bluuebunny/crossref_metadata_2025_split huggingface dataset:
Classicisme et modernisme de l’administration allemande
Authors: König Klaus 
Published: January 2024

Classicism and Modernism in German Administration.
The German administrative System is at once both modem and classical. It is modern because it encompasses a distribution of functions via a series of sub-systems and contains autonomous areas of activity. It is classical because its mode of organisation has lasted despite political changes, because it is enriched by a legal culture which respects the principle of legality and because it is integrated into the world of economies. As in the rest of Europe, the scarcity of public resources dominates the question of the evolution of Germany’s administration. This does not necessarily mean a lesser role for the State, but involves a redeployment of State intervention in new areas of activity.
L’administration fédérale
Authors: Busse Volker 
Published: January 2024

The Federal Administration.
Traditionally in Germany a distinction has been made between the supreme federal administrative authorities, which come directly under the remit of a constitutional organ or a political authority, and the subordinate federal administrative bodies, which have the more particular task of putting into effect and applying legal norms. A second distinction must be made between «the direct federal administration» which is heavily dependent upon the State and «the indirect federal administration» which possesses more autonomy. As in most other European States an important process of changing mentalities and changing modes of government has occurred in Germany with the aim of ensuring better administrative efficiency and greater concentration by the State on its essential functions.
L’administration des Länder. Le cas du Bade-Wurtemberg
Authors: Frank Martin 
Published: January 2024

The Länder Administration - The Case of Bade-Wurtemberg.
The administrative organisation of the Länder falls within the competence of the Länder themselves. Despite this freedom, it is noticeable that the administrative Systems of the Länder are remarkably similar, so that one may legitimately confine oneself to describing only one of them. In Bade-Wurtemberg there is a devolved form of administration which is spread over three levels : high administrative bodies and superior sectors of the administration constitute the upper level, special superior administrative sectors form the intermediary level and subordinate administrative organs and special subordinate administrative sectors make up the lowest level. The government in the Land is the most important organ out of those which make up the highest level of administration.
La formation professionnelle : une recherche difficile de partenaires
Authors: Luttringer Jean-Marie 
Published: January 2024

Professional Training : the Difficult Search for Partners.
The “French System” of continuing education was started 25 years ago as a result of political desire to redefine the State’s role within the nation. The State sought to play its part with respect to policy orientation, but without paralysing the actors in the social sphere. This system of social regulation has proved effective and capable of adapting to change. Of course, co-operation between autonomous bodies, in order to secure a single objective, is not always easy. The practice of negotiation, rather than imposition, in decision-making, and the multitude of actors can lead to confusion and complexity. It remains the case that, in this area, contracts are used in preference to both State régulation and complete deregulation. This probably represents the best way of ensuring life-long access to education for everyone.
La décentralisation du système éducatif
Authors: Simon Jacky , Carle Jean-Claude , Legrand André , Maisl Herbert , Niveau Maurice , Pourchet Gérard 
Published: January 2024

Decentralisation of the Education System
Décentralisation grants the freedom necessary for innovation and makes those involved responsible for their actions.
Nevertheless it demands that a balance be maintained in the distribution of powers between local authorities and the State. Particular difficulties anse with respect to the complex structure of local bodies and to a weakness in the management of human resources. Universities could benefit from a partnership with the State and local authorities. It is noticeable that, despite problems in the system, decentralisation is universally positive with respect to the performance of the education system. Its success depends upon everyone collaborating together.
L’adaptation de l’administration centrale aux données nouvelles
Authors: Wiener Céline 
Published: January 2024

Adapting Central Administration to New Facts
The smooth running of the education system requires that central administration be in a position to play a role in its conception, implementation and evaluation. Currently various factors prevent this : the service is hampered by the requirement to carry out too many managerial tasks which have not been delegated ; the multitude of authorities interferes with the coherency of policies ; and the traditional hierarchical model habitually precludes any negotiation of means and objectives. An increase in the devolution of responsibilities to local level, together with a tightening of central structures, would improve the functioning of the institution ; this ought to be accompanied by more ordered and better utilised internal assessments.
La fin des politiques éducatives ? Analyse comparative
Authors: Leclercq Jean-Michel 
Published: January 2024

The End of Policies on Education ? A Comparative Analysis.
Up until the end of the 1970s policies on education were dominated by society’s political choices. Today political crisis has led to attention being focused instead upon the very functioning of education systems and upon their effectiveness. This translates into primacy being given to school results, importance being attached to teaching processes and leads to an increasing harmonisation of education policies.
Du bon usage du paritarisme
Authors: Aschieri Gérard 
Published: January 2024

Making Good Uses of Equal Representation
Gérard Aschiéri
Bodies which comprise representatives from ail sides allow for the opinions of ail personnel to be expressed, whether it be about career matters (for example the CAP) or about the general organisation of public services and the texts which accompany their operation (for example the CTP and the Superior Council for the Civil Service). Their effectiveness depends upon both the practices adopted by trade unions and those adopted by the govemment. Taking the experiences of a trade union as its starting point, this article offers some reflections upon the conditions which governs efficiency and the problems which arise as a consequence : such as functioning, preliminary discussions and the recognition of the representative character of organisations.
La transformation du jeu social entre les services publics et leurs agents
Authors: Charles-Le Bihan Danielle 
Published: January 2024

The Transformation of the Social Interplay Between Public Services and their Staff
Danielle Charles-Le Bihan
The opening up in France of the major public services to competition has been accompanied by a sensitive social agenda, which has generated real confusion between public services and the State. Changes in the status of companies charged with carrying out public services and in that of their personnel, are linked to the destiny of the concept of public service. From the point of view of personnel status, this period of transition calls into question the traditional criteria establishing civil servant status and basic concepts such as the "mission" and the "organisation" of public services. Socio-professional relations are tom between the logic of the general interest (which civil servants are charged with pursuing) and the logic of the market place (which strongly imbues the developing contract culture). This change in social relations as the heart of businesses charged with the task of carrying out public services leads us to rethink the notion of public service in order to construct a new social legitimacy.
Les conditions de la réussite de la réforme de l'État et de la modernisation de l'administration
Authors: Gualezzi Jean-Pierre 
Published: January 2024

The Conditions for the Success of State Reform and the Modernisation of the Administration
Jean-Pierre Gualezzi
Confronting a question which is eminently political, but the handling of which will rebound upon the future of millions of employées, public sector trade unions must, more so than in other areas, take their full measure of responsibility. But this is subject to two conditions. Reform should put into question neither the very essence of the notions of State and public service, nor the fondamental guarantees from which public sector employees benefit. Reform must be undertaken for, and with, employees and should not represent a form of entrapment for them. Hence the necessity to accompany reform with intense and appropriate social dialogue.
Des codes à la codification
Authors: Cassese Sabino 
Published: January 2024

From Codes to Codification
The idea of codes, as they were conceived of in the 18th and 19th centuries, is currently being called into question by a series of factors which render the law much more obscure and complex. In order to address this situation various solutions are utilised in western democracies, amongst which features the codification of existing legal measures to retain law’s ‘constancy’, leading to the introduction of codes which are extremely different from those of the 18th and 19th centuries. They are, in effect, much more specialised and lay no claim to permanency, the aim of codification being in future to reduce the intermediaries between law and citizens.
L’utilisation de l’outil informatique : l'exemple du code général des collectivités territoriales
Authors: Catta Élisabeth , Tauziac Véronique 
Published: January 2024

Making use of Information Technology The Example of the General Code for Local Government.
The Codification forms part of the public policy of rationalisation under the aegis of an institution (the Superior Commission on Codification). The use made of information technology to this end reduces the potential of traditional written forms of law. The creation of the general code for local government, the construction of which reflects an empirical approach, has enabled a method and a set of tools to be fashioned which pave the way for a new conception of the management and understanding of texts.
La codification et la reconstruction d’un système juridique en Roumanie
Authors: Popescu Sorin 
Published: January 2024

Codification and Reconstruction of a Legal System in Romania.
Romania is a country which has a long tradition of codification, using it as a means to address the disorder of legal norms brought about by the period of transition. The legislative council has been charged with this task. Since 1991 it has identified the norms which constitute positive law and has proposed that parliament repeal more than 2,000 texts. Equally it plays an active part in the process of enacting new legislation.
L’accélération de l’action administrative
Authors: Chevallier Jacques 
Published: January 2024

Speeding up the Pace of Administrative Action.
During the 1980s, France, following a trend set by other Western countries, developed amongst its policies of modernisation a programme for speeding up administrative action. This policy of acceleration, which calls into question a model of administration which is bureaucratic in nature, is being pursued via numerous reforms, ranging from a reduction in the time taken by the administration to respond to requests, to consideration of the means for bringing about changes in the structure of the administration. However, the bureaucratic model is resistant, even to the point of deviating from the objectives of the reforms. Furthermore, other aspects of the policies of modernising the administration require actions which may themselves contribute to a slowing down in the process of change. The protection of the rights of citizens, citizen participation in the running of the administration, the quest for improvement in efficiency ail appear to be imperatives of a higher order which eclipse the requirement for a quickening pace of administrative action.
La politique culturelle en France : les réformes envisageables
Authors: Rigaud Jacques 
Published: January 2024

Cultural Policies in France : Imaginable Reforms.
Despite alternating political powers and the diversity of ministerial styles, there is a unity and a continuity of cultural policy under the Fifth Republic. But these days this cultural policy has its limits and the time has arrived to give it a new momentum. Thus, the creation of an inter-ministerial committee would allow the attention of all departments to be drawn to their cultural responsibilities. But especially it is via the reinforcement of links between national education and the world of culture that access by the greatest number to cultural practices may be developed.
Le gouvernement du Québec et l'autoroute de l'information : premières orientations politiques
Authors: Thivierge Robert 
Published: January 2024

The Quebec Government and the Information Super-highway : Initial Political Trends.
The Secretariat for the information super-highway which was created by the government of Quebec in 1995 has been given the task of determining Quebec’s strategy for setting up the information super-highway and co-ordinating the execution of this strategy. The spheres for government action in this respect have been grouped into seven areas (education, culture, language ...) ; in each sphere objectives have been identified allowing the construction of action plans which will be put forward to the various ministries and bodies concerned. Numerous consultation exercises operating on this basis should lead to the introduction of a government-approved text which will constitute the strategy-plan for the development of the information super-highway.
L'apport des nouvelles technologies de traitement et de transfert de données pour les simplifications des formalités administratives
Authors: Prada Jean 
Published: January 2024

The Assistance of Data Processing New Technologies and Data Transfer in Simplifying Administrative Formalities.
The administration, in its use of new technologies, is looking to improve the reliability of data and the simplification of its own methods of data processing. The simplification of the management of its ‘partners’ is too often relegated to second place. In the last few years progress has been made in this respect, which has led to account being taken of the constraints under which users operate. This new way of working has been the object of a close between actors in the economic sector and citizens.
L’implantation des technologies de l'information au Québec
Authors: Lemay Martial 
Published: January 2024

The Instalment of Information Technologies in Quebec.
Technological changes are occurring at a time when international competition leaves little margin for manoeuvre open to governments and private companies. Hence it is an opportune moment to reflect upon the necessary conditions for success. Past experience shows that those with responsibility for the provision of services to the administration’s clientele have been charged with the management of administrative changes, that a certain number of technological choices have been made by governments and that every organisation has been decentralised. Changes in context and the evolution of new challenges mean an evaluation and substantiation of the conditions of success which operated in the past.
Comment les hauts fonctionnaires pourront-ils s'approprier les nouvelles technologies de l'information ?
Authors: Richard Jacky 
Published: January 2024

How Might Civil Servants Make Use of New Information Technologies ?
The use of new information technologies encompasses three requirements : the need to distinguish between control over the operation and control over the output, the need to develop tools for piloting and for forward-looking management, and the need to construct frameworks for strategic coherence. What is at stake with regard to the new information technologies relates to their usage and not to their functioning.
La codification réformatrice. L'exemple du code civil québécois
Authors: Jutras Daniel 
Published: January 2024

The Reformist Codification — the Example of the Civil Code of Quebec
As a result of much hard work Quebec has succeeded in totally revising its civil code. The 1994 attempt at codification is premised upon modernisation and appears more of a political than technical exercise. It is a truly reformist measure whose success logically depends upon its effectiveness. Any judgement of the code must take into account the pluralist nature of enacting legal norms.
Le saut de l’ange
Authors: Dreyfus Françoise 
Published: January 2024

The Swallow Dive
Within the context of the advent of a democratic regime, the transformation of the administration is crucial for the success of public policies and, particularly for the credibility of the government, which is not judged on its intentions but on their realisation. This radical transformation must touch as much upon the organisation and management of the administration as upon the rules governing administrative personnel. Such a policy, entered into on a voluntary basis, and which is a strict condition for financial aid from the IMF and the World Bank, has to succeed quickly because it risks coming up against a multitude of obstacles which may put into doubt the electorate’s support for the government.
Lire la Constitution à travers le prisme de la philosophie morale
Authors: Meyerson Denise 
Published: January 2024

Reading the Constitution Through the Lens of Moral Philosophy.
According to the Constitution, limitations to constitutional rights should not infringe the values of dignity, equality and freedom. This requires that the objectives of the state be submitted to a form of control which guarantees all citizens a significant degree of protection against state coercion. The state is obliged to justify any limit imposed upon a right which is protected by the Constitution in neutral terms, or in terms to which any reasonable citizen would attach a certain weight. Analysis of the implications of this test in the areas of freedom of religion and freedom of expression must not obscure the fact that control is of a general nature and may apply in numerous other areas as well. Finally, the obligation for the state to observe a certain neutrality has nothing to do with moral neutrality, neither with respect to the state’s position in the face of social and economic inequalities, nor with regard to the consequences of these inequalities on political life.
Le citoyen, le pouvoir et le droit administratif
Authors: Davis Dennis 
Published: January 2024

Citizen, Power and Administrative Law.
The traditional distinction between public and private spheres is now less certain and more debatable than ever before. Globalisation and the development of private bodies with greater resources than many national governments require that we undertake the search for a better balance. This development is being taken into account in the new Constitutional era which has dawned in South Africa following the 1994 elections. The courts will, therefore, act as mediators in assessing the exercise of public and private powers and the aspirations of citizens.
Autriche : une fonction publique politisée en perte d’influence
Authors: Liegl Barbara 
Published: January 2024

Austria : a Politicised Civil Service Losing its Influence.
The Austrian civil service presents several distinctive features which are rarely found in other countries. Austrian history demonstrates that, for a long time, a close relationship has been maintained between the civil service and politics. Study of this relationship reveals to what extent civil servants' membership of a political party could influence their career. It leads in particular to the question of whether or not political affiliation limits civil servants' freedom of action.
L’échec, mode d’emploi
Authors: Timsit Gérard 
Published: January 2024

Failure, User’s Guide.
Failure might be for an institution just a type of apprenticeship. However, to reflect on reforms sends one back to quite a few myths that can be explained by the refutations of reality. A real critical and thought out session about reforms is needed and, in this regard, a few precautions must be taken. Administrative reform suffers, in fact, of an over rationalization of the object to which is applied and of an under rationalization of the strategies that are used. To evolve, one must use in the most rigorous manner possible a System of evaluation ex-post and ex-ante.
Les agences exécutives au Royaume-Uni et les questions de responsabilité
Authors: Harlow Carol 
Published: January 2024

Next Steps Agencies and Problems of Accountability.
The term ‘accountability’ is a relatively modern interloper into the vocabulary of constitutional law, and its successful diffusion should almost certainly be regarded as significant. The word possesses no exact meaning and appears to embrace aspects of more traditional terminology of ‘responsibility’ and ‘control’. Next Steps Agencies are a technique of managerial administration designed specifically to increase accountability. But the examples given clearly illustrate the insufficiency of the present arrangements for accountability. This reform failure has caused problems at a political level concerning ministerial responsibility. Select Committees thereby continue to challenge the government and demand powers to question and discipline the real authors of administration.
Gouvernance et décentralisation. Leçons de l’expérience
Authors: Rosenbaum Allan 
Published: January 2024

Governance and Decentralisation. Learning from Experience.
The decentralisation movement has thrived on the disillusionment surrounding the capacity of centralised systems to realise necessary reforms effectively. Amongst the advantages of decentralisation, the influence that it may have on civil society should be stressed. The existence of active local authorities brings with it a proliferation of opportunities for citizens to act. The fact that this opening may also have negative consequences should not be overlooked. Democratisation must be accompanied by a fair allocation of responsibilities. With there being no a priori applicable model, adjustments are inevitably necessary.
La protection des données personnelles en Espagne
Authors: Mestre Delgado Juan Francisco 
Published: January 2024

Data Protection in Spain
Conform with the Spanish tradition, the organic law of 1992 concerning electronic data processing is situated within a perspective of protecting fundamental human rights. This law seems to be in conformity with both the Council of Europe's Convention of 20 January 1981, the direct applicability of which has been explicitly recognised by the Constitutional Court, and the European directive.
L’autorité de contrôle : «vues» de Bruxelles
Authors: Poullet Yves 
Published: January 2024

The Supervisory Authority : 'Views' From Brussels
An examination of the situation in several countries (Belgium, France, Greece, Italy, Portugal and the UK) with regard to the provisions of the European directive concerning the supervisory authorities reveals the stakes involved in the directive's transposition into domestic legal orders. The decisions of these supervisory bodies will in future be obligatory and therefore susceptible to judicial review. Their independence, which has been reinforced, leads to prioritisation of functional as opposed to organic criteria. New challenges emerge when putting into operation these provisions : such as co-operation, technical expertise and the risk of sectorisation.