Croatian and Comparative Public Administration

Foreword

Vedran Đulabić — 2025-05-13

Administrative Reforms in Bosnia and Herzegovina in Comparative Perspective: A Distinctive Case of Context in Motion

Edoardo Ongaro — 2025-05-13

This paper illustrates and critically analyses administrative and public management
reforms in Bosnia and Herzegovina (BiH) over the period from 1995 to
2020, thereby filling a gap in the literature on post-socialist transition in Europe,
which has largely missed this important case. Reforms in both the field of
personnel management and the field of financial management are considered.
Specifically, the features of the civil service system and management, the use
of HRM databases, recruitment, training and development, and remuneration
are analysed in relation to personnel management, and budgeting, accounting,
and auditing processes are examined in relation to financial management. The
BiH case of reform is investigated through the analytical-theoretical lens of the
“Pollitt and Bouckaert model”, a prominent and widely employed framework
developed by the late C. Pollitt and by G. Bouckaert. The P&B model provides
a lens through which to investigate the BiH case and make it amenable to
comparative analyses and discussion. At the same time, the uneasy way with
which the BiH case can be accommodated into the P&B model enables us to
revisit certain features of this very model, thus contributing also theoretically to
knowledge generation in the field.

Analysis of the 1961 Constitution in the Pendulum of Democracy and Guardianship in Turkey

Mutlu Yıldırım — 2025-05-13

This study systematically analyses the 1961 Turkish Constitution, which was
established after the 1960 military coup, by examining its dual structure within
the framework of democracy and military tutelage. Using the PRISMA method
for systematic literature review and AMOS 22 for qualitative content analysis
of expert opinions from YouTube videos, it investigates how this Constitution
balances democratic freedoms with institutionalised tutelage. The 1961 Constitution
is recognised for expanding fundamental rights, establishing judicial independence,
and introducing the concept of a social state, significantly advancing
democratic standards in Turkey. It comprehensively guaranteed individual,
social, and economic rights, ensured judicial autonomy, and supported freedoms
such as unionisation and collective bargaining. However, the same Constitution
institutionalised military control and embedded military influence in civilian
politics through the establishment of tutelage bodies such as the Senate of the
Republic and the National Security Council, which were composed of partially
appointed and ex officio members. Measures such as executive decrees and
state control over broadcasting further reflected elements of tutelage. The tutelary
structures constrained democratic governance by establishing checks on elected
civilian authorities. Content analysis of expert discussions revealed critical perspectives
that emphasised that the Constitution did not sufficiently reflect the
will of the people due to its formation process under military influence. Experts
emphasised the role of institutions such as the Constitutional Court and the National
Security Council as entities that perpetuated bureaucratic and military
tutelage rather than fully protecting democratic principles. The study highlights
the internal contradictions in the 1961 Constitution, showing how it oscillates
between strengthening democracy and strengthening tutelage. This dichotomy reflects
Turkey’s broader political tension between civilian democratic aspirations
and persistent bureaucratic-military influence. The study argues that for a strong
democratic evolution, future constitutional reforms must eliminate the remaining
tutelary structures, ensure a clear alignment with democratic governance, and
reflect popular sovereignty.

Local Referendums in the Czech Republic, Hungary and Poland as Starting Points for Legislative Changes to Local Referendums in Slovakia

Gabriel Kopúnek — 2025-05-13

The local referendum is the most frequently used institution of direct democracy
in the European Union countries, including the Slovak Republic. Since 2000,
however, it has been implemented to a limited extent compared to other countries.
The present comparative analysis examines the reasons for this situation
within the Visegrad Four countries, which jointly returned to democratic standards
of local self-government after 1989. The paper also analyses and compares
the legal regulation of local referendums in the Visegrad Four countries and
maps the areas and reasons for initiating local referendums in these countries.
In particular, the thesis focuses on the most discussed topic – the level of quorum
for initiating, validity and effectiveness of local referendum results. Based on the
results of the comparative analysis, Slovakia could benefit from a modification
of the legislation in favour of greater flexibility and a reduction of administrative
obstacles. Taking inspiration from the Czech model of variable quorum, or the
Hungarian autonomy in organizing a referendum, would contribute to a better
functioning of the local referendum institution and increase its accessibility for
citizens. The thesis is the only one of its kind to present comprehensive data on
local referendums held in the Visegrad Four countries from their establishment in
the period from 1991 to 2022.

Predictors of Party Patronage: A Case of the City Committee of a Serbian Parliamentary Political Entity in 2015

Uroš Lazić — 2025-05-13

The subject of interest in this paper is empirical research on party patronage
within the City Committee of a political party in Novi Sad, Serbia. The research
design was structured by complementing the classical correlational paradigm
with the social network analysis (SNA) methodology. The research problem is
focused on the question whether party patronage can be predicted retrospectively
using sociodemographic variables and variables derived from SNA. If so, to
what extent and with what degree of precision? This is the first research to present
empirical data on party patronage amenable to inferential statistical analysis.
Although focused on a specific country, this paper lays the groundwork for future
comparative investigations by advancing new hypotheses that make substantial
contributions to the existing literature on party patronage. Descriptive statistics
reveal that approximately one in five party members is employed through patronage.
A network variable was generated, and centrality measures were calculated
based on the data concerning recruitment into the party. Independent
variables that exhibited statistically relevant associations with the indicator of
party patronage through bivariate analysis were subsequently incorporated into
a binary logistic regression model. Within this model, statistically significant B
coefficients were observed for the following predictors: the number of secure votes,
out-degree, membership in the largest component, core/periphery categorization,
age, and educational level. In contrast to the other predictors, membership in the
largest component and age demonstrate a negative association with the criterion.
The obtained results substantiate the thesis of the technocratization of party patronage. The compilation of a comprehensive registry of public sector employees,
the re-evaluation of their qualifications, and an investigation into their employment
trajectories emerge as crucial imperatives. Otherwise, Serbia is poised to
remain entrenched on the economic periphery of Europe for an extended period.

Common Sense Argument in Administrative Dispute in Croatia

Mateja Held — 2025-05-13

Lawful and fair decisions of the courts imply a factual situation which is established
correctly and completely. They also imply a teleological interpretation
and correct application of substantive law to every individual relation. Administrative
courts are entitled to control the decisions of administrative bodies, with
the aim of protecting citizens’ rights guaranteed by the Constitution, European
Convention on Human Rights and Fundamental Freedoms, General Administrative
Procedure Act, and other acts and regulations in the Republic of Croatia.
Deviations from the fundamental postulates of administrative dispute, as well as
their rigid and mechanical application, are referred to in the relevant literature
and practice as excessive formalism. Therefore, following a brief presentation of
the role of administrative dispute in Croatia, authors analyse excessive formalism
in judgments of the European Court of Human Rights. The common sense
argument stands opposite excessive formalism. The aim of this paper is to identify
the shortcomings of administrative and courts’ practice due to the disregard of
the argument of common sense in administrative disputes. The common sense
argument is present in the recent constitutional court’s case law, considering the
fact that the law should not be mechanically applied and that each individual
case should be considered separately. The paper analyses the common sense
argument in the courts’ case law with the aim of protecting the rule of law and
the constitutional rights of individuals. The paper presents the protection of individual
rights and legal interests through the case law of administrative courts,
the Constitutional Court, and the European Court of Human Rights. Authors
provide certain standpoints for more frequent use of the common sense argument
in administrative and administrative courts’ practice.

Alternative Resolution of Administrative Disputes: Comparative Experiences and Implementation Possibilities in Bosnia and Herzegovina

Admir Selesković — 2025-05-13

Court mediation and settlement as specific institutes of procedural law are nowadays,
without a doubt, faster and more affordable ways of resolving disputes.
By mutual settlement of the parties in the dispute, with the participation of the
judge as a mediator, mediation and settlement gain importance, producing positive
effects in relieving the work of the courts and making it easier for citizens to
access justice. An administrative dispute in every country is an important court
procedure that seeks to understand the principles of legality in the work of public
administration and the rule of law. The achievement of justice in administrative
disputes is still a challenge in many legal systems, and some administrative
institutes are only at the beginning of their development. In this context, the
institutes of judicial mediation and settlement are an excellent example. The
research conducted in this paper showed that in the analysed legal systems, court
mediation and settlement have different degrees of popularity and effectiveness.
However, there is little empirical evidence on how to apply them adequately in
an administrative dispute. In Bosnian-Herzegovinian legal theory, alternative
resolution of administrative disputes was not the subject of research. The results,
through the synthesis of comparative legal solutions, will try to answer the question
of their implementation in Bosnia and Herzegovina, all in order to establish
mechanisms that could reconcile the private interests of individuals and the public
interests of state power entities. Considering their unique legal significance,
affirming them in an administrative dispute in Bosnia and Herzegovina should,
at least theoretically, lay the foundations for a more efficient and functional
system of administrative adjudication and the judicial system in general, and the
principle of the rule of law would be further strengthened.

Claudia N. Avellaneda: What Works in Latin American Municipalities? Assessing Local Government Performance

Ivan Koprić — 2025-05-13

In memoriam Dr. Fabienne Maron

Jean-Michel Eymeri-Douzans — 2025-05-13