Participatory Administrative Procedure: USA vs. Selected EU States

In a classic sense, administrative procedure is primarily a way in which the parties that are the bearers of legally recognized interests assert such interests on an operational level. In such a context, administrative procedure is also a tool to ensure the democratic nature of relations between the authorities and their subjects, allowing the parties to defend themselves whenever the authorities unjustly refuse to recognize certain rights or impose (too many) obligations without due legal basis. In order to avoid such occurrences, the parties — being in an a priori subordinate position in their relation with the authorities — enjoy several procedural safeguards already in the course of the procedure itself. However, new elements have recently emerged in administrative relations, such as the transfer of sovereign state powers to the European Union, privatized implementation of public tasks outside direct state administration, and the delegation of value-based decision making from (once only) parliament to lower authorities. These elements all call for new methods of public governance (Barnes, 2011, p. 339). Since administrative procedures are considered a typical tool, manner, or method to implement public policies, they need to keep up with these changes, as the method should follow the content. Moreover, the administrative procedure is also a tool used to fulfill the mission of administrative institutions and, as such, a key element for evaluating the effectiveness of the system and identifying possible improvements.