New Public Management in Austria: Local Variation on a Global Theme?

This article tracks public sector reform in Austria with a focus on the influence of New Public Management (NPM) both as label and as specific set of reform ideas. We analyse to what degree current reforms have been influenced and shaped by this widely acclaimed international trend. In this empirical study we combine the different data sources of media coverage, reform documents and public sector executive survey to cover different levels of analysis. Although the reforms include NPM-features, we see no evidence so far for an archetype change in the Austrian public sector.     

Attracting private investment to contaminated properties: The value of public interventions

We employ a mail survey of private developers that uses conjoint choice experiments and Likert‐scaled attitudinal questions to examine preferences for policy instruments and incentives intended to encourage brownfield cleanup and redevelopment. Our analysis suggests that developers judge public hearing requirements at brownfield redevelopments unattractive, but that they place a relatively high value on liability relief—from both cleanup costs and claims by third parties. Reimbursement of environmental assessment costs is not particularly attractive. We also find considerable heterogeneity among developers in the value they place on these incentives, depending on their experience with contaminated sites. © 2006 by the Association for Public Policy Analysis and Management     

Of Values and Legitimacy – Discourse Analytical Insights on the Copyright Case Law of the Court of Justice of the European Union

The Court of Justice of the European Union (CJEU) increasingly faces societal value‐conflicts in EU law disputes. For example, in EU copyright law, in the digital age, diverse fundamental values, as well as cultural and societal developments, are at stake. This article discusses the role of the CJEU in the European value discourse, using copyright law as a case study. The methodological approach used, critical discourse analysis, is seldom applied in jurisprudential studies, but is well suited for teasing out value‐related aspects of case law. Exploratory research of seminal copyright cases suggests that the CJEU's discourse of the various values seems unnecessarily one‐sided and shallow. A lack of discursiveness in the jurisprudence would diminish the legitimacy of the Court's decisions, and would not offer adequate guidance to national courts or private decision‐makers, to whom the Court at the same time may be leaving more of the task of value reconciliation.