Anamarija Musa

Local Government and Local Public Services in Croatia

In Croatia, the 1990s were the years of centralisation. The role of local government in the provision of public services was significantly weakened. Privatisation was connected with general transformation of the former ‘social’ ownership economy into market economy. In spite of being influenced by the new public management doctrine, the European Union’s liberalisation and privatisation policy, and efforts of the private sector, the Croatian public sector is still strong and able to provide a wide array of services to its citizens. Despite privatisation in many sectors (primary healthcare, telecommunications, waste management), vivid remnants of public esprit de corps exist. Thus, the role of the private sector in the provision of local services is developing gradually. There are no signs of re-municipalisation. The division of services between the state and the local government is still a more important issue than the potential failure of the private sector in the provision of quality local public services.

Croatia: The Transparency Landscape

Transparency, as the principle of the availability of information on the organisation, processes, and decision-making of public authorities, is becoming increasingly important in contemporary governance. It enables the functioning of democratic processes and the accountability mechanism, the exercise of individual rights, as well as the overall effectiveness of the public sector. Consequently, a satisfactory level of transparency and openness is beneficial for the functioning of democracy and public administration as well as for the individual and for community development. However, the necessity to convert political and administrative principles into legal form has stimulated a trend of adopting legislations on the right of access to information (RTI). The first contemporary RTI Law was adopted in the United States in 1966 (Freedom of Information Act), while currently more than 100 countries grant their citizens the RTI. The process was induced by the spreading democratisation and anti-corruption processes as well as by the diffusion of the good governance concept, with user-oriented public administration and an increased use of information technology (e-government). The content of the laws and the best examples of RTI provisions have been widely discussed and determined in various model laws. The recognised RTI standards include, among others, the principle of maximum disclosure, a broad scope of application (public administration, judiciary, legislature, public sector), the definition of information (any written or recorded data), a limited list of exceptions that are subjected to the public interest test, the flexibility of the procedure, as well as the right to appeal and sanctioning by independent institutions.

Agencies in Three South Eastern European Countries: Politics, Expertise and Law

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.

Regulatory Impact Assessment and Sub-national Governments

The Regulatory Impact Assessment (RIA) has been widely used as an instrument for the improvement of the quality of regulation. As part of regulatory policy at both national and the EU levels, the RIA is expected to improve the content of regulation and to open up the regulatory process, leading up to more effective rule-making. Addressing the lack of evaluation of the effects and the usage of the RIA at sub-national levels of government, which is both the source and the target of regulation, this chapter seeks to evaluate the most critical aspects of application of the RIA in general, and to evaluate the effects and the current application of the instrument at the sub-national (regional and local) level.

The perception of e-democracy and e-participation at the individual level: a Croatian example

Today, the ICT and the Internet tools offer citizens the opportunity to surpass the position of passive actors in the creation of new political and social systems, and become active participants who are able to propose new alternatives based on their opinions. Various available social media platforms are breaking down the barriers between citizens and government authorities, both at the central and local level, by overcoming traditional forms of interactions and giving opportunities to numerous and various categories of individuals and groups to be potentially involved in the political processes. In order to examine the perception and frequency of ICT and Internet use which enable citizens to be included in different processes of public and political activities, as well as the communication between public authorities and citizens and active involvement of citizens in decision-making processes, a survey was conducted on a representative sample of participants in the north-east part of Croatia. Research results show a very low level of the use of ICT and the Internet for the aforementioned purposes.