The principle of openness, which is conditioned by the relationship between politics and civil society, must be understood in a way that does not idealise civil society on the one hand and politics on the other, nor underestimate it, but rather establishes a healthy scepticism in understanding one pole and the other. The point is that it is also through politics that the administration is generated, or rather the key civil servants who, either as heads of administrative bodies or as members of cabinets, generate the policy of the work of a particular state body. From this perspective, a healthy scepticism is essential in building a healthy relationship between administration and politics. The key point here is that the relationship between administration ('profession') and politics should be established to the extent that the administration prepares well-considered and correct bases for its decision-making, and politics should only be able to pursue its objectives with such substantively and legally and systematically correct material. The autonomy and independence of the expert services, in terms of their independence from the current ruling coalition, is crucial in ensuring their transparency. The administration must therefore be immune from outside influence, but above all there is, of course, the question of guaranteeing, or setting up, a system that will ensure the clear and transparent presence of individual, particular and other interests, whether of the ruling coalition or of interested parties and lobbyists.
The normative framework for legislative activity, particularly in the legislative procedure as part of the law-making process that takes place in the National Assembly, does ensure a high degree of transparency. This means that the normative framework of legislative activity makes it possible, in principle, to meet the requirement of transparency. However, gaps in the arrangements, which at the same time point to considerable room for manoeuvre for improving the normative framework, can be detected specifically in the pre-parliamentary phase, i.e. in the phase of drafting legislative proposals or working texts of legislative proposals, where the various working bodies, as well as the interested and expert public, are involved. The dissertation evaluates these hypotheses and provides a basis for their confirmation, while at the same time proposing modules for filling the gaps in the normative framework of the pre-parliamentary phase of the legislative process.
|