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Gregor Virant and Iztok Rakar

Abstract

A major reform of the public sector salary system took place between 2003 and 2008, where public administration was included as one of the sub-sectors in a broader scheme, covering also the health care and social care sectors, the education sector and other parts of the public sector. The reform was extremely complex, and its development consisted of several phases. The reform resulted in a completely new salary system for the public sector. There are several tangible benefits of the reform; however, there are deficiencies, too, and some of them were amplified by measures inspired by the financial crisis. In our opinion, the changes should be focused on eliminating or drastically reducing de facto automatic promotion to higher salary grades, introducing more flexibility into the system without putting at risk its coherence and ensuring the budget for variable (performance-related) pay. Additionally, but with due caution, the option should also be considered and discussed to enable the government to classify certain positions in salary ranks higher than defined in the collective agreement, as a response to the situation on the labour market.

Open access

Iztok Rakar

Abstract

In recent years, public participation has been a frequent object of research, especially in relation to rulemaking procedures. The aim of the paper is to verify a common thesis, that public participation is a means for enhancing democratic legitimacy in rulemaking. In order to do so, the author defines legitimacy and legitimation, presents models of the democratic legitimacy of the executive and compares monistic and pluralistic understanding of democracy. The author then analyzes standpoints of American, English and German legal theory and case law and proposes a possible solution to the main research question.

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Iztok Rakar and Bojan Tičar

Abstract

The importance of delegated legislation is growing in both the quantitative and qualitative sense. Under the American system, the so-called division of rulemaking authority between the legislative and executive branch was resolved at a very early juncture and in a highly pragmatic manner by applying the fundamental principles of the legislative procedure to the level of the rulemaking procedure, which primarily implies the transparency and openness of the latter. Conversely, Continental Europe did not develop a general theory of public participation which could provide a basis for the search for solutions to the situation. The purpose of this paper is to present different concepts of the rulemaking procedure and discuss the question of public participation. We conclude that, as the quantity and complexity of societal relationships grow, it is fruitful to use the so-called problem-solving model of the rulemaking procedure as a starting point for its procedural arrangement. This allows us to focus on the role that civil society, interest groups and the general public play in the contemporary governance process.

Open access

Tina Sever, Iztok Rakar and Polonca Kovač

Abstract

Administrative procedures (APs) are tools to protect fundamental human rights in statecitizen relations. As the modernization of public administration regulation is undergoing a transformation in the direction of reducing detailed rules on APs and, by the same token, emphasizing fundamental or general principles, research on the development and the state of the art of administrative principles in the general administrative procedure acts (APAs) of selected Eastern Europe countries with a common heritage of Austrian law dating back to 1925 (Slovenia, Croatia, Macedonia and the Czech Republic) was carried out. The normative-comparative analysis reveals differences in approaches to and the pace of APAs reform and content; some countries are taking a more radical approach, mainly by following good governance dimensions. Convergence based on Council of Europe and EU initiatives is also evident. Classical guarantees against the misuse of power (principles of legality, equality, proportionality, rights of defense, etc.) are therefore crucial. The most progress seems to have been made by Croatia and the Czech Republic; by focusing on partnerships in administrative-legal relations in the sense of good administration, these two countries have, among other things, set a trend for other countries to follow.