Author: Denis J. Galligan
Publisher: Central European University Press
ISBN: 9633865557
Category : Law
Languages : en
Pages : 449
Book Description
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.
Administrative Law in Central and Eastern Europe
Author: Denis J. Galligan
Publisher: Central European University Press
ISBN: 9633865557
Category : Law
Languages : en
Pages : 449
Book Description
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.
Publisher: Central European University Press
ISBN: 9633865557
Category : Law
Languages : en
Pages : 449
Book Description
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.
World Development Report 2017
Author: World Bank Group
Publisher: World Bank Publications
ISBN: 1464809518
Category : Business & Economics
Languages : en
Pages : 605
Book Description
Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Publisher: World Bank Publications
ISBN: 1464809518
Category : Business & Economics
Languages : en
Pages : 605
Book Description
Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
The Impact of the ECHR on Democratic Change in Central and Eastern Europe
Author: Iulia Motoc
Publisher: Cambridge University Press
ISBN: 1316558835
Category : Political Science
Languages : en
Pages : 559
Book Description
High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
Publisher: Cambridge University Press
ISBN: 1316558835
Category : Political Science
Languages : en
Pages : 559
Book Description
High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
EU Rule of Law Promotion
Author: Marko Kmezic
Publisher: Taylor & Francis
ISBN: 1317140176
Category : Law
Languages : en
Pages : 201
Book Description
Do EU institutions have an influence on the implementation of the rule of law in potential candidate countries and, if so, of what kind? During the compliance monitoring process related to the effective rule of law and democracy the EU Commission tests and criticizes the effectiveness of the judiciary and strengthens the rule of law in preparation for accession. In the Western Balkans this was a process fraught with difficulties. Despite the fact that academic scholarship and democratic politics agree on rule of law as a legitimizing principle for the exercise of state authority, there is no uniform European standard for institution-building or monitoring activities by the EU in this area. With focus on the reform of the judiciary in five case study countries of Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, this empirical research investigates the EU's transformative power with regard to the effectiveness of rule of law and judicial sector reform in its infancy. It analyses the depth and limitations of EU rule of law promotion in the Western Balkans and presents policy recommendations intended to address the shortcomings in judiciary reform. This book aims to fill the gap in the existing academic scholarship of EU politics, law and Western Balkans literature.
Publisher: Taylor & Francis
ISBN: 1317140176
Category : Law
Languages : en
Pages : 201
Book Description
Do EU institutions have an influence on the implementation of the rule of law in potential candidate countries and, if so, of what kind? During the compliance monitoring process related to the effective rule of law and democracy the EU Commission tests and criticizes the effectiveness of the judiciary and strengthens the rule of law in preparation for accession. In the Western Balkans this was a process fraught with difficulties. Despite the fact that academic scholarship and democratic politics agree on rule of law as a legitimizing principle for the exercise of state authority, there is no uniform European standard for institution-building or monitoring activities by the EU in this area. With focus on the reform of the judiciary in five case study countries of Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, this empirical research investigates the EU's transformative power with regard to the effectiveness of rule of law and judicial sector reform in its infancy. It analyses the depth and limitations of EU rule of law promotion in the Western Balkans and presents policy recommendations intended to address the shortcomings in judiciary reform. This book aims to fill the gap in the existing academic scholarship of EU politics, law and Western Balkans literature.
Democracy and Judicial Reforms in South-East Europe
Author: Cristina Dallara
Publisher: Springer
ISBN: 3319044206
Category : Political Science
Languages : en
Pages : 150
Book Description
The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.
Publisher: Springer
ISBN: 3319044206
Category : Political Science
Languages : en
Pages : 150
Book Description
The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.
Judicial Independence in Transition
Author: Anja Seibert-Fohr
Publisher: Springer Science & Business Media
ISBN: 3642282997
Category : Law
Languages : en
Pages : 1367
Book Description
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Publisher: Springer Science & Business Media
ISBN: 3642282997
Category : Law
Languages : en
Pages : 1367
Book Description
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Judicial Reforms in Central and Eastern European Countries
Author: Ramona Coman
Publisher:
ISBN: 9789085846796
Category : Justice, Administration of
Languages : en
Pages : 284
Book Description
Publisher:
ISBN: 9789085846796
Category : Justice, Administration of
Languages : en
Pages : 284
Book Description
Central and East European Politics
Author: Sharon L. Wolchik
Publisher: Rowman & Littlefield
ISBN: 9780742540682
Category : History
Languages : en
Pages : 410
Book Description
This long-needed text explores the other half of Europe, the new and future members of the EU along with the problems and potential they bring to the region and to the world stage. Clear and comprehensive, it offers an authoritative and up-to-date analysis of the transformations and realities in Central and Eastern Europe, the Baltics, and Ukraine. The book presents a set of comparative country case studies as well as thematic chapters on key issues, including European Union and NATO expansion, the economic transition and its social ramifications, the role of women, persistent problems of ethnicity and nationalism, and political reform. For students and specialists alike, this book will be an invaluable resource on the newly democratizing states of Europe.
Publisher: Rowman & Littlefield
ISBN: 9780742540682
Category : History
Languages : en
Pages : 410
Book Description
This long-needed text explores the other half of Europe, the new and future members of the EU along with the problems and potential they bring to the region and to the world stage. Clear and comprehensive, it offers an authoritative and up-to-date analysis of the transformations and realities in Central and Eastern Europe, the Baltics, and Ukraine. The book presents a set of comparative country case studies as well as thematic chapters on key issues, including European Union and NATO expansion, the economic transition and its social ramifications, the role of women, persistent problems of ethnicity and nationalism, and political reform. For students and specialists alike, this book will be an invaluable resource on the newly democratizing states of Europe.
The State of Democracy in Central and Eastern Europe
Author: Ramona Coman
Publisher: Routledge
ISBN: 1317379888
Category : Political Science
Languages : en
Pages : 135
Book Description
The State of Democracy in Central and Eastern Europe brings together scholars specialising in the study of Central and Eastern Europe, and provides a comprehensive analysis of some of the major issues in the democratic make-up of the EU’s new member states. The book covers the main dimensions of the state, and contributors discuss questions about the development of democracy in Central and Eastern Europe over the past twenty years. What is the present state of democracy in Central and Eastern Europe more than twenty years since the end of communist regimes? What is the actual functioning of the political institutions of these countries? How is political participation structured, and what role do political parties play in these democracies? What guarantees are provided to limit governmental powers and abuse? What is the role of the judicial system, and the relationship between justice and politics? How can we evaluate the EU’s influence regarding democratic consolidation? What is the role of the public opinion? This book was originally published as a special issue of Europe-Asia Studies.
Publisher: Routledge
ISBN: 1317379888
Category : Political Science
Languages : en
Pages : 135
Book Description
The State of Democracy in Central and Eastern Europe brings together scholars specialising in the study of Central and Eastern Europe, and provides a comprehensive analysis of some of the major issues in the democratic make-up of the EU’s new member states. The book covers the main dimensions of the state, and contributors discuss questions about the development of democracy in Central and Eastern Europe over the past twenty years. What is the present state of democracy in Central and Eastern Europe more than twenty years since the end of communist regimes? What is the actual functioning of the political institutions of these countries? How is political participation structured, and what role do political parties play in these democracies? What guarantees are provided to limit governmental powers and abuse? What is the role of the judicial system, and the relationship between justice and politics? How can we evaluate the EU’s influence regarding democratic consolidation? What is the role of the public opinion? This book was originally published as a special issue of Europe-Asia Studies.
Judicial Accountabilities in New Europe
Author: Dr Daniela Piana
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496937
Category : Law
Languages : en
Pages : 392
Book Description
This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496937
Category : Law
Languages : en
Pages : 392
Book Description
This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.