scholarly journals Porozumienia samorządowe z udziałem jednostek samorządu terytorialnego na tle innych form działania w sferze administracji publicznej

2019 ◽  
Vol 28 (2) ◽  
pp. 75
Author(s):  
Kamil Sikora
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Public Law ◽  
Government Structure ◽  
The Public ◽  
Legal Provisions ◽  
Legislative Body ◽  
Civil Contract ◽  
Different Levels ◽  
Executive Body

<p>Among the administrative arrangements (<em>porozumienia administracyjne</em>), one should distinguish a category of local-government arrangements (<em>porozumienia samorządowe</em>), i.e. those involving local government units. In the first place, it should be distinguished vertical arrangements, i.e. arrangements between units of different levels of the local government structure: arrangements between poviats (counties) and communes, between voivodeships (regions) and communes, and between voivodeships and poviats. Secondly, horizontal arrangements i.e. between communes, between poviats and between regions. Local government arrangements are a non-sovereign form of activity of the public administration, entered into with mutual declarations of intent of the parties. The basis for their conclusion is a resolution of the legislative body of a local government unit to agree to cooperate under the local government arrangement, while the very act of the arrangement is concluded by the executive body of the local government unit. The purpose of the local government arrangement is to ensure the fulfilment of a public task, to agree on its implementation and the necessary actions. The entrusting of public tasks by means of a local government arrangement is effected under public law and not by a civil contract. The arrangement relates to the implementation of already existing tasks, defined by specific legal provisions, resulting from the legal-systemic position of the parties to the arrangement, so they do not create new obligations arising from the arrangement concluded.</p>

scholarly journals Scientific Concepts of a Deputy’s Mandate: Apology and Criticism

2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Natalya T. Leonenko ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Scientific Concepts ◽  
Government Structure ◽  
The Public ◽  
Legal Nature ◽  
Historical Comparative ◽  
Representative System

The article studies the genesis of the deputy’s mandate institution. The relevancy of this subject is determined by the imperfection of the legal regulation of the institution under study; absence of clarity in its implementation; modernization of public law relations. The public government structure and the general democracy system largely depend on which type of mandate will be preferred in the Russian representative system. The purpose of the article is the research of the legal nature of the institution of mandate of a deputy of representative public government authorities and various aspects of this problem using formal legal, historical, comparative legal and logical methods.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

Public service bargains and non-partisan ministerial advisors: servants of two masters

2020 ◽  
pp. 002085232095521
Author(s):  
Rose Cole
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Single Agent ◽  
Public Servants ◽  
Distinct Subgroup ◽  
The Public ◽  
Administrative Reforms ◽  
Administrative Action ◽  
Research Article ◽  
Different Levels

To what extent can the public service bargain framework be applied to non-partisan ministerial advisors? Public service bargains are defined as ‘explicit or implicit agreements between public servants – the civil or uniformed services of the state – and those they serve’. The public service bargain framework has increasingly been used as an analytical tool with which to examine the elements of the bargain as experienced by various actors in different jurisdictions. The elements of the public service bargain framework are explored through the experiences of a distinct subgroup of non-partisan advisors – portfolio private secretaries – serving in the politicised environment of ministers’ offices. The minister’s office has been characterised as the ‘purple zone’ where politics (represented by the colour blue) and administration (represented by the colour red) converge to transform political will into administrative action. This qualitative research article: briefly reviews the public service bargain literature; describes the actors and setting; gives voice to their experience of the public service bargain; applies the public service bargain heuristic; and reveals new insights into how the public service bargain operates with dual principals. Points for practitioners The public service bargain framework allows for dual principal–single agent relationships within public administration settings. Applying the public service bargain heuristic to this group of non-partisan advisors: enables a view of how the public service bargain operates at different levels (macro, meso and micro); shows that the public service bargain for these advisors has changed over time in response to administrative reforms; and demonstrates that these advisors are professionally and personally affected through the misaligned expectations of dual principals.

Urban Government and Nation Building in East Africa

1971 ◽  
Vol 9 (4) ◽  
pp. 577-592
Author(s):  
Richard Vengroff
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Theoretical Orientation ◽  
Nation Building ◽  
The Political ◽  
Political Systems ◽  
The Public ◽  
Emerging Nations ◽  
Conceptual Clarity ◽  
Micro Level

Recent years have witnessed a rebirth of interest in the study of local government (or local political systems, depending on one's theoretical orientation). This has been especially true among political Scientists seeking to develop new approaches more readily applicable to the political systems of the so-called emerging nations. It has become apparent to an increasing number of research workers that grandiose macro-theory of the Almond variety, while impressive on paper, may be of very little use in the field.1 Thus an attempt is now being made to return to the micro-level in order to gain greater conceptual clarity, and an understanding of behaviour in political situations. Unfortunately much of the new thrust to develop micro-level theory has been hampered by the continuing use of old, and at least partially outdated, tools, or what I have chosen to call (perhaps unjustifiably) ‘the public-administration approach’.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

scholarly journals Brazilian Administrative Law: influences, Characteristics and recent changes

2018 ◽  
Vol 5 (2) ◽  
pp. 1-20
Author(s):  
Irene Patrícia Nohara
Keyword(s):  
Public Administration ◽  
Present Article ◽  
Administrative Law ◽  
Public Law ◽  
Law System ◽  
The Public ◽  
Deductive Method

The present article aims to expose, using the hypothetical-deductive method, the origins and influences of Brazilian Administrative Law. It is a descriptive article that focuses on the main characteristics of the discipline, belonging to the branch of public law. It also seeks to address recent changes to provide an up-to-date overview of the Brazilian Administrative Law system. It tries to explain how the new institutes and the reforms in the matter contribute to the functioning of the Public Administration.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

scholarly journals “HINDRANCES IN THE EXERCISE OF FUNCTIONS” OF ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACTS, CONTROL MECHANISM

2020 ◽  
pp. 78-88
Author(s):  
Stefanos Kareklas
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Control Mechanism ◽  
Administrative Law ◽  
Medium Term ◽  
State Institutions ◽  
The Public ◽  
Legal Provisions ◽  
Legal Remedies ◽  
Principle Of Legality

The article discusses the issues of the availability and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. The article presents various types and categories of problematic decisions. This issue is provided according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality; the author considers other remedies and procedural functions, which can be applied either by the institutions themselves or by the citizens whose rights were negatively affected by the problematic decision. Even though the situation at the legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of extremely defective and illegal decisions, the suspension of which requires time and resources. Whereas the citizens involved have to struggle to maintain their rightful status or even to survive socially and economically. The quantity of such decisions of the administrative and state institutions is reaching a threshold which can be considered risky and dangerous not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.

The Changes of the Roles of the Hungarian Counties: Towards a One and a Half-Tier System?

2014 ◽  
Vol 12 (3) ◽  
pp. 393-415
Author(s):  
István Hoffman
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Service Provider ◽  
Regional Planning ◽  
Public Services ◽  
Central Government ◽  
Public Law ◽  
County Governments ◽  
Tier System ◽  
Definition Of

Several models of the definition of local government competences have been evolved in the modern public law systems. Traditionally the county governments have had an important role in the Hungarian public administration. Although this role was weakened after 1990 the new county governments have had important service provider functions to 2011 which system has been changed by the new Hungarian Municipal Code. The former public services performed by the county governments became the tasks of the central government and partly the functions of the county towns. Thus the counties lost the majority of their functions and they received just narrow competences in regional planning. These tasks were extended by the reforms of 2013 which can be the base of a new “developing county” approach.

THE ESSENCE OF THE PUBLIC LAW ENTITIES

2019 ◽  
Vol 5 (1) ◽  
pp. 237-272
Author(s):  
Krzysztof Chochowski
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Public Law ◽  
Public Affairs ◽  
Public Authority ◽  
Administration System ◽  
The Public ◽  
State Supervision ◽  
Public Rights ◽  
Over Time

Public law entities play a significant role in a democratic legal state and its public administration system. They enable the active participation of an individual in the exercise of public authority and involvement in public affairs. They help to build a civil society and protect against the phenomenon of a crisis of democracy. Above all, however, they serve to protect human dignity as a source of freedom and human and civil rights. For this reason, the issue of determining their essence is important. It is not easy because it has undergone a metamorphosis over time and it is not one category. This article presents considerations regarding the essence of public law entities. It pointed to the necessity of: possession of public rights by entities; recognition of their public-law subjectivity; granting them public authority; owning own cases carried out independently; being subject to state supervision.

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