Polonca Kovač

Modernizing Administrative Procedural Law in Slovenia as a Driving Force of Efficient and Good Administration

Abstract The article presents the current organization and the past and potential development of administrative procedural law - particularly the General Administrative Procedure Act - in Slovenia from its independence in 1991 till 2011. The author critically evaluates the regulation of general and special administrative procedures in Slovenia in light of the insufficient overcoming of traditional patterns. Namely the regulation in place overprotects the rights of parties and rather neglects the efficiency of administrative procedures as a whole. The evaluations are supported by the development of the theory of governance, radical changes in society and the need for a shift in the understanding of state / authority in the system in Slovenia and other countries (e.g. Finland, Croatia or the USA). The Slovenian system is firstly analyzed using the historical method and later on, it is assessed in terms of the efficiency of administrative procedures as regulated and run in administrative and judicial practice by means of a SWOT analysis. Additionally, particular emphasis is put on the comparative analysis of the Slovenian system to internationally recognized principles in administrative matters, deriving from the experience of the ECHR, the EU Ombudsman code and EU member states, and theory. The main finding is that in comparison, the standardization of parties’ rights far exceeds basic rights of defense as framed in constitutional terms which in several ways diminishes the overall efficiency of administration. The author therefore proposes the basis for a multilevel model of governing administrative relations de lege ferenda, intended to regulate in more detail the procedural status of the parties on one side and simultaneously the pursuit of public interest on the other. Based on the latest scientific findings, the criteria for differentiation include: relevance of the subject, degree of conflictuality of interests, need for rationality and efficiency of administration, and the position of the authoritative body. The objective is to move administrative procedural law from the margins of modernization of the public administration as found in the development of the Slovenian system in the last two decades and to make it its driving force, instead.

Slovenia on the Path to Proactive Transparency

Access to information is guaranteed in Slovenia by the Freedom of Information Act adopted in 2003, which determines a broad scope of public information, the entities that are bound by law to disclose public information, including publicly owned companies, and ensures the right to information to any interested applicant. Furthermore, the reuse of information and proactive measures are regulated and implemented by the coordinating body, that is, the Ministry of Public Administration. The proceedings are conducted in compliance with the Administrative Procedure Act. The article addresses the respective provisions implemented in the practice of public bodies, the appeal procedures of the Information Commissioner, and the case law in Slovenia. Finally, an overall assessment is given based on normative analysis, a comparative review, statistical data, case studies, and in-depth interviews. The results reveal a rather high level of transparency; however, there is still an implementation gap.

Challenges of the Administrative Consultation Wiki Research Project as a Learning and Competences Development Method for MPA Students.

Administrative Consultation Wiki (ACW) is a project run under the auspices of the Faculty of Administration and the Ministry of Public Administration in Slovenia since 2009. A crucial component thereof is the involvement of students of Master of Public Administration (MPA) degree programs to offer them an opportunity to develop competences in relation to problem-based learning. ACW has been established as a research project to resolve complex problems in real administrative procedures’ practice. This article explores the results, hitherto missed opportunities and further challenges of MPA students’ integration in ACW as a learning method for MPA graduates, based on the analysis of their expectations and achievements in 2013 and with special regard to the development of Tuning generic competences. According to the results of the study, the ACW project can be considered a role model in terms of both content and methodology, necessary for work in PA practice, learning and research.

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.

The Management of Complaints in Slovene Public Administration

The Management of Complaints in Slovene Public Administration The Slovene public administration is part of the broader social system, therefore it must be responsive and proactive. The instrument of complaint in the administrative procedure, and wider in the context of the entire administrative management, is very helpful to public administration for tracking social changes and should therefore be seen as a form of constructive criticism. On the basis of user complaints regarding its services or the parties to the administrative procedure, the public administration must learn permanently and, as learning organisation, must incorporate its findings into future practice. The starting point of this contribution is the problems of the complaint in the narrow sense - customer dissatisfaction with the functioning of the public administration or arising from the fact that one of the characteristics of the administrative procedure or other services is the direct contact between the customer and the provider of the service. With this approach, the public administration will develop part of an integral system of quality and excellence that underlines the meaning of satisfaction of (all) the users of public services.

Legal Remedies in Exercising the Right to Information: A Comparative Overview

No right is fully guaranteed unless legal protection is provided. There must be a right of appeal to a court or an independent body that can issue binding final decisions, and a regulated appeal procedure. This is firmly acknowledged by many international organisations, such as the United Nations and the Council of Europe, or under regional charters. In this respect, legal remedies should be effective within the scope of the right in question, which in the case of the right(s) to information (RTI) presents some specifics.

Law and Public Administration and the Quest for Reconciliation

Dragos Kovac and Marseille address the long-lasting dichotomy of law and public administration (management), trying to make the case for a reconciliation of the two fields. On one hand, the law is an important discipline within the wider public administration domain, and therefore legal aspects should be an inevitable part of administrative science discourse. On the other hand, the empirical approaches to law promoted by public management clearly benefit the legitimacy of regulation. The chapter explains the history and achievements of the Law and Administration Group at EGPA and emphasizes the continuous need for such a venue, where public lawyers and public managers meet and work together for an interdisciplinary approach to public administration issues. It is the Study Group’s ambition to continue its endeavor of bridging the dialogue between managers and lawyers on common interest themes.

Development of Public Administration and Governance in Central and Eastern Europe: Content Analysis of The NISPAcee Journal

Abstract Public administration (PA) as a discipline and public governance as a closely related concept have been developing constantly and rather rapidly in recent years. A particularly lively progress is characteristic of Central and Eastern Europe (CEE), owing to its post-communist legacy and subsequent transition. This paper outlines the mainstream topics of PA development within The NISPAcee Journal, which covers the CEE region and beyond. The principal objective of the paper is to systematically and quantitatively codify a series of text documents that comprises 142 articles published between 2008 and 2016 in The NISPAcee Journal, in order to identify the characteristics of PA development in the region. The paper investigates three hypotheses: first, whether the quality of the articles changed throughout 2008 – 2016; second, whether The NISPAcee Journal attests a multidisciplinary orientation in terms of scientific contributions from different disciplines, and third, whether The NISPAcee Journal reflects the West-East knowledge transfer among PA academia. The three hypotheses were tested against seven analytical dimensions. The research findings reveal that governance is the prevailing cognitive paradigmatic approach of The NISPAcee Journal. Europeanisation is the common thread of almost all articles, with a particular emphasis on the ideological elements of the Neo-Weberian and New Public Management doctrines. Qualitative methodology is still the prevailing research method, and the occurrence of mixed methodology is rare. The topical orientation of the analysed manuscripts is very diverse. A considerable emphasis is placed on the analysis and development of PA as a discipline. The majority of researchers originate from CEE countries and focus their studies on Eastern Europe, the Balkans, and the Caucasus. Scientific partnership between the Eastern and the Western academic worlds is still scarce. Given the low level of exchange of best academic practices between Western and Eastern Europe, research results indicate the need for an increased internationalisation of the NISPAcee Journal and a more holistic approach to tackle the future challenges of global and regional PA and public governance more adequately.

From the Editors: The Story of a Data-Driven Comparative Legal Research Project on FOIA Implementation in Europe

Transparency and freedom of information is a topic that most think they know about, but in reality, it has multiple facets that cannot be gauged so easily. There are many publications giving account of the way access to public information is regulated, but not as many investigate, the way FOIA actually works in practice.

Openness and Transparency in (Slovene) Administrative Procedures as Fundamental European Principles

Abstract Openness and transparency are general administrative principles, closely related to lawfulness, accountability, responsiveness, participation and other elements of good administration. Despite their long existence in theory and legal documents, both at the European and national levels, the content and the relation of and among the respective principles is blurred. This applies even in single-case administrative procedures through the classic rights of defense, such as the right to access to information or the right to be heard. The paper explores these dimensions based on comparative analyses of the EU Charter, the OECD principles on good administration and governance and the Slovene law on administrative procedures, proving compliance between Slovene and European regulation. Furthermore, a consistent definition is proposed. Transparency is thus understood as parallel to participation. Both are seen as subcategories of openness which, as the sum of the rights of defense, is based on lawfulness and leads to accountability and ethics. However, as revealed by an empirical survey in 2015, the Slovene public administration sees these issues in a rather formal way. Finally, suggestions are made for future legislation and its implementation in terms of open and good administration.