Central European Public Administration Review (E-Journal)
Not a member yet
448 research outputs found
Sort by
The EU’s Consular Protection Policy from the Administrative Law Perspective
Full text linkThe European Administrative Space has grown into a multi-level administrative structure characterised by the horizontal and vertical cooperation of all its levels. The sole executive responsibility of Member States’ administrations has been substituted by cooperative networks of direct and indirect level authorities due to the growing number of composite procedures. Thus, consular protection policy has evolved from an inter-governmental regime to a special European administration field. The multi-level institutionalisation of the execution and evaluation of European policies is a coherent system compared to the obligation de résultat of the Member States once associated with the implementation of the acquis. Therefore, the article examines what constitutes European administration in this and other policy fields and what represents its structural and procedural law sides. The EU consular protection policy as such is a unique policy at the crossroads of international law, domestic law and different level of EU law. Europeanisation of a certain policy often means a sort of harmonisation of substantial law; however, in case of consular protection, it is not targeted. Consular protection policy is Europeanised in structural and procedural aspects under the auspices of fundamental right protection and ends up in the creation of the European administration for the policy. The article thus highlights the process of establishing European administration and calls attention to possible problems of legal application while offering theoretical bases to eliminate them
Regulating the Urban Commons: A Romanian Case Study of Improving Building Facades
Full text linkThis paper examines the effect of build environment regulations for facades emergency repairs and embellishment, as implemented by the city of Cluj-Napoca, the second largest municipality in Romania. The scope was to identify to what extent the over taxation measure was efficient in generating compliant behaviour and what secondary effects it may have generated in people’s attitude towards the local authorities. We conducted structured interviews with 25 homeowners targeted by the policy. The qualitative analysis uncovers structural issues on how the policy was implemented and communicated to the population. It further acknowledges difficulties in managing mixed property and collective actions. We interpret the findings as a first step towards building a more comprehensive research framework focused also on included behavioural insights, as captured by our recommendations. Namely, they illustrate that homeowners were critical about the measure, both in its rationale and its implementation, and were unable to act upon a cost-benefit analysis given the ambiguous available information. The findings further acknowledge difficulties in managing mixed property and collective actions, but they also hint favourably towards the role of peer effects, expressed here as compliant neighbours’ behaviour. We interpret the results of this exploratory case study as a first step towards building a more comprehensive approach to serve as a toolkit in examining the development of innovative local policies in post-communist environments, through a combined research framework including also the significant contribution of behavioural insights, next to the traditional rational actor theories. Naturally, the usual limitations of the method also apply to our study, in the sense of non-generalizable conclusions. This fuels up the need for further research on similar regional and urban challenges in an extended multiple-case study scheme
Formation of Territorial Community as a Subject of Local Development
Full text linkThe study contains an analysis of the essence of decentralization and its impacts on the creation of territorial communities. Scholarly views on the essence of the concept of ‘territorial community’ are presented and its features mentioned. The factors that determine the regional development of the territorial community as a subject of economic relations in the region have been identified. The legislative regulation of the process of creation and development of territorial communities is analysed and the shortcomings of the current situation are pointed out. The degree of decentralization over the period 2018–2020 is briefly analysed and a description of the methodology for assessing the viability of the created territorial communities is given. It is emphasised that the methodology of formation of affluent territorial communities is described in the 2015 Ukrainian legislation and approved by the resolution of 8 April No. 214 “The methodology of formation of affluent territorial communities”. The calculated indicators are given on the example of the Stepanivska united territorial community and its prospects of development are estimated. Recommendations for improving the conditions of formation and development of territorial communities in the conditions of decentralization in Ukraine have been developed. The empirical methodology used in the study proved to be liquid and can be applied in practice to the formation of the territorial community as a subject of local development
Impact of Fiscal Policies on Western Balkan SMEs’ Growth: Evidence from Kosovo
Full text linkThis paper analyses the impact of fiscal policies on increasing the capacity of SMEs from the manufacturing sector in the Western Balkans, with particular emphasis on those in Kosovo. To achieve empirical results, the data obtained from the opinions of the 100 analysed SMEs were processed through logistic regression. The SPSS statistical software was also used for these statistics. Based on literature review and empirical results, it has been concluded that fiscal policies have an impact on Kosovo SMEs growth. Also in Kosovo and in other Western Balkan countries, fiscal policies and packages have been adopted to support SMEs and have had a significant effect on their activities. Despite the fact that under normal circumstances fiscal support for SMEs has been provided by the governments of these countries, in the near future there should be greater fiscal support to SMEs by means of fiscal incentives due to the devastating effects of the COVID 19 pandemic on each country’s economy
Arbitration in Administrative Affairs: The Enlargement Scope of Ratione Materiae in Portugal
Full text linkThe purpose of this article is to address the question of arbitrability of administrative conflicts, generally and as characteristic of Portugal. Although the use of arbitration in conflicts where public entities intervene in private relationships is usually allowed, European legislatures commonly consider administrative disputes as a type of controversy excluded from arbitration. It is indeed easy to raise strong arguments against alternative dispute resolution when public administration is implicated. Nevertheless, none of the objections usually raised seems to be unbridgeable. Consequently, the article aims to critically analyse the main arguments against the power of arbitrators to rule on public conflicts. Presently, the Portuguese law allows administrative arbitration in a wide range of areas, from conflicts relating to administrative contracts to conflicts over the legality of administrative authority acts. The assessment of this regime makes it clear that the enlargement of the objective scope of administrative arbitration has to be accompanied by rules, which offer a response to the specific requirements of administrative law and a safeguard of public interest. In this sense, the analysis offers a critical review of the solutions of Portuguese law, which can be also used in comparable legal regimes of other European countries
The Measurement Model of Professional Operation of State Administration
Full text linkThis paper presents the study of a measurement model of professional operation of state administration. From the perspective of reliable performance of state functions, the professional operation of state administration represents one of the goals of social change. Based on theoretical-analytical findings, a measurement model of professional operation of state administration was designed. It consists of three dimensions, namely: reliability of state administration, professionalisation of the administrative profession, and competence of employees. The reliability dimension is represented by the element of legality and economic efficiency, the profession dimension is based on power, autonomy, knowledge and responsibility, and the competence dimension includes elements of leadership and ethics. The measurement model was tested in the Slovenian state administration. The results of the research confirm the connection between the three aforementioned dimensions of professional operation of state administration and, consequently, the validity of the designed model
