scholarly journals Las lenguas oficiales del Estado español en los textos legales, ¿fomento o reconocimiento del plurilingüismo?

2019 ◽  
Vol 14 (1) ◽  
pp. 81
Author(s):  
Luis Escoriza Morera

<p>The use of different languages within the same geographical area usually generates different opinions about how these should be controlled within public ambits, such as education, media or public administration. Our main goal is to provide an analysis of the existing points of view with regard to the use of Spanish and the other co-official languages in Spain, stressing the legal framework that justifies them, as well as their underlying objectives and possible consequences. Our intention is to discuss if these texts are aimed to simply recognize the official character of two languages or if they pursue the development of a linguistic planning that guarantees the use of both within the public ambit.</p>

Public Voices ◽  
2016 ◽  
Vol 8 (1) ◽  
pp. 61
Author(s):  
Pamela A Gibson

To have a dis/ability opens the possibilities for seeing (understanding) something different because of difference in the disabled’s lens or worldview. Public administration is awash in self-doubt, discomfort and confusion. As it struggles with setting, moving and removing academic boundaries of the discipline, public administration reveals its own dyslexia. The disabling of public administration offers a view from the balcony (or orchestra pit) granting a greater appreciation of ‘the other’ in the public administration student, public administration theory and public administration practices. The dyslexic individual and institution can suffer and celebrate contradiction, paradox, irony, and other delimiting arenas of learning without resistance. Successful learning and understanding can come not in spite of but because of apparent disabilities.


Author(s):  
Lucia Lichnerová

The study To Publish, Make Known and Sell is based on verified existence of competition tensions between the 15th century typographers/publishers, related to the absence of functional regulatory tools of book production of the incunabula period. The increase in the number of book-printers within the relatively narrow geographical area, disregard of publishers’ privileges, the emergence of pirated reprints, as well as insufficient self-promotion on the book market through introducing novelties had concentrated typographers’ attention on devising new tools of securing their triumph in publisher’s competition – the so called book advertisements. The author has analysed 44 promotional posters of the incunabula period from several points of view and attempted to identify their design elements, which on the one hand showed signs of certain standardization, while on the other hand they were subject to personal creativity of their creator. She gives detailed overview of the circumstances of the origin, typographic design and contents of book advertisements of several kinds within the context of promoting either the existing or planned editions, of one edition or a group of books; specifically focusing on the unique types of advertising. In conclusion, the author cites the circumstances of the extinction of book advertisements related to the rise of the new promotional tool – booksellers’ catalogue and submits a bibliography of the book advertisements dating from the 15th century.


2015 ◽  
Vol 49 (10) ◽  
pp. 1403-1423 ◽  
Author(s):  
Muhammad A. Nisar

This article focuses on the personal dimension of the identity crisis in public administration and its impact on academic research. Devoid of a socially recognizable secure academic identity, practitioner represents the closest to an authentic identity for the public administration researcher. This identification with the practitioner comes at a price and leads to the treatment of “public” as the Other in public administration research. Drawing insights from Said’s treatment of the concept of the Other, various dimensions of the discourses of power and knowledge in public administration which lead to categorization of the public as the Other are discussed.


Author(s):  
Igor Zvarych ◽  
Olena Zvarych

This article highlights current issues of effectiveness and efficiency of the public administration system. Using systemic and synergetic approaches, methods of analysis and synthesis, induction and deduction, comparative analysis it is established that the effectiveness of management is a result compared with the cost of achieving it (they include not only direct costs of management, but also implementation management decisions). At the same time, the tools of public administration can be divided into four types: organizational structures; belief; rules; financial resources, and their capabilities – two: external, which include the legal framework, leadership and resources, and internal in the composition of people, processes and strategies. At the same time, its effectiveness should be assessed in two ways: on the one hand, by assessing the available opportunities and the extent to which they are used to achieve organizational results (socalled internal efficiency), and on the other – by assessing the final achievements (external). The organizational results of public administration should be considered in two aspects. On the one hand, it is the implementation within the legal framework in accordance with the chosen strategy and under a certain guidance of such opportunities as resources, which means their allocation in accordance with the goals and objectives of the organization; processes and structures, which means their organization to achieve goals and objectives; and people, is the change of certain human factors, the emergence or resolution of existing conflicts, and so on. At the same time, the criteria for the effectiveness of public administration: the purposefulness of the organization and functioning of the public administration system; spending time on management issues and management operations; the state of functioning of the public administration system, its subsystems and other organizational structures; the complexity of the organization of the subject of public administration, its subsystems and units; the cost of maintaining and ensuring the proper functioning of such a management system. Therefore, based on the most common interpretation of the concept of efficiency, it is considered as a result compared with the cost of obtaining it. At the same time, the efficiency of management is a relative characteristic of a particular social governing system, reflected in various indicators that have both quantitative and qualitative features, the achievement of which is especially important in the development of modern civilized system market relations in modern Ukraine and its fustified relentless European integration aspirations.


2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.


Author(s):  
Giuseppina Pensabene Lionti

<p>Las normas contenidas en la Ley n. 124/2015 (“Reforma Madia”) abren un nuevo período de reformas del empleo público italiano, según los (proclamados) principios de simplificación, flexibilidad y unidad. Las previsiones concernientes al personal directivo público contenidas en el art. 11 de la citada Ley y en el esquema de decreto legislativo aprobado el 26 agosto de 2016 suscitan especial interés. Entre ellas, destacan las relativas a la unificación de los “ruoli dirigenziali” y a la abolición de las “due fasce”; no sólo por su alcance innovador, sino también por las conexas consecuencias que de ellas derivan y que se reflejan tanto en las modalidades de selección de dicho colectivo (aún en el ámbito de la especificidad de cada una de las “ramas” de la Administración Pública), como en la asignación del puesto y en el sistema de atribución de los cargos directivos. Se señalan pues los aspectos de mayor criticidad de la nueva regulación, sobre todo bajo el perfil de las responsabilidades, de la eficacia de las funciones públicas y de la armonía constitucional; pudiendo derivar este “hipernormativismo” en una disminución de tutelas efectivas. Todo ello sin abandonar un enfoque crítico sobre la “evanescencia” de dicha reforma que todavía no ha entrado en vigor, puesto que el Tribunal Constitucional italiano, con la sentencia n. 251 del 25 de noviembre de 2016, ha declarado la inconstitucionalidad, entre otras normas, del citado art. 11.</p><p>This paper examines the provisions contained in Law n. 124/2015, that opened a new season of reforms for the Italian public labour, in accordance with the (declaimed) principles of simplification, flexibility and unity. It is worth highlighting the legal framework provided by article 11 and by the decree law approved last August, in particular focusing on the unification of directive roles and the abolition of the two executive classes. The innovative character of the recently mentioned article (which was affected by the n. 251/2016 ruling of the Constitutional Court), has also affected the process for the selection of executives in the different areas of the Public Administration; hence, the new norms have adjusted the procedure for the assignment of roles and entrustment of the heads of the Administration. All of this it is examined without leaving a critical view of this reform that has not been approved yet.</p>


Author(s):  
Ubbo Visser ◽  
Heiner Stuckenschmidt ◽  
Holger Wache ◽  
Thomas Vogele

Environmental information systems have gained more importance both in the public administration and industry since the beginning of 1990. For example, in public administration, every state in the Federal Republic of Germany has developed a type of environmental information system. National and European legislation demanding far reaching transparency in the state of the environment encouraged this development. In industry on the other hand, environmental information systems are used for cost- and product-specific recording of waste flows. These are used to point out weak points within the companies’ processes.


2021 ◽  
Author(s):  
Anna Dolata-Zaród

Abstract The aim of this article is to present text markers as a dialogical mechanism in the French language used in a legal setting. The dialogue between the court and the public administration takes place primarily through a judgment’s justification. On the other hand, the dialogue between the authorities and the court takes place in two possible variants: as a response to the parties allegations raised in the complaint or cassation complaint or as arguments formulated in the cassation complaint. Analyzing the decisions issued by the French Cour de cassation, one may notice that this material is characterized by three aspects: intentional, conventional and institutional, as it refers to a set of established beliefs about the nature of the world of a given community.


Author(s):  
Sester Peter

This chapter examines investment arbitration in Brazil. In the 1990s, the country signed a dozen Bilateral Investment Treaties (BITs). These included clauses modelled on the framework for classic investor-state-arbitration. However, these BITs were never ratified and there are no signs that this will soon change. In recent years, Brazil has entered into a new type of investment agreement with a number of emerging markets. These contracts do not provide for investor-state-arbitration, but rather a kind of conciliation or meditation mechanism on the state-to-state level, which has never been tested so far. Since 2015, however, Brazil has been heading towards a new type of investment arbitration based on Brazilian Arbitration Law (BAL) and the New York Convention (NYC). In this new type of arbitrations, the public administration will, in principle, be represented by its own state attorneys. The arbitration framework used by Brazilian public administration is modelled on the legal framework of Commercial Arbitration, though with some important modifications mainly serving the interest of public administration.


Author(s):  
J. Manjarrez

Key words: Public ethics, good government, civil servant, corruption.Abstract. Modern societies demand governments promoting equitable and sustainable development and combating corruption. In the different areas of the public administration, factors such as transparency, efficiency, effectiveness, accountability, economy, human rights and respect to the legal framework are of great relevance for a good government. In Mexico it is necessary to reinforce the ethical aspect in the public administration to diminish the level of corruption. The ethical behavior of the public servant is related to integrity, honesty,transparency, expertise and leadership, it is part of the social capital of a country and a necessary condition to a good government and to eradicate corruption. It is essential to establish efficient systems, programs and mechanisms to promote the importance of ethics in government and society. Finally, society must vote to punish or reward the government performance, recognize its social duties and rights, demand the equal exercise of the law andalways act ethically.Palabras clave: Ética pública, buen gobierno, servidor público, corrupción.Resumen. Las sociedades modernas exigen gobiernos promotores de un desarrollo sustentable y equitativo y que disminuyan la corrupción. En las diversas áreas de la administración pública destacan los siguientes factores como elementos clave de un buen gobierno: transparencia, eficiencia, eficacia, austeridad, rendición de cuentas, respeto a los derechos humanos y legalidad. En México es necesario reforzar la ética pública para abatir los altos niveles de corrupción. El comportamiento ético del servidor público se relaciona conintegridad, honestidad, transparencia, capacidad y liderazgo, es parte del capital social de un país y condición necesaria para mejorar el servicio que ofrecen los gobiernos y para abatir la corrupción. Es imprescindible establecer sistemas, programas y mecanismos eficientes que promuevan la importancia de la ética pública. Finalmente, se destaca que la sociedad debe premiar o castigar en las urnas el desempeño del gobierno; ejercer sus derechos y cumplir con sus obligaciones sociales; exigir la aplicación indiscriminada de la ley y; observar, entodo momento, un comportamiento ético.


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