Dialogue as a new method of administration managing the relationship between public administration and entrepreneurs

Abstract

The aim of the study is to analyse the phenomenon that can be described as “administration of dialogue”. Legal norms introduce competences to a dialogue with the entrepreneur in order to joint-ly develop the most effective solutions to implement the public interest. This is possible by using a policy of voluntary exercising of the law. This dialogue is an alternative to traditional formalised (legalistic) methods of administration. Digitisation enables this change due to the possibility of indi-vidualising the supervisory and regulatory impact. Dialogue as a method of administration is an ex-pression of the humanisation of administrative law (introducing a more partnership approach to the entrepreneur) and of the economisation of law (taking into account economic factors in the process of applying the law). This includes negotiating enforcement of competition law (e.g. commitment decisions), but also cases where the entrepreneur may have an impact on exercising (enforcement) of public law obligations, although the entrepreneur’s position versus the public authority is not equivalent.