3. Governmental Structure

This chapter examines the internal composition, internal powers, and internal procedures of the European Parliament, the European Council, and the Council of Ministers. It begins by looking at the role of the separation-of-powers principle in the European Union. Unlike the US Constitution, the EU Treaties do not discuss each institution within the context of one governmental function. Instead, each institution has ‘its’ article in the Treaty on European Union, whose first section then describes the combination of governmental functions in which it partakes. The European Treaties have thus ‘set up a system for distributing powers among different [Union] institutions’. And it is this conception of the separation-of-powers principle that informs Article 13(2) TEU. The provision is thus known as the principle of interinstitutional balance.

3. Governmental Structure

This chapter examines the internal composition, internal powers, and internal procedures of the European Parliament, the European Council, and the Council of Ministers. It begins by looking at the role of the separation-of-powers principle in the European Union. Unlike the US Constitution, the EU Treaties do not discuss each institution within the context of one governmental function. Instead, each institution has ‘its’ article in the Treaty on European Union, whose first section then describes the combination of governmental functions in which it partakes. The European Treaties have thus ‘set up a system for distributing powers among different [Union] institutions’. And it is this conception of the separation-of-powers principle that informs Article 13(2) TEU. The provision is thus known as the principle of interinstitutional balance.

The Construction of China's Ethnic Politicians on Legislative Powers in North Sumatera Province

This study departs from the general perception that some legislative candidates understand when campaigning in general elections promising to provide economic welfare to the community. The problem is how to bring economic welfare to the community when the governmental function is the executive's authority. This study aims to answer how the construction of ethnic minority politicians (ethnic Chinese) against the concept of legislative power. Through qualitative research methods, this study will answer research questions using deductive and interpretive data analysis. Data obtained through literature studies and interviews. The results of the research conducted show that Chinese ethnicity has constructed legislative power as a theoretical concept in the modern era but at the level of activity has a variant of skills in articulating.

Public Roads

This chapter discusses Article XVI of the Oklahoma constitution, which concerns public roads. Building and maintaining a state highway system is a mandatory governmental function over which the state enjoys “sovereign immunity.” Section 1 states that “the Legislature is directed to establish a Department of Highways, and shall have the power to create improvement districts and provide for building and maintaining public roads, and may provide for the utilization of convict and punitive labor thereon.” Section 2 clarifies that the state does not attempt to preempt the federal government’s actions and rights with regard to the public highways. It also assures that this provision was not intended to take away the rights of a Native American tribe. Section 3 gives the legislature broad powers to use its discretion to make, and to generate money for, a system of levees, drains, and irrigation ditches. The state may pay for such items through taxation.

Exposure Science in the 21st Century: Advancing the Science and Technology of Environmental Sensors through Cooperation and Collaboration across U.S. Federal Agencies

The convergence of technological innovations in areas such as microelectronics, fabrication, the Internet-of-things (IoT), and smartphones, along with their associated “apps”, permeates many aspects of life. To that list we now can add environmental monitoring. Once the sole purview of governments and academics in research, this sector is currently experiencing a transformation that is democratizing monitoring with inexpensive, portable commodities available through online retailers. However, as with any emerging area, several challenges and infrastructural hurdles must be addressed before this technology can be fully adopted and its potential be realized. A unique aspect of environmental sensing that differentiates it from some other technology sectors is its strong intersection and overlap with governance, public policy, public health, and national security—all of which contain some element of inherent governmental function. This paper advocates for and addresses the role of sensors in exposure science and illustrates areas in which improved coordination and leveraging of investments by government have helped and would catalyze further development of this technology sector.

Decentralization and the Functions of Food Regulation

Using the federal food safety regulatory laws as examples, this chapter explores the significance of governmental function in understanding and prescribing centralized and decentralized authority. It begins by examining how recurrent criticisms of federal food safety regulation for excessive decentralization have routinely failed to consider whether the optimal degree of centralization should vary by regulatory function. It then argues that functional differentiation can provide important analytical benefits, including (1) more accurate characterizations of existing regulatory programs, (2) mitigation of practical obstacles to desirable restructuring, (3) clarification of the tradeoffs of centralized or decentralized regulatory structures, and (4) illumination of alternative options for situating authority at different points on the centralization dimension. Finally, it contends that functional analysis can help policymakers improve the net benefits of choices along the centralization/decentralization dimension by identifying appropriate organizational choices along the other two dimensions for allocating authority.

The Functions of Overlapping Pollution Control Federalism

Using the federal pollution control laws as examples, this chapter explores the significance of governmental function in understanding and prescribing overlapping authority. It begins by showing how characterizations of pollution control federalism have neglected functional jurisdiction, either by overlooking the extent of overlap entirely or, more recently, by overlooking the extent to which agencies' substantive and functional jurisdictions overlap. It then argues that assessments of pollution control federalism have routinely ignored the value of distinguishing among different regulatory functions in assessing the extent to which jurisdiction should overlap or be distinct. Finally, the chapter asserts that policymakers should systematically and explicitly distinguish among functions in deciding the extent to which authority should overlap. Focusing on functional jurisdiction thus provides opportunities to tailor the extent of overlap for each function to correspond to the concerns and opportunities that relate to the performance of that function.

INSTRUMEN REKOMENDASI DPRD DALAM PENYELENGGARAAN KEWENANGAN PERIJINAN OLEH PEMERINTAH DAERAH

Recommendation of the Local House of Representative (DPRD) is a common administrativeinstitution employed in the local government decision making process. However, thisinstitution does not recognized by the law. Hence, its presence dan used in the processof decision of public license contains various problem, such as: (1) its status under theadministrative law; (2) its implication to the validity of the license; (3) and the positionof the head of the local government, the degree of the local government responsibility asthe recommendation receiver and the DPRD as the recommendation giver to the negativeimpact of the license. These facts resulted in needs for conducting research for clarifyingthe status, measuring the implication of the recommendation over the validity of the license,and the range of responsibility head of the local government and the DPRD to the impact ofthe license.This research is focused into two issues, namely: (1) how is the position and function ofthe DPRD in the process of issuing of license; and (2) how would be the implication ofthe DPRD’s recommendation over the range of responsibility of the head of the localgovernment and DPRD in the issuing of license. This research is limited to the practice ofissuing of recommendation in the Local Government Province of Bali.This research shallemploy normative approach and uses both primary and secondary legal resources.The research resulted in two inventions: firstly, recommendation of DPRD is not recognizedby the law in the level of province local government neither it’s the authorithy of the DPRDon supervising the governor. The recommendation recognized by law is the recommendationas an administrative legal instrument in the performance of local government by thegovernor, particularly for performing the function of decision making or the conductingof governmental act. Hence, recommendation of DPRD is a state custom in performingstate governmental function. Secondly, recommendation has two functions, namely: acondition and confirmation. In the function of condition, recommendation is a prerequisitefor adopting public decision. In the function of confirmation, recommendation is a merely anexpression of an agreement provided by a certain instution for adopting a public decision.Recommendation in the function of condition, binds the recommendation giver to bearresponsibility over the result of the implementation of the decision. While, in the functionof confirmation the giver may not necessarily responsible to the result of the performanceof the decision. However, under the principle of good faith, the giver is under obligationto bear responsibility over the result of the implementation of the decision whenever therecommendation is given under a bad faith.

The Software Toolkit Approach for Public Administrators

Almost any governmental task employing a computer can be accomplished more efficiently with a variety of tools rather than any single tool. Basic tools for inclusion in the software toolkit are word processing, spreadsheets, statistics, and database management programs. Beyond these, presentation graphics, optical character recognition (OCR), and scheduling software can be helpful depending upon the job at hand. This chapter concerns computer applications and information technology in government. It could have been organized by public administration task such as human resource management or budgeting, but each governmental function uses several software tools that are not unique to that function. Thus a human resource manager uses word processing software and probably a spreadsheet and a database management program. The same could be said of someone involved in budgeting. This example suggests that a tool kit approach that concentrates on software type is a more useful way to organize this subject matter. Topics covered in this chapter include: word processing and desktop publishing, spreadsheets, statistics packages, database management, presentation software, project planning software, graphics for illustrations, optical character recognition, network applications, and geographic information systems. Since most readers are likely to have substantial word processing experience, it would be unproductive to devote much space to word processing per se. The same applies to searching the Web. At the opposite extreme, Web page creation programs are too complex to discuss here. <BR>