Milczenie administracji publicznej w świetle ustawy o swobodzie działalności gospodarczej

SILENCE OF AN ADMINISTRATIVE AUTHORITY IN THE LIGHT OF THE ACT ON ECONOMIC FREEDOMThe study regards a silence inactivity of an administrative authority according to the provisions of the Act of 2 July 2004 on economic freedom. The author is analysing provisions concerning settling the matter for the entrepreneur without an unnecessary delay, a lack of interpretation and not-entering an entrepreneur in the register of regulated activity within the appropriate period of time as prescribed by the mentioned Act. There is a reference to the procedural peculiarities coming out of the Act on the economic freedom with regards to the regulation of the Code of Administrative Procedure, and with reference to the doctrine on the inactivity of an administrative authority and the general concept of “silence of an administrative organ.”

Problem samodzielności organu administracyjnego w świetle idei państwa prawnego

PROBLEM OF INDEPENDENCE OF THE ADMINISTRATIVE ORGAN IN THE LIGHT OF THE IDEA OF A STATE OF LAWIn the science of administrative law and the science of administration, the problem of independence of administration was examined against the background of the idea of a state of law. In the classical science of administrative law, the view was taken that the main form of independence of the administrative organ is the so-called sphere of administrative discretion. However, it is not the only form of independence of the administration, because the norms of administrative substantive law, systemic law and procedural law allow for various administrative powers to act independently.

Die reg op regsverteenwoordiging tydens administratiewe verrigtinge

The question whether a person is entitled to legal representation is normally posed during disciplinary proceedings, but is also relevant to other types of administrative proceedings. No absolute right to legal representation exists beyond a court of law. The Promotion of Administrative Justice Act 3 of 2000 has confirmed the common law position, to wit that an administrative organ has a discretion to allow legal representation, should the circumstances warrant it. This discretion should exercised properly, as held in Hamata v Chairperson, Peninsula Technikon Internal Disciplinary Committee 2002 5 SA 449 (SCA). The submission is that this discretion cannot be excluded either by means of contract or statute, should the Act apply. The definition of administrative action in the Act does not include proceedings before a domestic tribunal and the possibility exists that the discretion to consider allowing legal representation can be contractually excluded. It is argued that disciplinary proceedings affecting an employee should be distinguished from proceedings where a non-employee is involved. Employees should enjoy protection similar to that afforded by the Act.

The 'Shequ Construction' Programme and the Chinese Communist Party

In recent years, the community development programme called 'Shequ Construction' has been making rapid progress in China. The discussion surrounding the programme focuses on how to adjust the relationship between the street offices (which fall under the jurisdiction of the government) and the shequ residents' committees (defined as the people's self-governing entity). The programme has also led the debate over the position and role of the Chinese Communist Party (CCP) in the newly reconstructed shequ. While the party's Organization Department proposes the unification of the shequ party branches and shequ residents' committees, others maintain that the shequ party branch should be differentiated from the shequ residents' committee, which is still viewed as an agent of government. They say 'the greatest advantage of the CCP is that it is the embodiment of social power and it is not a non-socialist external force like the administrative organ'. Their proposal raises further questions: How should the party change its direction and guidance within the framework of the separation of government and society? Will this affect the party's ability to continue to provide society with effective 'guidance' and become representative of society? This paper will provide some clues to help answer these questions.