Administrative legitimacy and the democratic deficit of the European Union
In: Journal of European public policy, Volume 25, Issue 3, p. 389-408
ISSN: 1466-4429
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In: Journal of European public policy, Volume 25, Issue 3, p. 389-408
ISSN: 1466-4429
In: "From the 'Democratic Deficit' to a 'Democratic Surplus': Constructing Administrative Democracy in Europe" (Oxford University Press, 2017)
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The establishment of independent administrative courts at the beginning of 2020 was repealed by Parliament, including the underlying constitutional provisions, it is still the ordinary courts (including the Supreme Court – Curia) that handle legal disputes of administrative nature. The article introduces the historical model of Hungary's administrative justice (between 1884 and 1949), emphasising its limited use as an example for the current challenges. We cannot speak of continuous historical evolution. It is more accurate to talk about fragments or fragmented short time periods. The changes and reform plans from 27 February 1884 (the "birthday" of Hungary's administrative justice) are analysed in the article. The different proposals from the jurisprudence and the only administrative court itself are explained in detail. The role similar to the constitutional courts aspired by the administrative court is also examined. An important declaration from all of the judges of the administrative court (in 1947), according to which the court would not apply legal regulations violating a person's natural and inalienable rights listed in the Act I of 1946, is also analysed.
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In: Oxford scholarship online
In: Political Science
This text informs current understandings of regulatory agency operations and institutional design by drawing on an original dataset of public consultations and interviews with agency officials, industry and consumer group representatives in Paris, Athens, Brussels, and London. The on-the-ground original research provides a strong foundation for the directions the case law could take and small- and larger-scale institutional reforms that balance the goals of democracy, accountability, and efficiency
In: The American review of public administration: ARPA, Volume 51, Issue 6, p. 467-481
ISSN: 1552-3357
Policy implementation deficits tend to emerge and expand as implementation moves downward through multilevel administration. This article uses China as an example and examines its policy implementation at both its provincial and prefectural levels under the administrative intermediaries reform policy. By analyzing data from 225 prefectures in China and their component provinces, we identify two types of implementation deficits: deficits pro forma and substantive deficits. We highlight three factors mitigating both types of deficits and their exacerbation from the provincial level to the prefectural level: self-imposed requirements, top-down pressure, and demonstration effects from upper levels. We find that while self-imposed requirements have no binding effect, rigid executive directives from upper levels have the strongest effect on deficits mitigation while demonstration effects also play an important role in deficit reduction. Our research contributes to the implementation literature by distinguishing between pro forma and substantive deficits and by focusing on the middle layer of government as well as the phenomenon of deficit exacerbation across layers.
In: Administrative Law Review
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In: The developing economies, Volume 30, Issue 4, p. 430-449
ISSN: 0012-1533
This paper studies the relation between central and local government finances in Argentina. It first gives a brief account of the administrative organization in the country, then examines its fiscal structure, focusing on the composition of expenditures, revenues, and the public deficit. It concludes by analyzing the transfer system that shifts funds from the central to local governments, paying special attention to the revenue sharing law of 1987
World Affairs Online
In: 45 American Journal of Law & Medicine 130 (2019)
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This paper studies the sustainability of the Ottoman budget for the period from 1680 to 1747, during different sultanates and war eras. Moreover, we investigate whether the relationship between government revenues and expenditures changes in the period of culus. The empirical evidence gathered in this paper suggests that during the sample period, except for the sultanate era of Mahmut I, the Ottoman budget was not sustainable. The other interesting result of the study is that culus payments had a significant tax increasing effect. Moreover, the distribution of culus deteriorated the sustainability of budget.
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In: ODTÜ gelişme dergisi / Orta Doǧu Teknik Üniversitesi, Iktisadi ve Idari Bilimler Fakültesi: METU studies in development / Middle East Technical University, Faculty of Economic and Administrative Sciences, Volume 13, Issue 1, p. 117-134
ISSN: 1010-9935
World Affairs Online
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Working paper
Economic globalization has had a chilling effect on democracy since markets now do some of the work that governments used to do through the political process. More than two decades of deregulation have made a healthy economy appear to depend on unrestrained markets. But appearances are misleading-globalization is also a legal and political process. The future of democracy in the twenty-first century depends on the ability of citizens to reclaim a voice in taming globalization through domestic politics and law reform. "The book's topic could not be more important: how do we adapt contemporary democratic governance- and contemporary administrative law- to the challenge of a globalizing world?"-Kal Raustiala, UCLA School of Law Can citizens govern globalization? Aman argues that they can, and that domestic law has a crucial role to play in this process. He proposes to redefine the legal distinction between public and private to correspond to the realities of the new role of the private sector in delivering public services, and thereby to bring crucial sectors of globalization back within the scope of democratic reform. Basing his argument on the history of the policies that led to globalization, and the current policies that sustain it, Aman advocates specific reforms meant to increase private citizens' influence on globalization. He looks at particular problem areas usually thought to be domestic in nature, such as privatization, prisons, prescription drugs, and the minimum wage, as well as constitutional structural issues such as federalism and separation of powers
Cover -- CONTENTS -- CONTEXT: STRONG REBOUND AMID GROWING RISKS -- DEVELOPMENTS: THE ECONOMY OPERATING AT FULL EMPLOYMENT -- MANY RISKS SURROUND THE BASELINE -- A. Rising Trade Tensions -- B. Sharper-Than-Expected Tightening of Global Financial Conditions -- C. Sharp Slowdown in the Property Market -- D. Slowdown in Mainland China -- E. Amplification of Risks Scenario -- SIGNIFICANT BUFFERS IN PLACE -- POLICY CHALLENGES -- A. Ensuring Continued Financial Stability -- B. Containing the Housing Market Boom -- C. Preserving the Exchange Rate Arrangement -- D. Ensuring Fiscal Sustainability -- E. Bolstering Long-Term Growth Prospects -- STAFF APPRAISAL -- BOXES -- 1. Amplication of Risks Scenario for Hong Kong SAR -- 2. Financial Conditions and Growth at Risk -- 3. Greater Bay Area: Opportunities and Challenges -- FIGURES -- 1. Strong Rebound in Growth -- 2. Strong Fiscal Position but Spending Pressures Loom in the Medium-Term -- 3. Housing Boom Continues Despite Tight Macroprudential Settings -- 4. The Linked Exchange Rate System Has Operated Smoothly -- 5. Debt Vulnerabilities -- 6. Exposures of Hong Kong SAR -- TABLES -- 1. Selected Economic and Financial Indicators, 2015-23 -- 2. Balance of Payments, 2015-23 -- 3. Consolidated Government Account, 2015-2023 -- 4. Monetary Survey, 2013-19 -- 5. Vulnerability Indicators, 2013-18 -- APPENDICES -- I. Risk Assessment Matrix -- II. Debt Sustainability Analysis -- III. External Sector Assessment -- IV. Implementation of the 2014 FSAP Recommendations -- V. Summary of Macroprudential Measures Introduce Since 2009 -- VI. Main Recommendations of the 2016 Article IV Consultation -- CONTENTS -- FUND RELATIONS -- STATISTICAL ISSUES
In: GOVERNMENT BY CONTRACT, Jody Freeman and Martha Minow, eds., Harvard University Press, 2009
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