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1
Arana García, Estanislao. "ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION: TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE." Administrative law and process, no. 2(25) (2019): 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.
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Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary to: 1) analysis the creative solutions of the agencies courts; 2) verify the performance of agencies through the information provided by themselves; 3) discuss the judicial decisions from a scientific perspective. This process has been implemented through direct contact with experts and professional actively involved at these European administrative courts. Results. EU law is haphazardly creating a system of administrative review that is in many cases a pre-condition to judicial review. This system is most evidently manifesting itself in the application of EU law by administrative agencies. For this purpose, some of the EU’s most important agencies have created specialised bodies known as boards of appeal. These objective and independent bodies have the power to review the decisions of the agency they form part on based on both questions of law and fact. The paper aims to establish a critical vision of the role that new judicial forms are developing and the importance of to reach a specialized criterion for solving technically increasingly complex issues. Conclusions. The board-of-appeal model has proven a successful one as it offers parties a low-cost and effective way of having their complaints resolved without having to go to the European Union Court of Justice. Lastly, there appears to be a need for the European Union to, as it is currently doing with administrative procedure, establish a common set of rules for this emerging remedy for reviewing European administrative acts.
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Škorić, Milica. "Agencification of public administration in the transition process." Pravo - teorija i praksa 38, no. 3 (2021): 108–18. http://dx.doi.org/10.5937/ptp2103108s.
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The democratization of the countries in Central and Eastern Europe (CEE) has also included the reform of inefficient public administration. At the same time, these reforms have been accompanied by the aspiration for a membership in the European Union. The administration has been transformed according to a number of principles that make up the framework of the European administrative area. Along with these processes, there were established public agencies, a body taken over from the developed countries, and created during the reform of the New Public Management. The countries in transition have gone through an extensive and rapid process of agency. Due to a high level of autonomy after the formation of agencies, i.e., after certain tasks have been transferred to their competence, it is difficult to effectively control their work. The public interest is threatened by the non -transparency of these bodies. Their existence also affects the basic principles of the European administrative space and turns the reform against itself. It is certain that the mass establishment of a new body in the system of public administration brings uncertainty in terms of effects. It has turned out that foreign experts, without knowledge of the administrative tradition of the socialist countries, as well as domestic politicians who wanted accelerated reform, also contributed to that.
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Ishchenko, Ivan, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi, and Iryna Tsareva. "European experience of preventive activities performed by law enforcement agencies: administrative aspect and theoretical-legal aspect." Cuestiones Políticas 40, no. 75 (December 29, 2022): 263–73. http://dx.doi.org/10.46398/cuestpol.4075.17.
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The aim of the research was to reveal the peculiarities of preventive activities carried out by law enforcement agencies in the countries of the European Union. Attention is paid to the known methods of preventive work carried out by the police of different countries, which make it possible to prevent crimes and arrest criminals when they are still preparing to commit a crime. In this regard, models of preventive activities used in continental European countries are described. The methodological basis of the research is presented in comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. In the conclusions attention is paid to the peculiarities of prevention applied by individual members of the European Union, in particular, the policy of prevention by the Polish police, in terms of recidivism of persons who have already committed crimes. This policy is developed by borrowing from the European experience, because in some countries the emphasis is on extending the powers of police officers, in others - on maximum interaction with the society involved to help implement some police functions.
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Krausenboeck, Maria. "DER RENEUAL MODEL DRAFT FOR AN ADMINISTRATIVE PROCEDURE LAW – BACKGROUNDS AND CURRENT SITUATION." Administrative law and process, no. 3(26) (2019): 72–76. http://dx.doi.org/10.17721/2227-796x.2019.3.04.
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The paper focuses on administrative law reform within the European Union and raises this problem in the Central Asia countries: as EU advances with its codification and structuring on the existing principles and institutions, the countries of Central Asia start from scratch. A group of academics within the Research Network on European Administrative Law (ReNEUAL), starting with comparative law method, tries to use national administrative procedural laws, case law and principles of the administrative procedure of the European and national courts, as well as the relevant soft law, especially the “Ombudsprudence” aims, taking into account new communication technologies, at developing a relevant draft law. In its independent work between 2009 to 2014 the ReNEUAL network specified the constitutional principles for administrative procedures, naming proposed draft “self-administration law”. It deals with institutions, bodies, offices and agencies of the European Union in their relations with the public as well as various cross-cutting issues: rules on the consequences of procedural errors, use of undefined legal terms, optimization of the rules for complex processes. European Parliament’s legal committee made some reference to the ReNEUAL draft and also sought advice from members of the network. Later draft from Parliament, seen as less ambitious, stays within the basis of the currently applicable EU treaties, whereby the ReNEUAL draft would sometimes require changes to the treaty. The proposed ReNEUAL builds transparent basis for exercising human and citizen rights, helps ensure transparency and consistency of the EU administrative institutions. It could also serve as a catalyst for the reform of national administrative procedural laws. The European Commission not convinced that EU administrative law could be summarized in a single legal document, asked for a cost-benefit analysis and impact assessment and publicly consulted on the codification of EU administrative procedure from 15.12.2017 to 09.03.2018, publishing results in July 2018.
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Paudel, Shambhu, Prabhat Pal, and Harish Singh Dhami. "Restructuring Integrated Watershed Management Models for the Federal Democratic Regime of Nepal." Journal of Forest and Natural Resource Management 1, no. 1 (February 10, 2019): 69–76. http://dx.doi.org/10.3126/jfnrm.v1i1.22654.
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Recent political envision has redesigned the administrative units of Nepal into federal states with the aim of decentralizing the power to ensure the process of rapid sustainable development. As a consequence, all the public service agencies need to restructure their delivery units for achieving goals targeted by the newly adopted administrative regime plan. With the aim of recommending the best watershed management models for this changing context, this paper aims to review existing watershed management models applied in different continents like European union, African union and the United States where they have already adopted this watershed management plans into their federal states or countries union successfully. Although they are geographically distinct and economically advanced, the major approach adopted is a river basin approach with the clear legislative framework. This approach is highly succeeded between interstate (or between member countries) because of political or interstate commitments for the common pool resource water. Clear policies and commitments between member countries or interstate greatly improved the function of this mechanism. With the light of those experiences in the field of watershed management plan adopted in federal or union countries, river based integrated management plan balancing efforts between interstates seems best models in the world, and is also proposed for the new federal republic of Nepal.
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Škorić, Milica. "Comparative analysis of public agencies in Croatia and Sweden." Pravo - teorija i praksa 38, no. 2 (2021): 114–28. http://dx.doi.org/10.5937/ptp2102114s.
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Although public agencies have existed for several decades, in Serbia, they are new forms of government bodies. The aspiration to modernize the public administration and harmonize it with modern trends can be an opportunity to see the stages of development and models of control and autonomy of the agency from the decades-long development of Swedish public agencies. The example of Croatia will show the potential of the former socialist state for such reforms and how important reforms are on the road to the European Union in the XXI century. Through the analysis of relevant literature and a comparative method, there are presented the reforms of public agencies being implemented in selected countries since their first appearance till nowadays. This paper focuses on the process of creation and development of public agencies in Sweden and Croatia, as members of the European Union, whose development of a public administration differs significantly, all in order to answer the questions: How much do public agencies contribute to decentralization? Are these bodies necessary for the approach and accession to the EU?
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Falkovskyi, Andrii, and Olga Dzhezhik. "FORMATION OF THE MODERN CONCEPT OF EUROPE IN THE CONTEXT OF SOCIAL NEO-INSTITUTIONALISM." Baltic Journal of Economic Studies 5, no. 4 (October 29, 2019): 221. http://dx.doi.org/10.30525/2256-0742/2019-5-4-221-226.
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In the scientific discourse of the XXI century, the concept of modern Europe is being reformed under the influence of reforming the activities of the European Union. Scientific publications and research are conducted based on a study of the policies of the European Union countries, EU institutions and structural elements, and the problems that arise in the process of activity and development. The concept of modern Europe is a general term that embraces European values, the European standard of living, European policy, and European priorities, giving the concept of European studies a stable association with the European Union. In this context, the main causes and consequences for the scientific discourse, political practice, and future development of European countries must be considered. Neoinstitutionalists have attempted to analyse institutions based on atomistic methodology. Institutional transformations, processes of intra-European integration and enlargement of the EU, discussions on membership and exit from the EU raise issues of identity and development of governance in Europe. Europeanisation can be seen as a discourse, governance, and institutionalisation. The first interpretation emphasizes that modern Europe is a discourse, not only ideological but also administrative. In this sense, Europeanisation can be a means of expression of institutional globalization through domestic policy. In the article, the hypothesis is put forward and proved that the interpretation of the concept of modern Europe directly correlates with the future development of the European Union and its members. The dissemination of exclusive practices will help to spread the ideas of radical “Eurosceptics”, which could lead to the collapse of the European Union. The inclusive aspect of the concept of Europe is represented by the ideas of “Europeists” who, based on the common history, culture, mentality of the peoples of Europe, substantiate the positive influence on the state development of integration, non-state cooperation, and extrapolation of EU norms and principles into the new territories of Europe. There are three main reasons for shaping the concept of Europe as the boundaries of EU policy: The consolidation of political positions of the European Union and its growing role as an actor in world politics; Essence of the EU enlargement concepts; Features of development within the European community. The modern concept of Europe is considered in the context of a modern multi-level governance model. Therefore, Europeanisation is the interaction of different layers of interests, including structures of regional, multi-level governance, legitimacy of domestic and foreign policy. The impact of the multi-level governance system on the functioning of public administration systems in the Member States and neighbouring countries is considered. Four approaches are identified based on the analysis of relationships between different levels of governance. The necessity of formulating new theoretical paradigms defining the relations between the Member States and the technocratic institutions of the EU, as well as between the Europeanised system of national agencies and the ministries overseeing their activities, has been proved.
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Kharitonova, E. "European Union Higher Education and Science Programs During the Covid-19 Pandemic." Analysis and Forecasting. IMEMO Journal, no. 4 (2021): 47–57. http://dx.doi.org/10.20542/afij-2021-4-47-57.
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The author looks at the impact of the COVID-19 crises on the European higher education and scientific cooperation programs. During the pandemic the national governments announced strict lockdowns and other protective measures. Free movement across borders was hampered, university campuses mostly closed and many activities put on hold. In these circumstances participants of international exchange programs became particularly vulnerable: some were unable to move to their destination university or institution, others were experiencing difficulties returning to their home countries. Numerous logistical, administrative, health-related and other problems made the situation difficult for the students, professors and researchers, as well and for the staff responsible for the implementation of such programs. In response to this situation, the European Commission and its executive agencies issued guidelines for the participants, extended project deadlines and made other arrangements. At the same time, additional resources were channeled to digital education initiatives and to supporting research aimed at overcoming the pandemic, including diagnostics, treatment and prevention of COVID-19 and other related research fields. In the new program cycle the budget for the EU education and scientific cooperation programs, such as Horizon and Erasmus have been significantly increased and linked to the post-crisis recovery package. A new impulse has been given to the European education area and European research area. The author argues that despite serious problems caused by the pandemic itself and the lockdowns, the crisis became an additional factor for extending higher education and research programs and deepening integration efforts in these areas.
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Demchuk, N., and R. Havric. "Legal responsibility for illegal crossing of the state border: foreign experience of legal regulation." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 137–40. http://dx.doi.org/10.24144/2788-6018.2022.01.25.
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In the scientific article, the authors conducted a study of foreign experience in prosecuting for illegal crossing of the state border under the laws of neighboring countries and the European Union. Based on the study, the authors concluded that according to foreign legislation on liability for illegal crossing of the state border, such acts are mostly criminal liability (especially post-Soviet states, except Ukraine, Belarus, Estonia and Moldova; the United Kingdom of Great Britain and Northern Ireland; Poland; France; Germany). However, the legislation of many European Union countries, including the Czech Republic, Slovakia and Estonia, provides for criminal liability only if there are aggravating circumstances when crossing the state border, providing for administrative liability for crossing the state border in other cases. Such circumstances are: use of force or threat of imminent use of force when crossing the state border, violation of the air border, ignoring the stop signal or order issued by a border guard official, crossing the border by a group of persons or a vehicle in a place not intended to cross the border, repeated offense while crossing the border, causing serious damage to health or life of a border guard official. Similarly, the legal regulation of legal liability for illegal crossing of the state border in Ukraine is an administrative offense, but in the presence of qualifying circumstances (illegal crossing of the state border to harm the interests of the state, as well as illegal crossing of the state border by a person prohibited entry into the territory of Ukraine, or representatives of units of the armed forces or other law enforcement agencies of the aggressor state) – a crime. Belarusian law provides for administrative liability for illegal crossing of the state border for the first time, and criminal liability for repeated offenses. States such as the Republic of Slovenia and the Republic of Moldova, whose legislation does not provide for criminal liability for illegal entry and illegal stay in the country, consider illegal crossing of the state border exclusively as an administrative offense.
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Nwaodu, Nnamdi O., Stephen Adi Odey, and Ngozi Stella Emma-Egbumokei. "The European Union and UN Millennium Development Goals in Nigeria: A Study of the Micro Projects Programmes (MPPs) in the Niger Delta Region." Africa’s Public Service Delivery and Performance Review 4, no. 3 (December 1, 2016): 459. http://dx.doi.org/10.4102/apsdpr.v4i3.124.
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The present Cotonou Accord was signed by the EU, 77, African Caribbean and Pacific (ACP) countries towards halving poverty as prescribed by the UN Declaration by 2015. The EU's interventionin the rural communities of the oil producing states of Nigeria (Niger Delta) clearly shows her commitment towards the above stated global drive for the eradication of poverty especially in the Third World. Bringing about the establishment of the Micro ProjectProgrammes (MPP3, MPP6 and MPP9) for the nine states of the region between 1999 and 2012 and expended over €210 million on the programmes. Four years after theimplementation of the programmes, arising questions include: to what extent did the EU-MPPs achieve the set goals of poverty reduction in the region? And how sustainable are the achievements of the programmes? Using ex post facto research design, it was found out that amidst numerous challenges the MPPs actually reduced the level of poverty in the region through the provision of over 20,000 micro projects to more than 4000 rural communities in the nine states it covered. It therefore recommended that similar programmes be initiated by all other international development agencies as to speed up the reduction of poverty in the UN targeted areas though behind the originally target period of 2015. The study contends that an effective administrative institutional framework of the EU- MPPs should serve as model to other development agencies not only in Nigeria but across the developing economies of the world.
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Papečkienė, Danė. "QUALITY ASSURANCE AT HIGHER NON-UNIVERSITY INSTITUTIONS: REVEALING THE EDUCATORS‘ ATTITUDES." ŠVIETIMAS: POLITIKA, VADYBA, KOKYBĖ / EDUCATION POLICY, MANAGEMENT AND QUALITY 1, no. 1 (March 5, 2009): 29–35. http://dx.doi.org/10.48127/spvk-epmq/09.1.29.
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Lithuania having joined the European Union and seeking the education acquired in Lithuania to be internationally recognized, the necessity emerged to match the education standards with the systems of vocational training in European countries. The project plan (2002-2006) of the development of higher education in Lithuania states that the quality assurance is a top priority. The emphasis is laid on the fact that the quality assurance of higher education should not lack behind the one in the developed European countries. The quality assurance of higher education has been under discussion in the few recent years. How should be the studies organized in order to train students to be able to compete in the labor market of the dynamically developing European countries? To determine the dimensions and standards of the education quality that are common to Lithuanian universities and colleges it is essential to regard the worldwide experience and to apply it in the context of our country. The importance has been laid on the quality assurance at the European universities for the recent 10 years. The subsequent organizations were established in different countries all over the world. A number of the agencies dealing with the quality assurance of higher education started the network partnership. The established Centre for Quality Assessment in higher education plays a major role for implementing the external quality assurance policy in universities and colleges of Lithuania by contributing to the development of human resources. The object of this research is to reveal the educators’ attitudes at Marijampolė and Utena colleges towards the establishment of the quality assurance system at college. The research was done in November, 2004 at Marijampole and Utena colleges. There were 120 educator respondents at Marijampole College and 50 respondents at Utena College. 146 of them were lecturers and 24 were the administrative staff. The research done, the conclusions were made that the communities comprising the lecturers as well as the administrative staff of the colleges are concerned about the quality assurance of higher education and studies. The quality of higher non-university studies is being continuously assessed. Moreover, the system of quality assurance is being continuously developed. The educators both at Marijampole and Utena Colleges positively assess their input into the successive performance of the institutions taking an active part in making decisions related to the improvement of the inner system of quality assurance at the institutions. Key words: quality of studies, college, education.
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Kalashnyk, M. V. "Practice of Administrative and Jurisdictional Activity of Community Police Officers – Integral Part of the Principles for the Formation of Local and State Security Policy." Law and Safety 81, no. 2 (July 2, 2021): 67–71. http://dx.doi.org/10.32631/pb.2021.2.08.
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The author has accomplished the analysis of the essence of organizational and legal principles of community police officers’ activity (hereinafter – CPO), their interaction with other divisions of the National Police of Ukraine, state authorities, local self-government agencies and communities. The author has analyzed a set of tasks, functions and powers of CPO and the current state of regulatory legal provision of community police officers activity: has outlined the algorithm of actions of community police officers within the combination of functions of district police officers and patrol police officers.
The author has outlined the perspectives for more effective involvement of local residents into formation of local and state security policy through new mechanisms of cooperation with local communities and civil society institutions developed by the practice of police officers of territorial communities; the author has provided a number of propositions for the development of regulatory legal documents that would regulate the activities of community police officers. The author has studied the essence of interaction of police officers and members of the community, its legal principles and forms of realization, problems of regulation of the activity of the newly created law enforcement institution.
A new format of work of a district police officer, based on the principles of combining the efforts of local self-government agencies and law enforcement agencies, has been characterized. The author has defined a number of gaps in the legislative and regulatory provision of community police officers’ activities, including the establishment of effective coordination between community police officers and local communities and the elimination of existing or possible competitive interest that may arise in the process of their joint activities.
The determinant of lag of performing professional activity by community police officers from the standards of similar services of the European Union countries has been defined.
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Bevz, Svitlana. "HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE: SOME LANDMARKS." Administrative law and process, no. 2 (29) (2020): 44–57. http://dx.doi.org/10.17721/2227-796x.2020.2.04.
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The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.
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Young, Craig. "Meeting the New Foreign Direct Investment Challenge in East and Central Europe: Place-Marketing Strategies in Hungary." Environment and Planning C: Government and Policy 23, no. 5 (October 2005): 733–57. http://dx.doi.org/10.1068/c0537.
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The attraction of foreign direct investment (FDI) has become a major economic development goal of the postsocialist countries of East and Central Europe (ECE). ECE countries have rapidly adopted ‘Western’-style place-marketing policies to attract FDI. However, little is known about place marketing under postsocialism, and particularly in the context of an enlarged European Union; hence the author presents an analysis of the supply-side policies which Hungary has developed in response to its rapidly changing position with regard to FDI. In particular, he examines the strategies developed by two key agencies responsible for attracting inward investment, the Ministry of Economy and Transport and the Hungarian Investment and Trade Development Agency. Hungary's current position in respect to patterns of attracting FDI is evaluated and, through outlining the key changes in the nature of FDI, a set of key issues which must be addressed in any place-marketing strategy in ECE is developed. The author then analyses how these two key agencies have responded to this new FDI context. The author assesses how Hungary has been able to address the new FDI context and also considers how FDI and attempts to attract it is reshaping supply-side policies, and postsocialist states themselves.
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Pertsev, R. "INTERNATIONAL EXPERIENCE IN ANTI-THEFT OF CATALYTIC CONVERTERS INSTALLED IN CARS." Archives of Criminology and Forensic Sciences 3 (October 3, 2021): 65–71. http://dx.doi.org/10.32353/acfs.3.2021.06.
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Recently, there has been increase in the number of property crimes in the world, including theft of external car parts.
The number of thefts of catalytic converters installed in cars of various brands has sharply increased due to a significant increase in the value of precious metals such as platinum, palladium and rhodium. The reason for a sharp increase in the number of crimes of this particular car part is small amounts of the mentioned precious metals in the catalytic convertors.
The purpose of this article is to consider this problem faced by law enforcement and legislative bodies in many countries and to propose certain ways for its solution.
The article provides an overview of the situation with thefts of catalytic converters in the countries of the European Union, the United States and Israel. Detailed reasons for the occurrence of this problem are provided, as well as measures to protect a car from the theft are suggested.
Possible legislative and investigative-forensic actions to prevent this type of crime are considered:
- law enforcement agencies investigating this type of crime should clearly understand that we are not talking about isolated, unrelated cases, but about well-planned actions of criminal groups.
- increase in control over purchase and sale of metal carried out without accounting and corresponding documentation and amendments to the administrative procedural code also require strengthening.
- applying a special forensic marking on parts, including on a catalytic converter, will allow to track its location and provide full information to law enforcement agencies from which vehicle it was stolen in the event of its theft.
- inspection and examination by a forensic expert of vehicles and other physical evidence left by criminals at crime scenes for criminals’ fingerprints and DNA profiles will help to significantly increase the detection rate of this type of crime.
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Kholyavitska, K. S. "Foreign experience of decentralization of power and prospects for Ukraine." Collected Works of Uman National University of Horticulture 2, no. 99 (December 22, 2021): 94–103. http://dx.doi.org/10.31395/2415-8240-2021-99-2-94-103.
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The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.
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Лук'янихіна, О. А., В. О. Лук'янихін, І. В. Колесник, and К. О. Хамлика. "Encouragement of the Personnel of the State Labor Service of Ukraine to Implement International Experience within Labor Protection Management." Law and Safety 80, no. 1 (March 19, 2021): 42–48. http://dx.doi.org/10.32631/pb.2021.1.05.
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The subject matter of the research of the motives of state officials are socio-economic and legal relations that arise in the process of improving the activities of the State Labor Service of Ukraine (SLS) in the field of “Labor Protection”. The object of the research is the system of state management of labor protection and technology of personnel incentives in the regional departments of the SLS. The purpose of the work is theoretical substantiation and development of recommendations for improving the activities and increasing motivation of the staff of the SLS of Ukraine in Sumy region, in particular the implementation of the experience of advanced world countries into the management strategies. Implementation of the current regulatory base in the field of labor protection in Ukraine, in accordance with international requirements, requires high qualification and motivation of the staff of the relevant executive authorities, the development of effective tools to stimulate the efficient work of those state officials.
The authors have studied the role and place of the SLS of Ukraine regarding the adaptation and implementation of the experience of advanced world countries into the management strategies of labor protection defined in the Conventions of the International Labor Organization and the Directives of the European Union. The authors have determined the subjects of influence in the field of protection of labor rights, labor protection, preservation of life and health of the participants in the production process, in particular the executive authorities of public administration and the Federation of Trade Unions of Ukraine. The authors have developed suggestions on encouraging the staff of the SLS to implement high-quality international labor protection standards on the basis of motivational profiles and their monitoring. Ukraine has chosen an effective model of supervision and control over the compliance with labor legislation. The advantage of this model is the ability of inspections to delegate their powers from central authorities to local agencies.
The conducted study is of theoretical and practical interest in regard to the systems of labor inspections in different countries, it allows us to determine the place of national government in the overall system of such inspections. The results of the research can be recommended for implementation in public administration and local self-government agencies in the field of labor protection in Ukraine.
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Papenfuß, Ulf, Lars Steinhauer, and Benjamin Friedländer. "Clearing the fog for an overall view on state-owned enterprises: quality of aggregate holdings reporting by public administrations in 12 countries." International Review of Administrative Sciences 85, no. 1 (February 16, 2017): 116–36. http://dx.doi.org/10.1177/0020852316681445.
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In the context of current debates on sustainable public service provision, austerity, debts and cutback management, the governance and management of and in state-owned enterprises is a crucial issue. An aggregate holdings report is an important tool for public administrations to provide accountability and the necessary overall view on the institutional service provision structures of core administration and state-owned enterprises. On the basis of a developed quality index with 175 test criteria, this study analyses the diffusion of aggregate holdings reports in 17 countries and the quality of 12 existing reports at the national level. First, the study provides a conceptual contribution for assessing aggregate holdings reports and future research on the issues of the model categories. Second, for an empirical contribution, the analysis enhances our state of knowledge on aggregate holdings report diffusion and quality patterns. Findings show that, in many cases, public administrations do not meet the requirements from theory and practice. Newer Organisation for Economic Co-operation and Development and European Union members reach comparably higher quality scores. This comparative study offers new insights that can enhance the sustainable public management and control of state-owned enterprises. Points for practitioners The Organisation for Economic Co-operation and Development’s OECD Guidelines on Corporate Governance of State-Owned Enterprises, which were published after an intensive consultation process in 2005 and revised in 2015, demand public authorities to develop aggregate holdings reports that cover all SOEs, and make them a key disclosure tool directed to the general public and politicians. This study develops a quality model for assessing the quality of aggregate holdings reports. The model can also answer questions that are often raised in reform debates, such as ‘Which is the best aggregate holdings report?’ or ‘Which aggregate holdings report can I use as a reference to further develop my own aggregate holdings report?’. The model is a conceptual contribution and the empirical results can be used for international bench-learning. They are also useful for international organisations such as the European Union, Organisation for Economic Co-operation and Development, World Bank, International Monetary Fund, Chartered Institute of Public Finance & Accounting and development aid/cooperation agencies in each country. The results of this study indicate that policymakers at the national and international levels should give more emphasis to the diffusion and quality of aggregate holdings reports and should reflect on establishing and revising legal obligations for aggregate holdings reports because the recommendations of the Organisation for Economic Co-operation and Development guidelines, as a soft-law approach, are often not put into practice.
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Zulean, Marian, Liviu Andreescu, Radu Gheorghiu, Andra Maria Roescu, and Adrian Curaj. "Romanian public administration reform 2.0: using innovative foresight methodologies to engage stakeholders and the public." foresight 19, no. 3 (June 12, 2017): 261–79. http://dx.doi.org/10.1108/fs-09-2016-0047.
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Purpose The purpose of this practice-oriented paper is to look at a recent, late-phase development in public administration (PA) reform in Romania, specifically the drafting of the recently adopted national Strategy on Strengthening the Efficiency of Public Administration (2014-2020). In particular, the paper focuses on the opportunities and limits of outsourcing the building of the vision underlying the strategy and the prioritization of strategic objectives. The article’s story is also placed in the broader context of agencification literature and, more specifically, the involvement of executive agencies in policymaking. Design/methodology/approach The paper describes the vision-building exercise, developed according to a script already tested in several sectoral strategy-making processes, and the objectives and procedure of the online participatory consultation by using an adapted real-time Delphi format (similarly tested in the recent past). Findings The paper reports on the ways in which the output of the visioning process and of online consultations may be used to enhance a strategic process already underway. Originality/value PA reform in post-communist countries has been among the most hotly debated, intensely pursued, yet seemingly elusive policy objectives of the transition and post-transition periods. Among pre-accession and then European Union (EU) member states, the need to get in and then to get involved in European policymaking provided some impetus for such reforms and also set substantial constraints, without however always adding much predictability or significantly streamlining the public sector. The paper contributes to this debate by proving an innovative method of devising a reform strategy by outsourcing the strategy-building process to an agency with the necessary know-how and experience.
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Safonchyk, Oksana, and Artem Ripenko. "GOVERNMENT ADMINISTRATION AS THE MAIN PREREQUISITE FOR NARROWING THE CORRUPTION SPACE." Baltic Journal of Economic Studies 5, no. 3 (August 1, 2019): 193. http://dx.doi.org/10.30525/2256-0742/2019-5-3-193-202.
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Political corruption as a social phenomenon exists in virtually all countries of the world, including those that most researchers consider as “benchmarks” in terms of the development of democracy. At the same time, there is a steady tendency towards the growth of political corruption and the evolution of corruption practices in developed democratic countries. Problems of political corruption in the professional literature are given a lot of attention but the issues related to the peculiarities of the experience of fighting political corruption in the EU in the context of the introduction of appropriate practices in Ukraine remain insufficiently researched. In the context of reforming the modern Ukrainian society, the study of problems of preventing and counteracting corruption is extremely relevant for a number of reasons: firstly, corrupt practices in the government machinery are the main obstacle to the implementation of any reforms; secondly, the high level of corruption in society, as evidenced by the results of the World CPI Corruption Perception Index 2015, decreases public confidence in the government; thirdly, it is necessary to implement the anti-corruption recommendations of the Action Plan on Visa Liberalization from the European Union (EU); fourthly, the reduction of corruption would contribute to attracting international investment, and so on. The purpose of the article is to identify features of counteraction to corruption in the countries of the European Union and to analyse the formation of government administration as the main precondition for narrowing the corruption space. To achieve this purpose, the following goals were set: to determine the level of implementation of international anti-corruption standards in the government practice of Ukraine; to investigate the formation and development of anti-corruption institutions; to analyse the experience of anti-corruption institutions in the EU; to investigate the formation of informational transparency of government space; to analyse the ratings of Ukraine regarding data openness; to find out the features of E-Declaration models as an element of public control of anti-corruption institutions in the system of public administration. Reaffirming its European aspirations, during 2001–2018, Ukraine ratified several laws in relation to the formation of anti-corruption standards: a) general and on liability for corruption offenses and offenses related to corruption; b) documents on the activities of specialized agencies for fighting corruption; c) documents on ethical rules, anti-corruption restrictions and prohibitions for certain officials and on the prevention of political corruption; d) documents on the prevention of corruption in the economy and sports; e) documents on access to information. This allows asserting that in general the legislative framework for the prevention of corruption in Ukraine has already been established. Despite the adoption of many laws, out of 200 anti-corruption measures, which, according to the State Program for the implementation of the Anticorruption Strategy, had to be implemented by state bodies by the end of 2018, about 35% had not been implemented. Anticorruption strategy for 2019 and subsequent years and the State Program for its implementation do not exist. Many important anti-corruption laws, which would help to further improve the Ukrainian economy, finance, the system of social protection of the population, and so on, were not adopted. Many of the problems that prevent effective use of the data obtained still need to be resolved. It is also necessary to find solutions for defining the electronic declaration of anti-corruption crusaders.
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Samoshchenko, I., and O. Zhytynskyi. "On the problem of criminal law protection of state symbols: Ukrainian and foreign experience." Problems of legality, no. 156 (April 22, 2022): 76–98. http://dx.doi.org/10.21564/2414-990x.156.252293.
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The article reveals the problem of Ukrainian and foreign state symbols criminal law protection considering domestic and world practice. The relevant norms of criminal laws of the Russian Empire, USSR and Poland, which were in force in the Ukrainian lands in the XIX-XX centuries, have been examined. An analysis of domestic judicial practice in criminal cases related to the abuse of state symbols has been done. It has been illustrated that Ukrainian law enforcement agencies do not always correctly determine the nature of this crime. That is due to the lack of constitutional laws enshrining the system of state symbols of Ukraine, as well as gaps in legal regulation, in particular in the aspect of criminal protection of the European Union flag as membership in this organization is a strategic foreign policy priority of Ukraine. Inter alia, the erroneous legal treatment of individuals’ actions during the protest which took place near the President’s Office on March 20, 2021 as an insult to the State Emblem has been emphasized. The authors also considered solutions of the problem within the framework of a particular legal system – in criminal law of the United States, Germany, France, Spain, Iceland, the United Arab Emirates, Uzbekistan, Japan and other countries. The scientific novelty of this investigation, among other things, is in the examination of both retrospective and prospects of legal responsibility for disrespect of the State language, which is necessary to establish according to the Constitutional Court’s decision on the validity of the Law of Ukraine “On ensuring the functioning of the Ukrainian language as the state language”. However, the authors are inclined to think that this issue should be regulated by administrative law, given the experience of some post-Soviet states. Proposals for amendments to the Criminal Code of Ukraine have been made.
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GAVUROVA, Beata, Matus KUBAK, and Martin MIKESKA. "The efficiency of public procurement in the health sector – the platform on sustainable public finances." ADMINISTRATIE SI MANAGEMENT PUBLIC 1, no. 35 (November 27, 2020): 21–39. http://dx.doi.org/10.24818/amp/2020.35-02.
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At present, public procurement processes and their efficiency represent one of the key determinants of public finance system. Many countries of the European Union work intensively on reforming public procurement processes. The main aim of public procurement is to create an open competition in order to achieve the most efficient use of public funds. The Slovak hospitals, that have been inefficiently managed in the long run, are the weakest segment of the healthcare system. Also, the public hospitals continue to generate substantial losses even if many reforms had been implemented to increase cost efficiency. However, medical debt consolidation did not help the hospitals to set optimal functioning of the economic processes in order to improve their management permanently. The primary aim of the study is to examine an impact of selected determinants on an efficiency of public procurement processes in the healthcare system of the Slovak Republic during the 2014 – 2017. The data were obtained from the registers of the Public Procurement Office of the Slovak Republic. The multinomial logistic regression was used to determine the following findings: in case of zero, or positive savings, the number of offers, year of public procurement, type of public procurement procedure, NUTS level of procurement and participation of a subcontractor in procurement process are significant categorical variables. The study results enable a creation of multi-dimensional analyses and support models in order to make effective public procurement processes in the healthcare system. Similarly, these results enable to create comparative benchmarking analyses, and may lead to a creation of new agencies and institutions.
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Zavadska, Anhelina. "Legal tendencies of startup regulation in the EU." Law and innovations, no. 3 (35) (September 21, 2021): 112–18. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-15.
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Problem setting. The development of information and communication technologies, digitalization of society, the transition of consumers to the sphere of electronic interaction with the seller of goods, services, works causes the need for legal support for the effective development of innovative sectors of the economy. At the same time, first of all, it is necessary to take into account the needs of innovative newly created business entities - startups, the legal nature and specifics of which do not have a common understanding in Ukraine and abroad. At the same time, startups are the main "consumers" of grant proposals and contribute to attracting additional investment, including foreign, in the economies of individual countries. That is why the European Union (hereinafter - the EU) in its policy in 2021 has set a course to maximize the incentive to establish startups in the EU as people already living in Member States and immigrants from third countries, because it is from the level of innovative entrepreneurship depends on the economic stability and potential of the future of the state. Analysis of resent researches and publications. Recent research and publications on the subject. Scientists such as S. Blank, J. Guzman., S. Stern., S. Glibko, K. A. Karbovska, TV Kotyai, L. Gulyaeva, L. Zhuk and others. The target of research is to conduct a comprehensive analysis of legal trends in the development of startups in the EU and compliance with these trends in regulations and law enforcement practices of Ukraine. Article’s main body. Today in the EU the signing of the Declaration "Startup Nations Standard" is in the final stage. By analyzing the content of this Declaration, at an early stage of development of startups it is possible to identify the following vectors of development of legal regulation of EU countries: 1) fast state registration of the startup (as a general rule - 1 day, however, in exceptional cases related to the need for additional checks - no more than a week); 2) the cost of administrative services related to registration may not exceed 100 EUR. 3) availability of effective support services for startup founders; 4) the existence of a single web portal, which has all the relevant legal information on the registration procedure, administrative fees and funding opportunities; 5) availability of electronic support system, including from other EU countries; 6) recognition of legal documents of other EU countries as confirmation of startup registration. The same Declaration provides for cooperation with non-EU countries, which includes, on the one hand, an accelerated procedure, visa issuance for persons planning to register a startup in an EU member state, which can be achieved by having a startup partner from the state. EU, or the presence of such a founder of relevant experience in conducting innovative business, and on the other - to encourage the return to the EU of startups whose founders emigrated to other countries. In addition, it is declared to reduce the tax burden and simplify administrative procedures, in order to implement the guiding principle of supporting EU business - "Think Small First". As of March 2021, the Declaration of Startup Nations Standard has been signed by 24 EU member states and only 3 countries are refraining from signing: Hungary, Bulgaria and Croatia. Conclusions and prospects of the development. The leading trends in the development of EU legislation are to simplify the procedure and "reduce" the cost of state registration of startups, digitalization of communication between their founders and government agencies, promoting a single web portal that takes into account all relevant information necessary for registration and operation of startups. about available administrative services, their cost, term of granting, actual grant offers and means of state support, etc.). Compared to the analyzed EU member states, Ukraine generally meets the requirements of the Declaration "Startup Nations Standard" on the speed and cost of state registration of startups, as well as the publication of relevant information for founders on the list of required documents and details of services. At the same time, information support for startups needs to be improved in terms of the functioning of a single web portal with up-to-date data on the opportunities for startups to receive support and other legal information necessary for their activities.
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Zavadska, Anhelina. "Legal tendencies of startup regulation in the EU." Law and innovations, no. 3 (35) (September 21, 2021): 112–18. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-15.
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Problem setting. The development of information and communication technologies, digitalization of society, the transition of consumers to the sphere of electronic interaction with the seller of goods, services, works causes the need for legal support for the effective development of innovative sectors of the economy. At the same time, first of all, it is necessary to take into account the needs of innovative newly created business entities - startups, the legal nature and specifics of which do not have a common understanding in Ukraine and abroad. At the same time, startups are the main "consumers" of grant proposals and contribute to attracting additional investment, including foreign, in the economies of individual countries. That is why the European Union (hereinafter - the EU) in its policy in 2021 has set a course to maximize the incentive to establish startups in the EU as people already living in Member States and immigrants from third countries, because it is from the level of innovative entrepreneurship depends on the economic stability and potential of the future of the state. Analysis of resent researches and publications. Recent research and publications on the subject. Scientists such as S. Blank, J. Guzman., S. Stern., S. Glibko, K. A. Karbovska, TV Kotyai, L. Gulyaeva, L. Zhuk and others. The target of research is to conduct a comprehensive analysis of legal trends in the development of startups in the EU and compliance with these trends in regulations and law enforcement practices of Ukraine. Article’s main body. Today in the EU the signing of the Declaration "Startup Nations Standard" is in the final stage. By analyzing the content of this Declaration, at an early stage of development of startups it is possible to identify the following vectors of development of legal regulation of EU countries: 1) fast state registration of the startup (as a general rule - 1 day, however, in exceptional cases related to the need for additional checks - no more than a week); 2) the cost of administrative services related to registration may not exceed 100 EUR. 3) availability of effective support services for startup founders; 4) the existence of a single web portal, which has all the relevant legal information on the registration procedure, administrative fees and funding opportunities; 5) availability of electronic support system, including from other EU countries; 6) recognition of legal documents of other EU countries as confirmation of startup registration. The same Declaration provides for cooperation with non-EU countries, which includes, on the one hand, an accelerated procedure, visa issuance for persons planning to register a startup in an EU member state, which can be achieved by having a startup partner from the state. EU, or the presence of such a founder of relevant experience in conducting innovative business, and on the other - to encourage the return to the EU of startups whose founders emigrated to other countries. In addition, it is declared to reduce the tax burden and simplify administrative procedures, in order to implement the guiding principle of supporting EU business - "Think Small First". As of March 2021, the Declaration of Startup Nations Standard has been signed by 24 EU member states and only 3 countries are refraining from signing: Hungary, Bulgaria and Croatia. Conclusions and prospects of the development. The leading trends in the development of EU legislation are to simplify the procedure and "reduce" the cost of state registration of startups, digitalization of communication between their founders and government agencies, promoting a single web portal that takes into account all relevant information necessary for registration and operation of startups. about available administrative services, their cost, term of granting, actual grant offers and means of state support, etc.). Compared to the analyzed EU member states, Ukraine generally meets the requirements of the Declaration "Startup Nations Standard" on the speed and cost of state registration of startups, as well as the publication of relevant information for founders on the list of required documents and details of services. At the same time, information support for startups needs to be improved in terms of the functioning of a single web portal with up-to-date data on the opportunities for startups to receive support and other legal information necessary for their activities.
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Themessl, Matthias, Katharina Enigl, Stefan Reisenhofer, Judith Köberl, Dominik Kortschak, Steffen Reichel, Marc Ostermann, et al. "Collection, Standardization and Attribution of Robust Disaster Event Information—A Demonstrator of a National Event-Based Loss and Damage Database in Austria." Geosciences 12, no. 8 (July 22, 2022): 283. http://dx.doi.org/10.3390/geosciences12080283.
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Loss and damage databases are essential tools within the disaster risk management cycle for making informed decisions. However, even in data-rich countries such as Austria, no consistent and curated multi-hazard database is available. Based on the requirements of the United Nations, the European Union, as well as on national demands to deal with disaster impacts, we conceived and set up a demonstrator for a consistent multi-hazard national event-based loss and damage database that addresses event identification, loss accounting and disaster forensics according to international standards. We built our database on already existing data from administration and federal agencies and formulated a process to combine those data in a synergetic way. Furthermore, we tested how earth observation and weather data could help to derive more robust disaster event information. Our demonstrator focuses on two Austrian federal provinces, three hazard types—floods, storms and mass movements—and the period between 2005 and 2018. By analyzing over 140.000 single event descriptions, we conclude that—despite some limitations in retrospective data harmonization—the implementation of a curated event-based national loss and damage database is feasible and adds significant value compared to the usage of single national datasets or existing international databases such as EM-DAT or the Risk Data Hub. With our demonstrator, we are able to support the national risk assessment, the national Sendai Monitoring and federal disaster risk management with the provision of best possible harmonized loss and damage information, tailored indicators and statistics as well as hazard impact maps on the municipality scale.
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IEFYMENKO, Tetiana, Yurij IVANOV, and Vlada KARPOVA. "Differentiated VAT rates in Ukraine: problems and directions of solution." Naukovi pratsi NDFI 2021, no. 1 (June 24, 2021): 5–21. http://dx.doi.org/10.33763/npndfi2021.01.005.
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In the context of the economic crisis, it is important to ensure a steady flow of taxes to the budget and at the same time support domestic producers. There is a negative trend towards a decrease in VAT revenues for goods and services produced in Ukraine. This leads to a fall in GDP and a deterioration of the economy in Ukraine. Therefore, it is necessary to identify existing problems of administrating VAT in Ukraine and suggest ways of their solving. The purpose of the article is to study the problems of administrating VAT in Ukraine, which are associated with the application of differentiated VAT rates and to develop recommendations for their solution. The article uses qualitative research methods to describe the existing problems in VAT administration. Quantitative methods are used to analyze VAT revenues. The study identified four problems in VAT administration. The first problem is the lack of harmonization of norms on the application of reduced VAT rates in Ukraine with the legislation of the European Union (EU). It is proposed to analyze the potential consequences that may lead to an expansion of the range of transactions for which reduced VAT rates are applied in Ukraine in line with Directive № 112. The second problem is the lack of tools in the Ukrainian legislation that ensure the reduction of prices for the relevant product (service) by the supplier when reduced tax rates are introduced. It is proposed to analyze the price regulation tools used in the practice of EU countries and determine the feasibility of their use in Ukraine, taking into account the current regulatory framework for price regulation. The third problem is the growth of the tax burden on processing enterprises with the introduction of reduced VAT rates in Ukraine. It is proposed to analyze the feasibility of extending reduced VAT rates not only to primary products, but also to the relevant processing companies that use these products, based on the practice of EU countries. The fourth problem is ambiguities in rules for applying a reduced VAT rate to the hotel business. It is proposed to clearly define which services are subject to the reduced rate, whether the reduced rate is applied to catering services or to other hotel services, as provided for in some EU countries. In addition, it is necessary to clearly define the range of persons who can apply a reduced VAT rate to hotel services and also include natural persons-entrepreneurs, travel agencies and tour operators who are VAT payers. The proposals set out in the article should be discussed with scientists, specialists, representatives of the business community and the public. Based on the results of the disputes, it is advisable to develop specific recommendations for making appropriate changes to the Tax Code of Ukraine. This will be the direction of further research.
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PELZMAN, JOSEPH. "THE SPILLOVER EFFECTS OF THE RE-IMPOSED UNITED STATES SANCTIONS ON IRAN ON MENA, THE PRC, RUSSIA, AND TURKEY." Global Economy Journal 20, no. 01 (March 2020): 2050003. http://dx.doi.org/10.1142/s2194565920500037.
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Iran has faced US sanctions in one form or another since its invasion of the US Embassy in Iran in 1979. The 2007-08 period marked the initiation of heightened international sanctions on Iran imposed by the UN Security Council in reaction to Iran’s nuclear program. These sanctions were tightened in 2010, when the UN Security Council, the US Congress, and the European Union all implemented separate sets of sanctions targeting either the Iranian nuclear program or the energy and banking sectors. Under the Obama Administration the Joint Plan of Action (JPOA) was signed in late 2013 and within months the United States and the EU took steps to waive specific sanctions. In 2015 the Joint Comprehensive Plan of Action (JCPOA) was signed, which lifted nuclear-related sanctions by the UN, EU and US. The Trump Administration on May 8, 2018 announced the US withdrawal from the JCPOA and directed federal agencies to begin to take steps to re-impose the sanctions established under U.S. law that were lifted or waived in order for the United States to meet its commitments in the JCPOA. On November 5, 2018, all pre-JCPOA - U.S. sanctions on foreign firms that conduct transactions in all of Iran’s core economic sectors, including energy, banking, shipping, and manufacturing, went back into effect. These include sanctions on “petroleum-related transactions” and transactions by foreign banks with Iran’s Central Bank. In addition,700 Iranian and third country entities have again been designated by the United States as sanctioned entities, meaning that foreign firms that transact business with these entities could face virtual exclusion from the U.S. economy. With the re-imposition of sanctions on Iran, in 2018, the US finds itself as a lone player in a world where the EU, the PRC, Russia and a group of MENA countries have no intentions to comply with these re-imposed sanctions. The purpose of this paper, consequently, is to assess the spillover effects which can be expected to result from the US re-imposition of Iran sanctions on relevant MENA countries, the PRC, Russia and Turkey.
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Egeberg, Morten, Åse Gornitzka, and Jarle Trondal. "Merit-based recruitment boosts good governance: how do European Union agencies recruit their personnel?" International Review of Administrative Sciences 85, no. 2 (June 21, 2017): 247–63. http://dx.doi.org/10.1177/0020852317691342.
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Studies show that public administrations that practise merit-based recruitment of their personnel are significantly less marked by corruption than administrations that do not recruit in this manner. While we know a lot about how EU member states score with regard to the degree of merit-based recruitment within their administrations, and also how the European Commission administration performs in this respect, recruitment practices within the increasing number of European Union regulatory (decentralized) agencies seem to remain a white spot in the literature so far. In this article, we make a first step in mapping recruitment practices within the secretariats of such agencies. We also investigate if it matters whether a European Union agency is located in a country marked by a non-meritocratic administrative culture or not. The article shows that European Union agencies seem to overwhelmingly apply meritocratic instruments when hiring people, regardless of their location. Points for practitioners This article argues and shows that recruitment based on merit enhances good and non-corrupt governance. The case in point is European Union agencies. The data presented illuminate that these agencies generally apply meritocratic instruments when hiring administrative staff. The study also shows that recruitment practices are not affected by the geographical location of European Union agencies. These agencies tend to practise the common merit-based European Union standards regardless of their location since agencies are components of the European Union administration.
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de Lucia, Luca. "A Microphysics of European Administrative Law: Administrative Remedies in the EU after Lisbon." European Public Law 20, Issue 2 (June 1, 2014): 277–307. http://dx.doi.org/10.54648/euro2014020.
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This article aims to offer a view of the principal administrative remedies toward the European administration and to illustrate the effect that the Lisbon Treaty has on these. In particular, three types of administrative remedies governed by secondary laws are presented: those relating to internal review, those decided by independent commissions instituted within European agencies and those involving the European Commission against acts of European agencies. Following this the relationship between administrative appeals and the regulation of certain executive acts of the European Union will be looked at in order to formulate some considerations on the role of such tools inside the 'European administrative justice' system.
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Krendyukov, Andriy. "Explorative analysis of expanded access for intermediate-size and larger patient populations." Journal of Clinical Oncology 38, no. 15_suppl (May 20, 2020): e19070-e19070. http://dx.doi.org/10.1200/jco.2020.38.15_suppl.e19070.
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e19070 Background: Cancer is a major public health problem worldwide and is the second leading cause of death in the USA. While continuous efforts are being made by the US Food and Drug Administration to bring more new oncology products (NOP) to patients, there is a high unmet medical need for oncology patients to get access to care, and in particular access to NOP outside of clinical trials before the NOP is approved or commercialized. To improve access to NOP, several pathways are endorsed by competent authorities including: early dialogue with regulatory agencies; accelerated assessments; conditional marketing authorization; and early access provision, known as expanded access (EA) in the USA and compassionate use (CU) in the EU. Methods: A literature search and explorative analysis of available EA data from Center for Drug Evaluation and Research (CDER) and Center for Biologics Evaluation and Research (CBER) relating to submission and approval of existing or investigational new drugs (IND) was performed for individual (single) patient emergency and non-emergency IND (IPIND), intermediate size IND (ISIND), and treatment IND (TIND). The findings were compared to centralized CU programs. The analysis was primarily focused on understanding the current landscape of EA for patient groups compared with individual patient categories. Results: Based on available CDER and CBER data submissions for ISIND and TIND categories were dramatically low compared with IPIND and total applications for EA: 1.25% (ISIND) and 0.13% (TIND) out of 1,598 EA applications received in 2018; and respectively 2.7% and 0.11% out of 1,741 EA applications in 2017; 2.6% and 0.24% out of 1,634 EA applications in 2016; 3.6% and 0.15% out of 1,328 EA applications in 2015; and 2.8% and 0.05% out of 1,886 EA applications in 2014. A high approval rate was reported for all three EA categories, and in particular approval of 95% (174 out 183) for ISIND and 100% (1 application) for TIND by CDER, and approval of 89% (24 out of 27) for ISIND and 80% (8 out of 10) for TIND by CBER. No applications for CU were reported by the European Medicines Agency for the same period of time, however several oncological products have been approved for CU in some European countries. Conclusions: Despite high approval rates, applications for ISIND and TIND remain low, especially in comparison to IPIND. In the absence of, or limited, alternative treatments, access provision to patient groups such as ISIND and TIND in the USA, and CU in the European Union, might represent an underutilized opportunity for oncological patients to obtain early access to care.
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Grodin, Edward. "An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union." Perspectives on Federalism 7, no. 2 (November 1, 2015): 56–84. http://dx.doi.org/10.1515/pof-2015-0010.
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Abstract This article analyzes the degree of convergence between the United States and the European Union regarding the structural role of administrative agencies. As will be argued, the United States and European Union have arrived at the same broad conclusion about a “nondelegation doctrine”: delegations to administrative agencies should be permitted so long as some limiting principle governs the exercise of that power and allows for sufficient judicial review. However, the Supreme Court has taken a more permissive approach than the Court of Justice in defining the limiting principle. The United States has loosened the reins for the sake of modern administration while the European Union has maintained a firmer grip to keep better control over the Europeanization project. Stated another way, the nondelegation doctrine is simply a reflection of the systems’ relative levels of integration. Thus, the nondelegation doctrine will be stretched in Europe as functional regulatory demands arise from wider and deeper integration. At the same time, the focus will be redirected from substantive limits to procedural controls; accordingly, this Note advocates for a European Administrative Procedure Act.
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Hofmann, Herwig C. H. "Agency Design in the European Union." Windsor Yearbook of Access to Justice 28, no. 2 (October 1, 2010): 309. http://dx.doi.org/10.22329/wyaj.v28i2.4501.
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This article gives a brief overview of the main features, functions and future perspectives of agencies in the European Union [EU]. It highlights the specific notion of the EU’s highly integrated, multi-level legal system as an explanatory factor for the specificities of agency design. The article looks at agencies in the EU through the lens of the structural and procedural arrangements for their independence and their accountability. The article comes to the conclusion that, generally speaking, accountability and independence are defined by and adapted to the position of an agency within the structure of administrative networks implementing EU law and policy. Their raison d’être is usually to coordinate Member State implementing activities rather than taking on these responsibilities themselves.Cet article présente un bref aperçu des caractéristiques principales, des fonctions et des perspectives d’avenir d’agences au sein de l’Union Européenne [UE]. Il met en évidence la notion particulière que les spécificités de la façon dont les agences sont structurées s’expliquent par le fait que le système juridique de l’UE est hautement intégré et à niveaux multiples. L’article examine des agences de l’UE dans la perspective des arrangements structuraux et procéduraux en vue de leur indépendance et de leur obligation de rendre compte. L’article conclut que de façon générale l’obligation de rendre compte et l’indépendance sont définies par, et adaptées à, la position d’une agence dans le cadre des réseaux administratifs qui appliquent la loi et les politiques de l’EU. Leur raison d’être est généralement de coordonner les activités d’application des États Membres plutôt que d’être chargées elles-mêmes de ces responsabilités.
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TĂVALĂ, Florina. "FINANCING RELIGIOUS ORGANISATIONS IN EUROPEAN UNION." Jurnalul de Studii Juridice 15, no. 3-4 (December 20, 2020): 01–09. http://dx.doi.org/10.18662/jls/15.1-2/70.
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Serious scientific efforts have been made to construct a generally applicable system with a European perspective based on the individual national systems. These have, however, been met with objections on both a political and an administrative level, with countries insisting on the uniqueness of their own national or even regional models. The purpose of the following essay is, however, to determine the common systematic structures and to distinguish tools of financing so general that they need not be associated with Religious Societies only.
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Matisone, Anita, and Natalja Lace. "The Impact of Public Interventions on Self-Sustainable Venture Capital Market Development in Latvia from the Perspective of VC Fund Managers." Journal of Open Innovation: Technology, Market, and Complexity 6, no. 3 (July 24, 2020): 53. http://dx.doi.org/10.3390/joitmc6030053.
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This paper presents the results of a study on the impact of EU structural funds on the development of a self-sustainable venture capital (VC) market in Latvia from the perspective of VC fund managers. The study had two objectives. The first was to assess the contribution of European Union (EU) structural funds (SF) programmes toward the development of a self-sustainable VC industry in Latvia. The second was to identify ways by which the structural fund support could be better exploited for the development of the VC industry in Latvia. During three SF planning periods, the stated primary goal of the programmes to support high-growth SMEs was attained—to date, 294 VC investments have been made by publicly supported hybrid VC funds. During the 2004–2006 planning period, the first generation of professional VC fund managers in Latvia emerged in response to the opportunity to manage publicly supported hybrid VC funds. During the subsequent programmes, a high continuation rate by the established managers was observed. Nevertheless, Latvian VC fund managers are not yet capable of raising private funds and still encounter difficulties in attracting the necessary level of private capital for the publicly supported hybrid VC funds. The novelty of the study is the finding that improvements in the SF programme designs did not significantly decrease the impact of factors identified as limiting the success of the operations of VC managers. This suggests and confirms conclusions of other studies that argue that public policies aimed at creating healthy and supporting conditions for VC activity are necessary in addition to public financial support for VC funds. Regarding the next planning period, the suggestion regarding programme design is to continue with already started improvements: increasing the volume of funds, widening the geographic area eligible for investments, reducing restrictions on the types of financial instruments that may be used, lowering the administrative burden for VC fund managers and avoiding micromanagement of VC funds by governmental agency. The observation that the influence of investments in VC funds on the governmental agency’s responsible for VC investments financial statements may be partly responsible for the tendency to micromanage VC funds could be useful not only in Latvia but also in other countries.
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Winzen, Thomas, and Frank Schimmelfennig. "Explaining differentiation in European Union treaties." European Union Politics 17, no. 4 (July 8, 2016): 616–37. http://dx.doi.org/10.1177/1465116516640386.
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Since the early 1990s, European integration has become increasingly differentiated. Analysing the conditions under which member states make use of the opportunity to opt out of, or exclude other countries from, European integration, we argue that different explanations apply to treaty and accession negotiations, respectively. Threatening to block deeper integration, member states with strong national identities secure differentiations in treaty reform. In enlargement, in turn, old member states fear economic disadvantages and low administrative capacity and therefore impose differentiation on poor newcomers. Opt-outs from treaty revisions are limited to the area of core state powers, whereas they also occur in the market in the context of enlargement.
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Jakab, Radomír. "The Influence of EU Law on Public Administration in New Member States." Public Governance, Administration and Finances Law Review 5, no. 1 (2020): 48–61. http://dx.doi.org/10.53116/pgaflr.2020.1.3.
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The membership of Central and Eastern European countries in the European Union has influenced the development of almost all branches of law, including administrative law. The paper analyses the influence of European Union law on the fundamental object of interest of administrative law within new member states – on public administration and its laws. In this context, the influence on laws governing the organisation of public administration, laws governing the activities and tasks of public administration as well as laws governing processes in public administration will be assessed.
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Solum, Eva Merethe, Berit Viken, and Anne Lyberg. "First Year’s Work Experiences of Foreign Educated Nurses Coming to Norway From Other European Countries." SAGE Open Nursing 6 (January 2020): 237796082097000. http://dx.doi.org/10.1177/2377960820970003.
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Introduction Nurses educated in the European Union and European Economic Area are automatically given professional authorization to work in all member states, facilitating workforce mobility between countries. Along with many other European countries, Norway faces nursing shortages in healthcare. European Foreign Educated Nurses are often recruited to work in Norway by agencies or apply for work themselves. Aims To explore the experiences Foreign Educated Nurses from European Union and European Economic Area had with their preparation and orientation programs and their first year of work in Norwegian elderly care institutions Methods The study followed a qualitative explorative design. Nine open, dialogue-based, semi-structured interviews were conducted with Foreign Educated Nurses from Poland, Lithuania, Latvia, Iceland, and Spain. Data were analyzed using qualitative content analysis. Findings One main theme, struggling to adjust to professional competence standards, and four subthemes emerged from our data (1) deficiencies in preparation and orientation by recruitment agencies and institutions, (2) language skills and communication challenges at work, (3) cultural differences in the nursing role in clinical practice, and (4) social interactions at work. Conclusion More comprehensive preparation and orientation programs regarding language skills and local healthcare systems are needed. Foreign Educated Nurses make important contributions to the Norwegian healthcare work force, but the challenges brought to light in this study negatively affected their work conditions and can possibly threaten patient safety. More research is suggested to address the lack of collaboration between agencies, healthcare institutions, and other stakeholders in establishing professional standards and appropriate support for Foreign Educated Nurses from European Union and European Economic Area.
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Ott, Andrea. "EU Regulatory Agencies in EU External Relations: Trapped in a Legal Minefield Between European and International Law." European Foreign Affairs Review 13, Issue 4 (December 1, 2008): 515–40. http://dx.doi.org/10.54648/eerr2008038.
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This article is devoted to new institutional actors in EU external relations. The number of EU regulatory agencies has increased over the years. By fulfilling important administrative tasks in the European Union, these agencies actively participate in international relations with third–country agencies or international organizations in such fields as aviation, food safety or border control. However, their actions have not only to be analysed against the backdrop of the internal implications for the Union’s institutional balance and the principles of democracy and transparency but also for their consequences on EU external relations law. This contribution aims to categorize these actions of EU regulatory agencies and highlight that their international relations move in a legal minefield between European and international law.
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Čvorović, Dragana. "Suppression of organized crime and Serbia's accession to the European Union." Bezbednost, Beograd 64, no. 1 (2022): 5–32. http://dx.doi.org/10.5937/bezbednost2201005c.
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Fight against organized crime is a proactive, strategically oriented activity of all contemporary, democratic states, both nationally and at the international level. The set limits of more efficient suppression of the most serious crimes are the result of active reforms of national normative frameworks, ratified international documents, but also intensive professional cooperation between countries in the field of detecting, combating and prosecuting organized crime. Security threats, which are extremely high when it comes to organized crime, would be difficult to combat without adequate international cooperation between democratic states. One of the countries that actively participate in international cooperation, emphasizing cooperation with European agencies is Serbia. Namely, there is a justified question of the efficiency of Serbia's cooperation with European agencies in the suppression of organized crime, the harmonization of the national framework with the acquis communautare, which is the goal of research in this paper. In accordance with that, the author, through expert and critical analysis of normative solutions, results of practical application and valid theoretical views, analyses the subject matter from the following aspects: first, introductory considerations; second, the effectiveness of financial investigations and the Action Plan for Chapter 23; third, Serbia's cooperation with European agencies in combating organized crime and reforming the normative framework; fourth, concluding remarks.
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Koprić, Ivan, Polonca Kovač, and Anamarija Musa. "Agencies in Three South Eastern European Countries: Politics, Expertise and Law." NISPAcee Journal of Public Administration and Policy 5, no. 2 (December 1, 2012): 17–44. http://dx.doi.org/10.2478/v10110-012-0005-0.
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Abstract Agencies are an organisational form with regulatory, expert or executive tasks that may ensure better usage of expertise compared to traditional administrative organisations. However, there are certain unintentional effects of the agency model, which are more obvious in transitional countries. Coordination and policy coherence gaps may raise the question of political accountability, provoke robust political interventions, and undermine the level of autonomy and expertise, especially where a firm legal framework does not limit the influence of politics. Another problem is the effective legal control over agencies. Traditional, bureaucratic legal procedures of internal control and courts’ supervision in certain transition countries, like those researched in the paper (Slovenia, Croatia and Montenegro), are not fully suitable and effective for agencies, opening significant room for politicisation hidden behind expertise. The recent proliferation of agencies in those countries causes many new problems of public administration and enhances old ones. Interview-based research conducted in three countries in January 2012 has the purpose to establish the main problems and issues in the functioning of agencies, especially with regard to the legal aspect of agency and politics / policy relations. Basic findings confirm the hypothesis that the agency model in those countries has not been stabilised yet. Professionalism, autonomy and expertise of the agencies are in a precarious position. The legal framework for agencies should be fine-tuned and strengthened, to ensure proper steering within the agency model.
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Grabevnik, M. V. "REGIONALIST LOBBYISM IN EUROPEAN UNION INSTITUTION." Вестник Пермского университета. Политология 15, no. 4 (2021): 63–74. http://dx.doi.org/10.17072/2218-1067-2021-4-63-74.
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The research subject is the representation of regionalist lobbying organizations in the European Union institutions. Based on the analysis of the Transparency Register Data author characterizes the structure of regionalist lobby in the institutions of the European Union. The analysis demonstrates that the regional and municipal authorities of European countries, with their formal status as lobbying groups in the institutions of the European Union, actually remain incapable of influencing the political decision-making process at the supranational level, while the dominant position among the regionalist lobbying groups is occupied by organizations representing of associations of regions. The dominance of associations as the main regionalist actors in European lobbying is due to the administrative conveniences of mediated communication, in which associations act as mediators between regional and European elements of multilevel governance.
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Hetman, Yevhen A., Viacheslav S. Politanskyі, and Kateryna O. Hetman. "Global experience in implementing electronic administrative services." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 79–87. http://dx.doi.org/10.37635/jnalsu.28(1).2021.79-87.
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One of the factors for the development of civil society in democratically developed countries is an effective, wellfunctioning institution for providing administrative electronic services. Despite the intensity and wide scope of research covering various aspects of providing electronic administrative services to the population, many issues in this area remain quite debatable, as well as understudied, which conditioned the relevance of the study. The study is aimed at investigating the specific features of implementing electronic administrative services in the practice of countries with the most developed e-government mechanisms. In the study of the problem, a set of general scientific and special methods of cognition was used, in particular, the leading methods were: dialectical, comparative legal, analysis, synthesis, interpretation. The study analysed criteria for evaluating electronic administrative services in the leading countries of the European Union and the United States. The study examines the basic electronic administrative services for citizens in online mode provided in the countries of the European Commonwealth. The study examines the global experience of implementing electronic administrative services in such countries as: USA; France; Great Britain; Germany; Estonia and Sweden. The author’s approach to defining the concept of electronic administrative services is formulated, based on a personal interpretation of this concept from the standpoint of general theoretical analysis. It is concluded that one of the best ways to encourage the provision of administrative services in electronic form in the countries of the European Union is to standardise their provision – the development of clear organisational and technical-technological rules and requirements, and their main position is that the provision of services through electronic means of communication should complement, and not replace other communication channels
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POKATAIEVA, Olha V., Lesia A. SAVCHENKO, Oleksandr M. BUKHANEVYCH, Anton O. MONAIENKO, and Olga P. GETMANETS. "Instruments of Financial Legal Policy in the Countries of the European Union." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1313. http://dx.doi.org/10.14505/jarle.v11.4(50).28.
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For the purpose of a more detailed analysis of the features of administrative regulation of fiscal policy, it is necessary to consider examples of fiscal regulation of business processes in individual foreign countries, as well as features of fiscal policy in the EU. For several decades in a row, the G7 countries – Great Britain, Italy, Germany, Canada, the USA, France, and Japan - determine world economic policy. Despite the periodic global economic crises, they are among the first to overcome their consequences and maintain a leading position in the global business environment. This happens due to a balanced fiscal regulation policy. Among their common features is that part of the GDP that they accumulate through leverage of fiscal regulation has a steady tendency for growth. Thus, over the past 40 years in France, this share has grown by 10.1%, and in Canada - by 10.9%. The paper shows that the theoretical basis of modern fiscal regulation in these countries is neo-conservatism, the basis of which is the importance of direct impact on production through targeted and large-scale tax cuts. The authors show that fiscal regulation in this case provides incentives for conservation and investment. Another important element is the reduction of government spending, mainly due to the implementation of targeted government programs. However, despite several common features, each country has certain features in the administrative and legal regulation of fiscal policy. The relevance of the study is determined by the fact that it is necessary to investigate these features in more detail through the lens the historical development of the administrative and legal regulation of fiscal policy in foreign countries.
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Bajakić, Ivana, and Veseljka Kos. "What Can We Learn About Regulatory Agencies and Regulated Parties from the Empirical Study of Judicial Review of Regulatory Agencies’ Decisions? The Case of Croatia." Central European Journal of Public Policy 10, no. 1 (May 1, 2016): 22–34. http://dx.doi.org/10.1515/cejpp-2016-0021.
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Abstract The purpose of this paper is to examine regulatory agencies and regulated parties in an empirical study of administrative disputes initiated against the decisions of regulatory agencies in Croatia. We first aim to provide an overview of the status and trend estimates regarding these disputes; second, to answer the question how well does the system work from the perspectives of both the plaintiffs and the regulatory agencies; third, to identify the problem areas and to compare these with problem areas identified by the authors studying the broader area of administrative judiciary in Croatia, and finally to compare efficiency level of regulatory agencies to other public authorities in confirming the legality of their decisions and actions. Data on all administrative disputes against 12 Croatian regulatory agencies’ decisions in the 17-year period between 1995 and 2011 are used to identify the main characteristics and trends relating to these disputes. Data for 2012 to 2013 was also examined to identify initial changes and emerging trends in the new administrative judiciary system resulting from fundamental legal reform as part of Croatia’s process of accession to the European Union in 2013. The results show these administrative disputes to be often costly and timely with modest outcome for the plaintiff and impressive success rate for the most of regulatory agencies.
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Banta, David, Finn Børlum Kristensen, and Egon Jonsson. "A history of health technology assessment at the European level." International Journal of Technology Assessment in Health Care 25, S1 (July 2009): 68–73. http://dx.doi.org/10.1017/s0266462309090448.
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This study summarizes the experience with health technology assessment (HTA) at the European level. Geographically, Europe includes approximately fifty countries with a total of approximately 730 million people. Politically, twenty-seven of these countries (500 million people) have come together in the European Union. The executive branch of the European Union is named the European Commission, which supports several activities, including research, all over Europe and in many other parts of the world. The European Commission has promoted HTA by several policy positions and has funded a series of projects aimed at strengthening HTA in Europe. Around fifteen of the European countries now have formal national programs on HTA and some also have regional public programs. All countries that are members of the European Union and do not have a national approach to HTA have an interest in becoming more involved. The HTA projects sponsored by the European Commission have focused on networking and collaboration among established agencies and institutions for HTA, however, also on capacity building, support, and facilitation in creating mechanisms for HTA in European countries that still do not have any program in the field.
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Malaj, Emi. "European Integration, Economy and Corruption in the Western Balkans." European Journal of Economics and Business Studies 6, no. 2 (August 15, 2020): 48. http://dx.doi.org/10.26417/517utm22z.
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The European Union countries and institutions have constantly contributed to the European integration process of the Western Balkan countries. Albania, Serbia, Montenegro and the Republic of North Macedonia are official candidates for EU membership. Chapters and accession negotiations have been opened with Montenegro and Serbia, whereas Kosovo and Bosnia and Herzegovina are potential candidate countries. Poverty, unemployment and corruption are probably the most common problems that Western Balkan citizens face. Corruption, in itself, does not lead to poverty, but it stimulate poverty through indirect channels by affecting economic, social, political and administrative conditions. Both, the enhancement of business climate for private investors, and a higher level of integration with the European Union will decrease unemployment and will boost economic growth. Authorities should follow concrete policies in order to encourage private sector investment, increase regional integration, and create new jobs. The future of the Western Balkans is in the European Union.
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Штефаніта, Анастасія Володимир. "TRANSITIONAL MECHANISMS OF LOCAL SELF-GOVERNMENT IN THE MEMBER STATES OF THE EUROPEAN UNION." Public management 29, no. 1 (May 24, 2022): 141–48. http://dx.doi.org/10.32689/2617-2224-2022-1(29)-20.
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The article aims to analyse the local autonomy in three groups of Member States of the European Union in transitional perspective. The examples of the Member States with experience and administrative tradition could inspire for concrete measures in strengthening local autonomy. At the same time, the states from the ex-socialist space represent a model in overcoming communist regimes and building the local layer and free organisation of the local public administration. In the same context, the particular development path of the Baltic countries become relevant. The experience of different categories of European countries highlights concrete lessons learned or valuable experience that can be treated as good examples for other countries in the region. The local autonomy development process in each country is influenced by certain factors, both internally and externally. For a comprehensive view in research elaboration were applied several scientific methods. The juridicallegal perspective of the topic was ensured due to exploring of legislative, normative and methodological materials regulating local autonomy and local public administration in the analysed countries. Comparative method was useful in terms of analysing the same countries of a certain European groups, but also between different groups. The bibliographic analysis supposed studying foreign scientific literature and the domestic sources. The actuality of the research topic relates to the importance of the local autonomy in the context of local development and the increasing significance of the local public administration. The European models and the lessons learned from their experience are absolutely relevant in the context of the transition systems in the region such as Eastern Partnership countries. In conclusion, the simplicity of the local administrative system in terms of one layer of local administration, allows for a transparent and direct implementation of functional autonomy, as is the case of the Baltic countries. For ex-socialist states concrete reforms and fast measures had worked efficiently. The European countries with administrative tradition apply a hybrid style of local autonomy, regionalisation becoming an increasingly widespread practice.
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Haydanka, Yevheniy. "DECENTRALIZATION IN SLOVAKIA: PERSPECTIVES FROM THE TRNAVA REGION." Economic Profile 16, no. 1(21) (July 16, 2021): 116–23. http://dx.doi.org/10.52244/ep.2021.21.12.
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Decentralization is the priority reform in the post-socialist countries of Central Europe. Slovakia’s accession to the European Union has accelerated decentralization, which is being implemented at the political, fiscal and administrative levels. Based on the example of the Trnava region, located in Western Slovakia, it was determined that administrative-territorial decentralization is prioritized in the region. Slovakia’s accession to the European Union and the political situation have little effect on decentralization, and municipal utilities improvements are still issues of concern in the region. The level of decentralization effectiveness in Slovakia is determined as 60–70%, and in the Trnava region – 70–80%.
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Cherkasov, A. I. "ADMINISTRATIVE CONTROL OVER THE ACTIVITIES OF LOCAL AUTHORITIES IN THE COUTRIES-MEMBERS OF THE EUROPEAN UNION." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 22, 2020): 163–69. http://dx.doi.org/10.17803/2311-5998.2020.68.4.163-169.
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The article deals with problems of administrative (state) control over the activities of local authorities in the countries — members of the European Union. The author stresses the importance of such control for securing the proper functioning of public bodies, including those at the local level. The signifi cance of administrative control is also determined by the commitment to the principle of equality and the maintenance of certain minimum standards of services rendered to the population irrespective of the place of living. Administrative control in the final result acts as a kind of a counterweight to those fairly broad rights that have been given to local communities in democratic countries. The state control over local government acquires additional importance also in the light of the increasing integration in the countries — members of the European Union, where sub-national authorities have to implement European legislation. The author reveals the mechanisms of such control and stresses the importance of observance of common democratic principles while performing it. Otherwise the implementation of state control prerogatives may be turned into the instrument of excessive centralization of power, the means of suppression of local initiative and municipal bodies’ autonomy.
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Davinić, Marko, and Vuk Cucić. "Europeanization of General Administrative Procedure in Serbia." Review of Central and East European Law 46, no. 2 (May 27, 2021): 153–78. http://dx.doi.org/10.1163/15730352-bja10045.
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Abstract Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies of European influence in the drafting process. Two main shortcomings thereof were the false deregulation and debureaucratization of gapa and the ‘one-size-fits-all’ approach applied in all the countries of the Western Balkan region, in spite of inherent differences in their legal systems. The purpose of the criticism given in the paper is to avoid the same issues in the future, during the process of harmonization of Serbian law with the acquis communautaire.