维谢格拉德集团国家行政程序的简化和电子化——社会学和法律方法

IF 1.6 Q3 PUBLIC ADMINISTRATION Central European Public Administration Review Pub Date : 2022-11-28 DOI:10.17573/cepar.2022.2.06
Beniamin Rozczynski
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引用次数: 1

摘要

目的:研究的目的是审查与维谢格拉德集团国家行政程序参与者的传记经历有关的社会学问题(对公共行政机构及其组织的看法,公众在公共行政活动领域的当前需求,为官员提供适当的有形和无形工具)。研究的次要目标是确定,现有行政程序简化的全面现代化的后果和形式(作者将行政程序简化概念理解为“一种与一般行政程序分离的行政程序,其特征是简化一般规范性解决方案”)。由于“行政程序电子化”概念的范围并不完全包括“行政程序简化”概念,研究涉及行政程序的两个相互补充的领域(它们之间的关系,包括规定行政程序电子化的共同和独立部分,例如在保存和提供电子形式的程序文件的范围内)。此外,还从制度、主观和客观方面介绍了V4集团国家行政程序简化和电子化领域的解决方案。设计/方法/方法:对国内外法律文本的分析用于实施研究假设(V4集团国家的《行政程序法典》和新冠肺炎法规提出的行政程序的一般法律法规)。使用社会学研究方法进行的实证研究与当前适用的简化解决方案的分析相结合[作者使用两种定性方法实施了社会研究的一个组成部分——对具有行政程序参与者传记经验的成年居民进行个人深入访谈(20名成年人——V4组每个国家5名)以及定量方法——对行政程序参与者进行在线调查(120名成年人——V4-组每个国家30名)]。在研究中,应用统计方法来更好地说明目前进行的行政程序的有效性,并回答关于行政简化理念发展合法性的假设。调查结果:分析表明,目前还不可能说维谢格拉德国家的行政程序有了长足的发展。公共行政部门延迟采用简化行政程序的解决方案,主要是由于法规不明确和需要大量财政支出。上述情况不仅对参与诉讼的实体,而且对公共行政机构和行政法院都产生了负面影响。实际意义/独创性/价值:启动的行政程序简化和电子化进程必须始终采取全面的法律解决方案的形式,使公共行政机构能够有效和高效地运作,并使个人能够行使其基本权利。因此,本文介绍了与行政程序有关的最新困难以及解决这些困难的例子。
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Simplification and Electronisation of Administrative Procedure in the Visegrad Group Countries - a Sociological and Legal Approach
Purpose: The purpose of the research was to examine the sociological issues related to the biographical experience of a participant in the administrative procedure in the Visegrad Group countries (the perception of public administration bodies and their organisation, current demands of the public in the field of public administration activities, providing appropriate tangible and intangible tools for officials). The secondary goal of the research was to determine the nature, significance, consequences and form of comprehensive modernisation of existing simplifications of the administrative procedure (The author understands the concept of simplification of administrative procedure as “an administrative procedure separated from the general administrative procedure and characterized by simplification of general normative solutions”). Since the scope of the concept of ”electronisation of administrative procedure” does not fully include the concept of ”simplification of administrative procedure”, the research referred to two areas of the administrative procedure that are complementary to each other (the relationships that occur between them, including by specifying common and separate parts of electronisation of administrative procedure, e.g. in the scope of keeping and making available files of procedure in electronic form). Moreover, solutions were presented in the field of simplification and electronisation of administrative procedures in the V4 Group countries, in institutional, subjective and objective terms.Design/Methodology/Approach: The analysis of domestic and foreign legal texts was used to implement the research assumptions (general legal regulation of administrative procedure presented by the Codes of Administrative Procedure and COVID-19 regulations in the V4 Group countries). Empirical research using sociological research methods was conducted in connection with the analysis of currently applicable simplifying solutions [the author implemented a component of social research using both qualitative methods – individual in-depth interviews with adult residents with biographical experience of being a participant in the administrative procedure (20 adults – 5 from each country of the V4 Group) as well as quantitative methods – online survey with participants of the administrative procedure (120 adults – 30 from each country of the V4 Group)]. In the research, the statistical method was applied to better illustrate the effectiveness of the currently conducted administrative procedure and to answer the hypotheses regarding the legitimacy of the development of the idea of administrative simplification.Findings: The analysis shows that it is not yet possible to speak of an advanced development of administrative procedure in the Visegrad countries. The delay of the public administration in applying solutions that simplify administrative procedure is mainly due to unclear regulations and significant financial outlays needed. The above state of affairs has a negative impact not only on entities participating in the procedure but also on public administration bodies and administrative courts.Practical Implications/Originality/Value: The initiated process of simplifying and electronising administrative procedure must always take the form of comprehensive legal solutions that will allow for effective and efficient operation of public administration bodies and enable individuals to exercise their fundamental rights. Therefore, the article presents the latest difficulties related to the administrative procedure and examples of their solution.
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CiteScore
2.10
自引率
28.60%
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7
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