scholarly journals Boa administração: um direito fundamental a ser efetivado em prol de uma gestão pública eficiente

2018 ◽  
Vol 277 (3) ◽  
pp. 105
Author(s):  
Salomão Ismail Filho
Keyword(s):  
Public Service ◽  
Constitutional Law ◽  
Public Management ◽  
Good Governance ◽  
Human Person ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Definition Of ◽  
Right To Good Administration

<p>Good administration: fundamental right to be implemented in favor of efficient public management</p><p> </p><p>O direito administrativo moderno encontra-se intrinsecamente relacionado com o direito constitucional. Uma consequência de tal relação é o direito fundamental a uma boa administração. O conceito de boa governança, de caráter mais amplo e multidisciplinar, e o princípio da eficiência auxiliam na definição daquilo que seja uma boa administração no serviço público. É dever do gestor público/decisor político atender aos objetivos fundamentais da Constituição por meio de uma administração que concilie os custos orçamentários com os interesses e necessidades do administrado, ou seja, a pessoa humana, razão de ser do Estado.</p><p> </p><p>Modern administrative law is intrinsically related to constitutional law. One consequence would be the so-called fundamental right to good administration. The concept of good governance, broader and multidisciplinary, and the principle of efficiency help in the definition of what good administration is in the public service. The public and political manager has the duty to comply the fundamental objectives of Constitution through a management that reconciles the budget costs with interests and needs of the administered, that is, the human person, reason for existence of the State.</p>

FORMATION OF THE BASIC KNOWLEDGE SYSTEM IN THE PUBLIC MANAGEMENT AND ADMINISTRATION SPHERE

2019 ◽  
Vol 4 (3) ◽  
pp. 209-216
Author(s):  
Valerii Bakumenko ◽  
Oleksiy Krasnorutskyy ◽  
Anatolii Hatsko
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Public Service ◽  
Public Management ◽  
Good Governance ◽  
Knowledge System ◽  
Basic Knowledge ◽  
Public Authorities ◽  
The Public ◽  
Public Administration Reform

The modernization of the management system and the knowledge management model is needed in the context of the public administration reform, taking into account the concept of decentralization and Good Governance. That is why the article focuses on the author’s approach to substantiating the formation of a modern knowledge system in public management and administration in Ukraine. It is proved that the approach to the knowledge system formation should be based on the identification of the needs of public administration objects. The need to comply with the necessary diversity law for a management subject of public entity regarding its knowledge of the entity has been identified. The content of the principle «from general to specific» for the objects of public administration is considered. The formation structure of the basic knowledge system in the public sphere is presented, which unites a number of blocks. The first block deals with the system of basic knowledge of public management and administration. The second block deals with the idea of a public authorities system at different levels. The third block concerns the formation of basic knowledge about public service. The fourth block concerns the formation of a basic knowledge system about current trends in the development of domestic public administration. The fifth block deals with the knowledge about the development and implementation of public policy and implementation of public administration. The sixth block deals with the consideration of public administration as a deliberate activity to establish internal procedures and processes in public administration to ensure their smooth functioning. The seventh block concerns the knowledge system for ensuring social stability. The eighth block is a glossary of basic terms and the ninth is a bibliography. The proposed approach is the scientific substantiation of the development of educational and professional programs of the basic textbook and standards for the specialty 281 – «Public Management and Administration». Keywords: knowledge, public administration, the necessary diversity law, public policy, public service, public authorities, public stability.

Löwentattoos auf Streife?

2019 ◽  
Vol 52 (1) ◽  
pp. 41-64
Author(s):  
Klaus Schönenbroicher
Keyword(s):  
Public Service ◽  
Police Officers ◽  
Constitutional Law ◽  
Civil Service ◽  
The State ◽  
Private Life ◽  
Public Image ◽  
The Public ◽  
Basic Law

Abstract Recently, there have been various conflicts with regard to extravagant or flashy body styling of applicants for police career, like conspicuous tattoos and piercings. The essay discusses the general requirements, which bear uponapplicants in the interest of public image cultivation, separation ofpowers in the light of basic rules. As Article 33 (5) of the Basic Law obligates the state to organize the public service according to traditional principles of German civil service, constitutional law offers a basis to justify interferences in private life, as far as the duties inherent in the servise as police officers require neutrality.

The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities

2001 ◽  
Vol 4 ◽  
pp. 153-165
Author(s):  
Amandine Garde
Keyword(s):  
Public Service ◽  
Service Provision ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
General Law ◽  
Definition Of ◽  
Economic Function

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.

scholarly journals CONCEPTS AND SIGNS OF CIVIL SERVICE AND SERVICE IN THE NATIONAL POLICE OF UKRAINE

2020 ◽  
pp. 132-139
Author(s):  
А. В. Іваниця
Keyword(s):  
Public Service ◽  
Civil Service ◽  
General System ◽  
The State ◽  
Professional Activity ◽  
State Budget ◽  
Police Service ◽  
The Public ◽  
Definition Of ◽  
National Police

The relevance of the article is that in the conditions of constant changes and development of legislation the issue of analysis of new legislation on the conceptual apparatus, features and characteristics of new state institutions, civil service in general and service in the national police in particular is quite relevant. The purpose of the article is to establish the peculiarities of the interpretation of the concept of civil service and service in the police, as well as to present the features of such service. The study analyzes the scientific achievements, which includes the definition of the concepts, features and content of civil service and police service. There is an interpretation of the concept of «service» in the scientific literature and encyclopedic or dictionary publications, it is argued that due to the diversity of the interpretation in the literature there are many examples of interpretation of this definition. The opinions of M. Bilynska, O. Yevmeshkina, I. Surai on the definition of the term «service» and its inherent features are noted, the position on these issues is also highlighted by M. Tsurkan. The article analyzes the concepts of «civil service», proposed by V. Malinovsky, N. Sidorenko, A. Britko, Y. Bytyak, S. Dubenko, Y. Obolensky, M. Inshin, T. Pakhomova, V. Averyanov, L. Stelmashchuk. The erroneous identification of the civil service with the public service is pointed out, as there are so-called political positions that do not belong to the civil service, but are an element of the public service. Emphasis is placed on the features of the civil service (activities to perform the tasks and functions of the state; activities are professional, public, politically neutral and carried out at the expense of the state budget). It is emphasized that the concept of «civil service» is also interpreted in a narrow and broad sense. The study reveals whether police service belongs to the general system of civil service, as well as signs of service in law enforcement (a specific type of human activity, which is implemented in the interests of society; the state determines the boundaries, forms and methods of this activity such a service is a professional activity, etc.). These are laws that define the definition of civil service and police service («On Civil Service» and «On the National Police»).

scholarly journals Is Good Governance an Approach to Civil Service Reforms?

2006 ◽  
Vol 45 (4II) ◽  
pp. 621-637 ◽  
Author(s):  
Muhammad Iqbal
Keyword(s):  
Public Sector ◽  
Public Management ◽  
Civil Service ◽  
Good Governance ◽  
The State ◽  
The Body ◽  
Civil Servants ◽  
The Public ◽  
Head Of Government

The Civil Service refers to the body of officials who carry out functions of government under the direction and supervision of the head of government [Rahman (1998), p. 2]. Excluded in this definition are employees of state-owned enterprises, the army, teachers, the judiciary and the police who, together with civil servants, collectively constitute the public sector. It is the civil service, and not the public sector, which will be the focus of this paper. Civil Service arrangements have emerged as important mediating institutions which interface between the state and its citizens. Traditionally these were monolithic, centralised, powerful structures with immense power over the management of the affairs of a nation, and often not very responsive to the changing needs of governance and public management.

scholarly journals Public Management: A New Public Service Oriented Concept of Public Service

2021 ◽  
Vol 2 (3) ◽  
pp. 29-36
Author(s):  
Linh Benson ◽  
Huay Thúy Thanh ◽  
Bảo Nga Thao
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Public Management ◽  
The State ◽  
The Public ◽  
Role Of The State ◽  
New Public ◽  
The World ◽  
Mutual Relations ◽  
The Right

This article discusses the application of the new public service concept in serving the public. This is based on the Public Administration Problem in its development which has gone through several stages. As one of the countries in the world, of course, it is part of the global administration system, which always develops in accordance with the development of contradictions and mutual relations between nations in the world. So that the implementation of the new public service can have an impact on the implementation of the New Public Service with an awareness of the real role of the state. It is no longer authoritarian or still chooses who has the right to receive services from the State. In the current context, the practice of Public Administration has led to the principles of the New Public Service paradigm.

The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities

2001 ◽  
Vol 4 ◽  
pp. 153-165
Author(s):  
Amandine Garde
Keyword(s):  
Public Service ◽  
Service Provision ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
General Law ◽  
Definition Of ◽  
Economic Function

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’. This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.

Peningkatan Penyelenggaraan Pemerintahan yang Bersih dan Bebas KKN dan Indikator-Indikator Hasilnya

2012 ◽  
Vol 10 (2) ◽  
pp. 231-240
Author(s):  
Andy Fefta Wijaya
Keyword(s):  
Public Sector ◽  
Public Service ◽  
Public Management ◽  
New Public Management ◽  
Good Governance ◽  
Information Transparency ◽  
The Public ◽  
New Public ◽  
Sector Performance ◽  
New Perspective

This paper presents this new perspective of public management (NPM) and governance in administrative sciences and explains the differences between them. NPM risk leaving the public service function for the poor and marginalized, therefore improving governance perspective NPM movement's weakness. New Public Management Paradigm with no accountability (accountability) would risk leaving the public interest. Accountability as a fundamental pillar of good governance paradigm can improve the weaknesses found in the paradigm previously thought. A major component to the success of public accountability is a system of information transparency. Transparency of information is authorized to be used for public sector performance evaluation measures and for evaluating public sector executive accountability for all decisions and actions, ie to what extent the results/outcomes and impacts resulting from beneficial to the public.

scholarly journals THE STATUTORY DEFINITION OF GIFT VALUE AS A “FILTER” FOR EFFECTIVE STATE POLICY IN THE PUBLIC SERVICE

2019 ◽  
Vol 4 (5) ◽  
pp. 122
Author(s):  
Tatiana Kolomoets ◽  
Nataliia Halitsyna ◽  
Serhii Kushnir
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
State Policy ◽  
The State ◽  
The Public ◽  
Public Servant ◽  
The Gift ◽  
Symbolic Value ◽  
Definition Of

The paper substantiates the importance of standardization of gift’s “value feature” for a public person as a reliable “filter” for eliminating threats for effective implementation of the state policy in the public service. Methodology. The analysis of regulatory and law enforcement experience of different countries allowed distinguishing three basic regulatory models of “gift relations” in the public service – prohibitive, permissive, and mixed. Clarification of the essence of each of them led to the conclusion on the expediency to choose the mixed model as an optimal alternative for an effective counteraction to the unlawful, non-purpose use of gift resource in the public service under the conditions of modern reformation state-building and law-enforcement processes. This model due to a simultaneous regulation of the principles of “prohibitive gift” relations, “permissive gift” relations envisages determination of the limits for possible reception of other gifts by public servants. It ensures elimination of the prerequisites as for waking “gift relations” in the public service, so for unreasonable use of the gift as a source for enrichment, encouragement means, and “instrument for influence” on the professional official activity of a public servant. Results. A unique character of the gift in the public-official relations is caused, first of all, by its trifling “symbolic” value. Due to this fact it can be considered as a “symbolic manifestation” of respect, gratitude to a public servant for his competent, honourable, lawful professional official activity. Its symbolic “value feature” is its central feature that causes the need for its obligatory complete regulatory determination. On the basis of the comparative legal analysis of rule-making and law-enforcement experience of different countries, a number of basic approaches to the definition of “value feature” of a gift are distinguished (in a completely determined amount, in a multiple of the guaranteed rates established by the state, in a multiple to the salary of a public servant, in a generalized form without any quantitative indicators and with the list of possible external forms of gift’s manifestation etc.), and it is justified the feasibility of its binding to a certain number of the national currency (“solid”, “constant” indicator). Practical implications. Standardisation of this gift feature along with others which carry out an additional role (frequency of reception and source) should be at the level of the basic legislative act, which consolidates principles of “gift relations” in the sphere of public service in its entirety. Taking into account the importance of this gift feature, any sub-legislative “alternative” in relation to the determination of gift value can’t exist eliminating the grounds for a controversial nature of regulation of relevant relations. Value/originality. It will help to unify the regulatory standards for using gift’s resource in the public service as a whole, regulatory “filtering” effectiveness of the implementation of public policy in the sphere of public service as a whole.

scholarly journals Bases constitucionales del derecho administrativo uruguayo. / Constitutional bases of uruguayan administrative law.

2021 ◽  
pp. 23-37
Author(s):  
Miguel Pezzutti
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Constitutional Law ◽  
Human Person ◽  
Executive Branch ◽  
Administrative Law ◽  
Coherent System ◽  
Administrative Management

El artículo tiene por objetivo identificar los vínculos del Derecho Administrativo con el Derecho Constitucional en Uruguay, efectuando además algunas referencias comparativas con el Derecho Argentino. Enfoca en las raíces constitucionales de la Administración Pública en el Derecho Uruguayo basadas en la idea de centralidad de la persona humana. Analiza las fuentes del Derecho Administrativo reconocidas en el texto constitucional, así como importancia de los Principios Generales en la construcción de un sistema organizado y coherente. Con relación a la organización, se analiza la posición institucional del Poder Ejecutivo y las distintas formas de gestión administrativa, en particular las descentralizadas. Partiendo de los principios generales, se analiza la normativa relativa a la actividad administrativa y la importancia de los medios de defensa de las situaciones jurídicas de los particulares, así como las bases del servicio público.AbstractThe article aims to identify the links between Administrative Law and Constitutional Law in Uruguay, also making some comparative references with Argentine Law. It focuses on the constitutional roots of Public Administration in Uruguayan Law based on the idea of centrality of the human person. It analyzes the sources of Administrative Law recognized in the constitutional text, as well as the importance of the General Principles in the construction of an organized and coherent system. Regarding the organization, the institutional position of the Executive Branch and the diferent forms of administrative management,  particularly  decentralized ones, are analyzed. Starting from the general principles, the regulations relating to administrative activity and the importance of the means of defense of the legal situations of individuals are analyzed, as well as the bases of public service.

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