Abstract
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The meaning of contemporary public governance is increasing due to growing complexity in the society, globalization, and economic crisis etc., which is characteristic in general, as well as in administrative and otherwise rather static legal relations. Public policies' design and theirs implementation must pursue certain goals, combining especially democratic values and simultaneously efficiency of PA. Theoretical and practical aspects should broaden their scope to overcome classical public governance theory dedicated more or less only to narrow framework of state authorities and their partners. Modern model of good governance is contrary to traditional one grounding execution of power by strategic participative networking and partnerships with economy and NGOs. This model reflects tendency to redefine top down delegation of tasks by higher level of cooperation of ruled ones, including bottom-up regimes and negotiations, incorporating overall societal and political problem solving. Such approach is necessary also as regards the inability to resolve conflicts and complex issues merely by legislation, being the primary factor of societal relations in classical theory. Hence, redefinition of public governance is following two major directions. Firstly, decreased role of law, since other “informal” (as noted by legal science) instruments (agreements, recommendations etc.) replace legal forms. Secondly, recognition of fundamental procedural principles within concrete administrative relations in the form of administrative proceedings (participation respectively) leads to theirs extra-polarization into other administrative operations. These principles are so crucial to democratic governance and the state governed by law that are and should be applicative not only in individual administrative decision making but even primarily at issuing general administrative acts (policy making) or administrative contracts etc. Inevitably the importance of PA is growing as well and on the other hand its role is changing. Namely, crucial part of good governance is “good government”, the latest incorporating, according to ECHR and its Article 6 on due process, classical procedural safeguard or so called rights of defence in relation towards the authority. Good administration needs to be implemented as defined also by Article 41 of Charter of fundamental rights of EU (objectivity, legality and justice, reasonable timing, hearing, reasoning, right to damage compensation etc.). All these processes lead to so called third generation of administrative procedures, which is focused on creative partnerships among societal groups and consequently higher legitimacy of authoritative decisions. These procedures are a system of communication and coordination of interests among the ruling and ruled ones (collaborative state).
These theoretical grounds are the basis to analyse regulation and its implementation within administrative policy making and individual decision making procedures in Slovenia. We will evaluate the state of the art in post socialist circumstances, including the comparison to internationally set principles and experiences of some other countries. The research will be led by use of combined methods (descriptive and comparative method, case study, structured interviews). In addition we will identify good practices and form guidelines for harmonised regulation of both types of procedures (issuing general and individual administrative acts) by exposing minimal standards as participatory principle.
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