169,782 research outputs found
Teoria dell’organizzazione e giustizia. I processi organizzativi nei sistemi giustizia
No full textAccording to many scholars, studying judicial systems means dealing with its structural and functional configurations. Differently, as some contemporary authors propose to do applying the approach of the political science and the organizational studies, the analysis of justice systems is devoted to fully grasp the interactions that connect the law to justice, as public service offered to the citizens. Overcoming the limits of a purely legal and formal approach, the political science driven approach to the organization of justice systems aims to trace the concrete and real interaction among actors, powers and resources that is crucial to understand the contemporary functioning of the justice systems.
In this scenario, the article aims to reflect on the added value, both at theoretical and empirical level, of a shifting from a structural approach to a systemic-procedural one in the judicial studies.
The article, based on direct experience in empirical research and on subsequent results, deals with three theoretical questions: 1. what does it mean to study justice systems as complex organizations? 2. Why is it necessary to move from the study of “judicial systems” to the analysis of the “justice systems”, overcoming the boundaries of judicial offices? 3. How could the integration of concepts and methods from both political science and organizational studies support the development of new research perspectives and topics
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No full textPH.: SHUTTERSTOCK
Le elezioni hanno portato al ritorno del centrosinistra al governo della città dopo 24 anni. Tuttavia, il sindaco non proviene dal centrosinistra e la sua esperienza politica è legata alla seconda giunta Pizzarott
La retorica della razionalizzazione
No full textIl tema della razionalizzazione organizzativa e territoriale degli enti e dei servizi pubblici è stato al centro del dibattito politico degli ultimi anni acquisendo sempre più cogenza con l’acuirsi della crisi economica. In questi anni si è affermata in Italia una tendenza che, sebbene non sia corretto definire centripeta tout court, è sicuramente caratterizzata da un ri-accentramento e da un accorpamento delle unità territoriali delle varie pubbliche amministrazioni, in particolare di quelle con strutture che erogano servizi a livello locale. Il volume ha come obiettivo l’analisi di questi interventi di riforma, con particolare attenzione agli enti locali, al settore dei servizi pubblici locali (acqua, rifiuti e trasporti), alla sanità e alla giustizia. Emerge è un quadro variegato di riforme e interventi che, sebbene presentino un obiettivo dichiarato comune (razionalizzare per migliorare il funzionamento della Pubblica Amministrazione e di conseguenza ridurne i costi) in realtà sembrano aver perseguito solo il taglio netto della spesa. Trascurando, invece, il vero cuore del problema: la ricerca di un maggiore coordinamento e integrazione tra i livelli e gli ambiti territoriali
A one-fits-all solution for Italian public sector. Inter-organizational collaboration and mergers everywhere under the austerity
No full textDuring the years of the global crisis, balanced budget goal and expenditure containment were the driver of most legislative provisions and reforms promoted by Italian governments.
Broad reforms in several policy sectors have been thus enhanced, mostly by merging and joining organizational units with the aim at minimizing redundancy and wastes and under the auspices of a “renewed” rationalization.
Our paper will present the result of a collaborative research project aiming at mapping these reforms using a cross-sectorial perspective. Four different policy sectors have been analysed – local government, health, judicial services, local public services (public transport, water and waste management) – with the purpose of understanding the rationale of these measures, the effects they produced on the Italian public sector and the “policy ideas” behind them.
In particular, some examples of collaborative efficiency measures could be found in the recent reforms: from procurement syndicates (e.g. in the local government) to forms of one-stop-shops (e.g. in the justice sector), from shared services arrangements (with ‘back-office’ activities and function sharing) and shared infrastructure facilities (like e-gov platform) in all four sectors.
From a theoretical background the evolution of the NPM ideas will be discussed as well as if and how these types of measure could be conceived as post-NPM tools. By using the policy design concept, we will then focus on hybridization and layering, which characterize the policy reform process in Italy. The implications of such collaborative measures for the organizational theory and behaviour will be addressed. In particular, it seems interesting to assess if and how the abovementioned shared and collaborative services and institutions, really bring to changes in the Italian organizational structure and culture
Countries you go, asylum adjudication you find”. Asylum appeals implementation arrangements, actors’ discretion and organizational practices.
No full textThe article investigates the implementation of a crucial area of the EU asylum policy, which is asylum adjudication at the appeal stage. According to the Common European Asylum System (CEAS), Member States must guarantee asylum seekers an effective remedy against first- instance decisions. However, the EU policy framework leaves space for each country to choose its implementation model. Filling a gap in the literature on asylum policy implementation, the article explores the implementation arrangements for asylum appeals in three countries, Italy, France, and Greece, which adopt different models. More precisely, relying on Strategic Analysis of Organizations (Crozier 1963; Crozier and Friedberg 1977) and the Street-Level Bureaucracy (SLB) approach, the article addresses how specific elements of the implementation arrangement influence organizational autonomy, implementing actors’ routines and perceptions, as well as the degree of discretion. Moreover, it investigates the influence of de facto organizational practices on policy performance. The analysis of qualitative data suggests that different implementation arrangements, such as the nature of the body, the appointment system, and mechanisms of vertical accountability, shape de facto individual and organizational practices and actors’ spaces for discretion. This process seems to impact policy performance, particularly in terms of uniformity, which is a core objective within the broader European policy framework for asylum adjudication
La politica europea di promozione della rule of law in Romania e Serbia-Montenegro
No full textStarting from the 1990s the EU has been playing a very active
role in promoting rule of law reforms both in candidate countries
and potential member states. In the current decade it is therefore
possible to compare variable strategies of rule of law promotion
across different groups of countries. The paper aims at describing
and examining the range of EU rule of law promotion initiatives
and instruments. Through the analysis of EU official documents
(Regular Reports, Accession Partnership, Strategy Papers
etc.) a definition of the notion of rule of law – used by the EU – is
provided making reference to its most relevant dimensions. The
analysis will be especially focused on two countries: Romania
and Serbia-Montenegro. Empirical evidence shows that EU implements
similar strategies both in candidate countries and in potential
candidate countries
Powerful resistance against a long-lasting personalized battle: The impact of Berlusconi on the Italian judicial system.
No full textThe article proposes a reflection on the impact of Berlsuconi’ twenty years of politics on the Italian judicial system. To
this aim the first section presents an excursus on the cross-national processes associated with the ‘judicialisation of
politics’, that is a broad process taking place in many countries, whereby judicial personnel have taken on an
increasingly political role. Then the article focuses on the Ad personam and Ad aziendam laws that characterized the
twenty years of Berlusconi political activities. The third section analyses two of the above-mentioned laws and reforms
having a major impact on the judges’ and courts’ work: the Ex-Cirielli law and the Castelli reform of the judicial
system. The fourth section approaches the topic of anti-judges rhetoric and its impact/link with political culture and the
judicial system functioning. This section firstly describes when the Berlusconi’s anti-judges rhetoric emerged and how
it evolved along with the governments headed by Berlusconi. Then, the article focuses on some selected aspects
throughout which it is possible to depict the impact of the anti-judges rhetoric both on the public opinion perception of
the judicial system and, more in generally, on the work and behavior of Italian judges
Performance measurement and the informatisation of services in judiciary systems: An assessment from Europe to Italy
No full textAt the end of the Nineties, policies and projects aimed at improving the quality of justice in the name of efficiency and accountability were introduced within many European national judicial systems. This happened with a decade of delay in respect to other sectors of the public administration. These types of policies were mainly focused on the one hand, on the evaluation of judges and courts performances and, on the other hand, on the introduction of ICTs in the judicial systems. Nowadays, after a decade from the introduction of these innovations, the available data and studies show that, only in a few cases, these policies were successful in introducing significant changes and quality improvements. Moreover, in many cases, these expensive projects were interrupted, during the implementation stage, without any result. On the basis of these assumptions, this article aims to present some examples of projects and policies introduced in some European countries. These examples have been selected as they allow to underline both critical and positive factors that influenced the policies implementation processes and, consequently, their results. The overall aim of the article is to emphasize that, also in the justice sector, as well as in other public administration sectors, the introduction of managerial tools and paradigms did not always provide the expected results. In many cases, during formulation and in the implementation stages, the peculiar organizational characteristics of the judicial sector were overlooked, opting for a standardized managerial approach, with the consequent lower results
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