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Contracts, Performance Measurements, and Accountability in the Public Sector
This book addresses issues to do with public accountability, audit and performance measurement that are both highly topical and of crucial importance to the theory and practice of public administration in an era of contractualized public management. The literature on public sector contracting - covering both 'hard' agreements (ones that are legally enforceable) and 'soft' agreements (enforced by negotiation and mutual trust) - has been growing for some time and the present book adds a primarily European perspective on contracting, performance-based management and accountability. One important aspect of this study is its recognition that those responsible for monitoring public services, and h...
Comparative Executive Power in Europe
This book provides an up-to-date interdisciplinary assessment of the accountability of executive power in different European States and at the European Union level. From a legal perspective, it wonders to what extent the forms of responsibility and accountability of executive power have evolved in terms of legal technique or framework. From a historical perspective, it looks at the evolution of responsibility paradigms. From a political science perspective, it examines responsibility and the expectations of European democracies in terms of authority and efficiency. The volume also has a quantitative aspect identifying, gathering and analysing statistical material on responsibility and accountability in current political regimes. The book will be a valuable resource for researchers, academics, and policy-makers in constitutional law and politics, public law, comparative law, comparative politics, legal history and government.
Swiss Energy Governance
This open access book gathers the results of an interdisciplinary research project led by the Swiss Competence Centers for Energy Research (SCCER CREST) and jointly implemented by several universities. It identifies political, economic and legal challenges and opportunities in the energy transition from a governance perspective by exploring a variety of tools that allow state, non-state and transnational actors to manage the transition of the energy industry toward less fossil-fuel reliance. When analyzing the roles of these actors, the authors examine not only formal procedures such as political and democratic processes, but also market behavior and societal practices. In other words, the handbook focuses on both the behavior and the positive and normative frameworks of political actors, bureaucracies, courts, international organizations, lobby groups, civil society, economic actors and individuals. The authors subsequently use their findings to formulate specific guidelines for lawmakers and other rule-makers, as well as private and public actors. To do so, they draw on approaches stemming from the legal, political and management sciences.
Tort Liability of Public Authorities in European Laws
Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.
Judicial Review of Administration in Europe
This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significan...
China, the West and the Myth of New Public Management
In the West, innovations in new public management (NPM) have been regarded as part of the neoliberal project, whilst in China, these reforms have emerged from a very different economic and social landscape. Despite these differences however, similar measures to those introduced in the West have been adopted by the Chinese state, which has largely abandoned the planned economy and adopted market mechanisms in the pursuit of improved economic efficiency and growth. Evaluating the results of these reforms in both China and the West between 1978 and 2011, this book shows that despite substantial improvements in economic efficiency in both cases under consideration, there have been considerable n...
Evaluating Academic Legal Research in Europe
Legal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective.
Reshaping the Investor-State Dispute Settlement System
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
Public Services and International Trade Liberalization
This books examines whether public service liberalization poses a threat to gender and human rights?
