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Participatory Urban Governance as an Innovation in Institutional Practice of Polish Cities
The problem examined in the paper is part of a broader reflection on public governance, especially in its territorial dimension. The author focuses mainly on the modernisation of the public sector in Poland and the world with regard to the principles of participatory democracy as evidenced by the practice of urban governance. In particular, the author focuses on one of the tools that stimulate participation, i.e. participatory budgeting, which has recently resulted in a breakthrough trend in institutional practice and which can be regarded as an innovation in public governance. The aim of the paper is to examine the impact of the implementation of participatory budgeting on governance in selected Polish cities. The whole analysis is carried out in the context of normative assumptions and the analysed problem highlights the question of the standards of good public governance, which should be respected at the local level. The paradigm adopted by the author reflects the call for the "right to the city for the citizens," i.e. an approach whereby cities should develop not only in order to support the economy but also to be able to meet people's aspirations to a better quality of life.
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Custos de auditoria e governança corporativa ; Audit costs and corporate governance
O serviço prestado pela auditoria independente é fundamental para uma maior transparência e confiabilidade dos relatórios financeiros das empresas de capital aberto. As possíveis ameaças à independência e qualidade das suas análises, os custos dos serviços e a relação com os mecanismos de governança corporativa são temas explorados internacionalmente. Esta pesquisa investiga o tema no ambiente brasileiro, possível a partir da Instrução CVM 480, que tornou obrigatória a divulgação dos valores dos serviços de auditoria e serviços extras contratados junto às empresas de auditoria independente. Com o objetivo de analisar a relação entre governança corporativa, custos de auditoria e de serviços extra-auditoria, foram analisadas as informações disponibilizadas por 131 empresas no primeiro semestre de 2010. As proxies de governança utilizadas foram: desvio de direitos dos cinco maiores acionistas, participação em segmentos diferenciados de governança da Bolsa de Mercadoria e Futuros & Bolsa de Valores de São Paulo (BM&FBovespa), existência de comitê de auditoria e de departamento de auditoria interna. Os resultados apontam para uma relação negativa entre governança e custos de auditoria, sugerindo que, no mercado brasileiro, predomina o efeito risco. Ou seja, melhores práticas de governança reduzem os riscos (judiciais e de perda da reputação) da auditoria externa permitindo a cobrança de valores menores. A literatura internacional não é unânime quanto ao sinal, embora a maioria dos estudos apresente uma relação positiva, a favor do efeito demanda. De acordo com este efeito, melhor governança implica em maiores exigências junto ao serviço da auditoria acarretando elevação dos valores cobrados. A relação encontrada também é negativa entre os valores dos serviços extras e as boas práticas de governança. Apesar de as pesquisas não comprovarem a influência destes custos sobre a perda da independência da auditoria externa, a limitação desta prática é uma tendência entre legisladores e reguladores. ; The service provided by an independent audit is essential to the greater transparency and reliability of the financial reporting of public companies. The topics explored in the international literature include possible threats to the auditors' independence and the quality of their analysis, the cost of their services and their relationship with corporate governance mechanisms. The present study investigates this topic in the Brazilian context. This has become possible following CVM Instruction No. 480, which obligates the disclosure of the costs of audit and non-audit services contracted to independent audit firms. The information provided by 131 companies in the first half of 2010 was analyzed to determine the relationship between corporate governance and audit and non-audit service costs. The proxies for governance that were used are given as follows: the five largest shareholders rights mismatch, the participation in premium listing segments of the Brazilian Securities, Commodities, and Futures Exchange (Bolsa de Mercadoria e Futuros e Bolsa de Valores de São Paulo - BM&FBovespa), the existence of an audit committee and an internal audit department. The results point to a negative relationship between governance and audit costs, which suggests that the risk effect is predominant in the Brazilian market; that is, better governance practices reduce external audit's risks (legal and loss of reputation), thereby allowing them to charge less. Most studies in the international literature show a positive relationship in favor of the demand effect, but this is not consensual. According to this effect, better governance implies greater demands on the audit service, resulting in an increase in the fees charged. The relationship between non-audit service costs and good governance practices is also negative. Although studies have not shown that these costs can contribute to the loss of independence of the external audit, legislators and regulators tend to limit this practice
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Corporate governance e setor empresarial público em Portugal: contributo para um normativo regulador
In: Monografias
Metropolizacja a lokalne governance: globalne wyzwania państwa narodowego na przykładzie V Republiki Francuskiej
In: Prace naukowe Uniwersytetu Śla̜skiego w Katowicach 3199
In: Socjologia
Metropolizacja a lokalne governance : globalne wyzwania państwa narodowego na przykładzie V Republiki Francuskiej
Globalization undoubtedly is one of modern processes which lay foundations for most significant changes to contemporary societies. Social, economic and political phenomena, undergoing within nation-states and independently on them, have become a part of the network of global concerns and relations that the states are able to control no more than in a limited sense. In terms of localness the phenomenon is reflected in the processes of metropolization of urban agglomerations which form their own unique systems of governance. In doing so, they become distinctive laboratories of new forms of government and democracy. The increasing inadequacy of the territorial structure of the state and its institutional systems in terms of network systems and multilevel relations that form new and functional living space for contemporary man are responsible for initiating reforms in states. However, the process of those changes does not go automatically, and it most often stands for a confrontation of the global system imperatives with values, norms and institutions deeply rooted in social structure and shaped in the Westphalian era. Therefore, the search for wise answers to global challenges abounds in diverse results, an example of which may be seen in hybrid territorial units in France which are concomitant with the specific forms of governance that are formed within. Despite the fact that the book deals with French status quo in the main, it touches upon universal issues which concern challenges that modern democratic nation-states have to meet. The book addresses all researchers of contemporary times, who make an attempt to come to deeper understanding of the changes that a modern state and democracy have to face in times when the global system is being shaped. Unique is the fact that this book transcends theoretical digressions being at the same time embedded in the context of a particular society. The conclusions are based on an extensive empirical sources that the author of this book collected while conducting his research in France, where he had the honor of running discussions with French eminent scholars, politicians and people engaged in self-government. According to the reviewer of the book, professor Kazimierz Z. Sowa: "The collected research material presents itself as very interesting and valuable one; additionally its research method makes it a sui generis source of information. [.] The results provide us with a solid amount of knowledge about modern France whose problems go beyond the present ones."
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Wyzwania dla instytucji organu administracji publicznej wypływające z globalizacji, europeizacji i new governance
A paper describes challenges of globalization, Europeanization and new governance towards institution of public administration body (in the fi elds of law and public management). An author mentions basic assumptions of modern public governance and main, significant elements of processes of globalization and Europeanization. It is necessary to consider the legal institution of public administration body (especially in administrative law and science of administration). The paper describes current problems of mentioned topic (such as varied kinds of development and progress – especially connected with information society). The author suggests to appreciate the complex of global values. Finally he describes the aftermentioned phenomenons not only as threats, but also as opportunities. The author recomended to use their to a better development.
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Governança regional: estratégias e disputas para gestão em saúde ; Regional governance: strategies and disputes in health region management
OBJETIVO Analisar o sistema de governança regional em saúde quanto a estratégias e disputas de gestão. PROCEDIMENTOS METODOLÓGICOS Pesquisa qualitativa com gestores de saúde de 19 municípios que integram a região de saúde no estado da Bahia. Foram realizadas 17 entrevistas semiestruturadas com gestores/gerentes (estadual, regional e municipal), grupo focal, observações na Comissão Intergestores Regional e documentos institucionais, em 2012. Foram analisados os componentes político-institucional e organizacional e interpretados pela hermenêutica-dialética. RESULTADOS A comissão intergestores regional foi a principal estratégia da governança regional, sendo ferramenta fundamental para fortalecimento da governança por reunir diferentes sujeitos responsáveis pela tomada de decisão nos territórios sanitários e pela negociação da alocação de recursos e distribuição dos estabelecimentos de uso comum na região. A rotatividade de secretários de saúde, baixa autonomia nas decisões executivas, a qualificação técnica insuficiente para exercício da função e o atravessamento das políticas partidárias na tomada de decisão são fatores que obstruem a comissão intergestores regional às demandas sociais. Recursos financeiros insuficientes não viabilizam o cumprimento da programação pactuada integrada nem o aumento da oferta pública na rede e impunham ao gestor a compra de serviços no mercado privado por valores acima da Tabela do Sistema Único de Saúde. Foram relatados atravessadores contratados para agilizar o acesso aos serviços especializados (diagnóstico, terapêutico e/ou cirúrgico) em outros municípios mediante pagamento direto a médicos por procedimentos já custeados pelo Sistema Único de Saúde. CONCLUSÕES A rede regionalizada de saúde apresenta padrão de governança conflitante e com institucionalidade intermediária. A comissão intergestores regional necessita incorporar, à rotina de gestão, dispositivos mais democráticos que logrem articulação com instituições de ensino, permeáveis às demandas sociais, para definição das políticas regionais. ; OBJECTIVE To analyze the regional governance of the health systemin relation to management strategies and disputes. METHODOLOGICAL PROCEDURES A qualitative study with health managers from 19 municipalities in the health region of Bahia, Northeastern Brazil. Data were drawn from 17 semi-structured interviews of state, regional, and municipal health policymakers and managers; a focus group; observations of the regional interagency committee; and documents in 2012. The political-institutional and the organizational components were analyzed in the light of dialectical hermeneutics. RESULTS The regional interagency committee is the chief regional governance strategy/component and functions as a strategic tool for strengthening governance. It brings together a diversity of members responsible for decision making in the healthcare territories, who need to negotiate the allocation of funding and the distribution of facilities for common use in the region. The high turnover of health secretaries, their lack of autonomy from the local executive decisions, inadequate technical training to exercise their function, and the influence of party politics on decision making stand as obstacles to the regional interagency committee's permeability to social demands. Funding is insufficient to enable the fulfillment of the officially integrated agreed-upon program or to boost public supply by the system, requiring that public managers procure services from the private market at values higher than the national health service price schedule (Brazilian Unified Health System Table). The study determined that "facilitators" under contract to health departments accelerated access to specialized (diagnostic, therapeutic and/or surgical) services in other municipalities by direct payment to physicians for procedure costs already covered by the Brazilian Unified Health System. CONCLUSIONS The characteristics identified a regionalized system with a conflictive pattern of governance and intermediate institutionalism. The regional interagency committee's managerial routine needs to incorporate more democratic devices for connecting with educational institutions, devices that are more permeable to social demands relating to regional policy making.
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System rządów parlamentarnych na obszarze poradzieckim: casus Mołdawii i Łotwy ; The system of parliamentary governance in the post-Soviet area: the case of Moldova and Latvia
The fundamental problem faced by the states that have emerged in the area of the former USSR involved the definition of the desired form of their own political regime. The choices made in this respect in the first stage of political transformation were frequently limited only to the formal stipulation of model legal and constitutional solutions. The post-communist elite wielding power in the new states was characterized by a desire to form a one-man organ of state in the form of a strong president. The absence of democratic traditions and the negative legacy of the USSR have profoundly influenced the processes of shaping the political regimes in the post-Soviet area, and have actually become the predominant reason to legitimize authoritarianism. Only a few states of the former USSR have decided to adopt a model of governance other than a strong presidential system. Latvia deserves attention in this respect, as it has decided to reinstate the tested political principles of the interwar period. In the process of political transformation, the Latvian political elite has opted for the parliamentary system of governance and chose a weak presidency and the primacy of parliament. The transformation process was quickly completed allowing Latvia to be classified today as a non-consolidated democracy. Moldova's adopting the system of parliamentary governance in 2000 was, in turn, an unintentional result of a political conflict caused by the President's endeavors to form a strong presidential system. Moldovan parliamentarianism is a product of a protracted shaping of the institutional foundations of the political system and a byproduct of political competition between the legislative and executive powers. The domination of Communists on the Moldovan political stage, however, resulted in the state's appropriation by one group and President Vladimir Voronin, who enjoyed a great influence exerted both on the parliamentary majority (as the leader of the ruling party) and the government, despite the formal system providing for a parliamentary republic. There emerged a dangerous precedent of the President exceeding his rights and thus becoming the actual leader of a formally parliamentary republic. In the period from 2001–2009, Moldova was a system of controlled democracy where apparently democratic institutions were in fact a cover for undivided, informal power wielded by a small circle. This triggered a social revolution in 2009 and early parliamentary elections, which resulted in a transfer of power and the establishment of a coalition of liberal and democratic parties clearly expressing their intention to implement market reforms and European integration. Despite political obstruction in Moldova's shaping of its political system, the country stands out among the former post-Soviet republics. It is the only state in the Commonwealth of Independent States where a continuous and uninterrupted cycle of the transfer of power by means of elections can be observed to conform to the law and constitution since the country declared independence in 1991.
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Pierwotne i wtórne delegowanie kompetencji w wielopoziomowym systemie zarządzania Unii Europejskiej ; Primary and secondary delegation of power in the Multi-level Governance system of the European Union
The study was prepared on the basis of the Principal-Agent Theory (PAT) and a method that is associated with it. This choice resulted from the major trajectories in the delegation processes, established on the one hand by states playing the role of principals, and on the other – by supranational institutions in their role as agents.The delegation theory explains the relationship between an entity that delegates power and that which is delegated (the receiving power) and helps analyze the phenomenon of the transfer of power between those entities, its reasons, circumstances, stages of the process, the outcomes and proper terminology and typology. This approach is, therefore, based and focused on the theoretical achievements in the area of research into the process of delegating. The delegation theory is actually the focal plane of theoretical approaches concerning delegating with the elements of the selection of the methods and logic of explanation, and so on. In addition to the clarification of the term of delegation of power and its stages, two basic types of delegation are examined, namely: primary and secondary delegation, and their derivatives, including the relationships between them in the multi-level governance of the European Union. ; The study was prepared on the basis of the Principal-Agent Theory (PAT) and a method that is associated with it. This choice resulted from the major trajectories in the delegation processes, established on the one hand by states playing the role of principals, and on the other – by supranational institutions in their role as agents.The delegation theory explains the relationship between an entity that delegates power and that which is delegated (the receiving power) and helps analyze the phenomenon of the transfer of power between those entities, its reasons, circumstances, stages of the process, the outcomes and proper terminology and typology. This approach is, therefore, based and focused on the theoretical achievements in the area of research into the process of delegating. The delegation theory is actually the focal plane of theoretical approaches concerning delegating with the elements of the selection of the methods and logic of explanation, and so on. In addition to the clarification of the term of delegation of power and its stages, two basic types of delegation are examined, namely: primary and secondary delegation, and their derivatives, including the relationships between them in the multi-level governance of the European Union.
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Establishment and coordination of public policy objectives in the multi-level governance. The example of the EU policy against poverty ; Konkretyzacja i koordynacja celów polityki publicznej w wielopoziomowym rządzeniu. Przykład celu Unii Europejskiej w zakresie ubóstwa
Multi-level governance is now an established field of public policy research. In this context there is a need to introduce two new concepts: substantiation of public policy goals and multi- level coordination of public policy goals. In the study based on this assumption a qualitative approach is used. Usefulness of these two concepts was proved by participatory action policy research on one specific goal substantiated and coordinated within Europe 2020 Strategy in the policy area of poverty. In the course of the research (2012-2015) the author was a representative of the network of social NGOs in the governmental body responsible for implementation of the Europe 2020 Strategy in Poland. The main action research tool was an attempt to modify the goal of poverty reduction decided by the government in 2011. In that process rich data was generated, analyzed, interpreted and used for subsequent actions. The effect of the research is a deep insight and understanding of multi-level governance process in a specific policy area and a proposal for two new concepts. Emerging new research areas were proposed and discussed. ; Obszar teorii i badań, którego dotyczy artykuł, to wielopoziomowe rządzenie (multi-evel governance). Celem artykułu jest wprowadzenie do nauki o polityce publicznej dwóch nowych pojęć: konkretyzacja celu oraz wielopoziomowa koordynacja celu. W badaniach ugruntowujących tę propozycję zastosowano podejście jakościowe. Miały one charakter uczestniczący poprzez działanie (participative action research) w ramach praktyki polityki (policy work, policy practice). Autor jako przedstawiciel jednej z sieci organizacji pozarządowych brał aktywny udział w procesie realizacji Strategii Europa 2020 w Polsce w latach 2012-2015. Zasadniczym instrumentem badania uczestniczącego były działania na rzecz modyfikacji celu dotyczącego ubóstwa, który został ustalony przez polski rząd w roku 2011. Pozostałe dane pochodzą z analizy dokumentów i obserwacji uczestniczącej. W ich wyniku możliwe było uzyskanie głębszego zrozumienia procesu wielopoziomowego rządzenia w jednym z obszarów i propozycja nowych kategorii analitycznych. W rezultacie badań wyróżniono kilka faz krajowej konkretyzacji celu oraz dwa okresy wielopoziomowej koordynacji. Zaproponowano nowe kierunki rozwoju badań.
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