42 research outputs found
Liberalization of authority: administrative tasks' privatization in theory and comparatively
No full textBesides the traditional forms of liberalization of public services and authority, public administration reforms also involve the privatization of (state) administrative tasks. In some countries, including Slovenia, private holders perform public tasks in such a way based on “public authority”. The main reason for granting public authority is increased efficiency of administrative tasks, which private entities achieve through liberalization of political influence and rationalization of work. However, due protection of public interest has to be maintained by strategic control of public authority. The article addresses by theoretical analysis aspects of administrative tasks’ privatization based and analyzed on the example of multiple OECD and the EU countries, especially Slovenia, in the context of good governance concept in order to offer guidelines for similar reforms in other countries
LIBERALIZATION OF AUTHORITY: ADMINISTRATIVE TASKS' PRIVATIZATION IN THEORY AND COMPARATIVELY
No full textBesides the traditional forms of liberalization of public services and authority, public administration reforms also involve the privatization of (state) administrative tasks. In some countries, including Slovenia, private holders perform public tasks in such a way based on 'public authority'. The main reason for granting public authority is increased efficiency of administrative tasks, which private entities achieve through the liberalization of political influence and rationalization of work. However, due protection of public interest has to be maintained by strategic control of the public authority. The article addresses by theoretical analysis aspects of administrative tasks' privatization based and analyzed on the example of multiple OECD and the EU countries, especially Slovenia, in the context of good governance concept in order to offer guidelines for similar reforms in other countries
In Search of an Effective Model:A Comparative Outlook on Administrative Silence in Europe
No full textPublic administration inactivity, or in other words the excessive length of administrative proceedings, is not a new phenomenon; however, it appears to be of limited interest for comparative law, and it occurred particularly as attempts to develop a European convergence in administrative procedural law in a pro-business paradigm. In this context, there were initiatives at the EU level that attributed administrative silence as a positive legal fiction—namely Directive 2006/123/EC on services in the internal market (Service Directive). The tension between silence as rejection (negative) and silence as approval (positive) is to be found not only at the level of the EU procedural law, but also at the level of the national administrative law of the Member States. In this chapter, we critically synthesize the main aspects discussed in the following chapters that deal with this topic in national setting, trying to find a red line or identify common trends among the studied jurisdictions
From the Editors: The Story of a Data-Driven Comparative Legal Research Project on FOIA Implementation in Europe
No full textLegal framework relating to alternative dispute resolution in Belgian public law
No full textThe application of alternative dispute resolution is increasing in Belgian administrative law hand in hand with the move towards a more bilateral relationship between administration and citizens, characterized by reciprocity and dialogue. The specific character of public law is the cause of specific legal problems and limitations. This paper examines these restrictions and their opportunities as a contribution to the creation of a theoretical framework for alternative dispute resolution in administrative law and serves in an international context as an overview of this theme
Ecology of prophage-like elements in Bacillus subtilis at global and local geographical scales
No full textSummary: Prophages constitute a substantial portion of bacterial genomes, yet their effects on hosts remain poorly understood. We examine the abundance, distribution, and activity of prophages in Bacillus subtilis using computational and laboratory analyses. Genome sequences from the NCBI database and riverbank soil isolates reveal prophages primarily related to mobile genetic elements in laboratory strains. Distinct and previously unknown prophages in local isolates prompt an investigation into factors shaping prophage presence, with phylogenetic relatedness predicting the prophage repertoire slightly better than geographical origin. Data also show that prophages exhibit strong co-occurrence and exclusion patterns within genomes. Laboratory experiments indicate that most predicted prophages are cryptic, as they are not induced under DNA-damaging conditions. Importantly, stress responses increase with the number of predicted prophages, suggesting their influence on host physiology. This study highlights the diversity, integration patterns, and potential roles of prophages in B. subtilis, shedding light on bacterial genome evolution and phage-host dynamics
Remedies Against Administrative Silence in the Netherlands
No full textThis chapter introduces the remedies against silence of the administration in the Netherlands and provides data on the functioning of these remedies in practice. Single-case decisions requested by an interested party shall be taken within the time limit prescribed by statutory regulation or within a reasonable period, normally eight weeks. Three consequences of untimely decision-making by public authorities are distinguished. Firstly, an interested party can lodge an appeal with the administrative law court to order the administrative body to take a decision, as soon as the time period has expired and two weeks have passed since the interested party sent the administrative authority a written notice of default. Secondly, when these conditions are met, a penalty is forfeited for each day that no decision is taken. Thirdly and alternatively, a fictitious positive decision is deemed to have been taken. The chapter discusses the legal and practical consequences of these remedies
