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The function and role of legal expert at ministry level of European states is very different. The following considerations focus on two major states of central European administration style, France and Germany.
From a democratic perspective, the replacement of government or parliament by a public manager to enforce budget discipline marks a serious intervention. Transferred to the local level, the replacement of the mayor and the council in three German municipalities by a state official (a so-called state commissioner) in recent years has raised questions about the legi-timacy and adequacy of such a strong interventionist instrument. One crucial answer to be given to this legitimacy issue concerns effectiveness, in other words whether the instrument can fulfill its designated task by improving the local fiscal situation since the fiscal success of the commissioner is a basic prerequisite for legitimacy. By using a time-series approach of the synthetic control method (SCM) and constructing a synthetic comparison case to the town of Altena, an answer regarding the commissioner’s potential to reduce the short-term debt can be given. The commissioner was successful in limiting the debt increase and seems to have reversed the debt trend. This finding supports the effectiveness of rather hierarchical instruments for ensuring fiscal discipline at the local level and thereby adds to broadening the international public management literature on municipal takeovers.
Severe fiscal pressure experienced by some German municipalities has led to a shift in the way municipalities are controlled by the responsible state governments. Instead of purely relying on a system of approving budgets and borrowing, some states have established debt relief programmes which combine grants and sanctions, or even sent austerity commis-sioners who take over responsibilities of councils and mayors. Whether these are deemed proportionate and legitimate interventions into the constitutionally guaranteed administra-tive autonomy of the local level depends heavily on their success in limiting local government debt. Based on an innovative synthetic control approach, this paper undertakes an empirical assessment of a recent debt relief programme in North Rhine-Westphalia and the deploy-ment of an austerity commissioner, revealing that both instruments to some degree positive-ly impacted upon local government debt, as compared to non-intervention. Nevertheless, it finds the effect is limited in substantial terms.
Social media platforms are increasingly used in the public administration context. Against this background, this study not only derives and tests the impact of determinants that explain citizens’ intention to use social media channels of public services, but also examines to what extent their intention to use influences their intention to recommend these services to others (word of mouth). An expanded technology acceptance model (TAM) was tested based on data from a survey of 164 citizens. The model provides insight into the creation of social media applications of public authorities, for example, by providing four determinants that significantly influence citizens’ intention to use Facebook pages of public institutions as well as their intention to recommend the page to other citizens.
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Darstellung des deutschen Systems der Gesetzesfolgenabschätzung.
Vorstellung des deutschen Systems der GFA
Problem of Fiscal Federalism
(2000)
Freedom of Information
(2000)
The Union legislator has recently amended the Aarhus Regulation with the aim of bringing it more in line with the requirements the Aarhus Convention lays down. EU State aid decisions, however, remain excluded from its scope. This exclusion raises questions that form the object of this contribution. The article argues that the arguments presented to justify the continued exclusion of State aid review are not convincing. By not complying with the re-commendations of the ACCC, the EU is in clear violation of international law. Therefore, the article deliberates over the necessary changes and possible exemptions for a sound im-plementation of the Aarhus Convention against the procedural specificities of State aid review, considering also the Commission´s recently presented options, which contain a number of problematic aspects.
This introductory article makes the case for studying joint institutional frameworks (JIFs) in EU bilateral agreements and provides an overview of the remaining contributions to the sympo-sium. In doing so, it addresses contemporary policy developments and theoretical debates in political science and international institutional law. It considers the rationale, design, perfor-mance as well as legitimacy of JIFs both in general and, in particular, in the EU's contractual bilateral relations. By mapping out the variety of JIFs in distinct geographical and regulatory contexts, the article develops an overarching argument about the ‘transversal’ nature of such structural frameworks, focusing on the most prevalent structural principles and rules, joint bodies and special procedures, including those not covered in detail in the other contribu-tions to this symposium.
Considering the new focus of the European Union (EU) trade policy on strengthening the enforcement of trade rules, the article presents the proposed amendments to the EU Trade Enforcement Regulation 654/2014. It analyzes the EU Commission proposal and the amendments suggested by the European Parliament Committee on International Trade (INTA), in particular with regard to uncooperative third parties and the provision of immediate countermeasures. The amendments will be assessed in view of their legality under World Trade Organization (WTO), Free Trade Agreement (FTA), and general international law and in view of their political implications for the EU’s multilateralist stance. Finally, the opportunity to amend Regulation 654/2014 to use it for the enforcement of FTA trade and sustainable development chapters will be explored. The analysis shows that the shift towards more effective enforcement should be pursued with due care for respecting existing international legal commitments and with more caution to multilateralism.
The introduction will describe the constant evolving global political context correlated to the events occurring, specifically, in the trade environment and the unprecedented challenges they pose for the EU Trade Policy. These identified and introduced challenges will be addressed in detail in the following book chapters. It will also introduce the reader to the individual contributions of the book and briefly present and anticipate the results attained.
General Comparative Report
(2012)