scholarly journals The Settlement of the Bidding Contest for a Public Task Implemented by Non-Governmental Organisations and Public Benefit Entities Without the Possibility of Initiating an Appeal Procedure

2020 ◽  
Vol 11 ◽  
pp. 275-290
Author(s):  
Danuta Biniasz-Celka
Keyword(s):  
Public Administration ◽  
Financial Cooperation ◽  
Public Benefit ◽  
Substantive Law ◽  
Appeal Procedure

The paper focuses on the financial cooperation of public administration bodies with public benefit organisations (PBOs) in the form of delegation or commissioning statutory public tasks. As a result of cooperation, a contract is concluded, which is preceded by an open bidding contest procedure. Nevertheless, there is no provision in the contest procedure which would constitute a substantive law basis for issuing an administrative decision or taking other actions referred to in art. 3(2)(4) of the Act of 30 August 2002 on the Administrative Court Procedure by a public administration body or an appointed contest committee.

scholarly journals Neoliberal restructuring and the third sector: reshaping governance, civil society and local relations

2021 ◽  
Author(s):  
B. Mitchell Evans ◽  
John Shields
Keyword(s):  
Social Sciences ◽  
Nonprofit Organizations ◽  
Public Administration ◽  
Third Sector ◽  
Public Benefit ◽  
Working Paper ◽  
The Social ◽  
State Of Affairs ◽  
Neoliberal Restructuring

[First paragraph of Introduction]: Until recently the discipline of Public Administration, and the Social Sciences more generally, have been remarkably silent about the role of nonprofit organizations in the provision of ‘public services’ and their contribution toward public benefit. In fact, an understanding of the place which nonprofit organizations play within society has been an ignored subject matter; the state of affairs is such that one commentator has tellingly referred to the voluntary realm as the “invisible sector” (Hall 1997: 74). Keywords: CVSS, Centre for Voluntary Sector Studies, Working Paper Series,TRSM, Ted Rogers School of Management Citation:

scholarly journals Legal basis for appealing decisions, actions or inaction of customs authorities

2020 ◽  
Vol 10 (19) ◽  
pp. 96-103
Author(s):  
Vladyslav Reva ◽  
Keyword(s):  
International Law ◽  
Public Administration ◽  
Necessary Condition ◽  
Public Confidence ◽  
Scientific Article ◽  
Legal Assistance ◽  
Administration Of Justice ◽  
Time Work ◽  
Important Means ◽  
Substantive Law

This scientific article, based on the analysis of international law, states that one of the main provisions in this area should be the principle according to which citizens' appeals against decisions of administrative bodies are grounds for suspending the implementation of this decision. If national law does not provide for this, citizens should be given the opportunity to apply to administrative or judicial authorities to suspend the execution of the contested decision in order to secure their rights and interests. It is proved that the possibility of appealing to customs authorities with complaints about illegal decisions, actions or inaction of their bodies and officials is an important means of protecting the rights of individuals and legal entities in the customs sphere. At the same time, work with complaints strengthens control over the activities of customs authorities, restores public confidence in customs authorities, and also helps to identify shortcomings in the work of customs authorities of organizational or regulatory nature. It is emphasized that the Customs Code of Ukraine provides for two procedures for appeal, namely: appeal against decisions, actions or omissions of customs authorities, their officials and other employees to officials and higher authorities (pre-trial procedure); appeal against decisions, actions or omissions of customs authorities or their officials in court (court procedure). The author reveals the content of this issue in more detail. It is argued that appealing against the actions and decisions of public administration bodies in court is not an easy way. This form of administration of justice requires qualified legal assistance, especially in the preparation of documents. The need to regulate the procedure of administrative appeal in more detail at the legislative level is argued, which is a necessary condition given the need to eliminate the manifestations of subjectivity in the consideration and resolution of complaints, ambiguous application of substantive law. It is also justified to combine the procedure for appealing against decisions, actions or omissions of customs authorities in one normative act.

Neoliberal restructuring and the third sector: reshaping governance, civil society and local relations

2021 ◽  
Author(s):  
B. Mitchell Evans ◽  
John Shields
Keyword(s):  
Social Sciences ◽  
Nonprofit Organizations ◽  
Public Administration ◽  
Third Sector ◽  
Public Benefit ◽  
Working Paper ◽  
The Social ◽  
State Of Affairs ◽  
Neoliberal Restructuring

[First paragraph of Introduction]: Until recently the discipline of Public Administration, and the Social Sciences more generally, have been remarkably silent about the role of nonprofit organizations in the provision of ‘public services’ and their contribution toward public benefit. In fact, an understanding of the place which nonprofit organizations play within society has been an ignored subject matter; the state of affairs is such that one commentator has tellingly referred to the voluntary realm as the “invisible sector” (Hall 1997: 74). Keywords: CVSS, Centre for Voluntary Sector Studies, Working Paper Series,TRSM, Ted Rogers School of Management Citation:

scholarly journals Consular cooperation in third states: Some aspects concerning europanisation of foreign service for EU citizens

2017 ◽  
Vol 1 (1) ◽  
pp. 71-83
Author(s):  
Erzsébet Csatlós
Keyword(s):  
Member State ◽  
Public Administration ◽  
Organizational Changes ◽  
Member States ◽  
Foreign Service ◽  
The Public ◽  
Eu Legislation ◽  
The Right ◽  
Substantive Law ◽  
The Eu

The EU does not aim to harmonize the public administration of Member States, although, in recent years, there have been several examples which prove that EU legislation in whatever policy inevitably and unavoidably results in some standardization. In 2015 the EU replaced its former decision with a directive to enhance Member States to co-ordinate consular assistance in third States. Every EU citizen has the right to enjoy, in the territory of a third State in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State. This provision of Article 23 of TFEU not solely requires the cooperation of administrative authorities of foreign service but implicitly means a kind of harmonization of substantive law, leads to organizational changes and affects administrative procedural rules of Member States.

scholarly journals PERADILAN TATA USAHA NEGARA DALAM KONTEKS UNDANG-UNDANG NO. 30 TH. 2014 TENTANG ADMINISTRASI PEMERINTAHAN

2015 ◽  
Vol 4 (1) ◽  
pp. 51 ◽  
Author(s):  
Philipus M Hadjon
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Court System ◽  
Conceptual Approach ◽  
Question Mark ◽  
Government Administration ◽  
Judicial Practice ◽  
Starting Point ◽  
The Common ◽  
Substantive Law

Act No. 30 Year 2014 on Government Administration (UU AP) instead of administrative law. The concept of public administration (AP) in Article 1.1 is governance in the decision and / or action by the official agency and / or government. When compared with the Dutch Algemene wet Bestuursrecht (AWB), it seems obvious differences. AWB moved from the concept of administrative law (bestuursrecht) while the AP is the starting point of government  dministration. That in AP there are aspects of administrative  law, but the concept of administrative law is confusing. On the basis, the common explanations of AP stating AP Act is a substantive law of the State Administrative Court system becomes a big question mark. AP Act provisions concerning Administrative Court is not based on a clear conceptual approach. On the basis, AP Act concerning Administrative Court is very difficult to apply in judicial practice as well as vague concepts is also contrary to the concepts of administrative law. Keywords: Judicial, Administrative Court, Act No. 30 Year 2014 on Government Administration

scholarly journals Interpretation of the Principle of Informing Parties in Polish Administrative Proceeding – Conclusions and Postulates

2018 ◽  
Vol 18 (1) ◽  
pp. 231-239
Author(s):  
Andrzej Bisztyga ◽  
Katarzyna Płonka-Bielenin
Keyword(s):  
Public Administration ◽  
Social Assistance ◽  
Sufficient Reason ◽  
Administrative Procedure ◽  
The Subject ◽  
Administrative Proceeding ◽  
Family Benefits ◽  
Administrative Proceedings ◽  
Substantive Law

Summary The principle of informing parties in the Polish administrative procedure is specified in Article 9 of the Act of 14 June 1960, the Code of Administrative Procedure. Public administration bodies are obliged to duly and comprehensively inform the parties on the factual and legal circumstances that may affect the determination of their rights and obligations being the subject of administrative proceedings. The authorities ensure that the parties and other persons involved in the proceedings do not suffer damage due to ignorance of the law, and for this purpose they provide them with necessary explanations and instructions. In administrative proceedings, not the principle of ignorantia iuris nocet the obligation of the authority, resulting in particular from Articel 9 CAP is to inform the party about the factual and legal circumstances that may affect the determination of rights and obligations that are subject to current or potential behavior. This principle applies in particular to proceedings in the field of social assistance and proceedings in the field of family benefits, where a specific law is shaped in accordance with the activities of the party. It should be assumed that a breach the party‘s information rules is an intrinsic and sufficient reason for repealing the decision, even if it is in accordance with substantive law.

Hospitals: N.Y. Appellate Court Denies Move to Privatize Public Hospital

1999 ◽  
Vol 27 (2) ◽  
pp. 202-203
Author(s):  
Robert Chatham
Keyword(s):  
New York ◽  
New York City ◽  
York City ◽  
Public Health System ◽  
Municipal Hospital ◽  
The Public ◽  
Public Benefit ◽  
For Profit ◽  
Benefit Corporation ◽  
The City

The Court of Appeals of New York held, in Council of the City of New York u. Giuliani, slip op. 02634, 1999 WL 179257 (N.Y. Mar. 30, 1999), that New York City may not privatize a public city hospital without state statutory authorization. The court found invalid a sublease of a municipal hospital operated by a public benefit corporation to a private, for-profit entity. The court reasoned that the controlling statute prescribed the operation of a municipal hospital as a government function that must be fulfilled by the public benefit corporation as long as it exists, and nothing short of legislative action could put an end to the corporation's existence.In 1969, the New York State legislature enacted the Health and Hospitals Corporation Act (HHCA), establishing the New York City Health and Hospitals Corporation (HHC) as an attempt to improve the New York City public health system. Thirty years later, on a renewed perception that the public health system was once again lacking, the city administration approved a sublease of Coney Island Hospital from HHC to PHS New York, Inc. (PHS), a private, for-profit entity.

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