THE EU AS LAWMAKER: THE IMPACT OF EU DIRECTIVES ON NATIONAL REGULATION IN THE NETHERLANDS

The impact of European directives on Dutch regulation is fairly limited when compared to the claims that are made by academics and politicians. We found that 12.6 per cent of all parliamentary acts, 19.7 per cent of all orders in council, and 10.1 per cent of all valid ministerial decisions were actually rules transposing EU directives. The total overall impact for all three types of legislation was 12.6 per cent. Departments generally employ the same type of rules in similar proportions both when transposing EC directives and when producing national rules. Departmental autonomy is a defining feature of Dutch central government in general, and this pattern persists in the coordination and implementation of EU directives. Nearly 90 per cent of the European directives in The Netherlands are transposed through delegated legislation in which no involvement of parliament is required. If we take into account the fact that the majority of formal laws are actually drafted by the executive and submitted to parliament, we could easily state that virtually all national rules that transpose European directives into the Dutch legal system are drafted by the executive.     

TAKING STOCK OF THE LOCAL AUTHORITY ASSOCIATIONS

This article examines the achievements of the local authority associations in the period from 1974 to the present. In particular, it considers whether the associations have met the major objectives set by their predecessors. The conclusion indicates that there are a number of factors which have inhibited the achievement of these objectives.
Two of the main inhibiting factors are the close connection between the associations and central government, and their readiness to respond to every move the centre makes. The associations might now consider adopting a weaker connection and a more discriminating response in relation to central government.     

PERFORMING AUTHORITY: DISCURSIVE POLITICS AFTER THE ASSASSINATION OF THEO VAN GOGH

In November 2004, the assassination of the filmmaker Theo van Gogh in Amsterdam by an Islamic extremist shocked The Netherlands. Critics of multiculturalism quickly linked the murder to the perceived failure of ‘soft’ integration policies and questioned the authority and legitimacy of Amsterdam’s political leadership. This article studies the response of political leaders to those challenges from a performative perspective. Analysing governance as performance illuminates the importance of actively enacting political leadership in non‐parliamentary settings such as talk shows, mosques and other religious meeting places, and improvised mass meetings in times of crisis. The authors distinguish different discursive means of performing authority, make suggestions for dealing with crisis events in ethnically and culturally diverse cities and draw some lessons from this approach as well as for methods of studying public administration.     

THE POLITICAL ECONOMY OF REGULATION: INTERESTS, IDEOLOGY, VOTERS, AND THE UK REGULATION OF RAILWAYS ACT 1844

Government regulation of the railways in the United Kingdom dates back to the 1840s. Between 1840 and 1844 three regulatory Acts were passed, and a system of government inspection set up which has remained substantially unaltered to the present day. The principal Act, that of 1844, contained controversial powers of rate-capping, state purchase of railways, and detailed price and quantity regulation. It is still frequently held that the Victorian era marked the triumph of laissez-faire and that W. E. Gladstone, the promoter of the 1844 Act, was one of its leading spokesmen. The article therefore explores why regulation occurred at all and why it took the forms it did. Gladstone's actions are evaluated in relation to the standard hypotheses about the origins of regulation. Hypotheses on the motives of MPS voting for and against regulation are tested using the Aydelotte dataset which contains very full personal and ideological data on the Mps of the Parliament of 1841–7.     

THE ENABLING STATE: THE ROLE OF MARKETS AND CONTRACTS

Contracts have been a key element in the recent reform of British public services. Their introduction has formed part of a broader process of change in which the market structures and values have featured prominently. In practice, contracts have both brought benefits and presented problems. More particularly, greater organizational formality has raised some important issues – the role of trust and the form and practice of accountability prominent among them. Evidence from a recent esrc -supported study shows that some services (the simpler ones) have generally gained from the reforms; but the evidence for more complex ones is equivocal at best.     

THE CHANGING ROLES AND RESPONSIBILITIES OF LOCAL AUTHORITY CHIEF OFFICERS

This article argues that recent political change in Britain has brought about a crisis of adjustment for local government chief officers in their relationship with the elected members. Key aspects of this political change are the break-up of the post-war political consensus and the passing of the earlier period of growth. As the ideological distance between the two main parties has widened and the end of growth has intensified conflicts, the professional stance of neutrality towards partisan politics has become more difficult to sustain. So for chief officers the crisis of adjustment has taken the form of a search for new ways of work with the politicians as the earlier, relatively harmonious relationship has passed into history.
Against this background of increased politicization, the impact of current changes on the three aspects of the chief officer role is examined: as professional adviser, as departmental manager and as a 'bureaucratic politician'. Finally, some of the changes that have been proposed to ease this crisis for chief officers are discussed.     

IMPROVING UK PUBLIC SERVICES: A REVIEW OF THE EVIDENCE

Over a number of years in the UK, public service improvement has been at the centre of both Conservative and Labour policy. Keen to make improvements in public services, the current Labour government is pursuing this issue more strongly than any other. This paper examines the concept of improvement and reviews the academic literature which has empirically assessed improvements in a range of public services. Drawn from over 50 studies of improvement, the evidence highlights seven determinants or improvement ‘triggers’ which have been put in place and which have had a positive effect on a public service. These include quality frameworks and public participation forums. The paper reviews the evidence and evaluates the strengths and weaknesses of the studies themselves. The findings of the paper indicate that, despite a political drive to improve public services, there is insufficient evidence available on ‘what works’ in bringing about improvement. The need for sustained research in this area is emphasized and conclusions are drawn on a way forward.     

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.     

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.     

THE ROLE OF THE PRIME MINISTER'S POLICY UNIT

The Prime Minister's Policy Unit, also known as the Number 10 Policy Unit, comprises a team of about eight advisers each responsible for briefing her in a major area of policy (ecluding such issues as foreign policy and security). Together with three secretaries they occupy a set of rooms straddling 10 and 11 Downing Street (a modest encroachment on the Chancellor's residence of such long standing that it appears not to be resented).     

TOWARDS A EUROPEAN NERVOUS SYSTEM: THE ROLE OF THE ECONOMIC UNION

This article introduces the European Nervous System, a system of interoperable, networked, trans-European telematics applications linking public administrations in the Community member states. The reasons for its development are described, and progress to date outlined. The article also touches on its funding and management structures, and seeks to draw out some of the issues involved in the development of the ENS and the lessons to be learnt.     

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.     

EU LEGISLATION AND NATIONAL REGULATION: UNCERTAIN STEPS TOWARDS A EUROPEAN PUBLIC POLICY

The EU with its supranational powers is a unique institution. Contrary to other international organizations, it can make laws that are binding to its member governments as well as to their citizens and enterprises. However, reviewing the literature, we find little consensus as to its true role as a lawmaker. This article and the articles that follow in this symposium remedy this empirical deficiency. The present article presents a comprehensive analysis of the scope of binding EU regulation. The EU is presented as an important lawmaker. It has, with considerable effectiveness, been able to overcome recurrent crises that have often called its very viability into question. But the same analysis also reveals that the EU, in spite of several treaty reforms expanding its responsibilities into new policy areas, remains a predominantly economic regulator. Finally, EU lawmaking is to an increasing extent delegated to the European Commission, dedicated to the de facto task of maintaining the internal market. Although this article and the articles that follow it cover the present, and refer to the European Union (EU), the EU, since its creation in the 1950s, has changed its official name several times.     

CONTINUITY AND CHANGE: THE ROLE OF THE HR FUNCTION IN THE MODERN PUBLIC SECTOR

As the public sector has modernized and sought to become more efficient and cost‐effective, the effective and strategic management of people has received increasing prominence and there have been calls for the Human Resource (HR) function to play a more strategic role. However, not much is known about whether the role of the HR function has changed substantively. In this paper, we present empirical evidence from six matched‐pair public sector organizations in the UK to assess whether HR functional roles have changed, as envisaged, into a model more akin to the private sector. The findings highlight the complex and often contradictory nature of HR functional roles, and suggest that new and more strategic roles have not replaced traditional approaches but, rather, have been grafted on, giving rise to a variety of hybrid HR forms.     

LIBERALIZATION AND THE PUBLIC SECTOR: THE PRE-EMINENT ROLE OF GOVERNMENTS IN THE 'SALE' OF HIGHER EDUCATION ABROAD

Much recent scholarship concerning liberalization has emphasized the role of regulatees, rather than governments, in promoting liberalization. This article examines such scholarship in the light of an important development in the British and French public sectors—the creation of new agencies (the Education Counselling Service and EduFrance) to 'sell' British and French higher education to potential international students. The new agencies attempted to induce two things: competition amongst higher education institutions for the recruitment of international students from developed and emerging economy countries, and the commodification of these students. This article shows that, contrary to existing theories of liberalization, governments were pre-eminent in pushing forward this liberalization, while higher education institutions attempted to hold it back.     

THE ROLE OF PUBLIC CAPITAL IN THE ECONOMIC DEVELOPMENT PROCESS

This paper reviews the evidence of public infrastructure's impact on economic development. The evidence indicates the marginal net social returns is low. The paper also examines the effect of economic, demographic, and political forces on infrastructure investment. Finally, the literature suggests that improving maintenance and reducing congestion can greatly increase the benefits from the existing public capital stock.