Croatian and Comparative Public Administration最新文献_第4页

Zabrana referenduma o proračunskim pitanjima u hrvatskoj i poredbenoj perspektivi

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Croatian and Comparative Public Administration Pub Date : 2022-07-14 DOI: 10.31297/hkju.22.2.1

Valentino Kuzelj

{"title":"Zabrana referenduma o proračunskim pitanjima u hrvatskoj i poredbenoj perspektivi","authors":"Valentino Kuzelj","doi":"10.31297/hkju.22.2.1","DOIUrl":"https://doi.org/10.31297/hkju.22.2.1","url":null,"abstract":"U radu se razmatra poredbeno ustavnopravno uređenje zabrana referendumskog odlučivanja o proračunskim, fiskalnim, odnosno financijskim pitanjima. Potom se izlaže slična zabrana izvedena u hrvatskoj ustavnosudskoj praksi. Naime, pitanja proračuna i njegove održivosti pripadaju sferi isključivih ovlasti tijela predstavničke demokracije, iz čega proizlazi zabrana održavanja referenduma o pitanjima povezanima s proračunskom materijom. Pritom se kritički pristupa rezoniranju Ustavnog suda koji takvu zabranu izvodi s osnove foruma (tijela predstavničke demokracije) kojem je dopušteno odlučivati o proračunu umjesto s osnove isključene materije. Iz toga proizlazi opasnost pretjerano ekstenzivnog tumačenja povezanosti referendumskih prijedloga s proračunom, pukim pozivanjem Vlade i parlamentarne većine na utjecaj predloženoga referendumskog pitanja na sferu njihovih isključivih (proračunskih) ovlasti. Stoga je potrebno u ustavnosudskoj praksi definirati objektivne i provjerljive parametre na temelju kojih će se u svakome pojedinom slučaju utvrditi utjecaj referendumskog pitanja na stabilnost proračuna. Dodatno, poželjno je izrijekom u Ustav unijeti zabranu referendumskog odlučivanja o poreznim i proračunskim zakonima.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42821752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Traditional and European Oriented Principles in the Codification of Administrative Procedures in Central Eastern Europe 中东欧行政程序法典化中的传统原则与欧洲原则

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Croatian and Comparative Public Administration Pub Date : 2022-05-02 DOI: 10.31297/hkju.22.1.6

P. Kovač

{"title":"Traditional and European Oriented Principles in the Codification of Administrative Procedures in Central Eastern Europe","authors":"P. Kovač","doi":"10.31297/hkju.22.1.6","DOIUrl":"https://doi.org/10.31297/hkju.22.1.6","url":null,"abstract":"The demanding and changing societal environment brings the necessity of public administration reforms in various aspects. This is even more emphasised in Central Eastern Europe (CEE), which can be attributed to the still ongoing transition. Administrative procedures and their codification change over time, which also applies to the basic principles related thereto. The article presents the development of such principles in national APAs of Slovenia (from 1999), Czech Republic (2004), Croatia (2009), and Hungary (2016), in line with EU development guidelines, particularly Art. 41 of the EU Charter of Fundamental Rights that envisages the right to good administration. The basic principles embedded in national APAs constitute value-based guidelines that apply both to the drafting and to the interpretation of rules relevant for any type of administrative decision and any stage of procedure. The author finds that more recent APAs in Central Eastern Europe present an evident trend towards governing the administrative procedure and the basic principles more comprehensively, with due account of the more contemporary elements, such as proportionality among principles and cooperation among authorities. Another common denominator is complementing the traditional Rechtsstaat principles with more modern ones, in the sense of greater partnership among all stakeholders in administrative relationships. This points to a positive surpassing of historical legacies of European development, although at the same time there is evidence of interference with the administrative procedure as a tool of democracy, mainly as a result of political aspirations or trends to increase the efficiency of public policies. Hence, in the Member States, classical and modern principles should be codified and interpreted holistically, in the light of the values of the EU","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69356331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Matthew Effect in Local Welfare Policy in Croatia 克罗地亚地方福利政策中的马太效应

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Croatian and Comparative Public Administration Pub Date : 2022-05-02 DOI: 10.31297/hkju.22.1.1

Zdenko Babić, Z. Šućur

{"title":"The Matthew Effect in Local Welfare Policy in Croatia","authors":"Zdenko Babić, Z. Šućur","doi":"10.31297/hkju.22.1.1","DOIUrl":"https://doi.org/10.31297/hkju.22.1.1","url":null,"abstract":"The ESSPROS methodology was first used in Croatia in 2018 to collect data on social protection expenditure in local government, for the year 2017. The aim of this research is to use these data to reveal the level of social inequalities between regional government units (counties) in Croatia and to demonstrate the Matthew effect in the functioning of local welfare policies. Quantitative analysis has demonstrated a significant level of spatial and local disparities in the availability of institutional care for the elderly and children, as well as uneven social protection in terms of the provision of cash or in-kind benefits. The Matthew effect in the local social protection can be found in different forms in different social protection programmes which are provided at the local level, with the general rule that the more developed local units invest more in social services and provide greater cash benefits to their citizens. The underdevelopment of these services is particularly noticeable in the less developed, eastern part of Croatia (counties of Slavonia), while at the same time, highly developed social services are provided in the City of Zagreb. Over the last 20 years, uneven economic development and partial decentralisation have created a situation in Croatia in which one of the fundamental principles of social welfare and social policy, the principle of equality, has been seriously compromised. This has brought about the problem of double inequalities: economic ones, as a result of a lower level of development and continuous lagging behind in the development of local and regional self-government units, and social inequalities, as a result of the inability of less developed units to provide similar levels of social protection to their citizens.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45290103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Legal Dilemmas in the Field of Granting Concessions in Slovenian Law and Some Solutions in Comparative Law 斯洛文尼亚法律中特许权授予领域的法律困境及比较法中的一些解决方案

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Croatian and Comparative Public Administration Pub Date : 2022-05-02 DOI: 10.31297/hkju.22.1.5

Katja Štemberger

{"title":"Legal Dilemmas in the Field of Granting Concessions in Slovenian Law and Some Solutions in Comparative Law","authors":"Katja Štemberger","doi":"10.31297/hkju.22.1.5","DOIUrl":"https://doi.org/10.31297/hkju.22.1.5","url":null,"abstract":"In Slovenian law, the granting of concessions is governed by a number of (general and special) laws, which are supplemented by the Public-Private Partnership Act (PPPA) as a systemic law for the granting of concession to public-private partnerships regardless of the value of the concession, as well as the Act on Certain Concession Contracts (CCCA), which is the basic regulation for the award of construction concession and service concession contracts falling within the scope of the Directive 2014/23/EU. The CCCA is primarily used in relation to other regulations. Regardless of special law provisions, the provisions of the CCCA should be applied in the procedure of granting concessions that simultaneously meet the criteria for concession contracts from the scope of the Directive 2014/23/EU, and special law provisions should be applied only if they do not contradict the CCCA (reverse rule lex specialis). The complexity of the procedure for granting concessions in Slovenian law is thus reflected in the need to combine the use of different regulations, which frequently regulate the same issues in completely different ways, introducing confusion into the legal order. As an example, the author highlights differences in the legal nature of the act on concessionaire selection and, as a result, legal protection against decisions in concessionaire selection procedures, and discusses some specifics that apply to concessions for social and other special services. In addition to the provisions relating to the concession award procedure, there are other inconsistencies between the CCCA and sectoral regulations concerning the implementation of the concession contract. In view of all the shortcomings, the author implies that the Slovenian legislator should either adjust the sectoral regulations to the CCCA regulations or adopt a single procedural law that would apply to all concessions, with specific (stricter) rules applicable to concessions above the relevant value threshold.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48664880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Openness and Accountability in Turkey in the Context of Accession to the European Union 加入欧盟背景下土耳其的开放性和问责制

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Croatian and Comparative Public Administration Pub Date : 2022-05-02 DOI: 10.31297/hkju.22.1.4

F. Akyıldız

{"title":"Openness and Accountability in Turkey in the Context of Accession to the European Union","authors":"F. Akyıldız","doi":"10.31297/hkju.22.1.4","DOIUrl":"https://doi.org/10.31297/hkju.22.1.4","url":null,"abstract":"There are many indicators showing the need for restructuring of the Turkish public administration. The basic nature and problems of the administrative functioning are mostly related to the bureaucratic culture from the past. Turkey has made important public administration reforms in recent years in order to change this bureaucratic culture, which is based on centralization and secrecy. The European Union (EU) is the most important external dynamic of these reforms aiming at openness, transparency, accountability, participation and ethical structuring in public administration. These principles are also an element of the European Administrative Space (EAS), EU governance and the subject of Europeanization in public administration. Among these principles, openness and accountability constitute the subject of this paper. Openness, transparency and accountability of government bear critical importance for the proper functioning of accession process. Within this period, a number of regulations have been passed to ensure institutionalization of an open and accountable administration, resulting in the establishment of new agencies in Turkey. However, although essential steps were taken in terms of openness and accountability before the accession negotiations began on October 3, 2005, the reforms entered into a phase of deceleration thereafter. Therefore, the reforms appear to have been affected by the development course of Turkey-EU relations and slowed down as the relations deteriorated. In this context, these reforms are examined under the following dimensions based on EU progress reports and relevant legal regulations: (i) openness and right to information, (ii) financial transparency and accountability, (iii) ethical principles for public officials.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48322014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Migration and Asylum Governance in CEE Countries: Between Historical Legacies and the Europeanisation Process 中东欧国家的移民和庇护治理：历史遗产与欧洲化进程之间

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Croatian and Comparative Public Administration Pub Date : 2022-05-02 DOI: 10.31297/hkju.22.1.3

Goranka Lalić Novak, Teo Giljević

{"title":"Migration and Asylum Governance in CEE Countries: Between Historical Legacies and the Europeanisation Process","authors":"Goranka Lalić Novak, Teo Giljević","doi":"10.31297/hkju.22.1.3","DOIUrl":"https://doi.org/10.31297/hkju.22.1.3","url":null,"abstract":"Migration patterns in post-socialist Central and Eastern Europe countries were different when compared to old EU member states. During the period after WWII until 1990, those patterns involved primarily migration to and from other CEE countries (and the Soviet Union). In former Yugoslavia, a less oppressive regime, together with a high demand for workers in Western European countries, opened up space for rather massive labour emigration during 1960s and 1970s. After the collapse of previous regimes and during the transition period in the 1990s, CEE countries experienced an increase in immigration; however, relatively small numbers of immigrants have been arriving from outside Europe. At the same time, under the EU accession requirements, those countries had to quickly develop migration policies and align their legislation with acquis communautaire on migration and border security. The mass migrations in 2015 and 2016 opened a new chapter regarding migration and asylum governance in CEE countries. Some of them, such as Visegrad countries, strongly opposed the EU initiatives in the area of migration and asylum, which influenced their relations with EU institutions but also other member states. The paper aims to explore the relationship between the transition and Europeanisation on one side, and the development of migration and asylum governance on the other side in CEE countries, based on the path-dependency approach. The paper focuses on the question to what extent (post)socialist factors influence national migration and asylum governance and policies which are at the same time governed by the EU regulatory framework. It is debated whether the effectiveness of the transfer of values and norms relating to migration during the accession process has been replaced by a “national turn” after joining the EU.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49141297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Involving the Public in the Assessment of Community Real Estate Property 让公众参与社区房地产资产评估

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Croatian and Comparative Public Administration Pub Date : 2022-05-02 DOI: 10.31297/hkju.22.1.2

M. Dmytryshyn

{"title":"Involving the Public in the Assessment of Community Real Estate Property","authors":"M. Dmytryshyn","doi":"10.31297/hkju.22.1.2","DOIUrl":"https://doi.org/10.31297/hkju.22.1.2","url":null,"abstract":"The paper argues for the need to involve the public in decision-making on abandoned community real estate property in small communities with limited financial resources. This can be achieved by giving the public the opportunity to express their opinion via a survey. For this purpose, a specific approach was developed which involves conducting a survey and evaluating the results. A particular weighting factor is given for each chosen rank of indicator. A system of 50 indicators for five different groups (interior, exterior, environment, historical and cultural value, and finance) is proposed. The indicators are divided into 38 incentives and 12 disincentives, in accordance with their impact on the final assessment of the real estate property. An example of an assessment is given and it is proposed that the survey results be categorised and analysed based on the age of respondents. The aim of this paper is to develop a way of investigating the opinion of the local community regarding abandoned municipal real estate property in the cheapest and easiest way, applicable even in small villages. Not only will this ensure the assessment is carried out, it will also involve more people in community life and increase their interest. Public participation in solving community affairs is crucial when it comes to increasing the interest of residents in the life of the territory in particular and the effective development of civil society in general. At the initial stage citizens may only engage in one-time participation; however, in the future a critical mass of caring locals will be formed who can bring forward new ideas and offer innovative solutions.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41651543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Politika štednje i izborni ciklus 保存和选举周期策略

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Croatian and Comparative Public Administration Pub Date : 2021-12-30 DOI: 10.31297/hkju.21.4.6

Velibor Mačkić, Filip Rusmir

引用次数: 0

The Death of the European Agency for Reconstruction 《欧洲重建署之死

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Croatian and Comparative Public Administration Pub Date : 2021-12-30 DOI: 10.31297/hkju.21.4.3

Islam Jusufi

引用次数: 0

Evaluation of the Relationship of Democracy and Governance 民主与治理关系评价