PUBLIC
ADMINISTRATION ADMINISTRATIVE AND
POLICIES CLASSES
BBA I - 2020
Outline
1. General information
2. Purpose and scope of the classes 3. Final grade
4. Administrative policy – repetition of the key theoretical information
5. Homework 1
General information
◦Teacher: Karolina Kulińska https://prawo.uni.wroc.pl/user/18113
◦Office hours: Friday, 12.00-13.00
◦Recommended handbook: Additional handbook: Dyduch, Klimowicz, Michalewska-Pawlak,
Selected Policies of the European Union Evolution in the Context of the Treaty of Lisbon and the Europe 2020 Strategy, 2012.
◦During state of epidemic office hours take place via Microsoft Teams. Each group has its separate team which you can find here:
Group 1:
https://teams.microsoft.com/l/team/19%3ada3279b7b4764bbca8b94bbb91c762ca%40thread.tacv2 /conversations?groupId=9a214aaa-5f3b-440d-aef1-bdf30c6f3854&tenantId=2b71bef9-3b13-4432 -b5f4-1f5ac2278d0c
Group 2:
https://teams.microsoft.com/l/team/19%3ae0197ba173f540e3abe3a0611b1ec190%40thread.tacv2 /conversations?groupId=457fe466-9197-445b-92ce-1677103fa16d&tenantId=2b71bef9-3b13-4432 -b5f4-1f5ac2278d0c
Group 3:
https://teams.microsoft.com/l/team/19%3a9cd99814d53f4d0ea8aed0f55280c3c4%40thread.tacv2 /conversations?groupId=440ef7aa-8d8e-4ad6-b7a2-36567d160409&tenantId=2b71bef9-3b13-4432 -b5f4-1f5ac2278d0c
Purpose and scope of the classes
◦ Unlike lectures (which focus primarily on the theoretical aspects and conceptual
framework of the public administration and its policies), during classes we are
about to focus on sectoral analysis of selected policies. By sectoral (or purpose
oriented) approach we are going to identify variety of measures used by public
administration in order to achieve its goals and create long term strategies. This
way, at the end of the course you shall be able to independently identify rules,
regulations and executive bodies (administrative authorities) relevant for your
future business and/or other operations.
Final grade
◦
As stated in the classes outline (which you received on paper on our first class) the final grade (100%) consists of two elements:
◦
1. Active participation (40%) and
◦
2. Research project (60%).
◦
Ad 1. Due to extraordinary circumstances and online course of study, the equivalent of active participation will be homework that you are going to receive biweekly via Teams. Completion of all homework in scheduled time = full 40% in the area.
◦
Ad. 2. The key component of the final grade is a research project. Students, in a group of 2 (max. 3), shall prepare a research on a chosen topic from the list you received on the first class. All topics relate to one area of EU policy. The task is to find:
◦
1. legal sources (at least one),
◦
2. institutions (administrative authorities/bodies) responsible for creation and/or implementation of the chosen policy, and
◦
3. describe at least one example of contemporary initiative within the chosen policy or – alternatively – one policy-related case law analysis,
◦ 4. list of sources!
◦
You shall prepare your findings in form of either: 1. power point presentation, or 2. an essay
(appox 5 pages).
Final grade
◦ After competing the task you shall send you paper/presentation to me via e-mail in order to get a feedback. After receiving a feedback and amendments (if necessary) you shall upload your paper/presentation on Teams and all your classmates can ask you a question concerning your topic (in order to encourage you - taking part in the discussion, i.a. asking a question counts as extra 5% of the grade ;)). We will set up 2-3 presentations for open discussion bi-weekly (you will receive a prior notice in advance). After the open discussion over your research on the above described terms you will receive a grade for your project.
.
Final grade
◦ FAQ
1.Can I prepare a research on the selected administrative policy area that is not included in the list of topics that we received?
Yes, all propositions are welcomed. Purpose of the task it for you to gain knowledge in the policy area that is related to your personal interest or career goals.
2. We are supposed to prepare projects on the example of the EU policy, but I would rather describe an example of country X policy. Can I do that?
Yes, but you must follow the same essay structure (legal sources for the given policy in that country, administrative institutions, example of current initiative/case).
3. Since we have to work on-line, do we still have to work in pairs/groups?
Yes, your research shall be prepared in groups of 2-3 students. However, if there is some kind of obstacle preventing you from doing so (like technical difficulties) I will accept individual papers as well (just let me know in advance).
4. Is it possible that 2 or more groups will cover the same topic?
Yes, but you must consult each other and present different initiative within chosen policy.
5. Dear Teacher, I MUST receive the highest grade (5). How do I make sure I receive 5 from the project?
If you follow all the steps from previous slides and keep the proper structure of your work (1. legal sources (at least one), 2. institutions (administrative authorities/bodies) responsible for creation and/or implementation of the chosen policy, and 3. describe at least one example of contemporary initiative within the chosen policy or – alternatively – one policy- related case law analysis, 4. list of sources!) then there is nothing - except plagiarism - stopping you from success
What is administrative policy?
◦The notion of ’administrative policy’ may be used differently in various sources depending on the context. The subject matter of this course in are the policies of public administration.
Public Administration as described by prof. Supernat:
Public administration means satisfying collective and individual
needs of people, arising from their living together in
communities, by a state and its dependent bodies (central
administration and local administration), its independent bodies
(decentralized administrative agencies), as well as – within the
framework of conferral – by local government bodies (local
authorities) and bodies of extra-state (supra-state)
organizations.
Collective and individual needs
◦Which needs shall be satisfied by the public authorities? Who decides? What about the market regulations?
In administrative sciences we can find different approaches and theories regarding this fundamental question, One of them is the idea of a welfare state. The welfare state is a form of government in which the state protects and promotes the economic and social well-being of the citizens, based upon the principles of equal opportunity, equitable distribution of wealth, and public responsibility for citizens unable to avail themselves of the minimal provisions for a good life.
On the other hand, some governments actions are purely oriented towards economic liberalism, which is an economic system organized on individual lines, meaning that the greatest possible number of economic decisions are made by individuals or households rather than by collective institutions or organizations. It includes a spectrum of different economic policies but its basis is on strong support for a market economy and private property in the means of production.
Although economic liberals can also be supportive of government regulation to a certain degree, they tend to oppose government intervention in the free market when it inhibits free trade and open competition.
That is why in international dimension we must identify focal points of administrative policies of a given subject (a supra-national organisation such as the EU, State, local administration) on case-by-case basis.
Administrative policy
– definitions and aspects
◦ According to J. Jeżewski, "we deal with administrative policy in all those situations in which public administration (more precisely - administrative bodies), is actively involved, and in situations in which administrative transformations are decided.
This way one can indicate the subjective scope of administrative policy. However,
the content of this policy is to indicate, on the one hand, the method of legal
regulation, and on the other, to determine the most effective legal methods of
administration to achieve public goals."
Administrative policy
– definitions and aspects
◦ Jan Jeżewski sees in this definition two aspects of administrative policy:
◦ 1) policy towards administration - it is "the policy of shaping public administration, its structure, as well as the basics and main directions of functioning. The impulses regarding transformation in administration are based on assessments formulated within the administration itself or outside it: in political circles or in parliament; whereas decisions on these issues are generally taken outside the administration - in parliament, in the legislative procedure. Therefore, the administration co-creates this policy and is also its subject; "
◦ 2) administration (administrative) policy - this is "the policy carried out by the administration in various areas of legally defined public tasks, developing goals, priorities, designing means and methods of action and anticipating effects. The basis of this policy is always legal norms, which, however, as practice shows, can more or less strictly determine the operation of administration in specific areas.
◦ Our course focuses primarily on the second of those aspects.
Administrative policy
– definitions and aspects
◦Presented definition is consistent with the approach presented by other administrative scholars, for example:
◦"(...) the essence of administrative policy is primarily to determine the most useful (effective) methods of legal regulation in a given field and to determine the most effective ways of operating the administration, ways acceptable under existing legal conditions. It is therefore optimal approach to the legal expression of state policy - for legal instrumentalisation of internal policy in general and in specific matters “ (M. Kulesza)
◦Administrative policy focuses on the infrastructure of the public sector and is an indirect form of policy (Christensen and Lægreid 1998a). By active administrative policy we mean processes involving intentional efforts by central political administrative actors to alter through policy the structure, processes or personel of the public sector (Olsen 1988). An active administrative policy is concerned with changes that are the result of intentional efforts, not administrative change in general. (Robinson, Glen O. "Making of Administrative Policy: Another Look at Rulemaking and Adjudication and Administrative Procedure Reform." U. Pa. L. Rev. 118 (1969):
485.)
