FROM THE EUROPEANIZATION OF LAWMAKING TO THE EUROPEANIZATION OF NATIONAL LEGAL ORDERS: THE CASE OF AUSTRIA

This article addresses the scope of legal Europeanization with regard to Austria, a 1995 accession country. Depending on the choice among several plausible indicators of legal Europeanization, the relative impact of the EU varies greatly. The share of EU-related legislation peaked in the pre-accession period when most of the acquis communautaire needed to be adopted. In the membership period, legislation that relates to the EU accounts for almost 25 per cent of the enactments. Although government decrees outnumber laws as the means of transposition, EU-related rules constitute a much smaller share of delegated legislation. Collectively, EU-related rules constitute a tenth of Austrian legislation. Yet by mid-2003, 42 per cent of Austria's original laws—the core of its legislation—were related to EU rules. While falling short of some inflated expectations, legal Europeanization is indeed a major feature of Austrian legislation. The article confirms expectations derived from the political controversy of EU affairs, federalism, and legal traditions. When we refer to 'legal orders' in the article we mean the entire body of legislation in force; we use the term 'legislation' to refer to recent additions to the body of legislation.     

MINISTERIAL ADVISERS,POLITICIZATION AND THE RETREAT FROM WESTMINSTER: THE CASE OF NEW ZEALAND

Political advisers are an established third element in a number of Westminster‐styled jurisdictions, as they are in New Zealand’s institution of executive government. In this paper we report the initial findings of a research project focusing on the role and accountabilities of ministerial advisers in New Zealand. We locate these findings in the context of a growing body of international and comparative research on the role and accountabilities of non civil‐ or public‐service advisers within political executives and comment on the extent to which the findings affirm or refute the view that the ‘third element’ constitutes a threat to the continued application of Westminster principles and practices in New Zealand’s system of government – once described as more Westminster than Westminster. In doing so, we highlight deficiencies in standard conceptions of politicization and argue that there is a need to more clearly differentiate between its procedural and substantive dimensions.     

PUBLIC ACCIDENT INQUIRIES: THE CASE OF THE RAILWAY INSPECTORATE

For over a century the public investigation of railway accidents has been an important part of the Railway Inspectorate's regulatory activity. This article examines the circumstances and conduct of these inquiries, paying particular attention to their purpose and how this is influenced by wider social and political concerns. It also traces the Inspectorate's efforts to maintain the inquisitorial rather than accusatorial style of these inquiries and discusses their possible demise as a result of a growing tendency towards a legalistic approach to accident investigation.     

THE UNITARY STATE AS A SYSTEM OF CO-GOVERNANCE: THE CASE OF THE NETHERLANDS

The original institutional design of Dutch administration and intergovernmental relations is commonly referred to as the 'decentralized unitary state'. However, the views of traditional administrative theorists have been misrepresented. Hierarchy, uniformity and the separation and delimitation of layers of government are not, as often alleged, the theoretical underpinnings of the Dutch unitary state. Rather, classical theory emphasized interdependence, diversity and the dynamic interaction of relatively independent layers of government. This image suggests that Dutch administration does not need a greater separation of layers of government but better means for regulating conflict. It also suggests that the unitary state comes in several guises and cannot be equated with a monocentric system of government.     

INDIVIDUALS AND THE DYNAMICS OF POLICY LEARNING: THE CASE OF THE THIRD BATTLE OF NEWBURY

In recent years, the phenomenon whereby key individuals introduce effective ideas into policy processes has been identified as a vital agent in the redefinition of policy issues. In turn, this raises the basic question of how these individuals themselves undergo processes of learning and change. The article examines three models of policy learning in order to analyse what they may tell us about the dynamics of individual learning: the advocacy coalition framework; the process of learning by means of ‘development’; and issue redefinition through processes of punctuated equilibria. The models are examined in the context of the learning dynamics of three key individuals within the salient anti‐bypass group the ‘Third Battle of Newbury’. The article’s conclusion identifies three apparent paradoxes in individual learning dynamics and attempts to answer these with particular reference to the concepts of frame reflection and regulation by means of norm setting.     

REPRESENTING EUROPE: THE EMERGING ‘CULTURE’ OF EU DIPLOMACY

Debate over ‘loyalty transfer’ in the European Union (EU) centres on the assumption that elite socialisation and ‘spillover’ processes lead inevitably to changes in the behaviour and identities of European officials. This article interrogates that notion by exploring how officials in the EU external delegations represent Europe. The Lisbon Treaty (2009) will transform the delegations in ways that are emblematic of the EU's evolution as a global actor. Drawing on empirical insights we examine the way EU diplomats embody the European idea and understand their role in promoting ‘the European Union interests and values around the world’. At a moment of historic transition, the article highlights some of the cultural dynamics currently transforming European diplomacy and how officials conceptualize their work of ‘delivering EU external relations policy’. We argue that Europeanization and loyalty transfer are complicated by inter‐institutional rivalries that raise problematic questions over who can best claim to ‘speak for Europe’.     

ORGANIZATIONAL STATUS AND PERFORMANCE: THE CASE OF THE SWEDISH PHARMACIES

In recent years, studies of the relationship between organizational status and success have focused largely on organizations transferring from the public to the private sectors: pharmacies in Sweden provide a case study of organizational status change in the reverse direction. Popular belief suggests progressive deterioration in the performance of an organization where ownership changes from owner-manager to public corporation, market conditions change from competition to monopoly, and internal management becomes increasingly command orientated. This article explores change in various performance and organizational variables in the National Corporation of Swedish Pharmacies, from its creation in 1971 until 1990. The corporation displays a high degree of stability amongst its senior management team, task specialization amongst employees is low, whilst standardization of working methods is high. Decentralization of authority has occurred over several years. A review of several measures of success, including productivity, financial ratios and innovation, demonstrates substantial progress over the period, comparing favourably with other Swedish public sector organizations. It is concluded that public sector ownership and monopoly supply need not result in deteriorating performance and lack of innovation, provided that criteria for success are clearly stated and properly monitored.     

ECONOMIC DISCOURSE AND THE MARKET: THE CASE OF COMMUNITY CARE

The UK government has introduced fundamental reforms into the provision of social care. The'community care'programme, which was fully implemented in 1993, requires local authorities to assess the needs of potential users, to design an individual package of care that reflects those needs, and to purchase the package from a range of statutory, voluntary and private providers. Thus the new arrangement introduced a'quasi-market'in community care, along the lines of those already operating in other areas of the UK public sector, such as health and education. Hitherto, much analysis of the functioning of such markets has been conducted within a neo-classical economic framework. This article examines the relevance to the complex new community care market of three alternative theoretical perspectives: the transaction costs literature, the Austrian school and the new economic sociology. It is concluded that, although neoclassical economic discourse has been influential in shaping policy, no single perspective can capture all the issues relevant to analysing the market in community care. Therefore, in evaluating the reforms, an eclectic theoretical approach will be required which draws upon a variety of economic discourses.     

THE ROLE OF POLITICIANS AND ADMINISTRATORS IN DEPARTMENTAL REORGANIZATION: THE CASE OF THE DEPARTMENT OF THE ENVIRONMENT

This article examines the history of the Department of the Environment from its creation in 1970 to the formation of the Department of Transport in 1976. Its main approach is an analysis of the roles of the Permanent Secretary and the Secretary of State in the development of the organization. The strong organizational relationship between these senior members of the department is an important factor in structural change both at the time of the initial reforms and throughout this period.
The influence of different personalities and their approaches to policy and management is considered as a determining factor in the evolution of the department. Additionally, the attempts at reorganization and reform are to be seen as largely developing within a traditional Whitehall framework, based on this relationship, which restricted its effectiveness.     

CHARACTERIZING NEW LABOUR: THE CASE OF THE CHILD TRUST FUND

The UK Child Trust Fund (CTF), which came into effect in January 2005, appears to be an exemplary instance of ‘asset‐based welfare’, of the redistribution of wealth rather than simply income. However, this article shows that over the course of its development, and in its final implementation, CTF policy became ever more focused on generating a ‘savings culture’ and enhancing financial literacy. In explaining this outcome, it is argued that it may be characteristic of New Labour for which, it is further argued, welfare policy should seek to push individual aspirations and outlooks in certain directions. The article takes an interpretive approach to the study of policy and politics, arguing that we should look carefully at the processes of argument and selection by which ‘objects’ of policy are specified. This can help us characterize the approach of varying administrations, their ‘governmentality’.     

ADMINISTRATIVE PROFESSIONALS AND THE DIFFUSION OF INNOVATIONS: THE CASE OF CITIZEN SERVICE CENTRES

This article examines how administrative professionals affect the diffusion of one‐stop shops in the form of integrated citizen service centres (CSC) in a Danish local government setting. CSCs are an example of a new organizational form: functionally integrated small units (FISUs). The diffusion of the CSCs among municipalities is used to analyse how administrative professionals act as drivers in the process of organizational level innovation. Furthermore, it is examined how institutional, political and economic characteristics of municipalities influence the likelihood of adoption. The findings highlight that a high concentration of administrative professionals indeed make the adoption of CSCs more likely. Additionally, the findings confirm three commonly stated hypotheses from the diffusion of innovations literature, namely that need based demands, wealth and the regional supply of CSC increase the likelihood of its adoption.     

THE ROLE OF EXTERNAL INSPECTION IN THE PUBLIC SERVICES: THE CASE OF THE UK TRAINING MARKET

We consider two interpretations of the role of external inspection in the public services in the UK in the context of publicly funded, work‐based training programmes for young people. The first is that inspection provides substantive information to buyers concerning training quality, thereby improving efficiency in the ‘training market'. The second is that it provides procedurally oriented reassurance concerning service quality to government and the public, irrespective of substantive quality. Evidence is drawn from the inspection procedures and reports of the Adult Learning Inspectorate between 2001 and 2005. The inspectors rated training providers on various attributes, some clearly procedural, others potentially substantive. We find that while inspectors took both procedural and substantive dimensions of training into account in judging the quality of a provider's services, they attached considerably more weight to procedural than to substantive attributes. In particular, they undervalued the trainee completion rate, despite its potential association with the substantive quality of training and the priority the government attaches to raising it. These results are interpreted as evidence of limited validity in inspection findings, which do little to resolve information asymmetries in the UK training market.     

CONTROLLING LOCAL GOVERNMENT EXPENDITURE: THE CASE OF NORTHERN IRELAND

The purposes of this paper are twofold, namely to outline the basic features of local government finance in Northern Ireland and to discuss how this financial system has been affected by the concerns of central government to control public expenditure. It will be argued that there has been no radical revision of the local government financial system but that central government used traditional methods of moral suasion and capital controls to induce councils to restrict their spending. The reasons for this include the small size of local expenditure and the political risks involved in further curbing local government in Northern Ireland.     

POLICY TERMINATION: THE CASE OF TERM LIMITS IN MICHIGAN

This article tests a theoretical framework by examining a case study of term limits in the Michigan legislature. The Michigan case tests the “fit” of Daniels's seven generalizations about policy and organizational termination. The goal of this paper is to extend the discussion of termination policy to the issue of term limits and formulate an agenda for future research that can develop a better understanding of term limits based on the concept of termination.     

NEW MODES OF GOVERNANCE IN ITALY AND THE NETHERLANDS: THE CASE OF ACTIVATION POLICIES

This article discusses the growing importance of operational reforms in the context of welfare state transformation processes, and the role that principles of new governance play in shaping these reforms. It focuses specifically on one social policy area considered crucial in reforming welfare states: the provision of activation services that aim at increasing the employability and labour‐market participation of people dependent on benefits or social assistance. The article argues that besides the reforms of the programmatic aspects of social policies and social services (formal policy reforms), reforms of the way in which policies and services are organized, administered and delivered (operational policy reforms) have received increasing attention as a ’second strand’ of welfare state reforms. It illustrates this by analysing and comparing reforms of the provision of activation services in two European countries: Italy and The Netherlands. The article not only reveals the growing emphasis in both countries on operational policy reforms which are to an important degree inspired by principles of new governance, but also shows significant similarities and differences in their concrete manifestations, which could be interpreted as pointing out processes of ‘path‐dependent convergence’.     

TOWARDS STANDARDS FOR THE PUBLICATION OF PERFORMANCE INDICATORS IN THE PUBLIC SECTOR: THE CASE OF SCHOOLS

Since the 1990s, the media and public authorities in many developed countries have published data on the quality of public services such as schools, hospitals and police. In the education sector the publication of performance indicators and league tables generated considerable debate. In this article, the policy context of this development in the education sector is analysed in conjunction with the problems associated with the public reporting of school performance indicators. This is followed by a discussion of the need for an accepted set of publication standards. The aim of this article is to initiate a debate about whether international consensus can be reached on the content of such a set of standards, and whether a particular set of standards, developed in the Dutch context, is applicable in and relevant to other countries. These Dutch standards have been applied to a variety of English, American and Dutch publications. The results of the analysis suggest that if the Dutch standards were applied, school performance publications could be significantly improved.     

COMPETING TRADITIONS OF GOVERNANCE AND DILEMMAS OF ADMINISTRATIVE ACCOUNTABILITY: THE CASE OF DENMARK

This article offers a study of the changing role of the state in Denmark under the condition of the overall transformation from government to governance with particular emphasis on the corresponding transition from process accountability to performance accountability. It is argued that although new modes of governance have been introduced, and new interpretations of accountability have been proliferated, neither conventional modes of governance nor older interpretations of accountability disappear. Thus, what we see is a co-existence of competing traditions of governance and different and sometimes contradictory interpretations of administrative accountability, which create potential dilemmas and contradictions for the individual civil servant. Employing an interpretative approach to governance and public administration, the article analyses the constitution of competing traditions of governance and interpretations of accountability, and the way in which these competing traditions and interpretations lead to accountability dilemmas for the individual civil servant.