Managing Ethics in the European Commission Services

Abstract

This article adds to research on the regulation of standards of conduct in public administration. Specifically, it analyses attempts made during Siim Kallas’ mandate (2004–2009), to change the European Commission's approach to managing ethics, from a focus on control (inherited from the Kinnock reforms) to a ‘modern’ style based on guidance and shared values. Findings suggest that administrative practice fell short of delivering the change suggested by official discourse. The case of the Commission illustrates the practical challenges of operating shifts in organizational ethics management, and draws attention to the influence of the historical and political context of the reforms. The article uses a qualitative methodology, combining document analysis and in-depth interviews with ethics experts in the European Commission.     

Social Order in a Fragile State: Rio's Favelas

A peculiar social order exists in the favelas of Rio de Janeiro, where the drug factions that control them permit humanitarian activity which curbs drug use and faction affiliation. This article provides an institutional perspective on faction control of the favelas where a lack of government presence fosters faction legitimacy among residents. Allowing humanitarian organisations to operate in the favelas creates common knowledge among residents within a large coordination game where factions signal a desire to cooperate. Legitimisation among residents improves faction profits, while residents benefit from ‘law and order’, public services and public goods that are not provided by the state.     

Equality and diversity in the public services: moving forward on lesbian,gay and bisexual equality?

A key change for lesbian, gay and bisexual (LGB) people in the European Union has been the prohibition by the Employment Equality Directive (2000) of discrimination in employment on grounds of sexual orientation. This article focuses on the UK, which in 2003 introduced legislation making it unlawful to discriminate on these grounds. It explores the factors encouraging ‘good practice’ in sexual orientation equality work. It considers progress within the public services that have ‘pioneered’ sexual orientation equalities work, drawing on the views of LGB employees, management and trade union stakeholders. The recent legislation is considered to have provided a major impetus for change; however, an emerging ‘business case’ within the public service modernisation agenda is considered to have provided both opportunities and barriers to progress. A challenge for HR practitioners is getting organisational commitment to sexual orientation work, which is still perceived within organisations as a ‘sensitive’ area.     

CONTRADICTORY COUPLINGS: PROFESSIONAL IDEOLOGY IN THE ORGANIZATIONAL LOCALES OF NURSE TRAINING

Nursing is a contemporary occupation which has developed an explicit ‘professional project’. In the UK this has centred around an occupational ideology which stresses managerialism and credentialism. This occupational ideology comes into contradiction with older conceptions of professionalism which are couched in vocational terms. The vocational meaning is shown to be situated and reproduced in organizational locales which serve to undercut the managerialist and credentialist meanings. The focus of these cross-cutting meanings is the interpretation of a ‘good nurse’. Using a ‘negotiated order’ perspective, focusing on ‘contradictions’, case study material suggests that there are important gaps between formal representations of the professionalism project and the actual, situated practice of ‘nursing’. For trainee nurses these gaps are particularly apparent. In day-to-day organizational life they have to negotiate contradictory conceptions encountered in the diverse locales of ward work and nurse training. In addition, the different meanings may be encountered even in the same locales.     

Does it matter that the prosecutor is also the judge? The administrative complaint process at the Federal Trade Commission

Firms seeking to merge face antitrust scrutiny from either the Department of Justice (DOJ) or the Federal Trade Commission (FTC). Unlike the DOJ, the FTC litigates its cases in front of its own administrative law judges (ALJs), and then hears the appeal itself, rather than using federal district courts. This study focuses on the formal decisions made by the FTC after an ALJ has conducted a full trial for a particular case. We find that while the ‘merits’ of a matter, as implied by the case law, affect the FTC's decision, institutional factors also have an impact. In particular, the firm's chances of prevailing in litigation are influenced by the number of commissioners who both vote to prosecute and then vote as a judge as well as the political affiliations of the commissioners. © 1998 John Wiley & Sons, Ltd.     

Business and the genesis of the European Community carbon tax proposal

The purpose of this paper is to examine the role of business in the regulatory process associated with the carbon tax proposal. The first part of the paper describes the Community's climate change policy, noting first the essential features of Community environment policy-making, the role of consultation with industry and the significance of the ‘subsidiarity’ principle. This part of the paper moves on to examine the carbon tax proposal and its evolution since 1990. The second part of the paper addresses the specific role which business played in influencing the development of the carbon tax proposal. The general strategy of business was to block the proposal entirely. The paper identifies the potential impacts of the tax on business, implications for corporate strategies and the specific channels through which business influenced the tax proposal, by participating in public debates, through representations to different directorates of the European Commission or by making a case to national authorities. The final part of the paper attempts to draw some lessons about: the business position in relation to large scale environmental problems such as climate change; business responses to economic instruments such as the carbon/energy tax; and the wider relationship between public authorities and business in regulatory processes. The question of whether this relationship has entered a new phase or whether there is still ‘business as usual’ is addressed.     

居民可持续消费行为及意向实证研究——以长沙市为例

通过问卷调查对长沙市居民的可持续消费行为及意向进行了研究,分析了人口统计变量对居民的可持续消费行为及意向产生的影响,指出政策制定者应推出相关公共政策,加强与特定群体居民的沟通,引导其可持续消费行为及意向,从而以较低的政策成本获得较高的政策收益。     

Monopoly and the problem of the economists

By any measure economists have played increasingly prominent roles in antitrust policy making, at least since the early 1970s. Indeed, the approach to the analysis of public policy toward business pioneered by Chicago school economists dominates the academic literature nowadays. According to the Chicago school's adherents, their insistence that antitrust be examined through the lens of price theory should have produced discernably ‘better’ (read pro-consumer) laws and ‘better’ law enforcement. This paper contends that economists have in fact not had a positive influence on antitrust policy, but have instead actively contributed to its use as a way of subverting competitive market forces.     

Conventional arbitration in the professional footballers’ labour market: an assessment of the FLAC experience

This article describes the operations of the Football League Appeals Committee in determining ‘compensation’ fees for disputed transfers of ‘end of contract’ football players, and examines its settlements with respect to ‘case facts’ and ‘final offers’. The FLAC system has been generally viewed as fair in principle and its retention, in a post-Bosman regime, should ensure the continuation of an interesting context in which to examine arbitration behaviour.     

Action,knowledge and business–environment research: a case for grounded constitutive process theories and a sense of audience

Reflection upon the business–environment literature reveals a difficult transition from early concerns with raising awareness, to current interest in meeting the shortfall in knowledge that many recognize as a barrier to improving environmental performance. From its standpoint of ‘research as reflective conversation’, this paper suggests how research contributions can be framed to provide knowledge with which to address this shortfall. In particular, a case is presented for ‘constitutive process theories’: rich but concise stories of situated action from which others can draw lessons. The paper demonstrates how constitutive process theories can illuminate key aspects of the context, content and process of environmental initiatives. Criteria are identified for assuring rigour and relevance for theories developed in this genre. For instance, individuals involved in a particular initiative must recognize their story in its summary. Also, the theory should include meaningful cues for a wider practitioner audience. These points are illustrated in a constitutive process theory of how a multi‐agency network formed in response to concerns about air quality, transport and public health. Reflecting on lessons learned, the paper argues that the ability to be guided, but not limited, by an acute ‘sense of audience’ is a critical skill for researchers seeking to provide knowledge for action. Copyright © 2000 John Wiley & Sons, Ltd and ERP Environment     

灯,等灯:CSR3.0来了

从简单捐赠到社会创新,英特尔公司试图引领CSR的发展潮流颁奖大会的条幅被堂而皇之地改头换面成"搬桨大会",引号都没打一个。为解释这一古怪的概念,一个看上去更古怪的男孩扮演荒岛鲁滨逊,一人分饰四角、诠释"先锋倡导浆"、"协同合作桨"和"科技应用桨"究竟是怎样划动了"社会创新"这艘大船。如果你在5月6日的上海1933老场坊见到上述这一幕,心目中英特尔的企业形象,还会是那无处不在的"灯,等灯等     

Urban Vigilantism: A Study of Anti‐Terror Law,Politics and Policing in Istanbul

Focusing on the case of young socialist vigilantes who were arrested and imprisoned as ‘terrorists’ in 2007, this article illustrates how vigilantism in working‐class neighbourhoods of Istanbul with a high Alevi population evolved from an unarmed, public and participatory form of vigilantism to an armed one, and discusses the role of the anti‐terror law in this transformation. The article illustrates the ways in which the anti‐terror law, by narrowing the space for civil politics, paved the way for youth engagement in violent forms of extra‐legal security practice in spaces occupied by the historically stigmatized working‐class Alevi population. The article also argues that, over the last decade, Turkey’s ruling elites have used the anti‐terror law to wage a war against the oppositional politics conducted by the country’s historically stigmatized populations (such as Kurds and Alevis). Not only has this war put politically active and respected local figures from these communities behind bars, it also ‘polices’ (à la Rancière) these communities. Accordingly, the article illustrates how the law that considers attempts at self‐governance as a threat to state sovereignty effectively intervenes in local politics and space, leading to the reconfiguration of political space at the local level.     

‘Ruins of Modernity’: The Critical Implications of Unfinished Public Works in Italy

Since the 1950s, the construction of public works has been a significant element of Italy's focus on modernization. Numerous instances of malpractice have resulted in frequent failures of this form of development, with the result that many projects have remained unfinished for decades. In 2007, a group of artists called Alterazioni Video declared these ‘ruins of modernity’ to be a romanticized architectural style; in doing so, their aim is to imbue the sites with new value and dignity. This article uses the artists’ argument as a point of departure to theorize about unfinished public works within the framework of interdisciplinary literatures on modern ruins. In addition, since modern ruins by definition hold a critical meaning––which the artists deliberately excluded from their narrative––the article takes into account the obscure political and economic circumstances causing this phenomenon. After remarking upon specificities and similarities to unfinished neoliberal topographies generated by the 2008 financial crisis, it is concluded that unfinished public works in Italy represent an interesting case serving to enrich debates on incompletion.     

Successful campaigning: Winning friends and influencing people

This paper discusses the move of charities into campaigning as a means of meeting their objectives. It outlines ways, within Charity Commission guidelines, to seek to secure legislative change. Several case histories demonstrate the approach outlined and the potential for success.     

STATED PREFERENCES FOR PUBLIC SERVICES: A CLASSIFICATION AND SURVEY OF APPROACHES

The wider range of stated preference approaches to value public goods has not been systematically reviewed in recent years. The objective of this paper is to provide an overview of this literature and to evaluate the strengths and limitations of alternative approaches. Since the public referendum has served as a ‘blueprint’ for survey design, two key dimensions by which many surveys differ from the public referendum are used for a simple classification of approaches. This yields eleven approaches, including different variants of micro-based demand surveys, referendum surveys, budget allocation surveys and contingent valuation surveys. Their evaluation in terms of the preference information they produce and the assumptions they require suggests there is no single preferred approach. Instead, each approach has its characteristic profile of strengths and limitations which follow from how it strikes the balance between the conflicting goals of measuring entire willingness-to-pay distributions and presenting manageable, credible and incentive compatible questions. Ultimately, judgments about the suitability of alternative approaches for specific objectives should rely on empirical evidence. Progress in the field could greatly benefit from a routine implementation of powerful experimental validity tests in applied work.     

Mandate Versus Championship: Vertical government intervention and diffusion of innovation in public services in authoritarian China

This research focuses on innovation and its diffusion in public services in authoritarian China. A mechanism between vertical government intervention and diffusion of innovation in public services is established by conducting a comparative case study between Sichuan and Tianjin. Administrative commands facilitate the formation of the ‘mandatory policy diffusion’ that rapidly diffuses policy instruments. Competition in the performance evaluation-based personnel system contributes to the formation of ‘championship policy diffusion’, which leads to the divergence of policy instruments in neighbouring local governments. Therefore, classic theoretical hypotheses on geographical proximity, competition, and vertical intervention concerning innovation diffusion need to be modified.     

Charity shops in sectoral contexts: the view from the boardroom

Charity shops seem inherently contradictory in many ways. This paper unravels some of the contradictions by analysing charity shops in their ‘sectoral contexts’. First it puts forward different meanings of ‘sector’ and introduces notions of ‘sector values’. Then it presents results from empirical research into UK charity shop organisations, to show how senior managers of charity shop chains deal with ‘sectoral contradictions’. Finally, it asks how the sectoral contexts influence the management philosophies and marketing strategies (in the broadest sense) of these senior managers. Copyright © 2000 Henry Stewart Publications     

Shaping the bargaining agenda. The Audit Commission and public service reform in British local government

This article examines the role of the Audit Commission (AC) in local government collective bargaining. While the AC has no official role in such bargaining, it has a role in monitoring the performance of local government services. In this role the AC has a clear potential, in the context of the government's ‘modernization’ agenda – as manifested in its ‘Best Value’ regime, for influencing both the content of collective agreements, and the process of collective bargaining, where these are seen to conflict with other Best Value objectives – particularly in relation to external competition. The research conducted involved a content analysis of AC inspection reports on human resource services and longitudinal case studies of two local authority union branches' experiences of Best Value and the role of the AC. The findings from the inspection reports indicate that, while the AC is actually acting to promote activities that could be seen as supportive of union bargaining agendas, notably in relation to equality type issues, they are also supporting service externalisation and thereby acting to limit the scope of their impact. The reports also indicate that, despite there being prescribed ‘best practice’ for local government employment relations (‘social partnership’ with unions), the AC is not promoting any such engagement with unions. Evidence from the case studies add weight to these observations: the AC, in one case, was deeply suspicious of an attempted union management agreement on procurement, while in the other, the AC made no criticism of the costly effects that externalization had on union-management relations.     

Reforming the reform: changing roles for accounting and management in the Italian health care sector

This paper examines the ways in which accounting has intervened in the process of reforming the original ‘reform’ of the Italian health care system. By stepping into an ongoing process accounting has been asked not only to foster efficiency, effectiveness and value for money, but to correct as well the ‘degeneration’ of the original reform, which subjected health care delivery to ‘democratic’ scrutiny and political control. The call for a greater accountability in the use of public resources has been thus interpreted as both a mechanism of surveillance and control and a way to resist the ‘over-politicization’ of health sector management together with the abuses, scandals and fraudulent behaviour it induced. In seeking to interpret the specificity of the Italian experience, the paper suggests that the range of ‘the contexts in which accounting operates’ should be broadened in order to gain a deeper understanding of its roles in those institutions, such as health care systems, which play a crucial role in modern societies. In order to move in this direction systematic and empirically grounded cross-national comparisons are called for, since, although accounting and management are involved in virtually all attempts to redesign health care services, consequences are likely to be different when conditions of possibility differ at the outset.     

Handbook on development policy and management

ABSTRACT

Although the public service logic (PSL) has been an important equipoise to the predominant goods-manufacturing logic, there is potential to broaden its scope. An explicit integration of social context may contribute to an enhanced conceptual understanding of the PSL, at the same time addressing a major challenge in healthcare: disparities among population groups. A ‘representative co-production’ approach is suggested. In such an approach, group representatives’ knowledge and skills are used in evaluating, designing, and delivering services with the purpose of supporting other group members’ value co-creation. A case is provided, demonstrating representative co-production in access to preventive health services.