La simplificación administrativa en el Derecho comparado: el ejemplo de Portugal. Elementos exportables para una construcción sistemática del procedimiento administrativo desde la simplificación

2013 ◽  
pp. 349-378
Author(s):  
Manuela MORA RUIZ
Keyword(s):  
Public Policy ◽  
Comparative Study ◽  
International Organizations ◽  
Implementation Process ◽  
Administrative Law ◽  
Point Of View ◽  
Administrative Procedure ◽  
Basic Institution ◽  
Administrative Simplification ◽  
Simplification Techniques

LABURPENA: Administrazio Zuzenbidea erreformatzeko eta/edo modernizatzeko abian diren prozesuek dauzkaten printzipioen artean, Administrazioa sinplifikatzean datzana funtsezkoa da. Nazioarteko erakundeak Administrazioa sinplifikatzeko tresnak bultzatzen ari dira, eta gure inguruko herrialdeak hainbat modutara ari dira printzipio hori aplikatzen, administrazio-prozeduran zuzenean txertatuta. Lan honetako azterketa Zuzenbide konparatuan oinarritzen da, Portugalen administrazio-sinplifikazioa zer-nola txertatu duten begiratuz. Ikuspegi horretatik, Portugaleko ordenamendu administratiboa erreferente gisa har daiteke, bai administrazioa sinplifikatzeko egiazko politika diseinatzeagatik, bai administrazio-prozeduraren bidez teknikak positibatzeagatik, agerian jarriz erakunde hori oso egokia dela Administrazio Zuzenbidearen funtsezko aldaketak islatzeko. RESUMEN: La simplificación administrativa constituye un principio clave en los procesos de reforma y/o modernización del Derecho Administrativo que se están planteando en la actualidad. Los instrumentos de simplificación administrativa se están impulsando desde organizaciones internacionales, y están siendo acogidos de manera diversa en los países de nuestro entorno, proyectándose directamente sobre el procedimiento administrativo. Este Trabajo pretende un estudio de Derecho Comparado en torno a la incorporación de la simplificación administrativa en Portugal. Desde esta perspectiva, el Ordenamiento administrativo portugués puede considerarse un referente tanto en el diseño de una auténtica política de simplificación administrativa, como en la positivación de sus técnicas a través del procedimiento administrativo, poniendo de manifiesto la idoneidad de esta Institución para reflejar cambios fundamentales del Derecho Administrativo. ABSTRACT: Administrative simplification is one of the keys of the process of modernization of Administrative Law nowadays. The simplification techniques and instruments are taking place in administrative procedure because of the International Organizations’ interest and the resultant implementation process is different from one country to another. Therefore, this Paper aims to present a comparative study of the Portuguese Administrative Law regarding the bases and instruments of administrative simplification, so that Portugal can be considered as a reference in order to design a public policy of simplification and to incorporate its techniques in administrative procedure. From this point of view, we should remark how administrative procedure is a basic institution to reflect the changes of Administrative Law with regard to the principle of administrative simplification.

Understanding International Organizations

2017 ◽  
Author(s):  
Xu Yi-chong ◽  
Patrick Weller
Keyword(s):  
Public Policy ◽  
Comparative Study ◽  
Organizational Structure ◽  
International Organizations ◽  
Member States ◽  
Approaches To Studying ◽  
Informal Rules ◽  
The Impact ◽  
The Way ◽  
State Representatives

This chapter surveys the existing approaches to studying IOs, and discusses our public policy approach. It describes IOs as institutions that are defined by formal and informal rules, by practices and sets of expectations that shape the way those involved in IOs’ activities work. Rather than accepting the traditional proposition that member states decide, the chapter argues that we need to go inside the organization to examine how all the actors perceive their roles, interpret their responsibilities, and interact with each other. It identifies three groups of actors—state representatives, heads of IOs, and secretariats—and discusses their strength, advantages, and levers in IO operations. It particularly highlights the impact of organizational structure, history, and culture on actors’ behaviour and examines their powers of persuasion in a comparative study across six IOs.

scholarly journals Public-Private Partnership In The Republic Of Uzbekistan: Foreign Theory And Problems Of Defining The Regulatory Sector

2021 ◽  
Vol 03 (04) ◽  
pp. 10-15
Author(s):  
Bakhtiyor Kayumov ◽  
Keyword(s):  
International Organizations ◽  
Civil Law ◽  
Administrative Law ◽  
Public Private Partnership ◽  
Point Of View ◽  
Private Partnership ◽  
International Theory ◽  
The Republic ◽  
Relationship Of ◽  
The Relationship

In this article, the author examines the problems of defining public-private partnership (PPP) from the point of view of the international theory and the experience of the Republic of Uzbekistan in this area. The views of foreign theorists, relevant international organizations, and scientists of the Republic of Uzbekistan regarding the term PPP are studied in detail. The author analyzes the relationship of PPP with the civil law contract and administrative law and concludes that the PPP agreement is classified as an unnamed contract in the Civil Code of the Republic of Uzbekistan. In conclusion, the author gives a proposal for improving the legislation of the Republic of Uzbekistan in the field of PPP.

scholarly journals The Simplification of Procedures in Portuguese Administrative Law

2022 ◽  
Vol 12 (1) ◽  
pp. 9
Author(s):  
João Tiago Silveira ◽  
Tiago Fidalgo de Freitas ◽  
Gonçalo Fabião ◽  
Miguel Assis Raimundo
Keyword(s):  
Administrative Law ◽  
Critical Assessment ◽  
Personal Contact ◽  
Administrative Procedure ◽  
The Past ◽  
Administrative Efficiency ◽  
Red Tape ◽  
One Stop ◽  
Administrative Simplification ◽  
Administrative Assistance

The present paper intends to provide an overview and a critical assessment of the administrative simplification policies implemented in Portugal over the past 20+ years. Throughout these decades, the major instruments for administrative simplification have been: (i) Decree-Law n. 135/99, of 22 April; (ii) the Simplex programme; (iii) the 2015 new Code of Administrative Procedure and its 2021 amendment; and (iv) the COVID-19 legislation. Although Decree-Law n. 135/99 (i) was the first attempt to specifically address simplification, it was a very thin one. The Simplex programme (ii), created in 2006, was the first cross-sectoral robust policy of simplification; its motto is “the simpler the better” and it encompassed reforms in all government areas aiming at cutting red tape, promoting administrative efficiency, and making the citizens’ and the corporations’ lives easier when dealing with State. The new Code of Administrative Procedure (iii), approved in 2015, brought about specific normative solutions to simplify procedures, namely, prior communications, administrative assistance, procedural conferences, and the electronic one-stop shop. Finally, the COVID-19 legislation (iv) was made necessary by the COVID-19 pandemic and by the fact that public health restrictions made it impossible for citizens to establish personal contact with the administration in many cases.

SPECYFIKA REGULACJI ADMINISTRACYJNOPRAWNEJ W PRAWIE KONSULARNYM. WYBRANE PROBLEMY USTROJOWE I PROCEDURALNE

2021 ◽  
pp. 354-375
Author(s):  
Michał Możdżeń-Marcinkowski
Keyword(s):  
Foreign Relations ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
The Other ◽  
Administrative Procedure ◽  
Fundamental Condition ◽  
Administrative Procedures ◽  
The Republic ◽  
Administrative Proceedings

The article discusses a significantly modified regulation within administrative law applied in the consular service. There seems to be a need for a voice in the discussion regarding the legal status of a Consul of the Republic of Poland (as well as the other members of the diplomatic corpus) as seen from an administrative law point of view. In the background of two regimes of administrative and consular law, it is also undoubtedly necessary to indicate the basic procedural border problems. A very typical example are the modified administrative procedures provided for diplomacy, with particular emphasis put on the importance of jurisdictional administrative proceedings lead by the consul. The administrative procedure constructed in this way by the legislature differs in many points from the general administrative procedure performed by other Polish authorities. Therefore, to some extent, it can be perceived as a specific administrative consular law. The aim of this article is to signal the typical procedural differences and to point out their sources. “Consular administrative law” can be perceived as a special administrative procedure, which does not constitute part of the general administrative procedure applicable to all national authorities and citizens in Poland, but which still is a sub-branch of Polish consular law which applies to the Polish citizens and foreigners in a specific administrative situations. The existence of so-called “consular administrative law”, however, presupposes one fundamental condition, which is having and maintaining foreign relations in the first place.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

scholarly journals Influence of the socio-economic environment on the entrepreneurs behavior. Cases of cuba and ecuador

2021 ◽  
Vol 13 ◽  
pp. 184797902199450
Author(s):  
Reyner Pérez-Campdesuñer ◽  
Gelmar García-Vidal ◽  
Alexander Sánchez-Rodríguez ◽  
Rodobaldo Martínez-Vivar ◽  
Margarita de Miguel-Guzmán ◽  
...  
Keyword(s):  
Comparative Study ◽  
Point Of View ◽  
Personality Characteristics ◽  
Social Model ◽  
Historical Evolution ◽  
Government Regulations ◽  
Failure Risk ◽  
Short And Long Term ◽  
Financial Environment

Entrepreneurship is an important part of any economy today regardless of its level of development. However, not in all contexts do entrepreneurs operate in the same way, nor are they motivated by the same factors. This research seeks to identify possible coincidence factors and differences between entrepreneurs that operate in different contexts from the point of view of their historical evolution, the duration of these and the economic and social model applied in the countries. Specifically, a comparative study is carried out between entrepreneurs from the republics of Ecuador and Cuba considering various variables such as: personality characteristics (attitude to failure, risk, perseverance and innovation), use of the available time fund for work in entrepreneurship; Impact of the environment in relation to: government regulations, taxes, level of competition and availability of suppliers, as well as the structure of personal expenses projected in the short and long term that entrepreneurs assume as a stimulus for their actions. For the development of the study, a description of the behavior of the variables was initially made and later, by hypothesis testing, to verify differences and similarities between both populations. The study allowed us to identify common and divergent aspects between both populations analyzed. Similarly, it showed how differences in the administrative and financial environment in which entrepreneurs operate generate changes in their priorities and projections.

Demolition Versus Deconstruction: Impacts of Fenestration Disposal in Building Renovation Projects

2014 ◽  
Vol 39 (1) ◽  
pp. 48-55
Author(s):  
Soofia Tahira Elias-Ozkan
Keyword(s):  
Comparative Study ◽  
Construction Materials ◽  
Resource Conservation ◽  
Point Of View ◽  
Similar Construction ◽  
Building Components ◽  
Material Energy

This paper presents findings of a comparative study on the removal and disposal of fenestration units in two separate buildings, belonging to the same period and built with similar construction materials. Demolition techniques were used for removing the fenestration units from a building that was undergoing refurbishment; while, deconstruction techniques were used for dismantling similar units from another building that was being selectively demolished. It was concluded that the amount of energy consumed, time taken and waste generated, were far greater, and the revenues much lower, when conventional demolition techniques and tools were used. Hence, from the point of view of resource conservation (material, energy, time, and money) deconstruction was found to be more advantageous in the disposal of reusable building components.

scholarly journals DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC

2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev
Keyword(s):  
Administrative Law ◽  
Kyrgyz Republic ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Legislation ◽  
Administrative Procedures ◽  
Law And Legislation ◽  
Administrative Justice

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.

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