Development Administration Management

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Development Administration Management

• Prof. Rumen Stefanov doctor
• New Bulgarian University

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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

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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

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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

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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

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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

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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

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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

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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
• 
  
  

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives

• Positive factors
• Historical heritage
• The Court and Commission activities

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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

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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

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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)

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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

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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

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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
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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

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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
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European Administrative Space (EAS) patterns,
history, problems, perspectivesWays of creating
EAS

• voluntary adaptation
• through Administrative Legislation process
• through national Administrative courts case law

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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

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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.

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Development Administration Management European
Administrative Space (EAS) patterns, history,
problems, perspectives

• Approaches to convergence
• by imposition
• by attractiveness

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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

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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

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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

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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

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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

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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.

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Development Administration Management

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

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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

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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

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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

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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.

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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

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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

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Development Administration Management

• Thank you for the Attention!
• E-mail rumen_stefanov_99_at_yahoo.com