Analysis of Factors of Overpricing in Public Procurement: A Study for Low-performing EU Countries

ABSTRACT

The paper deals with the issue of overpricing of public procurement in low-performing EU countries. It examines a uniquely large sample of public procurement in 11 Central and Eastern European countries. Hierarchical regression is used to analyze the factors that influence public contract. Our results indicate that institutional factors have a greater impact on overpricing than individual decisions by the contracting authority. Our analysis for low-performing EU countries provides interesting results and also draws attention to behavior that is not typical of the better established and more advanced EU countries. Our results are particularly important for public policy in each country, as they show the direction of regulatory action in the field of public procurement. The results introduce a debate on the appropriateness of “one size fits all” regulations within the EU.     

Ausbruch aus dem Gehäuse der Economic Governance. Überlegungen zu einer Soziologie der Wirtschaftsdemokratie in transformativer Absicht

The New Economic Governance (NEG) in the European Union is a core element of a neoliberal crisis constitutionalism that has to be seen as blatantly deficient when measured with democratic yardsticks. Strongly normative criticism generates important findings, but ignores the economic dimension of damage to democracy. From the perspective of capitalism theory, the NEG can be recognised as a product of a capitalistic land grab (“Landnahme”) of the political field and as a system of institutions whose functional logic corresponds to the imperative of a crisis-ridden economy characterised by the financial markets. In this context, viewpoints are confirmed that regard the integration of the economic causes of blatant deficits of democracy as an essential element of a new type of inclusive democracy project. The work on a new economic democracy as a core element of such a democracy project thus also becomes a desideratum for a public sociology that wishes to contribute evidence-based knowledge to social disputes.     

Agilität als Chance für einen neuen Anlauf zum demokratischen Unternehmen?

There has been a long-standing discussion since the 1980s about the question whether new production models harbor a potential for extended employee participation and involvement, in most cases with disillusioning results. This paper is concerned with so called “agile methods”, which play an important part in the area of knowledge work in the course of the digital transformation. On the basis of two case studies from software development and industrial R&D, the paper examines the concrete implementation of these methods and the employees’ perspective upon them and their consequences. The result is that agile methods present a potential for extended employee participation and involvement; however, the realization of this potential depends on the concrete way how the agile concept of “empowerment” is implemented.     

Nicht-Nachhaltigkeit auf der Suche nach einer politischen Form. Konturen der demokratischen Postwachstumsgesellschaft

The article examines the triangular relation between ecological sustainability, economic growth and liberal democracy and asserts that this relation is dramatically altered in the face of the increasingly imminent manifestation of the “limits to growth.” In the course of this process, the contours of a “democratic post-growth regime” are beginning to show – though in a very different way than was hoped for by the majority of transformation researchers. Intent on making a contribution to re-relating those normative factions of sustainability research which share a transformative self-understanding to the scientific analysis of modern societies, the paper shows how central eco-political and democracy-related narratives that have dominated the debate for decades have lost credibility, thus opening up the space for a readjustment of the named triangular relation. Applying a social theory perspective, it is subsequently shown how, in the face of modern conceptions of subjectivity and, at best, moderate growth rates, democracy is increasingly turning into an instrument for the unflinching sustainment of unsustainable lifestyles. As it turns out, modern consumer societies persist in their “politics of non-sustainability” more uncompromisingly than ever before.     

Obama’s Pivot to Asia and Its Failed Japan-South Korea Historical Reconciliation

Since the 1980s, Japan’s war memory has strained its relations with South Korea and China, to a less degree, the USA. Two of the thorniest issues are the comfort women and the US atomic bombing of Japan. Before the Obama administration announced its policy pivot to Asia in 2011, both Japanese and American leaders were reluctant to make amends for the past acts of their countries. However, in 2015, the Japanese conservative Prime Minister Abe reached an agreement with South Korea that “finally and irreversibly” resolved the comfort women issue, thus achieving a historic reconciliation between the two countries. In 2016, then President Obama visited Hiroshima to commemorate the atomic bomb victims. Then, in December 2016, the comfort women issue resurfaced in Japan and South Korea relations, indicating a failure of the reconciliation. Why did the USA change its policy on historical issues involving Japan? Why did Abe and the South Korean President Park Geun-hye settle the comfort women issue? Why did Obama visit Hiroshima? Why did the reconciliation fail? In this article, I propose a rational choice theory to answer these questions. Applying the proposed theory and relying on available evidence, I argue that the settlement of the comfort women issue and Obama’s visit to Hiroshima are important components of Obama’s pivot to Asia to balance China’s rise. The reconciliation failed mainly because it did not resolve the historical justice issue promoted by the human rights norms. I discuss some implications for reconciliation in Northeast Asia.     

Pitfalls in diagnosis of occupational lung disease for purposes of compensation--one physician's perspective

Occupational caused lung disease (OLD) is almost always compensable, either by application to workers' compensation agencies or by a civil lawsuit. For this reason the diagnosis usually comes under close scrutiny. Several pitfalls can occur when a physician diagnoses a patient as having lung disease of occupational origin, especially when compensation is at issue. These pitfalls can trap both the attorney advocate and his client, and lead to a result opposite of that intended (e.g., the claim one supports can be denied). For purposes of discussion I have categorized the pitfalls as follows: A. Making an unsupported medical diagnosis (looking for a "quick fix"). B. Echoing an unsupported diagnosis made by someone else. C. Inadequate clarification of 'impairment' and 'disability.' D. Ignoring or minimizing relevant medical history. E. Arguing against yourself. F. Ignoring the possibility of a rare or unusual diagnosis. G. Not obtaining or reviewing independent chest x-rays and reports. H. Attributing causation with certainty when it is unwarranted by the facts. I. Relying on a claimant's own smoking history. J. Misinterpreting pulmonary function and arterial blood gas tests. K. Missing the real cause of a patient's complaint. L. Diagnosing occupational lung disease without attempting to remove the patient from the cause. M. Confusion over basic terminology and pathophysiology in OLD. N. Using sloppy or incorrect language, including misspelling. O. Not saying "I don't know," when you don't know. Pitfalls in diagnosis generally arise from either physician bias or inadequate evaluation. Although most pitfalls seem to be made by physicians on the plaintiff's side, they are also made by physicians on the defendant's side, as when bias interferes with recognizing a condition that is occupational in origin. Ideally, the fact that diagnosis of OLD involves the legal profession should not affect a physician's objectivity or clinical approach. Physicians have an obligation to help assure that deserving patients receive compensation, and that claimants without a compensable occupational illness are not unjustly rewarded. However, the attorney's need to prove a diagnosis "with medical certainty," and the defendant's need to refute that diagnosis with equal certainty, often skew what would otherwise be a straightforward diagnostic process. Resulting pitfalls in diagnosis can, in the end, trap the physician advocate and the side he is trying to help.     

Dental hygiene students' matching accuracy when comparing antemortem dental radiographs and oral photographs to simulated postmortem WinID3® odontograms

Matching dental antemortem (AM) and postmortem (PM) data for human identification is especially challenging when the workforce is limited. Dental hygienists have served mass fatality incidents (MFIs) due to dental-related expertise. However, forensics within dental hygiene education and research on transferable skills is limited. This qualitative balance design study assessed senior dental hygiene students' match accuracy of simulated cases varying in dental identifiers based on AM full mouth series (FMS) radiographs and oral photographs to PM WinID3^® odontograms to demonstrate possible disaster victim identification (DVI) transferable skills gained during formal education. A convenience sample of senior dental hygiene students (n = 31) was presented information on WinID3^® interpretation, then presented with 5 mismatched cases and asked to visually interpret each to make 10 total matches; five based on AM FMS with simulated PM WinID3^® odontograms and five based on AM photographs with PM WinID3^® odontograms. Match accuracy scores ranged from 41.9% to 58.1% for cases with 1–10 identifiers, and 77.4% to 93.5% for cases with 11–40 identifiers. Accuracy when matching AM radiographs to PM odontograms versus AM photographs to PM odontograms was compared and revealed no statistical differences in match accuracy depending on image type (p = 0.388 to 1.000). Results of this pilot study suggests transferable match accuracy skills resulted from the participants' dental hygiene formal education. These baseline skills with additional specialized training support the rationale for dental hygienists serving on DVI teams. More research is needed in education and practice when preparing dental hygienists for forensic-based service.     

Medical examiner response to the drug overdose epidemic in King County Washington: “Real-time” surveillance,data science,and applied forensic epidemiology

As the overdose epidemic overwhelmed medicolegal death investigation offices and toxicology laboratories, the King County Medical Examiner's Office responded with “real-time” fatal overdose surveillance to expedite death certification and information dissemination through assembling a team including a dedicated medicolegal death investigator, an information coordinator, and student interns. In-house testing of blood, urine, and drug evidence from scenes was performed using equipment and supplies purchased for surveillance. Collaboration with state laboratories allowed validation. Applied forensic epidemiology accelerated data dissemination. From 2010 to 2022, the epidemic claimed 5815 lives in King County; the last 4 years accounted for 47% of those deaths. After initiating the surveillance project, in-house testing was performed on blood from 2836 decedents, urine from 2807, and 4238 drug evidence items from 1775 death scenes. Time to complete death certificates decreased from weeks to months to hours to days. Overdose-specific information was distributed weekly to a network of law enforcement and public health agencies. As the surveillance project tracked the epidemic, fentanyl and methamphetamine became dominant and were associated with other indicators of social deterioration. In 2022, fentanyl was involved in 68% of 1021 overdose deaths. Homeless deaths increased sixfold; in 2022, 67% of 311 homeless deaths were due to overdose; fentanyl was involved in 49% and methamphetamine in 44%. Homicides increased 250%; in 2021, methamphetamine was positive in 35% of 149 homicides. The results are relevant to the value of rapid surveillance, its impact on standard operations, selection of cases requiring autopsy, and collaboration with other agencies in overdose prevention.     

Managing for Legitimacy: Agency Governance in Its “Deep” Constitutional Context

Recent literature on bureaucratic structure has gone further than studying discretions given to bureaucrats in policy making, and much attention is now paid to understanding how bureaucratic agencies are managed. This article proposes that the way in which executive governments manage their agencies varies according to their constitutional setting and that this relationship is driven by considerations of the executive's governing legitimacy. Inspired by Charles Tilly (1984), the authors compare patterns of agency governance in Hong Kong and Ireland, in particular, configurations of assigned decision‐making autonomies and control mechanisms. This comparison shows that in governing their agencies, the elected government of Ireland's parliamentary democracy pays more attention to input (i.e., democratic) legitimacy, while the executive government of Hong Kong's administrative state favors output (i.e., performance) legitimacy. These different forms of autonomy and control mechanism reflect different constitutional models of how political executives acquire and sustain their governing legitimacy.