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Development Administration Management

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Title: Development Administration Management


1
Development Administration Management
  • Prof. Rumen Stefanov doctor
  • New Bulgarian University

2
Development Administration Management
  • European Administrative Space patterns, history,
    problems, perspectives.
  • From classical weberian public administration
    to a New Public Management.
  • Principles of the good Public Management.
  • Public-Private Partnership

3
Development Administration Management
  • European Administrative Space (EAS) patterns,
    history, problems, perspectives
  • Definition
  • Actual Situation
  • Negative factors
  • Positive factors
  • Approaches to convergence
  • Ways of creating EAS

4
Development Administration Management
  • From classical weberian public administration
    to a New Public Management.
  • Old (classical weberian public) administration
  • Features
  • Commitments
  • New Public Management
  • Changes looked for
  • Some of the tools

5
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • Definition
  • as convergence on a common European model, that
    can be seen as
  • normative program,
  • accomplished fact,
  • hypothesis.
  • Johan P. Olsen

6
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • Definition
  • as a space of interaction for the creation and
    the implementation of EU/EC law
  • Herwig C. H. Hofmann

7
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • Definition
  • OECD/SIGMA defines EAS as a particular part of
    EU Law
  • a set of criteria, applicable from the countries
    candidates for membership in order to create
    administrative capacity, necessary for it
  • as a developing process of intensive convergence
    between the national administrative legislation
    and administrative practices of member states

8
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • What is the EAS about?
  • The principles of good management lay down in
    the conception of EAS are designated to
  • to set up the criteria, which are about to direct
    the public administration reforms in the
    countries, candidates for membership
  • to establish the indices on which the advance
    should be assessed
  • to assist the candidate states to meet the public
    administration criteria for EU joining,
    established in Copenhagen and Madrid

9
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • Actual Situation
  • -
  • We cannot yet speak of a European Administrative
    Space, although trends can be seen towards a
    Europeanization of the public services
    (Bossaert)
  • A report from the Thematic Network in Public
    Administration argues that European public
    administration has a specific nature and that a
    gradual convergence of public administration
    systems in a European Administrative Space is
    under way
  • A report from SIGMA observes that while an EAS
    is not an established fact, the driving forces of
    convergence are gaining speed and power.
  • Nizzo concludes that a European administrative
    space, in which the areas of convergence exceed
    the divergences, does now exist



10
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • Negative factors
  • Historical heritage as a precondition and as a
    result
  • EU stand on the issue
  • - as an assumption
  • - as a policy
  • - as a normative base
  • Members states stand on the issue
  • Preconditions inherent to the former totalitarian
    countries

11
European Administrative Space (EAS) patterns,
history, problems, perspectives Negative factors
  • Historical heritage as a precondition and as a
    result
  • european order is characterized by long, strong
    and varied institutional histories, with
    different trajectories of state- and
    nation-building
  • an institutional pattern that is likely to create
    variations in both the motivation and capability
    for institutional convergence
  • the differences between European and national
    Administration

12
European Administrative Space (EAS) patterns,
history, problems, perspectives Negative
factorsDifferences between European and
national Administration
  • National Administration
  • depends on one centre (president or cabinet)
  • has exclusive powers of implementation
  • is top-down
  • is binomial (there are relations between 2 poles,
    the executive and a private party)
  • domestic administrative law is usually a
    privileged branch of law, full of executive
    prerogatives,
  • European Administration
  • has two "heads" and there is a great difference
    between them
  • is not the only implementing authority of the EU
  • bottom-up
  • is trinomial (relations among the European
    Commission, national administrations and private
    parties, and each may play multiple roles )
  • European administrative law the administration
    does not generally enjoy special rights and
    privileges

13
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • EU stand on the issue (as an assumption)
  • modest attention and priority to administrative
    issues
  • the costs of changing the organization of
    domestic administrations have been seen as high
  • the Union has not developed an explicit and
    coherent administrative policy
  • debates over the distribution of administrative
    competence have been linked to struggles over the
    general distribution and separation of powers in
    the Union.
  • there are few references to an EAS in Union
    documents and in speeches by European political
    leaders. The concept is mostly found in studies
    of public law and reports from OECD/Sigma in
    conjunction with the enlargement of the Union
  • there are a limited number of systematic studies
    of European administrative convergence, a fact
    that invites tentative rather than firm
    conclusions
  • the idea of an administration serving some
    common higher authority cannot be upheld in a
    non-unitary, non-state pluralist polity such as
    the EU
  • the institutionalized pressure for global
    administrative convergence has weakened and the
    support for NPM is less enthusiastic than a
    decade ago

14
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • EU stand on the issue (as a normative base)
  • till now only certain elements from the would be
    European Administrative Law were envisaged in the
    basic EU treaties and the derivative legislation
    adopted by the Commission
  • the Treaties do not prescribe a specific model of
    administration and there is no acquis
    communautaire A key argument is that while there
    is no formal acquis communautaire regulating
    European public administration, a
    non-formalized acquis has emerged
  • the Union has limited powers in administrative
    matters
  • the Commissions administrative capacities in
    terms of staffs and budgets are modest compared
    to its tasks

15
European Administrative Space (EAS) patterns,
history, problems, perspectivesEU stand on the
issue (as a normative base)
  • The Treaty of Rome (1957)
  • The Court of Justice shall review the legality of
    acts of the Council and the Commission other than
    recommendations or opinions. It shall for this
    purpose have jurisdiction in actions brought by a
    Member State, the Council or the Commission on
    grounds of lack of competence, infringement of an
    essential procedural requirement, infringement of
    this Treaty or of any rule of law relating to its
    application, or misuse of powers. Any natural or
    legal person may, under the same conditions,
    institute proceedings against a decision
    addressed to that person or against a decision
    which, although in the form of a regulation or a
    decision addressed to another person, is of
    direct and individual concern to the former.
  • ARTICLE 173

16
European Administrative Space (EAS) patterns,
history, problems, perspectivesEU stand on the
issue (as a normative base)
  • According to art. 35 (5) of the EU Treaty
  • The Court of Justice shall have no jurisdiction
    to review the validity or proportionality of
    operations carried out by the police or other law
    enforcement services of a Member State or the
    exercise of the responsibilities incumbent upon
    Member States with regard to the maintenance of
    law and order and the safeguarding of internal
    security.
  • The Treaty admits only one exception from this
    rule, namely the Court possibility to interpret
    and to take decisions to all contentions, emerged
    with the application of agreements (conventions)
    provisions for co-operation in the field of
    Justice and Home Affairs, when Members States
    take part in those conventions.

17
European Administrative Space (EAS) patterns,
history, problems, perspectivesEU stand on the
issue (as a normative base)
  • The Treaty of Rome (1957)
  • Regulations, directives and decisions of the
    Council and of the Commission shall state the
    reasons on which they are based and shall refer
    to any proposals or opinions which were required
    to be obtained pursuant to this Treaty.
  • ARTICLE 190

18
European Administrative Space (EAS) patterns,
history, problems, perspectives Negative
factors
  • Members states stand on the issue
  • reluctant to grant general organizational,
    supervisory and enforcement competence to
    European institutions
  • most of them have been satisfied with laws that
    give the Commission direct administrative
    responsibilities only in specified domains and
    otherwise assume that the EU will not interfere
    with the internal administrative organization of
    the member states
  • administrative instruments that leave discretion
    to member states have been more popular than
    those imposing specific administrative solutions

19
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • Positive factors
  • Historical heritage
  • The Court and Commission activities

20
European Administrative Space (EAS) patterns,
history, problems, perspectives Positive factors
  • Historical heritage
  • European administrations have for centuries
    studied and copied each other in administrative
    matters and they share important characteristics
  • A high level of interaction and exposure to each
    others administrative thinking and solutions

21
European Administrative Space (EAS) patterns,
history, problems, perspectives Positive factors
  • The Court and Commission activities
  • the Court and the Commission role as guardians of
    the Treaties provides a stronger power-base than
    their limited formal administrative policy
    competence
  • increased economic and political integration,
    interdependency and interaction have created a
    qualitative new situation

22
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • Ways of creating EAS
  • the case law of the European Court of Justice,
  • legislative acts
  • mutual on-the-spot checks and inspections
  • voluntary adaptation
  • joint institutions and inter national agencies
    cooperation
  • European Public Administration Network (EPAN)

23
European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS
  • The case law of the European Court of Justice
  • Its decisions bring to the elaboration of common
    Administrative principles so called
    over-sectorial Administrative Law of the EU
  • Being out of its jurisdiction and authority, the
    framework decisions and decisions (adopted by
    EU Council of Justice and Home affairs) are
    denied of the possibility to assess their
    conformity with other EU legislation and their
    expedience with whole EU policy

24
European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS
  • legislative acts
  • Convergence on a European model is seen as driven
    by the need for national administrations to obey
    the same laws, and a widespread interaction
    amongst civil servants and politicians processes
    that are assumed to inevitably change the ways in
    which governments operate
  • The material Administrative Law has sectorial
    characteristic it concern the regulations in the
    field free market economy, telecommunications,
    environment, agriculture, industrial policy,
    border control etc.
  • The Council of Justice and Home Affairs
    framework decisions and decisions (introduced
    with Amsterdam treaty) are binding for the member
    states as to the achieved results and do not have
    direct impact on their legal systems

25
European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS
  • on-the-spot checks and inspections
  • shall be carried out on the Commission's
    authority and responsibility by its officials or
    other servants, duly empowered, hereinafter
    called 'Commission inspectors. Persons placed at
    the disposal of the Commission by the Member
    States as national experts on secondment may
    assist in such checks and inspections. Commission
    inspectors shall exercise their powers on
    production of a written authorization showing
    their identity and position, together with a
    document indicating the subject-matter and
    purpose of the on-the-spot check or inspection.
    Subject to the Community law applicable, they
    shall be required to comply, with the rules of
    procedure laid down by the law of the Member
    State concerned.
  • the Commission may seek the assistance of
    officials from other Member States as observers
    and call on outside bodies acting under its
    responsibility to provide technical assistance.

Article 6 of Regulation 2185/96, concerning
carried out by the Commission in order to protect
the European Communities' financial interests
against fraud and other irregularities
26
European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS
  • on-the-spot checks and inspections
  • Commission inspectors shall have access, under
    the same conditions as national administrative
    inspectors and in compliance with national
    legislation, to all the information and
    documentation on the operations concerned which
    are required for the proper conduct of the
    on-the-spot checks and inspections. They may
    avail themselves of the same inspection
    facilities as national administrative inspectors
    and in particular copy relevant documents.
  • Where necessary, it shall be for the Member
    States, at the Commission's request, to take the
    appropriate precautionary measures under national
    law, in particular in order to safeguard
    evidence.
  • Article 7 of Regulation 2185/96, concerning
    carried
  • out by the Commission other irregularities

27
European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS
  • On-the-spot checks and inspections
  • may concern, in particular
  • - professional books and documents such as
    invoices, lists of terms and conditions, pay
    slips,
  • - statements of materials used and work done, and
    bank statements held by economic operators,
  • - computer data,
  • - production, packaging and dispatching systems
    and methods,
  • - physical checks as to the nature and quantity
    of goods or completed operations,
  • - the taking and checking of samples,
  • - the progress of works and investments for which
    financing has been provided, and the use made of
    completed investments,
  • - budgetary and accounting documents,
  • - the financial and technical implementation of
    subsidized projects.

Article 7 of Regulation 2185/96, concerning
carried out by the Commission other
irregularities
28
European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS
  • voluntary adaptation
  • through Administrative Legislation process
  • through national Administrative courts case law

29
European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS
  • joint institutions and inter national agencies
    cooperation
  • EAMOCEB (European Agency for Management at the
    External Borders) with its methodological
    assistance was draft and adopted a new Law for
    the Borders protection, which incorporates the
    turn into rules the updated legal technologies in
    the field
  • EMCDDA (European Monitoring Center for Drugs and
    Drugs Addiction)
  • with its participation was drafted ant later
    National Assembly passed the Amendment and
    Supplement Act to the Narcotic Substances and
    Precursors Control Act (ASA to NSPCA). By this
    Act some crucial amendments and supplements have
    been introduced as a result of the countrys
    commitments, related to full harmonization of
    laws on narcotic substances and precursors
    control

30
European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS
  • European Public Administration Network (EPAN)
  • its mission is to stimulate and promote
    Europeanisation in teaching Public
    Administration.
  • provides a platform for exchange of information
    oncerning Europeanisation and facilitates
    dialogue between Public Administration teaching
    institutions in Europe.
  • is concerned with facilitating and co-ordinating
    activities with the Europeanisation of Public
    Administration (PA) as their main objective.

31
Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives
  • Approaches to convergence
  • by imposition
  • by attractiveness

32
Development Administration Management
  • From classical weberian public administration
    to a New Public Management
  • Old (classical weberian public) administration
  • Features
  • Commitments
  • New Public Management
  • Changes looked for
  • Some of the tools

33
Development Administration Management From
classical weberian public administration to a
New Public Management
  • Old (classical weberian public) public
    administration
  • Features
  • is a legally constituted instrument governed by
    law and hierarchy.
  • administrators are rule-driven bureaucrats
    executing and maintaining legal norms with
    integrity on the basis of state principles, that
    is, in a neutral way and with the common good in
    mind.
  • administrative dynamics is governed by
    legislators
  • administrative procedures are announced and
    enforced by the courts and state institutions

34
Development Administration Management From
classical weberian public administration to a
New Public Management
  • Old (classical weberian public) public
    administration
  • Commitments
  • Law making
  • Interpretation
  • Implementation
  • Enforcement

35
Development Administration Management From
classical weberian public administration to a
New Public Management
  • New Public Management
  • The public sector of management accept some
    features, principles and methods from the private
    sector

36
Development Administration Management From
classical weberian public administration to a
New Public Management
  • New Public Management
  • Changes looked for
  • follows from shifting circumstances, customers
    demands and political objectives.
  • implies fewer uniform, system-wide rules and
    procedures
  • give way to more flexibility and
    decentralization.
  • it is primarily an instrument for efficient
    service production,
  • it is governed by a performance-oriented culture
  • focus is given on results, entrepreneurship and
    efficiency
  • administrators are assumed to be self-interested
    actors governed by shifting material incentives
    and opportunity structures
  • new tools are used to administer the society

37
Development Administration Management From
classical weberian public administration to a
New Public Management
  • New Public Management
  • Some of those tools could be
  • market competition,
  • public-private partnership
  • auction systems,
  • price systems,
  • vouchers,
  • contracts,
  • performance appraisals,
  • scorecards
  • benchmarking etc.

38
Development Administration Management
  • Principles of the good Public Management
  • Legality and Expedience
  • Reliability and Predictability
  • Openess (bleakness) and Transparency
  • Accountability
  • Effectiveness
  • Efficaciousness
  • Partnership
  • Coherentness

39
Development Administration Management Principles
of the good Public Management
  • Reliability and Predictability
  • proportionality
  • justice in the procedure and the process
  • opportuneness (timeliness)
  • professionalism and professional integrity

40
Development Administration Management Principles
of the good Public Management
  • Partnership
  • Partners
  • institutional
  • private sector
  • civil society
  • Ways to carry our the partnership
  • notification
  • consultation
  • active participation

41
Development Administration Management Principles
of the good Public Management
  • Coherentness
  • Rigorous internal logic and mutual commitment of
    the elaborated national policies, that make them
    comprehensive for the general public

42
Development Administration ManagementPublic-Priva
te Partnership
  • WHAT IS A PPP?
  • A Public-Private Partnership is a contractual
    agreement between a public agency (federal, state
    or local) and a private sector entity. Through
    this agreement, the skills and assets of each
    sector (public and private) are shared in
    delivering a service or facility for the use of
    the general public. In addition to the sharing of
    resources, each party shares in the risks and
    rewards potential in the delivery of the service
    and/or facility.

43
Development Administration ManagementPublic-Priva
te Partnership
  • Advantages of PPPs
  • Maximizes the use of each sectors strength
  • Reduces development risk
  • Reduces public capital investment
  • Mobilizes excess or underutilized assets
  • Improves efficiencies/quicker completion
  • Better environmental compliance
  • Improves service to the community
  • Improves cost effectiveness
  • Shares resources
  • Share/allocates risks
  • Mutual rewards

44
Development Administration Management
  • Randal Baker Comparative public management
    Putting U.S. Public Polocy and Implementation in
    Context
  • http//www.iir.berkeley.edu/culture/papers/Shapiro
    .pdf
  • http//news.bbc.co.uk/1/hi/uk/1518523.stm
  • http//www.fhwa.dot.gov/ppp/defined.htm
  • http//ime.bg/bg/articles/efektiwnost-na-dialoga-m
    evdu-publichniq-i-chastniq-sektor-w-bylgariq/
  • http//ime.bg/bg/articles/efektiwnost-na-dialoga-m
    evdu-publichniq-i-chastniq-sektor-w-bylgariq/
  • http//news.bbc.co.uk/1/hi/uk/1518523.stm
  • http//www.fhwa.dot.gov/ppp/defined.htm
  • http//www.eurofound.europa.eu/emcc/content/source
    /eu04062s.htm?p1sectorp2Public_Sector
  • http//www.eipa.nl/en/home/
  • http//www.mzes.uni-mannheim.de/projekte/typo3/sit
    e/fileadmin/research20groups/crosscutting/correct
    ed20report_TC_london.pdf
  • http//bl.ul.ie/epan/generalinformation/about/
  • http//www.eurotreaties.com/eurogeneral.html

45
Development Administration Management
  • Thank you for the Attention!
  • E-mail rumen_stefanov_99_at_yahoo.com
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