340 Recht
Refine
Year of publication
Document Type
- Article (79)
- Working Paper (29)
- Part of a Book (23)
- Postprint (15)
- Monograph/Edited Volume (9)
- Doctoral Thesis (8)
- Other (4)
- Conference Proceeding (1)
- Journal/Publication series (1)
Language
- English (169) (remove)
Keywords
- Paris Agreement (4)
- COVID-19 (3)
- accountability (3)
- alcohol (3)
- digitalisation (3)
- federalism (3)
- governance (3)
- innovation (3)
- intergovernmental relations (3)
- international law (3)
Institute
- Öffentliches Recht (45)
- Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?" (28)
- Bürgerliches Recht (26)
- Fachgruppe Politik- & Verwaltungswissenschaft (22)
- MenschenRechtsZentrum (15)
- Sozialwissenschaften (11)
- Fachgruppe Betriebswirtschaftslehre (7)
- Humanwissenschaftliche Fakultät (7)
- Wirtschafts- und Sozialwissenschaftliche Fakultät (4)
- Wirtschaftswissenschaften (3)
Don’t settle for less
(2021)
The public health insurance in Germany will face huge economic challenges in the upcoming years. New diagnostic and therapeutic methods as well as the demographic change contribute to constantly rising expenditure. Although incentives for health-promoting behaviour or financial sanctions for an unhealthy lifestyle have been already discussed in the past, there has been a general reluctance to legally establish corresponding mechanisms for fear of eroding solidarity and increasing state control. In the course of the Coronavirus pandemic however, a stronger awareness rose to the fact that personal health-related life choices can have a huge impact on the stability of the healthcare system including public health insurance. Not only in Germany but throughout much of Europe, the pandemic led to a new and more fundamental debate about the relationship between individual responsibility for personal health and the wider responsibility for public health assumed by the community of solidarity.
This study examines the institutionalization of information technologies for policy formulation by investigating the case of eNAP. The digital tool was introduced in the spring of 2018 with the aim of supporting and improving sustainability impact assessments (SIAs) within the German Federal Government. Applying a neo-institutional perspective, this study shows how a tool like eNAP is embedded into prevailing regulative, normative, and cultural–cognitive structures. Findings from 10 semi-structured interviews indicate that the application of eNAP varies according to intra-ministerial coordination practices and portfolio-specific information-processing schemata. Overall, the tool serves to translate the abstract regulation to conduct an SIA, as well as to translate the vague norm of “sustainability” into a concrete assessment requirement, thereby helping increase policy officials’ awareness of sustainability goals. However, consistent with previous studies, great importance is not attached to SIAs in policy formulation, and prevailing norms and routines make the implementation of eNAP to increase the use of evidence or in-depth considerations of policy alternatives and their consequences unlikely.
The growing use of digital tools in policy implementation has altered the work of street-level bureaucrats who are granted substantial discretionary power in decision-making. Digital tools can constrain discretionary power, like the curtailment thesis proposed, or serve as action resources, like the enablement thesis suggested. This article assesses empirical evidence of the impact of digital tools on street-level work and decision-making in service-oriented and regulation-oriented organisations based on a systematic literature review and thematic qualitative content analysis of 36 empirical studies published until 2021. The findings demonstrate different effects with regard to the role of digital tools and the core tasks of the public administration, depending on political and managerial goals and consequent system design. Leading or decisive digital tools mostly curtail discretion, especially in service-oriented organisations. In contrast, an enhanced information base or recommendations for actions enable decision-making, in particular in regulation-oriented organisations. By showing how street-level bureaucrats actively try to resist the curtailing effects caused by rigid design to address individual circumstances, for instance by establishing ways of coping like rule bending or rule breaking, using personal resources or prioritising among clients, this study demonstrates the importance of the continuation thesis and the persistently crucial role of human judgement in policy implementation.
In which negotiation contexts are transitional justice provisions included in peace agreements? Today, many peace agreements include transitional justice provisions, but their inclusion differs based on conflict and negotiation characteristics. While context thus seems to be relevant for the choice of transitional justice provisions agreed on by the warring parties, very little is known about the context clusters that enable transitional justice. Using data on 58 full peace agreements signed between 1989 and 2018, a crisp-set Qualitative Comparative Analysis (QCA) investigates the combinations of conflict intensity, rebel group strength, type of conflict, third-party support and civil society participation that led to the inclusion of transitional justice provisions. The result of this exploratory study suggests four context settings that are identified as being empirically relevant for the inclusion of transitional justice provisions. Choices of justice are thus the result of an overall negotiation environment characterized by multiple interrelated context factors.
Confronted with a new wave of criticism on the in effectiveness of its development programs, the World Bank embarked on a revitalization process, turning to private investors to finance International Development Association projects and widening its mandate. To explain these adaptation strategies of the World Bank to regain relevance, this piece draws on organizational ecology and orchestration scholarship. We contend that international organizations rely on two adaptation mechanisms, orchestration and scope expansion, when they lose their role as focal actors in an issue area. We find that the World Bank has indeed lost market share and has relied on these two mechanisms to revitalize itself. We show that the World Bank responded to changes in the environment by orchestrating a private sector-oriented capital increase, prioritizing private funding for development through a “cascade approach,” and expanding the scope of its mandate into adjacent domains of transnational governance, including climate change and global health.
This article examines public service resilience during the COVID-19 pandemic and studies the switch to telework due to social distancing measures. We argue that the pandemic and related policies led to increasing demands on public organisations and their employees. Following the job demands-resources model, we argue that resilience only can arise in the presence of resources for buffering these demands. Survey data were collected from 1,189 German public employees, 380 participants were included for analysis. The results suggest that the public service was resilient against the crisis and that the shift to telework was not as demanding as expected.
Jurisdiction
(2022)