European Administration. Normative Fundaments and Systemic Models

Making use of the relevant literature in the area, this paper proposes a systemic approach to the European administration. The difficulty of the research design stems from the inconsistency of the regulations European treaties exhibit, as well as from the sectorial approaches, mostly of legal nature, on the conceptualization of the EU administration. To this we add the complexity of the analyzed process which, under the conditions set by the EU enlargement tends to overcome, both in sphere and content, many of the administrations of the federal states or international organizations. The systemic model we propose is a complex system, of a mixed architecture. It is there that the self-regulatory processes have a unique specificity and make use of both a legal foundation and of complementary processes such are those of Europeanization, convergence and administrative dynamicEuropean administration, European Administrative Space, Cybernetic system, Europeanization, Convergence, Administrative dynamics.

Executive Preemption

Preemption of state regulatory authority by national law is the central federalism issue of our time. Most analysis of this issue has focused on the preemptive effects of federal statutes. But as Justice White observed in INS v. Chadha,“[f]or some time, the sheer amount of law . . . made by the [administrative] agencies has far outnumbered the lawmaking engaged in by Congress through the traditional process.” Whether one views this development as a “bloodless constitutional revolution” or as a necessary “renovation” of the constitutional structure in response to the complexity of modern society, the advent of the administrative state has profound implications for the Constitution’s core commitments to federalism and separation of powers in general and for preemption doctrine in particular. Specifically, preemption doctrine has yet to resolve the extent to which executive action should be treated differently from legislation, or to grapple with the considerable range of diverse governmental activities that march under the banner of executive agency action. Federal administrative action is, in important ways, considerably more threatening to state autonomy than legislation is. As the constitutional limits on national action fade into history, the primary remaining safeguards for state autonomy are political, stemming from the representation of the states in Congress, and procedural, arising from the sheer difficulty of navigating the federal legislative process. These safeguards have little purchase on executive action. The states have no direct role in the “composition and selection” of federal administrative agencies, and much of the point of such agencies is to be more efficient lawmakers than Congress. Agency action thus evades both the political and the procedural safeguards of federalism. It remains true, of course, that “an agency literally has no power to act, let alone pre-empt the validly enacted legislation of a sovereign State, unless and until Congress confers power upon it.” But as Colin Diver observes, “a defining characteristic of the administrative state [is] that most statutes are not direct commands to the public enforced exclusively by courts, but are delegations to administrative agencies to issue and enforce such commands.” Preemption doctrine has developed primarily as a doctrine of statutory construction, focused on the intent of Congress, and transporting that doctrine into the administrative law context raises a number of difficult problems of translation. The Supreme Court’s preemption jurisprudence, unfortunately, has tended to ignore these problems. Instead of structuring preemption doctrine to account for the distinct position and characteristics of administrative agencies, the Court has tended to say simply that “[f]ederal regulations have no less pre-emptive effect than federal statutes.” I try to do a little better than that in this Article by addressing two basic sets of problems. The first involves questions of interpretation arising from an agency’s determination that congressional action has preemptive effect. The most prominent issue here is whether, where Congress’s own preemptive intent is ambiguous, courts should defer to the agency’s conclusion that a statute preempts state law under Chevron U.S.A. Inc. v. National Resources Defense Council. Such deference would create an important exception to the normal presumption articulated most famously in Rice v. Santa Fe Elevator Corp. that statutory ambiguity is resolved in favor of preserving state regulatory authority. I argue that although courts may continue to defer to agency interpretations of what the relevant statute does,Chevron should not be construed to require similar deference to agency conclusions about the law’s preemptive effect. The second set of issues arises when preemption is asserted on the basis of regulations, orders, or other agency activity, rather than grounded in the relevant statute itself. These instances of preemption are problematic because they seem to shift preemptive authority from Congress to the agency—a result that contravenes both the text of the Supremacy Clause and the structural safeguards of federalism and separation of powers. As a result, I suggest that we may wish to restrict the agencies’ role in preemption to interpreting what Congress has done. Failing that, however, I suggest a series of possible limiting principles, each of which would restrict administrative preemption to at least some extent beyond present law. My discussion proceeds in three parts. Part I offers a brief account of preemption doctrine and situates the issue of executive preemption within that account. Part II addresses the question of statutory interpretation and deference. Part III then turns to the independent preemptive force of agency action

The judges club of Egypt: a space for defending democracy and the independence of the judiciary

This thesis examines the Judges Club of Egypt [JCE] between January 1985 and March 2004. My research demonstrates that Egyptian judges rely on the JCE as a space for defending democratic reform and the independence of the Judiciary in Egypt. I will argue that while several laws and internal regulations within the Egyptian judicial structure forbid judges from being involved in any political activity, Egyptian judges craft strategic discursive mechanisms for expanding the role of the JCE beyond its seemingly confined function within the court. This thesis suggests that the JCE is a â meta-spaceâ [neither NGO nor officially part of the â stateâ ] in which judges debate controversial issues that often produce discursive shifts. By discursive shifts, I mean that their work motivates new ways of thinking and acting within the hegemonic judicial and legal contexts of Egypt. One example of the debates taking place within the JCE involves a debate over the separation of powers in Egypt. Examples of the mechanisms through which the JCE operates include written statements, general meetings, seminars, conferences, and proposals for new laws. By combining Marxist/ Gramscian and Foucauldian approaches to the meaning of law, with a focus on the concepts of power, knowledge, and hegemonic consciousness, this thesis suggests that while these judges are active participants in shifting discourses on law in Egypt, they are simultaneously constrained by a series of contradictory features related to the nature of JCE and the social status of judges in Egypt. While judges argue for democracy and equality, the nature of the JCE uses a hierarchical system that positions judges and prosecutors in posts of superiority and inferiority. Moreover, the judges themselves are socially positioned among the elite, which means that many of their own socio-economic positions and privileges often produce conflicting interests between themselves and the majority of Egyptian people who they align themselves with in the struggle for democracy and freedom

Family Business Succession Planning: Unleashing The Key Factors Of Business Performance

Family business studies are becoming more pervasive in Malaysia, and several studies have focused on factors that shape family-owned business performance levels. Succession planning issues, and specifically the succession issues and experiences of second or third generation family business owners (2GO/3GO), have not yet been explored at length. This study aims to revisit various factors that shape family firm performance by examining succession issues and transition experiences encountered by successors. Data were drawn from self-administered surveys completed by 55 2GOs and 3GOs. Descriptive, correlation and regression analyses were conducted to interpret our findings. The findings show that management styles, relationships between family members, values and beliefs and successor training significantly influence family business performance levels. The relationship between antecedents and business performance is found to be partly mediated by succession issues and fully mediated by sucession experience. Both theoretical and practical implications and avenues for future research are discussed

SEM Leadership Impact on Psychological Empowerment, Interorganizational Trust, and the Value Co-creation Environment

An unabating drive for continuous innovation in B2B manufacturing occurs due to global competitive pressures and shareholders demanding firm growth. Companies may emphasize partnerships and strategic alliances in this competitive environment to build value and create competitive advantage through innovation and worker ingenuity. This study investigates whether and how a combination of servant, empowering, and mindful leadership styles (SEM Leadership) influences the group culture by increasing the presence of psychological empowerment (PE), interorganizational trust (IOT), and cultivating a value co-creation context (VCC). The value co-creation process between supplier and customer is within management influence and represents a vital management lever to facilitate this required growth. The fuzzy-set Qualitative Comparative Analysis used in this investigation focuses on the conditions and outcomes in the boundary space between supplier and customer, assessing the necessity or sufficiency of SEM Leadership styles to foster an innovative culture. The research subjects are sales and procurement employees in the US steel-producing and consuming industry. The study discusses SEM leadership’s ability to psychologically empower boundary spanners who effectively cultivate and build interorganizational trust that, over time, becomes institutionalized. The main finding upholds the necessity and sufficiency of SEM Leadership for a value co-creation environment. Additionally, the research demonstrates some level of interchangeability between servant, empowering, and mindful leadership in achieving organizational results. This research suggests combining leadership styles might be better than adopting a singular style

From constitutional rule to loosely coupled spheres of liquid authority: a reflexive approach

This article develops a reason-based social foundation of new forms of authority, which often are liquid and sectorally limited. The recognition of authority hinges, in this view, on reflexive actors who are aware of their own limits of rationality regarding the lack of either information or a perspective that allows for the pursuit of common goods. In such a reflexive concept of authority, authority takers tend to monitor the authorities closely, and the internalization of the subordinate role is not a necessary part of it. Reflexive authority is embedded in the acceptance of a knowledge order that reproduces the authority relationship. In spite of a tendency toward institutionalization, reflexive authority often comes in a liquid state of aggregation, and almost always with a restricted functional scope. Moreover, this new set-up of authority creates social dynamics that add to liquidity. First, the encompassing constitutionalized rule with majoritarian decision making as major source of legitimacy is increasingly undermined by loosely coupled spheres of specialized authorities, which are most often justified on the basis of expertise. We can observe both the rise of international authorities in the absence of coordination between them, and the rise of similar authorities within the nation state that escape control of the democratic core institutions. As a result, authority gets fragmented and different authorities need to adjust to each other. The second implication of the argument is that democratic legitimation narratives become rare, leading to an ongoing legitimatory contestation of authorities. Both these processes make authority even more liquid

Systematic review of transition models for young people with long-term conditions: A report for NHS Diabetes.

Aims For many young people with Type 1 diabetes, transition from paediatric to adult care can result in a marked deterioration in glycaemic control. A systematic review assessed the effectiveness of transition models, or components of models, for managing the transition process in young people with long-term conditions, including Type 1 diabetes. This involved identifying (i) the main barriers and facilitators in implementing a successful transition programme, and (ii) the key issues for young people with long-term conditions and professionals involved in the transition process. Methods The following databases were searched from inception to August 2012: MEDLINE, EMBASE, PsychINFO, CINAHL, ASSIA, Social Services Abstracts, Academic Search Complete, Social Science Citation Index, Cochrane and Campbell Libraries. Selected studies included young people aged 11 to 25 diagnosed with long-term conditions who were in transition from paediatric to adult secondary health care services. Results 16 systematic reviews and 13 primary studies were included from 9992 records retrieved. No single transition model was uniquely effective. The most successful transitions centred around: young person-focused; age and developmentally appropriate content and delivery; self-management education; family participation; paediatric and adult collaboration; designated transition clinics; transition co-ordinator; young person’s portfolio; specific professionals training; multidisciplinary approach; structured process embedded in service delivery. There were no distinctive characteristics of condition-specific Type 1 diabetes services. Conclusion This important and timely review summarises the key factors that need to be considered for the development of transition programmes for young people with long-term conditions, including those with Type 1 diabetes