Kollegialentscheidungen unter Zeitdruck

2021 ◽  
Vol 54 (2) ◽  
pp. 273-294
Author(s):  
Janbernd Oebbecke
Keyword(s):  
Local Government ◽  
Judicial Review ◽  
Time Pressure ◽  
Relevant Literature ◽  
Level Of Detail ◽  
Common Structure ◽  
Regular Meeting ◽  
Legal Questions ◽  
Legal Competency ◽  
Special Meeting

Collegial bodies can react to time pressure either by speeding up their procedure or by transferring urgent decisions to a special organ which can decide very quickly. In Germany, the representative bodies of local government have both options. This article examines decisions of urgency taken by a special organ of local government. This article analyses the circumstances in which such decisions are taken based on the relevant literature as well as on self-collected data from cities in North Rhine Westphalia. The results can be put into five categories. Although the relevant Länder laws vary at the level of detail, they are united by a common structure. They determine that a decision is urgent only when the representative body – even applying an accelerated procedure – cannot decide in time. They set out which organ is legally competent to decide and require that the representative body of local government either approves the decision in retrospect or is, at least, informed of it. According to these regulations the decision of urgency is always concomitant with a decision on the legal competency of the special organ and on the administrative matter at hand. Their application raises numerous legal questions. In the majority of cases, decisions of urgency are taken in violation of the legal requirement, even though the representative body could have taken the decision by applying an accelerated procedure. From the perspective of those involved calling a special meeting takes too much time and effort to decide on an issue which is, in most cases, completely uncontested. Currently, a correction of this unlawful practice by legal means virtually impossible. It is, therefore, suggested that each member of the representative body should be given standing to bring a claim for judicial review. In terms of legal policy, urgent decisions should to be allowed also when the representative body cannot decide in time at the next regular meeting.

scholarly journals The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

Society ◽  
2019 ◽  
Vol 7 (1) ◽  
pp. 21-36
Author(s):  
Rizky Octa Putri Charin ◽  
Arief Hidayat
Keyword(s):  
Local Government ◽  
Data Collection ◽  
Indigenous People ◽  
Conflict Of Interest ◽  
Relevant Literature ◽  
Forest Resources ◽  
Violent Conflict ◽  
Private Company ◽  
Qualitative Descriptive ◽  
Descriptive Method

The resources of Customary Forest play an important role for Talang Mamak Indigenous People to survive. The exploitation of the forest by private company and investor has caused a violent conflict. The situation of the indigenous people becomes worsen since local government does not fully protect their rights on the forest.  Even, Local government tends to defend private company and investor in addressing the conflict. Customary forest of Talang Mamak indigenous people is in the oligarchs grip and conflict of interest with their elder. The Indigenous people are in crossroad, to preserve or to release their heritage and right. This study aims to determine the efforts of Talang Mamak Indigenous People to maintain their existence in the customary forest resources battle with private company and investor. This study used qualitative descriptive method. The data collection were documentation analysis and other relevant literature. This study used Theory of Oligarchy (Winters 2011) as grounded theory. The result found that the efforts of the indigenous people to fight for their rights getting weak. Some of them begin to accept compensation from the company and investor, in other word, some of them are willing to release their heritage and right on the forest.

scholarly journals PENGAWASAN TERHADAP PERATURAN KEPALA DAERAH

Yuridika ◽  
2012 ◽  
Vol 27 (1) ◽  
Author(s):  
E. Prajwalita Widiati ◽  
Haidar Adam
Keyword(s):  
Local Government ◽  
Judicial Review ◽  
Local Governments ◽  
Public Services ◽  
Daily Basis ◽  
National Government ◽  
Local Regulation ◽  
Good Review ◽  
Review Mechanism

Decentralisation puts weigh in the dynamic of local government. As consequences of decentralization, local governments are entitled to enact local regulation in order to serve public services in the daily basis. Local regulation as the product of the Mayor of course does not stand alone. It is part of national legislative system which lay at the low tier of the hierarchy of laws. It should be work effectively and harmoniously with the system. By analyzing the nature of decentralization and the function of local legislation, it is essential to establish a good review mechanism for this legislative product. Different mechanism results in different consequences to the regulation. This article has analysed three mechanisms both preventive and represive; executive review which is done by the Governor and National Government; judicial review which is done by the Court and even political review which is exercised by the local representatives who act as balancing power to the local executive.Keywords: Peraturan Kepala Daerah, Executive Review, Judicial Review, Political Review

scholarly journals Czy PIT komunalny może ograniczyć rozlewanie się miast?

Studia BAS ◽  
2021 ◽  
Vol 1 (65) ◽  
pp. 171-201
Author(s):  
Jarosław Neneman ◽  
Sylwia Roszkowska
Keyword(s):  
Local Government ◽  
Urban Sprawl ◽  
Current System ◽  
Relevant Literature ◽  
Short Description ◽  
Present System ◽  
Tax Base ◽  
Flat Tax ◽  
Tax Rate ◽  
Simple Variant

The purpose of this article is twofold. First, to re-energize discussion on local personal tax, and second, to show how such a tax could curb urban sprawl. The authors start with a short description of the communal tax and its potential links to urban sprawl. In the current system of communities’ financing in Poland, suburban municipalities have a significant incentive to increase the number of inhabitants as the PIT revenues follow their inflow. The authors propose and discuss a simple variant of local PIT called Self-government Tax Rate which is a flat tax on a broadly defined tax base. Contrary to the present system of Polish local government units’ share in progressive PIT, this system is linear, which reduces the gains in PIT revenues from taxpayers in the second tax bracket moving to suburbia. This is the first paper in the relevant literature that investigates the links between communal tax and urban sprawl.

The Effects of Time Pressure on Belief Revision in Accounting: A Review of Relevant Literature within a Pressure-Arousal-Effort-Performance Framework

2017 ◽  
Vol 29 (2) ◽  
pp. 51-71 ◽  
Author(s):  
Christian P. R. Pietsch ◽  
William F. Messier
Keyword(s):  
Belief Revision ◽  
Time Pressure ◽  
Relevant Literature ◽  
Interactive Effects ◽  
Order Effects ◽  
Performance Framework ◽  
Pressure Variable ◽  
Accounting Environment ◽  
Belief Adjustment ◽  
And Task

ABSTRACT This study advances several propositions about the effects of time pressure on individuals' belief revisions within a pressure-arousal-effort-performance framework. There is a significant body of research that documents the importance of both time pressure and order effects in an accounting environment. However, prior research has not investigated how the order of information affects individuals' belief revision processes under varying levels of time pressure, even though the inclusion of a time pressure variable has been noted as relevant in belief revision research, both in general (Hogarth and Einhorn 1992) and in accounting (Kahle, Pinsker, and Pennington 2005; Trotman and Wright 2000). In this review, we extend prior belief revision research in accounting by describing how time pressure interacts with personal and task variables and the subprocesses described in the belief-adjustment model (Hogarth and Einhorn 1992). Propositions are advanced on the effects of time pressure on individuals' belief revisions. A better understanding of such interactive effects helps to explain the mixed results identified in prior studies.

Sources of Dynamism in Modern Administrative Law

2020 ◽  
Author(s):  
Joanna Bell
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
Legal Issues ◽  
Administrative Practices ◽  
England And Wales ◽  
Legal Questions

Abstract The list of recognised grounds of judicial review has remained constant in England and Wales for several decades. Modern administrative law may therefore appear to be characterised by high levels of stability or perhaps stagnancy. The essays in The Frontiers of Public Law are, however, an important reminder of three important sources of dynamism across modern administrative law. First, legislation can change regularly in this field, generating novel legal questions. Secondly, internal administrative practices are not static but evolving, creating questions about the adequacy of existing doctrinal structures. Thirdly, principles can emerge within sub-branches of judicial review, giving rise to questions about whether and how those same principles apply elsewhere. These sources of dynamism make modern administrative law ripe territory for novel and important legal issues.

Building a resilient local council: evidence from flood disasters in Italy

2015 ◽  
Vol 28 (6) ◽  
pp. 430-448 ◽  
Author(s):  
Nick Sciulli ◽  
Giuseppe D'Onza ◽  
Giulio Greco
Keyword(s):  
Public Sector ◽  
Local Government ◽  
Local Community ◽  
Early Stage ◽  
Relevant Literature ◽  
Extreme Weather Events ◽  
Background Information ◽  
Structured Interviews ◽  
Content Type ◽  
Flood Disasters

Purpose – The purpose of this paper is to investigate resilience to extreme weather events (EWE) in a sample of Italian local councils (LCs), impacted by flood disasters. Whether resilience as a concept is adopted by the affected councils and factors that promote or inhibit LC resilience are explored. Design/methodology/approach – Using semi-structured interviews, the authors investigate seven Italian LCs that were severely impacted by the flood event. An interview protocol was developed and background information collected. A number of themes were drawn from the interview transcripts and relationships with the relevant literature were examined. Findings – The findings highlight that the adoption of the concept of resilience is at an early stage in the LCs decision and policy making. The authors find that the financial resources and the external relations management with other public entities, NGOs and local communities, promote the LCs resilience during and after an EWE. By contrast, bureaucratic constraints and poor urban planning restrain resilience. The findings suggest that LCs resilience needs to be distinguished from local community resilience. Originality/value – The paper contributes to the literature on public sector management and investigates the under-researched area of resilience within the context of the public sector, vis-à-vis, local government. In particular the realization that EWE are not the realm only of emergency personnel, but that local government managers have an integral role placed upon them during and especially after the EWE.

Interest Groups, Judicial Review, and Local Government

1966 ◽  
Vol 19 (1) ◽  
pp. 85 ◽  
Author(s):  
Clement E. Vose
Keyword(s):  
Local Government ◽  
Interest Groups ◽  
Judicial Review

scholarly journals The Tourism Development Strategies of Hinako Islands in West Nias in Increasing the Regional Original Revenue and the Local People's Welfare

2021 ◽  
Author(s):  
Liza Dwi Ratna Dewi ◽  
Nawiroh Vera ◽  
Arbi Cristional Lokananta ◽  
Doddy Wihardi ◽  
Nexen Alexandre
Keyword(s):  
Local Government ◽  
Research Question ◽  
Relevant Literature ◽  
Tourism Development ◽  
Field Research ◽  
Secondary Data ◽  
Local Communities ◽  
Development Strategies ◽  
Tourism Industry ◽  
Primary Data

West Nias Regency has an enormous potential tourist destination, namely the Hinako Islands which consists of eight beautiful small islands. Yet the limited infrastructure and capacity of human resources have become the obstacle for this potential. The purpose of this study is to provide recommendations for tourism development strategies in the Hinako Islands to increase local government revenues (PAD) and the welfare of local communities. The research question is how is the strategy of the local government in developing tourism in the Hinako Islands?. This research is a field research, qualitative analytical descriptive type. The primary data of the research were observation and in-depth interviews, also supported by secondary data in the form of documentation and relevant literature studies. This study recommends a tourism development model consisting of 3 elements, namely: 1) West Nias Regency Government as a facilitator to provide tourism facilities and infrastructure; And as a regulator to formulate and enforce tourism business rules for the benefit of the Regional Original Income (PAD) and bring prosperity to local communities. 2) Private, namely existing investors, new investors with an ecotourism pattern, and village-owned enterprises (BUM-Des) to work on the industry in the concept of tourism agromina. 3) Community, to be a friendly host for tourists by providing guarantees for tourist safety, maintaining environmental cleanliness, and providing memorable experiences for tourists. The recommended strategies include strategies for developing tourism destinations, the tourism industry, tourism marketing, and tourism institutions.

Sign in / Sign up

Export Citation Format

Share Document