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Monitoring: functional or fashionable?

Author(s): Dennis de Kool,Arwin van Buuren / Language(s): English Issue: 2-3/2004

An increasing stream of monitoring activities has entered the public sector. In the Netherlands there are hundreds of monitors on a wide range, so it can be stated that monitoring is fashionable in the Netherlands. But monitoring seems to be functional, too. Without monitoring, organisations would not even survive. Research about the use of research information and evaluations makes clear that information is not always used in a direct and transparent way. This statement raises three, interrelated research questions, which we try to answer in our paper: (1) What is the amount and the character of (intragovernmental) monitors in the public sector in the Netherlands? (2) What forms of utilisation can be distilled and how are intragovernmental monitors used in practice? (3) How do these functions of monitors relate to recent insights in the complexity of governmental performance and the role information can play in complex systems? The paper concludes with the observation that the current mode of monitoring is dominated by rationalistic assumptions. Important functions from a complexity perspective, as learning and communicating, seem to be underestimated. Monitoring is fashionable, but it seems to be less functional.

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Performance Measurement in Public Governance

Author(s): Willem Trommel,Taco Brandsen,Mirjan van Heffen-Oude Vrielink,Maaike Moulijn / Language(s): English Issue: 2-3/2004

The paper examines four different cases in which performance measurement has been applied within a process of policy reform. The cases will demonstrate that a large variety of mechanisms may underlie the use of performance measurement instruments, ranging from institutional imitation to political pressures. They show that it is insufficient to study performance measurement problems merely from the classical principal-agent perspective, simply because governance systems frequently lack an institutionalised principal-agent relationship. One must travel down new avenues of research to understand this phenomenon more fully, a journey for which this paper provides some preliminary directions.

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Convenient Local Policymaking for Inconvenient Issues?

Author(s): Jaap Leek,André van Montfort / Language(s): English Issue: 2-3/2004

The key issue in this paper is the success rate for local governments relating to drawing up policies pertaining to socially controversial issues that live up to the expectations of the central government. The question will be focused on an example of a socially controversial issue: the establishment of brothels. The paper presets results of a research into the policies drawn up by the municipal bodies during the last three years with respect to the establishment of brothels. A number of general conclusions are drawn concerning the manner in which the central government can provide guidance for the decentralisation of policy development for socially controversial issues.

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SOCIAL INNOVATION AND CIVIL SERVICE LAW

Author(s): Gábor Mélypataki / Language(s): English Issue: 1/2019

The framework of administrative law is a static area of the legal system, but its content is very dynamic. The administration and the civil service law have been influenced by new technologies and social situations. These new things make innovations not just in the economy, but in the society as well. Social innovation is the rethinking of the relations between the persons, or between the persons and the state. We need to rethink the relationships in all ways. The state has new functions and must provide services for the citizens. The positions of the civil servants are influenced by new forms of the relationships with the citizens. This relation is very complex. We need to highlight digitalisation and PSR. Both effects have big significance in the changing of the situation of the civil servants, in the mirror of the roles of the state

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Perspectives of evolution of legal solutions concerning entrusting by local self-government units the public tasks to perform with other entities against the background of Polish law

Author(s): Wioleta Baranowska-Zając / Language(s): English Issue: 19/2019

On the local self-government units - municipalities, counties and voivodships - exercising public administration in Poland on the principle of decentralization of public authority, there are numerous public tasks to perform, including in particular the own tasks serving the collective needs of members of local self-government community. These tasks could be carried out by local self-government units using their own entities - organizational units, budgetary establishments, as well as municipal companies created - but could also be entrusted to perform with other, separate entities, especially non-public entities. The forms of entrusting by local self-government units the tasks with entities outside self-government structure are regulated by Polish Act of 1996 on municipal economy. The provisions of this Act were subject to several amendments in the analyzed scope. With entrusting by local self-government units the public tasks to separate entities, especially non-public entities, there are connected numerous problems that have not been solved so far. They concern the subjective scope of entities to which it is possible to entrust public tasks by self-government units, the basis and nature of the entrustment, the scope of entrustment, the legal status of the entity entrusted with tasks, obtained as a result of entrusting public tasks, the principles on which the entrustment is based, the effects of entrusting, the responsibility for performing the entrusted tasks. Taking the above into account, the scientific purpose of the research is an identification and determination of specific problems related to entrusting the performance of public tasks by local self-government units with separate entities, especially private entities, against the background of Polish law and determination of the perspectives of evolution of legal solutions concerning such entrusting.

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THE WEALTH OF NATIONS – AN APPROACH BASED ON THE INTERNATIONAL VALUATION STANDARDS

Author(s): Bogdan Radu Herzog / Language(s): English Issue: 1/2019

The paper proposes a new approach to the valuation of the efficiency of a national economy by using the corrected net asset method (ANC) recommended by the international valuation standards. The author starts by noticing that the main statistical indicator currently used for assessing a country's economic status, namely gross domestic product (GDP), is an indicator of the value of the produced output, without really reflecting the patrimonial status of the subject. Unlike states, companies are required by law to present two basic documents: a balance sheet, with assets and liabilities, and a profit and loss account, which reflects the revenues and expenditures generated. Should a balance sheet-type document be presented by the state, reflecting both assets and liabilities, a corrected net asset value (ANC) could be calculated. The evolution of a national economy could be traced by following this indicator over a period of time (ANCn - ANCn-1). As a consequence, when assessing, for example, the evolution of the national economy, we will compare not only GDP2018 with GDP1989, but also the evolution of the net asset position of the Romanian state over the same period, i.e. ANC2018 with ANC1989.

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MUTUAL INSURANCE COMPANY - A NEW COMPANY FORM REGULATED BY ROMANIAN LAW AND ITS POSSIBLE INTERACTIONS WITH PUBLIC ADMINISTRATION

Author(s): Ilie Dumitru / Language(s): English Issue: 1/2019

For many decades, mutual insurance companies have been very present in developed countries, in various areas of activity, often interfering with public administration or with various public institutions. For example, mutual insurance companies can manage mandatory health insurance schemes or provide supplementary insurance for sickness and old age or alternatives to national insurance schemes. In Romania, mutual insurance companies did not benefit from such regulation, although in other less developed countries they could operate at least as voluntary organizations with the role of raising funds and managing financial loans to cover various risks. Very recently was promulgated in Romania Law no. 71/2019 on mutual insurance companies. These societies will undoubtedly be present in social life and many of them will specialize in activities that interfere with those of public institutions and authorities, so a study of this new type of society can be a benefit for everybody.

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INSTITUTION OF MATERNAL ASSISTANCE AS A CHILD PROTECTION MEASURE

Author(s): Laura Cetean-Voiculescu / Language(s): English Issue: 1/2019

This study seeks to analyze special measures for the protection of the child in difficulty (placement and placement in an emergency) in the form of a nursing assistant. The institution of maternity care has grown in recent years, surpassing by far the other alternative protection measures. The critical analysis of the legislation, the theoretical and practical characterization of the measure, the formulation of conclusions and proposals in the field were followed. Issues such as place of maternal care in all alternative child protection measures, categories of special measures determining protection through a professional nursing assistant, individual protection plan and priority order of measures related to the child, duration of the measure, authorities with attributions in domain, the child - a qualitatively active subject of the legal protection relationships that concern him/her, categories of children who can benefit from the placement measure, including a nursing assistant, monitoring the application of special protection measures, categories of services for achieving special protection, rights and obligations the professional nursing assistant, aspects of judicial practice and conclusions.

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Strategiczny wymiar gospodarowania komunalnym zasobem nieruchomości

Author(s): Maria Trojanek / Language(s): Polish Issue: 342/2019

The aim of the paper was to prove the legitimacy of the strategic approach to administration of municipal real estates. The author introduced the legal and economic aspects of the municipal real estate stock administration, and she emphasized the specificity and goals set in the process of administrating the subject stock. In the course of the research, the arguments for reshaping the municipal real estate stock administration model were identified. The arguments were based on the assumption that the administration process should be derived from the classification of real estates according to (current and future) municipal tasks and needs stipulated in strategic documents. The study also comprised the description of activities taken up by local authorities in subsequent stages of designing the strategy of municipal real estate administration.

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International standards and citizens assessment of public administration and local government reform in Ukraine after 2014

Author(s): Myrosława Lendel / Language(s): English Issue: 2/2019

The aim of this research is to define the forms of implementation of the international standards of the public administration and local democracy in Ukraine after the Revolution of Dignity and to estimate the assessment of their implementation by the citizens. The scope of the research is defined by the support of the principle agreement that one of the main factors of the implementation of reforms, particularly in the field of public administration, was the factor of the international environment, firstly, of the European regional structures.The delay in adopting the necessary legislative decisions in the field of public administration, in particular decentralisation and implementation of administrative-territorial reform, and their financial, advisory and communication support, resulted in unsatisfactory evaluation of this process by citizens, reducing the level of their support for these reforms, despite the fact that in the first Post-Maydan years they were the most popular among Ukrainians.

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The Adoption of Information and Communication Technologies in Human Resource Management in the era of Public Governance

Author(s): Dyah Mutiarin,Yasmira Moner,Nuryakin Nuryakin,Achmad Nurmandi / Language(s): English Issue: 2/2019

The purpose of this essay is to provide a conceptual mapping of human resource management (HRM) functions in line with governance. The objectives of the review are to trace, determine and draw fresh insights from the literature on human resource management, particularly on the influence of Information Technology (IT), citizen governance, and advocacy-oriented human resources. This paper employs a literature review to draw new perspectives on HRM functions. It focuses on a thematic review of human resource components such as Information and Communication Technologies (ICT), governance models related to citizens-led and people-centered human resource management, and advocacy to return the “human” to HRM. This essay seeks to contribute to human resource literature through a conceptual mapping of HRM functions tracing the development of human resource functions with the following three components: Information technology (IT) in the process of upgrading HRM, accountability through citizen governance as an outcome of data-driven and efficient sharing of information from the human resource institutions, and advocacy-oriented human resources management by focusing on the human capital as a partner towards socio-economic and political development in the governance era of new public management.

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KAMU KURUMLARINDA SOSYAL MEDYA KULLANIMI: KASTAMONU İL KÜLTÜR VE TURİZM MÜDÜRLÜĞÜ ÖRNEĞİ

Author(s): Gülsüm Çalişir,Fatih Aksoy / Language(s): Turkish Issue: 1/2019

With the development of information communication technologies, the use of traditional media has decreased and the use of social media has increased. Because there are advantages such as producing desired contents in social media, reaching wide masses, having two-way communication and giving instant feedback. These possibilities cause people to spend most of their time in social media. For this reason, private and public institutions must be active in these environments. In this study, the social media existence of public institutions researched. And also the purposes of using social media devices of public institutions researched. Qualitative research method was used in the study. Content analysis was selected as the type of data analysis. From this point of view, the Facebook page of Kastamonu Provincial Directorate of Culture and Tourism was included to examine between 01 January and 01 September 2018. According to the data obtained from the result of a study, it has been learned that the said institution only has Facebook social media account. It was understood that the this social media account was mainly used for information purposes. In addition, it is determined that the social media account is not integrated with the corporate website. As a result, Kastamonu Provincial Directorate of Culture and Tourism, which is trying to be active in the field of social media, has used communication technologies intensively in this period, It is possible to say that it is necessary to take part in other social media networks in order to promote the cultural activities and to reach a wider group in informing the target group.

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DOKUMENTŲ ĮTEIKIMAS TARPVALSTYBINĖSE CIVILINĖSE BYLOSE

Author(s): Remigijus Jokubauskas / Language(s): Lithuanian Issue: 1/2019

The article analyses service of documents in cross-border civil cases. Proper service of documents is particularly important to ensure the right to a fair trial. The right to a fair trial might be violated if the addressee is not properly informed about the case and cannot enjoy this right effectively.The European Court of Human Rights has established a due diligence requirement regarding the service of documents and information about civil proceedings (Gyuleva, Zavodnik, Schmidt cases). Though this requirement is not defined in the case law, the author has found that it requires courts to ensure that persons in the case are properly informed and have enough time to prepare for legal defense. Courts shall ascertain whether the addressee actually received documents and can enjoy the right to a fair trial effectively. Therefore, courts shall establish the actual address of the addressee and consider which means of service of documents are the most appropriate in each case.The article analyzed practical issues regarding the service of documents under the Regulation No. 1393/2007. First, can documents may be delivered to the third person, but no the addressee in person? Second, how knowledge of the language of the addressee is established? Third, should all annexes to the document be translated? Fourth, does the failure to deliver a standard form II of the Regulation 1393/2007 to the addressee makes the service of documents procedure invalid? Fifth, how the date of the delivery of documents shall be established when documents have been served by several means?Knowledge of language raises various practical problems. Obviously, in order to understand legal documents, a certain level of knowledge of the language shall be established. The author of the article has found that in deciding the level of knowledge of the addressee‘s language, the court shall assess the actual knowledge of the language, taking into account all relevant facts: the language previously used, the language spoken by the parties prior to the case, the language of the transactions, the profession of the addressee, documents certifying the knowledge of the language, a citizenship. The use of the specific language in business relations alone does allow to presume knowledge of the language but is a significant factor in this assessment.The need to translate the annexes to the document depends on the content of the document and the probative value of the annexes, the defendant‘s ability to understand the subject matter and the basis of the dispute.

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Małgorzata Tryuk (ed.), O tłumaczach, prawnikach, lekarzach i urzędnikach. Teoria i praktyka tłumaczenia rodowiskowego w Polsce, Warszawa, Wydział lingwistyki stosowanej UW, BEL Studio Sp. z.o.o., 2010

Author(s): Ioana Alina Câmpean / Language(s): English Issue: 04/2011

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Право коришћења гробног места

Author(s): Vladimir Rajković / Language(s): Serbian Issue: 1-2/2002

Свако рађање прати смрт. Разумљиво је стога што је ова појава предмет интересовања како филозофије тако и многих дру- гих наука, а истовремено и незаобилазна тема свих религија.

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Cultural Diplomacy as a Tool of Ukraine’s Foreign Policy: Institutional Dimension

Author(s): Vitaliy Tereshchuk / Language(s): English Issue: 28/2019

The present paper considers the essential role of cultural diplomacy as a foreign policy vector and discusses its place among the tools of public diplomacy. The emphasis is placed on analysing the potential of cultural diplomacy in the Ukrainian foreign policy activities. In particular, the authors examine institutional aspects of promotion of the Ukrainian culture abroad; special attention is paid to the Ukrainian Institute, established in 2017 under the auspices of the Ministry of Foreign Affairs. As for many years there was no comprehensive governmental approach to cultural diplomacy, private initiatives in the field emerged to fill the gap. Having received some support from the Foreign Affairs Ministry and Ukraine’s diplomatic missions, these entities became part of the state’s cultural diplomacy mechanisms.

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Административни аспекти на публичните електронни услуги

Author(s): Katia Kirilova / Language(s): Bulgarian Issue: 2/2019

The article presents some of the administrative aspects in creating new public e-services. The main aim is to propose changes in the direction of improvement and digitization of the main administrative processes on the basis of the provided public electronic services to the students in relation to their career development. The tasks are related to the clarification of the characteristics of the existing public electronic services for career development and proposals for changes in the main administrative processes. The results achieved are in the direction of clarifying the strengths of the e-portfolio as an element of the career development of the students and a proposal for a specific technological realization.

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Regulations on the Establishment of Local Councils and the Validation of Mandates of Local Councillors Based on the Romanian Administrative Code

Author(s): Nicoleta Miulescu / Language(s): English Issue: 9/2019

The Romanian Administrative Code, the long-awaited general regulation for public administration, provides administrators and stakeholders with the new framework for the performance of law enforcement activities. Providing a unitary regulation of the legal status of the main institutions of public law, the Administrative Code is a step forward in public administration reform in general and local administration reform in particular. As new community principles such as subsidiarity, responsibility and solidarity in public administration are established along with the fundamental principles of legality, decentralisation and local autonomy, the relations between administrators and stakeholders, with a view to ensuring the general interests of local collectivities, are deeply reconfigured.

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The Right to Legislative Information Correlated with the Nemo Censetur Ignorare Legem Principle

Author(s): Alina Popescu / Language(s): English Issue: 9/2019

The citizens’ right to be informed is a fundamental right guaranteed by Article 31 of the Romanian Constitution. Information of public interest, to which the citizen’s access is guaranteed, also includes information on the legislative process and its outcome: constitutional laws, organic laws, ordinary laws, emergency ordinances, ordinances, government decisions, etc. The normative acts setting out rights and obligations to citizens undoubtedly represent information of public interest, which must be known by the public opinion. The nemo censetur ignorare legem principle is specifically based on the citizens’ knowledge of national laws and more strongly, in the last years, of European laws. The question that appears more and more often in the public space is related to the actuality of the Roman principle and whether the citizen is still bound by the obligation to know the law, as legislation has become more and more complex.This study aims at analysing how the obligation to know the law practically correlates to the citizens’ easy access to legislative information, in the highly dynamic current legislative environment.

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International Disputes and the Importance of Peaceful Settlement

Author(s): Vasile Stoica / Language(s): English Issue: 9/2019

The aim of this paper is to present the issue of the international disputes, the means of solving them and the importance of peaceful settlement of the dispute between Romania and Ukraine regarding the delimitation of continental shelf.

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