Pub Date : 2020-09-30DOI: 10.35484/pssr.2020(4-iii)74
B. Munir, Ataullah Khan Mahmood, Dr. Muhammad Sohail Thaheem
With the emergence of the concept of welfare state and multiplication of executive functions, administrative discretion has to be accepted as a necessary evil. Discretionary authority conferred on the executive is never been absolute rather subject to legislative and judicial control. State functionaries, in performance of their duties, are entrusted with certain discretionary powers to regulate state affairs and to advance the cause of justice. In the exercise of discretionary powers, the executive authorities are bound to observe certain principles, standards, and parameters articulated by legislature and the Superior Courts so as to avoid misuse of authority. With the help of qualitative and deductive research methodology, this article aims to examine various case laws wherein the Superior Courts enunciated principles and standards for the proper exercise of discretionary authority, in order to keep the executive in its bounds.
{"title":"Principles of Administrative Discretion: A Case Study of Pakistan","authors":"B. Munir, Ataullah Khan Mahmood, Dr. Muhammad Sohail Thaheem","doi":"10.35484/pssr.2020(4-iii)74","DOIUrl":"https://doi.org/10.35484/pssr.2020(4-iii)74","url":null,"abstract":"With the emergence of the concept of welfare state and multiplication of executive functions, administrative discretion has to be accepted as a necessary evil. Discretionary authority conferred on the executive is never been absolute rather subject to legislative and judicial control. State functionaries, in performance of their duties, are entrusted with certain discretionary powers to regulate state affairs and to advance the cause of justice. In the exercise of discretionary powers, the executive authorities are bound to observe certain principles, standards, and parameters articulated by legislature and the Superior Courts so as to avoid misuse of authority. With the help of qualitative and deductive research methodology, this article aims to examine various case laws wherein the Superior Courts enunciated principles and standards for the proper exercise of discretionary authority, in order to keep the executive in its bounds.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130752669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
GPA had a main objective from its very beginning: confronting discrimination between bidders on national or geographical grounds and opening the system up to greater competence between private actors. The World has experienced a gradual liberalization of public national markets that was almost perceived as a natural process. But this other time thought never-ending process is experiencing serious difficulties. The global political panorama seems to be moving again towards the once forgotten nationalist ideologies; a fact that has brought back again the old host of economic protectionism to the front line of international public markets regulation.
The present paper analyses the existing situation from a critical approach. Firstly, it carries out a study of the mechanisms and motives that lie behind populisms and its relationship with international law legitimacy and traditional procurement bias. Secondly, it signals the central role of GPA as the main international instrument to face neo-protectionism, and focuses on the subtle nature of most procurement barriers and how current review mechanism fail to both efficiently tackle potential infringements and to guarantee states’ autonomy. Finally, a proposal for reform is made as to the functioning of the GPA review mechanisms through the creation of a mixed review system.
{"title":"The Tension between Global Public Procurement Law and Nationalist/Populist Tendencies: Proposals for Reform","authors":"Javier Miranzo-Díaz","doi":"10.5380/rinc.v7i2.74570","DOIUrl":"https://doi.org/10.5380/rinc.v7i2.74570","url":null,"abstract":"GPA had a main objective from its very beginning: confronting discrimination between bidders on national or geographical grounds and opening the system up to greater competence between private actors. The World has experienced a gradual liberalization of public national markets that was almost perceived as a natural process. But this other time thought never-ending process is experiencing serious difficulties. The global political panorama seems to be moving again towards the once forgotten nationalist ideologies; a fact that has brought back again the old host of economic protectionism to the front line of international public markets regulation.<br><br>The present paper analyses the existing situation from a critical approach. Firstly, it carries out a study of the mechanisms and motives that lie behind populisms and its relationship with international law legitimacy and traditional procurement bias. Secondly, it signals the central role of GPA as the main international instrument to face neo-protectionism, and focuses on the subtle nature of most procurement barriers and how current review mechanism fail to both efficiently tackle potential infringements and to guarantee states’ autonomy. Finally, a proposal for reform is made as to the functioning of the GPA review mechanisms through the creation of a mixed review system.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128737558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The emergence of cryptographic consensus technology has enabled new prospects for the formation of commercial relationships, institutional arrangements and interactions (the New Prospect). This paper queries whether the current vector of regulatory thinking about crypto-assets is capable of achieving the public policy objectives of regulation while not obstructing the exploration of the New Prospect and the possible benefits it might bring to society. Key precursors to ecosystem development are discussed, and their dependence on the nature and quality of regulatory oversight structures considered. It is argued that an incrementalist approach to regulatory development has supported a “fit-to-existing-regulation” (FER) taxonomy of crypto-assets ill-suited to fostering the ecosystem, despite changed fact patterns that challenge the underlying assumptions of incrementalism. The analysis suggests applying financial regulation to crypto-assets may be inhibiting rather than facilitating innovation along possible new pathways. How society’s past experiences of responding to change in the formation of commercial relationships is considered. Shortcomings in current policy approaches suggest a need for fundamental regulatory reform to be placed more firmly on the global discussion agenda. As a more complex ecosystem begins to emerge, its ability to evolve and flourish will depend on whether the design of a more fit-for-purpose regulation is ready. A “Determined-By-Architecture” (DBA) taxonomy is presented that has the potential to bring new perspectives on the internal and external operations of the technology and hence regulatory design considerations such as technology neutrality. Five proposals for policy development are made.
{"title":"Inhabiting Different Realities: Incrementalism, Paradigms and the New Prospect","authors":"S. Johnstone","doi":"10.2139/ssrn.3605107","DOIUrl":"https://doi.org/10.2139/ssrn.3605107","url":null,"abstract":"The emergence of cryptographic consensus technology has enabled new prospects for the formation of commercial relationships, institutional arrangements and interactions (the New Prospect). This paper queries whether the current vector of regulatory thinking about crypto-assets is capable of achieving the public policy objectives of regulation while not obstructing the exploration of the New Prospect and the possible benefits it might bring to society. \u0000 \u0000Key precursors to ecosystem development are discussed, and their dependence on the nature and quality of regulatory oversight structures considered. It is argued that an incrementalist approach to regulatory development has supported a “fit-to-existing-regulation” (FER) taxonomy of crypto-assets ill-suited to fostering the ecosystem, despite changed fact patterns that challenge the underlying assumptions of incrementalism. The analysis suggests applying financial regulation to crypto-assets may be inhibiting rather than facilitating innovation along possible new pathways. How society’s past experiences of responding to change in the formation of commercial relationships is considered. \u0000 \u0000Shortcomings in current policy approaches suggest a need for fundamental regulatory reform to be placed more firmly on the global discussion agenda. As a more complex ecosystem begins to emerge, its ability to evolve and flourish will depend on whether the design of a more fit-for-purpose regulation is ready. A “Determined-By-Architecture” (DBA) taxonomy is presented that has the potential to bring new perspectives on the internal and external operations of the technology and hence regulatory design considerations such as technology neutrality. Five proposals for policy development are made.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126299972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-17DOI: 10.17573/cepar.2020.1.05
Emilia Zankina
The article examines public administration reform (PAR) in Bulgaria and the main factors that shaped the reform agenda and dynamics. PAR is examined along five key dimensions – transparency and accountability, civil service and human resources management (HRM), public service delivery and digitalisation, organisation and management of government, and policy-making coordination and implementation. The article argues that there are four main factors influencing reform dynamics and determining policy outcomes in the Bulgarian case: the specific political choices made by government elites, external influence of the EU and of past national legacies, and the importance of institutions and reform mechanisms. To illustrate these factors at work, the article examines three policy initiatives, i.e. e-government, the reduction of administrative burden, and civil service reform. The article presents a longitudinal analysis and a qualitative case-study approach, utilising Annual Reports on the Status of the Public Administration 2001–2018, mapping European Semester Documents 2011–2017, an inventory of PAR initiatives 2005–2018, and interviews of public officials. The pushes for reform have been top-down, externally-driven, and stop-and-go in nature. The results confirm previous findings that Bulgaria is among the EU countries with the poorest record in PAR, struggling to overcome communist legacies and high levels of corruption and politicisation. The Bulgarian case highlights several important lessons: the importance of political will and political dynamics for the outcome of reform efforts; the importance of external pressure and financing; the difficulty of uprooting long-standing legacies in administrative traditions; and the limitations of the top-down approach as an obstacle to the sustainability of reform efforts.
{"title":"Public Administration Reform in Bulgaria: Top-down and Externally-driven Approach","authors":"Emilia Zankina","doi":"10.17573/cepar.2020.1.05","DOIUrl":"https://doi.org/10.17573/cepar.2020.1.05","url":null,"abstract":"The article examines public administration reform (PAR) in Bulgaria and the main factors that shaped the reform agenda and dynamics. PAR is examined along five key dimensions – transparency and accountability, civil service and human resources management (HRM), public service delivery and digitalisation, organisation and management of government, and policy-making coordination and implementation. The article argues that there are four main factors influencing reform dynamics and determining policy outcomes in the Bulgarian case: the specific political choices made by government elites, external influence of the EU and of past national legacies, and the importance of institutions and reform mechanisms. To illustrate these factors at work, the article examines three policy initiatives, i.e. e-government, the reduction of administrative burden, and civil service reform. The article presents a longitudinal analysis and a qualitative case-study approach, utilising Annual Reports on the Status of the Public Administration 2001–2018, mapping European Semester Documents 2011–2017, an inventory of PAR initiatives 2005–2018, and interviews of public officials. The pushes for reform have been top-down, externally-driven, and stop-and-go in nature. The results confirm previous findings that Bulgaria is among the EU countries with the poorest record in PAR, struggling to overcome communist legacies and high levels of corruption and politicisation. The Bulgarian case highlights several important lessons: the importance of political will and political dynamics for the outcome of reform efforts; the importance of external pressure and financing; the difficulty of uprooting long-standing legacies in administrative traditions; and the limitations of the top-down approach as an obstacle to the sustainability of reform efforts.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122614991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-28DOI: 10.18601/21452946.N20.18
Sandra Ortiz
Entre los grandes aportes realizados por la Unión Europea al derecho administrativo encontramos la aparición de la categoría jurídica de servicios de interés general y el desarrollo normativo, doctrinal y jurisprudencial de la categoría de servicios económicos de interés general, término que comprende aquellas industrias en redes que fueron sometidas a procesos de liberalización y de aplicación de las reglas del derecho de la competencia desde los años noventa, dejando de lado a otro tipo de servicios denominados ”servicios no económicos de interés general, o servicios públicos de solidaridad”, que están sometidos a la aplicación de lo dispuesto en el Tratado de Funcionamiento de la Unión Europea, pero siendo competencia de cada uno de los Estados miembros su delimitación, alcance y financiación. La crisis económica y la evolución propia que ha sufrido a la Unión Europea trae consigo la necesidad de efectuar una relectura de la naturaleza de estos servicios, atendiendo a la modernización de los servicios sociales como uno de uno de los principales retos europeos actuales y la misión fundamental de ser un mecanismo de cohesión social. Todos estos aspectos son desarrollados en la obra que dirige el profesor De la Quadra, donde se pretende hacer una revisión integral de esta categoría de servicios.
{"title":"Una Revisión a Los Servicios Públicos de Solidaridad en la Unión Europea (A Review to the Notion of Social Services of General Interest in the European Union )","authors":"Sandra Ortiz","doi":"10.18601/21452946.N20.18","DOIUrl":"https://doi.org/10.18601/21452946.N20.18","url":null,"abstract":"Entre los grandes aportes realizados por la Unión Europea al derecho administrativo encontramos la aparición de la categoría jurídica de servicios de interés general y el desarrollo normativo, doctrinal y jurisprudencial de la categoría de servicios económicos de interés general, término que comprende aquellas industrias en redes que fueron sometidas a procesos de liberalización y de aplicación de las reglas del derecho de la competencia desde los años noventa, dejando de lado a otro tipo de servicios denominados ”servicios no económicos de interés general, o servicios públicos de solidaridad”, que están sometidos a la aplicación de lo dispuesto en el Tratado de Funcionamiento de la Unión Europea, pero siendo competencia de cada uno de los Estados miembros su delimitación, alcance y financiación. La crisis económica y la evolución propia que ha sufrido a la Unión Europea trae consigo la necesidad de efectuar una relectura de la naturaleza de estos servicios, atendiendo a la modernización de los servicios sociales como uno de uno de los principales retos europeos actuales y la misión fundamental de ser un mecanismo de cohesión social. Todos estos aspectos son desarrollados en la obra que dirige el profesor De la Quadra, donde se pretende hacer una revisión integral de esta categoría de servicios.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127782923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The right to be heard is one of the key instruments that ensure adequate protection of the participants´ rights during the proceedings before the administrative authority. This requirement is especially important in administrative offences proceedings due to fact that administrative bodies may issue also very serious sanctions and it is important to enable the offenders to influence the outcome of proceedings. Therefore may participants raise their objections, opinions, suggestions. The authors also focus on issues related to the possibility of alternative approaches to administrative sanctions and related issues concerning ensuring adequate position of offender. These questions have not yet attracted doctrinal attention. Article analyses the currently accepted new legislation on administrative offences proceeding, with overlaps resulting from the Council of Europe documents and including basic comparison with the processing on administrative offences in Germany and Poland. In addition, to the basic analysis of the new legislation benefits, the authors pay attention to the new instrument of “legal settlement” that allows administrative authorities to approve agreement between offender and injured party about committed administrative offence and the associated remedy. The new institute is worthy researching, particularly because it is one of the first attempts to adopt alternative approaches to administrative offences proceedings and brings new challenges for administrative authorities. This new institute is compared with the legislation in Germany and Poland. Also methods of analysis of legal requirements of legal documents of Council of Europe and national legislation, normative analysis, literature review and deduction were used in this connection. Authors reached a rather interesting conclusion that the approaches to ADR in administrative offences proceedings are in all three examined different while the article deals more closely with these differences.
{"title":"New Approaches to the Right to Be Heard in Relation to the Application of Alternatives to Administrative Sanctions","authors":"Soňa Skulová, Radislav Bražina","doi":"10.17573/CEPAR.2018.1.9","DOIUrl":"https://doi.org/10.17573/CEPAR.2018.1.9","url":null,"abstract":"The right to be heard is one of the key instruments that ensure adequate protection of the participants´ rights during the proceedings before the administrative authority. This requirement is especially important in administrative offences proceedings due to fact that administrative bodies may issue also very serious sanctions and it is important to enable the offenders to influence the outcome of proceedings. Therefore may participants raise their objections, opinions, suggestions. The authors also focus on issues related to the possibility of alternative approaches to administrative sanctions and related issues concerning ensuring adequate position of offender. These questions have not yet attracted doctrinal attention. Article analyses the currently accepted new legislation on administrative offences proceeding, with overlaps resulting from the Council of Europe documents and including basic comparison with the processing on administrative offences in Germany and Poland. In addition, to the basic analysis of the new legislation benefits, the authors pay attention to the new instrument of “legal settlement” that allows administrative authorities to approve agreement between offender and injured party about committed administrative offence and the associated remedy. The new institute is worthy researching, particularly because it is one of the first attempts to adopt alternative approaches to administrative offences proceedings and brings new challenges for administrative authorities. This new institute is compared with the legislation in Germany and Poland. Also methods of analysis of legal requirements of legal documents of Council of Europe and national legislation, normative analysis, literature review and deduction were used in this connection. Authors reached a rather interesting conclusion that the approaches to ADR in administrative offences proceedings are in all three examined different while the article deals more closely with these differences.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122734181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the basic aims of the project ‘CoCEAL – The Common Core of European Administrative Law’ is that of testing whether, and to what extent, the comparative legal methodology successfully developed under another initiative, that is, ‘The Common Core of European Private Law’ project, can be applied to the field of administrative law. This is why this paper will start by briefly describing the overall architecture, and the methodology underlying ‘The Common Core of European Private Law’ project. After reviewing and dismissing a few critiques that have through time been moved to the ‘Common Core’ enterprise, the paper will end with a sketch of the promises and challenges that the adoption of the ‘Common Core’ methodology might entail for the comparative research on European administrative law.
{"title":"‘The Common Core of European Administrative Law’ Project: Methodological Roots","authors":"M. Bussani","doi":"10.2139/ssrn.3168171","DOIUrl":"https://doi.org/10.2139/ssrn.3168171","url":null,"abstract":"One of the basic aims of the project ‘CoCEAL – The Common Core of European Administrative Law’ is that of testing whether, and to what extent, the comparative legal methodology successfully developed under another initiative, that is, ‘The Common Core of European Private Law’ project, can be applied to the field of administrative law. \u0000 \u0000This is why this paper will start by briefly describing the overall architecture, and the methodology underlying ‘The Common Core of European Private Law’ project. After reviewing and dismissing a few critiques that have through time been moved to the ‘Common Core’ enterprise, the paper will end with a sketch of the promises and challenges that the adoption of the ‘Common Core’ methodology might entail for the comparative research on European administrative law.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132161109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article considers the constitutional nature of socio-economic rights under the Hong Kong Basic Law, principally through the lens of article 39 which mandates the implementation of the International Covenant on Social, Economic and Cultural Rights into domestic law. So far, the Hong Kong courts have been reluctant to give domestic effect to guarantees under the ICESCR. This article assesses the feasibility of making the ICESCR effective through Hong Kong’s administrative law and constitutional law. It argues that there is latent potential to invoke the ICESCR in the construction of legislation using the principle of legality. This interpretative mandate furthers the purposive and generous approach to constitutional interpretation and the guarantee that the ICESCR shall be implemented into Hong Kong law. More broadly, the article contributes to the scholarly literature on socio-economic rights adjudication and constitutional theory on rights interpretation.
{"title":"'Judging Socio-Economic Rights in Hong Kong', (2018) 16(2) International Journal of Constitutional Law 447","authors":"M. Ramsden","doi":"10.2139/ssrn.3656030","DOIUrl":"https://doi.org/10.2139/ssrn.3656030","url":null,"abstract":"This article considers the constitutional nature of socio-economic rights under the Hong Kong Basic Law, principally through the lens of article 39 which mandates the implementation of the International Covenant on Social, Economic and Cultural Rights into domestic law. So far, the Hong Kong courts have been reluctant to give domestic effect to guarantees under the ICESCR. This article assesses the feasibility of making the ICESCR effective through Hong Kong’s administrative law and constitutional law. It argues that there is latent potential to invoke the ICESCR in the construction of legislation using the principle of legality. This interpretative mandate furthers the purposive and generous approach to constitutional interpretation and the guarantee that the ICESCR shall be implemented into Hong Kong law. More broadly, the article contributes to the scholarly literature on socio-economic rights adjudication and constitutional theory on rights interpretation.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127493644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The phenomenon of corruption is a cancer that affects our country and that it is necessary to eradicate; This dilutes the opportunities for economic and social development, privileging the single conjunction of particular interests, political actors in non-legal agreements for their own benefit, which lead to acts of corruption. Recent studies indicate that the level of corruption present in a political system is directly related to the type of institutional structure that defines it (Boehm and Lambsdorff, 2009), as well as the ineffectiveness of the control organisms (Casar, 2015; Cardenas, 2010, Rojas, 2010, Carbonell, 2009, Restrepo, 2004), which requires citizen action to combat corruption (Sandoval, 2010, Villanueva, 2006). This work, focuses our attention on the federal public administration, presenting as a proposal to empower the citizen action in the fight against corruption and in the National Anticorruption System; the figure of Whistleblowers or generator of citizen alert, based on two fundamental principles: i) recognizing the citizen's obligation to report acts of corruption and ii) the granting by the authority of witness protection. These two actions will result in two important results: i) Consolidate the citizen's complaint to inform society about acts of corruption and ii) and the exercise of freedom of information so that society is able to be informed about acts of corruption. These actions will allow promoting and consolidating a culture of reporting acts of corruption that may constitute a crime as a fundamental pillar in the National Anticorruption System in Mexico.
{"title":"Anticorruption National System: Model Whistleblowers Direct Citizen Action Against Corruption in Mexico","authors":"Carlos Medel-Ramírez","doi":"10.2139/ssrn.3159756","DOIUrl":"https://doi.org/10.2139/ssrn.3159756","url":null,"abstract":"The phenomenon of corruption is a cancer that affects our country and that it is necessary to eradicate; This dilutes the opportunities for economic and social development, privileging the single conjunction of particular interests, political actors in non-legal agreements for their own benefit, which lead to acts of corruption. Recent studies indicate that the level of corruption present in a political system is directly related to the type of institutional structure that defines it (Boehm and Lambsdorff, 2009), as well as the ineffectiveness of the control organisms (Casar, 2015; Cardenas, 2010, Rojas, 2010, Carbonell, 2009, Restrepo, 2004), which requires citizen action to combat corruption (Sandoval, 2010, Villanueva, 2006). This work, focuses our attention on the federal public administration, presenting as a proposal to empower the citizen action in the fight against corruption and in the National Anticorruption System; the figure of Whistleblowers or generator of citizen alert, based on two fundamental principles: i) recognizing the citizen's obligation to report acts of corruption and ii) the granting by the authority of witness protection. These two actions will result in two important results: i) Consolidate the citizen's complaint to inform society about acts of corruption and ii) and the exercise of freedom of information so that society is able to be informed about acts of corruption. These actions will allow promoting and consolidating a culture of reporting acts of corruption that may constitute a crime as a fundamental pillar in the National Anticorruption System in Mexico.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127299022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The present article provides the analyses of the main aspects of the global administrative law concept been proposed at the early 2000 to explain legal particulars of the global governance phenomenon. The prime focus is intentionally made on the basic elements of the concept with the specific emphasis on the different approaches to the issue. The characteristics is given both to the narrow understanding of the global administrative law connected to the regulation of internal action of institutions of global governance, and to the wide understanding covering the system of universal norms that impact upon the procedures of national public administration. The coherence between the global governance actors (including public and private, formal and non-formal ones) and the variety of global administrative law sources is revealed. The typology of the legal orders, which compose the judicial system of global administrative law, is also given. The typology in question particularly includes traditional sources represented by norms of international public law, as well as new sources such national administrative law rules extended through international instruments, internal procedural regulations of international organizations and rules of a “soft law” generated both by public and private actors. Fundamental principles of global administrative law may be typically classified in a two set. The one set is based upon specific provisions of universal international instruments, such as the WTO agreements, the other one is created through the transformation of national principles of rule of law, good administration and due process.
{"title":"Global Administrative Law: The Key Aspects of Conceptualizing","authors":"Borys Kormych","doi":"10.2139/ssrn.3375524","DOIUrl":"https://doi.org/10.2139/ssrn.3375524","url":null,"abstract":"The present article provides the analyses of the main aspects of the global administrative law concept been proposed at the early 2000 to explain legal particulars of the global governance phenomenon. The prime focus is intentionally made on the basic elements of the concept with the specific emphasis on the different approaches to the issue. The characteristics is given both to the narrow understanding of the global administrative law connected to the regulation of internal action of institutions of global governance, and to the wide understanding covering the system of universal norms that impact upon the procedures of national public administration. The coherence between the global governance actors (including public and private, formal and non-formal ones) and the variety of global administrative law sources is revealed. The typology of the legal orders, which compose the judicial system of global administrative law, is also given. The typology in question particularly includes traditional sources represented by norms of international public law, as well as new sources such national administrative law rules extended through international instruments, internal procedural regulations of international organizations and rules of a “soft law” generated both by public and private actors. Fundamental principles of global administrative law may be typically classified in a two set. The one set is based upon specific provisions of universal international instruments, such as the WTO agreements, the other one is created through the transformation of national principles of rule of law, good administration and due process.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124982657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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