Following the constitutional and political reforms in Central and Eastern Europe of the last decade, the time has now come for the whole-scale reform of public administration and the creation of a professional civil service. What is needed is a clear sense of the objectives to be achieved by the administration; and the provision of adequate resources to perform the tasks of public administration. In addition, and perhaps most importantly of all, there must be a sound legal basis for public administration. Recognizing these realities, this book examines administrative law and administrative institutions in Central and Eastern Europe. In a series of case studies, discussing each country in the region in turn, it looks at the ways in which a range of administrative decisions are reached and at how the citizens affected by them are treated. The material for each of the fourteen chapters was collected by a person or persons native to the respective country.

This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.

Ebook available in Open Access: oapen.org/search?identifier=1006705 Strategies and priorities for the public sector in Europe The public sector in our society has over the past two decades undergone substantial changes, as has the academic field studying Public Administration (PA). In the next twenty years major shifts are further expected to occur in the way futures are anticipated and different cultures are integrated. Practice will be handled in a relevant way, and more disciplines will be engaging in the field of Public Administration. The prominent scholars contributing to this book put forward research strategies and focus on priorities in the field of Public Administration. The volume will also give guidance on how to redesign teaching programmes in the field. This book will provide useful insights to compare and contrast European PA with PA in Europe, and with developments in other parts of the world. Contributors: Geert Bouckaert (KU Leuven), Werner Jann (University of Potsdam), Jana Bertels (University of Potsdam), Paul Joyce (University of Birmingham), Meelis Kitsing (Estonian Business School, Tallinn), Thurid Hustedt (Hertie School of Governance, Berlin), Tiina Randma-Liiv (Tallinn University of Technology), Martin Burgi (Ludwig Maximilians University of Munich), Philippe Bezès (Science Po Paris; CNRS), Salvador Parrado (Spanish Distance Learning University (UNED), Madrid), Mark Bovens (Utrecht University; WRR), Roel Jennissen (WRR), Godfried Engbersen (Erasmus University Rotterdam), Meike Bokhorst (WRR), Bogdana Neamtu (Babes Bolyai University, Cluj-Napoca), Christopher Pollitt (KU Leuven), Edoardo Ongaro (Open University UK, Milton Keynes), Raffaella Saporito (Bocconi University, Milan), Per Laegreid (University of Bergen), Marcel Karré (Erasmus University Rotterdam), Thomas Schillemans (Utrecht University), Martijn Van de Steen (Nederlandse School voor Openbaar Bestuur), Zeger van de Wal (National University of Singapore), Michael Bauer (University of Speyer), Stefan Becker (University of Speyer), Jean-Michel Eymeri-Douzans (Université de Toulouse), Filipe Teles (University of Aveiro), Denita Cepiku (Tor Vergata University of Rome), Marco Meneguzzo (Tor Vergata University of Rome), Külli Sarapuu (Tallinn University of Technology), Leno Saarniit (Tallinn University of Technology), Gyorgy Hajnal (Corvinus University of Budapest; Centre for Social Research of the Hungarian Academy of Sciences).

Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world

Following the constitutional and political reforms in Central and Eastern Europe of the last decade, the time has now come for the whole-scale reform of public administration and the creation of a professional civil service. What is needed is a clear sense of the objectives to be achieved by the administration; and the provision of adequate resources to perform the tasks of public administration. In addition, and perhaps most importantly of all, there must be a sound legal basis for public administration. Recognizing these realities, this book examines administrative law and administrative institutions in Central and Eastern Europe. In a series of case studies, discussing each country in the region in turn, it looks at the ways in which a range of administrative decisions are reached and at how the citizens affected by them are treated. The material for each of the fourteen chapters was collected by a person or persons native to the respective country.

This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state – both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of public authority. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will find this work a valuable addition to their library.