approachused in the article is a systematic literature review of 18 scientific articlesfound in citation databases in WOS, Scopus, etc. The collected literatureis relevant as it encompasses both quantitative and qualitative analysesto gather insights on performing work during non-work time.Findings: The results imply that work during non-work time is a growingphenomenon among employees and public employees are no exception.Regarding the socio-demographic groups affected, findings indicatethat work during non-work time is particularly common for employees inmanagerial positions and for professionals in education, health and policeservices, as well as for employees engaged in remote work. They alsoconfirm that employees work during non-work time at different times ofthe day, at weekends, and during their annual and sick leave.Practical Implications: The article is especially relevant for public employeesdue to increased use of information and communication technology.As such, they are also exposed to intensifying work-related expectationsand requests/pressures for flexible work arrangements.Originality/Value: The originality of the topic is reflected in the underrepresentationof scientific research on the performance of work duringnon-work time among public employees.
 
Command, Control and Co-Creation: Drivers and Barriers Faced by Professionals Co-Creating in the Slovenian Public Sector
Full text linkThe academic contribution to the field is twofold. Firstly, the paper identifies co-creation drivers and barriers from the professionals’ point of view ‒ a largely overlooked perspective in the relevant literature. Secondly, by being placed in the Slovenian administrative context, the paper complements and enriches the debate on co-creation shaped predominantly by the experience of Northern and Western Europe.
Purpose: By focusing on the Slovenian public sector, as a traditionally hierarchical administrative context, the paper aims to identify factors that stimulate professionals to implement co-creation in their everyday work, as well as factors that impede their decision and behaviour in this direction.
Design/methodology/approach: The paper relies on two Slovenian case studies capturing the experience of professionals from the Ministry of Public Administration and the Municipality of Ljubljana. The key data-gathering methods were qualitative open-ended interviews with ‘lead professionals’ (at managerial positions) and focus groups with professionals who have regular contact with service users/external stakeholders and/or experience with co-creation.
Findings: The findings of the paper indicate that professionals implement co-creation even in ‘unfavourable’ hierarchical and centralised settings. A key driver for them to co-create in such a context is strong political support at the highest level. However, a more profound internalisation of co-creation depends on the redefinition of their professional identity, as well as on the (personal or collective/organisational) interest in co-creation.
Originality/significance: The paper makes a pioneer step in providing an in-depth look into the drivers and barriers professionals face when implementing co-creation in the Slovenian public sector. As such, it provides valuable input for further comparative analyses of co-creation drivers and barriers faced by professionals across Central and Eastern Europe
Simplification and Electronisation of Administrative Procedure in the Visegrad Group Countries - a Sociological and Legal Approach
Full text linkPurpose: The purpose of the research was to examine the sociological issues related to the biographical experience of a participant in the administrative procedure in the Visegrad Group countries (the perception of public administration bodies and their organisation, current demands of the public in the field of public administration activities, providing appropriate tangible and intangible tools for officials). The secondary goal of the research was to determine the nature, significance, consequences and form of comprehensive modernisation of existing simplifications of the administrative procedure (The author understands the concept of simplification of administrative procedure as “an administrative procedure separated from the general administrative procedure and characterized by simplification of general normative solutions”). Since the scope of the concept of ”electronisation of administrative procedure” does not fully include the concept of ”simplification of administrative procedure”, the research referred to two areas of the administrative procedure that are complementary to each other (the relationships that occur between them, including by specifying common and separate parts of electronisation of administrative procedure, e.g. in the scope of keeping and making available files of procedure in electronic form). Moreover, solutions were presented in the field of simplification and electronisation of administrative procedures in the V4 Group countries, in institutional, subjective and objective terms.Design/Methodology/Approach: The analysis of domestic and foreign legal texts was used to implement the research assumptions (general legal regulation of administrative procedure presented by the Codes of Administrative Procedure and COVID-19 regulations in the V4 Group countries). Empirical research using sociological research methods was conducted in connection with the analysis of currently applicable simplifying solutions [the author implemented a component of social research using both qualitative methods – individual in-depth interviews with adult residents with biographical experience of being a participant in the administrative procedure (20 adults – 5 from each country of the V4 Group) as well as quantitative methods – online survey with participants of the administrative procedure (120 adults – 30 from each country of the V4 Group)]. In the research, the statistical method was applied to better illustrate the effectiveness of the currently conducted administrative procedure and to answer the hypotheses regarding the legitimacy of the development of the idea of administrative simplification.Findings: The analysis shows that it is not yet possible to speak of an advanced development of administrative procedure in the Visegrad countries. The delay of the public administration in applying solutions that simplify administrative procedure is mainly due to unclear regulations and significant financial outlays needed. The above state of affairs has a negative impact not only on entities participating in the procedure but also on public administration bodies and administrative courts.Practical Implications/Originality/Value: The initiated process of simplifying and electronising administrative procedure must always take the form of comprehensive legal solutions that will allow for effective and efficient operation of public administration bodies and enable individuals to exercise their fundamental rights. Therefore, the article presents the latest difficulties related to the administrative procedure and examples of their solution
Amalgamation and Local Finance: A Case Study of Ukraine
Full text linkPurpose: The article aims to measure the impact of the voluntary amalgamation approach applied in Ukraine in the course of the decentralization reforms undertaken over a period of five years, and assess how much these reforms have been successful in improving the local government fiscal situation. Ukraine began a long-delayed decentralization process in 2015 through amalgamation based on a voluntary approach, with an emphasis on improving the fiscal resources of the amalgamated units. The decentralization reform was based on three pillars: (1) voluntary amalgamation of the territorial units, (2) enhanced financial resources through own source revenues and infrastructure grants, and (3) utilization of inter-municipal cooperation to support improved service delivery.Methodology: A time series of fiscal data from amalgamated territorial communities in selected regions of Ukraine have been analysed to measure the impact of the amalgamation policy on the amalgamated territorial units.Findings: The fiscal improvements anticipated by the amalgamated territorial units have not been demonstrated by the statistical data analysis and no significant improvement in local government finances appears to have been realized through the application of a voluntary merging approach. There have been significant regional and urban/rural variations based on the population segments and access to financial resources.Academic contribution to the field: While there has been considerable research on the impact of merging or amalgamating local governments, there has been very little, if any, on the voluntary approach to amalgamation.The study seeks to address this problem and present evidence of the advantage of utilizing a voluntary over a mandatory approach to amalgamation.Significance: The study provides a unique opportunity to measure the impact of amalgamation process in Ukraine over a five-year period based on the voluntary approach to amalgamation and determine how much this approach and the accompanying policies have been successful in improving the local government fiscal situation
Is the European Charter of Local Self-Government an Effective Instrument for the Protection of Local Autonomy in Poland?
Full text linkPurpose: The objective of this research is to examine whether the European Charter of Local Self-Government is, in practice, an effective instrument for the protection of the autonomy of local government in Poland, as well as well as to define the contribution of the Polish case law and administrative practice to the understanding of the principles of the Charter. The importance of the subject is strengthened by the political context. For many years, Poland was considered a model country safeguarding extensive local autonomy. Recently, however, recentralization trends have emerged in government policies. Design/methodology/approach: The research is based on the qualitative and quantitative empirical research of the case law and administrative practice with elements of doctrinal analysis.Findings: The Charter is present in the case law of the Constitutional Tribunal (22 judgments), administrative courts (166), and public administration bodies supervising local governments (49). The number is high compared to other CoE countries. The administrative courts seem to be more eager to adjudicate in favour of local governments in the cases in which the Charter is referred to.Academic contribution to the field: A specific Polish input to the application of the Charter is the frequent use of the principle of proportionality in the supervision of local governments, which serves the courts as a perfect tool for resolving ‘hard cases’ between the local government and central administration bodies. In several important judgments, Article 11 concerning the judicial protection of local governments was invoked to effectively strike down the law limiting the local governments’ access to court in specific cases.Practical implications: The research may be useful for local government representatives in formulating their litigation strategies, especially in legal disputes with central authorities.Originality/value: This research is the first all-embracing empirical research of the application of the Charter in a country’s legal practice. It shows original ways of the practical use of the Charter not described in the literature so far
Advances in Transparency and Right to Access Information in The Czech Republic
Full text linkPurpose: The article examines the advances in the transparency of the Czech public administration since the 1990s. Transparency is subtly intertwined with accountability, promotes democracy, and helps to prevent misuse of power or other types of illegal acting. Thus, the right to access information must be interpreted broadly enough, yet there are other rights such as privacy or trade secrets which must be respected at the same time. The paper therefore explains the balance between those rights that has been achieved through years of court interpretation. It explores the advances in the courts’ views and the resulting improvements in the administrative practice, as well as the relationship between the right to information and accountability.Design/methodology/approach: The author studies the crucial provisions of the Act on Free Access to Information. Based on an analysis of the interpretation by the Czech Supreme Administrative Court and the Czech Constitutional Court of the most questionable issues – such as the determination of which public institutions are considered obliged entities, the exemptions from the duty to provide information, remedies, and payments for complicated data searches – the paper shows the developments over the past 23 years. The paper also seeks to identify the relationship between the outcomes of the analysis, i.e. the confirmed advances, and the accountability od administrative bodies which should theoretically result therefrom.Findings: The case law on the interpretation of individual legal provisions is rather favourable to a broad access to information, restricting the exemptions and other obstacles. However, the article argues that in order to take full advantage of the gains in the area of free access to information brought about by the carefully argued case law and subsequent improvements of the obliged entities approach, the resulting accountability still needs to be elaborated.Academic contribution to the field: The research contributes to administrative science by addressing the practical application of laws on transparency issues. It shows the importance of court support to an interpretation broad enough to balance other rights, such as the right to privacy. It provides a background for further research of the consequences, i.e., accountability.Originality/significance/value: An overview of the evolution of court decisions interpreting controversial legal provisions is provided. The gaps between the advances in the implementation of the principle of transparency and the theoretically resulting accountability are identified