Suchergebnisse

The debate over the question of the sustainability of development has been for some time underway in relation to the environment and to public health. More recently attention has turned to other aspects of sustainability as well, now that a generally accepted meaning of the term has been reached which defines it as the sum total of policies for satisfying the needs of the present generation without compromising the capacity of future generations to satisfy their own needs. Within this broader context the role of public administration is obvious. One of the key questions that this volume has attempted to provide an answer is: can the European vision hold true in the same terms for Italy as well? - The debate over the question of the sustainability of development has been for some time underway in relation to the environment and to public health. More recently attention has turned to other aspects of sustainability as well, now that a generally accepted meaning of the term has been reached which defines it as the sum total of policies for satisfying the needs of the present generation without compromising the capacity of future generations to satisfy their own needs. Within this broader context the role of public administration is obvious. One of the key questions that this volume has attempted to provide an answer is: can the European vision hold true in the same terms for Italy as well?

During the 1990s, attention pivoted on Reform in the Public Administration (PA) relative both to the functional and organizational capacity of the Institutions and Administrations and to wider citizen participation in the diffusion of new technologies. At the same time, the Institutions began to privilege principles of efficiency, efficacy and economicity in public action. In particular, reduction in management costs were highlighted while the foundations were laid for processes of administrative simplification and the development of the "digital State ". At European and national scale, the notion of e-Government was far-reaching and inclusive of a series of policies linked to the introduction of ICT (organizational, technological, formative/performative, infrastructural and information technology solutions), in order to collect, conserve, process and transmit (textual, visual or audio) digital information. The focus of the e-Government concept targeted four objectives: 1) collecting and storing massive quantities of information within a confined space; 2) processing and transmitting information more speedily; 3) the exchange of information (interoperability) using diverse techniques and language; 4) the conservation and security of information, content and the impact of digitising modes and processes. Notwithstanding, a decade later e-Government policies of the latest generation still pivot on the delicate issue of interoperability which goes far beyond technical problems of connectivity and language. The impact of the economic recession in Italy (still ongoing) as can be envisaged, has had disastrous results on the productive and social fabric of the country. Planning to resolve governance issues in the Italian Public Administration through innovative policies and strategies of global development such as Structural Funds – Europe 2020 Strategy is vital to support the Digital Agenda, innovation and private sector industrial research while the diffusion of tecnological enterprise is necessary to boost competitiveness and a new culture of systemic actions to foster structural impact. Within this strategic vision, one of the core issues concerns a more virtuous alignment with European policies, well defined in the Strategy Horizon 2020, the main European Union funding tool for Research Europa envisaged for the period 2014-2020.

The essay aims analysing the defining features of the organisational models of Agencies and of Independent Administrative Authorities thought the comparison between AIFA (Italian Medicines Agency) and AGCM (Italian Competition Authority), two structures traditionally traced back to each of those models. The analysis focus on the interest institutionally protected by each structure and on their relationships with Government. The comparison seems to be particularly relevant because of the recent case law putting into question the defining characters of the two public entities analysed. ; Lo scritto riflette sulle caratteristiche distintive dei modelli organizzativi delle agenzie e delle autorità amministrative indipendenti attraverso il confronto tra due strutture che vi sono rispettivamente riconducibili: AIFA e AGCM. Particolare spazio è dedicato ai profili dell'interesse istituzionalmente perseguito da ciascuna struttura e ai relativi rapporti con il Governo. L'interesse per il confronto proposto risulta confermato da alcune recenti pronunce giurisprudenziali che sembrano mettere in discussione la natura giuridica degli enti analizzati.

The development of the emergency has inevitably reflected on the concept of law, as a category that expresses how the entire regulatory system is interpreted and implemented. The public interest has suddenly shown itself as in need of concrete definition, underlining its being inextricably linked to the effective satisfaction of the needs of the community. The expectations of the sovereign people have focused on the constitutional Text and on the need for serious planning of its implementation. An approach is sought within a new logic that abandons the primacy of liberalization, market and efficiency to bring attention back to the person in his entirety and, in particular, to the set of freedoms and fundamental rights that the legal system recognizes and undertakes to guarantee. The role of programming becomes undeniable which, starting from the analysis of the needs of the community, allows the administrative activity to be set up in the best possible way in order to satisfy the public interest. PA PERSONA E AMMINISTRAZIONE Ricerche Giuridiche sull'Amministrazione e l'Economia 200 Serious planning could constitute that objectivity parameter that can allow the control of political and administrative activity in order to guarantee not only the legitimacy of the actions but also their compliance with the dutiful implementation of the Constitutional text. Faced with a perceived misalignment between power and responsibility, the writing is aimed, retracing the furrow traced by the miller of Postdam, to seek the judge of Berlin ; Lo sviluppo dell'emergenza si è inevitabilmente riflesso sul concetto stesso di diritto, quale categoria che esprime come l'intero impianto normativo è interpretato ed attuato. L'interesse pubblico si è improvvisamente mostrato come bisognoso di definizione concreta, sottolineando il suo essere inscindibilmente legato all'effettivo soddisfacimento dei bisogni della collettività. Le aspettative del popolo sovrano si sono concentrate nel Testo costituzionale e sulla necessità di una seria ...

International audience ; The term e-procurement indicates a set of technologies, procedures, operations and organizational methods that allow the acquisition of goods or services online, thanks to the possibilities offered by the Internet and electronic commerce. Originally widespread in the private business sector, following the adaptation of the Italian PA to the prospects of e-government, this form of procurement of goods and services has entered the public sector. In the perspective of modernization of the Italian public administration, new technologies represent the key to the new public governance strategy for post-pandemic recovery. But this only if Italy will be able, in the next few years, to align itself with the digital reorganization of the public sector.

This paper aims to discuss the model of administration for public purposes from the point of view of the complex dynamic between public finance choices, administrative organization, and the protection of constitutionally guaranteed rights. Starting from the analysis of the constitutional foundations of the power of organization and financial sovereignty, after framing the function of financial constraints from the perspective of popular sovereignty, the objective of the article is to evaluate the implications of the public financial law on the protection of the fundamental rights of the person and, consequently, on the choices concerning the organization called to give protection PA PERSONA E AMMINISTRAZIONE Ricerche Giuridiche sull'Amministrazione e l'Economia 272 to them, according to a discursive-rational paradigm. Through the criticism of the thesis of financially conditioned rights, developed in the wake of the jurisprudential orientation that recognizes the existence of a minimum nucleus of social rights that have to be satisfy, and the recognition of the existence of different legal situations directly operating by the citizen in relation to the exercise of the power of organization, the author proposes a rereading of the political and administrative dynamics concerning the protection of the fundamental rights of the person, framing them within the framework of a legal-institutional dialectic based on criteria of economic rationality and the principle of loyal collaboration. According to the Author, the correct understanding of this dialectic is the necessary prerequisite for the rethinking of the administrative organization according to the objective perspective of the administration for public purposes. ; Il presente lavoro intende discutere il modello dell'amministrazione per fini pubblici dal punto di vista della complessa dinamica che intercorre tra scelte di finanza pubblica, organizzazione amministrativa e godimento dei diritti costituzionalmente garantiti. Partendo dall'analisi dei fondamenti ...

It is certainly true that the freedom and the protection of the individual's fundamental legal principles against public authority are ensured by the existence of an administrative procedure, equipped with appropriate legal instruments which guarantee the right to adversarial procedure PA PERSONA E AMMINISTRAZIONE Ricerche Giuridiche sull'Amministrazione e l'Economia 176 with the public administration. For this reason, and rightfully so, the science of administrative law has worked towards rebuilding the proceeding for many years, in the light of the guarantees offered by the procedure, thus catching up with the considerable delay on foreign states. It is sufficient to refer to the experiences of Austria, and above all England, where the lengthy case[1]law construction of the administrative proceeding on the model of the administrative procedure was first established at the end of the 18th Century. A cultural rather than scientific operation, which however has often neglected the strong impact of the administrative organization on the procedure; ultimately, when someone makes a claim towards the public administration, they come in contact with the administrative organization, and to be part (or rather, to be concerned) in a public procedure is actually to be exposed to the constraints that the organization can exert on the proceedings. In that sense, to think of administrative activity and administrative organization as two separate entities may be detrimental to the effective protection of the individual's claims. The Constitutional legislator was so aware of such risk that he provided, in article 97, subparagraph 2, that the administration must be adequately organized, as to guarantee its proper functioning and impartiality. Along this line, the perennial and equivocal relationship between politics and administration (to which the legislator somehow attempted to provide a solution, notably with the distinction between political and administrative activity) is substantial, but more than that, the structure of ...

Public administration, strategic management and organizational behaviour have found an intersection in behavioural microfoundation of dynamic capabilities. The aspects are treated through literature reviews and empirical analyses. The attention is on public organizations. Municipalities are characterized by proximity to external stakeholders and the possibility to apply strategic concepts, such as dynamic capabilities. Two dynamic capabilities are relevant: innovation and ambidexterity. The thesis defines these constructs and studies their antecedents. In microfoundation, two major fields are cognitive capabilities and social capital. A survey is administered in Italian local governments. Data collection is significant: 551 municipal employees working in 50 municipalities. The results confirm that cognitive capabilities, mindfulness and political skills, and social capital, internal and external, may have positive effects on individual dynamic capabilities in local governments.

In two articles the author presents some key elements from his recently completed thesis about functional, non-intrusive information infrastructures for interorganisational public policy implementation. The development of these information infrastructures requires a new approach, chain-computerisation, based on new concepts and practices. This methodology is vital for public administration, if the problems associated with interorganisational policy implementation are to be overcome. Chain-computerisation recognises the impossibility in many interorganisational settings of implementing government policy, because no single organisational actor has authority over the system. Thus, for example, a Dutch requirement that prisoners serving longer prison sentences must notify the Benefits system so that benefit paid can be adjusted, cannot be enforced because this multi-agency setting is too complex to allow adequate co-ordinated control. What is needed is an informational solution which automatically signals to the Imprisonment system that a prisoner is receiving benefits. Such highly automated communication systems can also protect privacy, in this particular example by signalling that a note must be sent by the prisoner to his benefit agency rather than by triggering enforcement by the Imprisonment system without the prisoner concerned knowing it. This methodology can be seen as emerged from 'lessons learned' during the period that the author was responsible for the development of information policies at the Dutch Ministry of Justice. Chain-computerisation is explained here by means of examples taken from the penal and social welfare systems, but it should be emphasized that the methodology of chain-computerisation can be applied to many other situations where public policy is to be implemented by close co-operation of many autonomous public and private organisations.

Pubblicato per la celebre collana Institutional Analysis della University of Michigan Press, questo testo è il secondo di tre volumi antologici che raccolgono alcuni dei contributi più rilevanti del Workshop in Political Theory and Policy Analysis. Animato da Elinor Ostrom - vincitrice del prestigioso 'Frank E. Seidman Distinguished Award in Political Economy' - presso l'Università dell'Indiana (USA), il Workshop è al centro di una rete internazionale di scienziati politici, sociologi, economisti ed antropologi che usano l'analisi istituzionale per studiare i beni pubblici ed i problemi della governance (.).

Pubblicato per la celebre collana Institutional Analysis della University of Michigan Press, questo testo è il secondo di tre volumi antologici che raccolgono alcuni dei contributi più rilevanti del Workshop in Political Theory and Policy Analysis. Animato da Elinor Ostrom - vincitrice del prestigioso 'Frank E. Seidman Distinguished Award in Political Economy' - presso l'Università dell'Indiana (USA), il Workshop è al centro di una rete internazionale di scienziati politici, sociologi, economisti ed antropologi che usano l'analisi istituzionale per studiare i beni pubblici ed i problemi della governance (.).

The aim of this work is to present and investigate a model that departs from three considerations. First, fiscal policy and debt sustainability are two sides of the same coin: the former is the policy instrument that government manages in the present time to achieve its social objectives, whereas, the latter is the repercussion of the former in the long run. Second, fiscal policy has a direct impact on industries capital accumulation because it affects the available income and, therefore, their savings; such an impact can be evaluated through the intertemporal optimization of industries saving decisions. Finally, fiscal policy has to be characterized on both the revenue and the spending side: revenues are determined through a unique tax rate, while spending is represented as an industry-based subsidy with a fixed fraction, Φ, that must be re-invested in capital. The production function in each industry is assumed AK and investment is subjected to quadratic adjustment costs. The consequences of assuming a convex adjustment cost function are twofold: the model does not display growth in the long run and the invested capital due to the public incentivization program hyper-crowds out private saving, consequently the optimal Φ is 0. Another advantage, due to the simplicity of the framework, is that the notion of debt sustainability, contrary to the majority of literature on fiscal policy sustainability, is defined unambiguously therefore it is always possible to determine whether a certain public debt can be sustained. In section 4, the model is solved as a Nash bargaining problem by assuming an explicit welfare function and it is found that the optimal government size results undetermined whenever the optimal Φ is 0. However, in the conclusions, it is proposed a way to modify slightly the model in order to overcome the problem of the hyper-crowding-out and letting the designed public program of capital incentivization work effectively.