Public Administration in Germany.
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Superior document: | Governance and Public Management Series |
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Place / Publishing House: | Cham : : Springer International Publishing AG,, 2021. ©2021. |
Year of Publication: | 2021 |
Edition: | 1st ed. |
Language: | English |
Series: | Governance and Public Management Series
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Online Access: | |
Physical Description: | 1 online resource (415 pages) |
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Table of Contents:
- Public Administration in Germany
- Foreword
- Acknowledgements
- Praise for Public Administration in Germany
- Contents
- List of Figures
- List of Tables
- Notes on Contributors
- Untitled
- Chapter 1: German Public Administration: Background and Key Issues
- 1 Introduction: Background and Approach of the Publication
- 2 Part I: German Public Administration in the Multilevel System
- 3 Part II: Politics, Procedures and Resources
- 4 Part III: Redrawing Structures, Boundaries and Service Delivery
- 5 Part IV: Modernising Processes and Enhancing Management Capacities
- 6 International Context and Lessons to Learn
- References
- Part I: German Public Administration in the Multilevel System
- Chapter 2: Constitutional State and Public Administration
- 1 Introduction
- 2 Key Concepts of Public Law and Public Administration
- 2.1 The Principle of the Law-Governed State (Rechtsstaat)
- 2.2 The Constitutional State (Verfassungsstaat)
- 2.3 The Integration of the Rechtsstaat and the Verfassungsstaat in the European Union
- 2.4 Lessons Learned
- 3 The Constitutional Frame of Public Administration
- 3.1 Constitutional Principles
- 3.2 The Multilevel Administration of German Federalism
- 3.3 The Impact of Fundamental Rights on Public Administration
- 3.4 Lessons Learned
- 4 The Role of Judicial Review
- 4.1 The Right to an Effective Judicial Remedy
- 4.2 The Powers of the Constitutional Jurisdiction
- 4.3 The Jurisdictionalisation of Administrative and Constitutional Law
- 4.4 Lessons Learned
- 5 Constitutional Reform and Constitutional Change
- 6 Conclusion
- References
- Chapter 3: Administrative Federalism
- 1 Introduction
- 2 Historical Roots of German Administrative Federalism
- 3 Distribution of Responsibilities
- 4 Coordination and Cooperation: Making Administrative Federalism Work
- 5 Trends and Challenges.
- 6 Conclusion and Lessons Learned
- References
- Chapter 4: Europeanisation and German Public Administration
- 1 Introduction
- 2 The EU's Striving to Extend Its Jurisdiction
- 3 The Principle of Member State Responsibility for Administering and Enforcing EU Law
- 4 To Avoid Discrepancies, Member States Implement EU Law to a Greater Degree than Is Actually Required
- 5 EU Court Rulings
- 6 Legal Remedy Provided by the National Administrative Courts
- 7 Lessons Learned
- References
- Chapter 5: Federal Administration
- 1 Introduction
- 2 The Formal Framework for the Federal Administration
- 3 Organisation of the Federal Administration: Ministries and Agencies
- 4 Practices of Coordination and Utilisation of Expertise
- 4.1 Levels and Patterns of Inter-ministerial Coordination
- 4.2 External Expertise in Inter-ministerial Coordination
- 5 The German Federal Administration as a Reluctant Yet Mostly Unconcerned Reformer
- 6 Lessons Learned
- References
- Chapter 6: The Federal Administration of Interior Affairs
- 1 Introduction: Federal Administration/State Administration
- 2 Exception: Federal Administration
- 3 Structure of the Federal Administration
- 4 The BMI and Its Executive Agencies
- 5 Supervision
- 6 Excursus: 'Minister-Free Zones'
- 7 Central Service Provider: Federal Office of Administration
- 8 From Superior Federal Authority to Supreme Federal Authority: Federal Commissioner for Data Protection and Freedom of Information
- 9 Lessons Learned
- References
- Chapter 7: The Peculiarities of the Social Security Systems (Indirect State Administration)
- 1 The Welfare State, Its Programmes (Laws) and Entrenchment in Administrative Federalism
- 2 Areas of Social Benefits and Their Allocation Within the Administrative System of Germany.
- 3 The Special Status of the Social Security Systems and Their Relationship to the General Administrative System
- 3.1 The Legal Bases of the Public Institutions in the Social Security Systems
- 3.2 Oversight of the Social Security Systems
- 4 Lessons Learned
- References
- Chapter 8: The Administration of the Länder
- 1 Administrations of the Länder (Federal States) in the System of German Federalism
- 2 Basic Conditions for the Administrative Organisation
- 3 Basic Structures of the Administrations of the Länder
- 3.1 Direct Land Administration
- 3.1.1 Upper Administrative Level
- 3.1.2 Regional Meso Level
- 3.1.3 Lower State Authorities
- 3.2 Indirect Land Government
- 4 Personnel Structure and Administrative Culture
- 5 Lessons Learned
- 5.1 Structural Reforms: More than a Political Playground?
- 5.2 Prepared for the Future? Digitalisation as a Major Challenge
- References
- Chapter 9: Local Self-Government and Administration
- 1 Introduction
- 2 Cities, Counties and Municipalities
- 2.1 The Various Bodies of Local Self-Government
- 2.2 Population and Size of County-Free Cities, Counties and Municipalities Belonging to a County
- 2.3 Common Tasks of County-Free Cities, Counties and Municipalities Belonging to a County
- 2.3.1 The Common Tasks at the County Level Are Primarily
- 2.3.2 The Municipalities Belonging to a County Are Responsible for the Following
- 2.4 State Authority and Local Supervision
- 3 Local Self-Government and Its Constitutional Foundations
- 3.1 The Constitutional Guarantee of Local Self-Government Right
- 3.1.1 Article 28 (2) of the Basic Law as Institutional Guarantee of the Local Self-Government of the Municipalities and Associations of Municipalities (Counties)4
- 3.1.2 Principles of Financial Autonomy (Article 28 (2), Third Sentence of the Basic Law).
- 4 Fundamentals of Local Constitutional Law
- 4.1 Introduction
- 4.1.1 Elections and Forms of Direct Democracy at the Local Level
- 4.2 The Local Bodies
- 4.2.1 The Local Representative Bodies
- 4.2.2 The Chief Administrative Officer
- 5 The Local Government Associations
- 6 Lessons Learned
- References
- Part II: Politics, Procedures and Resources
- Chapter 10: Politics and Administration in Germany
- 1 Introduction
- 2 Politics and Administration in Federal Ministries
- 3 Politics and Administration in Länder Ministries
- 4 Politics and Administration at the Local Level
- 5 Lessons Learned
- References
- Chapter 11: Administrative Procedures and Processes
- 1 Introduction
- 2 Classification of Processes
- 3 Extra-Organisational Procedures
- 3.1 Service Delivery Processes
- 3.2 Communication
- 3.3 Transparency and Information
- 3.4 Law
- 3.4.1 Functions of Administrative Procedure Law
- 3.4.2 Structures and Principles of Administrative Procedure Law
- 3.4.3 Reform Discussions and Recent Developments
- 4 Intra-Organisational Processes
- 4.1 Management and Support Processes
- 4.2 Knowledge Management
- 4.3 Law
- 5 Inter-Organisational Processes
- 5.1 Inter-Organisational Communication and Cooperation
- 5.1.1 Performance-Related Communication
- 5.1.2 Performance-Related Cooperation
- 5.2 Inter-Organisational Support
- 5.3 Inter-Organisational Control
- 5.4 Law
- 6 Lessons Learned
- References
- Chapter 12: Control and Accountability: Administrative Courts and Courts of Audit
- 1 Introduction
- 2 Administrative Courts
- 2.1 The Structure of Administrative Courts in Germany
- 2.2 Empirical Facts
- 2.3 Types of Decisions
- 2.4 Depth of Control
- 2.4.1 Exception No. 1: Discretion
- 2.4.2 Exception No. 2: Scope for Appreciation
- 2.5 Extent of Control.
- 2.6 Remaining Aspects Concerning Judicial Control
- 3 Courts of Audit
- 3.1 Organisational Features
- 3.2 Scope of Review
- 3.3 Effects
- 4 Lessons Learned
- References
- Chapter 13: Civil Service and Public Employment
- 1 Introduction
- 2 Civil Service Systems Compared: What Kind of an Animal Is the German Civil Service?
- 3 How Does the German Civil Service Measure Up? Size and Structure of Public Employment
- 4 How Does the German Civil Service Work? Major Characteristics and Features
- 4.1 The Weberian Bureaucrat as a 'Leitmotif': 'Civil Servant' and 'Public Employee' as Competing but Also Converging Status Models
- 4.2 Steering and Coordination in the German Civil Service: Legal Frames, Collective Bargaining and Civil Service Politics
- 4.3 Recruitment and Qualification
- 4.4 Compensation Schemes and Benefits
- 4.5 The German Civil Service at the Interface Between Politics and Administration
- 5 How the German Civil Service Has Changed or Is Supposed to Change: Major Challenges and Reform Trends
- 6 Lessons Learned and Concluding Thoughts
- References
- Chapter 14: Public Finance
- 1 Introduction
- 2 Regulation of Public Budgets and Budgeting
- 2.1 Principles of Budgeting, Structures and Classifications
- 2.2 The Budget Cycle
- 2.3 Recent Budgetary Reforms
- 3 Basic Regulation for the 'Fiscal Constitution' in the Basic Law
- 4 Public Expenditure
- 5 Public Sector Revenue
- 5.1 Revenue in General
- 5.2 Tax Revenue
- 5.3 Intergovernmental Financial Relations: Multilevel Tax Sharing Assignment
- 6 Public Debt
- 7 Local Finance
- 8 Lessons Learned
- References
- Part III: Redrawing Structures, Boundaries and Service Delivery
- Chapter 15: Transformation of Public Administration in East Germany Following Unification
- Chapter 16: Administrative Reforms in the Multilevel System: Reshuffling Tasks and Territories.
- 1 Introduction.