scholarly journals Interpretation the Concept of Transparency in the Strategic and Legislative Documents of Major Intergovernmental Organizations

Author(s):  
Balázs Hohmann

Administrative procedures, as well as public bodies that carry out these procedures, ought to perform functions related to the application of administrative law in a constantly changing social, economic, and political environment. This presents them with new challenges and expectations time and time again. According to the findings of the this study, the relation of transparency and administrative procedures – which could be described as a type of historically rooted but, at the same time, contemporary expectation towards public administration – fits in the above concept. The study attempts to interpret and define the concept of transparency on the basis of the terminology used by international organisations in the field of the examination of administrative procedures, and thus to highlight the issues, divergences and their causes.


Author(s):  
Francisco VELASCO CABALLERO

LABURPENA: Objektibotasuna eta Administrazioa Legeari lotuta izatea Zuzenbide Publiko Konparatuan beti irekita dauden gaiak dira. Helburu hori lortzeko, estatu bakoitzak hainbat tresna juridiko izaten ditu. Espainian, objektibotasunaren eta legezkotasunaren bermea epaileen esku utzi da, funtsean. Beste herrialde batzuek tresna administratiboak dituzte, helburu berberak lortzeko esku-hartze judizialaren beharrik gabe. Horrelakoak dira Ipar Amerikako ≪Administrative Law Judges≫ deituak. Administrazio-enplegatu independenteak dira (independentziazko estatutu ia judiziala dutenak), eta funtzio hau dute: aurkakotasun-prozedura administratiboetan interesdunei entzutea eta dagokion gaian erabaki objektibo bat proposatzea. Administrazio-agentzietako zuzendaritza-kargudunen aldean enplegatu publiko horiek duten independentziari esker, objektibotasuna eta legezkotasuna berma daiteke, esku-hartze judizialaren beharrik gabe. RESUMEN: La objetividad y la vinculacion de la Administracion a la ley son cuestiones permanentes abiertas en el Derecho publico comparado. Diversos son los instrumentos juridicos con las que, en cada Estado, se pretende alcanzar esos objetivos. En Espana, la garantia de objetividad y de legalidad se ha depositado, fundamentalmente, en los jueces. Otros paises disponen de instrumentos administrativos que, sin necesidad de intervencion judicial, pretenden alcanzar los mismos objetivos. Este es el caso de los llamados ≪Administrative Law Judges≫ del Derecho norteamericano. Son empleados administrativos independientes (con estatuto cuasi judicial de independencia) cuya funcion es oir a los interesados en los procedimientos administrativos contradictorios y proponer una decision objetiva en el correspondiente asunto. La independencia de la que disponen estos empleados publicos, respecto de los cargos directivos de las correspondientes agencias administrativas, permite asegurar la objetividad y legalidad sin necesidad de intervencion judicial. ABSTRACT : Objectivity and legality of the Public Administration are open issues in comparative law. Various are the legal instruments by means of which each nation intends to achieve those objectives. In Spain, the guarantees of objectivity and legality traditionally rely on the judicial branch of power. Other countries have displayed distinctive administrative instruments, different to judicial intervention, to achieve the same objectives. This is the case of the so-called ≪Administrative Law Judges≫ of US law. They are independent administrative employees holding quasi-judicial independent. Their task consists of conducting the hearings in contradictory administrative procedures and proposing objective decisions to the directors of the relevant administrative agencies.



2018 ◽  
Vol 111 ◽  
pp. 103-118
Author(s):  
Renata Kusiak-Winter

LEGAL AND POLITICAL ENVIRONMENT OF PUBLIC ADMINISTRATIONThe analysis of the political and legal environment of the public administration has been presented from the point of view of arational lawmaker who aims the legal framework enabling influence of politics on the administration. This is reflected in the general administrative law, the administrative law of organizational structures, the substantive administrative law and the procedural administrative law.



2017 ◽  
Vol 10 (1) ◽  
pp. 98-116
Author(s):  
Joshua Olusegun Bolarinwa

This article examines international reactions and actions on militancy and insurgency in Nigeria since 1999. It employs historical method of data collection and adopts descriptive and analytical approaches of analysis. It has utilised various sources, mainly secondary literature which include journal articles, books, newspaper reports, reports of international organisations and agencies. The article reveals the nature, trends and dynamics of insecurity in Nigeria; especially, the emergence and rise of militancy in the Niger Delta and Boko Haram insurgency in the north-east have not only affected the unity, territoriality, sovereignty, economy, political environment, government income and institutions, infrastructure and wanton deaths but also attracted international reactions and concerns from different quarters of the global community, especially Nigeria’s immediate neighbours which have affected her external image and international relations. The article concludes that, while her image has improved, Nigeria should continue to embrace progressive dialogue and improve on the multilateral collaborative counter-insurgency approach (i.e., The Joint Multinational Tasks Force involving Chad, Cameroon, Niger and Nigeria and Benin Republic) which has proved very efficient and effective since the advent of this present administration in May 2015.



2015 ◽  
Vol 795 ◽  
pp. 24-30
Author(s):  
Andrzej Chluski ◽  
Dorota Jelonek ◽  
Cezary Stępniak ◽  
Tomasz Turek ◽  
Leszek Ziora

In the contemporary economy the more and more greater role is played by state and local government institutions. Offices of public administration not only create law, but more and more often become initiators of the different type of investments undertaken on the ground of their jurisdiction. Often neighbouring administrative units begin to compete between themselves in gaining of investments and resources for the purpose of its own development. In the functionality of mentioned offices the greater role is performed by IT systems building the architecture of a given unit, clearly expressed among other things in the idea of intelligent city. Applied by offices of public administration IT systems are more often opened for suppliants creating e-government tools [1]. In this paper was presented the role of e-government tools in the business activation of the region on the basis of IT systems made available by Czestochowa Municipal Office. The review of potential directions of the e-government tools usage in different areas of social-economic life of the city will be presented



Author(s):  
ROMAN ZELEPUKIN ◽  

In this article the author analyses the development of administrative regulations in the system of modern public administration. The state of administrative regulations and their institutionalisation as a result of the administrative reform is noted. It has been identified and found that there has now been a change in the approach to the delineation of the administrative regulations of the executive authorities - before 2018, administrative regulations were divided into service regulations and function regulations, where service regulations are related to requests by private persons to the state represented by its bodies and officials - and function regulations are related to the implementation of continuous activities to perform assigned powers and exercise the established competence, after 2018, administrative regulations are divided into service regulations and control (supervision) regulations. According to the author, the established approach has allowed the above varieties of regulations to be merged into such a group of types of administrative regulations as administrative regulations for the implementation of state functions. Also the author concludes that it is necessary to adopt a special legislative act systemising the functions of the executive authorities and the administrative procedures they carry out in a single logical connection.



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.



2020 ◽  
Vol 12 ◽  
pp. 18-20
Author(s):  
Olga N. Ordina ◽  

In the administrative and legal science there is a refinement, change and expansion of the subject of the dynamic branch of administrative law, aimed at eliminating the resulting lag of legal theory from the legal reality. In our view, of the three basic categories that characterize the subject of administrative law, “public administration”, “executive power” and “administrativepublic activity”, the main generalization category is the category “administrative and public activities”. The phenomenon of the subject of administrative law refracts the problems and discussions inherent in the industry as a whole. In view of the existence of different points of view on the subject of administrative law, the legal science has not yet formulated a single definition of it. There is a tendency to overcome the conflict between different types of understanding, to bring together the positions of different concepts of understanding of administrative law in order to form a “universal” concept of it, to develop its common concept.



2013 ◽  
pp. 87-91
Author(s):  
Loránd Bói

The re-establishment of historical district government offices in the Hungarian public administration system will ensure the availability of the provided public services on an integrated, citizen-friendly level. Reorganising of district borders and changing the district centres as well the settlement new administration services in the central cities will predictable restructure the citizens public transport attitudes. This study deals with the motivation, quantity and direction of the possible modifications on the public transport demand in Hajdú-Bihar County. The study goals to present the possible public transport organising interventions, and to find a balance between the changing demand and the regulation provided public transport instruments.



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.



2020 ◽  
Vol 54 (2) ◽  
pp. 833-856
Author(s):  
Zoltán Józsa

After a brief outline of the past, the study focuses on the three main elements of public administration: the organization, the tasks and competences, and the characteristics of the staff. Different but complementary research methods (historical, comparative and dogmatic) show the changes in the management and operation of state administration over historical periods. The formal, subordinated administration has gradually given way to a customer-friendly, service-oriented administration. The corresponding organizational framework is the government window system, while the institutions the Act of General Administrative Procedures provide the opportunity to implement fast, cheap and efficient state services. The commitment, skills, and professionalism of the public administration staff remain the most important factor for the realisation of a modern, service-oriented state. Changes like state administration are not straight-line, but the tendency is the strengthening of the help and service image.



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