MODES OF THE ORGANIZATION OF THE ADMINISTRATION Cover Image

ОБЛИЦИ ОРГАНИЗОВАЊА УПРАВЕ
MODES OF THE ORGANIZATION OF THE ADMINISTRATION

Author(s): Marie-Françoise Bechtel
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: In this report the author analyses the question of the existence of administrative power parallel to political power in France. France is a country of old bureaucratic tradition and has a strong central government that rationalizes the organization of the administration. The Government has the administration at its disposal, and the minister has hierarchical authority over all subordinates and is solely responsible. The personnal is politicallly oriented but cannot criticize the activity of the Government. The minister has the right to chose the personnal, but in practice is limited by the ones already in position. The minister is also limited by the Cabinet, whose members are usually not appointed by the minister. The Cabinet is usually an obstacle in the direct contact between the minister and director. The directors can block the orders they receive, and can evade the signing of acts instead of tne minister. The high level personnal are really independent, even though the executive has discretionary power in their appointmen. The administration has a dominant role in regard to finances through the institution of the »financial contrôler«, but in tire other fields the policy of the minister is more under the influence of external factors — the trade-unions and professional organizations. There are two essential problems — »passive resistance« and »transversal obstructions« •— in the relations between the functionary and various ministries. These problems must be resolved by the President of the Republic. The author concludes that in France there does not exist an administrative power parallel with the political.

  • Issue Year: 32/1984
  • Issue No: 3-4
  • Page Range: 407-416
  • Page Count: 10
  • Language: Serbian