Cultures of Administrative Law in Europe: From Weberian Bureaucracy to ‘Law and Economics’

Mathis, Klaus

doi:10.5771/9783845263632-155

Cited by 5 publications

(7 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…If, for example, only the legal aspect prevails, there can be excessive formalism and staticity instead of responsiveness to social dynamism. If only the economic or managerial aspect prevails, the focus is on private business while the special importance of the public interest and of the ethos is underestimated; if only the political aspect prevails, legal certainty and the traditional legal determinateness of the administration in (Central) Europe are overlooked (Mathis 2014;Carausan 2016). Thus, in economic terms, effectiveness-as the achievement of set goals (public policies)-is distinguished from efficiency in terms of the management of (public and other) resources to achieve these goals, while in terms of political science and law, efficiency is generally understood more broadly (Sever et al 2020).…”

Section: Relevance Of Proportional and Efficient Legal Regulation Of Administrative Relations And Proceduresmentioning

confidence: 99%

“…The function of the GAPA as a lex generalis is both integrative and anti-fragmentary (Hofmann et al 2014;Mathis 2014), as it implies the harmonization of minimum standards of administrative relations and unites the otherwise dispersed sector-specific laws and regulations concerning individual, issue-specific rules (e.g., access to public information). This also applies to various public administration bodies regardless of the level and area of governance (e.g., state ministries and local units, social institutions, tax administration).…”

Section: Characteristics Of Administrative Procedures With Public Interest Priority and The Gapa As Lex Generalismentioning

confidence: 99%

“…Usually, sector-specific law is characterized by greater topicality, although this is also a disadvantage leading to relatively frequent modifications and the unpredictability of relations. Furthermore, there are shortcomings in the relation between national legal order and the acquis communautaire, both at the normative level by disregarding national differences and at the functional level by sticking to the status quo (Mathis 2014;Hofmann et al 2014). Both regimes-the codification of the general administrative procedure and the procedural specifics expressed in sector-specific legislation-are thus necessarily complementary for the achievement of different societal benefits.…”

Section: Characteristics Of Administrative Procedures With Public Interest Priority and The Gapa As Lex Generalismentioning

confidence: 99%

“…Namely, procedural regulation increasingly prevails in modern administrative relations due to the limited determinateness of substantive law. However, even in the case of procedural laws, it is necessary to distinguish between the role, content, and limitations of umbrella laws in respect to sector-specific legislation (Mathis 2014;Kovač 2016).…”

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

Debureaucratization Limits in Administrative Procedures Codification: Lessons from Slovenia

Kovač

2020

Administrative Sciences

View full text Add to dashboard Cite

This article explores bureaucratization and its boundaries in the framework of cutting red tape in the regulation of administrative procedures. Law is not an end in itself but should contribute to predictable and thus better relations in society. In this sense, the priority protection of public interest—which is characteristic of administrative relations between individual holders of rights and obligations and administrative bodies—presents certain limitations to simplification. Through qualitative research methods (dogmatic, normative, and comparative methods, as well as case studies), this article examines examples of debureaucratization in Slovenia provided by the amendments to the General Administrative Procedure Act. In most cases, e.g., in waiving the right to appeal or broad fiction of service, modifications were not appropriate since constitutional guarantees cannot be subject to “debureaucratization”. However, crises such as the COVID-19 pandemic call for even greater simplification. The approach to address bureaucratization as an obstacle to the economy should therefore be holistic and proportionate. Debureaucratization should be implemented in individual administrative areas rather than by an umbrella law that ensures fundamental administrative principles, and through process optimization rather than deregulation. The results of the analysis are useful for comparable, particularly Central European countries.

show abstract

Section: Relevance Of Proportional and Efficient Legal Regulation Of Administrative Relations And Proceduresmentioning

confidence: 99%

Section: Characteristics Of Administrative Procedures With Public Interest Priority and The Gapa As Lex Generalismentioning

confidence: 99%

Section: Characteristics Of Administrative Procedures With Public Interest Priority and The Gapa As Lex Generalismentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Debureaucratization Limits in Administrative Procedures Codification: Lessons from Slovenia

Kovač

2020

Administrative Sciences

View full text Add to dashboard Cite

show abstract

“…Consequently, alternative governance models have been proposed in recent decades aiming to enable better utilisation of public administration employees' potential and a better response to the challenges of modern society (Bach and Bordogna, 2011;Mathis, 2014). Great Britain and New Zealand were pioneers of this movement called New Public Management (NPM), which later spread to many other countries.…”

Section: Introductionmentioning

confidence: 99%

Public Sector Reform from the Post-New Public Management Perspective: Review and Bibliometric Analysis

Ropret

Aristovnik

2019

CEPAR

View full text Add to dashboard Cite

The aim of this article is to evaluate the impact of public sector reform on academic literature from the post-NPM perspective. There have been several investigations into post-NPM public governance models and their impact on public sector reform. Yet, the research problem faced when analysing post-NPM literature is the lack of studies examining the multitude of possible public governance models (PGM) with sufficient comprehensiveness, especially in Central and Eastern European (CEE) states. In order to effectively address the research problem, a bibliometric analysis was performed, following three objectives: (i) an investigation into the evolution of PGM literature, (ii) identification of the core publications and authors based on publication frequency, and (iii) a citation network analysis (a historiograph), indicating the relations among the most-cited publications. It involved the identification of 16,374 publications in the Web of Science database, narrowed down to the 100 most cited between 1994 and 2017, and the application of the HistCite bibliometric analysis software, covering descriptive statistics, bibliometric indicators, and historiographic citation analysis. The research results reveal a growing research interest in the topic, as supported by bibliometric indicators. In addition, important differences as regards coverage and diffusion of individual post-NPM models are indicated. Namely, most publications focus on the ‘governance’ paradigm and subsequent critical rethinking, as indicated by several post-NPM modernisation proposals. Furthermore, we have shown that such evaluation of governance and related doctrines may be biased in favour of subjective, pluralistic Western ideas about governance, presumably limiting their impact within the CEE and several other regions. Hence, the regions’ particularities in terms of governance (post-socialism, Rechtsstaat culture, EU membership, small states, etc.) must be further taken into account in the post-NPM literature.

show abstract

Mapping Systematization in EU Law

Purnhagen

2013

The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration

View full text Add to dashboard Cite

Cultures of Administrative Law in Europe: From Weberian Bureaucracy to ‘Law and Economics’

Cited by 5 publications

References 0 publications

Debureaucratization Limits in Administrative Procedures Codification: Lessons from Slovenia

Debureaucratization Limits in Administrative Procedures Codification: Lessons from Slovenia

Public Sector Reform from the Post-New Public Management Perspective: Review and Bibliometric Analysis

Mapping Systematization in EU Law

Contact Info

Product

Resources

About