scholarly journals Legal Regulation of Public Governance in Finland – an Illusion of Predictable Public Administration?

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>


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


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.


2019 ◽  
Vol 15 (4) ◽  
pp. 668-690
Author(s):  
Mauro Zamboni

The Swedish supreme courts as part of the public administration, rather than as independent actors – Political, legal, and administrative reasons behind this positioning – A recent trend shifts the position of the supreme courts – Endogenous forces (e.g. a more ‘conflictual’ political climate) and exogenous reasons (e.g. the increasing importance of the judicial-made EU law) – Swedish supreme courts nearer to being a body with the primary duty of safeguarding the law against the executive and legislative powers – ‘Full’ positioning of supreme courts within the judicial core not an essential institutional requirement for a democracy – Important role of the public administration’s degree of dependence on the legislative power


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.


2019 ◽  
Vol 4 (5) ◽  
pp. 343 ◽  
Author(s):  
Olha Tylchyk ◽  
Yurii Riabchenko ◽  
Oleksandr Popivniak

The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.


2020 ◽  
Vol 29 (1) ◽  
pp. 67
Author(s):  
Anna Dąbrowska

<p>Legislative powers of the Council of Europe have a crucial impact on the domestic legal systems of the EU Member States including substantive administrative law, i.e. such an area of administrative law which defines rights and responsibilities of the public administration bodies and citizens. The legislation created by the Council of Europe’s bodies has a great impact on the areas of law which were earlier regarded as the exclusive responsibility of a given country. The Council of Europe has always been a major source of standard setting. This paper analyses selected areas of substantive administrative law taking into account hard law and soft law documents developed under the auspices of the Council of Europe.</p>


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.


2017 ◽  
Vol 15 (4) ◽  
pp. 85-99
Author(s):  
Marta Woźniak

The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.


2020 ◽  
Vol 11 (4) ◽  
pp. 078-086
Author(s):  
Elena A. Tropinova ◽  

The current stage of digital transformation of public administration involves a combination of technological, economic, and institutional –political factors that are more focused on ensuring organizational readiness to implement changes. The institutional role of change agents is increasing. Digital transformation managers, digital commissioners, and professions that are fundamentally new to the public administration system are designed to ensure the successful implementation of digital technologies in the management process. The article is devoted to the study of the mission of specialists in digital transformation in the implementation of the state program "Digital economy". They are responsible for implementing the principles of agile project management, the core values of open government - service-orientation, self-support, self-organization, and proactive interaction with citizens. The results of the study show that the institutional role of change agents is to enhance reflexivity – the main feature of the digital public governance.


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