Administrative Cooperation Research Articles

Higher Education Mergers in China: Lessons for Tanzanian Higher Education Institutions

Today, China stands out as a good example in terms of higher education institutional mergers, given its accumulated experience and great number of cases of university mergers compared to other countries around the world. This Paper aims to examine mergers in Chinese higher education institutions (CHEIs) by reviewing and analyzing an extensive body of literature on these CHEI mergers and drawing lessons for Tanzanian higher education institutions (THEIs). The study also aims to closely examine some critical aspects of CHEI mergers such as merger policies and restructuring strategies. From the analysis, the study uncovers five CHEI merger solutions, including: Joint Construction, Institutional Amalgamation, Cooperative Administration of Institutions, Transfer of Jurisdiction and Participation of Other Social Sectors in Institutional Operation, from which THEIs can draw inspiration as they lead to academic programs benefits, improved student enrollment, personnel benefits, educational quality enhancement, and financial resource benefits. It is hoped that this study will contribute to narrowing the research gap in university merger studies. It also has a potential to better assist higher education institutions, decision-makers, policy-makers and other higher education stakeholders in planning and implementing higher education merger policies. Keywords: Higher education mergers, Institutional Mergers, CHEIs, THEIs, Merger policies DOI: 10.7176/RHSS/11-2-09 Publication date: January 31 st 2021

Wyzwania i przeszkody w realizacji współpracy w transgranicznej administracji służby zdrowia

The catalog of entities cooperating with each other in the implementation of tasks in the field of health care is diverse. It includes entities belonging to both public authorities and private entities. The conditions and scope of providing medical services are the result of cooperation between the administration and the health service. On 24 April 2011, Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare entered into force. The prospect of an effective cooperative administration has therefore become not only national, but also Community-European, and even global. The aim of this article is to discuss the obstacles, current legal status and to formulate conclusions regarding de lege ferenda legislative solutions in the effective implementation of tasks facing the administration cooperating in the field of health care.

Foreign experience of leadership development for Ukraine (on the example of Germany and Poland)

At the current stage of Ukrainian state integration into European community, country leaders face new challenges that require improving efficiency of public management and public administration based on democracy and human-centeredness. Urgency of public leadership development in Ukraine is closely related to the foreign countries’ experience study on the mechanisms of formation and development of public leadership, characterized by a high level of moral values, responsibility, communication, modesty. The new management paradigm, being introduced in public administration and public management in Ukraine, also requires introduction of new qualities in public leadership, manifested through establishment of moral values in the leader's personality, leader’s behavior in public service reform. According to the author, such qualities of leadership as delegation of powers in public authorities, intersectoral cooperation in public administration determine development of leadership in the context of educational trends in foreign countries. The article reveals priority models of public leadership of Western European countries as a prerequisite for formation of successful personality, successful leadership qualities, the trend of which is such an important factor as publicity, because before the 90s of the twentieth century not all government officials in European countries were public.The author of the article proposes to consider the features of the development of public leadership in Germany and Poland. Leadership qualities such as the ability to educate themselves, delegation of authority, transparent (transparency, openness and activation) and transformational cooperation. They determine a new style of leadership development in Western European countries, which will be useful for implementation in Ukraine. Therefore, the relevance of the article is beyond doubt.

Развитие базы данных «Лесная растительность Северной Евразии» в Центре по проблемам экологии и продуктивности лесов РАН

Published information about databases of digitized geobotanical relevés promotes cooperation between researchers who analyze vegetation biodiversity, exchange of used data and, therefore, the representativeness of research. The article provides an overview of the history, how the database of forest relevés was created, and considers the tasks in the solution of which it was used. The current stage of work is characterized: the improvement of the database structure, features of the stored information, replenishment of the database, the issues of administration and organization of cooperation. Based on the analysis of modern trends in vegetation science and taking into account the peculiarities of the information stored in the database, actual scientific problems are formulated, in the work on which the use of the base is promising, and technical tasks that need to be solved.

Regulatory aspects of GMP in accordance with pharmaceutical inspection co-operation scheme

The PIC/S strives to harmonize inspection procedures all over the world by establishing specific GMP guidelines and supplying inspectors with training opportunities. This is additionally proposed to advance co-operation and systems administration between capable specialists, local and foreign associations, in this manner becoming common confidence. At present, harmonization efforts need to be improved in setting regulatory standards, monitoring and assessing GMP compliance, licensing production sites, retrieving faulty lots, and increasing the sharing of information due to expanded regulatory authorities for globalization. PIC/S provides an appealing and sustainable platform to give a response to globalization’s challenges. PIC/S actively facilitates networking by organizing a PIC/S GMP Forum," which enables non-member, technical and other organizations to meet informally with the PIC/S committee. Co-Operation Scheme for the Pharmaceutical Inspection is available to any systems administration having a practically identical GMP investigation framework. Co-Operation Scheme for the Pharmaceutical Inspection has built an integrated manual on GMP necessities for inspectorates and also for the industries. The primary harmonization device has been the Co-Operation Scheme for the Pharmaceutical Inspection GMP Guide. The last was initially gotten from the WHO Guide to GMP and further created so as to consent to exacting assembling and wellbeing pre-requisites in the Co-Operation Scheme for the Pharmaceutical Inspection nations, to cover new zones (for example, biological and radio-pharmaceuticals) and to adjust to logical and mechanical innovation.

System of Principles for Leadership Development in Public Administration

The solution of new tasks facing the leaders of public administration at the present stage of development of the Ukrainian state requires an increase in the efficiency of public administration and public administration as one of the priorities based on the principles of democracy, nation and human-centrism. The relevance of the topic of updating the principles of leadership development in public administration is closely related to updating management mechanisms in the information society, changing the traditional paradigm of management, characterized by stability, control, competition, homogeneity, egocentrism and heroism to a new one, which is characterized by fluidity, delegation of power, cooperation, heterogeneity, social relevance and modesty. The new management paradigm, which is partially being introduced into public administration and public administration, increasingly requires the introduction of modern leadership principles, which are manifested through the assertion of moral values in the personality of a leader, his behavior models and reforming organizational structures. According to the author, such signs of leadership as delegation of power and cooperation in public administration determine the development of leadership through its consideration in conjunction with the principle of command.
 The purpose of the article is to reveal the essence of the priority principles of leadership in public management activities, revealing the state of the study of this issue in domestic and foreign literature. The author of the article focuses on the definition – principle, which is analyzed as the basis for any theory or teaching, explanations or guidelines for action, a person’s inner conviction; basic rule of conduct; features in the creation of something, etc. The article reveals the priority principles of leadership as a prerequisite for the formation of a successful personality, successful leadership qualities.
 The system of principles of leadership development in public administration activities consists of an innovative principle of leadership development; the principle of independence for the development of new rules and regulations; the principle of subsidiarity to ensure the implementation of powers to the bodies of representative power; the principle of socially responsible leadership to ensure ethical relations between subordinates and the leader; the principle of justice, which is a special value measure for maintaining a balance between legal and moral values; the principle of professional and psychological readiness for public administration activities; methodological principle of information and analytical support.

The EU Protection of Tax Data Transferred to Third Countries

Exchange of information is interwoven with the worldwide income taxation principle. Residence-countries taxing their residents on income produced both domestically and abroad need the cooperation of source-countries to obtain information about income produced by their residents in those countries. By neutralising the more advantageous effect of no or low taxation in the foreign jurisdiction, a residence-country actually is in a position to claim to subject foreign income to control through exchange of information and administrative cooperation.

The complex social security provisions of the Brexit withdrawal agreement, to be implemented for decades

This article analyses the provisions in the withdrawal agreement regarding the coordination of the social security schemes of the United Kingdom and the Member States after Brexit. The UK’s withdrawal from the EU raises numerous questions about the consequences for the social security rights, including access to health care, of persons who find themselves in a cross-border situation between the UK and the EU27. The detailed provisions in the agreement concern, in the first place, the arrangements during the transition period, which ends on 31 December 2020. They also establish the rights of persons who are in a cross-border situation between the UK and a Member State at the end of this transition period. Furthermore, the agreement includes rules for persons who have been in such a situation in the past. These provisions are formulated in a complicated manner and will undoubtedly give rise to problems of interpretation and implementation for many decades to come. This article tries to clarify the basic content of this part of the withdrawal agreement, including the arrangements on administrative cooperation, monitoring and enforcement.

Leadership development trends in the scandinavian countries: experience for Ukraine

At the current stage of Ukrainian state integration into European community, country leaders face new challenges that require improving efficiency of public management and public administration based on democracy and human-centeredness. Urgency of public leadership development in Ukraine is closely related to the foreign countries’ experience study on the mechanisms of formation and development of public leadership, characterized by a high level of moral values, responsibility, communication, modesty. The new management paradigm, being introduced in public administration and public management in Ukraine, also requires introduction of new qualities in public leadership, manifested through establishment of moral values in the leader's personality, leader’s behavior in public service reform. According to the author, such qualities of leadership as delegation of powers in public authorities, intersectoral cooperation in public administration determine development of leadership in the context of educational trends in foreign countries. The author believes that today an important aspect in the development of public leadership is the mobilization aspect of the efforts of all leaders and subordinates of public authorities and leaders of civil society institutions to overcome crises and do complex reforms in public administration. Such crises include ensuring stability in global fight against the GOVID-19 pandemic. However, problem of public leadership development in this aspect has not been properly reflected in modern scientific sources.The article reveals priority models of public leadership of Western European countries as a prerequisite for formation of successful personality, successful leadership qualities, the trend of which is such an important factor as publicity, because before the 90s of the twentieth century not all government officials in European countries were public.

The art of casting political dissent in law: The EU’S framework for the screening of foreign direct investment

This paper describes and analyses the EU Regulation establishing a framework for the screening of foreign direct investments (FDI) into the Union.The negotiations that preceded the adoption of the Regulation were characterized by greatly divergent views of Member States on the proper use of FDI screening. Under such conditions, the Regulation’s framework for administrative cooperation and information sharing was as much as the Commission could hope for. The main challenge going forward lies in balancing the policy priorities of individual Member States in determining what constitutes a threat to security and public order, with the needs of the collective, that is the EU. In that respect, the indicative criteria set out in the Regulation may initiate a drive towards a rough consensus. While any ambition to fully harmonize FDI screening has now become only a long-term goal, this paper finds that the Regulation has established a nascent EU screening mechanism, albeit a well-camouflaged one.

Evaluation of the water resource plans in Turkey based on sustainable water management principles

With increasing water scarcity, pollution, and other water-related ecological degradation, water reservoirs and their sustainable development are getting more attention in terms of planning and management. Turkey being under threat of water scarcity has faced ecological degradations in the water basins. Over the last years, Turkey initiated a comprehensive process of planning for the watershed protections following international agreements. This article aims to evaluate the water resource planning approach and management modifications in Turkey according to sustainable development principles. Therefore, it analyzes two main planning projects related to the water resources, including the environment plan and protection plan. In this work, the implementation structures of the two plans are assessed based on the primary factors and sub-factors of sustainable water resource management. As case studies, plans of five drinking water resources were evaluated in terms of their management strategies. The results show that the aspects of environmental pollution and stream health, administrative cooperation, economic restriction, activities determination in the protected zones, and sustainable agriculture have been addressed by plans’ strategies and requirements. However, some other aspects of sustainability such as land-use assessment, finance allocation, social rights, user and academicians’ participation, life pattern studies were underestimated in the implementation plans proposed for the water resource protection in Turkey. This work empathizes on providing connectivity between water basin management as a sector with the land-use planning and socioeconomic sectors and considering a specific position for water sustainability in plans objectives of national, regional, development, and spatial plans.

DAC 6: An Additional Common EU Reporting Standard?

In June 2018, Directive 2018/822/EU introduced the mandatory disclosure of tax arrangements as the 6th amendment to the Directive on administrative cooperation in the field of taxation (DAC 6). Although presented as a uniform European framework, its broad and vague terminology will lead to differing domestic implementations, immediately challenging the Commission’s argument for a uniform application: secure the proper functioning of the internal market. This article illustrates this tension throughout a profound analysis of DAC 6: although invoking the internal market, it primarily broadly fights against tax avoidance and aggressive tax planning, improving the internal market being only its indirect underlying goal. Given this primary aim, the contribution also assesses the Directive’s relation to other existing tools and confronts it with the freedoms of establishment and services. Developed to enhance the internal market, the question arises whether its additional restrictions can be justified when analysed under EU primary law.

The Intermediary is the Message: US Public Diplomacy and the Marshall Plan Productivity Drive in the Netherlands, 1948–52

This article analyzes the public diplomacy of the Economic Cooperation Administration (ECA) in the Netherlands during the Marshall Plan era. It shows that the impact of the ECA’s public diplomacy was shaped by its negotiations with local partners. The argument focuses on the operational level of US information campaigns, which sought to mobilize specific Dutch social groups behind a model of increased productivity and economic growth. By examining the interaction between the US country mission of the ECA and Dutch bureaucrats, managers, and labor leaders, the article demonstrates how the impact of public diplomacy was determined by a complex and at times contentious process of cooperation. While the Dutch readily accepted the US as a model of technological progress, local elites also managed to contain the threat that American propaganda posed to national recovery policies.

Opinion Statement CFE 1/2020 on the Potential Commission Initiative to Strengthen the Administrative Assistance Directive on Administrative Cooperation in Direct Taxation

In this Opinion Statement, submitted on 3 April 2020, the CFE discusses the EU Commission consultation undertaken in Q1 2020 about a potential initiative to strengthen the Mutual Assistance Directive (2011/16) concerning the ability of tax administrations across the European Union to obtain tax-related information on taxpayers who generate income via the digital platform economy.

Council

This overview highlights the Council’s (i) conclusions on the future evolution of administrative cooperation in taxation, (ii) update on its overview of preferential tax regimes examined by the Code of Conduct Group (Business taxation), and (iii) approval of conclusions on progress made during the Croatian Presidency.

Management of Market Surveillance Authorities for Construction Products

Background: The Construction Products Regulation (CPR) entered into full force in the European Union (EU) on 1 July 2013 aiming to improve the free movement of construction products. Several EU Commission Reports acknowledge as one of the main shortcomings, the less than active role of Member States in market surveillance and suggest examining and implementing methods for more efficient prioritisation and organisation of market surveillance activities. Objective: The purpose of the paper is to investigate management elements of the Market Surveillance Authorities (MSAs) for construction products in the EU. To this end, and to collect information on the current level of effectiveness of the organisational approach of the MSAs, it is imperative to collect information on the main relevant management activities of the MSAs, i.e. strategic analysis, risk assessment and performance measurement. Methods: The paper presents background information on the level of market surveillance in the EU. In order to provide further insight, a survey was carried out to collect information and views from representatives of the Member States’ MSAs of construction products participating in the EU committee “Administrative Cooperation Group for the Construction Products Regulation” (AdCo-CPR). Results: Through the findings of investigating management perspectives of the MSAs, it can be concluded that currently, market surveillance of construction products in the Member States markets is limited, and MSAs should consider implementing a quality management system to improve the effectiveness of market surveillance activities as well as to create public value. Conclusion: The findings also suggest that further investigation is needed to be related to strategy, risk and performance management of the MSAs in order to enhance performance and effectiveness.

OECD’s global principles and EU’s tax crime measures

Purpose This paper aims to investigate and provide pathways for leveraging the Organisation for Economic Cooperation and Development (OECD’s) Ten Global Principles (TGPs) for countering tax crimes in the EU. Design/methodology/approach The study is guided by the combination of traditional and innovative research methods drawn from criminal law and justice, public regulatory theory and tax law, based on socio-legal and comparative methodologies. Findings The research shows that EU has achieved considerable amount of progress when it comes to meeting the TGPs. However, law and practice in EU Member States indicate that there are different legal, human and organisational approaches to fighting tax crimes. The TGPs could be strategically applied to complementing the EU’s Fifth Anti-Money Laundering Directive (AMLD) and other initiatives on Administrative Cooperation. Research limitations/implications Although the TGPs appear encompassing, there are opportunities to harness the potency of these principles and to provide more tailored principles that can help engineer sustainable remedies for countering tax crimes in the EU. Practical implications The paper critically analyses, through a multidisciplinary approach, the main legal, human and organisational factors influencing the prosecution of tax crimes in the EU Member States. Social implications Realignment and harmonisation of tax enforcement paractices in the EU Member States thus help in the reduction of tax gap resulting from tax offences. Originality/value The paper provides novel approaches and findings based on empirical info obtained from face-to-face focus groups with end users and law enforcement agencies in tax enforcement eco-system in ten different EU Member States.

Harmonization of the National Legislation on Cosmetic Products in the Context of the Standardization of the European Legislation in the Field

Considering the concern of the European Union to implement an internal market for cosmetic products which also ensures a high level of human health protection and that cosmetics is one of the industrial activities in the EU affected by counterfeiting, which may increase the risks to human health, this article examines how European horizontal legislation is implemented in national law. This article aims to present the legal instruments created at EU level to consolidate the safety of cosmetic products and to strengthen the surveillance of the cosmetic products introduced on the market, but also to protect consumers, taking into account that in order to ensure an effective control of the market it is necessary to have a high degree of administrative cooperation between the competent authorities of the Member States. Moreover, the article aims to present the active role undertaken by the cosmetics industry in developing alternative testing methods within the Horizon 2020 Programme.

The ‘DAC 6’ and Its Compatibility with Some of the Founding Principles of the European Legal System(s)

The current article has two main ‘centres of gravity’. First, it proposes a critical description of the primary points of the European Council Directive known as the ‘DAC 6’ for which the deadline for transposition into the domestic legislation of the Member States is rapidly approaching at the time of this writing. The description is contextualized in the findings of the Base Erosion and Profit Shifting (BEPS) Project. Subsequently, the authors address some of the main points raised by scholars and commentators with regard to its contents, especially the possibility that the mandatory disclosure rules clash with the professional privilege of certain tax advisors, the principle against self-incrimination, or the risk that it will initiate a ‘race to the bottom’ in the sanctioning powers to be exercised by Member States. Administrative cooperation, Mutual Assistance, DAC 6, Directive 2011/16/EU, Directive 2018/822/EU, Professional Privilege, Self-Incrimination, European Convention on Human Rights, Penalties System, Race to the Bottom

Model of administrative cooperation of competent authorities that ensures functionality of the single market for services of the EAEU

The subject of this research is the model of administrative cooperation of competent authorities of the EAEU member-states in the context of isolated sectors of services market with the single market regime. The author explores the functionality of the single market for services, as well as the occurred situation of absence of the single competent authority (supranational body or nongovernmental organization granted with the corresponding competence), which ensures cross-jurisdictional regulation and control within the framework of the single interstate market. Based on the fact that administrative cooperation of the national competent authorities was selected as the instrument for overcoming the indicated problem in the EAEU, the author analyzes the principles and mechanisms of such cooperation, as well as the concepts and draft agreements between the competent authorities. Assessment is conducted on reasonableness of the used (proposed to use) mechanisms. As a result of analysis of legal norms of the EAEU dedicated to the single market for services, it is concluded that these norms of can be applied directly without implementation into the national legislation, which presses the need for interstate regulation and control. At the same time, in the current realities of integration processes, the coordinated administrative-procedural and control-supervisory measures should be realized not via transferring additional competencies to the supranational level, but through administrative cooperation of the competent authorities. The author notes that the existing model of administrative cooperation of competent authorities is currently under development, and due to extended time of coordination of the draft interdepartmental agreements, it is beneficial to conclude the interstate agreement, which would fill the gap of legal regulation in the absence of specific agreements between the competent authorities by the sectors. Examination of the EU experience on creation of information resources for supporting cooperation of the competent authorities allows concluding on the crucial importance of such instrument and the need for the development of its analogues in the EAEU, the normative prerequisites for which are reflected in the Treaty on the Eurasian Economic Union.