Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance
Accountability is one of the fundamental principles of good governance, defined in various international documents. It is a broad term, which can include different levels of public administration performance, from organisation, relevant regulation, internal and external supervision, transparency to...
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| Format: | Article |
| Language: | English |
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University of Ljubljana Press (Založba Univerze v Ljubljani)
2017-11-01
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| Series: | Central European Public Administration Review |
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| Online Access: | https://journals.uni-lj.si/CEPAR/article/view/20478 |
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| author | Tina Sever |
| author_facet | Tina Sever |
| author_sort | Tina Sever |
| collection | DOAJ |
| description | Accountability is one of the fundamental principles of good governance, defined in various international documents. It is a broad term, which can include different levels of public administration performance, from organisation, relevant regulation, internal and external supervision, transparency to tort liability, etc. The paper focuses on procedural aspects, i.e. decision-making in administrative matters. The latter is usually regulated by an administrative procedure act, which can include among fundamental principles also the principle of accountability. However, other procedural guarantees, e.g. lawfulness, equality, impartiality, proportionality, legal certainty, taking action within a reasonable time, contribute to responsible decision-making as well. In case they are infringed, the state should recognise accountability and have in place an efficient control system providing parties with effective (legal) remedies (e.g. possibility to appeal to the line ministry; administrative inspection; judicial control; constitutional complaint, compensation, etc.). Yet, not every non-compliance (irregularity) leads to (tort) liability. Administrative authorities in fact enjoy a high level of independence. The paper provides an international overview of accountability and analyses the liability of the state as deriving from the Slovene domestic law and the levels of accountability when the efficiency of administrative procedures is under question. The methods used include normative analysis and analysis of the relevant case law. |
| format | Article |
| id | doaj-art-147aa35ed1a24221958ba6a231906751 |
| institution | Kabale University |
| issn | 2591-2240 2591-2259 |
| language | English |
| publishDate | 2017-11-01 |
| publisher | University of Ljubljana Press (Založba Univerze v Ljubljani) |
| record_format | Article |
| series | Central European Public Administration Review |
| spelling | doaj-art-147aa35ed1a24221958ba6a2319067512025-01-22T10:51:48ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592017-11-01153-410.17573/ipar.2017.3-4.03Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good GovernanceTina Sever0University of Ljubljana, Faculty of AdministrationAccountability is one of the fundamental principles of good governance, defined in various international documents. It is a broad term, which can include different levels of public administration performance, from organisation, relevant regulation, internal and external supervision, transparency to tort liability, etc. The paper focuses on procedural aspects, i.e. decision-making in administrative matters. The latter is usually regulated by an administrative procedure act, which can include among fundamental principles also the principle of accountability. However, other procedural guarantees, e.g. lawfulness, equality, impartiality, proportionality, legal certainty, taking action within a reasonable time, contribute to responsible decision-making as well. In case they are infringed, the state should recognise accountability and have in place an efficient control system providing parties with effective (legal) remedies (e.g. possibility to appeal to the line ministry; administrative inspection; judicial control; constitutional complaint, compensation, etc.). Yet, not every non-compliance (irregularity) leads to (tort) liability. Administrative authorities in fact enjoy a high level of independence. The paper provides an international overview of accountability and analyses the liability of the state as deriving from the Slovene domestic law and the levels of accountability when the efficiency of administrative procedures is under question. The methods used include normative analysis and analysis of the relevant case law.https://journals.uni-lj.si/CEPAR/article/view/20478accountabilityadministrative procedurecompensationpublic officialSloveniagood administration |
| spellingShingle | Tina Sever Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance Central European Public Administration Review accountability administrative procedure compensation public official Slovenia good administration |
| title | Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance |
| title_full | Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance |
| title_fullStr | Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance |
| title_full_unstemmed | Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance |
| title_short | Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance |
| title_sort | liability and compensation for damages in case of violation of the principles of accountability and good governance |
| topic | accountability administrative procedure compensation public official Slovenia good administration |
| url | https://journals.uni-lj.si/CEPAR/article/view/20478 |
| work_keys_str_mv | AT tinasever liabilityandcompensationfordamagesincaseofviolationoftheprinciplesofaccountabilityandgoodgovernance |