Topical Problems of European Public Administration

VSFS

Prof. El. ThalassinosUniversity of Piraeus

Greece

Nov. 2012

Course Structure Analysis

- Three Main Pillars: Historical and Theoretical Basis of

Public Administration & the State Practical Issues on Public

Administration: Management, Finance and Research Methods

Comparative Public Administration Systems

Brief Introduction to Public Administration & State Theory (1) Key Questions:- What is the State & what is the Government? Do they coincide? - What is Public Administration and how it is related to Government? - What are their functions?

The State constitutes the bedrock of the international system and the optimum form of societal organization, so far.

The Government is part of the State, yet not being the exact same thing. The Government is the means through which State Power is employed.

Public Administration is the structure through which State Governance and Policy is executed.

As much as the State is taken for granted today, it took centuries of societal, economic, scientific and political progress to rise.

Progress brought about also heated debate about the role of the State: how much state interventionism? The state’s role was progressively extended due to economic expansion and social transformation that took place since the Industrial Revolution.

Brief Introduction to Public Administration & State Theory (2)The State

The State: - “A sovereign political association operating in a defined territorial area having permanent population, a government and the capacity to interact with other states” (Heywood A., 1999)- The State comprises the various institutions of government, the bureaucracy, the military, the police, courts, social security system and so forth; In this sense it can roll forward or roll back as regards its level of intervention.- It commands supreme power as it stands above all other associations and groups in society; its laws demand the compliance of all those who live within its territory having universal acceptance and exercising compulsory jurisdiction.- It preserves a System of Centralized Rule (Head of State) that succeeded in subordinating all other institutions and groups, spiritual and temporal- Webber M.: “The State is a human community and a compulsory political organization with a centralized Government that successfully maintains the monopoly of the legitimate use of physical force within a given territory”- Hence, the State is an inclusive association, part of which is the Government.

Brief Introduction to Public Administration & State Theory (3)The Government

The Government:- Government exists whenever and wherever ordered rule occurs.- It refers to the administrative group of people with authority to govern a political State. According to this narrow definition, it includes “the rulers” or “the governors”, that is a specific group of ministers or secretaries, operating under the leadership of a Prime Minister that lay out policy making and apply policies.- The Government retains institutions that fulfill three major functions:

1) Legislation or the Making of Laws (Ruling party)2) The Execution or Implementation of Laws (Public

Administration)3) The Interpretation of Law, the adjudication of its meaning (Constitutional and Judicial Bodies)

- The Government constitutes the “brains” of the State, giving authoritative expression to the latter. - The distinction between State and Government goes to the very heart of constitution rule. The State reflects the permanent interests of society while the Government is inevitably influenced by the partisan sympathies and ideological preferences of the politicians who happen to be in power.

Brief Introduction to Public Administration & State Theory (4)The Public Administration

The Public Administration (PA):- As in the cases of defining the State and the Government, there have been various definitions concerning the PA.- PA as Implementer: a) all processes, organizations and individuals associated with carrying out laws and other rules adopted or issued by legislatures, executives and courts. (Gordon/Milakovich)b) Public administration is detailed and systematic execution of the law, excluding policy formulation as well as elected officials (Woodrow Wilson)- PA as Regulator: the use of managerial, public, and legal theories and processes to fulfill legislative, executive, and judicial mandates for the provision of governmental regulatory and service functions.- PA as Expression of the Public Interest: whatever governments do for good or ill. It is public administration’s political context that makes it public that distinguishes it from private or business administration (Shafritz and Russsel)

Brief Introduction to Public Administration & State Theory (5)The Public Administration - Functions

Managerial Approach (neutral bureaucrat; apolitical) Traditional Managerial Approach: Civil

Bureaucracy (“scientific approach”) distinct of the Government

New Public Management: Competitive, business-like. Managerial focus on output and achievement

Political approach: Public administrator as a reflection of the body politic (Government)

Legal approach: Public administrator as adjudicator

Brief Introduction to Public Administration & State Theory (6)The Bureaucracy A group of specifically non-elected officials within a government or

other institution that implements the rules, laws, ideas, and functions of their institution. A permanent administration that carries out the decisions of the legislature or democratically-elected representation of a state. (Wilson W., The Study of Administration, Political Science Quarterly)

Max Webber definition:- “…hierarchical organization, delineated lines of authority in a fixed area of activity, action taken on the basis of and recorded in written rules, bureaucratic officials need expert training, rules are implemented by neutral officials, career advancement depends on technical qualifications judged by organization, not individuals”.

Major characteristics:- fixed authority and official jurisdiction- specialization- written, formal rules- impersonal administration- hierarchy of offices- chain of command- career service with employment based on qualifications - Focus on input and procedures

Brief Introduction to Public Administration & State Theory (7)The State Functions- Historically and functionally speaking, the State has the following broad

Functions to perform since its rise: Protection from any Foreign/External threat = Monopoly in the Use of

Force Maintenance of Domestic Order = Monopoly in the Use of Force Justice between its constituent parts = Monopoly in Providing Laws and

their Enforcement Economic/Financial management = Monopoly in the right to Issue

Money and Setting the Framework/Regulation for Economic Activity

- The above State functions are translated in the following general Government Tasks:

Foreign Relations: Diplomacy & Defence Set the Business Environment Enforce and regulate fair and responsible business practices: monitoring

monetary policy, giving consumer protection, regulating banking practices. 

Determine and enforce civil laws of property and conduct: freedoms of the press, religion and rights of property. 

Provide public goods and services for the well-being of the community: infrastructure, disaster relief, basic health care, subsidized housing, public education and public utilities. 

Protect and regulate the sustainable use of natural resources (increasing importance)

Brief Introduction to Public Administration & State Theory (8)The Government Functions

- The level of state interventionism in certain areas is subject to theoretical interpretations that fuels long-lasting debates:

Economic Management (managed capitalism) Provision of Welfare designed to reduce poverty-social inequality

- How are State Goals reflected to Government functions?

According to the UN Statistics Division the functions of a Government are discerned in the following general categories:

General Public Services Defence Public Order and Safety Economic Affairs Environmental Protection Housing and Community Amenities Health Recreation, Culture and Religion Issues Education Social Protection

Source: http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=4

Historical & Theoretical Basis of Public Administration:The Rise of the State – After the Roman Period The State has risen as the dominant form of political and societal

association as human economic activity, political thinking and scientific discoveries enhanced rational reasoning and emancipated the individual from religious and feudal restrictions.

This historical and social process spanned in many centuries and did not take place overnight.

Turning point in Contemporary Europe: Fall of Roman Empire- Legacy of Roman Period in Public Administration for Modern Europe:

1) Written and Codified Law: culminating Roman Custom Law and carried out by Byzantine Emperors Theodosios & Ioustinianos – 530 A.D. Code of Law and Digesta or Pandectae. Ultimate Result=Corpus Juris Civillis or Law of Justinian. It represents the origins of Public Law.

2) Tax Receiving System: yet, it is abandoned in early medieval years due to fragmentation of the Roman Empire in smaller “barbaric” realms that rendered centralized tax receivables impossible.

3) Regional Administration: the institution of villas (origins of the feudal system based in micro-societal organization), the institution of comites as bestowed court titles and offices of Administration (deriving from the "Companions" of Alexander the Great and rather equivalent to the Hellenistic Philos-Vasilikos)

Most Important: Res Publica (the State stands above the individual)

Historical & Theoretical Basis of Public Administration:The Rise of the State – Medieval Europe Medieval Europe and the Specs of the State & Public Administration:

- Late centuries of the first millennium are dominated by the invasion of the so called “barbaric” tribes that upholded some Roman institutions and abolished some others due to fragmentation of the European continent and tribe customs.- Roman Law is revisited by Carolingian Dynasty (late 8th century-mid 9th century)

Early Medieval Period – Charlemagne and Public Administration Structure:1) Central Administration in Aachen (Aix-la-Chapelle) as the Royal House settles down and becomes to the center of the Carolingian Empire.2) Capella: members of the court are assigned certain responsibilities related to public administration3) Establishment of Secretariat and Archives of the Royal administration4) Capitula: administrative directives per field of responsibility issued by the Secretariat5) Chancellor: the Secretariat’s chief Executive6) Regional Public Administration: 250 regions (Comites divided in pagi or gau) administered by Comes, who was appointed by the King and usually coincided with the region’s biggest landlord.7) Establishment of Oath of Loyalty to the Ruler despite the fact that Charlemagne’s authority was often questioned in regions and he continued to be dependant on regional rulers’ interests. However, it institutionalized a form of loyalty to central authority.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Medieval Europe The Feudal Europe:

- Dominant form of social, political and economic organization of a community that came about due to the need of security after the collapse of Carolingian empire:1) The nobles wanted the security of maintaining control over their far-reaching kingdoms, so they were forced to delegate power to local control.2) The peasants wanted security from marauders and barbarians from neighboring lands. 3) All subjects wanted security from invading armies.YET: this level of security came at great expense of the common man as he gave up many freedoms.

Feudalism – Organizational Form:- The word derives from feodum and old germanic word feohu that used for valuable objects offered for sealing close bonds of friendship.- Common man became subject of a certain Ruler through a ritual of oath of loyalty (Recommendatio)- Through the use of honorary titles (honores) and previliages (beneficia) a close network of personal relations was constructed through which the Ruler ensured his influence over remote lands of his territory. All organizational structures (administrative, economic, military, consultancy) were founded on this premise of dependency of lower class to upper class members of society.- Political power was exercised locally by private individuals rather than through the bureaucracy of a centralized state. Thus, all medieval representative structures had a rather narrow form reflecting the absence of a centrally administrative regime.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Medieval Europe

In general, medieval political institutions involved three basic elements:

(1) a personal element, called lordship or vassalage, by which one nobleman, the vassal, became the loyal follower of a stronger nobleman, the lord or suzerain;

(2) a property element, called the fief (usually land), which the vassal received from his lord in order to enable him to fulfill the obligations of vassalage; and

(3) a governmental element, meaning the private exercise of governmental functions over vassals and fiefs.

The roots of these three elements run back to late Roman and early Germanic times.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Mid Medieval Times – Rising Monarchies Holy Roman Empire (10th & 11th Century-Eastern Frank Kingdom)

- Otto the 1st Duke of Saxony: dominates military in central and eastern Europe. He conveys the first conflict with Papal Rome, as German Rulers seek to concentrate more authority compared to the spiritual power of Rome. It represents the first attempt of political/state power to overcome spiritual power in Europe. However, Rome prevails and the Holy Roman Empire is dissolved.

French Monarchy (Capetian Dynasty)(13th – 14th Century)- Philippe the 2nd: he improves Central Administration and Tax Receiving system. But first and foremost, he outweighs every other regional ruler in terms of land owning and accumulation of wealth, thus prevailing over them and rendering him independent of regional power. French Monarchy is reinforced on central level and becomes the most powerful in Europe.

English Monarchy (House of Plantagenet) (13th – 14th Century)- William the 1st, Duke of Normandy: brings to England the feudal system but he establishes Centralized System of Governance and Tax Receiving Mechanisms as well as inventory of land owning (Domesday Book)- Henry the 2nd: runs his kingdom’s territories in France through “institutions” like the King’s Council (Curia Regis), Petty Jury, King’s Judicial Courts (King’s Benches), Chancery (Chancellor) and Treasurer (Exchequer)- John the 1st of England: obedience to the Pope, heavy taxation, cruel ruling, loss of English possessions in French soil, disregard of its nationals, all culminate in revolt and MAGNA CARTA → it represents the first document that establishes checks on the Ruler’s power through an institution that is comprised by nobles and other upper class social strata→ Parliament- King Henry the 3rd: in the 13th century incorporated elected representation from shires and towns, and is considered the forerunner of the modern parliament - King Eduard the 2nd (1308): the Magna Carta accord gathers legislative & judicial status

Historical & Theoretical Basis of Public Administration:The Rise of the State – Mid Medieval Times – Rising Monarchies

Reasons of Empowerment of French and English Monarchy tat gradually led to the Demise of Feudalism and paved the way to the Rise of the State:1) Relations of the Monarch with Aristocracy and Organized Cities become closer2) Preponderant Economic Power of the Monarch over local Rulers3) Improved systems of Tax Receivables4) Establishment of Permanent Military bodies in the Monarch’s service (not only mercenaries)5) Permanent Administrative Structures in the Monarch’s service6) England: institutionalized check of the Monarch’s power by newly established institutions

However: the interests of the Ruler are identical to those of his subjects and his realm. Thus, state power has not been detached from the Ruler. Moreover, the Romeo-Catholic Church still has dominant political power in Europe.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Mid Medieval Times 14th to 16th Century- Summarizing

The demise of big Empires (Carolngian, Holy Roman Empire, Byzantine Empire) gave way to smaller socioeconomic and political entities within certain territory. Those which survived and managed to succeed these Empires in terms of territorial owning developed a certain administrative organization as well as an early national sentiment that filled the gap of the receding sentiment of Christian unity as a the primal form of political identity.1) England→ Parliament2) France → Etats Generaux 3) Spain, especially after their prevail over Arabs and its unification→ Cortes4) Italian States of Venice and Genoa5) Switzerland: one of the most successful regional associations in the germanic area6) Bavaria and other regional realms such as Moravia & Bohemia7) Kalmar Union in Scandinavia8) Hanseatic League in Baltic Sea & later the unification of 9) Polish-Lithuania Commonwealth (late 16th Century)10) Princedom of Moscow

Result: the birth of New Europe that will be founded on a “state” system has been under way.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Mid Medieval Times – Summarizing early Government Structures in Major European Countries (13th to 16th Century) England

- Commune Concilium Regi: the King’s Council in which feudal lords being allocated a certain land to own by the King himself participate as well as in the King’s Judicial Court (12th Century)- Magnum Concilium: evolution of the latter as it accounts hundred of participants (early 13th Century)- Parliament: institutionalized check of the Ruler’s power by society’s upper class on issues of budget and tax. The Ruler should consult the members of the Parliament which votes on the proposed taxes and budget. (late 13th century-early 14th century). It has not only financial but also legislative and judicial power.- House of Commons: comprises of members of the Parliament that have been invited by the Ruler- House of Lords: comprises of those members of the Parliament that represent regions (shires)- Council → Privy Council: the King’s consultancy body which the barons had managed to take under their influence until 15th century.- Chamber (14th Century): early bureaucratic structure that verified King’s official documents.- Wardrobe→ Exchequer (13th – 14th Century): the kingdom’s central Treasury from which tax and other public revenue (land rents) was administered.- King’s Bench: the King’s Judicial Courts

Historical & Theoretical Basis of Public Administration:The Rise of the State – Mid Medieval Times – Summarizing early Government Structures in Major European Countries (13th to 16th Century) France

- Garde Du Sceau: the king’s Secretariat (1318)- Chambre aux Denier: the economic Chamber (mid 14th century)- Argenterie: Treasury (14th Century).- Etats Generaux: in 13th century early 14th century it is established as a consultancy body of the King’s decisions with no legislative power.- Parlement: Parliament (14th century) it acquired legislative responsibilities later that its English counterpart. Its initial form was a judicial one.- Chancellor: Parliament’s elected president from its members- Conseil: the King’s close consultancy body

Spain- Cortes: Parliament in Aragon- Brazos: Nobles house- Ricoshombres: rich people house- Hidalgos: lower nobles house- Brazo Popular: common people house- Corts: Parliament in Catalunia- Diputacio del General de Catalunya: Classes General Assembly- All had economic, administrative and judicial responsibilities but little political power, being often outweighed by interests of middle class, instead of the nobles as the latter were preoccupied with general commerce.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Age of Discoveries, Scientific Revolution & Protestant Reformation Scientific Revolution (15th, 16th, 17th, 18th century) “Cogito, Ergo Sum” (Descartes-Cartesius,

Bacon, Newton, Copernicus, Kepler, Galileo, Locke,) – three major effects: 1) Increases faith in human nature vis-a-vis supernatural and spiritual interpretation of nature2) Heightens the debate over the partitioning between science and religion increasing the critique against Medieval traditions and Romeo-Catholic Church’s dogmatism.3) Extends the abilities of human to master his natural environment, to comprehend it and to travel further abroad.4) Printing (Gutenberg) becomes the ideal vehicle for dissemination of modern thinking, discoveries and new ideas.

Age of Discoveries (major European Expeditions late 15th – early 16th century) – major effects:1) Globalization of Commerce2) Highlighting contemporary economic practice and reasoning3) Rise of Capitalism and Profit: pivotal role play the two major Italian city states of Venice and Genoa, which develop modern banking practices and state administrative structures4) Increase of Commerce, Consumption, Production, Wealth, Inflow of Commodities and Metals: all change fundamentally Europe’s economic reality, transforming European economy, giving rise to new economic centres (cities, breaking the monopoly of the two Italian states) and new monarch powers (Spain).5) Geographical Transformation: Europe expands and increased focus is given to overseas land. Thus, economic and political administrative structures have to be laid down for better management of expeditions and their outcomes 6) Social & EconomicTransformation: new social classes such as capitalists, bankers, merchants, private farmers and the like emerge closing the gap with the aristocracy and consituting the specs of the later middle class. Rise of Individualism vs common ownership7) Development of efficient cash economy: the growth of trade and production stressed the need for more stable and uniform monetary systems. It soon became apparent that the adoption of a single monetary standard (uniform currency) would reinforce the economy of each monarchy. First, Queen Elizabeth of England issued a common currency throughout England. However, this trend was not completed until late 17th century. 8) First ever mentioning on human rights over the treatment of indigenous populations in colonies.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Age of Discoveries, Scientific Revolution & Protestant Reformation Protestant Reformation (Louther 15th -16th century) – three major effects:

1) Appearance of the origins of national sentiment in Northern Europe (England, Germany, France) and rise of Monarchies. This results in reduction of Rome’s political power in Europe in favor of Europe’s Major Monarchs.2) Rise of first ethnic Churches as England first declares it’s detachment from Europe and that the Monarch’s power prevails over the Pope’s authority (Henry VIII).3) Increase faith in human nature over the Church’s dominating role.4) Detachment of Spiritual power from Economic and Political issues of each Monarchy in Northern Europe. The new capitalistic class could not afford to see the Church incriminating profit making, let alone its high taxation.

All three MAJOR Historic Events culminate in the following:1) Decline of the Feudal System and the Domination of Romeo-Catholic Church’ dominant role in Europe (Political and Economic power)2) Rise of the Absolute Monarchy3) Rise of Permanent Administration, Bureaucracy and Military (State Structures)4) Rise of the System of States5) Rise of capitalist Economy→ relevant economic governance structures

Historical & Theoretical Basis of Public Administration:The Rise of the State – Absolute Monarchy (16th-17th-18th century)

Factors that Reinforced Absolute Monarchy:1) New sources of wealth and income from expeditions overseas and growth of commerce→ they render the establishment and maintenance of economic and civil administration permanent structures for military activity and foreign policy2) Enhancement of Economic and Tax Revenue capabilities of the Central Government3) Permanent army maintenance4) Permanent bureaucratic structures maintenance5) Cosmic power prevails over spiritual power6) Major European wars (100 years war FRA vs ENG) legitimize and enhance government power in the eyes of its subjects. Government power is also used for keeping order inside the realm. The wage of major wars require the development of administration.7) Major European wars have a psychological effect as people are in favor of a stable government8) Protestant Reformation makes a break with Romeo-Catholic Church abolishing the Pope’s political power over cosmic leaders (King’s and rulers). The latter extend their power in religious and cosmic issues. 9) Westphalia Peace (1648): constitutes the bedrock of the Modern States’ System as it recognizes the absolute power of the Hegemon to wage war, to make peace and to rule its country as he pleases. Moreover, it recognized the State as the as the prevalent form of entity in the international system with full sovereignty over their territory and their inhabitants, being equal according to International Law. It establishes Diplomacy as the way to conduct interstate relations.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Absolute Monarchy (16th-17th-18th century) Character of Absolute Monarchy:

- It coincides with the Rise of the State- It is founded on stable bureaucracy and favor of early rich bourgeois - It is equivalent to the absolute power of the Ruler over any other form of power within his country’s territory. However, checks in his power have already put in place since Medieval times. In fact, the Aristocracy and rich Merchants limited the Ruler’s power. Due to this fact the latter could not issue legislation and bills at will. Instead, the Monarch had to justify his policy in hundred’s even thousand of people participating in decision approval before enacting it.- Absolute Monarchs usually upholded the law in their decisions. Despite the absolute power, state power in the period 1500-1789 was nowhere near the increased status it enjoyed after the French Revolution.- Concentration of Power is not sufficient for someone to claim that a “State” exists. Rather, it is the distinction of power between the Ruler and the State that gives the latter substance. This process takes time and is fully realized by the French Revolution. However, the initial thinking was introduced by Louis XIV in the sense that he discerns his own glory from that of the State, as he mentions in his Memoirs- Increased economic activity and commerce: emancipation of the notion of “profit” from being considered as evil.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Absolute Monarchy (16th-17th-18th century) France – Louis XIV: the role model of Absolute Monarchy

Louis XIV inherits four basic elements of power:1) Extended, well placed and Obedient Bureaucracy2) Rich Treasury3) Obedient Aristocracy4) Controlled and Independent French Church free from Pope’s influence

Louis XIV: “L’ etat c’ est moi”- He incarnates Absolute Monarchy in the sense of unquestioned domestic power. However, he was not free from aristocracy and rich upper class influence.- Governance: full administrative structures that resembles modern Government1) Conseil d’ En-Haut: Higher Administrative Council→ central Government2) Conseil des Depeches: Secretariat3) Conseil des Finances: Economic & Financial Council4) Conseil des Parties: Council of Interiors5) Four Ministers: Foreign Affaris, War, Navy, King’s House6) King’s Executives: Chancellor, Chief of Judicial body, Chief of Paperwork’s Authentication, Controleur General des Finance-General Controller of Finance and Economics7) Maitres des Raquetes au Conseil du Roi-Other Supervising members of Central Governance: intendants of Justice, Police, Public Order that addresses issues such as tendency of separatist movements of members of aristocracy, Public Works, Agricultural production, Tax Revenue and Public Revenue distribution.8) The first attempt to address the issue of metric diversity within French territory

Still, the French King had been committed to respect national territory, succession rules (the right to rule passed through heredity-divine rule still existed), the Romeo-Catholic orientation of the State, the life and goods of its subjects.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Absolute Monarchy (16th-17th-18th century)

French Absolute Monarchy and Economy- Rise of Mercantilism: strategic choice to have more gold inflows and less gold outflows. This is translated to an extrovert economy with increased local production of tradable goods and commodities- Protectionism of domestic production in large and small industry, agriculture and mining.

French Absolute Monarchy and Society- Nobles are weakened politically but compensated economic and social by granting them pensions and access in the King’s court.- The fact that Nobles continued to represent a privileged social class, took its toll later on, with the break out of French Revolution.

French Absolute Monarchy and Religion- Superiority over the Pope’s authority who should respect France’s law and order, Pope is not considered infallible.- However, French Monarchy becomes very rigid regarding the uphold of Catholic religion being less tolerant to Protestants.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Absolute Monarchy (16th-17th-18th century) Other Absolute Monarchies in Europe:

1) PRUSSIA – Frederick William:- He attempts to establish permanent army- He attempts to set up Concentrated System of Governance- He recognizes the nobles’ privileges but imposes on them conscription in order to form his personal guard

2) RUSSIA- Peter the Great: Westernization of Russia transferring its capital to St. Petersburg- He abolishes local authority- He abolishes the Patriarch- He imposes Tax on all economic activities- He takes stimulating measures for increased industrial production and exports- He establishes permanent Administration and Bureaucracy- He establishes permanent army- He ensures obedience from and cooperation with Aristocracy and the Church- He establishes Secret Police

Enlightened Monarchies in Europe (after Enlightenment period - 18th century)- Austria: Joseph and Maria Theresa - Prussia: Frederick the Great - Russia: Catherine the GreatAll try to enhance public administration and to introduce a form of social welfare measures by establishing hospitals and taking measures that would alleviate lower social classes but fails to overthrow the privileges of upper class.

Historical & Theoretical Basis of Public Administration:The Rise of the State – English Revolution & Industrialization (17th & 18th Century) England paves the way for modern Europe - the establishment of Parliamentary

Governance and civil rights a century ahead the French Revolution:- 1642-1651: English Civil War→ Parlamentarians VS Royalists- Parlamentarian Victory→ replacement of English Monarchy with Commonwealth of England (1651) - short lived- 1653: Protectorate and Oliver Cromwell. He abolishes the house of Lords, he dissolves the conservative Parliament establishing oligarchic democracy.- 1658: death of Oliver Cromwell: new era in England:1) Restoration of Monarchy BUT committed to respect the Parliament and Magna Carta’s principles.2) 1679 – Writs of Habeas Corpus: protection of Civil Rights and personal Freedom. The King may not arrest any citizen without prior consent of a judge. The King’s judicial authority is transferred to Chancellor and Judicial Courts.3) 1689 - Bill of Rights: it confines the King’s jurisdictions and extends the Parliament’s Responsibilities. The King is deprived the right to inhibit the force of law. The Parliament has increased jurisdiction over public economic management and administrative issues. 4) Although the Parliament is strengthened, it is comprised mainly by aristocracy being embodied by the House of Lords and the House of Commons5) Governance: the foundations of Parliamentary Monarchy are laid down:- Government based on Parliamentary Legislative authority- Parliament: The House of Commons represents the nation through counties and boroughs. The House of Lords continue to serve aristocracy’s interests.- Cabinet of Ministers is institutionalized- Political Parties are established (Tories and Whigs) although they are dominated by aristocracy- 1783: Political and Parliamentary power are stabilized after failed attempt to tackle it.

Historical & Theoretical Basis of Public Administration:The Rise of the State – French Revolution French Revolution constitutes the bedrock of Modern World as it represents

that culmination all political, economic, social, scientific, ideological and philosophical progress and process that has taken place over 16th,17th and 18th centuries.

France before Revolution: Administrative and Public Economics Crisis1) Bankrupted2) Corrupted3) Fragmented economic area4) Low Productive capability and disrupted supply5) Economy has not introduced the lessons of Industrial Revolution6) Increased Population malnourished7) The Estates do not represent the public sentiment. Members of Bourgeois have put their claim in a conservative society in which Aristocracy still enjoys provocative privileges.8) The Bourgeois have dominated French society both in economic and cultural level but have no access in higher class. They are the conveyors of the new capitalist system but still serving a system of feudal origin with high taxes.9) French Revolution is a revolution from the members of the Bourgeois, Workers, Farmers and deprived citizens.

The reasons of French Revolution reveal the sensitive nature of the State and how state policy is enforced.

Historical & Theoretical Basis of Public Administration:The Rise of the State – French Revolution Impact of the French Revolution:

1) It lays the foundations of Liberalism, Democracy and the Nation-State.2) It promotes science, administration, law, governance.3) It sets the ideological and political framework of modern world.

Direct Results of the French Revolution on State Affairs:1) It liberates new Social Classes vindicating the Bourgeois at the cost of Aristocracy.2) It consolidated Centralized Government, Modernization and Liberalization of Economy, Cosmic Society and Civil Power.3) It consolidated the formation of the Nation-State as a coherent territorial and national entity with certain boundaries.4) It Consolidated Civil Law, Civil Rights, the Metric System and effaced metric diversity, customs and tariffs within France unifying economically the country.5) It established the notion of a national army without any mercenaries.6) It reorganized the notion of the State through the establishment of institutionalized bureaucracy, new administrative blueprint (regions-prefectures), rationalization of public administration and public economics applying tax on aristocracy and abolishing those that burdened the rest of society. Three major taxes were applied; real property, personal property and patent.7) The King’s authority is limited in favor of the National Assembly, in which the six ministers are accountable.8) The French Church was reorganized and clergymen should take oath of loyalty to the nation, to the law and to the King. Establishment of Cosmic Power over Spiritual one.9) Egalitarianism in front of the law was ensured.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Napoleonic Age Napoleonic Era lived up to the heritage of the French Revolution. Napoleon,

disseminated the outcomes of the French Revolution: Concentrated Power: local government and judges are appointed by

Napoleon in the name of the State Codification of Public Law – Major Advancement on Civil Law Central Government: Conseil d’ Etat, Tribunat (Judicial), Corps Legislatif,

Senat Executive power to three consuls Re-organization of Public Finance Establishment of the Bank of France and a new currency (franc) Institutionalization of Organized Bureaucracy He gives to Bourgeois access to Public Administration, thus allying them Inviolability of private property Re-organization of Regional Governance through the establishment of

prefectures Re-organization of public education Establishment of a democratic aristocracy through the institution of Legion d’

Honeur The Expansion of Napoleonic France exports this model of organization and the

ideals of the French Revolution to other European regions, but also fuels German Nationalization and inspires several national revolutions.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Industrialization of Europe Economic, Social and Political Transformation of Europe with rise of Bourgeois due

to: Industrialization Urbanization Population Increase Liberalism Colonialism→ additional sources of income for bourgeois, additional productive

territories to the capitalist system Technological and Scientific Advancements Consolidation of Parliamentary regimes

Factors that facilitated Industrialization in England in mid 18 th - early 19th century: Advanced economy in capital, food, raw and fossil materials, transport networks Positive attitude towards innovation and profit and high esteem of economic success Early Economic and Political unification of Great Britain – London becomes the world’s

economic centre Rise of the capitalistic model, individualism, profit, low cost production, increased

productivity Protection of domestic production in critical sectors (cotton) Innovation, patents, new production machines, new tools that make production more

massive Overseas expansion

Historical & Theoretical Basis of Public Administration:The Rise of the State – Industrialization of Europe Bourgeois

Stable income above poverty level Economic Security and capability of life planning Emancipation of women and children from mandatory work Civil rights are recognized only for men although this contradiction will

gradually be eliminated Economic Power, Social Esteem, Political Influence

Liberalism: it reflects the ideas of the Bourgeois Law is above all Constitution Religious Tolerance Separation of Powers Individual and Collective Liberties Rights of Man & Civil Freedoms Private Property Against any privileges of Monarchy, the Aristocracy and Nobles Free Trade and no state intervention

Historical & Theoretical Basis of Public Administration:The Rise of the State – Industrialization of Europe Workers – in the first phase of industrialization

Overpopulation Famine Illnesses Many working hours with no rights for the working class – no welfare state No adequate infrastructures in drainage, water supply Low payment per working hour Almost inhuman standards of working and living conditions

Socialism: it is developed as an answer to Capitalism Against private property Central issue: the acquisition of means of production Struggle between social classes

In this respect, the Bourgeois allied with Aristocracy to face the increased dynamic of workers and rural population. Aristocracy adopts Liberlaism’s code of conduct and standards of living. The social elite starts becoming a mixed class of Bourgeois and former nobles, with the latter being literally extinct as the Bourgeois expanded in European societies.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Civil Revolutions in Europe Revolutions 1820-1830’s: Ethnic revolutions in Greece, Poland,

Belgium)

Revolution France 1830: Civil revolution from Bourgeois for Democracy against French Monarchy

Revolutions 1848: National, Civil and Social Revolutions Austria: Czechs and Hungarians claim their independence and Constitution France: social revolution and class between workers and Bourgeois Germany: demand for German Unification Italian states: revolt against Austrian occupation

The 1848 Revolutions end with the Bourgeois prevailing. However, Europe is in the middle of great reformations as national and social demands become more acute than ever since the French Revolution:

Liberal values prevail Constitutional status is granted in pre-1848 Monarchies without breaking

ties with the ruling class in fear of the growing power of the working class.

Historical & Theoretical Basis of Public Administration:The Rise of the State – Bismarck, Great Britain and the Welfare State 1871 – German Unification: Bismarck rises as emblematic figure

He created the modern welfare state by building on a tradition of welfare programs in Prussia and Saxony that began as early as in the 1840s, and by winning the support of business.

He introduced old age pensions, accident insurance and medical care that formed the basis of the modern European welfare state.

He won the support of German industry because its goals were to win the support of the working class for the German Empire and reduce the outflow of immigrants to the United States, where wages were higher but welfare did not exist.

He won the support of both industry and skilled workers by his high tariff policies, which protected profits and wages from American competition, although they alienated the liberal intellectuals who wanted free trade.

One of his ulterior motives was to tackle socialistic tendencies which he regarded as anarchic.

Great Britain – early 20th Century – Liberal Welfare Reforms 1906-1914: Old-Age Pensions Act (1908) Free school meals in 1909, the 1909 Labour Exchanges Act the Development Act 1909: greater Government intervention in economic

development National Insurance Act 1911: set up of national insurance contribution for

unemployment and health benefits from work. 1948: national Healthcare System (the first in the world) - National Insurance Act,

National Assistance Act and National Health Service Act.

Historical & Theoretical Basis of Public Administration:The Rise of the State – The Modern State & Public Administration Through its historic evolution the Modern State covers the

following functions, in terms of historical appearance: Defence Economic Affairs Public Order and Safety General Public Services Health Social Protection Education Environmental Protection Housing and Community Amenities Recreation, Culture and Religion Issues

Modern Public Administration includes: Ministries Departments Agencies Public Bodies Enjoys independence from Government (commissions and internal

authorities)

Historical & Theoretical Basis of Public Administration:The Rise of the State – Public Administration Models (Summarizing Historic Evolution)

Continental Model (FRA & GER) – deeply influenced by Roman law FRA: Principe de Legalite

Has its roots in Siecle de Lumieres philosophy. However, Rousseau’s theory of Democracy and Montesquie’s theory on separation

of powers exerted more influence and were adopted as early as 1820’s. Law as an expression of general will. The Concept of Social Contract: citizens are only to obey rules they have accepted

through decisions of their representatives: Parliamentary system needed. (representative democracy)

Principe de Legalite, Pricniple of Universal sufgfrage, Declaration of Human Rights: three main concepts of French Revolution

Napoleonic System of Bureaucratic Admiistration resembles with those of other autocratic monarchies

Legal consequence of Principe de Legalite→ Conseil d’ Etat (State Council) GER: Rechtsstaat (legal state, Rule of Law)

Has its roots in Siecle de Lumieres (Age of Enlightenment) philosophy that influenced Prussian enlightened despotism.

A sovereign has to be bound by the rules they have made and which have to be stable, known by their subjects and applied in a fair manner t all of them by politically neutral judges and administrators.

It was centered on a legal formalism as a safeguard for fair social order. It was closely linked with the existence of a bureaucratic apparatus as the main

guarantee of the functioning of the system. It includes solid constitutional protection of human and civil rights, as well as of

the non discrimination rule. Judicial protection centred upon a Constitutional Court. It comes as no surprise that this model was adopted by entities with no or short

lived parliamentary experience (GER).

Historical & Theoretical Basis of Public Administration:The Rise of the State – Public Administration Models (Summarizing Historic Evolution)

Continental Model (FRA & GER) Both are founded on the system of statute and codified law based upon a written

constitution General principles by which the Ruler regulates society and political institutions are

set up French and German civil codes set up general rules and principles. This is why acts

of parliament are usually complimented by more detailed general regulations providing a set of specific solutions

In order to apply the law→ issuance of legally binding administrative decisions consistent with general regulations which, in turn, are consistent with acts of Parliament

Key concept: competency (competence-Zustandigkeit), meaning empowerment of those issuing administrative decisions and regulations

Judicial review of administrative action developed much later than in England General structures of Government, both local and central, have to be set down in

detailed legally binding instruments Regulatory power derived from the Parliament with the exception of Netherlands

and Belgium, deriving from the royal prerogative Lander Legislation: the most comprehensive system of codification of

administrative procedures State and Society are part of an organic entity and dominant approach towards

them is the public law EU law has been deeply influenced by the Continental system

Historical & Theoretical Basis of Public Administration:The Rise of the State – Public Administration Models (Summarizing Historic Evolution) Anglo-Saxon Model (UK-USA)

Derives from English law. Influenced less by Roman law, and more by North Sea people (Saxons, Frisians, Scandinavians)

There is no written Constitution in England. This is comprised by a set of Acts and Enactments all of which ensure civil and liberal rights, constituting the UK’s form of Constitution

There are various types of secular legal pronouncements which survive from the Anglo-Saxon period can be grouped into three general categories, according to the manner of their publication:

laws and collections of laws promulgated by public authority; statements of custom; private compilations of legal rules and enactments

Three judicial branches: Executive functions: the lack of police rendered each victim capable of

seeking his own justice Legislative functions: code of laws issued by the ruler Judiciary functions: courts

Historical & Theoretical Basis of Public Administration:The Rise of the State – Public Administration Models (Summarizing Historic Evolution) Anglo-Saxon State status:

“Stateless society”: the state does not exist as a legal entity but rather one speaks of government or government departments

The “Crown” (UK) or the “Cosntitution” (US) incarnates the essence of the state

The role and position of the civil service are more subordinate in the Anglo-Saxon tradition compared to the Continental one. It is not assigned a constitutional role and tends to be subject to structural changes produced by the Government

Separation of Politics and Administration is prominent in the Anglo-Saxon model

Bureaucratic dominance of public policy has been more salient in Anglo-Saxon tradition

Dominant approach to Public Administration is Political Science and philosophy, not public law.

Administration is decentralized and left to local self-governing people General Administration is confined to matters of general or national

concern and not to local concerns of the subordinate political groups of the State