In 1994, Susan Rose-Ackerman asked the following provocative question: American administrative law under siege: Is Germany a model? (107 Harv. L. Rev. 1279 (1994), also available here). She noted: “The American regulatory state is under attack.
Posts in "Consultation" category
One of the interesting questions of administrative reform is setting up mechanisms to enable the direct involvement of the public in the administrative policymaking process. The U.S. Administrative Procedure Act (A.P.A.), adopted in 1946, provided early on such a model especially with respect to informal rulemaking. Section 553 of the A.P.A. stipulates that, when making rules or regulations having binding effect on private parties, the agency must provide notice of its proposal, an opportunity for affected parties to comment, and “a concise general statement” of the basis and purpose of the rules. U.S. scholars have advocated the adoption of equivalent participatory processes in other legal orders; similarly, domestic reformers have looked to the A.P.A. for inspiration when drafting the codes of administrative procedure in their respective jurisdictions.
According to a press release that came out today, the European Ombudsman, P. Nikiforos Diamandouros, has invited citizens, interest groups, and other organizations to submit comments on a draft statement of principles that should guide the conduct of EU civil servants. The draft “public service principles” take account of best practice in the Member States, established through a consultation with the European Network of Ombudsmen. Comments can be submitted until 15 May 2011 and will be considered before the principles are finalized.