bluuebunny/crossref_metadata_2025 huggingface dataset:
La diversification des entreprises publiques françaises
Authors: Long Marceau
Published: January 2024

Diversification in public corporations

Not to be confused with neighbouring concepts such as integration and affiliation, diversification obtains when an agency ventures into new activities not forming part of its traditional tasks. Considering that some operations belong to integration rather than to diversification and that others represent true diversifications but are more endured than intended, it becomes evident that actual diversifications are less frequent than it might appear and are explained by an industrial constraint common to both public and private sectors, ie. the imperative of evolution which no manager can ignore whatsoever. This however presupposes in turn the possibility for such managers of enjoying at the same time a certain autonomy to fix their strategies and choose the means for reaching the planned targets. That is why autonomy of management has to be the rule and State intervention only the exception.
La réforme du statut des chercheurs du CNRS et de l’INSERM
Authors: Gain Nicole , De Kervasdoué Jean
Published: January 2024

Status reform of research personnel.

After indicating the main concerns of the new regulations tending to increase the research staff's sensitivity towards the needs of the country, the authors show that conservation of some fondamental ingredients of the old research System, viz individualism and disciplinary rigidity, is going to repeat its drawbacks. In short, as long as the public authorities go on strengthening centralisai of decision-making to control the growth of the larger organizations, the reform movement in favour of the research System will have little effects.
Les réformes de l’administration locale en Belgique depuis 1960
Authors: Wuyts Herman
Published: January 2024

Reform In Belgian Local Government Since 1960.

It is still not known whether in Belgium the municipal reform will lead to a new division of tasks between central and local authorities. Though there has been no lack of declarations of principle, it is nevertheless clear that there has been no real decentralization of powers in favor of the territorially enlarged communes.
L’efficacité des entreprises publiques en Italie
Authors: Massera Alberto
Published: January 2024

Public enterprise performance in Italy.

Following an outline of the Italian experience in public enterprise, the author delineates the major legal features which have brought about the Italian “State-business-man”.

It is worth noting that the whole crop of nationalized or State-controlled corporations representing often a whole sector of activity is far from giving the whole picture of all the complexifies prevalent in Italy to-day in the field of public enterprise whose size and particular features, both in terms of quality and quantity, are most impressive for a non-socialist country.
La croissance urbaine de Buenos-Aires
Authors: Pastor José
Published: January 2024

Urban growth of Buenos Aires.

Buenos Aires has adopted town development policies the main characteristics of which are : 1) stop population growth, attempting even to reduce number of inhabitants by promoting migration towards the province and the under-populated regions of the East of the country ; 2) restructuring of built-up areas through a severe regulation of building ; 3) catch up with the delays accumulated in terms of infrastructure for municipal public services. Simultaneously, a financial reshuffling is being implemented in order to up-date the System of taxation. This has already led to spectacular results to the effect that the executives are already contemplating the possibility of monitoring the uncontrollable.
Un ministère pour la Culture : l’expérience française
Authors: Gournay Bernard
Published: January 2024

Un ministerio de cultura : la experiencia francesa.

Un ministerio de cultura : la experiencia francesa erigida desde hace más de veinte años en el departamiento ministerial independiente, la precedente Secretaría de Bellas Artes se ha vuelto después de varios tanteos en una administración de recursos relativamente importantes, permitiendo el desarrollo de una actividad cultural de ámbición nacional. Sin embargo, el órgano cultural del Estado parece de cierta fragilidad que se explica en parte por la novedad de la institución y un desequilibrio permanente entre lo que se propone realizar y los recursos disponibles, por estructuras pesadas y a veces anticuadas, por una centralización excesiva, por métodos de trabajo a menudo errados, compuestos por una sorprendiente mezcla de improvización y de perfeccionamiento, de precipitación y de pesadez. Estas insuficiencias han sido compensadas en gran parte por la calidad de los hombres que desde hace más de dos decadas conciben y elaboran a diferentes niveles del ministerio la acción cultural del Estado, realizando progresos importantes y a veces brillantes en la mayoría de los campos artísticos y culturales ; los resultados obtenidos se hallan en un nivel por lo menos comparable a los observables en otros países occidentales.
La fonction publique territoriale en Espagne
Authors: Muñoz Machado Santiago
Published: January 2024

La Constitución de 1978 y la creación de las comunidades autónomas plantearon el problema de la organización y del régimen de las administraciones locales. España eligió un sistema mixto. Los principios básicos del régimen jurídico de los funcionarios son establecidos por la jurisprudencia del Tribunal constitucional. Las comunidades autónomas pueden fijar normas complementarias y gozar de una gran libertad en la gestión de sus empleados. Esto permite garantizar la igualdad y preservar la movilidad entre las funciones públicas.
La planification des équipements médicaux : les lacunes actuelles de l’information médicalisée. Une analyse du cas de l’imagerie médicale en France
Authors: Fagnani Francis , Moatti Jean-Paul , Lefaure Christian
Published: January 2024

Current information needs for the allocation of medical equipment (The case of medical image equipment in France).

There is an ever-closer relationship between the allocation of medical equipment, cost-cutting objectives and a policy of upholding quality health care. However, health services are very difficult to evaluate comprehensively and no serious observer would apply the very general indicators of national health available to such an end. General indicators have taken on a symbolic value that has a magnetic effect on health care professionals and the general public alike. This is especially true of statistics on hi-tech medical equipment. The 1970 Hospital Act extends «carte sanitaire» allocation procedures to such so-called ‘heavy-duty’ equipment. However, procedural inadequacies later arose while the information and evaluation tools at hand proved too modest for policymaking. Medical image equipment is an excellent example. This domaine has witnessed an impressive number of major and costly innovations over a short period : an examination of this period will yield a general statement about how allocation ought to be planned. Thus, this analysis and resulting recommendations remain somewhat general, at least insofar as they concern multipurpose diagnostic equipment, for which it seems impossible to define ‘needs’ objectively. Therapeutic equipment ‘need’ is obviously easier to define ; sector-by-sector policy can be set using relatively accurate epidemiological data. Any future attempt to improve allocation procedures would require the prior creation of a data bank on installed equipment and dispensed medical care. The article shows how the «region» is a convenient administrative unit for coping with equipment allocation and encouraging more concerted action between health care professional and government bodies.
Financement privé et réglementation : l’expérience du système de santé des États-Unis
Authors: Brecher Charles
Published: January 2024

Private Financing and the regulation of health care : the United States experience.

The United States health care System is distinguished by a relatively large share of expenditures made in the private sector. However, despite some popular beliefs, this large role for private financing has not been associated with freedom from regulation. Private purchasers of care, including businesses and unions, are increasingly concerned with controlling costs. This has transformed the private health insurance industry from a System whose major purpose was to raise revenues for hospitals to one whose principal product is an ability to control medical care utilization by monitoring and regulating physicians behavior.

This change in the industry is related to four trends — the use of experience rating, the participation of private firms in government programs, the growth of self-insurance, and vertical integration of insurers and providers. In addition, the recent substantial increase in the supply of physicians has weakened the previously strong political and economic position of the medical profession and made doctors more vulnerable to competitive pressures.
Efficacité et démocratie administratives
Authors: Le Garrec Jean
Published: January 2024

Efficiency and democracy.

Public administration should be modernized by a reform program whose objectives would be to render government more user-friendly and more cost-effective economically and socially. Information campaigns should expand ; formalities should be simplifled ; users’ rights, civil servant personal responsibility strengthened ; and advanced technology should be more available. economically and socially. Information campaigns should expand ; formalities should be simplifled ; users’ rights, civil servant personal responsibility strengthened ; and advanced technology should be more available.
Du fatalisme au volontarisme
Authors: Le Clainche Michel , Wiener Céline
Published: January 2024

From Fatalism to Voluntarism.

Misadministration is always a topical subject among political leaders and citizens alike : fatalism will only reinforce the causes, e.g. public accounting procedures, overregulation, bureaucratie stonewalling, and distortions due to uncoordinated reform mechanisms. Suggested remedies often boil down to cosmetic reform or instant miracle cures, whereas a voluntaristic attitude would be based on a coherent strategy for change, action in concert with users, better civil servant training and more delegated responsibility that encompasses the diversity of services, technics and user needs as well as the human and political dimensions.
Les contrats d’agglomération
Authors: Le Moigne Guy
Published: January 2024

Agglomeration Contracts.

The French Government has undertaken a number of measures designed to optimize the integration of alien permanent residents, among which, the Social Action Fund (‘FAS’) for immigrants and their families is pre-eminent. Nonetheless, the ‘agglomeration contracts’ between national and local government encourage the latter to undertake broad, complete integration programs, thus constituting a quantitative improvement towards social integration.
Immigration, racisme et politique
Authors: Hannoun Michel
Published: January 2024

Immigration, Racism and Politics.

France has been importing manpower continually for over a century. Increasing intolerance seems more related to ethnic visibility rather than actual numbers and many difficulties in fact attest that integration is underway. Racism on biologic lines has shifted into the background : debate is now in terms of ethnic hierarchies and compatibility. Permanent settlements of foreign communities coincides with a crisis of national self-confidence, and of moral values, thereby weakening accommodation potential. Violent racism has yielded to the almost apathetic armehair racism of disaggregated society. National policy is urgently needed to accelerate immigrant integration through schools, to reconstruct national identity and to recompose a System of moral values.
Le personnel des collectivités locales en Grande-Bretagne
Authors: Ridley Frederick F.
Published: January 2024

Local Government Personnel in Great Britain.

Local Government Service, employing the majority of local government personnel, is very distinct from the Civil Service. LGS has far more staff, which the extent of its duties readily explains. Further, it employs substantial numbers of unskilled, and a wide spectrum of skilled labourers. However, the greatest difference is that of legal status. Local authorities are independent to hire on a contract basis. However, the Local Government Act, other legislation as well as general agreements with unions and professional bodies place certain restrictions on their independence. These agreements cover hiring policy, working conditions and remuneration. LGS is currently experiencing graduai staff cuts and becoming politicised.
La collaboration entre les communautés et les administrations nationales
Authors: Van Raepenbusch Sean
Published: January 2024

Member Governments and the EEC.

This article covers the committees and teams of government experts that interface at ail levels of the EEC and member governments to assist the Council and Commission. It also describes the civil servant exchange program between the Commission and member governments that was started in 1977.
Des consultants, pour quoi faire ?
Authors: Van Hoeck François-Jacques
Published: January 2024

What are consultants for ?

The structural adjustment policies being introduced in several developing countries are starting to recognize institutional issues and problems as an important factor in the implémentation of these policies. In a good many cases this calls for far-reaching administrative reform. The question is one of determining the extent to which private organizations and foreign and local consultants can help to design and implement these reforms, given their often political character and the influence of social and cultural conditions on administrative structures and on the attitude of government officials and civil servants.
La coopération administrative Sud-Sud à l’épreuve de l’ajustement
Authors: Rhomari Mostafa
Published: January 2024

South-South administrative coopération and the challenge of adjustment

To cope with economic and financial difficulties institutional reform is necessary. The principal actors involved in reform are the international financial institutions. Their financial logic favours the strengthening of North-South cooperation and the construction of integrated régional économie areas. South-South coopération is characterized by the growth of regional bodies for economie and administrative coopération, the overlap between their operations and those of the international agencies, and a certain financial vulnerability. The strengthening of South-South co-operation entails improving operational coordination, first among the organizations of the South and then between the organizations of the South and those of the North, and promoting models of institutional reform which are adapted to local socio-cultural realities.
Les formations à la gestion au sein de l’administration
Authors: Trosa Sylvie
Published: January 2024

Management Training in the Civil Service.

The current drive towards the “professionalization” of civil servants is aimed at overcoming certain traditional cleavages (management training versus legal training), and at instituting a new system of training under which in-service training is made an integral and permanent feature of career development, adapted to each of its stages and the administrators’ level of experience, and in which the accent is on developing management skills and techniques.
Professionnalisme et formation dans les administrations publiques
Authors: Deligny Jean-Louis
Published: January 2024

Professionalism and Training in the Public Services.

Training is an essential investment in an organization’s future. What is needed is a detailed in-service training scheme which forms part of a broader long-term training programme. The project for modernizing the services of the Ministry of Equipment is a good example. Particular emphasis is given to training officials in management. However, management training is limited to key departments like Telecommunications, Equipment, Finance, etc. Future policy should perhaps be designed to offer advanced management training courses to the main cadres of state officials.
L’accompagnement de projet : les grands chantiers d’aménagement du territoire
Authors: Guillot Michel , Carrez Jean-François
Published: January 2024

Complementary Measures to the Project : Large-Scale Building Site within the Framework of the Country Planning Program

Created in 1975, the program of «construction sites within the framework of country planning» involved almost exclusively the construction sites within the nuclear field. Such a program, adjusted and improved upon with time, aims at promoting a better reception for transfered workers, the use of local manpower through professional training, and the economic development of the region where the construction work is located. The program resulted in such a spectacular success socially and economically that it should be widespread and, in the form of reception and integrated development programs which replaced it, they should become special instruments of local development.
La gestion du contentieux social
Authors: Waquet Philippe
Published: January 2024

Managing Cases Involving Social Disputes.

The number of cases dealing with social disputes, involving labor or social security law, has increased considerably over the last years and is overcrowding the courts. Several measures have been implemented in order to reduce the length of these procedures without detriment to the quality of the judgements handed down. To a greater use of certain procedures (hearing before a single judge, reducing the number of judges) has been added an increase in record office staff and the number of magistrates attached to social divisions, specialized magistrates, magistrate training, and finally, efforts to coordinate lawyers and clerks.
La crise de l’institution judiciaire
Authors: Cochard Jean-Pierre , Henry-Meininger Marie-Christine
Published: January 2024

Crisis in the Judicial Profession. Interview with Jean-Pierre Cochard.

The Cour de Cassation is facing increasing difficulties with the growing number of appeals which adversely affects the work of these judges. Judicial information processing, magistrates in the reference service, and selecting which appeals it will receive should make it possible to put an end to this situation. However, the basic problem, originating in the changes confronting our society, has not altered, and the legal system has not followed suit. The author, concerned by the development of derivative procedures such as arbitration, recommends opening the Cour de Cassation to employer-employee representatives, its modernization, as well as the rehabilitation of the role of the judge.
La gestion d’une réforme
Authors: Pinault Michel
Published: January 2024

Administrative Jurisdiction Management.

For five years, the administrative jurisdiction has been involved in a thorough reform. Affecting all levels of jurisdictional organization and operation, this reform has been conducted from the inside, by those involved. Consolidating management in the hands in the Conseil d’État has made it more efficient and better adapted to the special features of the administrative jurisdiction. The success of this reform must be complemented by an active human resource management policy which emphasizes personnel training, in particular.
La Cour suprême des États-Unis
Authors: Tunc André
Published: January 2024

The United States Supreme Court.

The highest judicial institution of a federated nation, the United States Supreme Court was designed as a political organ. The Court only examines those cases which enable it to fulfill its mission (to ensure the supremacy of federal law, to clarify this and to adapt it to the needs of today’s society). To this end, it carries out a very draconian selection from the cases referred to it. The decisions handed down are often accompanied by «concurring opinions» or «dissents » of great importance, in particular for legal development.
Le client, l’usager et le fonctionnaire : quelle politique de modernisation pour l’administration française ?
Authors: Rouban Luc
Published: January 2024

The Client, the User and the Civil Servant -Modernization Policy and the French Model of Public Service.

The French public service underwent a deep transformation during the last decade, influenced by various factors : reduced purchasing power of the agents, increased politicization, break with the model of social advancement, ideological rapprochement with the private sector. The administrative modernization policy, which favors the administration’s role as a service provider to that of a producer of standards, has only brought about a partial and unsatisfactory response to this development. Above ail, it rephrases the question of the role played by public action in new terms, in particular the relation between the Government and society.
L’interventionnisme économique des collectivités territoriales
Authors: Nemery Jean-Claude
Published: January 2024

Economic Intervention of Local Authorities.

The economic intervention of local authorities in Europe does not date from the creation of the EEC. It has been developing from the beginning of the century, despite the limitations imposed by the States in the name of free enterprise. Today, an extensive notion of intervention prevails. The local authorities of each European country use the same range of intervention procedures, albeit with variations with regard to the importance granted to particular processes, jurisdictional distribution between levels of local authority and the degree of openness surrounding these processes.
Les modes de gestion des grands services publics locaux
Authors: Luchaire Yves
Published: January 2024

Local Public Services Management.

If the jurisdictions of territorial authorities vary according to country in the EEC, their modes of intervention fall into the same categories. Everywhere, direct management of local public services is losing ground to delegated management : granting concessions and resorting to municipal or private companies. Mixed economy firms are becoming increasingly frequent. Such diversification, resulting from an increase in tasks devolving on local authorities, derogates from administrative law but serves to homogenize solutions adopted by the different countries.
L’encadrement institutionnel de l’économie de marché
Authors: Paye Jean-Claude
Published: January 2024

Institutional Framework of the Market Economy. The rapid development of international trade since the 1950s has led gradually to an expansion of the market economy and a redefinition of the role of State. We are, thus, witnessing a concurrent reduction in direct State action on the economy and the granting of a larger role to the State in implementing the structural adjustments required for economic change. Meanwhile, State is influenced by market economy. Current action and thought tend to submit public authorities to market constraints (privatization, managerial approach to government responsibility).
Mexique : stabilisation, internationalisation, dérégulation : trois moyens pour promouvoir l’investissement
Authors: Pérez del Río Carlos Maroto
Published: January 2024

Stabilisation, Internationalization and Deregulation in Mexico : Three Ways of Promoting Investment. The impact of the 1982 oil crisis was devastating for the Mexican economy. As a consequence, an adjustment program has been implemented. It can be analyzed under three lines. These are stabilizing domestic conditions as a means of improving the quality of life and reinforcing the economic bases, internationalizing trade as a means for stimulating market development and competition, and deregulating as a means for creating an environment favorable to investment and growth.
France : le contrat de gestion comme moyen de moderniser l’État
Authors: Stoffaës Christian
Published: January 2024

Contracts as Means for Modernization. Management agreements as elements of reponsabilization are very essential tools for modernization. This should become a general formula not only throughout all public enterprises but in all State regalian services.
Le développement institutionnel : une coopération avec et hors l’État
Authors: Faure Jean-Claude
Published: January 2024

Institutional Development : Cooperation Within and Outside the State. To modernize the State, to be capable of accompanying it and supporting it in its new functions, in its new role, means articulating projects and accompanying the development agents and the citizens ‘outside the State’. The process of institutional development, thus, implies new intervention procedures, which require a clarification of the rules and a real mobilization of those involved in development.
L’État a-t-il un avenir dans une société qui se méfie de lui ?
Authors: Suleiman Ezra N.
Published: January 2024

Does State Have a Future in a Society Which Holds It Suspect ? In ‘undoing’ State, the American nation has deprived the central government of the power to act. The incapacity of the federal authorities to resolve problems has resulted in substantial reactions of rejection of the political System. This implies avoiding, in France and elsewhere, the decline of the community spirit.
Un avenir à inventer
Authors: Cossé Pierre-Yves
Published: January 2024

A Future to Be Invented. The future of State largely remains to be invented and to invent this future there are a certain number of deficiencies to be filled. Industry or company strategies should not be managed by the State, but in its own area, State has strategies to carry out, in particular in terms of education, research and solidarity.
Les procédures financières spécifiques et leur adaptation au temps de crise
Authors: Paugam Pierre
Published: January 2024

Defense Ministry Specific Financing Procedures and their Adaptation in a Crisis Period

The Ministry of Defense makes use of diverse procedures which derogate rules of public accounting in implementing its budget. These spécial procedures apply only to the armed forces and to military personnel, and concern only operating costs but cover 30 % of ail ministerial funds and 60 % of these operating costs as well. The author provides a discussion of four derogatory procedures to evaluate their adaptation in a crisis period.
Les politiques de recrutement dans l’administration hellénique : une modernisation impossible ?
Authors: Spanou Calliope
Published: January 2024

Recruitment Policies in the Greek Administration : Is Modernization Impossible ?

In order to combat clientelist practices and to limit the increase in public sector staffing, the civil service recruitment System has undergone several reforms since 1951. These have, however, instituted an extremely rigid, heavy and badly managed System, based on centralization, standardization and the adoption of elaborate regulations, wich has ignored the requirements of modernization.
Vingt ans de médiation à la française
Authors: Pelletier Jacques
Published: January 2024

Twenty Years of French Mediation.

The Mediator of the French Republic, created in 1973, is based upon various models of the ombudsman principle, without being a mere transposition. This particularity of the French version has had an effect on its nomination procedures, as well as on its modes of referral and its functions. After twenty years, this institution, which backed nationwide by 111 territorial delegates, has succeeded in asserting itself within administration. Moreover, through its interventions in favour of equitable decisions and the reforms put forward, the Mediator has the means to have an important effect on modernizing the administration.
L’ombudsman polonais et la défense des droits civiques
Authors: Letowska Ewa
Published: January 2024

The Polish Ombudsman and the Defense of Citizens’ Rights.

The creation of the Ombudsman in Poland in 1987 coincided with a sociopolitical and economie crisis and was seen to be a concession in favor of democratic reforms. This institution, which is closer to the Scandinavian model than the French one, has been granted broad powers. In addition to advocating the interests of the Polish citizen, the ‘defender of citizens’ rights’ participates in the establishment of the rule of law in Poland.
Tendances de l’administration de la culture en Europe occidentale
Authors: Wangermée Robert
Published: January 2024

Trends of Cultural Administration in Western Europe.

In the last three decades, the ways and means of public intervention in cultural affairs have been multiplied and diversified following variable patterns in different countries. There has been an evolution in the levels of public intervention, which differ according to decentralization and federalism. There has also been an evolution of the means of intervention, because governments use new financing practices. Nowadays a new actor is emerging on the scene of cultural policy : the European Community.
Sur le rôle de la connaissance dans la modernisation de l’État et le statut de l’évaluation
Authors: Leca Jean
Published: January 2024

On the Role of Knowledge in The Modernization of Government and the Status of Evaluation.

There is no such thing as an objective and unequivocal reality revealed by knowledge without prejudice. There are no simple and universal criteria available to the experts or decision-makers, to identify a solution as being «satisfactory». They are constantly confronted with multiple and changing interests which suddenly introduce new action standards. Even in the case where evaluation is able to reduce these phenomena, it is possible that it does not mobilize attention of policy-makers. And if they demand it, it can very well be impossible : this is the paradox of evaluation, which can only get a sociological solution, taking into account the sequences of public action. In this framework, evaluation must also be conceived as a space of autonomy in relation to the actors to whom it brings information, and not as an element for strategists to manipulate information.
La fonction publique vers la «privatisation»
Authors: D'orta Carlo
Published: January 2024

The Civil Service, Towards Privatization

Since a long time, the evolution of Italian administration has been under the alternative influence of a hierarchical model (bureaucracy) and a business model (management). The Italian civil service has not escaped the consequences of this phenomenon : it was mainly based upon the hierarchical model and has resisted until recently to different attempts of modernization inspired by the business model. However, there seems to be a radical turn with the Legislative Decree n° 29/1993 — so-called privatization decree — which reforms dramatically the regulatory framework of public employment by decreasing the scope of legislative regulation and favouring collective agreements between unions and public employers. Another phenomenon is increasing : the “southernization” of the civil service is caracterized by a shortage of personnel in the North and a growing distance between administration and society.
Quelques réflexions hexagonales sur l’administration italienne
Authors: Mény Yves
Published: January 2024

A Few Frenchman’s Views on Italian Administration

The reasons as well as the consequences of Italian maladministration cannot be ignored, and are partly due to bureaucracy itself. But, by making it a scapegoat for all problems of Italian society, one neglects the responsibilities of the political class itself : explosion of regulations, clientelism, accommodation, sprinkling with subsidies ; one also neglects the responsibilities of society : contempt, search for external solutions. Yet if the problems are numerous, one has to take into account that the flaws of Italian administration are different according to functions and geography.
La réforme de l’administration publique dans les pays d’Europe centrale et orientale
Authors: Jabès Jak , Synnerstrom Staffan
Published: January 2024

Public Administration Reform in Central and Eastern European Countries

The development of management in the public sector of central and Eastern European countries should be considered differently from that of western democracies. Given the communist heritage, the present State of lack of public administration reform, and harzadous nature of the training offered by local or external sources in each Central and Eastern European Country (CEEC), one wonders what would be the appropriate tool for the reform of the civil service. The création of a senior civil service could facilitate the process of transformation of attitudes and mentalities in the public sector. Training in CEEC, as well for senior civil servants as for subordinates, nécessitâtes first making the basic techniques of public management converge with judicial knowledge. In the same way the institution of an interministerial authority in charge of common rules for personnel management would represent an important overhang.
La conciliation des règles de la concurrence et du droit public dans l’exploitation des gisements de données publiques - Réponses à «la communication des données publiques et le droit de la concurrence : l’occasion manquée»
Authors: Bouchut Jean-Pierre
Published: January 2024

Reconciling competition rules and public law in the exploitation of public data reserves : answers to the article “dissemination of public data and competition law : a lost opportunity”

The circular of 14 february 1994 about dissemination of public data largely opens access to public data for the private sector while guaranteeing equality of chances between processors. Exploitation is open for ail non-protected data. Dissemination through private sector processors is being given priority. As long as it is not a public service mission, the private disseminator is totally free to act. The principle of equality between processors is guaranteed in two ways. First through tarification which may only include the cost of putting data at users’ disposal. When this cost is insignificant, the service is most often free. Secondly, through forbidding double financing. Thirdly, the rules of competition law can easily be respected as soon as one admits that general interest (for instance the existence of the service) justifies a restriction to competition.
La valorisation des banques de données du CNRS
Authors: De Lamberterie Isabelle
Published: January 2024

The valorisation of the national centre for scientific research’s data bases

The National Centre for Scientific Research is a producer of data bases which are direct product or sub-product of research. Therefore it has to articulate the valorisation of research results - the data bases - with the rules for public data dissemination and its own mission of scientific information dissemination. It also has to take into account the rights of researchers and the rights of so-called “reserved” informations. The valorisation of data bases also has to reconcile the possibilities of giving monopolies to contracting enterprises and the duties of dissemination included in the proposal of a european community directive on the protection of data bases.
La fonction publique - À l’interface entre pouvoirs publics et gouvernés
Authors: Nishio Takashi
Published: January 2024

The Civil Service : at the Interface between Public Authorities and Citizens

The post-war reforms of the civil service have changed their members from holders of authority to servants “of the entire nation”. The Higher Authority of the Civil Service (HACS) got a twofold mission of rationalisation and democratisation of the empire’s civil service System. In practice the HACS has mainly privileged rationalisation, which was leading to independence. The objective of democratisation, making civil servants “servants of the entire nation”, has not been realised ; furthermore, the System of HACS recommendations is undergoing a crisis since the beginning of the eighties. The activities of local authorities have increased more than ever, leading to disparities between local officials. On the whole, the latter are becoming more open to society than the officials of ministerial departments.
La science administrative : vers une remise en cause de l’approche structurelle ?
Authors: Tanabe Kuniaki
Published: January 2024

Administrative Science :

Towards a Reappraisal of the Structural Approach ?

Japanese administrative science tries to replace the traditional representations of bureaucracy (planifying and implementing decisions ; redistributing wealth and participating to economic development) which stresses the hold of administrative power on society by a more dynamic concept underlying the role of social forces in activating administrative dynamics. Resorting to political economy and policy analysis have led to new theories which refine structural analysis.
La lente gestation d’un droit administratif : le cas de la Lettonie
Authors: Duntavs Aldis
Published: January 2024

The Slow Gestation of an Administrative Law : Latvia’s case.

In Latvia, since the return of the independance, the role of the public sector as a whole, State and social structures, is at the heart of thoughts. In this country, there is a wide gap between an extremely institutionalized State and a society which is it not at all. The coexistence of laws conceived on very different basis illustrates well the instability which is increased by the absence of conceptual foundations of the new legal system. However, we can see an administrative law starting to develop, which will enable a better balance between institutions and society.
La réforme administrative en Suède : vers un déclin du contrôle politique de l’administration ?
Authors: Pierre Jon
Published: January 2024

Administrative Reform in Sweden : The Decline of Executive Capacity ?

In a country like Sweden, which possesses the largest public sector in the Western world and which is often referred to as the model of the welfare State, administrative reform takes on a very particular significance. The renovation of the public sector took place during two successive periods : from 1982 to 1988, and from 1988 to 1995. This modernization policy culminated in a decrease in public services provided by the welfare State, and in a reinforcement of local authorities’ autonomy. However, these reforms did not significantly increase administrative efficiency, and the process of granting private interests access to the public sector has made it necessary to define new management models.
La régulation contractuelle : l’exemple de la biologie de ville
Authors: Polton Dominique
Published: January 2024

Contractual Regulation : the Example of the Non-Hospital Sector

Contractual regulation of health care outside the hospital sector was introduced in 1991 folio wing an overly brutal revision of the remuneration scale. This System of regulation created a three-way relationship between the State, the health insurance and professionals in the making of an annual agreement forecasting future health service expenditure. The basic idea behind contractual regulation is co-responsibility. The financial framework sets out the predicted increase in treatments with an adjustment mechanism operating a rigid System of financial compensation. This is accompanied by recommendations and the creation of means for gathering information conceming the sector. All the objectives which were forecast have been reached, but management of the System is complex. Specific negociation with each profession brings with it a risk of inflexibility in parts of the market. The means of putting the national objective into effect at regional level still has to be worked out. Beyong this it appears that contractualisation has its limits due to the over-protective effect of the contract which prevents spontaneous increases in spending which might be a lot less favourable for professionals. In fact what this method of contractualisation lacks is the State’s vision of the aim sought to be achieved.
Les universités sont-elles contrôlées ?
Authors: Champagne Pierre
Published: January 2024

Are Universities being Controlled ?

Universities have obvious autonomy in many areas, particularly as regards teaching. In order to guide and control them, however, the State is short of neither legislative and regulatory provisions, nor of concrete means of incitement. On the more strategie question of the development of universities and new establishments, the State must act in considération of the wishes of these organisations and particularly those of local authorities whose interventions have to be taken into account. Contractual procedures allow all parties to air their point of view and the State to channel initiatives. But neither the universities nor the State fully exploit ways of exercising their respective powers. Dialogue and persuasion, rather than force, are nowadays the most appropriate ways of responding to changes in higher education.
La réforme du quai d’Orsay
Authors: Dufourcq Bertrand
Published: January 2024

In France, reform at the Quai d’Orsay, undertaken in 1993, was intended to create a more dynamic diplomatic network by revaluing the role of ambassadors, by utilising means of communication and by making use of posts to carry out background and prospective studies. Particular efforts have also been made to mobilise workers, to reinforce coordination between services and the collegiate functioning of the department. Finally, the sovereignty of the ministry of foreign affairs within the State must be restored through it being attributed once again with the capacity to engage in interministerial activity.
Actualité de la réforme de l’État en France
Authors: Silicani Jean-Ludovic
Published: January 2024

State reform in France has become imperative as a result of profound changes which have occurred during the last forty years. Piloting this reform is the Commission for reform of the State whose purpose it is, within a framework of wide-spread dialogue, to identify issues which involve reform within the State, to prepare public decisions and to ensure that these decisions are put into effect. The principal axes of this reform are three-fold : the establishment of new relationships between the State and its citizens, the setting-up of new State decision-making practices and the development of relations based upon confidence between State and employees. The ultimate objective of the reform is to allow the State to adapt, while at the same time holding on to the values of the republican state.
Les stratégies autour de la modernisation des services : comment désamorcer les réticences ?
Authors: Vallemont Serge
Published: January 2024

Strategies Concerning Service Modernisation :

How to Overcome the Reservations ?

Serge Vallemont

No one should be surprised to leam that the announcement of a plan of reforms would be perceived by trade unions as implying a risk of change in the rules of the game. In this respect the unions are right to develop a vigilant stance which will be adopted ail the more nervously given that relations between the administration and the unions remain premised upon mutual suspicion, an absence of freedom of information and an absence of dialogue. Modernisation, yes, but modernisation of social relations is what is first required.
Une réforme de l'État pour la nation
Authors:   Union générale des fédérations de fonctionnaires CGT
Published: January 2024

State Reform in the Interest of the Nation

The General Union of Civil Servant Federations (CGT)

Following the demonstrations in november/december 1995, the Government in march/april 1996 entered into a pseudo-dialogue about the State reform. The procedures used are aimed at restricting trade union independence, and transforming consultative bodies into rubber-stamping ones. The time has arrived for an indepth restructuring of public services in order to adapt them to the interests of the major groupings, in accordance with the implementation of European directives and the Treaty of Maastricht. However, the primary criterion for public service intervention must be social effectiveness rather than financial profitability.
Peut-on définir la codification ? Éléments communs et éléments divers
Authors: Malaurie Philippe
Published: January 2024

Can one Define Codification ?

The purpose of this contribution is to put forward several thoughts which may assist in the search for a true definition of codification. This definition is hard to find because it is in itself extremely relative, each attempt at codification having to be viewed in its own context. It is, nevertheless, important to enquire into the object, method and rationale of codification. If the common objective of any codification is to rationalise, to simplify law, then the object and the methods differ. There remains nonetheless an interaction between the common and diverse elements of all codification.
Sens et non-sens d'une codification réformatrice du droit européen
Authors: Legrand Pierre
Published: January 2024

The Sense and Nonsense of a Reformist Codification of European Law.

The codification of European private law does not appear necessary. In fact, the internal common market, in line with the examples of America and Canada, may benefit from the existence of different systems of private law. The allure of codification mirrors the desire of lawyers schooled in the Roman tradition. Therein lies a serious risk of exclusion, given that in Europe different traditions exist (principally that of the common law) which, by their very nature, find codification an alien concept. Consequently, it is appropriate to follow a middle course towards the integration of laws within Europe, reconciling different traditions.
La codification justinienne
Authors: Gaudemet Jean
Published: January 2024

The Codification Carried out under Justinian.

The Emperor Justinian was to lead Rome to its heights, particularly in the field of law. The codification of Roman law carried out under Justinian was an immense undertaking which, in its significance and indeed its length, represented the peak of Rome's ambitions. This codification comprised a variety of texts amongst which feature the code and the Digest. Its aim was to regroup legal texts and to ensure they remain up-to-date, in order to increase the effectiveness of law, with each of these two texts having a specific purpose. This magnificent work, despite dating from the 6th century, still remains a fascinating juridical source today.
Les enjeux de la codification dans les pays d’Europe centrale et orientale : la coopération du Conseil de l’Europe
Authors: Leyenberger Stéphane
Published: January 2024

The Implications of Codification in the Countries of Central and Eastern Europe : Co-operating with the Council of Europe.

Conscious of the importance of codification as an instrument to be used in the construction of the rule of law, the Council of Europe is co-operating with central and eastern European states with the aim of using this technique in the reform of their legal systems. Yet, whatever the stage reached in the process of codification in the countries of central and eastern Europe, a series of common problems are to be encountered which are linked in particular to the many actors involved in the process of codification, but are also connected to the impatience of public opinion which is demanding sweeping and speedy reforms which would normally take several years to implement.
L’État dans un monde en évolution. À propos du rapport de la Banque mondiale.
Authors: Fournier Jacques
Published: January 2024

State in a Changing World : the Report of the World Bank.

The report of the World Bank on the role of State reveals a limited, but interesting shift in approach to this problem. Consequently, the question of state intervention and public expenditure ought in future to be approached in a less doctrinal and more pragmatic manner. However, structural adjustment remains on the agenda now more than ever before. This betrays a subordination of the public sphere to international economic requirements.