"A Study on the Size of Government Ministries and Public Servants depending on Government Functions: Focused on French case"

2019 ◽  
Vol 12 (4) ◽  
pp. 169-200
Author(s):  
Kwang-Jai YUN
Keyword(s):  
Size Of Government ◽  
Public Servants ◽  
Government Functions ◽  
French Case

Public Servants and the Implied Freedom of Political Communication

2021 ◽  
Vol 49 (1) ◽  
pp. 3-39
Author(s):  
Anthony Davidson Gray
Keyword(s):  
Political Communication ◽  
Sufficient Evidence ◽  
Representative Government ◽  
Public Servants ◽  
High Court ◽  
Government Functions ◽  
Public Servant ◽  
The People ◽  
High Court Of Australia ◽  
Do So

The High Court of Australia recently overturned a tribunal decision in favour of a public servant who was dismissed after sending tweets critical of various politicians and government policies. All members of the Court found the relevant provisions were valid and did not infringe the implied freedom of political communication. This article first discusses development of freedom of speech at common law, through development in ideas about governance from a Hobbesian tradition to a Lockean model of representative government. Notions of representative government underpinned earlier High Court decisions on freedom of political communication, reflecting values such as the sovereignty of the people, accountability and informed decisions at election time. The article then considers restrictions on the ability of public servants to contribute to public debate in that light. Scholars and courts elsewhere have recognised the important contribution public servants can make to representative democracy. The recent decision pays insufficient interest to such contributions and is too willing to accept government arguments as to the need to suppress opinion by public servants in the name of an apolitical and independent public service, without considering counter arguments in terms of democracy, and without sufficient evidence of actual or likely interference with government functions. The proportionality analysis undertaken by the court was inadequate in its failure to do so. Whilst the freedom of communication of public servants is not absolute, restrictions must be narrowly confined and fully justified. Neither test was satisfied in this case.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Features of the Primary Adaptation of Public Servants

2019 ◽  
Vol 5 (6) ◽  
pp. 511-514
Author(s):  
M. Orekhina ◽  
◽  
S. Ivanova ◽  
Keyword(s):  
Public Servants

PREPARING PUBLIC SERVANTS IN EUROPEAN COUNTRIES: ARCHETYPAL APPROACH

2018 ◽  
Vol 1 (14) ◽  
pp. 255-263
Author(s):  
Oleh Ivanovich Rohulskyi
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Professional Training ◽  
European Countries ◽  
Anglo Saxon ◽  
Public Servants ◽  
German Model ◽  
Managerial Positions ◽  
A Chain ◽  
The Individual

The article describes the main components of the institutional framework of an archetypical approach to public administration. It is determined that the system of preparation of public servants is based on a chain of universal foundations of archetype, in particular, it is influenced by the principle of formation of personnel in the public service, formed on the basis of public opinion. Based on two basic principles relating to admission to public service, three basic models of training civil servants in the European country are defined: German. French and Anglo-Saxon. We analyze each of the models and define the archetypes that influenced their formation and development. The advantages of each model are determined, in particular, the benefits are: the German model of training managers is the balancing between the theoretical knowledge and practical skills that a public servant receives during training, but as a disadvantage one can distinguish the orientation of preparation for legal orientation, which limits the ability to hold managerial positions for many employees The French model of professional training of public servants should include a well-balanced understanding of tasks, namely: decentralization and territorial organization of public services, communication, support of territorial communities, in-depth knowledge and understanding of the need for cooperation with institutions of the European Commonwealth, high-quality human resource management and orientation towards environmentally friendly innovations, such a model of training of public servants is holistic, costly and effective; The Anglo-Saxon model of training of public servants is its orientation towards the implementation of the concept of public administration and the individual approach to employee training, taking into account all the specifics of its activities, providing for the formation of personnel capable of solving specific problems. It is concluded that today in most European countries dominated by mixed models that include elements of different models.

THE ROLE OF THE CIVIL SERVICE IN THE INDUSTRIALIZATION OF NIGERIA

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Chiemeka Onyema
Keyword(s):  
Public Service ◽  
Industrial Development ◽  
Industrial Revolution ◽  
National Development ◽  
Public Servants ◽  
Business Policy ◽  
Technological Base ◽  
Development Plans ◽  
Ease Of Doing Business ◽  
The Right

The goal of berthing Nigeria’s full-scale industrial revolution is yet to be achieved. All the industrial development plans have so far failed to accelerate the nation’s industrialization, hence the country’s low industrial base which has kept her in the league of developing nations. In fact, Nigeria has in recent times been experiencing deindustrialization, as several industries have collapsed and some others, such as Unilever and Michelin, have relocated to other countries. Several factors are responsible for Nigeria’s low industrial development and they include: inadequate infrastructure (particularly, energy), poor technological base, multiple taxes and levies, and, the shortage and high cost of foreign exchange. Despite a growing body of literature on industrialization in Nigeria, not much has been written about the link between Public Service Reforms and industrialization in Nigeria. This paper examines the links between the implementation of the Service Compact (SERVICOM) Charter and the achievement of Nigeria’s industrial development policies, especially the ‘Ease of Doing Business’ Policy. The paper makes the case that the goal of industrializing Nigeria will not be fully realised without an efficient Public Service. Furthermore, the paper highlights the need for Nigerian public servants to have the right work attitude, and to be morally upright and patriotic, in order to create a business-friendly environment and to build investor confidence, so as to facilitate and accelerate the country’s industrialization and overall national development. The author recommends that the Nigerian government should strengthen the implementation of the Servicom Charter and also incorporate the Charter into the industrialization plan.

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