The Judicial Elaboration of Standards for Public Administrations in France

Author(s):  
Jérémy Mercier

This chapter underlines how administrative law has taken a much greater significance in France since the period 1890–1910. This period is not only symbolic of a full development of administrative law around the notion of public power (puissance publique) or public service (service public) but also of the ramifications given to the very notion of State and public administration. The chapter deals with different theories (Hauriou, Duguit, etc.) related to a redefinition of the State and public services. It discusses four specific aspects: the institutional context, the case law of the Conseil d’État, the innovative orientations concerning the action of the public authorities, and the creative role of this case law.

2021 ◽  
Vol 8 ◽  
pp. 29-34
Author(s):  
Pavel E. Spiridonov ◽  

The introduction of the terms “public power”, “public administration bodies” in official documents marked the beginning of the resumption of discussions on the peculiarities of legal relations that are included in the subject of the legal regulation of administrative law. The work attempts to analyze the terms “public authorities” and “public administration bodies”, their relationship with each other. In the Russian Federation, a specific system of government with decentralization elements has begun to take shape. Such a system includes, in addition to traditional state authorities, specially created state bodies that are entrusted with the functions of organization and coordination, public authorities in federal territories, state and non-state organizations that are delegated public power.


2021 ◽  
Vol 11 (4) ◽  
pp. 143
Author(s):  
Viera Papcunová ◽  
Roman Vavrek ◽  
Marek Dvořák

Local governments in the Slovak Republic are important in public administration and form an important part of the public sector, as they provide various public services. Until 1990, all public services were provided only by the state. The reform of public administration began in 1990 with the decentralization of competencies. Several competencies were transferred to local governments from the state, and thus municipalities began to provide public services that the state previously provided. Registry offices were the first to be acquired by local governments from the state. This study aimed to characterize the transfer of competencies and their financing from state administration to local government using the example of registry offices in the Slovak Republic. In the paper, we evaluated the financing of this competency from 2007 to 2018 at the level of individual regions of the Slovak Republic. The results of the analysis and testing of hypotheses indicated that a higher number of inhabitants in individual regions did not affect the number of actions at these offices, despite the fact that the main role of the registry office is to keep registry books, in which events, such as births, weddings, and deaths, are registered.


2015 ◽  
Vol 38 (2) ◽  
pp. 52-59
Author(s):  
Niina Mäntylä ◽  
Laura Perttola ◽  
Kristian Siikavirta

Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.


2016 ◽  
Vol 273 ◽  
pp. 199
Author(s):  
Marcelo Henrique Pereira Marques

<p>A emergência do estado democrático de direito, o fenômeno do neoconstitucionalismo e a passagem do autoritarismo para a democracia no Brasil apontam para a necessidade de readequação da teoria do direito administrativo. É preciso criar todo um novo contexto pela democratização das bases do direito administrativo. Ainda se mantém viva a racionalidade autoritária que deu origem ao direito administrativo, montada numa estrutura patrimonial e autoritária de poder, com a administração na posição de supremacia. Isso permite à administração pública brasileira se valer de uma base teórica ultrapassada para fundamentar posturas autoritárias. Daí questionar-se qual o papel do direito administrativo na construção de uma administração pública democrática. Um modelo de administrar que sinalize uma maior inserção da democracia no direito administrativo e na administração pública é o desafio atual da disciplina.</p><p> </p><p>The emergence of the Democratic Rule of Law State, the phenomenon of the neoconstitutionalism and the passage from authoritarianism to democracy in Brazil point to the necessity of creating a new context of democratization of the basis of the administrative law. The authoritarian rationality that gave birth to the administrative law is still alive, with the administration taking a position of supremacy. This allows the Brazilian public administration to use a surpassed theory to justify authoritarian postures. Therefore question what the role of the Administrative Law in the construction of a democratic public administration is. A model of administration that signalizes with a wider insertion of democracy in the administrative law and in the public administration is the contemporary challenge of the discipline.</p>


2020 ◽  
Vol 36 ◽  
pp. 263-283
Author(s):  
Alexandra Flynn ◽  
Mariana Valverde

In May 2020 Sidewalk Labs, the Google-affiliated ‘urban innovation’ company, announced that it was abandoning its ambition to build a ‘smart city’ on Toronto’s waterfront and thus ending its three-year relationship with Waterfront Toronto. This is thus a good time to look back and examine the whole process, with a view to drawing lessons both for the future of Canadian smart city projects and the future of public sector agencies with appointed boards. This article leaves to one side the gadgets and sensors that drew much attention to the proposed project, and instead focuses on the governance aspects, especially the role of the public ‘partner’ in the contemplated public-private partnership. We find that the multi-government agency, Waterfront Toronto, had transparency and accountability deficiencies, and failed to consistently defend the public interest from the beginning (the Request for Proposals issued in May of 2017).  Because the public partner in the proposed ‘deal’ was not, as is usually the case in smart city projects, a municipal corporation, our research allows us to address an important question in administrative law, namely: what powers should administrative bodies outside of government have in crafting smart city policies? In Canada, the comparatively limited Canadian scholarly work regarding urban law and governance has mainly focused on municipal governments themselves, and this scholarly void has contributed to the fact that the public is largely unaware of the numerous local bodies that oversee local matters beyond municipal governments.  This paper hones into the details of the WT-Sidewalk Labs partnership to understand the powers and limitations of WT in assuming a governmental role in establishing and overseeing ‘smart city’ relationships. It ultimately argues that WT has not been – nor should it be – empowered to create a smart city along Toronto’s post-industrial waterfront. Such tasks, we argue, belong to democratic bodies like municipalities. An important contribution of this paper is to situate the evolving role of public authorities in the local governance literature and in the context of administrative law.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Gavrylyuk Oleksandr ◽  

The article is devoted to the study of the activities of public administration authorities in the field of legal waste handling. Normative legal acts are analyzed, scientific opinions on the important role of administrative authorities are presented, the role of administrative law in the researched sphere is emphasized. It is proved that the regulation of relations in the field of waste handling is impossible without a system of public administration entities, which in accordance with laws and other regulations, within their competence are designed to solve the tasks of the state. It is identified that in addition to the executive authorities, other subjects of administrative law that do not belong to public authorities can have certain administrative functions in the field of waste handling. They can be legal entities and collective entities that have the status of a legal entity. In some cases, regulations may provide for the involvement of individuals of private law to implement management functions in the field of waste handling. Keywords: entities, public administration, waste, activity, normative legal acts


2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.


KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 304
Author(s):  
Sandro Lúcio Dezan ◽  
Ricarlos Almagro Vitoriano Cunha

Resumo: o presente texto tem por finalidade definir o papel da Administração Pública na interpretação e na aplicação do texto constitucional, no que respeita à concreção de direitos fundamentais em países de modernidade tardia, sob o amparo da tensão existente entre o que se denominou de procedimentalismo e de substancialismo jurídico. Busca-se, em linhas iniciais abordar os contornos da tendência de legitimação da função jurídica administrativa de caráter constitucional contramajoritário, a aferir uma nova e importante tarefa ao Estado-executivo, para além de sua comum concepção de “fiel executor da lei”, de modo a concluir que a justiça constitucional envolve a jurisdição (por meio do Poder Judiciário) e a juridicidade (por meio da Administração Pública). Sob essa última perspectiva, busca-se assinalar que a aplicação e concreção do direito também é tarefa da Administração Pública, no âmbito de sua função atípica decisional, ditada pelo próprio texto constitucional, legitimador e impositivo das ações valorativas substanciais no âmbito do Estado Democrático de Direito. Palavras-chave: Direito Constitucional. Direito Administrativo. Democracia. Princípio da juridicidade administrativa. Procedimentalismo. Substancialismo. Abstract: The purpose of this text is to define the role of the Public Administration in the interpretation and application of the constitutional text with regard to the realization of fundamental rights in countries of late modernity, under the protection of the tension between what was called “proceduralism” and “legal substantiality”. In an initial line, it seeks to address the contours of the tendency to legitimize the administrative-legal function of a countermajoritarian constitutional character, to assess a new and important task for the Executive State, in addition to its common conception of "faithful executor of the law". In order to conclude that constitutional justice involves jurisdiction (through the Judiciary) and “juridicialism” (through Public Administration). Under this latter perspective, this paper points out that the application and the scope of its atypical decision-making function, dictated by the constitutional text itself, legitimating and imposing substantial value actions within the Democratic State of Law. Keywords: Administrative Law. Constitutional Law. Democracy. Principle of administrative juridicialism. Proceduralism. Substantialism.


2021 ◽  
pp. 139-145
Author(s):  
Sorin Bradu ◽  

The local public administration is the one that plays the most important role in the organization and management of public services, given the fact that it knows the needs of the citizens most closely. The important scientific problem consists in the scientific substantiation of the responsibilities of the public administration in the organization and modernization of the public services. This fact may lead to the clarification of the role of public administration provider in the conditions of more and more intense involvement of the private sector in the management of public services. This clarification is necessary in order to identify ways to apply modern methods of development and efficiency of public services in Botosani.


2021 ◽  
pp. 37-40
Author(s):  
Mykhailo HALAI ◽  
Ihor KOSIAK

Today the concept of “public interest” plays a significant role in public law. It would then be important to define the concept for better understanding and application in administrative law. The paper is devoted to the analysis of the definition of «public interest». The uncertainty of the concept in the legislation is noted. The questions of genesis of concept of «interest» in law; division of right into private and public; division of interest into private and public interest. Considered views on the definition of interest in law. The exercise of public interest by organs of public administration by issuing administrative acts is specified. The meaning of public interest has been defined. The role of public interest in the activities of public administration bodies has been established. The importance of balancing individual and collective interests was emphasized. The types of public interest are defined, and the concept of public interest in administrative law is enshrined in domestic legislation. The ambiguity of the legal acts defining the types of public interest that are laid down in the legislation is indicated. Special features of public interest have been formed. It is further stated that the public interest is the content of the legal relationship between citizens and the public administration. The importance of State guarantees for the possibility of realizing a public interest has been established. With the help of the powers of the local State administrations, signs of public interest were examined. It has been established that it is possible for public authorities to define the concept of public interest. The use of types of public interest in legal proceedings, the safeguarding and realization of public interest by administrative law and the importance of a legislative definition of public interest have been proved. The opinion defines the concept of public interest in administrative law as a set of private interests in administrative legal relations which (aggregate) It is provided by appropriate legal means and is implemented through executive administrative acts. In addition, the report indicates the main features of public interest.


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