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1 Int'l J. Educ. L. & Pol'y 73 (2005)
Governing Governance: Organisation Law and Network-Process-Design

handle is hein.journals/ijelp1 and id is 75 raw text is: GOVERNING GOVERNANCE: ORGANISATION LAW AND NETWORK-PROCESS-DESIGN Governing Governance: Organisation Law and Network-Process-Design Peter Kwikkers* 1. The Art of Governance 1.1 Organisation law More and more, education isthe difference between employability and obsolescence. Consequently, on the one hand it is an economic necessity that public authorities take a political interest and considerable financial and legal responsibilities in education. They should, however, not assume this for the contents. Ofthat public authorities know very little and it remains debatable if quality councils and accreditation organisations are fit to assess more than minimum quality. The State has a responsibility for the main structure and the managerial system, as well as for the appropriate funding of education. In doing this it should attentively respect the academic freedom, as well as the freedom to design the educational system and the freedom to manage education. A wise and democratic State will apply modern, effective, efficient, therefore decentralised, management instruments and methods that provide for ex post quality assurance and avenues of multiple accountability to the public. On the other hand, it seems that many managers, bad managers in particular, do not value the necessity of a solid organisational structure or acknowledge this too little too late. Also good managers often put this aside. After they have left, the chaotic situation inside the institution becomes visible. This is why the following chapters on the issue of 'governing governance', treat a new and not yet well defined field of law which is: organisation law. Organisatdon law should be defined as. The administrative, economical and juridical aspects of- how an organisation - public or private -is internally structured and governed,- how it develops strategy and policy and translates these into action; how it is legally embedded in its working environment or/and its operational system; how it co-operates and communicates with external parties. Organisation law belongs neither to public nor to private law, and even only partially to the field oflaw. It is usually regarded - if it is considered at all - as subtypes of public administration or of administrative law, not even as a mix of this. Organisation law, in public as well as in private organisations, should be considered as an archetype of a hybrid mode. Organisation law is a cross-fertilised field of economy, public and business administration as well as the art of policymaking, based on law. It is the backbone of good governance: a specialisation on general issues in different disciplines. A profession for which there exists no university study. In the following we elaborate on this. LL.M. Founding partner TriasNet Consultants, Netherlands, www.triasnet.nl, triasnet@xs4all.nl. Former legal and policy advisor at the Netherlands Ministry of Education Culture and Science. Former Programdirector of the Legislative Reform Programme of the Council of Europe. IJELP -2005 -ISSUE 1 -2

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