Volume XV, Issue 3 -4 /2017 (December)
E-ISSUE (Published: December 2017)
1. Public Policy Design and Implementation in Slovenia
Jernej Mencinger, Polonca Kovač, Tina Jukić, Mirko Vintar
Public policy design and implementation is a complex process, and so decision makers try to monitor all of the policy lifecycle stages in a particular policy domain. However, the question of coherent integration of various policy activities arises, including agenda-setting, ex-ante evaluation, formulation, decision-making, implementation, ex-post evaluation of individual policies, sector-specific ones, and even horizontal ones. Therefore, it is important to investigate and understand the reasons why an individual country, such as Slovenia, does not exploit all potential aspects of carrying out policy activities in a systematic and coherent manner. This article explores and analyzes Slovenian practice in policy design based on an in-depth empirical study among key public policyholders and decision makers. Furthermore, the authors identify the key success factors that facilitate or inhibit the development and progress of public policies, programs, and projects (PPPP) in Slovenia. The key findings indicate a particular lack of a professional policy unit to monitor the process holistically and the absence of ex-post evaluation. A need for a systemic solution in public policy design is established, which would merge different authorities’ efforts, epistemic communities, and the public in developing a structural multilevel model for good public governance.
2. Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe
This contextual paper tackles a rather under-researched topic of Council of Europe’s possible impact on national administrative law. It seeks to examine how one of its instruments – Recommendations of the Committee of Ministers of the Council of Europe – can influence national standards of administrative law and provide a systematic assessment of the diverse functions and manifestations such instruments might have in a national legal order. For these purposes, the constitutional basis of these recommendations and their main features are examined followed by a subsequent analysis of the perceived importance and various functions and implications they might have in the chosen national legal system. This paper concludes that the scope of the functions and implications these instruments are capable of having to national administrative law is wide, yet it is not without limitations.
3. Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance
Accountability is one of the fundamental principles of good governance, defined in various international documents. It is a broad term, which can include different levels of public administration performance, from organisation, relevant regulation, internal and external supervision, transparency to tort liability, etc. The paper focuses on procedural aspects, i.e. decision-making in administrative matters. The latter is usually regulated by an administrative procedure act, which can include among fundamental principles also the principle of accountability. However, other procedural guarantees, e.g. lawfulness, equality, impartiality, proportionality, legal certainty, taking action within a reasonable time, contribute to responsible decision-making as well. In case they are infringed, the state should recognise accountability and have in place an efficient control system providing parties with effective (legal) remedies (e.g. possibility to appeal to the line ministry; administrative inspection; judicial control; constitutional complaint, compensation, etc.). Yet, not every non-compliance (irregularity) leads to (tort) liability. Administrative authorities in fact enjoy a high level of independence. The paper provides an international overview of accountability and analyses the liability of the state as deriving from the Slovene domestic law and the levels of accountability when the efficiency of administrative procedures is under question. The methods used include normative analysis and analysis of the relevant case law.
4. Factors contributing to the Successful Implementation of Management Inovations
Zdravko Zekić, Mirjana Grčić Fabić, Luka Samaržija
The concept of management innovation as distinctive type of non-technological innovations is still in the early days of conceptual formation and confirmation. This paper aims to investigate the concept of management innovations in public sector organizations with an emphasis on identifying the impact of organizational factors on the successful implementation of management innovations. The aim of implementation of new management concepts and methods is to increase efficiency and effectiveness of public services. A research was conducted on a sample of local self-government units in Croatia using empirical methods. The obtained results confirm the set conceptual determinants of the management innovation term, as manifested through the influence of selected organizational factors. Accordingly, absorptive capacity and top management support, with the combined effects of implementation climate and innovation-values fit, have been identified as key factors to achieving successful implementation of management innovations. On the other hand, availability of significant financial resources was not found to be a significant factor for the effective implementation of this type of innovation. Research results suggest theoretical and practical implications for strengthening the effectiveness of local self-government.
5. Neutrality and the Dutch Objection Procedure
Marc Wever, Bert Marseille
In the Netherlands, if someone disagrees with an administrative order, he is only allowed to seek redress with the administrative courts after he has lodged an objection with the administrative authority responsible for the order. The objection procedure entails that an administrative body reconsiders its own decision. In this contribution we study the preference of objectors concerning the organization of the procedure and to what extent their preference is related to the perceived (lack of) neutrality of the person who conducted their hearing. In particular we focus on the effects of the use of neutral ‘outsiders’ when conducting hearings. Based on the literature we assumed that the use of outsiders would benefit the experienced impartiality of the person(s) conducting the hearing. The results of two discussed studies however do not support this assumption. The formal status of the persons conducting the hearing is a poor predictor of the extent to which they are perceived as neutral by participants of the procedure.
6. The Effects of Law Through Actions of Inspections
Regulated phenomena in changing environments are difficult to manage. Their complexity is many times higher that can usually be embraced in the conventional ways public administrations prepare draft statutes, adjudicate and control other people. The same or even more stands for inspections as public bodies that directly see “regulations in action”, how asymmetries between regulation and implementation arise. Inspection is in the context of executive tasks despite its age a relatively new and poorly understood element of regulatory policies. This paper claims that regulation and enforcement are two sides of the same coin: only “regulation-enforcement” (feed-in) and “enforcement-regulation” (feedback) are the “eyes and ears” of effective regulation. Without the latter, when rules are realistic and adequate for a given context, no amount of enforcement will make unrealistic rules work. At the same time, without the properly administrated enforcement steps, focused on the risk-analysis, risk-management (risk-based strategic planning), monitoring and sufficient resources, no amount of otherwise good regulation will provide expected results.
7. Analysis of the Relationship of Professionals towards the Vertical Equity of the Slovenian Tax System and Its Comparison with Croatia, Bosnia and Herzegovina and the USA
Jelena Klopčič, Maja Klun
Vertical equity states that taxpayers whose positions are not the same should be treated differently while taking into consideration all the relevant characteristics. The main purpose of using the vertical equity principle is to require the redistribution of income in a way that reduces the income inequality of the society. The presented research aims to check the opinion of Slovenian tax system professionals on the principle of vertical equity. Slovenian results have been compared to a similar analysis carried out in Croatia, and partly with survey results from Bosnia and Herzegovina and the United States of America. The results show that the professional public agrees with the principle of vertical equity in the implementation of tax systems. All of the compared countries are similarly favourable towards vertical equity. However, this is also affected by the current tax arrangements of the individual countries.
8. Reduced Consumption for Transport due to Population Ageing? An Analysis of Expenditures of Private Households in the European Union and Potential Implications for the Public Sector
Birgit Aigner-Walder, Thomas Döring
The paper focuses on potential effects of the ageing of the population on consumption expenditures of private households in the field of transport. Theoretical considerations as well as previous empirical results suggest that older households consume different goods and services than younger ones due to changing preferences and needs by increasing age. Possible consequences of these changes for goods and services in the transport sector are in focus. The expenditures of European households on transport based on the national household budget surveys of the 28 member countries of the European Union are analysed. The results suggest that expenditures in transport decrease at retirement age in all considered countries. Moreover, the structure of goods and services consumed in the transport sector changes over the life cycle of a private household, with implications for the public sector due to the ageing of the population to be expected.
9. The Effects of Public - Private Partnership Act on the Slovenian Public Utilities Providers
Veronika Petkovšek, Primož Pevcin
The paper presents the legal status of existing public enterprises in Slovenia before and after the adoption of Public-Private Partnership Act, that demanded the reorganization of existing public enterprises in the period 2007-2009. The paper also presents the analysis of local public utilities delivery mechanisms in Slovenia, focusing on the local public utilities providers in the field of water and waste management. The aim of the paper is to introduce the changes in the legal status of existing public enterprises, caused by new legislation and also to give an insight into the current state of local public utilities providers in the field of water and waste management. The results confirm the fact that public enterprise is the most common organizational form of local public utilities providers in the field of water and waste management and lead to conclusion that in the reorganization process the majority of existing public enterprises retained the status of a public enterprise.
10. Cooperation Between Public Research Organizations and the Industry in Slovenia in 2007–2013
Romana Pogorelec, Stanka Setnikar Cankar