scholarly journals Public Interest in Spatial Planning Systems in Poland and Portugal

Land ◽  
2022 ◽  
Vol 11 (1) ◽  
pp. 73
Author(s):  
Waldemar A. Gorzym-Wilkowski ◽  
Karolina Trykacz

As the level of development increases, spatial planning is becoming more significant among public management tools. Although the issue of spatial planning and its mechanisms has been repeatedly investigated in the literature, the issue of clashing of interests of different actors remains to be examined. Therefore, the aim of this study was to compare the enforcement mechanisms of the public interest in the spatial planning systems of Poland and Portugal. The analysis was based on a comparative analysis of the legal basis of the spatial planning systems of the countries. The research confirmed the hypothesis that even with some sociocultural and economic similarities, different countries do not have to create similar mechanisms for the realisation of the public interest in spatial planning processes. The specific solutions adopted in Poland and Portugal differ so much that the enforcement of the public interest proceeds with very few similarities. The integrated Portuguese planning system, with its hierarchical elements, facilitates the achievement of the objectives of public entities. On the other hand, the Polish system, with the dominant position of the municipality, pushes great possibilities of influencing the planning by land administrators, and the poor location of spatial planning in all public tasks makes it difficult, and sometimes even impossible, to achieve public goals in space.

2020 ◽  
Vol ahead-of-print (0) ◽  
pp. 1-28
Author(s):  
Christopher Maidment

This paper discusses a case small in scale, but which raises questions around how different conceptions of what is in the public interest are reconciled in the English regulatory planning system. The case in question is the proposed redevelopment of three 1850s shops in Sheffield’s Devonshire Quarter, traditionally home to independent retailers. The article illustrates how a small-scale planning application can generate national attention, through a range of misunderstandings, conflicting interests and a narrow definition of what constitutes knowledge in English planning. Particular attention is paid to how a different approach to decision making might have facilitated a compromise solution, through thinking about what is in the public interest at different scales. The core argument is around the need to address how public participation in planning processes can be based on more equitable use of knowledge. This leads to conclusions around how the system can better reconcile multiple interests.


2009 ◽  
Vol 75 (1) ◽  
pp. 53-78 ◽  
Author(s):  
Adrian Ritz

During the last 20 years public sector reforms focused on the increase of organizational performance mainly by implementing managerial tools and methods. The one-sided, output-oriented reforms meet with criticism. In our study we focus on the links between employee attitudes, managerial measures, institutional factors and organizational performance. Therefore, three attitudinal constructs, public service motivation, organizational commitment and job satisfaction, are analysed. The study empirically tests the effects of these dimensions on perceived performance in the federal administration of Switzerland. The analysed data of 13,532 federal employees give insight into the importance of employee commitment to the public interest and the need for goal-oriented management techniques. The results are discussed in light of previous studies. Points for practitioners Public administration research raises more and more criticism against New Public Management reforms. This study, however, shows that there is an important link between managerial techniques and the individual perception of organizational performance in administrative practice. There are a range of private management tools immigrating into the public sector. But for the tools to be effective, practitioners need to integrate them with consideration of the specific requirements of the employee's commitment to the public interest.


2014 ◽  
Vol 71 (7) ◽  
pp. 1535-1541 ◽  
Author(s):  
Sue Kidd ◽  
Dave Shaw

Abstract This paper highlights the value for marine spatial planning (MSP) of engaging with terrestrial planning theory and practice. It argues that the traditions of reflection, critique, and debate that are a feature of land-based planning can inform the development of richer theoretical underpinnings of MSP as well as MSP practice. The case is illustrated by tempering the view that MSP can be a rational planning process that can follow universal principles and steps by presenting an alternative perspective that sees MSP as a social and political process that is highly differentiated and place-specific. This perspective is discussed with reference to four examples. First, the paper considers why history, culture, and administrative context lead to significant differences in how planning systems are organized. Second, it highlights that planning systems and processes tend to be in constant flux as they respond to changing social and political viewpoints. Third, it discusses why the integration ambitions which are central to “spatial” planning require detailed engagement with locally specific social and political circumstances. Fourth, it focuses on the political and social nature of plan implementation and how different implementation contexts need to inform the design of planning processes and the style of plans produced.


2021 ◽  
Author(s):  
Milica Dobričić ◽  
◽  
Milica Maksić Mulalić ◽  

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.


2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Indra Sanjaya

To assess whether a particular action of a business actor violates the provisions in Statute Number 5 of 1999, the KPPU and the Court may apply the per se illegal approach or rule of reason, depending on the formulation of the provisions allegedly violated. The rule of reason approach is an approach used by business competition authorities to make an evaluation of the consequences of certain agreements or business activities, to determine whether an agreement or activity is inhibiting or supporting competition. This paper analyzes the rule of reason approach applied by KPPU in cases with Case Number 03 / KPPU-I / 2017 to determine whether PT. Angkasa Pura II (Persero) which does not reduce the cost of shipping and taking cargo at Kualanamu Airport, even though its workload has been reduced, can be classified as a form of monopolization and constitutes a violation of the provisions of Article 17 paragraph (1) and paragraph (2) of Statute Number 5 of 1999. The results of the study showed that the application of the rule of reason by KPPU was carried out through 4 (four) steps, namely: (1). Market identification; (2) Identification of market power; (3) Identification of abuse of dominant position; (4) Identification of impacts on the public interest. Through the application of the rule of reason, KPPU decides that the actions of PT. Angkasa Pura II is a form of monopolization and that the action fulfills the elements in Article 17 paragraph (1) and (2) of Statute Number 5 of 1999.


2017 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rogerio Tadeu de Oliveira Lacerda ◽  
Leonardo Ensslin ◽  
Anna Krueger ◽  
Sandra Rolim Ensslin

The Brazilian Public Sector is being pressured by society to provide more and better services to citizens. Thus, this research is motivated by the need to provide management tools to improve the performance of public administration for better use of public resources. The research explores a constructivist methodology of performance evaluation as a tool for decision aiding in a Brazilian public organization. It highlights propositions identified in qualified literature to justify the use of constructivist approach in public management, as the need manager actively participate in the model of construction in order to expand his/her knowledge about the context and the need to recognize the uniqueness of the resources and moment instead of seeking generic models of evaluation. The development of the model itself, provided a detailed overview of the aspects understood as needed and sufficient by the decision-maker. It was able to disclosure the uniqueness of the context, the objectives of the sector and the construction of indicators for the performance evaluation of aspects understood as important to the public manager. It was observed the theoretical contributions to the area of public management knowledge, especially the key role of public manager to build evaluation models, recognition of limited rationality in decision making and uniqueness as a major element in the decision within the public administration.


2022 ◽  
Author(s):  
Forrest Fleischman ◽  
Cory Struthers ◽  
Gwen Arnold ◽  
Michael J Dockry ◽  
Tyler Scott

Abstract In this article, we respond to a critique of our earlier work examining the USDA Forest Service’s (USFS’s) planning processes. We appreciate that our critics introduce new data to the discussion of USFS planning. Further data integration is a promising path to developing a deeper understanding of agency activities. Our critics’ analysis largely supports our original claims. Our most important difference is in our conceptualization of the planning process’s relationship to agency goals. Although our critics conceive of the USFS’s legally prescribed planning processes as a barrier to land management activities, we believe that public comment periods, scientific analysis, and land management activities are tools the agency uses to achieve its goals of managing land in the public interest. Study Implications: The USDA Forest Service’s current planning process has been critiqued as a barrier to accomplishing land management activities, but it is also an important tool for insuring science-based management and understanding public values and interests that the agency is legally bound to uphold.


Lentera Hukum ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 277
Author(s):  
Nur Aini Fitrianti ◽  
Nurul Laili Fadhilah

As the population grows rapidly, more and more illegal settlements are built on state land that prohibits shelter, specifically in the Ciliwung River area. The Jakarta Provincial Government has a policy to relocate the residents of Ciliwung River, to ensure that the river and Ciliwung river functions return to normal. The government provides for relocation and the construction of flats, so residents may have increased wellbeing. We explore whether the relocation of Ciliwung River residents is in accordance with Law No. 2 of 2012, on Land Procurement for the Public Interest and Regional Regulation of the Special Capital Province of Jakarta No. 1 of 2012 on Spatial Plans. Normative juridical research concludes that the relocation of the settlement is in accordance with Law No. 2 of 2012 on Land Procurement for the Public Interest and Regional Regulation of the Province of Jakarta Capital Special Region No. 1 of 2012 on Spatial Planning. Keywords: Local Government, Relocation, River Basin Settlements


2020 ◽  
Vol 47 (4) ◽  
pp. 70-77
Author(s):  
Nataliіa GOLOSH

During the decentralization of power, the influence of society on managerial decision-making, including in the field of land resource management, increased significantly. Under such conditions, the public management entity should look for ways to ensure the effective functioning of the land resource management system. The purpose of this article is to highlight the approaches to the creation of an organizational and legal mechanism for land resource management in the context of decentralization. To solve the problems of a specific territorial community, there is a need to create an organizational and legal mechanism for land resource management, taking into account all the principles and foundations of decentralization, national and regional characteristics. The organizational and legal mechanism of land resource management is a direct impact on public relations as to the ownership, disposal and use of land resources using management tools to ensure revenues to the budget of the territorial community. The organizational component of the land resource management mechanism includes activities that are aimed at ordering and consistency of interrelated elements of the system. The modern understanding of the essence of the creation of the organizational and legal mechanism of land resource management should unambiguously take place through the definition of performance indicators that will determine the nature of the development of the territorial community. Only taking into account this approach we can expect socio-economic development of the territorial community through land resource management.


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