scholarly journals La loi française du 11 juillet 1979 relative à la motivation des actes administratifs

2005 ◽  
Vol 21 (3-4) ◽  
pp. 961-984
Author(s):  
Georges Péquignot
Keyword(s):  
Prime Minister ◽  
Administrative Law ◽  
General Application ◽  
The Public ◽  
Administrative Action ◽  
Statutory Requirement ◽  
Unfavourable Effect ◽  
To Come ◽  
Made In

This paper summarizes the changes brought about in French administrative law by a law of 1979 imposing on administrative authorities a broad duty to give reasons for their decisions. Traditionally, the state of the law had been that, failing a specific statutory requirement, administrative authorities were under no obligation to provide reasons. This, however, had not prevented the Conseil d'État from reviewing administrative action — even of a clearly discretionary nature — for unlawfulness or impropriety of motives. The new law is aimed at improving communications between administrative authorities and the public. It reverses the former rule for three broad classes of decisions concerning individual cases : those having an unfavourable effect on rights and interests, those allowing for more favourable treatment than is provided under a rule of general application, and those made by social security and unemployment assistance agencies. Alleviation or disregard of the new rule is allowed in cases of emergency, where confidentiality or secrecy is required by law, or where, no decision being made in a prescribed time, a negative decision is deemed to have been rendered. Guidelines for the implementation of the new law have been issued by the Prime Minister to all Ministers; the latter have in turn issued more detailed instructions to decision-making officers in their departments. Further guidance will have to come from the administrative courts when they are called upon to review decisions for insufficiency or impropriety of reasons. Ultimately, however, achievement of the goal of improving the quality of intercourse between citizens and administrative authorities will require the development of a more open and trustful relationship between them.

scholarly journals IMPROVING THE EFFICIENCY OF CANADA’S PUBLIC SERVICE

2017 ◽  
Vol 3 (4) ◽  
pp. 67-73
Author(s):  
Наталья Касаткина ◽  
Natalya Kasatkina
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Monitoring And Evaluation ◽  
Educational Process ◽  
Public Servants ◽  
The Public ◽  
Level Of Training ◽  
Resources Planning ◽  
Made In

Improving the efficiency of public service is an important area for overcoming the crisis in relations between the state, society and a citizen. Modernization of civil service of Canada is carried out in a number of ways. Changes were made in a recruitment order for civil service by means of expansion of the powers of persons competent to solve these issues in ministries and government departments. One of the directions for improving the quality of the civil service was an increase in the level of training of public servants. Coordination of the educational process in various government departments is carried out by the Canadian School of Public Service. The system of human resources planning has been introduced. The quality of public services provided is improved with help of timely providing them in compliance with all requirements of a particular government department, and taking into account the rights of citizens by achieving a balance between the services provided and the money spent for this purpose and regular monitoring and evaluation of the dynamics of the providing process of services. One of the areas of modernization of the public service is the introduction of strict control over of public servants’ ethical standards. Actions that lead to a conflict of interest are legislatively prohibited. Strict bans in Canada are implied regarding the employment of persons who replace public office after the end of their career. As a result of the measures taken to fight corruption, including a sphere that is largely susceptible to corruption risks, Canada is among top ten countries with the least corruption. Achievement of positive results in the activities of civil servants became possible due to the state’s special attention to the issues of its modernization.

Digital Divide and the ICT Paradigm Generally and in Estonia

2005 ◽  
pp. 182-187
Author(s):  
Tarmo Kalvet
Keyword(s):  
Quality Of Life ◽  
Economic Growth ◽  
Developing Countries ◽  
Public Sector ◽  
New Technologies ◽  
Third Wave ◽  
The Public ◽  
The Third ◽  
Made In

A multitude of writings have appeared since the 1970s describing how societies have undergone “information revolutions” (Bell, 1973; Castells, 1998; Masuda, 1981), “the third wave” (Toffler, 1980), etc. Indeed, ICT development has been explosive in both developed and developing countries since the 1990s. This, in turn, has given some countries an opportunity for bigger economic growth; attempts have been made in a majority of countries to rearrange the organization of the public sector, and individuals have experienced a rise in the quality of life due to the introduction of new technologies.

L'impegno nucleare di Edf in Francia e nel mondo

2009 ◽  
pp. 91-97
Author(s):  
Bruno D'Onghia
Keyword(s):  
Best Practices ◽  
Legal Framework ◽  
Nuclear Program ◽  
The Public ◽  
Stop And Go ◽  
Single European Market ◽  
European Standards ◽  
To Come

- The success of the French nuclear program can suggest valuable lessons to Italy if she wants to come back to this technology: - nuclear is a choice of long-term that requires stable and long lasting strategies and does not tolerate "stop-and-go" and change of mind according to the pace of change of political majorities and governments; - in order to be competitive, a number of standardized reactors not too distant in time has to be realized; - the "country system" must be able to manage a complex industrial program, not in autarky, but in the framework of the single European market; - the public acceptance attitude should be developed and consolidated over time through the quality of industrial initiatives and demonstration of knowing how to achieve to announced targets; - the legal framework for the authorization process and the organization of the security authority should be guided by the international "best practices". The adoption of European standards and a European "design certification" should also be promoted.Key words: Nuclear energy, Edf strategies, nuclear waste.JEL classifications: G11, L20, L94

scholarly journals Heroes, Mates and Family: How Tragedy Teaches Us About Being Australian

2010 ◽  
Vol 16 (1) ◽  
Author(s):  
Sarah Gillman
Keyword(s):  
Media Coverage ◽  
Prime Minister ◽  
The Public ◽  
John Howard ◽  
Public Reaction ◽  
2004 Tsunami ◽  
Mine Rescue ◽  
Made In

In his 2006 Australia Day address to the National Press Club in Canberra, the then prime minister, John Howard, told journalists that ‘people come to this country because they want to be Australians’. However, as Howard himself admitted, ‘The irony is that no institution or code lays down a test of Australianness’. So how can we know what it is to be Australian? One way is to look at the public statements the Howard made in the wake of tragedy and disaster during his decade as prime minister. These statements reinforce the key values of the Howard government: the role of family, the place of heroes and the importance of mateship. This article analyses the public reaction of the Howard during media coverage of events such as the Port Arthur shootings, the Bali bombings, the 2004 tsunami and the Beaconsfield mine rescue. It argues that Howard’s public responses to these tragedies reflect a move on hi part to recapture the cultural debate and define what it is to be an ‘Australian’.

scholarly journals Site-Specific and Country-of-Origin Labeling for Pharmaceutical Manufacturing

2022 ◽  
pp. 106002802110695
Author(s):  
Randy C. Hatton ◽  
Greg Leighton ◽  
Libbe Englander
Keyword(s):  
The United States ◽  
Poor Quality ◽  
Pharmaceutical Manufacturing ◽  
The Public ◽  
News Reports ◽  
Pharmaceutical Ingredients ◽  
Country Of Origin Labeling ◽  
Regulatory Changes ◽  
Made In

There is increasing concern about the quality of pharmaceuticals, especially generics made in Asia. Popular books and news reports have the public questioning the quality of pharmaceuticals. Recalls and import bans shake confidence in medications, particularly for active pharmaceutical ingredients and finished dosage forms made outside the United States. The Food and Drug Administration uses geography to allocate resources for manufacturing surveillance. Site of manufacturing labeling, including the country, could be linked to the facility’s quality score to assess the risk of poor quality. Clinicians should advocate for legal and regulatory changes to increase the transparency of pharmaceutical manufacturing of products.

scholarly journals Los institutos y escuelas de Administración Pública como centros de gestión del conocimiento para la innovación. la experiencia de la EFIAP.

2019 ◽  
pp. 72-84
Author(s):  
Francisco SAAVEDRA GARCÍA ◽  
Ángel INIESTA NICOLÁS
Keyword(s):  
Knowledge Management ◽  
Human Resources ◽  
Public Administration ◽  
Effective Management ◽  
Continuous Training ◽  
The Public ◽  
Administrative Action ◽  
Rapid Changes ◽  
Recursos Humanos

Laburpena: Administrazio publikoak gaur egun duen erronka handienetako bat honako hau da: zerbitzatzen duen gizarteak bizi dituen aldaketa azkar eta etengabeetara egokitzeko gaitasun nahikoa izatea. Egia esan, Administrazio publikoa aldakorra den ingurunera egokitzeko aski arina izateaz gain, aldaketa horiei aurre hartzeko gai ere izatea nahiko genuke. Prestakuntza eta, bereziki, ezagutzaren kudeaketa aldaketa faktorea dugu, eragina izan behar duena administrazioaren ekintzaren modernizazioa eta kalitatean. Horrenbestez, enplegatu publikoaren etengabeko prestakuntzaren bidez eskuratzen den ezagutza horrek administrazio berri batera egokitu behar du, eta administrazio horrek prestakuntza, giza baliabideen eskubide batez harago, profesionalizazio eta aldaketarako elementu gisa ulertu beharko du, kudeaketa eraginkorrago eta efizienteagoa lortze aldera. Hori dela eta, Murtziako Eskualdeko Administrazio Publikoko Prestakuntza eta Berrikuntza Eskolan (aurrerantzean, EFIAP) ezagutzaren kudeaketa funtsezko tresna iruditzen zaigu berrikuntzarako, administrazioaren aldaketarako eta langileen motibaziorako, izaera publikoaren balioa nabarmenduz prestakuntza-ekintza guztietan. Hau da, herritarrei ematen zaien zerbitzu horrek izan behar du Administrazioaren izateko eta jarduteko arrazoia. Resumen: Uno de los principales desafíos a los que se enfrenta hoy día la Administración pública es el de tener suficiente capacidad de adaptación a los continuos y rápidos cambios que vive la sociedad a la que sirve. En realidad, la Administración pública no solo debe ser suficientemente ágil para adaptarse al medio cambiante, sino que sería deseable que fuese capaz de anticiparse a esos cambios. La formación, y más concretamente la gestión del conocimiento, es un factor de cambio que debe incidir en la modernización y calidad de la acción administrativa. Por ello, el conocimiento a través de la formación continua del personal empleado público debe adaptarse a una nueva Administración que reconozca dicha formación, no sólo como un derecho de sus recursos humanos, sino como un elemento de profesionalización y cambio para una gestión más eficaz y eficiente. Por esta razón, desde la Escuela de Formación e Innovación de la Administración Pública de la Región de Murcia (en adelante EFIAP) apostamos por la gestión del conocimiento como la herramienta esencial para la innovación, el cambio en la Administración y la motivación de su personal, inculcando el valor de lo público en todas las acciones formativas. En definitiva, una Administración en la que en su razón de ser y actuar esté el servicio a la ciudadanía. Abstract: One of the main challenges facing the public administration today is to have sufficient capacity to adapt to the continuous and rapid changes that the society it serves experiences. In reality, public administration must not only be sufficiently agile to adapt to the changing environment, but it would be desirable if it were able to anticipate these changes. Training, and more specifically knowledge management, is a factor of change that must affect the modernization and quality of administrative action. Therefore, knowledge through the continuous training of public employed personnel must be adapted to a new Administration that recognizes such training, not only as a right of its human resources, but as an element of professionalization and change for more efficient and effective management. For this reason, from EFIAP we are committed to knowledge management as the essential tool for innovation, change in administration and the motivation of its staff, instilling the value of the public in all training actions. In short, an Administration in which service to citizenship is its raison for being and acting

scholarly journals Socioeconomic and parasitological aspects in Quilombola communities in two of the oldest municipalities in Brazil

2019 ◽  
Vol 21 (6) ◽  
pp. 1-7
Author(s):  
Alline Mikaele Nunes Wildemberg Brauer ◽  
Débora Barreto Teresa Gradella ◽  
Anelise Andrade de Souza ◽  
Marco Antônio Andrade de Souza
Keyword(s):  
Public Health ◽  
Health Service ◽  
Public Health Service ◽  
Septic Tank ◽  
The Public ◽  
Piped Water ◽  
Basic Sanitation ◽  
Study Population ◽  
Made In

Objective To carry out a socioeconomic, demographic and parasitological evaluation of quilombola communities in two of the oldest municipalities in Brazil.Material and Methods Between December 2015 and June 2016, of the total of 231 residents of the communities, socioeconomic questionnaires were applied and fecal samples collected from 150 individuals were analyzed by spontaneous sedimentation method and the Kato-Katz method.Results It was observed that 95.3% (n=143) of the interviewees had piped water at their residence, and 76% (n=114) came from wells or springs; 85.3% (n=128) reported that the toilet drain was made in a rudimentary septic tank and 59.3% (n=89) reported having litter buried or burned, showing precarious conditions in basic sanitation. Still on socioeconomic aspects, 80.7% (n=121) of the individuals reported having access to the public health service. Parasitological tests were positive for 48% (n=72) of the analyzed samples, and 25% (n=18) had two or more parasites. The most frequent organism in the study population was the commensal Entamoeba coli (55.6%, n=40), followed by Ascaris lumbricoides (19.4%, n=14) and the commensal Endolimax nana (16.7%, n=12). The Poisson regression showed an increase of 1.59 in the prevalence of parasites for individuals who do not have access to the public health service, when compared to those who have access to these services.Conclusions The results indicate the need to implement public health measures in order to reduce, prevent and treat the parasitological condition of the population to obtain better conditions and quality of life.

The Inter-Relationship between Administrative Law and Labour Law: Public Sector Employment Perspectives from South Africa

2017 ◽  
Vol 30 (2) ◽  
pp. 319-346
Author(s):  
Marius Olivier ◽  
Avinash Govindjee
Keyword(s):  
South Africa ◽  
Public Sector ◽  
Administrative Law ◽  
Employment Relationship ◽  
Labour Law ◽  
The Public ◽  
Administrative Action ◽  
Public Sector Employment ◽  
Public Sector Employees ◽  
Legal Position

The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.

The Management of Sports Activities within a Fitness Center

2019 ◽  
pp. 27-37
Author(s):  
Irene Teodora Nica ◽  
Puiu Anatolie Budevici
Keyword(s):  
Point Of View ◽  
Synthetic Image ◽  
Public Authorities ◽  
Study Objective ◽  
Fitness Center ◽  
The Public ◽  
Continuous Progress ◽  
Strategic Element ◽  
Made In

The study objective is to closely observe the evolution or involution of the disciplines within thefitness center, with the purpose of later intervening in improving its image as well as the quality of the services provided, in order to satisfy the expectations of the clients. The data collected and then interpreted were graphically represented by a synthetic image of the main values considered. Also, the data obtained from the comparisons between the resulting values were analyzed and interpreted. The present study consists in carrying out an analysis as objective as possible from the point of view of the interactions between people, within a fitness center. The objective is to closely monitor the relationships between the departments, the management of the fitness center and the employees within the company, but also in relation to the public authorities and other partner companies. The human factor is currently the strategic element on which the good conduct of business activities depends. Satisfaction in work can be obtained by recognizing the merits, the possibility of promotion, obtaining special achievements, possibilities of professional progress, following the improvement of working conditions, carrying out an evaluation of the strengths and the defects already existing. All these steps are made in order to obtain continuous progress.

The Rise of Court Government in Canada

1999 ◽  
Vol 32 (4) ◽  
pp. 635-664 ◽  
Author(s):  
Donald J. Savoie
Keyword(s):  
Prime Minister ◽  
Policy Instruments ◽  
National Unity ◽  
The Public ◽  
The Media ◽  
The Government ◽  
Government Of Canada ◽  
Acting In Concert ◽  
Made In

AbstractThe article challenges long-established conventions about how Canada's federal government works. It argues that Cabinet has joined Parliament as an institution being bypassed. In the late 1990s, political power is in the hands of the prime minister and a small group of carefully selected courtiers rather than with the prime minister acting in concert with his elected cabinet colleagues. The article reviews the forces that have led to the rise of court government and the policy instruments and administrative tools that enable it to function. National unity concerns, the role of the media and lobbyists, as well as reforms at the centre of government and globalization, have all served to reshape how policy and decisions are made in the government of Canada. The changes hold important implications, not just for cabinet government, but also for the public service and Canadians themselves.

Sign in / Sign up

Export Citation Format

Share Document