Innovative Administrative Procedure Law: Mission Impossible ?

• Main Author: Kovač Polonca
• Format: Article
• Language: English
• Published: Sciendo 2017-12-01
• Series: NISPAcee Journal of Public Administration and Policy
• Subjects: innovation; law; administrative procedures; europeanisation; public administration; slovenia
• Online Access: https://doi.org/10.1515/nispa-2017-0013

Law and innovation are oft en seen as antagonistic notions, particularly in administrative (authoritative) relations. Th is paper addresses this issue based on the regulation of administrative procedures, since they represent core public-administration activities in contemporary society. Hence, they need to be codified and implemented, both on the EU and national levels, in a more flexible and party-oriented way, even though still preserving legal certainty. The author argues that Europeanisation contributes to innovation in administrative procedure law, with institutions such as alternative dispute resolution or one-stop-shops. In order to explore the potential drivers of and barriers to innovation, particularly in Eastern Europe, a survey and several structured interviews were carried out in Slovenia as a case study. Th e results reveal that the culture in the region is legalistically driven and thus hinders innovation, even that which has already been introduced in the law. Consequently, a key obstacle to be addressed in future measures is the mind-set in public administration rather than a pure legal change.