Mediation als Instrument der frühen Öffentlichkeitsbeteiligung gem. § 25 Abs. 3 VwVfG

2020 ◽  
Author(s):  
Annika Schreiber
Keyword(s):  
Public Participation ◽  
Constitutional Law ◽  
Empirical Test ◽  
Public Authorities ◽  
Face To Face ◽  
Administrative Procedure ◽  
Building Trust ◽  
Planning Decisions ◽  
German Constitutional Law ◽  
Public Decision

Early public participation according to par. 25, sect. 3 of the German Administrative Procedure Act was introduced to create broader acceptance of public planning decisions. In order to be effective, any public participation procedure has to establish trust and confidence in public decision-making. This study analyses the trust relationship between citizens and public authorities within the limits of German constitutional law, and evaluates mediation as an instrument of early public participation. The empirical test the study conducts provides evidence that face-to-face communication is key. Mediation proves to be an effective procedure for building trust and confidence in public planning decisions.

scholarly journals The term «protest» in constitutional law: the meaning and contents

2016 ◽  
Vol 3 (1) ◽  
pp. 163-169
Author(s):  
M A Riekkinen
Keyword(s):  
Public Participation ◽  
Russian Federation ◽  
Constitutional Law ◽  
Public Authorities ◽  
Law System ◽  
The Russian Federation ◽  
The Right

This article attempts to define the meaning and contents of the concept «protest» as it exists in constitutional law. The author abstains from acknowledging «the right to protest» in Russia’s constitutional law system. Instead it is studied how the opportunities to express the protest against decisions, actions (or lack thereof) by public authorities can be implemented as the modes of substantive public participation. The author considers the differences between formal and substantive public participation while emphasizing that the Constitution of the Russian Federation avoids direct usage of such terms as «protest», «criticism», or «objections» with respect to both types of such participation.

Group Communication in City Planning Decisions (on the example urban projects of Moscow region)

Communicology ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 53-79 ◽  
Author(s):  
N.A. Samoylova ◽  
O.A. Zhirkov ◽  
S.V. Belkin
Keyword(s):  
Urban Planning ◽  
City Planning ◽  
Living Environment ◽  
Communicative Interaction ◽  
Public Authorities ◽  
Planning Decisions ◽  
Spatial Environment ◽  
Information And Communication ◽  
Planning Development ◽  
Political Economic

The authors set out the basics of urban planning policy and represent the capabilities of modern information and communication tools for an integrated way of fixing the material and intangible world for urban planning purposes in the living environment (material and spatial environment). Namely, the possibilities of communication in the field of urban planning development carried out in the context of many circumstances cover federal, regional, municipal and corporate levels of management, while taking into account political, economic, social and technological relevant factors, as well as historical and national special aspects and urban planning typology of territories. The authors describe the operation of the developed computer program Decision Support Solutions (DSS) for evaluating decision options by interested participants in urban planning activities for various urban planning types of territories. The relevance of the article is driven by the need for practical use and legalization of the presented communicative interaction. This will facilitate the identification and solution of conflicts at the pre-project stage of urban planning, as should help to consider the requirements of consumers and their support for ongoing decisions and actions of public authorities at all levels.

scholarly journals The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

2016 ◽  
Vol 44 (1) ◽  
pp. 35-42
Author(s):  
Claus Koggel
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Case Law ◽  
Legislative Process ◽  
Constitutional Court ◽  
Current Case ◽  
Basic Law ◽  
Federal Constitutional ◽  
Legislative Procedure ◽  
German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

scholarly journals The Freedom of Religion and Entrepreneurship: In Search of a Constitutional Law Balance

2020 ◽  
Vol 11 ◽  
pp. 34-40
Author(s):  
Arseniy A. Scherbinin ◽  
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Optimal Solution ◽  
Entrepreneurial Activity ◽  
Freedom Of Religion ◽  
Public Authorities ◽  
The Relationship ◽  
Fair Balance

The article is devoted to the analysis of the key problems that public authorities face in their law enforcement practice when the question arises of the relationship between freedom of religion and freedom of entrepreneurial activity, as well as the search for an optimal solution in order to establish a fair balance between them.

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.

scholarly journals “OBJEKTFORMEL” – EVENTUAL ACTS OF DAMAGE TO HUMAN DIGNITY

2014 ◽  
Vol 8 (4) ◽  
pp. 19-26
Author(s):  
Izabela Bratiloveanu
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Constitutional Law ◽  
Categorical Imperative ◽  
Constitutional Court ◽  
European Court ◽  
Federal Constitutional ◽  
German Constitutional Law ◽  
First Time

 The Object formula („Objecktformel”) has been designed and developed in the mid century XX by Günter Dürig, starting from the second formula of Kant's categorical imperative. The Federal Constitutional Court of Germany took the formula and applied it for the first time in the case of the telephone conversations of December 15, 1970. The Object formula („Objecktformel”) was taken from the German constitutional law and applied in the jurisprudence of the European Court of Human Rights.

scholarly journals Public Participation in African Constitutionalism

2019 ◽  
Vol 22 ◽  
pp. 1-7
Author(s):  
Werner Menski
Keyword(s):  
Public Participation ◽  
Constitutional Law ◽  
Fine Tuning ◽  
Comparative Constitutional Law ◽  
Responsible Governance ◽  
Constitution Making

This review explores why public participation in constitution-making matters for cultivating responsible governance and for fine-tuning justice, focused on immensely rich African evidence within a broader comparative constitutional law context.  

scholarly journals CONSULTATIONS WITH THE PUBLIC AND STUDY OF PUBLIC OPINION AS ADMINISTRATIVE PROCEDURES: GENERAL CHARACTERISTICS

2020 ◽  
pp. 140-150
Author(s):  
В. О. Кінзбурська
Keyword(s):  
Public Opinion ◽  
Public Information ◽  
Public Consultation ◽  
Public Authorities ◽  
Competitive Selection ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Public Consultations ◽  
Public Monitoring

In the article the author defines the list of administrative procedures of interaction of state bodies with the public, which includes the procedures that arise in connection with: 1) public consultations (organization and conduct of public discussions of regulations); 2) the study of public opinion; 3) involvement of the public in the work of commissions established under public authorities; 4) exercising public control and supervision; 5) carrying out information activities of state bodies (publication of public information about the work of state bodies, providing answers to public requests for information); 6) activities of public councils in terms of interaction with state bodies (conducting public consultations, conducting public monitoring, holding meetings of the public council and making decisions of a recommendatory nature); 7) submission of appeals and requests for information (application of administrative procedures). The author analyzes some administrative procedures of interaction of state bodies with the public, namely: conducting public consultations and studying public opinion. The key features of the administrative procedure of public consultations are identified, which include: its dual form of implementation, as such consultations can be carried out both in person and via the Internet; availability of mandatory and optional stages; close connection with other administrative procedure related to the implementation of information activities of public authorities; obligatory documentation of the result in the form of a report, and in case of a face-to-face consultation with the public, also a protocol; the possibility of initiating this procedure by both entities government agencies and civil society institutions. It is noted that the administrative procedure for the study of public opinion is similar to the general administrative procedure for public consultation, but has its differences, in particular: it is initiated exclusively by state bodies (executive authorities); has no optional stages; provides for competitive selection among the subjects of public opinion polls, ie in fact it is a different administrative procedure for competitive selection; does not require logging, and the main document for the implementation of such a procedure is a report.

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