RESEARCH

Administrative Law

Governance of Public Services

projetos
Responsible Researchers:
Domingos Soares Farinho
LPL Researchers:
João Tiago Silveira
External Researchers:
Dinamene de Freitas, Tiago Antunes
Financing:
UIDB/04310/2020
Project Status:
Closed
projetos

Summary

The scientific relevance of this project can best be highlighted by presenting it through the contributions it can offer to the two core areas of Administrative Law. On the one hand, the aim is to deepen the investigation and knowledge of the law of administrative organisation, enriching in a capillary way the relationship between the prediction, adoption and functioning of certain government models and the normative treatment, in particular, regarding their legal treatment. formal (types of legislative and administrative acts) and material (meaning of normative provisions, coherence and systematic integrity) On the other hand, the aim is to improve the dogmatic relationship between the law of administrative organisation – based on the norms that provide for government models of public services – and the law of administrative activity, seeking to find elements of normative articulation. The project aims to fill a gap in the legal analysis of public service governance models. The aim, from the legal-political framework of pursuing the public interest, is to study how Public Administration is structured and how Administrative Law can contribute to improving the effectiveness and democratic legitimacy (representative and participatory) of services public. To do this, it will be necessary to determine how the public interest objectives that are intended to be pursued with certain public policies and services are linked to the government models that are envisaged to ensure this pursuit. These results will make it possible to determine the existence of relationships between certain types of public interests, public services and government models and evaluate them. Finally, this project aims to allow a critical analysis of existing government models in relation to the performance objectives for which they were created or which they serve. The purpose is to determine whether the government model is adequate, how it can be improved and/or what model it can be replaced by, meeting the intended objectives.

Objectives

To do this, it will be necessary to investigate the ways in which the responsibilities of the various public services are determined and systematized, as well as the consequent division of competences, with particular interest in the following areas: a) Forecasting government models by parliamentary or governmental legislation: characteristics and problems; b) Type of control structure for government models: Council of Ministers, Ministries, Inter-Ministerial Structures; c) Types of Public Administration resulting from the expected government models: direct, indirect and autonomous Public Administration, Public Administration in private form, corporate or non-corporate Public Administration, Public Administration of provision, planning, contracted, etc.; d) Elements of innovation determining the greater effectiveness of a given government model: type of control structure, type of relationship with the control structure (hierarchical, superintendence, tutelage, contracting-out, institutional partnerships), use of technologies, etc. Within the scope of this project, it is also important to study, based on the diagnosis mentioned above, the way in which the detected government models integrate and respond to a set of elements considered imperative to ensure the good governance of institutions, regardless of the type of institution and the specific purposes. Here, the strong lines contained in specialized literature stand out, in the context of the governance of institutions, particularly public ones: a) Ways of organic consecration of the tripartite – supervision, strategy and execution – especially taking into account the specific issue of public governance public policies vs institutional strategy (policy vs strategy); b) Types of inspection: internal and external; c) Levels of supervisory independence; d) Transparency and methods of preventing and resolving conflicts of interest; e) Ways of participation of interested parties – citizens, associations, foundations, movements, etc.

Relevance

Lisbon Public Law Research Centre

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