The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead

The private persons in any democratic state should have a right to dispute the administrative decisions affecting their rights, freedoms or interests before (among others) competent independent courts. It is the key precondition for the principle of transparent and responsible public administration...

Descripción completa

Guardado en:

Detalles Bibliográficos
Autor principal:	Arlinda Memetaj
Formato:	article
Lenguaje:	EN
Publicado:	Academicus 2018
Materias:	administrative justice; administration; good administration; implementation; european principles for public administration; eu progress reports; ombudsman office; reforms Social Sciences H Economics as a science HB71-74
Acceso en línea:	https://doaj.org/article/07bf9b7c7234497c95eb997e4dec3b79
Etiquetas:	Agregar Etiqueta Sin Etiquetas, Sea el primero en etiquetar este registro!

id	oai:doaj.org-article:07bf9b7c7234497c95eb997e4dec3b79
record_format	dspace
institution	DOAJ
collection	DOAJ
language	EN
topic	administrative justice; administration; good administration; implementation; european principles for public administration; eu progress reports; ombudsman office; reforms Social Sciences H Economics as a science HB71-74
spellingShingle	administrative justice; administration; good administration; implementation; european principles for public administration; eu progress reports; ombudsman office; reforms Social Sciences H Economics as a science HB71-74 Arlinda Memetaj The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead
description	The private persons in any democratic state should have a right to dispute the administrative decisions affecting their rights, freedoms or interests before (among others) competent independent courts. It is the key precondition for the principle of transparent and responsible public administration as an integral part of democratic governance. In addition to the “judiciary control of the administrative decisions”, the private persons` human rights against the public administration may be also protected through the Ombudsman office. The increasing importance of the afore mentioned issues relating public administration and the various types of control of the administrative acts been long time ago reflected in the mandate of almost all of the key international inter-governmental organizations, especially the European ones including the Council of Europe, the European Union and the OSCE. The establishment of both effective public administration and administrative justice system has been for a long period of time among the most “important and urgent” final strategic objectives of almost any country in the Balkans region, including Albania, Macedonia and Kosovo. This process included (among others) establishing European-like Ombudsman offices in these countries. Against the above background the present paper firstly explains why the administration action must be controlled by the public, and it then outlines the European Right of Good Administration, the Ombudsman Office`s mandate. This is then followed by presenting the concept of European Administrative Space in terms of the Role of the OECD-SIGMA in Developing the Standards of Good Administration. Against the preceding sub-sections the paper further presents the basic legislative framework for action of the National Ombudsman Offices in Albania, Macedonia and Kosovo, which is then followed by a short review of the actual state of play of the Principle No.2 of the SIGMA European Principles for Public Administration (as specifically related to the accountability) in the three countries, on the basis of the relevant international monitoring reports, including the most recent EU Commission`s Progress Report on those countries. The paper finally concludes that Albania, Macedonia and Kosovo all have already established the basic legislative framework for establishing their national administrative judiciary system alongside which there is the one related to their own national Ombudsman office as well, while all of them are still more or less far from being fully in line with the principle No.2 of the SIGMA European Principles for Public Administration (as specifically related to the accountability). As to later, the paper particularly stresses that Albania, Macedonia and Kosovo have (more or less) adopted rules on independent status, functioning and powers of their own ombudsman office and other oversight institutions in line with the relevant international standards, but their administrations are still too far of being ready and willing to fully implementing the ombudsman institutions` recommendations. The fully implementation of the above Principle No.2 is therefore one of the most important and serious present challenges for Albania, Macedonia and Kosovo on their individual road towards the EU membership, in terms of building up their individual European administrative capacity.
format	article
author	Arlinda Memetaj
author_facet	Arlinda Memetaj
author_sort	Arlinda Memetaj
title	The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead
title_short	The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead
title_full	The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead
title_fullStr	The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead
title_full_unstemmed	The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead
title_sort	role of national ombudsman’s offices in promoting the concept of good administration in albania, macedonia and kosovo. the way ahead
publisher	Academicus
publishDate	2018
url	https://doaj.org/article/07bf9b7c7234497c95eb997e4dec3b79
work_keys_str_mv	AT arlindamemetaj theroleofnationalombudsmansofficesinpromotingtheconceptofgoodadministrationinalbaniamacedoniaandkosovothewayahead AT arlindamemetaj roleofnationalombudsmansofficesinpromotingtheconceptofgoodadministrationinalbaniamacedoniaandkosovothewayahead
_version_	1718377071083782144
spelling	oai:doaj.org-article:07bf9b7c7234497c95eb997e4dec3b792021-12-02T19:11:59ZThe Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead2079-37152309-108810.7336/academicus.2018.17.07https://doaj.org/article/07bf9b7c7234497c95eb997e4dec3b792018-01-01T00:00:00Z http://www.academicus.edu.al/nr17/Academicus-MMXVIII-17-094-110.pdf https://doaj.org/toc/2079-3715https://doaj.org/toc/2309-1088The private persons in any democratic state should have a right to dispute the administrative decisions affecting their rights, freedoms or interests before (among others) competent independent courts. It is the key precondition for the principle of transparent and responsible public administration as an integral part of democratic governance. In addition to the “judiciary control of the administrative decisions”, the private persons` human rights against the public administration may be also protected through the Ombudsman office. The increasing importance of the afore mentioned issues relating public administration and the various types of control of the administrative acts been long time ago reflected in the mandate of almost all of the key international inter-governmental organizations, especially the European ones including the Council of Europe, the European Union and the OSCE. The establishment of both effective public administration and administrative justice system has been for a long period of time among the most “important and urgent” final strategic objectives of almost any country in the Balkans region, including Albania, Macedonia and Kosovo. This process included (among others) establishing European-like Ombudsman offices in these countries. Against the above background the present paper firstly explains why the administration action must be controlled by the public, and it then outlines the European Right of Good Administration, the Ombudsman Office`s mandate. This is then followed by presenting the concept of European Administrative Space in terms of the Role of the OECD-SIGMA in Developing the Standards of Good Administration. Against the preceding sub-sections the paper further presents the basic legislative framework for action of the National Ombudsman Offices in Albania, Macedonia and Kosovo, which is then followed by a short review of the actual state of play of the Principle No.2 of the SIGMA European Principles for Public Administration (as specifically related to the accountability) in the three countries, on the basis of the relevant international monitoring reports, including the most recent EU Commission`s Progress Report on those countries. The paper finally concludes that Albania, Macedonia and Kosovo all have already established the basic legislative framework for establishing their national administrative judiciary system alongside which there is the one related to their own national Ombudsman office as well, while all of them are still more or less far from being fully in line with the principle No.2 of the SIGMA European Principles for Public Administration (as specifically related to the accountability). As to later, the paper particularly stresses that Albania, Macedonia and Kosovo have (more or less) adopted rules on independent status, functioning and powers of their own ombudsman office and other oversight institutions in line with the relevant international standards, but their administrations are still too far of being ready and willing to fully implementing the ombudsman institutions` recommendations. The fully implementation of the above Principle No.2 is therefore one of the most important and serious present challenges for Albania, Macedonia and Kosovo on their individual road towards the EU membership, in terms of building up their individual European administrative capacity.Arlinda MemetajAcademicusarticleadministrative justice; administration; good administration; implementation; european principles for public administration; eu progress reports; ombudsman office; reformsSocial SciencesHEconomics as a scienceHB71-74ENAcademicus International Scientific Journal, Vol MMXVIII, Iss 17, Pp 94-110 (2018)

The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead

Ejemplares similares