The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities

2001 ◽  
Vol 4 ◽  
pp. 153-165
Author(s):  
Amandine Garde
Keyword(s):  
Public Service ◽  
Service Provision ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
General Law ◽  
Definition Of ◽  
Economic Function

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.

The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities

2001 ◽  
Vol 4 ◽  
pp. 153-165
Author(s):  
Amandine Garde
Keyword(s):  
Public Service ◽  
Service Provision ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
General Law ◽  
Definition Of ◽  
Economic Function

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’. This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.

scholarly journals The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Public Authority ◽  
Constitutional Court ◽  
State Council ◽  
Federal Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

scholarly journals Theoretical and practical bases of the head's activity in formation and estimation of professional interests of public servants in Ukraine

2020 ◽  
Vol 8 (3) ◽  
pp. 71-80
Author(s):  
Dmytro Osypov
Keyword(s):  
Public Service ◽  
Professional Education ◽  
Professional Competence ◽  
Factor Model ◽  
Public Authority ◽  
Learning Ability ◽  
Professional Activity ◽  
Public Servants ◽  
Public Authorities ◽  
The Public

In the article, the author proposes the structure of the reflexive-acmeological approach to the development of professional interests from the position of acmeology in the practical activities of the heads of public authorities and heads of the public service, which includes several aspects: educational and educational, professional and creative.The importance of professional education and assessment in the context of the topic of the article has been clarified and expanded, a two-factor model (cycle) of the formation of the professional interests of public servants (acmeological approach) has been proposed, and the tasks of personnel management in the field of public administration have been clarified as a cyclic use of stimulating and activating reserves of professional interests in the form of directions of activity.It is recommended to use specific acmeological approaches in the diagnosis (assessment) of the professional interests of public servants for heads of public authorities and public service leaders: problem; situational and systemic genetic.Professional education as a practical activity of leaders provides for the development of such qualities as: proper subjectivity – the formation of the life position of a «doer», «leader»; professional learning ability, education, and therefore – professional competence; tolerance as an understanding of the values of another person, as an acknowledgment of dissent; functional literacy. The components of the professional activity of the head of a public authority or the head of the public service are: mobility of professional skills; social determination of activity; integrity and completeness of work; subjective autonomy; feedback.Specific components of the professional activity of the head of a public authority or the head of a public service, which have a competence-based nature, as well as appropriate techniques are proposed.

scholarly journals Boa administração: um direito fundamental a ser efetivado em prol de uma gestão pública eficiente

2018 ◽  
Vol 277 (3) ◽  
pp. 105
Author(s):  
Salomão Ismail Filho
Keyword(s):  
Public Service ◽  
Constitutional Law ◽  
Public Management ◽  
Good Governance ◽  
Human Person ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Definition Of ◽  
Right To Good Administration

<p>Good administration: fundamental right to be implemented in favor of efficient public management</p><p> </p><p>O direito administrativo moderno encontra-se intrinsecamente relacionado com o direito constitucional. Uma consequência de tal relação é o direito fundamental a uma boa administração. O conceito de boa governança, de caráter mais amplo e multidisciplinar, e o princípio da eficiência auxiliam na definição daquilo que seja uma boa administração no serviço público. É dever do gestor público/decisor político atender aos objetivos fundamentais da Constituição por meio de uma administração que concilie os custos orçamentários com os interesses e necessidades do administrado, ou seja, a pessoa humana, razão de ser do Estado.</p><p> </p><p>Modern administrative law is intrinsically related to constitutional law. One consequence would be the so-called fundamental right to good administration. The concept of good governance, broader and multidisciplinary, and the principle of efficiency help in the definition of what good administration is in the public service. The public and political manager has the duty to comply the fundamental objectives of Constitution through a management that reconciles the budget costs with interests and needs of the administered, that is, the human person, reason for existence of the State.</p>

scholarly journals Constitutional and legal principles of regionalization in European countries: structural and functional characteristics of the mechanism of public power

2021 ◽  
Author(s):  
A. A. Grynchak
Keyword(s):  
Local Governments ◽  
Local Level ◽  
The State ◽  
European Countries ◽  
Federal State ◽  
Public Authorities ◽  
Public Power ◽  
Decentralized System ◽  
The Public ◽  
Democratic State

The article analyzes the basic principles of regionalization in European countries and highlights the key features of the mechanism of functioning of public authorities in the context of regionalization. The European experience convincingly shows that an effective decentralized system of territorial organization of public power and administration is an integral part of a modern democratic state governed by the rule of law. The institutional basis for such a system is effective local government and balanced regional development. Decentralization and regionalization are interconnected: regionalization cannot occur without decentralization. Regionalization is, in fact, decentralization, taking into account the regional characteristics of the state. Based on the principle of division of powers, for each democratic state it is necessary to delineate the competence of public authorities. In turn, it is extremely important to determine the optimal level of concentration of power powers for each institutional link in the public power system - with the subsequent transfer of “excess” powers to the subjects as close as possible to the population, that is, their decentralization. Regionalization means a way of defining and delimiting tasks and functions, in which most of them are transferred from the level of central bodies to a lower level and become their own tasks and powers of lower-level bodies, in particular, regions. Governance at the local level and in local affairs can be carried out in two ways: both by officials of the state apparatus appointed “from above”, functioning “on the ground” (officials of state authorities), and by local governments and other entities authorized by the state. It can also be noted that the share of administrative activities is assigned to regional bodies or other state-authorized entities. This decentralization of power in the state contributes to the development of democracy, because there is an expansion of the influence of territorial communities, social groups and the public on the implementation of public functions of government in order to optimally meet the diverse needs of the population. Regionalization is associated with the process of redistribution of public power resources (including power) between different levels and centers of public power in two directions: from the state to its internal formation (autonomies, subjects of the federation), and also from the state to cross-border structures and international centers public authorities (trans-European regions, international organizations, transnational corporations). Regionalism should be understood as an interconnected political and economic system that ensures the special status of regional entities in the political system of the state, the participation of regions in the implementation of state power, European integration and international relations, their relative economic and fiscal independence in a unitary and/or federal state. Regionalism is also expressed in policies that stimulate the endowing the regions with a certain degree of political independence. Regionalism is associated with the desire and movement of regions towards freedom of self-government, preservation and respect of their traditional culture and peculiar institutions.

scholarly journals CONCEPTS AND SIGNS OF CIVIL SERVICE AND SERVICE IN THE NATIONAL POLICE OF UKRAINE

2020 ◽  
pp. 132-139
Author(s):  
А. В. Іваниця
Keyword(s):  
Public Service ◽  
Civil Service ◽  
General System ◽  
The State ◽  
Professional Activity ◽  
State Budget ◽  
Police Service ◽  
The Public ◽  
Definition Of ◽  
National Police

The relevance of the article is that in the conditions of constant changes and development of legislation the issue of analysis of new legislation on the conceptual apparatus, features and characteristics of new state institutions, civil service in general and service in the national police in particular is quite relevant. The purpose of the article is to establish the peculiarities of the interpretation of the concept of civil service and service in the police, as well as to present the features of such service. The study analyzes the scientific achievements, which includes the definition of the concepts, features and content of civil service and police service. There is an interpretation of the concept of «service» in the scientific literature and encyclopedic or dictionary publications, it is argued that due to the diversity of the interpretation in the literature there are many examples of interpretation of this definition. The opinions of M. Bilynska, O. Yevmeshkina, I. Surai on the definition of the term «service» and its inherent features are noted, the position on these issues is also highlighted by M. Tsurkan. The article analyzes the concepts of «civil service», proposed by V. Malinovsky, N. Sidorenko, A. Britko, Y. Bytyak, S. Dubenko, Y. Obolensky, M. Inshin, T. Pakhomova, V. Averyanov, L. Stelmashchuk. The erroneous identification of the civil service with the public service is pointed out, as there are so-called political positions that do not belong to the civil service, but are an element of the public service. Emphasis is placed on the features of the civil service (activities to perform the tasks and functions of the state; activities are professional, public, politically neutral and carried out at the expense of the state budget). It is emphasized that the concept of «civil service» is also interpreted in a narrow and broad sense. The study reveals whether police service belongs to the general system of civil service, as well as signs of service in law enforcement (a specific type of human activity, which is implemented in the interests of society; the state determines the boundaries, forms and methods of this activity such a service is a professional activity, etc.). These are laws that define the definition of civil service and police service («On Civil Service» and «On the National Police»).

scholarly journals General considerations on the administrative act (part II)

2021 ◽  
Author(s):  
Victor Vitiuc ◽  
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
New Concepts ◽  
Administrative Act ◽  
Administrative Code

The administrative act represents one of the forms through which the public authority accomplishes its mission, being the most important of these from a legal point of view. The Administrative Code introduces new concepts and regulates the administrative activity that represents all individual and normative administrative acts, administrative contracts, real acts and administrative operations performed by public authorities in public power, thus making it possible to organize law enforcement and direct law enforcement.

scholarly journals THE STATUTORY DEFINITION OF GIFT VALUE AS A “FILTER” FOR EFFECTIVE STATE POLICY IN THE PUBLIC SERVICE

2019 ◽  
Vol 4 (5) ◽  
pp. 122
Author(s):  
Tatiana Kolomoets ◽  
Nataliia Halitsyna ◽  
Serhii Kushnir
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
State Policy ◽  
The State ◽  
The Public ◽  
Public Servant ◽  
The Gift ◽  
Symbolic Value ◽  
Definition Of

The paper substantiates the importance of standardization of gift’s “value feature” for a public person as a reliable “filter” for eliminating threats for effective implementation of the state policy in the public service. Methodology. The analysis of regulatory and law enforcement experience of different countries allowed distinguishing three basic regulatory models of “gift relations” in the public service – prohibitive, permissive, and mixed. Clarification of the essence of each of them led to the conclusion on the expediency to choose the mixed model as an optimal alternative for an effective counteraction to the unlawful, non-purpose use of gift resource in the public service under the conditions of modern reformation state-building and law-enforcement processes. This model due to a simultaneous regulation of the principles of “prohibitive gift” relations, “permissive gift” relations envisages determination of the limits for possible reception of other gifts by public servants. It ensures elimination of the prerequisites as for waking “gift relations” in the public service, so for unreasonable use of the gift as a source for enrichment, encouragement means, and “instrument for influence” on the professional official activity of a public servant. Results. A unique character of the gift in the public-official relations is caused, first of all, by its trifling “symbolic” value. Due to this fact it can be considered as a “symbolic manifestation” of respect, gratitude to a public servant for his competent, honourable, lawful professional official activity. Its symbolic “value feature” is its central feature that causes the need for its obligatory complete regulatory determination. On the basis of the comparative legal analysis of rule-making and law-enforcement experience of different countries, a number of basic approaches to the definition of “value feature” of a gift are distinguished (in a completely determined amount, in a multiple of the guaranteed rates established by the state, in a multiple to the salary of a public servant, in a generalized form without any quantitative indicators and with the list of possible external forms of gift’s manifestation etc.), and it is justified the feasibility of its binding to a certain number of the national currency (“solid”, “constant” indicator). Practical implications. Standardisation of this gift feature along with others which carry out an additional role (frequency of reception and source) should be at the level of the basic legislative act, which consolidates principles of “gift relations” in the sphere of public service in its entirety. Taking into account the importance of this gift feature, any sub-legislative “alternative” in relation to the determination of gift value can’t exist eliminating the grounds for a controversial nature of regulation of relevant relations. Value/originality. It will help to unify the regulatory standards for using gift’s resource in the public service as a whole, regulatory “filtering” effectiveness of the implementation of public policy in the sphere of public service as a whole.

scholarly journals The Public Government: The Composition, Unity and Interaction Essence

2020 ◽  
Vol 10 ◽  
pp. 19-23
Author(s):  
Aleksandr N. Chertkov ◽  
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Effective Interaction ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
Systematic Analysis ◽  
The Public ◽  
The People ◽  
Integrative Property

A systematic analysis of the category of “public authority” was carried out, including its three subsystems, as well as the components and elements of each of the subsystems from the standpoint of the implementation of the law of dialectics on the unity and struggle of opposites. A conclusion is suggested on the combination of the general unity of public authority, the internal unity of state, municipal and public authorities as subsystems of public authority with differentiation and relative autonomy of all elements and components of the public authority system. Such a dialectical combination of unity and separation of powers is achieved through the effective interaction of all components of public power. The effectiveness of interaction can also mean competition between them, provided that the constitutional values of human rights and society remain the integrative property of the system, and the interaction is aimed at ensuring the interests of the people.

Public Service Motivation in Buffy the Vampire Slayer

Public Voices ◽  
2016 ◽  
Vol 12 (1) ◽  
pp. 67 ◽  
Author(s):  
Sharon Mastracci
Keyword(s):  
Popular Culture ◽  
Public Service ◽  
Public Service Motivation ◽  
Public Servants ◽  
Buffy The Vampire Slayer ◽  
The Public ◽  
American Popular Culture ◽  
Public Servant ◽  
Definition Of ◽  
The Individual

In this paper, the author examines public service as depicted in the television series Buffy the Vampire Slayer (BtVS). First, she shows how slaying meets the economist’s definition of a public good, using the BtVS episode “Flooded” (6.04). Second, she discusses public service motivation (PSM) to determine whether or not Buffy, a public servant, operates from a public service ethic. Relying on established measures and evidence from shooting scripts and episode transcripts, the author concludes Buffy is a public servant motivated by a public service ethic. In this way, BtVS informs scholarship on public service by broadening the concept of PSM beyond the public sector; prompting one to wonder whether it is located in a sector, an occupation, or in the individual. These conclusions allow the author to situate Buffy alongside other idealized public servants in American popular culture.

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