scholarly journals ADMINISTRATIVE APPEAL

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Barjam Gjishti
Keyword(s):  
Public Administration ◽  
Legal Person ◽  
Central Administration ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Functions ◽  
State Administration ◽  
Administrative Procedures ◽  
The Right ◽  
First Time

The term public administration in the Albanian legal system identifies the group of state administration bodies / public entities that contribute to the performance and functioning of state administration in matters of its competencies. The provision for the first time defined by the bodies that are part of the public administration is Article 3 of the Code of Administrative Procedure, 1999, repealed by the new Administrative Procedure Code, which provides in Article 3, point 6, “the public organ” bodies that are part of the public administration are those exercising administrative functions. The new Code of Administrative Procedures shall designate as a public administrative body any central administration body, local authority, law enforcement authorities, as long as they perform administrative functions, public entities and any natural or legal person who has been given by law, statute or any other form provided by the legislation in force, the right to exercise administrative functions. All public bodies that do not exercise administrative functions are excluded from this definition.

scholarly journals The main stages in the development of the official administration in Hungary

2020 ◽  
Vol 54 (2) ◽  
pp. 833-856
Author(s):  
Zoltán Józsa
Keyword(s):  
Public Administration ◽  
The Public ◽  
Window System ◽  
Straight Line ◽  
State Administration ◽  
Service Oriented ◽  
Administrative Procedures ◽  
The Government ◽  
Historical Comparative ◽  
Historical Periods

After a brief outline of the past, the study focuses on the three main elements of public administration: the organization, the tasks and competences, and the characteristics of the staff. Different but complementary research methods (historical, comparative and dogmatic) show the changes in the management and operation of state administration over historical periods. The formal, subordinated administration has gradually given way to a customer-friendly, service-oriented administration. The corresponding organizational framework is the government window system, while the institutions the Act of General Administrative Procedures provide the opportunity to implement fast, cheap and efficient state services. The commitment, skills, and professionalism of the public administration staff remain the most important factor for the realisation of a modern, service-oriented state. Changes like state administration are not straight-line, but the tendency is the strengthening of the help and service image.

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 Mediator w postępowaniu administracyjnym

2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 117-131
Author(s):  
Wiktor Trybka
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Mediation Process ◽  
Applicable Law ◽  
The Public ◽  
Administrative Procedure ◽  
Case Files ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

Amending the Code of Administrative Procedure, the legislator decided to introduce the possibility of conducting mediation proceedings. A mediator may be a natural person who has full legal capacity and exercises full civil rights. The mediator’s role is to ensure the conduct of the mediation process. They have the responsibility to stimulate the initiative of the parties by means of appropriate mediation techniques, as well as to create an appropriate climate of conversation, based on mutual trust and respect. The mediator uses procedural rights, which include: the right to read the case files and the right to remuneration and reimbursement of expenses related to mediation. The Code of Administrative Procedure also imposes procedural obligations on the mediator: it must maintain impartiality in the conduct of mediation and draw up a report on mediation. Participants in the mediation are also parties of the administrative proceedings and a public administration body. The task of the public administration body is to determine whether the arrangements made by the parties with the participation of the mediator fall within the scope of the generally applicable law.

scholarly journals El derecho a la desconexión digital en el ámbito laboral

2019 ◽  
pp. 130-149
Author(s):  
Eduardo Enrique TALÉNS VISCONTI
Keyword(s):  
Work Environment ◽  
Public Administration ◽  
Positive Impact ◽  
Daily Life ◽  
Private Sphere ◽  
The Public ◽  
The Right ◽  
First Time

Laburpena: Zalantzarik gabekoa da atseden egokiak eragin positiboa duela gure eguneroko bizitzan. Lan-giroa, batzuetan, estresa, urduritasuna eragiten duten fokuetako bat izan daiteke eta, azken finean, langileen osasunean eragina izan dezake. Patologia hori agerian uzteko moduetako bat teknologien eraginpean gehiegi jartzea izan daiteke, "technoestrés" bezala ere ezaguna. Horren adibidea hauxe dugu: enplegatzaileak langileei atseden-orduetan, baimenetan edo oporretan igortzen dizkien deiak, mezu elektronikoak eta mezuak. Abenduaren 5eko 3/2018 Legeak lehenengo aldiz arautu du gure herrialdean deskonexio digitalerako eskubidea. Aipatu eskubidea langile publikoei aplikatzen zaie, eta Langile Publikoen Oinarrizko Estatutuan ere aldaketaren bat eragin du. Azterlan honetan, deskonexio digitalerako eskubidea aztertuko dut; izan ere, eskubide hori eremu pribatuan nola Administrazio Publikoan zerbitzua ematen duten langileei dagokie. Resumen: Es un hecho incuestionable que un adecuado descanso repercute positivamente en nuestra vida diaria. El entorno laboral puede ser, en ocasiones, uno de los focos de que producen estrés, nerviosismo y que, en definitiva, pueden repercutir en la salud de las personas trabajadoras. Una de las formas en las que se manifiesta esta patología puede venir de la mano de una sobreexposición a las tecnologías, también conocido como “tecnoestrés”. Esto puede venir provocado por las llamadas, correos y mensajes que el empresario manda al trabajador durante sus horas de descanso, permisos o vacaciones. La reciente Ley 3/2018, de 5 de diciembre, regula por primera vez en nuestro país el derecho a la desconexión digital. En el presente estudio analizaré el derecho a la desconexión digital, aplicable tanto para los trabajadores que prestan sus servicios en el ámbito privado como en la Administración Pública. Abstrac: It is an unquestionable fact that adequate rest has a positive impact on our daily life. The work environment can sometimes be one of the sources of stress, nervousness and, ultimately, can affect the health of workers. One of the ways in which this pathology manifests may come hand in hand with overexposure to technologies, also known as "techno-stress". This can be caused by the calls, emails and messages that the employer sends to the worker during their rest hours, permits or vacations. The recent Law 3/2018, of December 5, regulates for the first time in our country the right to digital disconnection. In the present study I will analyze the right to digital disconnection, applicable both for workers who provide their services in the private sphere and in the Public Administration.

Curarsi in Europa è possibile? Come e se il decreto sull’assistenza transfrontaliera n. 38/2014 condizioni e ostacoli l’esercizio del diritto alla salute / Is it possible to care themselves in Europe? How and if the decree on cross-border healthcare no. 38/2014 affects and hinders the right to health

2017 ◽  
Vol 66 (2) ◽  
pp. 209-229
Author(s):  
Nicola Posteraro
Keyword(s):  
Public Administration ◽  
Right To Health ◽  
Prior Authorization ◽  
Discretionary Power ◽  
Right To Health Care ◽  
The Public ◽  
Cross Border ◽  
The Poor ◽  
Administrative Procedures ◽  
The Right

Questo lavoro analizza il decreto legislativo del 4 marzo 2014, n. 38 sulle cure transfrontaliere. Le norme del decreto sembrano garantire il diritto alla salute, perché stabiliscono che non esiste l’obbligo di ottenere una autorizzazione da parte dell’amministrazione, prima di poter espatriare al fine di ottenere le cure all’estero. Esse, però, al contempo, svantaggiano i meno abbienti, perché approntano un sistema di assistenza indiretta e precisano che gli amministrati possono ottenere il rimborso delle spese sostenute solo nei limiti dei costi che la prestazione avrebbe avuto se fosse stata eseguita nel territorio di provenienza. Inoltre, quando introducono la eccezionale necessità di una previa autorizzazione, attribuiscono alla p.A. un potere fortemente discrezionale. Infine, non chiariscono alcuni aspetti relativi ai procedimenti amministrativi da attivare per ottenere il rimborso e non regolano in modo adeguato i rapporti con il regolamento CE n. 883/2004. Esiste davvero un diritto alle cure oltre lo Stato? ---------- This work analyzes the Italian Legislative Decree of 4 March 2014, n. 38, about the cross-border healthcare. The provisions seem to guarantee the right to health, because they state that the patients have not to obtain an authorization from the administration, before being able to get treatment abroad. At the same time, they disadvantage the poor, because they establish a system of indirect assistance and they specify that individuals may obtain only the reimbursement of the costs that the service would have incurred if it had been performed in the territory of origin. In addition, when introducing the exceptional need for prior authorization, they confer to the public Administration a highly discretionary power. Finally, they aren’t clear when they regulate the aspects of the administrative procedures. Is there really a right to health care over the state?

scholarly journals PUBLIC ADMINISTRATION INSTRUMENTS FOR OF ACQUISITION OF THE RIGHT TO PROVIDE ELECTRONIC TRUST SERVICES

2019 ◽  
pp. 5-9
Author(s):  
N. Bilotserkovets
Keyword(s):  
Public Administration ◽  
The State ◽  
The European Union ◽  
Administrative Procedure ◽  
Legal Method ◽  
The Status ◽  
National Bank ◽  
Administrative Procedures ◽  
The Right ◽  
Regulatory Powers

The purpose of the article is to analyse the peculiarities of the use of public administration instruments for the acquisition of the status of qualified electronic trust services providers by private individuals, as well as to identify the shortcomings of these instruments application by public administration bodies. The author aims to develop proposals for bringing relative administrative procedures in accordance with the acquis communautaire. The author applies methods and techniques of logic. Thus, the method of analysis is used to identify those tools that are used specifically in the legal relationship for providing electronic trust services. The author also uses the comparative legal method to analyse the foreign experience of using public administration tools during administrative procedures for obtaining the right to provide trust services. The results of the study gives a possibility to outline the system of public administration tools used in the area of the acquisition by legal entities the right to provide the qualified electronic trusted services. Among such tools, the author identifies administrative acts, administrative contracts and acts of commission. It has also been established that the Ministry of Justice of Ukraine and the National Bank of Ukraine as the national regulatory bodies in this sphere are entitled to make decisions on the registration of a person in the Trustee list. Whereas certain technical powers in this administrative procedure are assigned to the State Service for Special Communications and Information Protection of Ukraine. The author comes to a conclusion that the system of public administration institutions in the area of providing trust services in Ukraine doesn't comply with the principles of constructing a system of such entities in the European Union. The author proposes to implement institutional and functional reforms through depriving the Ministry Justice of Ukraine and the National Bank of Ukraine of their regulatory powers for the adoption of administrative acts aimed at the execution of a private person's right to provide electronic trust services and delegating these powers exclusively to the State Special Communications Service of Ukraine.

The Requirements and Limits of the Codification of Administrative Procedures in Slovenia According to European Trends

2016 ◽  
Vol 41 (3-4) ◽  
pp. 427-461 ◽  
Author(s):  
Polonca Kovač
Keyword(s):  
National Level ◽  
Legal Protection ◽  
Constitutional Court ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Special Rules ◽  
Eastern European Countries ◽  
The Right ◽  
Procedural Rights

In regulating administrative procedures, legislators at the national and European levels should devote special attention to the codification of procedural rights in administrative relations that are recognized as European principles of good administration. Furthermore, there is a normative issue to be addressed between a more or less centralized general codification, with common minimum standards applying in any kind of administrative relation, and the admissibility of special procedural rules adapted to the specifics of individual administrative areas. A comparative analysis of the Slovenian General Administrative Procedure Act and eu standards regarding principles of administrative procedures is conducted in order to identify the role of principles, such as the right to be heard, the right of access to information, and the right to legal protection, on the national level. An additional analysis of the case law of the Slovenian Constitutional Court shows that the general codification of respective procedural rights is indispensable in pursuing the principle of the equal protection of rights. The Slovenian case can serve as a model for other, especially Eastern European, countries. The author argues that there is a need for general codification, which should not be overly detailed, but which should still serve the basic objectives of administrative procedures, namely ensuring substantive rights and the most important legal interests of the parties, in addition to guaranteeing effective protection of the public interest. At the same time, special rules should be allowed as exceptions in order to regulate sector-specific aspects, while nonetheless ensuring that such rules remain in compliance with European and constitutional procedural principles.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

RETHINKING MODEL BISNIS PEMERINTAH DESA: KASUS PADA BADAN USAHA MILIK DESA DI KABUPATEN BANYUMAS, INDONESIA

2018 ◽  
Vol 16 (1) ◽  
pp. 93-102
Author(s):  
Muhammad Husnul Maab ◽  
Shadu S. Wijaya ◽  
Zaula Rizqi Atika ◽  
Denok Kurniasih
Keyword(s):  
Public Administration ◽  
Rural Community ◽  
Fundamental Difference ◽  
Public Enterprise ◽  
Business Sector ◽  
Social Business ◽  
The Public ◽  
Sector Model ◽  
The Government ◽  
The Right

The emergence of rural community owned enterprises khown as BUMDes has been in line with evolution of public administration pradigm, from OPA to NPM who implemented in local government. Local potency development becomes a substantial aspect to improving local competitiveness. Hence, BUMDes formation is one of the models financial capacity to develop local potency in rural level. The aim is comparing traditional and public enterprise based management in local potency management. The results show that there is a fundamental difference in the management of local potency in rural level. Consequently, We argue that has been on the right track, the evolution of the government business model to the public enterprise for the management of local potency in rural level. Evolution of BUMDes is from a bureaucratic to the business sector model, but as a social business not profit maximizing businesses.

Sign in / Sign up

Export Citation Format

Share Document