scholarly journals Electronic Communication with Public Administration in the Time of COVID-19—Poland’s Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 685
Author(s):  
Aleksandra Klich
Keyword(s):  
Electronic Communication ◽  
Empirical Method ◽  
Public Authority ◽  
Public Authorities ◽  
Development Fund ◽  
Main Research ◽  
Eu Member States ◽  
Social Fund ◽  
The One ◽  
Administrative Proceedings

The situation associated with the growing number of Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) infections forced ongoing monitoring of the epidemic situation, which entailed an introduction of a number of restrictions and solutions intended to isolate the infected persons on the one hand, and to minimize the risk of development of an epidemic in Poland on the other. Activity of the Polish legislator is also essential, which tried to introduce solutions that would correspond with current expectations and needs. Given the multiplicity of the introduced regulations, interpretation of provisions of statutes has not always been easy. In this paper, the author points to the issues of communication with a public authority by specific reflections on the principles of serving documents on beneficiaries of EU programs under which they were awarded funding for their implementation on the basis of EU regulations addressing the use of the European Regional Development Fund, the European Social Fund and the Cohesion Fund for programs implemented as part of the cohesion policy (Regulations of the European Parliament and of the Council (EU) of 17 December 2013: no. 1303/2013, no. 1301/2013, no. 1304/2013, no 1300/2013, and no. 1299/2013). The author focuses on the issues of communication with an authority in a situation where administrative proceedings are initiated against a beneficiary of EU funds, e.g., for returning the granted funding. The author points to the dynamics of the legislator’s work in this respect by analyzing the rules for serving documents by a public authority on beneficiaries who are public entities and those who are not. The author’s main research aim is to analyze existing provisions establishing the possibility of electronic communication with a public authority, and also to assess them critically due to the extraordinary situation caused by Coronavirus Disease 2019 (COVID-19). This is intended to verify the main research hypothesis focusing on the attempt to answer a question whether existing regulations, and those created at the time of the epidemic threat and the state of epidemic in Poland facilitate citizens’ electronic communication with a public authority. The author aims to answer a question about whether the Polish legislator responds appropriately to the numerous emerging challenges associated with the pandemic and whether it created regulations that effectively ensure the possibility of continuity of contact with a public authority for citizens who are the beneficiaries of public funds. This analysis may contribute to the understanding of whether and how it is possible to improve citizens’ contact with public authorities, which in the future may eliminate barriers and obstacles arising in this regard. The author bases her reflections on the experience resulting from providing legal services for one of the Polish Managing Authorities of the Regional Operational Programme using at the same time a number of research methods (i.e., the method of interpretation of applicable laws to establish applicable provisions of the law that regulate admissibility of electronic communication with a public authority and to establish efficiency of such communication, the analytical method, applied in reference to the relevant state of the art in the achievements of legal scholarship, and the empirical method, based on observation and analysis of practical issues resulting from the author’s cooperation with a Polish managing authority). In her conclusions, the author points to the lack of introduction of comprehensive regulations (also at the EU level—for all EU Member States) in terms of de-formalizing the principles of communication in the course of pending administrative proceedings. The author notices an absence of unambiguous regulations that allow for a scanned document signed by hand and sent my email to be qualified into the category of documents served by electronic means, through use of means of electronic communication. The author assesses this absence negatively due to the fact that such action seems the simplest in a situation caused by COVID-19.

scholarly journals Operation of Public Authorities in the Time of COVID-19 in Poland – Principles of Electronic Communication with the Party and Participants to Proceedings from the Perspective of the Activity of the Managing Authority of the Regional Operational Program

2020 ◽  
Author(s):  
Aleksandra Klich
Keyword(s):  
Electronic Communication ◽  
The State ◽  
Public Authority ◽  
The Other ◽  
Public Authorities ◽  
Operational Program ◽  
The Republic ◽  
The One ◽  
Ongoing Monitoring

On 14 March 2020 the state of epidemic threat was introduced in Poland applicable until 20 March 2020 when the state of epidemic was introduced in the territory of the Republic of Poland. The situation associated with the growing number of SARS-CoV-2 infections forced ongoing monitoring of the epidemic situation, which entailed an introduction of a number of restrictions and solutions intended to isolate the infected persons on the one hand, and to minimize the risk of development of an epidemic in Poland on the other. Activity of the Polish legislator is also essential, which tried to introduce solutions that would correspond with current expectations and needs. In this paper, the author points to the issues of communication with a public authority by specific reflections on the principles of serving documents on beneficiaries of EU programs under which they were awarded funding for their implementation. The author points to the dynamics of the legislator’s work in this respect by analyzing the rules for serving documents by a public authority on beneficiaries who are public entities and those who are not.

The Constitutional Mechanism for the Realization of Social Interest in the Activities of Public Authorities: Organizational and Legal Components

2021 ◽  
Vol 19 (1) ◽  
pp. 1-18
Author(s):  
Nikolay Antsiferov
Keyword(s):  
Social Interest ◽  
Public Authority ◽  
The Other ◽  
Public Authorities ◽  
Other Hand ◽  
Limited Power ◽  
The One

The article is devoted to the problems of the legal organization of public authority in the context of ensuring social interest. Given the idea of constitutionally limited power, the study considers two key elements of the mechanism for ensuring social interest - organizational and legal. The content of these elements is considered in the logic of their relationship with one another. Conclusions are made about their complementarity, on the one hand, and a certain degree of competition, on the other hand, and the problems of collisions between the elements under consideration are also revealed.

scholarly journals MEDIATION IN ADMINISTRATIVE PROCEEDING: MYTH OR REALITY NOWADAYS

2020 ◽  
Keyword(s):  
Administrative Law ◽  
Public Authority ◽  
Modern World ◽  
Public Authorities ◽  
Acceptable Solution ◽  
The Public ◽  
Service Conception ◽  
Administrative Proceeding ◽  
State And Local ◽  
The One

In legal life of the modern world common ways of resolution to the legal disputes (conflicts) are not always efficient, since, as a rule, interests and needs of the one side and sometimes even of the both ones are left unsatisfied. Appeal to the public authorities because of each law conflict results in overloading of courts and administrative authorities. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The article is devoted to reviewing the peculiarities of implementation of the method of mediation in administrative proceeding. It reports on attributes of administrative law conflict and also on peculiarities of conducting the procedure of mediation. Scholarly works of domestic scientists such as Sydelnikov O. D., Krasilovska Z. V., Lysko A., Mazaraki N. A. and others have been devoted to this problematique. Mediation - is a consensual and confidential procedure extrajudicial settlements of conflicts, in which a mediator helps the sides to understand their interests and search efficient ways of achieving mutually acceptable solution. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. It is specified by typical peculiarities for such disputes and also by legal nature of subjects of administrative legal relationship. Exactly because of this, some scientists refer to partial nonmediability of such disputes, as one of the side in this case is always an organ of public authority. Approaching a compromise between public authority and a citizen is a prioritized direction of state and local authority activity. The procedure of mediation can be applied only in certain administrative disputes. In this case it is possible to single out advantages of implementation of the mediation procedure in dealing with administrative law conflict, they are effectiveness, saving funds and time, speed, confidentiality, unloading administrative courts, embodiment the principle of service conception of the state, the principle of the rule of law and proper management.

Sketch of the French Legislation Relative to the Insane

1882 ◽  
Vol 28 (123) ◽  
pp. 356-369
Author(s):  
Achille Foville
Keyword(s):  
Public Authority ◽  
The Other ◽  
Public Authorities ◽  
The Public ◽  
The Past ◽  
Criminal Intent ◽  
The Subject ◽  
Sound Mind ◽  
The One ◽  
Time Required

The conditions established to regulate the admission of patients into lunatic asylums have given rise, in every country, to a great deal of discussion. On the one hand, many unacquainted with medicine are inclined to dread the abuse of the power to confine individuals not really insane under the pretext of insanity, and with more or less criminal intent; therefore these persons contend that admissions to asylums should be preceded by intricate formalities and repeated inquiries, with the interference of some public authority, such as a commission of either judicial or administrative officers. On the other hand, physicians advocate the necessity of prompt recourse to an asylum, not only for the patient's own benefit, but for his family's welfare; they demonstrate that a man labouring under acute insanity cannot be left to himself during the time required to set in motion the working of such complicated machinery as that proposed to be brought into action prior to his admission into a hospital; they further reject all interference of the public authorities to this end, as hurtful to private family feeling and the maintenance of professional secrecy, demanding, likewise, the greatest facilities for easy admission, guaranteed, nevertheless, by any number of subsequent examinations, or other means of inquiry into the case; and, finally, they hold that such supposed illegal confinements do not exist, since it has not been proved that any one really of sound mind has ever been shut up in any asylum, and that, therefore, the liberty of the subject is in no danger whatever. So in this respect we may rest confident, seeing that the past gives us full assurance for the future. Such is, upon the whole, the main point of dispute in every discussion on the subject, which happens to spring up again and again in different countries.

14. Torts

2021 ◽  
pp. 549-598
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
Public Authority ◽  
Tort Liability ◽  
Public Authorities ◽  
Public Office ◽  
Constitutional Principle ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The One

A claim for damages for loss caused by a public authority gives a court the opportunity to do justice for the claimant and also to impose the rule of law on the administration. The challenge is to do both without interfering inappropriately in the administrative pursuit of public goods, and without creating public compensation funds that only a legislature can legitimately create. It is an important constitutional principle that liabilities in the law of tort apply to public authorities, just as to private parties. But there is no general liability to compensate for public action that was unlawful; the impugned conduct must meet the standard requirements of the tort liability of private parties, with the exception of the one public tort: misfeasance in a public office. This chapter discusses trespass to property, statutory liabilities, negligence, misfeasance in public office, and damages under the Human Rights Act 1998.

Borders, Conflicts and Bargaining in Federations and Communities of Governments

2009 ◽  
pp. 83-99
Author(s):  
A. Libman
Keyword(s):  
Economic Policy ◽  
Public Authority ◽  
Modern World ◽  
Main Research ◽  
Research Areas ◽  
Nation States ◽  
Distribution Of Power

Economic policy in the modern world can be treated as an outcome of interaction of multiple territorial centers of public authority: nation-states, subnational and supranational jurisdictions. In the last decades economics has increased its attention to the factors which influence the distribution of power among jurisdictions. The paper surveys two main research areas in this literature: economics of conflicts and theory of endogenous decentralization. It discusses the basic models of both approaches and their modifications applied in the literature as well as factors of conflict formation and bargaining over devolution.

El Prestige: comparativa de los regímenes internacionales de responsabilidad civil

2019 ◽  
Vol 37 (3) ◽  
pp. 31
Author(s):  
Raquel Fernández González ◽  
Marcos Íñigo Pérez Pérez
Keyword(s):  
Institutional Economics ◽  
Geographical Area ◽  
New Institutional Economics ◽  
Rigorous Analysis ◽  
Judicial Process ◽  
Main Research ◽  
Civil Responsibility ◽  
The One ◽  
High Degree ◽  
The Prestige

The return of institutions to the main research agenda has highlighted the importance of rules in economic analysis. The New Institutional Economics has allowed a better understanding of the case studies that concern different areas of knowledge, also the one concerning the management of natural resources. In this article, the institutional analysis focuses on the maritime domain, where two large civil liability regimes for pollution coexist (OPA 90-IMO), each in a different geographical area (United States - Europe). Therefore, a comparative analysis is made between the two large regimes of civil responsibility assignment applying them to the Prestige catastrophe. In this way, the allocation and distribution of responsibilities in the investigation and subsequent judicial process of the Prestige is compared with an alternative scenario in which the applicable compensation instruments are governed by the provisions of the Oil Polution Act of 1990 (OPA 90), in order to establish a rigorous analysis on the effects that the different norms can have in the same scenario. In the comparative established in the case of the Prestige, where the responsibilities were solved very slowly in a judicial process with high transaction costs, the application of rules governed by the OPA 90 would not count with such a high degree of imperfection. This is so, since by applying the preponderance of the evidence existing in OPA 90 there would be no mitigation for the presumed culprits. On the other hand, the agents involved in the sinking would not be limited only to the owner, but also that operators or shipowners would be responsible as well. In addition, the amount of compensation would increase when counting in the damage count the personal damages, the taxes without perceiving and the ecological damage caused in a broad sense, damages not computable in the IMO.

Search for Principle - The Government's Liability in Negligence for the Careless Exercise of its Statutory Powers

2000 ◽  
Vol 31 (3) ◽  
pp. 629
Author(s):  
Thomas Geuther
Keyword(s):  
New Zealand ◽  
Public Law ◽  
Public Authority ◽  
Special Treatment ◽  
Duty Of Care ◽  
Supreme Court Of Canada ◽  
Public Authorities ◽  
High Court ◽  
The Supreme Court ◽  
High Court Of Australia

For many years the English courts have struggled to develop a principled approach for determining when a public authority can owe a duty of care in respect of the exercise of its statutory powers. Initially, public authorities received no special treatment. Then the courts conferred an almost complete immunity on them, requiring public law irrationality to be established before considering whether a duty could arise. The English approach has not been adopted elsewhere in the Commonwealth. The High Court of Australia and the Supreme Court of Canada have developed different tests, and the New Zealand courts, while never explicitly rejecting the English position, have never followed it. This paper argues that a modified version of the Canadian Supreme Court's approach should be adopted in New Zealand. It proposes that irrationality be a precondition to the existence of a duty of care only where policy considerations are proved to have influenced the decisions of a public authority in exercising its statutory powers.

De la gestión local a la gobernanza global: actores e interacciones multiniveles en la gestión del agua en la ciudad de México

2011 ◽  
Vol 1 (3) ◽  
pp. 34-66
Author(s):  
Joyce Valdovinos
Keyword(s):  
Private Sector ◽  
Water Governance ◽  
The State ◽  
Public Authorities ◽  
Service Contracts ◽  
Governance Model ◽  
Role Of The State ◽  
The One

The provision of water services has traditionally been considered a responsibility of the state. During the late 1980s, the private sector emerged as a key actor in the provision of public services. Mexico City was no exception to this trend and public authorities awarded service contracts to four private consortia in 1993. Through consideration of this case study, two main questions arise: First, why do public authorities establish partnerships with the private sector? Second, what are the implications of these partnerships for water governance? This article focuses, on the one hand, on the conceptual debate of water as a public and/or private good, while identifying new trends and strategies carried out by private operators. On the other hand, it analyzes the role of the state and its relationships with other actors through a governance model characterized by partnerships and multilevel networks.Spanish La provisión del servicio del agua ha sido tradicionalmente considerada como una responsabilidad del Estado. A finales de la década de 1980, el sector privado emerge como un actor clave en el suministro de servicios públicos. La ciudad de México no escapa a esta tendencia y en 1993 las autoridades públicas firman contratos de servicios con cuatro consorcios privados. A través de este estudio de caso, dos preguntas son planteadas: ¿Por qué las autoridades públicas establecen partenariados con el sector privado? ¿Cuáles son las implicaciones de dichos partenariados en la gobernanza del agua? Este artículo aborda por una parte, el debate conceptual del agua como bien público y/o privado, identificando nuevas tendencias y estrategias de los operadores privados. Por otra parte, se analizan el rol y las relaciones del Estado con otros actores a través de un modelo de gobernanza, definido en términos de partenariados y redes multi-niveles.French Les services de l'eau ont été traditionnellement considérés comme une responsabilité de l'État. À la fin des années 1980, le secteur privé est apparu comme un acteur clé dans la fourniture de certains services publics. La ville de Mexico n'a pas échappé à cette tendance et en 1993, les autorités publiques ont signé des contrats de services avec quatre consortiums privés. À travers cette étude de cas, nous nous interrogerons sur deux aspects : pourquoi les autorités publiques établissentelles des partenariats avec le secteur privé ? Quelles sont les implications de ces partenariats sur la gouvernance de l'eau ? Cet article s'intéresse, d'une part, au débat conceptuel sur l'eau en tant que bien public et/ou privé, en identifiant les tendances nouvelles et les stratégies menées par les opérateurs privés. D'autre part y sont analysés le rôle de l'État et ses relations avec d'autres acteurs à travers un modèle de gouvernance, défini en termes de partenariats, et des réseaux multi-niveaux.

scholarly journals AB0012 ROLE OF IRF5 GENE ON THE PATHOGENESIS OF IMMUNOGLOBULIN-A VASCULITIS

2020 ◽  
Vol 79 (Suppl 1) ◽  
pp. 1309.1-1310
Author(s):  
S. Remuzgo Martinez ◽  
F. Genre ◽  
V. Pulito-Cueto ◽  
D. Prieto-Peña ◽  
B. Atienza-Mateo ◽  
...  
Keyword(s):  
Inflammatory Diseases ◽  
Disease Onset ◽  
Immunoglobulin A ◽  
Type I ◽  
Research Support ◽  
Development Fund ◽  
European Regional Development Fund ◽  
Social Fund ◽  
Relevant Role ◽  
Immunoglobulin A Vasculitis

Background:Interferon signaling pathway plays a relevant role in autoimmunity. Genetic variants in theinterferon regulatory factor (IRF) 5gene, that encodes the major regulator of the type I interferon induction [1], have been related to the development of several inflammatory diseases [2].Objectives:To determine the influence ofIRF5on Immunoglobulin-A vasculitis (IgAV), an inflammatory vascular disease.Methods:ThreeIRF5polymorphisms (rs2004640, rs2070197 and rs10954213) representative of 3 different haplotype blocks were genotyped in 372 Caucasian patients with IgAV and 876 sex and ethnically matched healthy controls.Results:No statistically significant differences between patients with IgAV and controls were observed when eachIRF5polymorphism was analyzed independently. Similarly, no statistically significant differences between patients with IgAV and controls were found whenIRF5polymorphisms were evaluated combined conforming haplotypes. Additionally, there were no statistically significant differences in genotype, allele and haplotype frequencies ofIRF5when patients with IgAV were stratified according to the age at disease onset or to the presence/absence of gastrointestinal or renal manifestations.Conclusion:Our results do not support an influence ofIRF5on the pathogenesis of IgAV.References:[1]Nat Immunol 2011; 12: 231-8;[2]Arthritis Res Ther 2014; 16: R146.Acknowledgments:This study was supported by European Union FEDER funds and “Fondo de Investigaciones Sanitarias” (grant PI18/00042) from ‘Instituto de Salud Carlos III’ (ISCIII, Health Ministry, Spain). RL-M is a recipient of a Miguel Servet type I programme fellowship from the ISCIII, co-funded by the European Social Fund (ESF, `Investing in your future´) (grant CP16/00033). SR-M is supported by funds of the RETICS Program (RD16/0012/0009) (ISCIII, co-funded by the European Regional Development Fund (ERDF)). VP-C is supported by a pre-doctoral grant from IDIVAL (PREVAL 18/01). LL-G is supported by funds of PI18/00042 (ISCIII, co-funded by ERDF).Disclosure of Interests:Sara Remuzgo Martinez: None declared, Fernanda Genre: None declared, Verónica Pulito-Cueto: None declared, D. Prieto-Peña: None declared, Belén Atienza-Mateo: None declared, Belén Sevilla: None declared, Javier Llorca: None declared, Norberto Ortego: None declared, Leticia Lera-Gómez: None declared, Maite Leonardo: None declared, Ana Peñalba: None declared, María Jesús Cabero: None declared, Luis Martín-Penagos: None declared, Jose Alberto Miranda-Filloy: None declared, Antonio Navas Parejo: None declared, Javier Sanchez Perez: None declared, Maximiliano Aragües: None declared, Esteban Rubio: None declared, MANUEL LEON LUQUE: None declared, Juan María Blanco-Madrigal: None declared, E. Galindez: None declared, Javier Martin Ibanez: None declared, Santos Castañeda: None declared, Ricardo Blanco Grant/research support from: Abbvie, MSD and Roche, Consultant of: Abbvie, Pfizer, Roche, Bristol-Myers, Janssen and MSD, Speakers bureau: Abbvie, Pfizer, Roche, Bristol-Myers, Janssen, Lilly and MSD, Miguel A González-Gay Grant/research support from: Pfizer, Abbvie, MSD, Speakers bureau: Pfizer, Abbvie, MSD, Raquel López-Mejías: None declared

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