scholarly journals STRATEGIC MANAGEMENT AND MANAGEMENT TOOLS FOR NATIONAL PARKS IN SERBIA

2021 ◽  
Author(s):  
Milica Dobričić ◽  
◽  
Milica Maksić Mulalić ◽  
Keyword(s):  
Strategic Management ◽  
National Parks ◽  
Public Interest ◽  
Legal Framework ◽  
Strategy Management ◽  
Nature Protection ◽  
Management Tools ◽  
The Public ◽  
Protection Strategy ◽  
Management Plans

The management of the national parks Tara, Fruška Gora, Djerdap and Kopaonik and the activities of the managers in Serbia are affairs of the public interest. The manner of their strategic management is defined by the legal framework in the field of nature protection and it implies the adoption and the implementation of documents, such as the nature protection strategy, management plans and spatial plans for the special purpose areas. The paper particularly emphasizes the importance of adopting management plans for national parks, as basic documents for their management, as well as their harmonization with the spatial plans for the special purpose areas, as specific instruments for the management of these areas. It points out the importance of establishing governing bodies, such as a professional alliance and a council of users of national parks, which would improve their management and incorporate the interests of local people and users of space. In accordance with the above, this paper aims to point out the importance of strategic management and strategic documents in the field of protection and management of national parks in Serbia and give suggestions for their improvement.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

scholarly journals In the name of the public: Representatives of collective and wider interest of the public in administrative matters in Serbia

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 504-531
Author(s):  
Jelena Jerinić
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Legal Framework ◽  
Interested Party ◽  
The Public ◽  
Administrative Procedure ◽  
Active Approach ◽  
Legal Provisions ◽  
Direct Indication ◽  
Administrative Procedures

Serbian Law on General Administrative Procedure (LGAP) opened a possibility for broadening the standing in administrative procedures and administrative disputes, by inclusion of subjects representing collective interests and interest of the wider public - primarily, citizen associations and similar organizations. However, by failing to regulate a series of concrete issues, the Law places the administration and the Administrative Court before a challenge, demanding from them an extensive interpretation of not only LGAP's provisions, but other legislation already recognizing such organizations as AIDS in realization of the public interest. The author analyzes relevant legislation, as well as available administrative and court caselaw in search of these answers. The lack of explicit legal provisions could be balanced by a creative approach in practice, especially by the Administrative Court. Having in mind comparative solutions, the question arises whether it is necessary to regulate this category of potential parties separately or to link it more explicitly to the already existing notion of an interested party. Instead, completely new notions have been introduced - collective interests and the wider interests of the public - which are not or not consistently defined in Serbian law. The current, not so voluminous case law, shows that the administrative bodies need a more direct indication of the rules, i.e. a more explicit definitions of these terms. However, despite the restrictive legal framework, administrative bodies should be open to understanding the specific circumstances, i.e. the motivation that an organization has when it seeks standing. In the normative sphere, one of the solutions could be to envisage the analogous application of LGAP's provisions on the interested party. Other solutions could be sought in explicitly mentioning them in the provisions on right to appeal. The current formulations of LGAP do not provide sufficient guidance to the administration and an extensive interpretation would be a great challenge for them. An active approach of the Administrative Court could show the way for the administration toward and effective application of these provisions of LGAP.

LEGAL AND REGULATORY FRAMEWORK FOR STRATEGIC MANAGEMENT OF STATE JOINT-STOCK COMPANIES IN UKRAINE

2019 ◽  
Vol 5 (1) ◽  
pp. 225-237
Author(s):  
Iryna Ratynska
Keyword(s):  
Public Sector ◽  
Strategic Management ◽  
State Level ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Decentralized System ◽  
National Legislation ◽  
The Public ◽  
The One

The article analyzes the features of the existing legal framework of strategic management of state joint-stock companies in Ukraine. It was established that Ukraine has formed a regulatory framework for the management of state-owned companies, which is typical for a decentralized system of management of state-owned objects. It was covered that the for-mation of the modern regulatory framework of this activity took place in 3 stages. For all stages, it is characteristic that at each of them long-term planning of development of the public sector of the economy had declarative, exclusively formal character. It was found that on the one hand, in the current national legislation, at the state level of management of joint-stock companies of the public sector of the economy, an unlimited number of too detailed program and forecast documents are recorded. On the other hand, the priority and coordination of such documents have not been established. In addition, the attention is focused on the fact that in the national legislation there was a consolidation of the contradiction between the strategic and operational management of state joint-stock companies.

Möglichkeiten und Grenzen einer strategischen Vergabe öffentlicher Aufträge

2020 ◽  
Author(s):  
Helene Gerhardt
Keyword(s):  
Public Interest ◽  
Constitutional Law ◽  
Public Procurement ◽  
Legal Framework ◽  
Strategic Control ◽  
The Public

To what extent can contracting authorities use criteria that go beyond mere price or cost considerations when purchasing goods, infrastructure or services and thus implement objectives in public procurement proceedings that focus on the public interest or sustainability aspects? The work illustrates the potential as well as the limits and implementation hurdles of such strategic control of public procurement from a legal and practical perspective. Beginning with a chronological view of the legal developments in public procurement, the author examines in detail the current German and European legal framework and sheds light on boundaries under international, EU and constitutional law as well as on leeway for contracting authorities.

scholarly journals The COVID-19 Pandemic: Stress Test for Intellectual Property and Pharmaceutical Laws

2021 ◽  
Author(s):  
Andreas Oser
Keyword(s):  
Public Interest ◽  
Data Protection ◽  
Stress Test ◽  
Legal Framework ◽  
Patent Law ◽  
Market Exclusivity ◽  
Compulsory Licensing ◽  
The Public ◽  
Emergency Situations ◽  
Legal Provisions

Abstract The COVID-19 pandemic poses a challenge to certain standards in patent law as well as in pharmaceutical law. This paper discusses questions as to whether and under what conditions government-ordered or privately claimed compulsory licensing can contribute to controlling the pandemic. The existing obstacles and conflicts under the current legal framework, such as a lack of international harmonization and a lack of coherence between patent law (compulsory licensing) and pharmaceutical law (data protection), are outlined and discussed. A possible solution could lie in a modernization of relevant legal provisions to create an internationally harmonized balance between the public interest in using important patents in the present and in future emergency situations and the interest of patent owners and data and market exclusivity holders in allowing exemptions within clearly defined limits. The article concludes with a discussion of conditions that may influence possible solutions.

scholarly journals MANAJEMEN STRATEGI PEMERINTAH DAERAH DALAM MENINGKATKAN INVESTASI PADA CENTRAL BUSINESS DISTRICT DI KABUPATEN KEDIRI

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Wahyu Setyaningrum
Keyword(s):  
Strategic Management ◽  
Swot Analysis ◽  
Good Governance ◽  
Central Business District ◽  
Strategy Management ◽  
Office Work ◽  
Management Tools ◽  
Work Program ◽  
The Government ◽  
Business District

District/ city regional governments need to seek equal investment and income with other District/ City regions to avoid disparity/ inequality. This study uses strategic management theory and good governance. The research method in this text uses qualitative methods. The Government of Kediri Regency develops its territory to be used as a place of investment by building Gumul Lima Junction Kediri Regency. This effort was carried out with the 2012 KPM (Investment Office) work program. In the work program there was management at KPM in the form of planning, organizing, actuating and controlling. KPM implements strategy management, one of the strategy management tools through SWOT analysis (Strengths, Weakness, Opportunity, and Threats). So far, investors in SLG are still one investor, namely PT. Gumul Paradise Island. This is because it is difficult to get investors because it competes with Kediri City which is more strategically located. KPM in implementing strategic management uses SWOT analysis. Analysis is done by knowing the successes, failures, inhibiting factors, and supporting factors of the organization in carrying out its duties. After that, KPM gets a solution to the problems faced and can carry out the planning and development of work programs to face the challenges ahead. Establishing an atmosphere that is conducive to investing, investors need good and easy services in investing. This research was carried out in 2012, an interesting theme for further research on the development of investment in Kediri Regency.

National park as a legal form of nature protection – analysis of selected issues taking into account the example of the Ojcow National Park

2021 ◽  
Vol 1(23) ◽  
pp. 175-190
Author(s):  
Paweł du Vall
Keyword(s):  
National Parks ◽  
National Park ◽  
Legal Framework ◽  
Global Scale ◽  
Habitats Directive ◽  
European Union Law ◽  
Nature Protection ◽  
Legal Form ◽  
Legal Provisions ◽  
Polish Law

For many years – equally on a global scale, at the European level as well as in Poland – necessary actions have been taken aimed at creating an effective legal framework for nature protection. Nature is protected under international law, European Union law and Polish law. The acts of European law which should be pointed out from the perspective of this article (besides the EU Treaties) are the so-called Birds Directive and Habitats Directive. The Polish Constitution of 2 April 1997 stipulates that the Republic of Poland shall protect the national heritage and ensure environmental protection guided by the principle of sustainable development. In the domestic Polish law, the Act of 16 April 2004 on nature protection constitutes the basic legal act of a statutory rank defining objectives, principles and forms of protection of living and inanimate nature and landscape. The aim of this analysis of selected legal provisions regulating the functioning of national parks in Poland is an attempt to assess whether the existing law effectively protects nature, or whether it is rather a set of demands that are difficult or impossible to implement. This matter is crucial for the existence of such unique areas as the Ojcow National Park. The answer to the question whether the national park – as a form of nature protection – is protected in Poland in an effective way is ambiguous, which is illustrated by numerous examples, several of which are indicated in this article.

Evaluating the Impact of Strategic Management and Strategic Thinking on Performance in the Public Health Sector

2020 ◽  
pp. 231-265
Author(s):  
Zafer Adiguzel
Keyword(s):  
Strategic Management ◽  
Health Management ◽  
Shape Change ◽  
Health Sector ◽  
Strategic Thinking ◽  
Management Approach ◽  
Management Tools ◽  
Business World ◽  
The Public ◽  
Level Of Satisfaction

In the 2000s, change in the business world and pioneering strategies that shape change are becoming the main conditions for superiority in competition. Until recently the traditional management and organization approaches that are in place are inadequate to meet the new expectations coming from change. The aim of this study is to reveal the extent to which the managers of health institutions have adopted the strategic management approach. In this study, it is explained whether the managers have knowledge about strategic management tools which are the basis of strategic management application methods, what strategic management tools they use, their level of satisfaction with these tools and what tools they intend to use in the future. In addition, the changes in the health management managers in the field of strategic management, the priorities in the selection of strategic management tools, the importance of strategic thinking and the effects of strategic management understanding on performance are examined.

Stewardship: From Rhetoric to Reality

1999 ◽  
Vol 3 (2) ◽  
pp. 151-175 ◽  
Author(s):  
Donna W McKenzie Skene ◽  
Jeremy Rowan-Robinson ◽  
Roderick Paisley ◽  
Douglas J Cusine
Keyword(s):  
National Parks ◽  
Public Interest ◽  
Land Reform ◽  
Rural Land ◽  
Discussion Paper ◽  
The Public ◽  
Scottish Parliament ◽  
Private Rights ◽  
Special Scientific ◽  
The Government

Land reform is currently an issue of great importance in Scotland. The Scottish Law Commission has issued a Discussion Paper on Real Burdens and its Report on Abolition of the Feudal System. The Government has indicated that it intends to bring before the Scottish Parliament legislation implementing that report and also legislation on access, the introduction of National Parks in Scotland and the reform of Sites of Special Scientific Interest. The Land Reform Policy Group submitted its final proposals on rural land reform in January 1999 and recommended wide-ranging reforms. An important part of the land reform debate concerns greater recognition of the public interest. One way in which it has been suggested the public interest could be secured is through a redefinition of private rights of ownership and the imposition of an obligation of stewardship on those who own, occupy or otherwise manage land. This article considers briefly the form which such an obligation of stewardship might take, and examines the possible mechanisms by which any such obligation could be incorporated into Scots law and the effectiveness of these possible mechanisms in securing the public interest. It concludes that if the rhetoric of stewardship is to be made into a reality, this can only be achieved by altering the nature of landownership itself.

Analysis of Social Conflicts in Poland’s Soundscape as a Challenge to Socio-Acoustics

2016 ◽  
Vol 41 (3) ◽  
pp. 415-426 ◽  
Author(s):  
Sebastian Bernat
Keyword(s):  
National Parks ◽  
Subjective Assessment ◽  
Legal Framework ◽  
Research Field ◽  
Social Conflicts ◽  
Study Objective ◽  
The Public ◽  
Awareness Campaigns ◽  
Control Programmes ◽  
The Right

Abstract The study objective was to understand the character and location of social conflicts in Poland’s soundscape. The analyses were based on a review of press and Internet articles from the years 2008-2015 and reports on noise, preceded by a review of the legal framework of protection against noise in Poland. Questionnaire surveys concerning Poland’s national parks and health resorts and the city of Lublin were an additional source of information. In the case of the former, the surveys were supplemented with a general examination of the acoustic determinants of social conflicts in the Podzamcze district. An analysis shows that sound in landscape has been a source of more than 100 social conflicts which were most frequently related to unpleasant sounds (noise nuisance) and the right to peace and quiet. The public demands acoustic comfort, one of the determinants of the quality of life. Therefore, it is necessary to know the public opinion on soundscapes (survey of sound preferences). Public consultations concerning the assessment of acoustic disturbance and sound preferences will make it possible to avoid social conflicts arising from insufficient knowledge. A major role is also played by the education of the public and decision-makers through sound awareness campaigns, e.g. as p art of ecology education. The subjective assessment of noise nuisance severity and the acoustic design of public spaces should be an integral part of environmental noise control programmes and revitalisation programmes. The conducted studies demonstrated that understanding the character and location of social conflicts in soundscape is a major scientific problem. Its resolution requires combining sociological studies (questionnaire for the valuation of the subjective feelings of respondents) with field analyses (observations, acoustic measurements). It is a promising research field that has been developed to a limited extent so far.

Sign in / Sign up

Export Citation Format

Share Document