Swiss Public Administration : Making the State Work Successfully.
| Main Author: | |
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| Other Authors: | , , , |
| Format: | eBook |
| Language: | English |
| Published: |
Cham :
Springer International Publishing AG,
2018.
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| Edition: | 1st ed. |
| Series: | Governance and Public Management Series
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| Subjects: | |
| Online Access: | Click to View |
Table of Contents:
- Intro
- Preface
- Contents
- Notes on Contributors
- List of Figures
- List of Tables
- Introduction: Swiss Public Administration-Key Characteristics and Challenges
- Part 1: "Bottom-Up State Organization, Diversity, and New forms of Policy Coordination"
- Part 2: "Strengthening the Legitimacy and Efficiency of Swiss Law"
- Part 3: "An Outcome-Oriented and Open Civil Service"
- Part 4: "A Sound Fiscal Policy Thanks to Strong Fiscal Institutions"
- Part 5: "Public Administration as Policy Broker"
- Problems and Challenges
- Switzerland: A Model Case?
- Part I: General Aspects
- Chapter 1: Society, Government, and the Political System
- 1.1 Introduction
- 1.2 From Confederation to Federal State: Bottom-Up Nation-Building
- 1.3 Structural and Cultural Heterogeneity
- 1.4 The Model of the State and the Extent of State Activity
- 1.5 Political Institutions
- 1.5.1 Federalism
- 1.5.2 Direct Democracy
- 1.5.3 The 'Concordance' System
- References
- Chapter 2: The Organization and Provision of Public Services
- 2.1 Introduction
- 2.2 The Development of State Functions in Historical Perspective
- 2.3 Tasks Undertaken Today by the Three Levels of Government
- 2.4 Fulfilling State Tasks in Light of Revenues and Expenditures
- 2.5 Intergovernmental Relations and Cooperation with the Private Sector
- 2.5.1 Vertical Cooperation
- 2.5.2 Horizontal Cooperation
- 2.5.3 Cooperation with Private Actors and Outsourcing
- 2.5.4 New Cooperation Forms: Multi-level Governance
- References
- Chapter 3: The Characteristics of Public Administration in Switzerland
- 3.1 Introduction
- 3.2 The Delimitation and Scope of Public Administration
- 3.3 Organizational Structure
- 3.4 Characteristics
- 3.5 Reforms and Modernization
- 3.6 Swiss Public Administration in Its International Context
- References.
- Part II: The Legal System: Law and Courts
- Chapter 4: The Law and the Principle of Legality
- 4.1 Introduction
- 4.2 The Law
- 4.2.1 The Distinction Between Formal Law and Material Law
- 4.2.2 The Legal Rule as a Criterion for Distinguishing the Legislation
- 4.2.3 Strengthening the Procedural Dimension of the Law
- 4.2.3.1 The Culture of Lawmaking
- 4.2.3.2 Instruments of Direct Democracy
- 4.3 The Principle of Legality
- 4.3.1 The 'Primacy of the Law' and Its Corollary, the Hierarchy of Norms
- 4.3.2 The Requirement of a Legal Basis
- 4.4 Conclusion
- References
- Chapter 5: The Pre-parliamentary Phase in Lawmaking: The Power Issues at Stake
- 5.1 Introduction
- 5.2 The Stages of the Pre-parliamentary Process
- 5.2.1 Designing the Legislative Project
- 5.2.2 Preparing the Preliminary Draft and the Explanatory Report
- 5.2.3 Consulting About the Preliminary Draft and Finalizing the Bill
- 5.3 Reference Documents and Their Accessibility
- 5.4 The Objectives of the Pre-parliamentary Process
- 5.4.1 To Contribute to the Quality of the Law
- 5.4.2 To Successively Build a Consensus
- 5.4.3 Critics
- 5.5 Decrypting the Power Issues
- References
- Chapter 6: The Federal Administration as an Actor in the Domestic Integration of International Law
- 6.1 Introduction
- 6.2 International Law and Direct Democracy as Constitutive Elements of the Swiss Political System
- 6.2.1 The Development of International Law
- 6.2.2 The Development of Direct Democracy
- 6.3 The Role of the Federal Administration in the Accession to International Treaties
- 6.3.1 Signature
- 6.3.2 Ratification
- 6.4 The Role of the Federal Administration in the Application of Public International Law
- 6.4.1 The Direct Applicability of International Law and Its Position Within the Domestic Hierarchy of Legal Norms.
- 6.4.2 Constitutional Amendments and International Law
- 6.5 Conclusion
- References
- Chapter 7: Soft Law Instruments in Public Law
- 7.1 Introduction
- 7.2 A Legal Typology of Non-obligatory State Instruments
- 7.2.1 Unilateral Non-obligatory Acts
- 7.2.1.1 Recommendations
- 7.2.1.2 Special Cases
- 7.2.2 Concerted Non-obligatory Acts
- 7.2.2.1 Preparing a Legal Act
- 7.2.2.2 Implementing a Legal Act
- 7.2.2.3 Preventing a Legal Act
- 7.2.3 Material Acts
- 7.3 Legal Effects of Non-obligatory State Acts
- 7.4 The Implementation of Non-obligatory State Acts
- 7.4.1 The Effectiveness of Soft Law
- 7.4.2 Techniques for Reinforcing Effectiveness
- 7.5 Conclusion: Legitimizing Soft Law, Beyond Efficiency
- References
- Chapter 8: Judicial Federalism and Constitutional Review in the Swiss Judiciary
- 8.1 Introduction
- 8.2 Judicial Organization in General: A Pronounced Judicial Federalism
- 8.2.1 Judicial Federalism and 'Reforming the Judiciary'
- 8.2.2 The Federal Supreme Court
- 8.2.2.1 The Dual Role of the Federal Supreme Court
- 8.2.2.2 The Composition of the Federal Supreme Court and the Appointment of Judges
- 8.2.2.3 The Structure of the Federal Supreme Court
- 8.2.3 The Other Federal Courts
- 8.2.3.1 The Federal Criminal Court
- 8.2.3.2 The Federal Administrative Court
- 8.2.3.3 The Federal Patent Court
- 8.2.4 Judicial Organization in the Cantons
- 8.3 Constitutional Jurisdiction: An Extensive Review with a Notable Exception
- 8.3.1 Legal Instruments Subject to Constitutional Review
- 8.3.1.1 Federal Regulations
- 8.3.1.2 Cantonal Law
- 8.3.1.3 Decisions Taken by Federal or Cantonal Authorities
- 8.3.2 A Breach of the Rule of Law: The Case of Federal Laws (and of International Law)
- 8.3.2.1 Reasons and Questions on the Breach
- 8.3.2.2 The Scope of the Notion of 'Immunized' Legal Norms.
- 8.3.2.3 The Mitigated Effects of the 'Immunity Clause' and the Relationship Between National and International Law
- References
- Part III: The Management of Tasks and Services
- Chapter 9: The New Model of Swiss Public Management
- 9.1 Introduction
- 9.2 The GMEB Model and NPM-Inspired Approaches
- 9.3 The New NMG Model
- 9.4 The Case of Swisstopo
- 9.5 Conclusion
- References
- Chapter 10: The Road to Digital and Smart Government in Switzerland
- 10.1 The Beginnings of E-government in Switzerland
- 10.2 The Transition Years: From E-government to Digital Government
- 10.3 The Vision for a New Digital Switzerland
- 10.4 The Path Yet to Go to Create a Smart Government…
- 10.5 Conclusion
- References
- Chapter 11: Public-Private Partnerships: A Swiss Perspective
- 11.1 Introduction
- 11.2 What Is a Public-Private Partnership?
- 11.2.1 Public-Private Partnerships Within the Myriad Ways of Providing Public Services
- 11.2.2 PPPs in the World and the Swiss Position
- 11.3 When Should Governments Resort to PPPs?
- 11.3.1 Make or Buy for Public Services: The General Framework
- 11.3.2 Relative Optimality of PPPs
- 11.4 Why Is Switzerland Different?
- 11.4.1 Bad Reasons for Using PPPs
- 11.4.2 Bad Reasons for NOT Using PPPs
- 11.5 Conclusion
- References
- Chapter 12: In-Depth Modernization of HRM in the Public Sector: The Swiss Way
- 12.1 Introduction
- 12.2 The Progressive Maturation of Human Resource Management in Swiss Public Administration
- 12.3 Public Sector HRM in Switzerland: The Essential Axes of Modernization
- 12.3.1 Hybrid Public Statutes
- 12.3.2 The Introduction of HR Policies and Strategies
- 12.3.3 The Development of a Decentralized Network of HR Professionals
- 12.3.4 The Professionalization of Recruitment
- 12.3.5 Performance Management Is Universalizing.
- 12.3.6 Well-Established Performance-Related Pay
- 12.3.7 The Development of Career Paths
- 12.3.8 The Facilitated Termination of Employment
- 12.4 Other Factors Accounting for the Success of the Swiss HRM Model
- 12.5 In Conclusion
- References
- Chapter 13: Communication and Transparency
- 13.1 Introduction
- 13.2 The Functions of Public Communication in Our Society
- 13.2.1 Core Functions
- 13.2.1.1 Public Information
- 13.2.1.2 Explanations and Complementary Information on Decisions
- 13.2.1.3 Promotion of Values and Responsible Conduct
- 13.2.1.4 Dialogue Between Institutions and Citizens
- 13.2.2 Complementary Functions
- 13.2.2.1 Service Delivery
- 13.2.2.2 Responsiveness
- 13.2.2.3 Organisational Legitimacy and Public Actions
- 13.2.2.4 Maintenance of Social Cohesion
- 13.3 The Principles of Active Communication
- 13.3.1 Legal Bases
- 13.3.2 Identification of the Source
- 13.3.3 Maintaining Arm's Length from Electoral Issues or Referenda
- 13.3.4 Continuity
- 13.3.5 Transparency of Funding
- 13.3.6 No Favourable Treatment for Recipients
- 13.3.7 Objective and Comprehensive Content Tailored to the Target Audience
- 13.3.8 Consistent and Coordinated Communication Between Administrative Departments and Levels of Government
- 13.3.9 Communication Proportionate to Objectives and Target Audiences
- 13.3.10 Communication Focused on Dialogue
- 13.4 Passive Communication (Transparency)
- 13.5 Conclusion
- References
- Part IV: Fiscal and Financial Management
- Chapter 14: Financial Management System, Legislation and Stakeholders
- 14.1 Introduction
- 14.2 Legal Foundations
- 14.3 Financial Process and Main Actors
- 14.3.1 Mission Statement and Financial Plan
- 14.3.2 Planning of Major Projects and Contingent Appropriation Requests
- 14.3.3 Decision over Contingent Appropriation Requests.
- 14.3.4 Budget Preparation.