bluuebunny/crossref_metadata_2025 huggingface dataset:
Mieux rentabiliser l’assistance technique par une meilleure gestion
Authors: Lusignan Guy de
Published: January 2024

Getting higher returns from technical assistance through better management

A swift analysis of international technical coopération in the last thirty years shows the ineffectiveness of really considerable amounts of aid. The recipient countries feel that this aid is usually imposed without taking their needs into consideration, resulting in a chaotic proliferation of projects and programmes that are inadequately matched to their realities. For the donor countries, weak decision-making mechanisms and concentration of power are behind the rise of an inefficient bureaucracy. To ensure that the results and objectives of technical assistance have long-lasting impact, a sweeping reform of the public sector has to be carried out. Each operation should correspond to a real need, be given political backing, be based on a real dialogue between récipients and donors, and be accompanied by an évaluation. What counts is the cumulative effect of technical assistance. Self-reliance in development management can only be achieved in a climate of partnership, where developing countries themselves administer the technical aid they receive as a démonstration of their ability to manage development.
La coopération franco-congolaise et la formation des cadres de la fonction publique : le cas de l’ENAM
Authors: Kinzounza Kitsoro
Published: January 2024

Franco-Congolese co-operation and civil servantes training : the case of Congo’s ENAM

The expérience of Congo’s ENAM (Ecole Nationale d’Administration et de Magistrature) lies somewhere between «co-operation for co-operation’s sake» (with a highly inadequate job description for experts, ill-adapted teaching content, purely formal evaluation, etc.) and «co-operation for development», in which each expert’s assignment is no longer regarded as a contract but as a project whose ultimate aim is training national counterparts to take over.
L’enseignement de la gestion à l’ENA de Paris
Authors: Billon Alain
Published: January 2024

Management Education at ENA.

The principle of specialization which governed training courses at ENA until 1958 has gradually given way to the “all-rounder” system, which is now the dominant model at the school. This has been accompanied by greater importance being given to management education, whose very content has changed : it is no longer merely concerned with improving the ability of future senior civil servants to take part in discussions with the business world; rather it seeks to give them additional tools with which to manage the System of administration. The present course therefore relies on case studies, and consists of several “units” of varying duration (accounting and financial analysis, management control, organization, human resources management, strategic management).
Former des managers pour la modernisation du service public, le rôle du «management development »
Authors: Richards Sue
Published: January 2024

The Role of Management Development in Public Service Modernisation.

The eighties saw the development of certain dominant models of management, where the emphasis was on tightening up control systems and forcing through cost reduction programmes. Public management for the 1990’s needs to go beyond the mechanistic model of “management by direction” and develop “management by design” as the dominant learning model. Designing the circumstances under which personal initiative and talent can flourish to produce a high level of performance, is the challenge now facing public management. Taking personal responsibility for the performance of the organisation raises a number of problematic issues such as leadership, cultural change, legitimacy of the pro-active public manager, and the significance of experiential learning in transformational management development.
La formation juridique des fonctionnaires des administrations centrales en Grande-Bretagne
Authors: Fortin Yvonne
Published: January 2024

Legal Training of Civil Servants from Britain’s central Administration.

Improvements in the legal training of senior civil servants from Britain’s central administration, although seen as a precondition for coping with the notable increase in the number of claims, do not qualify for special appropriations. The introduction of basic legal training for administrators is a recent initiative which, though not very ambitious, is designed to produce quick results. For its part, the training of officials of the legal departments is being provided in a prevailing atmosphere of crisis. Yet, this training would allow the policymaking departments to make better use of the services of the legal departments.
France Télécom, l’opérateur national de télécommunications
Authors: Roulet Marcel
Published: January 2024

France Télécom — National Télécommunications Operator Marcel Roulet

The France Télécom group, the national public telecommunications operator, must now switch from a monoproduct — monopoly — national System to a multiservice — competitive — international one. It must continue to perform its functions as a public service while formulating an offense strategy on the international front for the provision of new services. In preparation for the single market in 1993, France Télécom should develop an appropriate management structure similar to that of its European counterparts which combines greater operational flexibility with a strong supervisory and regulatory role.
Écologie et politique
Authors: Holleaux André
Published: January 2024

Ecology and Politics.

The growth of the ecology movement at the end of the 60s coincided with the setting up of several nature conservation associations. Initially suspicious of politics and politicians, the movement gained momentum in the 70s mainly as a result of actions spearheaded by it on the ground. As the ecology movement’s influence on peoples’ lives spread, ecology grew into an increasingly important political and electoral issue. Political parties and public authorities were swayed by ecological concerns. The same development occurred abroad and today we find that ecological issues are losing their regional dimension and taking on a global one.
La fonction projet, de l’entreprise au développement local
Authors: Guillot Michel
Published: January 2024

The «Function-Project» : from its Introduction in the Enterprise to its use in Local Development

The «function-project» instituted within enterprises at the end of the 1950s designates a special overseeing task force whose mission was to make sure that goods and services about to be produced are finally manufactured according to such technical specifications as cost, deadlines and quality. Local economy, made up of separated units having their own specific objectives, needs an external structure to oversee all the others to ensure that the global project remains coherent. Since the territory is a «place without a boss», it heardly lends itself to designating a project chief.
Danemark. Contractualisation des conditions d’emploi et décentralisation des responsabilités
Authors: Bruun Finn
Published: January 2024

Denmark.

Contract Employment and Decentralisation

The convergence of the public and private sectors in Denmark is the result of a long-term process. Modernization policies implemented over the past 10 years have only accentuated this trend. Such policies have combined different methods such as the reform of budgetary procedures, decentralisation, etc. One of the aims is to achieve greater flexibility in the employment requirements and the further use of limited-term contracts. At the same time, a balance between autonomous action granted to those responsible for personnel management and the need to both coordinate and control public spending should be found.
La protection du consommateur au Royaume-Uni
Authors: Palmer Richard
Published: January 2024

Consumer Policy in the United Kingdom.

Consumer policy in the UK reflects the government’s belief that the best form of protection cornes from consumers making informed choices in an open and compétitive market and that adapting the basic legal framework should be considered with caution. There is no general sale of goods législation spécifie to consumers but transactions affecting consumers are subject to many statutes. Enforcement is carried out by the Trading Standarts departments of local authorities and there are provisions for a law cost small daims procedure in the county courts. In addition, voluntary codes of practice hâve developed ; they are a more flexible instrument than régulations, and provide for conciliation mechanisms for handling complaints. But enforcement of those codes should be more effective.
Le droit de la consommation, reflet de l’évolution économique et technique
Authors: Babusiaux Christian
Published: January 2024

Consumer Law — A Reflection of Economic and Technological

Development.

Consumer law, fluid and still in its incipient stages, has had to assert its independence across various sectors. Changes in the modes of consumption and mass consumption in recent years along with the growth of credit have necessitated the introduction of legislation. The internationalization and liberalization of trade and the growing sophistication of selling and marketing techniques pose fresh challenges. Legal procedures will moreover have to be adapted to take account of the transformation in the nature of litigation between producers and consumers. In short, the logic underlying the development of consumer law is the same as that underlying the development of competition law, ie balance and transparency.
Le consommateur, le droit et la justice
Authors: Marsigny Brigitte
Published: January 2024

The Consumer, the Law and the Courts : A French View.

There can be no effective consumer protection when the law is too complex and lacks transparency, nor when access to justice is too costly. France produces too many legal instruments which prevent the legal practitioner to have continuing mastery of the legal framework. Because of its current problems, french justice is ongoing a major crisis which can only harm the consumer. A substantial reform of legal aid is one of the major actions required to improve the situation.
La modernisation de la justice
Authors: Kramer Pierre
Published: January 2024

Modernizing the Judicial System.

The modernization plan of the Ministry of Justice is based on five pivotal points : consolidating staff responsibilities, developing concertation with trade-union organizations, a training policy, improving public relations and access to courts, and upgrading the jobs and working conditions of legal personnel. Created in 1988, the Modernization Commission plays a very important role in carrying out these objectives, handling information on all of these innovative practices, above all, by providing financial support for some modernization measures.
Le Conseil supérieur des tribunaux administratifs et des cours administratives d’appel
Authors: Cochemé Anne
Published: January 2024

The Higher Council of the Administrative Courts and the Administrative Courts of Appeal.

Created in January 1988, the mission of the Higher Council of the Administrative Courts and the Administrative Courts of Appeal has been to guarantee the independence of members in its jurisdictions, by ensuring optimal career development as well as proper functioning of the jurisdictions. It retains a substantial consulting power on the individual career concerns of administrative magistrates and on the laws and regulations relating to administrative jurisdiction.
Les stratégies d’investissement dans les entreprises du secteur public industriel
Authors: Crespy Guy
Published: January 2024

Investment in Public Sector Enterprises.

Public investment policies have changed considerably since the 1960s. From 1982 to 1985, they moved from largescale capital investment programs to a policy of sustained investment, due to the allocation of considerable Financial resources to the public sector. Do investment strategies for public enterprises adhere to a logic fundamentally different from those of the private sector ? The author of this article says no, emphasizing the autonomous management of public enterprises and the internationalization of their acti vides.
Les finances locales
Authors: Sergent Lucien H.
Published: January 2024

Local Finance.

Local financing Systems vary considerably in western Europe. In particular, State allocation of resources from local taxes and receipts to local authorities is very uneven. However, even if, in most countries a priori supervision has disappeared, there is a widespread trend towards increasing the means of controlling local finances. With 1993 in site, this trend could be reinforced, leading central governments to reduce the financial autonomy of local authorities.
La communication publique en province
Authors: Comet Henri-Michel
Published: January 2024

Public Communication in the Provinces

The state, the communes, and county and regional councils are the participants in regional public communication. Beyond asserting the identity of each of these institutions, two objectives emerge : improving the way in which they define their messages, and the effective assumption of civic duty. This implies a certain degree of cooperation which, while leaving room for political debate, requires reinforcement.
La communication déconcentrée au ministère des finances
Authors: Mouterde Pierre
Published: January 2024

Decentralized Communication at the Ministry of Finance

With a view to decentralization, the regional information centers have formed an original regional communication tool whose objective has been to make contact with citizens in the field. How have these developed from 1977 to 1988 ? With what problems and difficulties have they been confronted ? An assessment of 11 years of decentralized communication at the Ministry of Finance.
La communication des villes : une nouvelle ressource
Authors: Giraud Michel
Published: January 2024

Communication in the Cities

Communication is a strategic aspect of city policies and forms part of the activities of municipal administration. It is a real economic investment for all local organizations. A part of life in a democracy, communication strategies make intelligible the balance between performance and community of interests, and are responsible for developing social cohesion.
Indonésie : une croissance continue des investissements étrangers et domestiques
Authors: Kristiadi Jean-Baptiste
Published: January 2024

Indonesia : The Continuing Growth of Foreign and Domestic Investments. Over the last five years, foreign investment has become a decisive factor in the Indonesian government’s industrial development policy. In order to encourage investments, a large movement towards deregulation and debureaucratization has been undertaken in the monetary and infrastructural sectors.
Brésil : la modernisation de la gestion publique
Authors: Pimenta Carlos
Published: January 2024

Brazil : Modernizing Public Management. As the Brazilian government’s modernization program is currently understood, economic reorganization, necessary for leading the country towards socio-economic development, is based on the principle of private initiative. This requires that the Brazilian government undertake two urgent measures : the transformation of the production capacities on one hand, and the use of alternative financing instruments for social welfare on the other.
De la rationalisation de la gestion publique à la notion de «governance»
Authors: Lafourcade Olivier
Published: January 2024

From the Rationalization of Public Management to ‘Governance’. At the beginning of the 1990s, two important dimensions were added to the operations of the World Bank in favor of State modernization : development of the private sector and a more general notion of ‘governance’.
La gestion de la fonction publique au service de l’économie de marché
Authors: Cauden Joël
Published: January 2024

Public Service Management to Promote the Market EconomyThe success of the transition to a pluralist society and a market economy depends, to a large extent, on the existence of a competent civil service, capable of implementing the directives drawn up by the executive through appropriate legislation and effective application of the desired reforms. Today it seems that the role of international organizations, such as the ILO, should be directed, first of all, towards improving human resources in the public administration. This requires a double action : modernizing management tools and the training in how to use them on one hand, and renewing management policies on the other.
Modernisation de l’État : l’essentiel reste à faire
Authors: Cannac Yves
Published: January 2024

Modernizing State : the Main Part Is to Be Done. In France, a notion of State has been brought to perfection and this perfection is today faced with a situation that is in deep upheaval, due to international economic competition within a free market economy, and more generally the development of society. State must somehow reintegrate with society but, at the same time, affirm the particularity of its functions and define itself as a cog in a System which extends beyond.
Les structures à l’épreuve des faits : leçons de la guerre du Golfe
Authors: Cailleteau François
Published: January 2024

Military Structures Under the Test of Reality

More than other organizations, armies must manage a structurally contradictory situation : they must be capable of being immediately called upon in various types of crises while assuring that their daily life goes on in times of peace. The operation to liberate Kuwait has made it possible to analyse the capacities of military structures to adapt in times of large-scale crisis. Taking the three armed forces into consideration, the author examines the three levels of command : central level (general staff), theatre of operations and support services management.
Les systèmes d’urgence civils
Authors: Huguenard Pierre
Published: January 2024

Civilian Emergency Systems in Times of Crisis

The role of the general practitioner in civilian emergency health services is inadequate in terms of relief planning. The SAMU-SMUR System provides appropriate assistance in disaster situations but its efficiency requires better coordination of means, on an international as well as a domestic level.
La mobilisation industrielle : de l’économie de guerre à la gestion des crises
Authors: Gentgen Jacques
Published: January 2024

Industrial Mobilization : from a War Economy to Crisis Management

The principles and procedures of industrial mobilization have also been designed to apply to cases of crisis management. It is not evident, however, that the solutions put to the test in past wars are always appropriate. The difficulties which arise are dependent on the type of crisis, as well as on the ways in which industry operates.
Entre le kolkhose et la jachère. Problèmes d’administration culturelle en Europe centrale et orientale
Authors: Wallon Emmanuel
Published: January 2024

Between Kolkhoz and Fallow Cultural Administration Problems in Central and Eastern Europe.

Credits are cruelly missing for cultural institutions, because the all-State model which was inherited from the previous regime is in a deep crisis, and no private forces have emerged, which could replace the exhausted administrations. The first steps towards decentralization are hindered, in this field as in others, because of the lack of financial, technical and human resources at local level. Nevertheless, the question of competences must and can be urgently answered so as to enable the emergence of cultural policies adapted to this european new age.
Les finances, le budget et la comptabilité publique
Authors: Perez Rita
Published: January 2024

Finance, Budget and Public Accounting

The Italian system of public finance has a set of specific characteristics. The administrations in charge of taxation are separated from those in charge of budgetting. The accounting regulations are very detailed and normally apply to all state organizations. But in order to cope with the rigidities of the system, a number of derogations have been established. The biggest part of income collected by central administration is transferred to local authorities and state field administrations. The delays in adopting the budget have led parliament to rationalize the budgetary procedure. However the budget, which is difficult to read, is not a reliable tool for management, and there is a clear lack of programming as far as credits are concerned.
La procédure administrative non contentieuse et la transparence
Authors: Sandulli Aldo
Published: January 2024

Administrative Procedure and Open Government

The change from a unitary model of administrative organization to a multi-organizational model and the change in the relationships between government and private persons have led to a number of reforms in the functioning of government and administration. In this framework, the Act n° 241/1990 has innovated by giving full weight to the principles of participation and open government. In practice, administrative procedure is not only geared towards taking into account public interest, but has also become a major element for reconciling administrative efficiency and the protection of private interests.
Profil statistique de l’administration publique
Authors: Arabia Aida Giulia , Giammusso Valeria
Published: January 2024

A Statistical Profile of Public Administration

Statistical analysis helps isolating a few significant aspects of Italian administration. First, the abundance of legislation, which is a consequence of the sectorial character of numerous Acts and of an important production of emergency measures. Second, Italian administration is “multi-organizational” because the increase and complexity of functions have led to fragmentation and differenciation of structures. The analysis of personnel data illustrates this evolution : it reveals an increase in numbers, a “southernization” and a feminization of personnel. Public finance are characterized by a continuous increase of resources and expenses. The extraordinary increase of the number of administrative court cases is also a striking characteristic of the last fifteen years.
Le régime financier des assemblées parlementaires en France
Authors: May Michel
Published: January 2024

The Houses of Parliament’s Financial Settlement in France.

The sovereignty of Parliament stems from the principle of separation of powers as stated in article 16 of the french Declaration of human rights of 1789. Giving due respect to this sovereignty demands a financial settlement which guarantees a truly autonomous management. From the Revolution to Fifth Republic, rules and practices have efficiently safeguarded the financial independence of the Houses. Conventions of the Constitution have an important role to play. Written law, in turn, is sometimes generating paradoxical procedures.
Entretien avec Yves GUÉNA, vice-président du Sénat, sénateur-maire de Périgueux
Authors: Guéna Yves , Henry-Meininger Marie-Christine
Published: January 2024

Members of Parliament’s Views. Interviews with Yves Guena and Alain Richard.

Two french MPs tell their views about the means provided to the Houses of Parliament. In the french concept, the legislative’s work consists in amending, correcting and adjusting the Government bills. In this sense, Parliament has the necessary means to accomplish its mission. But in the field of counter-expertise and counter-proposals these means are more limited. The administrative services have a determining role in the management of the Houses and in the organisation of their work. The french interpretation of the separation of powers leads to a kind of isolation of Parliament’s officials and probably to a limitation of their career perspectives.
Le conjoint dans la vie diplomatique
Authors: Montferrand Catherine de
Published: January 2024

Diplomats’ Wives.

The real life of diplomats’ wives is far away from current clichés. A life of travels has its charms, but it is also full of inconveniences for the officer’s family. For professional life first, because one may forget any hope of a career. The fate of a spouse working for the private sector is probably much worse than the case of a civil servant. Second, the problem of children’s éducation is the most complex to solve. Children’s school life, with its successive ruptures and too short periods back in France, makes parents feel on the adventure path.
Débat
Authors: Boisivon Jean-Pierre , Coussirou Jean , Nioche Jean-Pierre , Prada Jean , Rouban Luc , Vigouroux Christian
Published: January 2024

Debate

A certain number of factors like the european construction, decentralization or worsening social deficits have questioned an administrative model that is becoming out-dated, causing among other things a general disruption of the top civil servant’s role. The latter’s place is nevertheless essential and it is therefore indispensable to suggest solutions that integrate the socio-economic evolution of the last forty years : increasing of remuneration preventing "the transfer to the private sector", development of managerial competences rather than strictly administrative, breaking the monopoly of the "grandes écoles", encouraging mobility, as much at national level as at international. But are these economic measures favouring top civil servants not concealing a deeper uneasiness within an administration that certain people would not hesitate to call "ossified" ?
La politique de la ville sur le terrain : le point de vue d’un maire
Authors: Robien Gilles de
Published: January 2024

Urban Policy in the Field : A Mayor’s Point of View

The issues raised by towns result not only from demographic movements but also from the new functions towns have to deal with, for which they have not been prepared : they have to integrate a human dimension and not only management. The growth of actions such as town contracts, emergency plans, the creation of an interministerial committee for urban policy show that public authorities are realizing the importance of this phenomenon. But the solutions which rarely go beyond initiatives or experiences seem bitty, insufficient, unadapted and sometimes short breathed. To deal with this situation a "Marshall Plan for towns" is needed, with differently oriented political choices -for employment, the development of urban district public services, local finances and local democracy -and a permanent mobilization of all actors involved.
Les paradoxes d’une institution : le sous-préfet chargé de mission pour la politique de la ville
Authors: Grémion Catherine , Mouhanna Christian
Published: January 2024

Paradoxes of an Institution : the Sub-Prefect in charge of Urban Policy

According to the decree of 28 January 1991, the role of the sub-prefect in charge of urban policy is to arbitrate, monitor and impulse urban policy in his département, but it is quite difficult for this official to find his place and to impose his authority in front of local authorities’ administrations -sometimes with three levels -and state field services. This can be explained by the administrative context in which the sub-prefect has to be integrated : sometimes the established administrative structures in charge of this policy are too ill-assorted, sometimes they don’t even exist, in which case many of the sub-prefect’s initiatives seem to stem from non-administrative motivations. This yet fragile institution does not have all the legal and financial means it needs and is badly supported by central ministerial departments.
Vingt ans de politique des quartiers aux États-Unis. Entre rêve et cauchemar
Authors: Jacquier Claude
Published: January 2024

Twenty Years of Urban Districts’ Policy in the United States -Between Dream and Nightmare

The United States are undergoing a deep urban crisis. It has a strictly urban aspect as far as it hits the downtown centers and the first urbanised circle. It is also a social crisis, because of the remaining poverty and the difficulties of integrating minorities. Successive democrat and republican administrations have proposed different solutions during the last thirty years, sometimes stressing the budgetary means available for communities, sometimes the role of private actors in a market economy, without great success. At the heart of the crisis, it is nevertheless possible to find developing communities which show a quite remarkable dynamism.
L’État, comme machine informationnelle
Authors: Ronai Maurice
Published: January 2024

Government as an information machine

It is in the nature of any organized government to collect and keep documents which contain informations on places and resources, goods and persons. However, disseminating these informations and elaborating information policies only started in the sixties. As the United States case shows government interests are at stake ; “information policy” covers different areas reaching form computerization policy to the development of a private information industry. In addition, the political dimension of data management is developped, as the influence of important indicators on public debate shows.
Le débat européen : un serpent de mer
Authors: Pitrat Charlotte-Marie
Published: January 2024

The european discussion : yet another monster of loch ness

The european discussion on the transfer of public data started in 1985 and evolved only slowly. The existence of important differences between member States and of different concepts about the public-private sector relationships are a big part of the reasons for the delays in setting up a common regulatory framework which is furthermore perceived by national governments as an intrusion in their internal affairs. In this context, supple directory principles set up by the Commission, which would serve as a “community reference framework” for member States, seem better adapted than the instrument of directives to a field where law rapidly and constantly changes.
La communication des données publiques et le droit de la concurrence : l’occasion manquée
Authors: Nouel Bertrand
Published: January 2024

Dissemination of public data and competition law : a lost opportunity

The circular of 14 february 1994 about dissemination of public data includes some rules which are an obstacle for the improvement of relationships between public and private sector. First, the circular forbids access to data for commercial use, whereas dissemination by public administration itself is discretionary, and the status of “raw data” (which are nobody’s property) is not settled. Secondly, the circular sets down principles which are opposed to equal chances as they are guaranteed by community competition law : prohibiting double financing leads public administration to offer its data to a price lower than the costs and as such as the market price ; as public administration uses its data without paying charges and without having separated its commercial activities, it benefits from crossed subsidies ; the right of public administration to charge clients for commercial use leads to discrimination between users and to double financing. All these principles are not sacred ; abandoning them is necessary to improve synergy between public and private sector.
Un impératif économique et stratégique
Authors: Mayer René
Published: January 2024

An economic and strategic imperative

Collecting, processing, disseminating public data is not only a result of the duty to inform imposed on public administrations in Europe because of their democratic legitimacy. It is as well an economic strategy : the public data reserve can be considered as an important source of job creation which cannot be neglected, today less than ever. But this means organizing information as an authentic trade : while possessing as performing material as the United States, Europe has not prepared itself to this trade ; this raises questions ; furthermore one has to realise that managing this trade has become indispensable to a country’s economy. This is why public administrations in Europe and particularly in France must reconsider and rethink the management of public data.
Le MITI et la déréglementation : dilemme et enjeux
Authors: Faure Guy
Published: January 2024

The MITI and Deregulation : Dilemma and Stakes

The MITI, a symbol of the influence of bureaucracy on politics and economy, has to face a reorganisation of govemment by deregulation. Internationalisation of the economy, the budgetary crisis, the influence of anglo-saxon neo-conservatism make this evolution inescapable. But it encounters many resistances, amongst others from the professions which are dwelling in the shadow of regulations and consumer groups. Far from sticking to its traditional positions, the MITI seems to take advantage of this crisis of govemment by becoming a defensor of deregulations which it sees as only a step towards more radical reforms of the national economic System.
Les contrôles juridictionnels et non juridictionnels
Authors: Takizawa Tadashi
Published: January 2024

Judicial and Non-judicial Controls

Judicial control is exercised by ordinary courts since administrative tribunals have disappeared in 1946, but are submitted to a specific legislation. Judicial control is a control of legality, appropriateness being only checked through the obligation to motivate decisions. Stay of execution is generally impossible. Non-judicial Controls are the result of administrative remedies (appeal to the decision makers themselves, hierarchical control and revision) and different mediation procedures. From a western point of view, the control of administration is limited in practice because japanese people do not like to intervene in public matters.
La protection du citoyen face à l’administration en Roumanie
Authors: Stanescu Dam Radu
Published: January 2024

Citizen’s Protection Against Administration.

After the revolution of 1989, the first steps of Romania towards the rule of law were the adoption of a new constitution and the adhesion to the European Convention of Human Rights. Nevertheless the judicial review of the administrative actions is still to be organized to guarantee an effective protection of fundamental rights. Even more, it is necessary to set up a real separation of powers.
Les formes économiques de la régulation des dépenses de santé en France : le gaspillage négocié
Authors: Letourmy Alain
Published: January 2024

Economic Regulation of Health Expenditure in France : Negociated Wastage

For more than twenty years the necessity of curbing health expenditure has been insisted upon in France. The diverse and varied measures put into place have produced only modest results and, while the mechanisms of regulation, at first imposed and then contractual, have to a certain extent been effective, financial organisation and the distribution of health care have considerably limited their scope. The process of regulation is equally hampered by the role played by institutional representatives since the creation of the health service in 1945. In fact the importance of negociation has led to a compromise being sought and forms of regulation being adopted which are least likely to disrupt the System.
L’administration publique en Allemagne et en France - Des systèmes différents, des valeurs communes
Authors: Marcou Gérard
Published: January 2024

Public Administration in Germany and France :

Different Systems, Common Values

In spite of exchanges and mutual influences which have existed for two centuries there are a number of differences between the French and German administrative Systems. The most important differences relate, on the one hand, to the theoretical underpinnings upon which the legitimisation of the role of the State rests, and, on the other hand, to the legal form of the State, which is federal in Germany and unitary in France. But, nevertheless, the ways in which the two countries have chosen to adopt their System of public administration are often of a similar nature and bear witness to the existence of common values.
Le système éducatif et les entreprises
Authors: Garagnon Jean , Merlin Christian
Published: January 2024

The Education System and Business.

One of the key objectives of public authorities is to bring about the necessary closer link between the education system and the economic sector, an objective which is pursued at both national and local levels. In addition to the already established system of apprenticeships, the new concept of sandwich-courses, run by schools in conjunction with businesses, has now been introduced. The broad policy of consultation between State and the professions is being pursued through bodies comprising representatives from the economic and the education sectors, albeit that their respective influence is not always equal. The relationship between State and the business sector is reinforced by the important role played by the regions in professional training. The success of sandwich-courses has led to a “modernisation” of the system of apprenticeships. One must, however, remain cautious ; professional education has been insufficiently re-evaluated because of its lack of a coherent system. Perhaps the quinquennial law will put an end to this situation of uncertainty.
L’action économique, l’État et les acteurs privés
Authors: Stoll Jean-François
Published: January 2024

Plurality within the structures in charge of foreign economic activity must be maintained because these structures are complementary. The private sector ought not to be set in opposition to the State sector, nor must diplomats be opposed to those people working in the Department of Economic Affairs. The demands of business with regard to foreign affairs are becoming increasingly specialized, concerning the area of financial aid as much as that of strategic planning and economic data.
La souveraineté culturelle face à la mondialisation des échanges économiques
Authors: Landry Alain
Published: January 2024

Canadian external cultural activities are considered to make a contribution to the pursuit of Canada’s strategic interests abroad. The international market is indispensable in making Canadian cultural products profitable. A further important aspect of foreign affairs is the area of higher education in which international collaboration must be strengthened in years to come.
Les enjeux de la concertation institutionnelle
Authors: Roche Jacques
Published: January 2024

The Stakes of Institutional Dialogue

The functioning of the Superior Council for the Civil Service and that of its trade union section could be improved. The same is true for the State of mind which presides over the dialogue engaged in by ail bodies which comprise representatives of opposing factions. Trade unions have always sought improved dialogue and increased participation but, at the same time, are more reticent about taking part in decision-making. Currently, and in the light of the escalation in recent months of aggressive conduct by trade union representatives, it appears very difficult to create a new structure to replace these bodies. The past weighs heavy in our country and trade unions have not hesitated to construe new structures as a very serious infringement of the rights which, over time, they have acquired.
Dérégulation des services publics et statut
Authors: Roux Jean-Paul
Published: January 2024

Deregulation of Public Services and the Status of Public Sector Employees

Jean-Paul Roux

The offensive against the public service has been launched. Neo-liberal thought, under the guise of modemity and under the pretext of Europe, is pursuing its strategy. However, the present social crisis, now more than ever before, is placing our public services at the heart of the struggle against exclusion, in order to reduce divisions in society. Europe itself, if its ambition is not limited to producing a vast area of free movement, needs a strong public policy guaranteeing the public interest in order to maintain its balance and its development. The idea of public service implies also the activities of those men and women who enable the services to fonction. In our country, the particular status of civil servants provide the guarantee for the execution of public service tasks.
Existe-t-il une procédure de codification du droit anglais ?
Authors: Samuel Geoffrey
Published: January 2024

Is English Law in the Process of Being Codified ?

Codification supposes a formalised and orderly system of norms, an idea which remains foreign to English law. The basis of the common law consists of causes of action which give a different content to legal concepts depending of the case in hand. The training of lawyers and the limited role accorded to academic scholarship are serious and long-lasting obstacles to any attempts at codification.
La codification du droit européen par les institutions de l’Union
Authors: Crossland Gerald
Published: January 2024

The Codification of European Law by the Institutions of the Union.

It is only recently that codification has featured amongst the central political questions being asked by the Commission in order to respond to the rising tide of criticism levelled at the chaotic state generated by the increase in legislation. Out of concern for transparency, for the accessibility of law and for succinctness, an accelerated process of codification of community law has been put into place by an agreement passed between the institutions of the Union. For the moment the project only concerns a codification of existing law, i.e. a compilation.
Le point de vue d’un parlementaire
Authors: Albertini Pierre
Published: January 2024

A Member of Parliament's point of view.

For a Member of Parliament, codification must first of all be viewed in the context of its influence on the legal system. While not entirely remedying the incomplete nature of our law, codification nevertheless contributes to the qualitative improvement of the rule of law by giving a framework to a body of rules which are often disparate, and by eliminating contradictions which result from the accumulation of legal norms. Codification must also be understood from a practical point of view because it is of undeniable interest to the understanding and the operation of law, preceding and being indispensable to any more general consideration of the conception and effectiveness of our law.
Les services du Président du conseil des ministres italien : une faiblesse persistante
Authors: Cassese Sabino
Published: January 2024

In Italy the Presidency of the council is a weak organisation and this weakness, together with massive governmental instability, has been transmitted to the staff of the President of the council. It was not until the period between 1961 and 1988 that the establishment of an internal organisation which belonged exclusively to the Presidency of the council of ministers got underway. Once put into place, these services developed considerably but they still conceal deficiencies and this is the reason why different reforms have been adopted in order to rationalise the organisation of the Presidency of the council of ministers and to reinforce its autonomy.
La Maison blanche et ses conseillers : une administration tentaculaire
Authors: Rockman Bert A.
Published: January 2024

The institutional System in America does not involve the existence of a singular top-level State institution - such as a cabinet - before which matters are brought together. However, at the heart of the presidential structure is one institution -the Executive Office of the President - which groups together a whole series of departments whose task is to assist the President. The staff of the presidential office has grown considerably since the beginning of the 20th century in order to address the requirements of the modem American presidency at a political, administrative and tactical level. The presidential political machinery is being called upon to develop further, but this evolution depends also upon the attitude of the President. In effect the way in which the summit is administered out varies considerably from one President to another.
La corruption : question morale ou problème d’organisation de l’État ?
Authors: Mény Yves
Published: January 2024

Corruption : a Question of Morality or a Problem of State Organisation ?

As an ethical problem, the practice of corruption nevertheless results, independently of the attitude of individuals, from mechanisms or institutions which allow it to continue, or at least do not rule it out. It is, thus, encouraged in situations where there is a conflict of interest required to be settled by a single individual, where there is too great an integration of pressure groups into the administration, where there is an ill-conceived devolution of power, and in cases of extreme politicisation of the highest strata of executive authority (at either national or local level). Every instance of corruption provides an illustration of the absence of the citizen and of the recipient of public services in an impoverished public debate.
La réforme du contentieux administratif
Authors: Gentot Michel
Published: January 2024

Reform of Litigation Procedures Before the Administrative Courts.

Administrative courts have given rise to numerous criticisms. Slow and inefficient, they are disinterested in the consequences of their decisions and, with regard to their caseload, still refuse to exercise the powers normally attributed to a judge. In the light of these criticisms a number of reforms have been undertaken. Some concern the organisation of the court structure which has evolved considerably since the law of 31 December 1987. Others, notably those introduced by the law of 8 February 1995, have conferred new powers upon the judiciary in order to guarantee more effectively that administration respect its decisions. Finally, over the past few years case law has also developed a good deal in securing greater protection of the rights of citizens.
Le virage technologique au ministère du revenu du Québec
Authors: Paré P.-André , Ouellet Roger , Guérin Ghislain
Published: January 2024

Turning Towards Technology at the Ministry for Revenue in Quebec.

Since 1994 the Ministry for Revenue has been using new information technology as a key means for improving its productivity. In the course of dealings with its clients the ministry has started to exchange information by electronic means, for example the electronic transfer of declarations of an individual’s income, the making of payments and the provision of State assistance by electronic methods. The priorities of the ministry are standardisation, security, use of intermediaries and transportation via a network which brings with it additional value. Difficulties have been encountered, the principle ones being the untested worth of electronic documentation, electronic signatures, the material limits of channels of communication and the lack of a cheap solution for businesses. The ministry’s other main project is its move towards becoming a paper-free office. To this end a variety of services have been introduced : electronic mail, management of computerised data, electronic libraries and specialised services for electronic communication.
La transformation de l’administration. Objectifs et contraintes
Authors: Cloete Fanie
Published: January 2024

The Transformation of Public Service Purposes and Constraints.

Since 1990 political changes have had a considerable impact upon South-African public services. The evolution has naturally occurred in favour of groups which were previously excluded because the aim has been to work towards the realisation of public services which are ‘run by the people and concerned with the problems of the people’, as set out in the White Paper on the transformation of public services. In order to achieve this objective cultural and structural changes must be made rapidly to public services. Particular attention must be paid to the provision of services where there is a risk of deterioration in that provision.