Suchergebnisse

The paper achieves an analysis of some issues concerning the changes in the Romanian public administration in the context of integration into the European Union. The most important processes approach Europeanization and its theoretical and practical mechanisms. Concerning the Romanian public administration, the analysis starts with the reform process, on local and national level. The paper reveals the main laws and rules as well as the principles expressed in the administrative change: actuality and continuity, openness and transparency, accountability, efficiency and effectiveness. The paper also achieves a brief analysis of the reform strategies in view of complying with the European Administrative Space.

"Sex Reclassification for Trans and Gender-Nonconforming People: From the Medicalized Body to the Privatized Self" published on by Oxford University Press.

The paper approaches a topic of high actuality concerning the professionalisation of public management, process that could lead to setting up a corps of civil servants, substantiated on meritocratic criteria, political equidistance. In the context of knowledge-based society, the paper presents the organisational perspective and integrates New Public Management in the practice of the public organizations. The evolution from Weberian bureaucracy to New Public Management creates the matrix as basis for structuring in service training strategies of the civil servants as well as for the transfer of knowledge specified in those strategies. The context of the knowledge-based society provides the possibility to describe a structure of the training strategies adapted to the needs and ideals.

The emergence & expansion of the administrative state after WWII has led to the inescapable truth that we live in an age of intense legal discipline at national, regional, & global levels. The globalization of the judicial world has been characterized as "a world historical transformation" involving the "rise of world constitutionalism" that is characterized by de Sousa Santos's interlegality, but globalized as the local legal forms & localizes globally for forms. The distinctive discontinuity & uneven forms of transnationalized legal relations suggest international legal theory is at odds with political realities of nonstate actors & nonstate law that are increasingly authoritative. The opportunities for the emergence of challenges to the statist & territorial foundations of international law provided by the conditions of postmodernity emanate from transnational business corporations, private business associations, individuals, groups, & global social movements. A critical globalization studies in international law should place the starting point of the study of analytical foundations of international law with a view to determining who or what interests are privileged or peripheral eyes by the legal doctrines, scrutinization of substantial areas to determine how marginalized peoples can be brought into the legal order, & analyzing the potential for integrating elements of global civil society into the international legal system through participation in the UN & other law creating bodies. References. J. Harwell

Oradea, an important cultural, economic and administrative town at the
western border of Romania, is known as an academic center since 1780 through its area of
operation for over two centuries of the Academy of Law. The Romanian age of higher education
institutions has proven to be a step in regaining the status of high school like the other existing
universities in the country between the wars. The abolition of the Academy and its merger with the
Faculty of Law of the University of Cluj, in 1934, was a great loss for the city of Oradea, the values gathered during more that two centuries of high school, representing a solid fundament for
the academic education, from this part of the country, after the second world war.

Germany and France offer two different models of political and administrative organisation: a federal state on one side of the Rhine and a unitary state on the other, albeit one that has become more decentralised over the last 40 years. Thus, the French régions have reduced capacities for action compared to the Länder. At the local level, the administrative structure was strengthened in Germany by merging municipalities, whereas France chose to use intermunicipal structures. In contrast to the political and administrative stability in Germany, local and regional organisation in France is constantly evolving, faced with a succession of laws, the pace of which has accelerated over time. The same applies to spatial planning, which has been framed from the outset by the German Grundgesetz (GG - Basic Law), but which has undergone much more evolution on the French side, even if the loi d'orientation foncière (LOF - Basic Land Act) of 1967 and the loi solidarité et renouvellement urbain (SRU - Law on Urban Solidarity and Renewal) (2000) represent two fundamental stages. In both countries, the strategic dimension of planning has been strengthened, and each side has developed its own tools for the management of urban projects.

Germany and France offer two different models of political and administrative organisation: a federal state on one side of the Rhine and a unitary state on the other, albeit one that has become more decentralised over the last 40 years. Thus, the French régions have reduced capacities for action compared to the Länder. At the local level, the administrative structure was strengthened in Germany by merging municipalities, whereas France chose to use intermunicipal structures. In contrast to the political and administrative stability in Germany, local and regional organisation in France is constantly evolving, faced with a succession of laws, the pace of which has accelerated over time. The same applies to spatial planning, which has been framed from the outset by the German Grundgesetz (GG - Basic Law), but which has undergone much more evolution on the French side, even if the loi d'orientation foncière (LOF - Basic Land Act) of 1967 and the loi solidarité et renouvellement urbain (SRU - Law on Urban Solidarity and Renewal) (2000) represent two fundamental stages. In both countries, the strategic dimension of planning has been strengthene, and each side has developed its own tools for the management of urban projects.

A discussion of the requirement to bring national law in line with the acquis communautaire standards as part of Poland's accession to the EU focuses on the acquisition of real estate by foreign nationals. Both the Community standard related to acquisition of real estate by nationals of member states & the current position of Polish law are described to point out changes that will be needed to bring Polish law in sync with EU Community standards. The Polish negotiating position adopted 13 July 1999 is examined, along with changes to the position that were adopted on 14 Nov & 18 Dec 2001. It is concluded that, with the exception of the acquisition of residential premises by foreigners, Polish law is not compatible with the acquis communautaire although the incompatibilities can be overlooked during transitions. Suggestions for ways to bring about full harmonization with Community standards after the transitional periods have elapsed by amending the 1920 law include replacing the licensing procedure with administrative declarations about the intended use of the acquired property. J. Lindroth

"Judicial Controls Over the Bureaucracy" published on by Oxford University Press.

Inside the offices, paper-workers produce and combine documents. Their desks are covered with paper: with files, bundles and briefs. And the production goes on. Solicitors dictate notes, secretaries type letters, and the legal clerks compile sets of evidence. It is exactly through these paper-trails that things are set into motion for the day in court. The analysis of courses of mobilisation provides some potentials for a cross comparative perspective. Crucial here is the hypothesis generating inventiveness of the researcher. Beyond case-related story-telling, there is the need to create analytical devices that open up the micro-perspective. The data logs suggested above are just a starting point on the way to formalisation and generalisation. It remains the most challenging task to change from the single-case perspective to a cross-case or even cross-cultural perspective. Tracing mobilisation is by no means a new approach in social science or discourse analysis. Many of the ideas presented here stem from the empirical work done in interactionist ethnography, ethno methodology and Actor Network Theory. Here, I would like to finish with some observations on the significance of this research methodology for socio-legal studies. How can it profit from this perspective? The proposed research design, first of all, implies a critical reflection on socio-legal studies and its dominant research foci. How is it that either talk or text, either the drama in court or the rules of the books occupied sociolegal attention? Does one, in the text-book manner, need to declare the primacy of either oral or written language in legal discourse? The analysis of mobilisation allows one to transcend these debates. Despite the affinities with workplace studies, ethno methodology, and Actor Network Theory, the analysis of mobilisation is not identical to these fields of research. Tracing mobilisation does not directly aim to grasp the social organisation of the law firm, the solicitor's workplace, or the legal apparatus. It, moreover, focuses neither solely on local events, nor on the institutional talk. But what then does it offer? As I understand it, tracing mobilisation makes accessible representational projects in their socio-material course. The course includes various sites and layers of social praxis such as accumulative file-work, extended correspondence, or relatively self-driven events. This multi-sitedness directs the formation of legal discourse, and the involvement of subjects and objects. As a micro-sociologist, I was firstly interested in how court hearings are interactively accomplished. (text extract)

Der Verfasser führt in das Plenum XII des 32. Kongresses der Deutschen Gesellschaft für Soziologie (2004) ein. Im Mittelpunkt dieses Plenums stand die Frage, welche Beteiligungsrechte aus dem Status als Bürger folgen und wie vollberechtigte Bürgerschaft zuerkannt werden kann. Die drei Beiträge zum Plenum thematisieren (1) den Zusammenhang von Sozialstrukturen, Kultur und Citizenship, (2) das Problem von Staatsbürgerschaft und kultureller Differenz sowie (3) die Praxis der Beteiligung von Bürgern in Anhörungsverfahren bei politisch-administrativen Entscheidungen über industrielle Großanlagen. Die drei Beiträge sind international vergleichend angelegt. (ICE)

"Although in the 1990s Germany played a leading role in transforming justice and home affairs into a major policy-making field for the EU, these areas have been much less Europeanized at the national level than Germany's key role at the European level would suggest. Germany has been quite active-and in some cases, such as Schengen and Europol-also relatively successful in trying to 'upload' domestic preferences and models to the European level. But Europeanization has remained very much a government-led process with hardly any impact on public opinion and society. The 'downloading' has been largely limited to selective legislative changes as a result of the growing EC/EU acquis, and to the increased involvement of administrative and law-enforcement agencies in the European co-operation procedures and structures. One of main reasons for this imbalance between the 'uploading' and 'downloading' dimensions of Europeanization is the limited interest of the political establishment in the Europeanization of internal security issues that are still considered as valuable national 'vote winners'. Another reason is the only recent development and lack of transparency of EU justice and home affairs. In addition, the conservatism of practitioners in ministries, courts, and law-enforcement agencies plays a role. The importance of the Europeanization of parts of the German state should not be underestimated. At the same time, the absence of a wider Europeanization of state and society makes German participation in the further development of EU justice and home affairs unduly dependent on changes in government policy and priorities." (author's abstract)