IDEAS home Printed from https://ideas.repec.org/a/vrs/njopap/v9y2016i2p49-67n3.html
   My bibliography  Save this article

Openness and Transparency in (Slovene) Administrative Procedures as Fundamental European Principles

Author

Listed:
  • Kovač Polonca

Abstract

Openness and transparency are general administrative principles, closely related to lawfulness, accountability, responsiveness, participation and other elements of good administration. Despite their long existence in theory and legal documents, both at the European and national levels, the content and the relation of and among the respective principles is blurred. This applies even in single-case administrative procedures through the classic rights of defense, such as the right to access to information or the right to be heard. The paper explores these dimensions based on comparative analyses of the EU Charter, the OECD principles on good administration and governance and the Slovene law on administrative procedures, proving compliance between Slovene and European regulation. Furthermore, a consistent definition is proposed. Transparency is thus understood as parallel to participation. Both are seen as subcategories of openness which, as the sum of the rights of defense, is based on lawfulness and leads to accountability and ethics. However, as revealed by an empirical survey in 2015, the Slovene public administration sees these issues in a rather formal way. Finally, suggestions are made for future legislation and its implementation in terms of open and good administration.

Suggested Citation

  • Kovač Polonca, 2016. "Openness and Transparency in (Slovene) Administrative Procedures as Fundamental European Principles," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 9(2), pages 49-67, December.
    • Handle: RePEc:vrs:njopap:v:9:y:2016:i:2:p:49-67:n:3
    DOI: 10.1515/nispa-2016-0014
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/nispa-2016-0014
    Download Restriction: no
    File URL: https://libkey.io/10.1515/nispa-2016-0014?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Oecd, 1998. "Preparing Public Administrations for the European Administrative Space," SIGMA Papers 23, OECD Publishing.
    2. Oecd, 2010. "The Right to Open Public Administrations in Europe: Emerging Legal Standards," SIGMA Papers 46, OECD Publishing.
    3. Polonca KovaÄ & Nina TomaževiÄ & Anamarija Leben & Aleksander Aristovnik, 2016. "Reforming public administration in Slovenia: between theory and practice of good governance and good administration," International Journal of Public Policy, Inderscience Enterprises Ltd, vol. 12(3/4/5/6), pages 130-148.
    4. Oecd, 1999. "European Principles for Public Administration," SIGMA Papers 27, OECD Publishing.
    5. Tina Sever & Iztok Rakar & Polonca Kovac, 2014. "Protecting Human Rights through Fundamental Principles of Administrative Procedures in Eastern Europe," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 4, pages 249-275, December.
    6. Kovač Polonca, 2012. "Ethics of Officials in the Context of (Slovene) Good Administration," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 5(1), pages 23-53, July.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Cristea, Ana Ionela, 2014. "El Espacio Administrativo Europeo en el contexto de la europeización [The European Administrative Space in the context of europeanization]," MPRA Paper 56309, University Library of Munich, Germany.
    2. Ani Matei & Lucica Matei & Diana-Camelia Iancu, 2011. "Socio-Statistical Research on the Internalization of European Administrative Space Principles in the Romanian Public Administration," Administrative Sciences, MDPI, vol. 1(1), pages 1-11, December.
    3. Matei, Lucica & Iancu, Diana Camelia, 2009. "On the Way to Modernization: The 'Good Enough' Governance Making in Romania," MPRA Paper 18941, University Library of Munich, Germany, revised 28 May 2009.
    4. Andrei, Tudorel & Profiroiu, Marius & Oancea, Bogdan & TurtureaN, Marius & Matei, Ani, 2010. "Analiza unor aspecte legate de mobilitatea si politizarea functiei publice in administratia publica din Romania," MPRA Paper 25957, University Library of Munich, Germany, revised 19 Sep 2010.
    5. Khleef A. Alkhawaldeh, 2021. "Institutional Governance Practices in Jordan Government Units," International Journal of Economics & Business Administration (IJEBA), International Journal of Economics & Business Administration (IJEBA), vol. 0(1), pages 52-65.
    6. Špaček David, 2018. "Public Administration Reform in Czechia after 2000 – Ambitious Strategies and Modest Results ?," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 11(1), pages 155-182, June.
    7. Staroňová Katarína, 2017. "Civil-Service Reforms and Communist Legacy: The Case of Slovakia," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 10(1), pages 177-199, June.
    8. Carmen De-Pablos-Heredero & Gonzalo Fernández-Valero & Miguel Blanco-Callejo, 2017. "Supplier Qualification Sub-Process from a Sustained Perspective: Generation of Dynamic Capabilities," Sustainability, MDPI, vol. 9(5), pages 1-15, May.
    9. Jan-Hinrik Meyer-Sahling & Will Lowe & Christian van Stolk, 2016. "Silent professionalization: EU integration and the professional socialization of public officials in Central and Eastern Europe," European Union Politics, , vol. 17(1), pages 162-183, March.
    10. Eva Ardielli, 2016. "Public Administration Transparency in E-government at Local Level of Czech Government," International Journal of Management Science and Business Administration, Inovatus Services Ltd., vol. 2(8), pages 24-33, July.
    11. Aleksander Aristovnik & Eva Murko & Dejan Ravšelj, 2022. "From Neo-Weberian to Hybrid Governance Models in Public Administration: Differences between State and Local Self-Government," Administrative Sciences, MDPI, vol. 12(1), pages 1-19, February.
    12. Karayalcin, Cem, 2016. "Property rights and the first great divergence: Europe 1500–1800," International Review of Economics & Finance, Elsevier, vol. 42(C), pages 484-498.
    13. Sever Tina & Đanić Ana & Kovać Polonca, 2016. "Effective Legal Protection against the Excessive Length of Administrative Decision-Making: The Cases of Slovenia and Croatia," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 9(1), pages 135-166, June.
    14. Eva G. Heidbreder, 2009. "Structuring the European Administrative Space - Channels of EU Penetration and Mechanisms ofNational Change," KFG Working Papers p0005, Free University Berlin.
    15. Andrew J. Taylor, 2013. "The European Union and State Building in the Western Balkans," Politics and Governance, Cogitatio Press, vol. 1(2), pages 183-195.
    16. Jeretina Urša, 2016. "Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 9(1), pages 191-222, June.
    17. Fatos Salliu, 2015. "What is the Stage of Development of Albania in the Information Society?," European Journal of Interdisciplinary Studies Articles, Revistia Research and Publishing, vol. 1, May - Aug.
    18. Gordana Zurga, 2011. "Public administration’s added value to the competitiveness of national economy," Zbornik radova Ekonomskog fakulteta u Rijeci/Proceedings of Rijeka Faculty of Economics, University of Rijeka, Faculty of Economics and Business, vol. 29(1), pages 193-223.
    19. Bernhard Hirsch & Fabienne-Sophie Schäfer & Aleksander Aristovnik & Polonca Kovač & Dejan Ravšelj, 2023. "The impact of Digitalized Communication on the effectiveness of Local Administrative Authorities – Findings from Central European Countries in the COVID-19 Crisis," Journal of Business Economics, Springer, vol. 93(1), pages 173-192, January.
    20. Sičáková-Beblavá Emília & Kollárik Martin & Sloboda Matúš, 2016. "Exploring the Determinants of Transparency of Slovak Municipalities," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 9(2), pages 121-145, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:njopap:v:9:y:2016:i:2:p:49-67:n:3. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.