scholarly journals Cross-border public administration

2019 ◽  
Vol 52 (1-2) ◽  
pp. 74-89
Author(s):  
Roman Melnyk ◽  
Anna Barikova
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Framework ◽  
Public Governance ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
Cross Border ◽  
Traditional Societies ◽  
The Cross

Institutional, teleological and consensual blockchain jurisdiction manifestations have been articulated in the activities of the public administration concerning interventional, contributory, protective, delegated, executive and efficient public administration. The authors have revealed the service format of functioning and synergy of the cross-border interaction of public administration within horizontal and vertical relations with the subjects of public and private law. Legitimacy of transformational remodelling of power, as well as the specifics of the values intercourse in information and traditional societies in the framework of implementing the powers of cross-border public administration through the simulation category. The paper highlights the functioning dynamics of cross-border public administration in the external and internal dimension in terms of using such instruments of public administration, as regulatory and administrative acts, acts-plans, acts-actions, administrative contracts. Fundamental influence of technological innovations on the public service activities of public administration has been proved in a transboundary perspective to achieve the rule of law, the maximum legal certainty of streamlining the process of public governance. Institutionalization of the synergetic paradigm has been established for using the tools of public administration within the blockchain jurisdiction to properly implement the cross-border competence of public administration, which will contribute to the adaptation of national law to the supranational legal framework. The authors have specified that, with proper implementation of the competence of cross-border public administration within the blockchain jurisdiction, there is a ‘self-propelled’ system with a measurable number of variables for institutionalization of such an organizational structure, which could be self- reproducible in the presence of corresponding internal and external links with the allocation of order parameters

scholarly journals La revisión del modelo de gestión pública : efectos de la reposición del ámbito privado en el marco jurídico público

2011 ◽  
Author(s):  
Julián Torrado Sancho
Keyword(s):  
Rule Of Law ◽  
Public Management ◽  
Legal Framework ◽  
Public Authorities ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
The Status ◽  
Transformation Processes

Los procesos de transformación en la Gestión Pública han actuado en las funciones y organización de la Administración, produciendo cambios que han afectado tanto a las relaciones entre el ámbito público y privado, en el seno de los poderes públicos y sus órganos administrativos, como entre los procedimientos técnicos y jurídicos que los conforman. Una revisión de estos fenómenos lleva a la necesidad de realizar un estudio más profundo y objetivo acerca del papel del marco jurídico público y, especialmente, el régimen jurídico administrativo, ante la necesidad de abrir nuevos enfoques y perspectivas sobre la situación del Estado de Derecho.The transformation processes in public management have acted on the functions and organization of the administration, producing changes that have affected both the relationships between the public and private, within public authorities and administrative bodies, and between technical and legal procedures that conform. A review of these phenomena leads to the need for a more thorough and objective study on the role of public legal framework, especially the administrative legal system, given the need to open up new approaches and perspectives on the status of the rule of law.

The Local Public Administration towards the Measurements of Sustainability and the Cross-Border Cooperation

2020 ◽  
Vol 26 (2) ◽  
pp. 224-227
Author(s):  
Gabriela A. Popoviciu ◽  
Emanuela-Iulia Henț ◽  
Mircea-Sebastian Mancia ◽  
Aurora Mancia
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Reform ◽  
Essential Element ◽  
The Rule Of Law ◽  
The Public ◽  
Cross Border ◽  
Democratic Principles ◽  
Cross Border Cooperation

AbstractThe execution of the reform in the public administration and its foundation on the democratic principles of the rule of law is an essential element of the economic-social reform in Romania. For this we have at hand the legal regulations of the European Charter from Torremolinos (May 20, 1983, Spain) and the Territorial Agenda of the U.E. (Leipzig, May 24-25, 2007). Those consist that territorial cohesion envisages a more special type of relationship, based on solidarity, such as solidarity between territories and regions, or between local and regional. This, according to the aforementioned regulations, should involve ensuring better living conditions and quality of life, oriented towards local and regional potential, regardless of where people live - either in the area of central Europe or on the outskirts of Europe. In this paper, we will start from Europe’s model, from its regions, from the possible cohesion between its territories, and we will focus mainly on the resources available to the cohesion of the inhabited areas of Romania. That is why, this paper attempts to present how, using the principles of organizing local authorities and authorities, means of cross-border cooperation can be established that will lead to a harmonization of interstate.

scholarly journals From the Persuasion of Theory to the Certainty of Law

2018 ◽  
Vol 5 (2) ◽  
pp. 179-202 ◽  
Author(s):  
Saleh Al-Sharieh ◽  
Jeanne Mifsud Bonnici
Keyword(s):  
Quality Of Life ◽  
European Union ◽  
Crime Prevention ◽  
Rule Of Law ◽  
Community Policing ◽  
Legal Framework ◽  
High Quality ◽  
The Rule Of Law ◽  
The Public

This paper analyses the legal bases of community policing under European Union (EU) law and the national laws of England, France, Germany, Italy, Romania and Portugal. Community policing arguably helps the police achieve efficient policing while respecting the requirements of the rule of law, a founding value of the EU, and can be a form of co-operation between the EU Member States under the EU legal framework for crime prevention. Moreover, the law in the selected jurisdictions supports four elements of the community policing model: (1) the public-police partnership in establishing policing strategies and priorities; (2) the public-police partnership for crime prevention and detection; (3) proactive and preventive policing; and (4) the police as providers of high quality services tailored to improve people’s quality of life. These elements are interrelated and interdependent: their holistic legal articulation is necessary for their effective existence.

Oakeshott, Freedom and Republicanism

2005 ◽  
Vol 7 (1) ◽  
pp. 81-96 ◽  
Author(s):  
David Boucher
Keyword(s):  
Rule Of Law ◽  
Institutional Design ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
Political Experience ◽  
Michael Oakeshott ◽  
Civic Virtues ◽  
The Public Sphere ◽  
Civil Condition

It is contended that Michael Oakeshott resists classification in terms of conventional labels of conservative, liberal, right or left, and that it is difficult to incorporate him in discussions of modern liberal theory because his concerns are not with human rights, distributive justice or multiculturalism. It is with reference to the classical republicanism of Rome that Oakeshott's distinctive contribution to political philosophy is illuminated because of his emphasis upon authority, the rule of law and freedom as non-domination. These are the very features that Oakeshott highlights in his lectures on the ‘Political Experience’ and ‘Political Thought’ of the Romans. Oakeshott values the distinction that the Romans, but not the Greeks, made between public and private, but unlike later republicans he does not associate the public sphere exclusively with political participation and civic virtues. One may contribute just as significantly to the public concern by being a music-hall entertainer. Oakeshott is clearly differentiated from modern instrumental republicans who in his view would be rationalists obsessed with institutional design and with viewing the civil condition as an enterprise association.

scholarly journals Prawo administracyjne prywatne. Propozycja nowego terminu w siatce pojęciowej polskiego prawa administracyjnego

2018 ◽  
Vol 114 ◽  
pp. 149-165
Author(s):  
Witold Małecki
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Legal Framework ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Protective Measures ◽  
Public And Private ◽  
The Public

PRIVATE ADMINISTRATIVE LAW. THE PROPOSAL OF A NEWDistinction of the set of norms called ,,private administrative law” is conditioned by the recognition that the theorem on the public-law affiliation of administrative law is of typological relevance, not of classification relevance — in every branch of law also in administrative law it is possible to distinguish, in various proportions, norms of public and private law. The norms of private administrative law set the legal framework for public administration to use forms of activity that traditionally belong to private law in a way that prevents “escape to private law”, fusing private-law forms of activity and public-law protective measures. Public procurement law is presented as a model area of legal regulation within the scope of private administrative law.

scholarly journals LAW AND ORDER AND CORRUPTION: PRESENT-DAY CHALLENGES

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Юрий Трунцевский ◽  
Yuriy Truntsevskiy ◽  
Дина Гехова ◽  
Dina Gekhova ◽  
Ольга Муратова ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Conflict Of Interest ◽  
Educational Institutions ◽  
Law And Order ◽  
Present Stage ◽  
Public And Private ◽  
The Rule Of Law ◽  
Transparency International ◽  
The Public ◽  
Scientific Ideas

The article examined the following aspects: universal means of countering corruption in the various legal systems; the main directions of the state anti-corruption policy at the present stage; criminological features of crime of corruption, as well as theoretical and practical issues related to increasing of the efficiency of mechanisms for the settlement of competing interests. The scientific ideas and new approaches of the anti-corruption efforts were identified and formulated by the participants of the Fifth Eurasian Anti-Corruption Forum “Law and Order and Corruption: Modern Challenges”, held in Moscow on 20 — 21 April 2016. The annual Eurasian Anti-Corruption Forum is traditionally attended by representatives of international and foreign organizations (IACA, FATF, OECD, EAG, Transparency International, UNCAC), the federal and regional governmental bodies, scientific and educational institutions and leading Russian and foreign experts. The main Forum’s goals — understanding of fundamental scientific and actual problems of realization the principles of the rule of law in the formation of international and national anti-corruption strategies, as well as the discussion of the problems relating to overcoming of the prerequisites of conflict of interest and corruption practices in the public and private spheres.

Representative Public Administration as the Modelling Behaviour for the New Bureaucracy

2014 ◽  
Vol 11 (1) ◽  
pp. 51-79
Author(s):  
Mirko Pečarič
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Present Situation ◽  
Representative Bureaucracy ◽  
Public Servants ◽  
Public Funds ◽  
The Rule Of Law ◽  
The Public ◽  
Widespread Belief ◽  
Merit System

There is a widespread belief that the states and markets are not the omnipotent institutions. Although public participation is gaining importance, this paper argues that in the present situation liberal and democratic elements can be fastest achieved by promotion of values in the public administration. The idea is built on a notion of active representative bureaucracy, while passive representation of the society should be still under the rule of law and/or merit system of hiring public servants. The proposed strategy in a time of austerity is somehow illogical, but it could be efficient: more public funds should be given in education, (re)training and practical experiments of the good practices from other states should become more relevant. Although in our time – when reductions of public funds and dismissals of employees are present – it will be difficult to achieve this goal, we should not forget that humanity has never depended on finances; the public trust, awareness, faith and other values are all the more needed in the time of crisis. We should start from ourselves as individuals to proceed towards the benefits of community.

scholarly journals May, Should, or Do, Administrative Judges Participate in the Management of the Public Sphere in the Rule of Law?

2019 ◽  
Vol 33 (1) ◽  
pp. 65-75
Author(s):  
Adam Szot
Keyword(s):  
Civil Rights ◽  
Public Sphere ◽  
Public Administration ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
The Public ◽  
Management Processes ◽  
Individual Decisions ◽  
The Public Sphere ◽  
Fundamental Values

Abstract The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and (regardless of the answer to this question) whether such participation is allowed or (even) necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

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