Procedural Transparency in Rural Romania: Linking Implementation with Administrative Capacity?
International Review of Administrative Sciences, 78(1), 2012, 134–157
25 Pages Posted: 29 Aug 2014
Date Written: August 27, 2011
The article discusses the concept of procedural administrative transparency and aims to investigate the extent to which the legal provisions of Law no. 52/2003 on transparency in decision-making are actually implemented by the local administrations from the rural communities in the Transylvania region, Romania. The main research questions are: Where are the weaknesses in the implementation of Law no. 52/2003 in the rural settings in Romania? Why do they occur? What could be changed to alleviate these weaknesses? Based on a mixed method approach – surveys followed by direct observation and informal interviews – we determined that the implementation of procedural transparency requirements is low and in many cases local public authorities comply only 'for the record' with the provisions of the law. The main challenge with regard to implementation is the existence of universal provisions for all local public authorities, irrespective of their administrative capacity, existing cultural and social characteristics of public participation and communication in rural communities as well as the relationship between central and local tiers of the government. In conclusion, the authors argue that the implementation level of these requirements could be enhanced by their inclusion in a general procedural administrative law.
Keywords: administrative capacity, administrative procedure, codification, implementation, Romania, rural administration, transparency
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