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  • Author: Mirko Pečarič x
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Abstract

Dynamic perspectives from systems theory and cybernetics are used in this paper to introduce the self-adaptable legal regulation or individual decision-making based on Bayes networks. The latter, by using similar elements as systems theory or cybernetics can help decision-makers not only to quantify the evidential strengths of hypotheses but also to take the most probable decision. Nowadays legal science and the public administration with it that prepares the majority of draft legal rules, do not sufficiently address legal forms from which rules’ content derives. The increasing speed of change and the consequent shortness of operative rules should force decision-makers to consider the new forms of legal norms and decisions that would still respect the objectivity and impartiality of decision-making.

Abstract

This paper presents means by which relations between facts and decisions can be put on a higher, more transparent and accountable level. The complexity of relations, their exponential effects, new technology and numerous rules have increased the public administration’s unaccountability for its actions – if it is even possible to talk about accountability at all. This kind of situation is presented as the rule of nobody that through multiple relations, competencies and division of labour diminishes the possibility to view a situation as a whole, and enhances the distinction between a person’s formal role and his inner personal world. Classical decision-making procedures (more or less still) exclude interactions between political-legal and scientific institutions on one side and between the first and social groups on the other about modern risks that go beyond classical factory-related or occupational hazards. If the presented means (performance indicators, the avoidance of exclusive subjective evidence, the use of probability in individual cases, the right to clear information, the office for legislation and regulatory analysis and an IT platform) were formally integrated into decision-making, they could enable democratisation, for which the non-stop present and available communication links are sine qua non.

Abstract

This paper aims to establish a degree of existence of Hayek’s idea of governmental assembly in the Centre of Government (CoG), which is not only the technical, administrative support for the Prime Minister but has also a regulatory-coordinative, policy role. This paper’s focus is on CoG that is along with the classical tasks of the Prime Minister’s cabinet dedicated to systemic performance. Having this in mind a request was sent by the National Council of the Republic of Slovenia to other parliaments of the EU member states and Switzerland through the ECPRD net to gain information on the effectiveness of national CoGs and/or Prime Minister’s cabinets vis-à-vis their systemic arrangement. Results show the presence of effectiveness, efficiency, economy, and ethics of legislation in countries, but they are not systemic in the eyes of system theory. Countries need to strengthen the inter-agency collaboration, systemic assessment of the effectiveness of general decisions in the real-time dimension, they need to check the relevancy of agency’s reasons for a draft bill, there could be some performance indicators and possibilities to measure citizen satisfaction.