Disertación sobre el servicio público (Tema Central)

El concepto de servicio público, a pesar de las muchas polémicas que despierta en la doctrina, es una de las nociones que más interés despierta en los estudios del Derecho Administrativo. En efecto, se trata de una prestación técnica que satisface necesidades de carácter general, con sujeción a un régimen jurídico exorbitante del derecho ordinario. En tal virtud, como competencia de la Administración Pública, contribuye a la realización de los cometidos estatales y de los fines públicos. El presente trabajo aborda los principales aspectos que rodean a la temática del servicio público, de modo que brinda una introducción sumamente útil sobre la materia.

Los asociaciones público-privadas (APP): una opción para contratación administrativa en Latinoamérica (Tema Central)

Las APP son una opción frente a modalidades de contratación administrativa más agresivas como aquellas típicas de la época de las privatizaciones. Las APP conjugan la indispensable colaboración entre el sector público y el privado.

La participación social en la relación sociedad-Estado contemporánea, ‘el caso ecuatoriano’

The emergence of social action amid governance is relatively new, but has been cases and situations even in earlier centuries than the 20th century. The presence, however, of a permanent social action in the State as a regular form of action public institutions, further established in republican constitutions in Latin America, is a significant novelty in the exercise of public administration. This research deals with the analysis of this reality, still incipient, and the implications of the permanent presence of the society in the state function. A reference framework for treating relationship between society and State involvement in a deep dimension is no stranger to the analysis of ideologies, agencies, interests and policy management dimension. This study analyzes the current situation of this participation in the State, in the case of Ecuador, with some references with other countries in the region. The study concludes that this participation is still incipient, amid a complex dialectic of stakeholders. Finally research makes some proposals to operationalize such participation and make it real, deep and continuous.

Technological change and the challenges for regional development: building social capital in less-favoured regions

The relevance of regional policy for less favoured regions (LFRs) reveals itself when policy-makers must reconcile competitiveness with social cohesion through the adaptation of competition or innovation policies. The vast literature in this area generally builds on an overarching concept of ‘social capital’ as the necessary relational infrastructure for collective action diversification and policy integration, in a context much influenced by a dynamic of industrial change and a necessary balance between the creation and diffusion of ‘knowledge’ through learning. This relational infrastructure or ‘social capital’ is centred on people’s willingness to cooperate and ‘envision’ futures as a result of “social organization, such as networks, norms and trust that facilitate action and cooperation for mutual benefit” (Putnam, 1993: 35). Advocates of this interpretation of ‘social capital’ have adopted the ‘new growth’ thinking behind ‘systems of innovation’ and ‘competence building’, arguing that networks have the potential to make both public administration and markets more effective as well as ‘learning’ trajectories more inclusive of the development of society as a whole. This essay aims to better understand the role of ‘social capital’ in the production and reproduction of uneven regional development patterns, and to critically assess the limits of a ‘systems concept’ and an institution-centred approach to comparative studies of regional innovation. These aims are discussed in light of the following two assertions: i) learning behaviour, from an economic point of view, has its determinants, and ii) the positive economic outcomes of ‘social capital’ cannot be taken as a given. It is suggested that an agent-centred approach to comparative research best addresses the ‘learning’ determinants and the consequences of social networks on regional development patterns. A brief discussion of the current debate on innovation surveys has been provided to illustrate this point.

Understanding hybrid roles: the role of identity processes amongst physicians

Increasing attention has been paid in both public administration and organizational theory to understanding how physicians assume a ‘hybrid’ role as they take onmanagerial responsibilities. Limited theoretical attention has been devoted to the processes involved in negotiating, developing, and maintaining such a role.We draw on identity theory, using a qualitative, five-year longitudinal case study, to explore how hybrid physician–managers in the English National Health Service and the organizations they are situated in achieve this. We highlight the importance of saliency – how central an identity is to an individual’s values and beliefs – in managing new identities.We found three differing responses to taking on a hybrid physician–manager role, with identity emerging as a mitigating factor for negotiating potentially conflicting roles. We discuss the implications for existing theory and practice in the management of public organizations and identify an agenda for further research.

Enterprise Architecture adoption method for Higher Education Institutions

During the last few years Enterprise Architecture has received increasing attention among industry and academia. Enterprise Architecture (EA) can be defined as (i) a formal description of the current and future state(s) of an organisation, and (ii) a managed change between these states to meet organisation’s stakeholders’ goals and to create value to the organisation. By adopting EA, organisations may gain a number of benefits such as better decision making, increased revenues and cost reductions, and alignment of business and IT. To increase the performance of public sector operations, and to improve public services and their availability, the Finnish Parliament has ratified the Act on Information Management Governance in Public Administration in 2011. The Act mandates public sector organisations to start adopting EA by 2014, including Higher Education Institutions (HEIs). Despite the benefits of EA and the Act, EA adoption level and maturity in Finnish HEIs are low. This is partly caused by the fact that EA adoption has been found to be difficult. Thus there is a need for a solution to help organisations to adopt EA successfully. This thesis follows Design Science (DS) approach to improve traditional EA adoption method in order to increase the likelihood of successful adoption. First a model is developed to explain the change resistance during EA adoption. To find out problems associated with EA adoption, an EA-pilot conducted in 2010 among 12 Finnish HEIs was analysed using the model. It was found that most of the problems were caused by misunderstood EA concepts, attitudes, and lack of skills. The traditional EA adoption method does not pay attention to these. To overcome the limitations of the traditional EA adoption method, an improved EA Adoption Method (EAAM) is introduced. By following EAAM, organisations may increase the likelihood of successful EA adoption. EAAM helps in acquiring the mandate for EA adoption from top-management, which has been found to be crucial to success. It also helps in supporting individual and organisational learning, which has also found to be essential in successful adoption.

Individual and organisational leadership: the shared approach

Purpose - this paper focuses on reducing the margin for leadership error in meeting strategic aims by forming a more robust approach to developing a broader and more reliable set of leadership skills to provide a greater likelihood of strategic alignment between corporate and individual need, increasing both of their respective shelve lives.

Supervision as control system : the design of supervision as a regulatory instrument in the social services sector in Sweden

In this article, the prevailing official view of supervision as a regulatory instrument is examined as it applies to the social services sector in Sweden. The study is based on a comparison of the views expressed on the design of supervision as a regulatory instrument by two government commissions, the Supervision Commission and the Commission on Supervision within the Social Services (UTIS), and on the positions taken by the Government regarding the definitions of the concept of supervision proposed by these commissions. The view of supervision as a regulatory instrument expressed in these policy documents is analysed with the help of a theoretical framework describing the components, their functions and the governance characteristics of control systems. In the framework separate interrelated characteristics of the components are identified and summarized into two models of control systems. The analysis shows that supervision in the Swedish social services sector can be described in terms of both a disciplinary and non-disciplinary system. By its system theoretical basis and the identification of interrelated characteristics the study contributes to a broadened understanding of the construction and functions of supervision as a regulatory instrument and of how supervision within the Swedish social sector is meant to be designed.

Demokrati eller presidentdiktatur? : Konstitutionella vägval i postkommunistiska länder

While authoritarian presidents prevail under heavily president-oriented constitutions throughout the post-Soviet region, democracy along parliamentary lines triumphs in Central Europe. This article discusses the constitutional pattern among the post-communist countries on the basis of two general questions: First, how can we explain why strong presidential constitutions dominate throughout the post-Soviet region whereas constrained presidencies and governments anchored in parliament have become the prevailing option in Central Europe? Second, and interlinked with the first question, why have so many post-communist countries (in the post-Soviet region as well as in Central Europe) chosen neither parliamentarism nor presidentialism, but instead semi-presidential arrangements whereby a directly elected president is provided with considerable powers and coexists with a prime minister? The analysis indicates that both historical-institutional and actor-oriented factors are relevant here. Key factors have been regime transition, pre-communist era constitutions and leaders, as well as short-term economic and political considerations. With differing strengths and in partly different ways, these factors seem to have affected the actors’ preferences and final constitutional compromises.

Towards Presidential Rule in Ukraine : Hybrid Regime Dynamics under Semi-Presidentialism

This article sets out to analyse recent regime developments in Ukraine in relation to semi-presidentialism. The article asks: to what extent and in what ways theoretical arguments against semi-presidentialism (premier-presidential and president-parliamentary systems) are relevant for understanding the changing directions of the Ukrainian regime since the 1990s? The article also reviews the by now overwhelming evidence suggesting that President Yanukovych is turning Ukraine into a more authoritarian hybrid regime and raises the question to what extent the president-parliamentary system might serve this end. The article argues that both kinds of semi-presidentialism have, in different ways, exacerbated rather than mitigated institutional conflict and political stalemate. The return to the president-parliamentary system in 2010 – the constitutional arrangement with the most dismal record of democratisation – was a step in the wrong direction. The premier-presidential regime was by no means ideal, but it had at least two advantages. It weakened the presidential dominance and it explicitly anchored the survival of the government in parliament. The return to the 1996 constitution ties in well with the notion that President Viktor Yanukovych has embarked on an outright authoritarian path.

The “Lunatic Fringe” -- Barry Goldwater and the Conservative Revolution of the 1960s --

How did conservatives, who had become effectively ostracized by their party following the Great Depression and the societal reforms of the New Deal, regain leverage within the GOP during the 1960s? My hypothesis is two-fold. First, I contend that a small group of conservative activists led by F. Clifton White, in spite of a dearth of resources and manpower, managed to infiltrate Republican infrastructure and “hijack” the delegate- selection process. The distinctly conservative and recalcitrant disposition of the Goldwater delegates demonstrates that these activists succeeded. Second, I argue that in addition to temporarily overpowering the national convention in 1964, conservatives thereafter retained control of the party insofar as subsequent GOP candidates were obliged to garner the support of conservative pockets of the country in order to win the presidential nomination. The resulting rightward shift of the Republican Party following the 1960s is a direct corollary of the conservative takeover outlined in this study.