应急状态下行政许可的实施

《行政许可法》和《突发事件应对法》未涉及行政许可的效力基于应急状态的变动问题。行政许可的实施在应急状态下面临合法性困境,其纾解应从形式与实质两个层面着手。应急状态下,行政机关原则上具有概括的许可实施职权,在缺乏可预见性的规范时,可在满足基本的形式合法性前提下,通过情事变更原则满足实质合法性。此时,行政许可的条件、审查标准与程序等应与常态有所差异。许可中止制度在应急状态下具有适用空间,其核心在于有效期的中止,适用于被许可人无过错的情况,有必要在《行政许可法》中加以规定。应急状态作为不可抗力,可能但不一定完全导致行政许可废止的结果。此时,行政许可的废止仍需以许可目标完全不可实现或者许可的继续实施极可能导致个人或公共利益的严重损害为前提。现行行政许可有效期延续制度在审查强度和程序等方面规则不明。应急状态下,应当放宽许可延续的申请期,对延续申请可以采用形式和书面审查,并建立依职权延续和临时延续制度。为更好应对应急状态,应当根据应急状态各处置阶段的需要,创设新的许可类型。     

A Comparative Study of Denmark and New Zealand’s National Health Targets

This paper investigates the influence of nationally imposed health targets on current management control practices in New Zealand and Denmark. It reveals how variants of New Public Management (NPM), arising from specific historical socio-political contexts, rise to the challenge of national differences. The study finds that both nations are challenged to ensure data registration procedures produce valid and comparable performance measures. Denmark’s reliance on a single efficiency measure of health sector performance reflects a historic socio-political context that reduces the feasibility of additional measures whereas New Zealand’s context enables the government to impose a more extensive range of health targets.     

Credibility Enacted: Understanding the Meaning of Credible Political Leadership in the Dutch Parliamentary Election Campaign of 2010

In times of perception politics, the credibility of electoral candidates is a crucial asset in political marketing. This raises the question to which political leaders citizens attribute credibility and how political credibility is gained and lost through media performance. We analyze and compare two contrasting cases during the Dutch parliamentary election campaign of 2010. Whereas in this campaign Mark Rutte—leader of the liberal party VVD—gained credibility, the credibility of Job Cohen—at the time, leader of the social-democratic PvdA—waned substantially. To understand this we extend the source credibility approach with a dramaturgical approach, and as such we shed light on what happens in the dynamic, interactive process between leaders and audiences in which credibility is constructed.     

Managing governance complexity and knowledge networks in transparency initiatives: the case of police open data

Public organisations are often described as being subject to types of complexity that result from the interorganisational structure of governance networks. Transparency programmes add another level of complexity due to increased information openness. However, neither the nature of this complexity nor the network management approaches needed for transparency programmes has been conceptually developed. To address this gap, this article brings together governance complexity theory and knowledge management theory. An empirical model is tested using the case of police open data with regression analysis and 22 expert interviews. The results show that institutional and environmental complexity such as budget pressures, legal-normative constraints, and task complexity exert a negative influence on police information openness. However, network knowledge management practices including developing mission focus on people and communication and overcoming organisational boundaries through interorganisational collaboration can counteract these problems of complexity.     

The Design and Execution of Performance Management Systems at State Level: A Comparative Analysis of Italy and Malaysia

This comparative study analyses the experience of Italy and Malaysia in the design and execution of performance management systems at the state level. The article investigates how performance management systems have changed over the past decades, the motivations behind their metamorphoses, their common elements across the two countries, and what accounts for the respective progress. It also investigates the role that the institutional framework plays in making performance management systems robust. The study presents policy recommendations on how governments can create more robust performance management systems for enhanced accountability and transparency in an age of resource constraint.     

Assessing Local Government Capacity for Implementing Sustainable Transportation: The Role of Political Culture

Transportation development increasingly relies on local governments to implement sustainable strategies, yet implementation success varies widely. This begs an important question, why are some cities successful and others not? In response, this study focuses on the political culture characteristics of city leadership and staff pertaining to sustainable transportation. Employing semi-structured interviews with officials in two case study cities—Pomona and Pasadena, California—the study identifies and traces the impact of cultural characteristics on network interactions and the resulting transportation innovation. Finally, this research suggests key political and department characteristics that contribute to political cultures that facilitate sustainable transportation development.     

Forget “Blind Leading the Seeing” – Improving Public Service Management

The aim of this research is to identify the most effective public service management approaches for outsourced services. Our focus is on the phases of transition and service management post provider selection. To reach this aim, comparative case studies across sectors were conducted. The studied cases indicate that managing an outsourced service should not be a separate area of public management research nor practice, but rather a part of service management. Best practices in (outsourced) public service management are provided. Management focus on transition phase after provider selection, performance measurement, and evaluation will bring efficiency to public sector service production.     

Applying a Dynamic Performance Management Framework to Wicked Issues: How Coproduction Helps to Transform Young People’s Services in Surrey County Council,UK

ABSTRACT

This article explores how a dynamic performance management (DPM) approach can give policy makers a more integrated, time-related understanding of how to address wicked problems successfully. The article highlights how an outcome-based approach to solving wicked policy problems has to balance three very contrasting objectives of stakeholders in the policy making process – improving service quality, improving quality of life outcomes and improving conformity to the principles of public governance. Simultaneous achievement of these three objectives may not be feasible, as they may form an interactive dynamic system. However the balancing act between them may be achieved by the use of DPM. Policy insights from this novel approach are illustrated through a case study of a highly successful co-production intervention to help young people with multiple disadvantages in Surrey, UK. The implications of DPM are that policy development needs to accept the important roles of emergent strategy and learning mechanisms, rather than attempting ‘blueprint’ strategic planning and control mechanisms. Some expectations about the results may indeed be justifiable in particular policy systems, as clustering of quality of life outcomes and outcomes in the achievement of governance principles is likely, because behaviours are strongly inter-related. However, this clustering can never be taken for granted but must be tested in each specific policy context. Undertaking simulations with the model and recalibrating it through time, as experience builds up, may allow learning in relation to overcoming barriers to achieving outcomes in the system.     

Performance Implications of Public Managers’ Goal Prioritization: An Empirical Test of the Link between Internal Management and Organizational Performance

Most studies on the goals-performance nexus focus on the implications of goal design. In public organizations with multiple goals, managerial goal prioritization can, however, in itself play a decisive role for performance. This study examines the effects of managerial goal prioritization and employee commitment on organizational performance. Analyses of parallel surveys of principals and teachers in higher secondary education and archival data on school performance show that principals’ goal prioritization is positively related to high school performance. The findings thus indicate that public managers should concentrate not only on how they design goals, but also on how they prioritize them.     

Fostering Constructive Action by Peers and Bystanders in Organizations and Communities

Peers and bystanders play important roles in organizational and community conflict management. Bystanders often learn relevant information and have opportunities to act in ways that can affect three of the basic functions of a conflict management system (CMS.) They can help (or not help) to identify, assess, and manage behaviors that the organization or community deems to be “unacceptable.” Examples in which bystanders play important roles include sexual and racial harassment, safety violations, unethical research, national security violations and insider threats, cyber‐bullying and cyber‐sabotage, violence, fraud, theft, intimidation and retaliation, and gross negligence. Bystanders often are a missing link in conflict systems. For the purposes of this article, I define peers and bystanders as people who observe or learn about unacceptable behavior by others, but who are not the relevant supervisors, or who knowingly engage in planning or executing that behavior. I define CMS managers as all those people, including line managers, who have responsibility for managing conflicts. Conflict managers face many challenges in fostering constructive behavior from bystanders. The interests of bystanders may or may not coincide with the interests of conflict systems managers in an organization or community. Bystanders often have multiple, idiosyncratic, and conflicting interests, and experience painful dilemmas. In addition, peers and bystanders, and their contexts – often differ greatly from each other. Blanket rules about how all bystanders should behave, such as requirements for mandatory reporting, are often ineffective or lead to perverse results. Bystanders are regularly equated with “do‐nothings,” in the popular press. In real life, however, helpful bystander actions are common. Many bystanders report a wide variety of constructive initiatives, including private, informal interventions. In this article, I report on forty‐five years of observations on bystanders in many milieus. I present what bystanders have said are the reasons that they did not – or did – take action, and what can be learned to help organizations and communities to support bystanders to be more effective when faced with unacceptable behavior.