The Liability of Public Administration

2020 ◽  
pp. 61-65
Author(s):  
Fulvio Cortese
Keyword(s):  
Nineteenth Century ◽  
Public Administration ◽  
Civil Liability ◽  
Civil Code ◽  
Legal Systems ◽  
Public Authorities ◽  
Legal Rules ◽  
Building Permit ◽  
Administrative Courts ◽  
Public Bodies

At the end of the nineteenth century, Italian courts constructed government liability in narrow terms, excluding it whenever government took acts of imperium. Article 28 of the Constitution deviates from that line of cases, because it lays down two principles: first, that the officials and employees of public bodies are directly liable for acts committed in violation of rights and, second, that in such cases civil liability extends to public bodies. Concretely, the standard governing the non-contractual liability of public bodies is influenced by the rules of the Civil Code. Liability can thus be based on the existence of a breach of existing legal rules, including procedural constraints on the exercise of administrative powers. For example, the unlawful issuing of a building permit gives rise to liability. However, when public authorities exercise real discretion, issues of liability will be treated differently. And, unlike other legal systems, such issues often fall within the competence of administrative courts.

Constitutional Foundations and the Design of the Austrian Liability of Public Bodies Act

2020 ◽  
pp. 39-41
Author(s):  
Stefan Storr ◽  
Kathrin Bayer ◽  
Daniela Bereiter ◽  
Luca Mischensky
Keyword(s):  
Nineteenth Century ◽  
Rule Of Law ◽  
General Principle ◽  
Public Authority ◽  
Legal Systems ◽  
Public Authorities ◽  
The Public ◽  
Injured Party ◽  
Public Bodies

Similarly to other legal systems of continental Europe, the Austrian system has what may be regarded as a general principle of damages liability, although it does not have a wholly separate body of law dealing with damages actions against public authorities. But administrative liability arises if a fault exists and is proven. Moreover, the injured party is required to bring an appeal to the public authority that is potentially liable in tort. The ordinary courts have the competence to inquiry as to whether a rule of law has been infringed and liability has arisen. Included within these rules there are the procedural requirements set out by Austrian courts since the end of the nineteenth century and later codified by legislation, as well as the constraints that emerged more recently.

scholarly journals FEATURES OF ADMINISTRATIVE AND LEGAL STATUS OF ADMINISTRATIVE COURTS AS SUBJECTS OF INTERACTION WITH PUBLIC ADMINISTRATION AUTHORITIES

2021 ◽  
Vol 1 (10) ◽  
pp. 70-74
Author(s):  
O. Gresko ◽  
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Public Law ◽  
Public Authorities ◽  
Territorial Jurisdiction ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Determining Factor ◽  
Court Process

The article is devoted to the analysis of general theoretical aspects of determining the administrative and legal status of administrative courts as subjects of interaction with public administration bodies. The basis of the study were modern scientific developments on the subject, as well as current national legislation. The article reveals the category of "status". The essence of the legal status as one of the varieties of the general status of the subject (person, authority, etc.) is analyzed. Scientific approaches to the administrative and legal status are analyzed. The current administrative and legal status of administrative courts in Ukraine is determined. It is concluded that the administrative and legal status of administrative courts is the legal status of administrative courts determined by the norms of administrative law, which consists of a set of elements, the determining factor among which is instance and territorial jurisdiction for public law disputes, one of the parties of which is a public authorities. It was found that among the features of the administrative and legal status of administrative courts as subjects of interaction with public administration authorities should be noted: 1) does not contain the traditional division of elements into rights, freedoms, responsibilities, and is answered only by the competence in the relevant jurisdiction; 2) administrative jurisdiction, according to current legislation, is differentiated into institutional and territorial; 3) is regulated not only by substantive but also by procedural rules of law; 4) consider cases of administrative jurisdiction, in which public administration authorities may act as one of the parties, and administrative courts may interact with these bodies outside the court process.

Extending the Frontiers of Tort Law: Liability for Ecological Harm in the French Civil Code

2018 ◽  
Vol 9 (1) ◽  
pp. 81-103
Author(s):  
Simon Taylor
Keyword(s):  
Environmental Protection ◽  
Civil Liability ◽  
Tort Law ◽  
Civil Code ◽  
Legal Systems ◽  
French Law ◽  
Additional Source ◽  
Alternative Approach ◽  
Code Provisions

AbstractIn August 2016 the French Parliament adopted legislation introducing civil liability for ecological harm into the civil code. Since tort law is traditionally concerned with the compensation of harm to individuals, the recognition of ecological harm as a basis of liability extends the boundaries of tort by requiring an alternative approach to what constitutes harm, who will have standing to bring claims and what remedies are appropriate. Through a discussion of the French reform, this article analyses the issues raised in adapting civil liability to deal with ecological harm and considers how French law seeks to overcome the challenges that these issues present. The article also reflects on whether the new civil code provisions are likely to provide an attractive model for reform in other legal systems by considering the extent to which they may represent an effective additional source of environmental protection in France and prove financially sustainable.

Commonality and Diversity in Administrative Justice: Fin de siècle

2021 ◽  
pp. 3-38
Author(s):  
Giacinto della Cananea
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Administrative Law ◽  
Fin De Siecle ◽  
Legal Systems ◽  
Crucial Importance ◽  
Public Authorities ◽  
Liberal Policy ◽  
Selection Of ◽  
Administrative Justice

There is variety of opinion about the origins and development of administrative law. The studies collected in this volume seek to contribute to a better understanding its development in a period of crucial importance; that is, the last decade of the nineteenth century and the first decade of the twentieth century. This chapter is divided into three parts. The first explains the choices made concerning the timeframe, the methodology, and the selection of legal systems. The focus then shifts to four main features that characterized administrative laws in those years, including the variety of judicial mechanisms, the more liberal policy on standing, the gradual reinforcement of procedural constraints on the exercise of powers by public authorities, and the abandonment of immunity. The chapter concludes with discussion of commonality and diversity between administrative laws in Europe.

Czy „Król może czynić źle”? Odpowiedzialność cywilna za wykonywanie władzy publicznej w prawie angielskim

2019 ◽  
Vol 76 ◽  
pp. 341-362
Author(s):  
Paweł Słup
Keyword(s):  
20Th Century ◽  
Rule Of Law ◽  
Civil Liability ◽  
Public Authorities ◽  
The Public ◽  
English Law ◽  
State Liability ◽  
Public Bodies

The principle of state liability has been widely recognised in 20th century and codified in certain jurisdictions. English law, however, has been traditionally reluctant to recognise the liability of Crown distinct from the of its servants. According to the long-standing principle of rule of law, servants of the Crown should be liable for torts committed in their official capacity just as individuals. The principle has been allegedly designed to protect the individuals from arbitrary decisions of public authorities, which fall in their actions under jurisdiction of common courts. It was not until the advance of Crown Proceedings Act 1974 when the Crown took material liability for torts committed by its servants. The nature of tortious liability of the public bodies, however, remained peculiar. The aim of this article is to indicate that the underlying concept of individual liability of servants, once designed to protect the individuals, now restricts the scope of civil liability of public bodies in English law.

scholarly journals Public administration and state regulation of economic activity in Ukraine: problems of legal regulation

2020 ◽  
pp. 86-96
Author(s):  
Roman Boychuk
Keyword(s):  
Public Administration ◽  
Economic Activity ◽  
Legal Regulation ◽  
Civil Code ◽  
State Regulation ◽  
Political Activity ◽  
The Political ◽  
Public Authorities ◽  
Economic Relations ◽  
The Subject

Problem setting. The article deals with the problematic issues of legal regulation of economic activity in Ukraine. At the same time, attention is focused on the need to distinguish between such categories as “public administration” and “state regulation”. Analysis of recent researches and publications. In the doctrine of economic law the problems of determining the subject of economic and legal regulation, the legal status of participants in economic relations, the essence of organizational and economic relations have attracted attention, including at the level of individual monographs, such scientists as V. K. Mamutov, I. Yu. Krasko, I. A. Tanchuk, D. V. Zadykhailo, V. A. Ustimenko; V. B. Laptev, S. I. Bevz, O. M. Vinnyk, O. Yu. Illarionov, V. Nagrebelny, V.S Shcherbina, O. P. Vikhrov and others. However, even today the question of the sphere of relations that are the subject of economic and legal regulation, the relationship between the concepts of “economic management (economic activity)”, “organizational and economic relations” and “state regulation of economic activity”, and the understanding of individual researchers of organizational and economic relations that arise in the process of implementation of public administration and regulation of economic activity, as one of the types of economic relations, are insufficiently substantiated. Formulation of goals (purpose) of the article. The author of this article aims to determine: the scope of economic and legal regulation of public relations; relations that are covered by the concept of “organizational and economic relations” and are subject to regulation of commercial law; to differentiate “organizational and economic relations” arising from the management and regulation of economic activity. Article’s main body. It is noted that the subject of regulation of the Civil Code of Ukraine includes two groups of economic relations: (a) economic relations that arise in the process of organizing economic activity; (b) economic relations arising in the course of economic activity. Legal definition of organizational and economic relations (Part 6 of Article 3 of the Civil Code of Ukraine) is based on the categories of “organization” and “management” of economic activity. However, none of these concepts is defined by a codified act. It is established that public administration should be understood, first of all, as the activity of public authorities on the practical implementation of the political course. These activities should be based on appropriate procedures that should ensure its legitimacy and protect the legitimate rights of citizens from illegal actions by public authorities and their officials. In essence, public administration is derived, on the one hand, from political activity, on the other – from the political course and traditionally these activities. Conclusions. It is emphasized that the management of economic (commercial) activities includes forecasting, planning, financing, budgeting, taxation, lending, administration, accounting and control. The purpose of state regulation is to streamline the activities of business entities, provide economic processes with an organized nature, ensure compliance with laws, balance private and public interests, ensure public and state interests.

scholarly journals JURISDICTIONAL ACTIVITY OF ADMINISTRATIVE COURTS IN THE CONDITIONS OF FORMATION OF LEGAL SOCIETY

2021 ◽  
Vol 1 (10) ◽  
pp. 74-79
Author(s):  
D. Makharynetsʹ ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Administration ◽  
Legal Protection ◽  
Public Authorities ◽  
Role Of The State ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
The Right ◽  
Subjective Rights

Moving along the path of European integration, Ukraine is carrying out state-building and building civil society on the basis of the concept of human-centeredness, introducing modern approaches to determining the role of the state and its organs in the life of man and the average citizen. One of the directions of the introduced reforms is the sphere of ensuring human and civil rights, creating conditions for the protection of these rights in case of their violation or encroachment on them. Of particular importance in this context is the creation of conditions that guarantee the provision of citizens with their subjective rights in relations with public administration bodies. The form of realization of the right to protection from illegal actions and decisions of public authorities is administrative justice, ensuring the establishment of law and order in the field of public administration. Therefore, the need to determine the features that reveal and characterize the essence of the jurisdictional activities of administrative courts in the formation of a legal society becomes relevant. The purpose of the article is to determine the features that reveal and characterize the essence of the jurisdictional activity of administrative courts in the conditions of formation of a legal society on the basis of the theory of administrative law and process, scientific views of administrators, norms of current legislation. The article examines the legal category "jurisdiction", "administrative jurisdiction" and describes the jurisdictional activities of administrative courts as a type of law enforcement and law enforcement activities in the implementation of legal protection in public law disputes, highlights the characteristics of jurisdictional activities.

scholarly journals The state of Ukraine as a subject of civil liability for losses caused to entrepreneurs during the Ukrainian Anti-Terrorist Operation/Joint Forces Operation (analysis of current legislation and practice)

Legal Ukraine ◽  
2020 ◽  
pp. 6-14
Author(s):  
Volodymyr Olshanchenko
Keyword(s):  
Civil Rights ◽  
Civil Liability ◽  
Civil Code ◽  
The State ◽  
Practical Implementation ◽  
Public Authorities ◽  
Operation Analysis ◽  
Relevant Today ◽  
Joint Forces ◽  
Compensation For Damage

In order to repel external aggression and stabilize the economic and socio-political situation in the country in 2014, the legal regime of the anti-terrorist operation (ATO) was enacted. Subsequently, the Anti-Terrorist Operation in Eastern Ukraine in April 2018 was renamed the Expanded Anti-Terrorist Operation within the Joint Forces (JFO) Operation. The issue of the responsibility of Ukraine for the damage caused to businesses by public authorities or their officials during the ATO/JFO has become relevant. Today in this above mentioned area there are serious deficiencies of the regulatory and legal support, as well as practical implementation, which complicates the mechanisms of compensation to entrepreneurs affected by the ATO/JFO. The paper shows the results of research on the compensation for damage caused to entrepreneurs by the state of Ukraine during the hostilities and/or other measures related to the law enforcement, as well as the defense of subjective civil rights of the participants in civil relations. The provisions of articles 1166 and 1167 of the Civil Code of Ukraine are analyzed in determination of grounds for liability and other provisions of paragraph 1, chapter 82 of the Civil Code of Ukraine depending on the circumstances under which the damage was caused. The civil liability of military servants during the service and combat missions is discussed and considered. It is proved that the structural subdivision of the Military Forces of Ukraine is responsible for causing damages during the service and combat missions. The particular attention is paid to the consideration of the practice of application of the current legislation of Ukraine in the area of compensation for damage caused by Ukraine to entrepreneurs. As a result of the study, the following conclusions were made. Under present conditions, the responsibility of Ukraine for damage caused to entrepreneurs by the delict of public authorities or their officials remains clearly unresolved at the regulatory level. The need to supplement the articles 1173 and 1174 of the Civil Code of Ukraine by the provision that clearly defines that the damage is reimbursed by the state of Ukraine is claimed. Key words: rights, guarantee, legal liability, institute of responsibility, reparation, state.

COMPETENCE APPROACH IN EUROPEAN PUBLIC ADMINISTRATION: ESSENCE AND DEVELOPMENT TRENDS (ARCHETYPAL ASPECT)

2018 ◽  
Vol 1 (14) ◽  
pp. 132-143
Author(s):  
Martha Ivanivna Karpa
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Public Institutions ◽  
Public Authorities ◽  
European Public ◽  
Territorial Organization ◽  
Characteristic Features ◽  
State And Local ◽  
Main Components ◽  
Definition Of

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.

SUBJECTS AND OBJECTS OF PUBLIC MARKETING

2018 ◽  
Vol 1 (12) ◽  
pp. 260-270
Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko
Keyword(s):  
Public Administration ◽  
Municipal Government ◽  
Executive Power ◽  
Marketing Concept ◽  
Public Authorities ◽  
Public Marketing ◽  
The Public ◽  
State Management ◽  
Management Concepts ◽  
The Subject

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.

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