Abstract. The Covid-19 pandemic has transformed our society, with administrative procedures – as relationships between public authorities and citizens and businesses – being no exception. Still, the innovative digitalisation of such procedures means the 58 administrative units across Slovenia have been able to develop a responsive administrative system. Using normative, descriptive and statistical research methods, the article identifies the relevant drivers and barriers, like user demands leading to a more responsive service, the lack of legal bases, and the top-down approach discouraging progress. Correlation analysis shows that digitalisation also holds important positive implications for the principles of good governance. Moreover, larger administrative units are more likely to achieve a higher degree of digitalisation and hence better public governance. The findings are useful for designing evidence-based public policies to properly respond to pandemic-associated challenges. Keywords: public administration, administrative procedures, Covid-19, good public governance, innovation, digitalisation, Slovenia
La tesi affronta il tema dell'abuso del processo all'interno del sistema penale italiano, tentando una ricostruzione che, muovendo dal piano interno, adotta come ulteriori punti di riferimento l'indagine comparatistica (in particolare, diretta verso il sistema anglosassone) e l'analisi sintetica della nozione di Abuse of Right a livello sovranazionale (più nello specifico, con riguardo alla Convenzione europea dei diritti dell'uomo e delle libertà fondamentali e alla Carta dei diritti fondamentali dell'Unione europea). Da una ricognizione dello scenario maturato nel sistema interno, si tenta di tracciare una delimitazione dei connotati della categoria dogmatica in oggetto (attraverso l'analisi, in particolare, della pronuncia della Suprema Corte (Sez. un., 29 settembre 2011 (dep. 10.1.2012) n. 155, Rossi). Si prosegue con lo studio comparatistico: il sistema preso a modello è quello anglo-gallese, con uno studio diretto ad evidenziare punti di divergenza e, al contempo, l'esistenza di tratti comuni che possano consentire un'eventuale mutuazione delle soluzioni adottate in quella sede. Si procede con la ricognizione del panorama normativo ed interpretativo sovranazionale in materia: i summenzionati testi legislativi rendono contezza del radicamento di tale categoria anche a tale livello, palesando concretamente l'idea della necessità di un adeguamento interno in materia. Le riflessioni finali convergono in una critica delle impostazioni giurisprudenziali emerse nell'ordinamento italiano e dei limiti dell'inquadramento offerto, nonché dell'incapacità della categoria dogmatica così elaborata di offrire adeguate soluzioni ai reali generati dall'abuso del processo; donde la necessità di pervenire alla prospettazione di un diverso paradigma della nozione, secondo una ricostruzione che, pur non negando l'essenzialità del principio di stretta legalità in ambito processuale, ne concepirebbe un temperamento, con l'ipotesi di una elaborazione per via interpretativa di una clausola generale di divieto di abuso, diretta ad offrire una risposta sia agli eventuali comportamenti scorretti dell'accusa (capaci di minare alla radice le garanzie della difesa), sia a quelli dell'imputato. ; The thesis faces the topic of the abuse of process within the Italian criminal system, through an analysis which, moving from the national view, adopts as further points of reference the comparative research (particularly, focused on the England and Wales legal system) and the synthetic analysis of the notion of Abuse of Right on to international level (more in the specific one, with respect to the European Convention of the Human Rights and the Fundamental Chart of Human Rights). From a recognition of the scenario, matured in the italian system, I attempt to trace a delimitation of the essential elements of the dogmatic category (through the analysis, particularly, of the pronunciation of the Supreme Court (Sez. Un., September 29 th 2011, Rossi). The research keeps on with the comparative perspective: I focus the England and Wales system, with a study aimed at highlighting points of divergence and, at the same time, the existence of common traits that may allow to mutuate solutions adopted in that headquarters. Therefore, I conduct a recognition of the international legal scenario and interpretative panorama on the subject is made. Final reflections converge in a critique of the jurisprudence made in Italian law and of the limits of the framing offered, as well as of the inability of the dogmatic category so elaborated to offer appropriate solutions to the real problems generated by the abuse of process and, perhaps, the necessity to come up with the prospect of a different paradigm of the notion, according to a reconstruction that, while not denying the essence of the principle of strict legality in a procedural context, would conceive of a temperament of it, intended to offer an answer to any untrue behavior of the prosecution (capable of undermining the defense's defense), as well as those of the defendant.
Participatory processes are becoming widely established in areas such as policy and planning. They promise to achieve more inclusive, sustainable, and democratic outcomes. However, this is often only an ideal that is not achieved in reality due to dynamic power relations that shape planning practice in various forms. Moreover, planning contexts differ between countries, producing different power dynamics that affect participatory processes. Planners have an essential role in identifying and facilitating different power relations, so their role is often linked to guiding participatory planning processes towards more balanced outcomes. Yet, the issue of power is insufficiently addressed and analyzed in the planning literature of the Global North and the Global South. To contribute to the discussion on power in participatory planning in the Global South and beyond, this study investigated how planners understand and experience power in Latin America. Therefore, interviews with planners from Argentina, Bolivia, and Colombia were conducted. Their practice stories were analyzed by drawing on the framework of the three dimensions of power. After being introduced to the three dimensions of power, they could relate to the second and third dimensions of power to varying degrees through their practical experience. The planners' practice stories illustrate how power can be exercised differently in the three dimensions and in the interplay of these dimensions in participatory planning processes. The practice stories make less visible power exercises in the second and third dimensions in planning practice more visible. Thus, they provide practical examples for planners that can promote reflection and understanding of how power works in practice. Furthermore, the findings point to the importance of looking beyond the formal, invited spaces of participatory planning processes and considering exercises of power that take place outside of planning processes. Therefore, the value of this work is that it provides valuable insights ...
This article focuses on administrative reforms in two countries of the Western Balkans – Croatia and Serbia – within the context of democratization and Europeanization processes. It explores, in particular, the administrative simplification measurdes and regulatory reforms that have been undertaken by the two countries in order to reduce administrative burdens on both businesses and citizens, and improve public governance and regulatory quality. In this article, particular attention is given to the progress reached by Croatia and Serbia in establishing the one stop shop principle and e-Government services. The main aim of the article is to verify the impact of the EU integration on administrative simplification measures, especially in the areas of administrative procedure and relationships between public administration and citizens.
Along several legislative interventions, following the Covid-19 pandemic, simplification Decrees (i.e. Decreto Semplificazioni and Semplificazioni bis) have made even permanent changes to the law on administrative procedure, law no. 241/1990, intervening in the public-private relationship, constantly evolving. Observing the articles of the law concerned by the reforms, attention is focused on the persistent decisory self-protection recognized to the public administration even in the emergency, proof of the inexhaustibility of administrative power. The need to achieve the public interest, even in the contemporary crisis of state sovereignty, is inevitably based on the principle of legality, which becomes more properly in "legality-justice". ; Tra i numerosi interventi legislativi, a seguito della pandemia da Covid-19, rilevano i decreti-semplificazione che hanno apportato modifiche anche permanenti alla legge sul procedimento amministrativo, l. n. 241/1990, intervenendo nel rapporto pubblica amministrazione-privato, in costante evoluzione. Ripercorrendo gli articoli della legge interessati dalle riforme, viene focalizzata l'attenzione sulla persistente autotutela decisoria riconosciuta alla pubblica amministrazione anche nella situazione emergenziale, prova dell'inesauribilità del potere amministrativo. La necessità di perseguire l'interesse pubblico, anche nella contemporanea crisi della sovranità statale, trova fondamento inevitabilmente sul principio di legalità, che declina più propriamente nella "legalità-giustizia".
Agamben's paradoxical treatments of potentiality seem to leave little room for any robust theory of the subject, political or otherwise. His Aristotelian conception of potentiality entails, in the highest instance, "that potentiality constitutively is the potentiality not to (do or be)," which suggests that even if potential is realized, it is realized only by its lack of activity. Agamben's Aristotelianism is a thread that runs throughout his work, and by looking back to The Man Without Content, particularly his discussion of Marx, it is clear that the framework of potentiality means that it is impossible for him to see in Marx anything other than an odd combination of a "metaphysics of will", and man simply as a kind of natural, living being. This in turn shapes his later discussion in Homo Sacer of the entry of zoe into the polis, which founds Agamben's entire claim vis-a-vis bare life. His wager, namely that the question "In what way does the living being have language?" corresponds exactly to the question "In what way does bare life dwell in the polis?", equates the living being with its political, linguistic, and natural potentialities so completely that there seems to be no room for any kind of historically anomalous or collectively unprecedented subject, one that would break with history or disrupt everyday order. Agamben's work could easily be criticized from the standpoint of a Marxism that would stress the constructed nature of human potential and the necessity to think through forms of organization from within shifts in the nature of work. However, in order to stay closer to Agamben's Aristotelianism, it is far more productive to compare him to a thinker for whom questions of linguistic capacity and politics are also central, and also stem from a certain complex relation to naturalism, namely Paolo Virno. This paper will thus, via a careful reading of Agamben's Aristotelian conception of praxis and potentiality alongside Virno's work on the relation between language and labor, demonstrate the constitutive reasons why Agamben cannot consider any kind of substantial notion of the subject, and why Virno's more nuanced conception of capacity, which draws upon both rationalist and naturalist theories of the subject might constitute a more relevant alternative. Adapted from the source document.
In modern realities the study of the processual form of administrative proceedings under quarantine caused by COVID-19 is important due to the increased need to protect the rights, freedoms and legitimate interests of individuals. The purpose of the study is to analyze the modern processual form of administrative proceedings and the compliance of law modifications with the quarantine conditions caused by COVID-19. The methodological basis of the study represents a set of updated methods of scientific research. The use of formal-logical and structural-functional methods allowed to highlight the elements of the processual form of administrative proceedings and to characterize the main aspects of their transformation, including processing in the quarantine period and restrictions caused by COVID-19. It is of interest to analyze the introduction of an electronic court, electronic exchange of processual documents, as well as participation in court sessions in the mode of the videoconference. With the help of the modeling method the disadvantages and risks of taking part in court sessions in the mode of the videoconference are highlighted. System analysis contributed to the consideration of the processual form as the most distinctive feature of administrative proceedings. The study revealed that the processual form of administrative proceedings had undergone particular fragmentary changes due to the test launch of individual subsystems of the Unified Judicial Information and Telecommunication System (UJITS) (as example: "E-Court") and the introduction of taking part in court sessions in the mode of the videoconference. It has been found that in the present realities, the processual form of administrative court proceedings needs further modifications aimed at ensuring the flexibility and a high degree of adaptability of legislative assistance to new conditions of implementation, allowing to guarantee the observance and protection of the rights, freedoms and interests of citizens whenever previously used methods and ...
Raitasalo, J.; Sipilä, J.: Reconstructing war after the Cold War. - S. 1-24 Jeppsson, T.: Asymmetrisk krigföring : en aktuell krigföringsform. - S. 25-62 Rantapelkonen, J.: Information power vs military power. - S. 63-82 Mäkelä, J.: Combating terrorism in Nordic countries : a comparative study of the military's role. - S. 83-150 Mohlin, M.: Private military companies : a new strategic tool. - S. 151-164
This thesis aims to deepen the understanding of entrepreneurship as an ideal and practice in local government administration. Organization, practices and the roles of civil servants in public administration are all grounded in certain ideals of what a modern public administration should look like. In order to capture the relationship between ideals and practices in local government administration, this introductory essay takes its point of departure in an institutional logic perspective. Entrepreneurial practices are well documented in a public administration context. Both civil servants and organizations can be more or less creative, alert and energetic, in other words more or less entrepreneurial. However, practices such as these are often understood to derive from the motives, driving forces and extraordinary characteristics of the specific actor. By contrast, this thesis aims to contribute to the literature on public administrative trends and reforms, by discussing entrepreneurship in terms of institutionalized ideals and patterns of action, i.e., institutional logics. The analysis is based on empirical studies of local development work in ten Swedish municipalities. The research design is grounded in an interpretative ethnographic approach and the development projects in each of the municipalities were closely followed for three years. Local development work is studied as a policy field where entrepreneurial ideals and practices are likely to arise, making it a suitable subject for studies that aim to deepen the theoretical understanding of entrepreneurship in a public administration context. The thesis demonstrates how an entrepreneurial logic is institutionalized in local government development work and embedded in governance and administrative practices as a natural consequence of certain contemporary reforms and trends in local policy and administration.Through ethnographic studies of local development work, the ideals and practices of the entrepreneurial logic are made visible. The entrepreneurial logic is contrasted to the still prevalent and institutionalized bureaucratic- rational administrative logic. These two logics are in many respects the logical opposite of one another and provide different answers to the question of which administrative practices are appropriate. The thesis makes three contributions to different theoretical discussions. First, the clarification of the entrepreneurial logic helps both researchers and practitioners make sense of and bring conceptual order to the messy practices of local development work. Second, the entrepreneurial logic expands the concept of entrepreneurship in a public sector context by viewing entrepreneurship as an institutional phenomenon rather than a phenomenon that represents a break from traditional institutions. Third, the entrepreneurial logic sheds light on institutionalized administrative ideals and practices that potentially imply major changes in public administration legitimacy, values and norms.
