scholarly journals The Simplification of Procedures in Portuguese Administrative Law

2022 ◽  
Vol 12 (1) ◽  
pp. 9
Author(s):  
João Tiago Silveira ◽  
Tiago Fidalgo de Freitas ◽  
Gonçalo Fabião ◽  
Miguel Assis Raimundo

The present paper intends to provide an overview and a critical assessment of the administrative simplification policies implemented in Portugal over the past 20+ years. Throughout these decades, the major instruments for administrative simplification have been: (i) Decree-Law n. 135/99, of 22 April; (ii) the Simplex programme; (iii) the 2015 new Code of Administrative Procedure and its 2021 amendment; and (iv) the COVID-19 legislation. Although Decree-Law n. 135/99 (i) was the first attempt to specifically address simplification, it was a very thin one. The Simplex programme (ii), created in 2006, was the first cross-sectoral robust policy of simplification; its motto is “the simpler the better” and it encompassed reforms in all government areas aiming at cutting red tape, promoting administrative efficiency, and making the citizens’ and the corporations’ lives easier when dealing with State. The new Code of Administrative Procedure (iii), approved in 2015, brought about specific normative solutions to simplify procedures, namely, prior communications, administrative assistance, procedural conferences, and the electronic one-stop shop. Finally, the COVID-19 legislation (iv) was made necessary by the COVID-19 pandemic and by the fact that public health restrictions made it impossible for citizens to establish personal contact with the administration in many cases.

Author(s):  
Manuela MORA RUIZ

LABURPENA: Administrazio Zuzenbidea erreformatzeko eta/edo modernizatzeko abian diren prozesuek dauzkaten printzipioen artean, Administrazioa sinplifikatzean datzana funtsezkoa da. Nazioarteko erakundeak Administrazioa sinplifikatzeko tresnak bultzatzen ari dira, eta gure inguruko herrialdeak hainbat modutara ari dira printzipio hori aplikatzen, administrazio-prozeduran zuzenean txertatuta. Lan honetako azterketa Zuzenbide konparatuan oinarritzen da, Portugalen administrazio-sinplifikazioa zer-nola txertatu duten begiratuz. Ikuspegi horretatik, Portugaleko ordenamendu administratiboa erreferente gisa har daiteke, bai administrazioa sinplifikatzeko egiazko politika diseinatzeagatik, bai administrazio-prozeduraren bidez teknikak positibatzeagatik, agerian jarriz erakunde hori oso egokia dela Administrazio Zuzenbidearen funtsezko aldaketak islatzeko. RESUMEN: La simplificación administrativa constituye un principio clave en los procesos de reforma y/o modernización del Derecho Administrativo que se están planteando en la actualidad. Los instrumentos de simplificación administrativa se están impulsando desde organizaciones internacionales, y están siendo acogidos de manera diversa en los países de nuestro entorno, proyectándose directamente sobre el procedimiento administrativo. Este Trabajo pretende un estudio de Derecho Comparado en torno a la incorporación de la simplificación administrativa en Portugal. Desde esta perspectiva, el Ordenamiento administrativo portugués puede considerarse un referente tanto en el diseño de una auténtica política de simplificación administrativa, como en la positivación de sus técnicas a través del procedimiento administrativo, poniendo de manifiesto la idoneidad de esta Institución para reflejar cambios fundamentales del Derecho Administrativo. ABSTRACT: Administrative simplification is one of the keys of the process of modernization of Administrative Law nowadays. The simplification techniques and instruments are taking place in administrative procedure because of the International Organizations’ interest and the resultant implementation process is different from one country to another. Therefore, this Paper aims to present a comparative study of the Portuguese Administrative Law regarding the bases and instruments of administrative simplification, so that Portugal can be considered as a reference in order to design a public policy of simplification and to incorporate its techniques in administrative procedure. From this point of view, we should remark how administrative procedure is a basic institution to reflect the changes of Administrative Law with regard to the principle of administrative simplification.


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 1758-1769
Author(s):  
Vidisha Madonna D’Souza

Television News has been a resorted platform for Indian viewers over the past decades. A majority of Indian viewers are known to trust this platform for its highly expected one-stop, credible, professionally opinionated sense of reporting.  News channels have become platforms for celebrity journalists and anchors to exercise their authority. News organisations have become backbones of information and public opinion and journalists and their organisational agenda have taken this forward.  With bold and competitive strategies used to enable news presentations, it is essential to examine and recognize existing Television news narrative conventions and practices that have gained momentum in recent years. Through a qualitative analytical approach taken for this research study, it is clear that narrative conventions exist and modify, thus producing fashionable and modernized forms of presentation techniques during prime time. With a clear organisational norm and genre of discourse shared by Indian English television channels today, the paper highlights persisting organisational norms, unconventional discourses, rhetoric (audio and visual) and music – a contributing element as existing contributors of narrative conventions. 


2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev

The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.


1969 ◽  
pp. 315
Author(s):  
H. W. Arthurs

The lawmaking process has diffused substantially in the past years, resulting in an increasing maze of departmental subordinate legislation. This phenomenon has not been accompanied by parallel development of controls resulting in complaints about "bureaucracy", red-tape, inaccessability, and poor draftsmanship, and in demands for review and control. Professor Arthurs recognizes the practical inevitability of the system, but discusses the present situation critically, suggesting reforms which might help to make the regulatory process more compatible with "participatory democracy".


2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Donaldson C. Lee ◽  
Alexander M. Kofskey ◽  
Nikhi P. Singh ◽  
Timothy W. King ◽  
Paul D. Piennette

Abstract Background The COVID-19 pandemic significantly impacted residency recruitment in 2020, posing unique challenges for programs and applicants alike. Anesthesiology programs have adopted alternate methods of recruitment, including virtual open houses and social media, due to limiting personal contact rules implemented by AAMC. This study was undertaken to determine the frequency of virtual events hosted and social media accounts created by programs. Methods Anesthesiology residency programs and departments were examined for social media presence on Twitter, Instagram, and Facebook. Programs’ websites and social media posts were reviewed for virtual open house opportunities. Available sub-internships were collected from the Visiting Student Application Service database. Data was collected after 2020–2021 pre-interview recruitment in October 2020. Results Of 153 total anesthesiology residency programs, 96 (63%) had some form of social media presence. The platforms of choice for programs with social media accounts included Twitter (71, or 46%), Instagram (67, or 44%), and Facebook (47, or 31%). Forty of seventy-six residency-affiliated accounts were created after March 1, 2020; Instagram accounts (26 of 40) represented most of these. Most Anesthesiology programs (59%) offered virtual open houses for prospective applicants. Twitter (25%), Instagram (22%), and Facebook (8%) were used by programs to advertise these events. Conclusions Social media presence of anesthesiology residency programs has grown steadily over the past decade, with exponential growth experienced in 2020. This data suggests that anesthesiology residency programs are employing new, mostly virtual, methods to reach prospective applicants during an unprecedented application cycle amidst the COVID-19 pandemic.


2016 ◽  
Vol 33 (6) ◽  
pp. 825-850 ◽  
Author(s):  
Irene R.R. Lu ◽  
Louise A. Heslop ◽  
D. Roland Thomas ◽  
Ernest Kwan

Purpose Country image (CI) has been one of the most studied topics in international business, marketing, and consumer behaviour of the past five decades. Nevertheless, there has been no critical assessment of this field of research. The purpose of this paper is to understand the status and evolution of CI research. Design/methodology/approach The authors review 554 articles published in academic journals over 35 years. The authors examine publication, authorship, and research procedure trends in these articles as an empirical and quantitative assessment of the field. The authors identify weaknesses and strengths, and the authors address disconcerting and encouraging trends. Findings The authors find a number of laudatory trends: CI research is becoming less US-centric, more theory driven, more sophisticated in methodology, evaluating more diverse product categories, and making use of multiple cue studies. There are, however, two major methodological concerns: poor replication and questionable generalizability of findings. The authors also noted the influence of CI articles has been decreasing, as well as their rate of publication in top tier journals. Originality/value Since the authors present data that reflect actual practices in the field and how such practices have changed across time, the authors believe the study is of substantial value to CI researchers, journal editors, and instructors whose curriculum includes CI. The critical assessment and subsequent recommendations are accordingly empirically justified.


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