Resilience and Reform: Administrative Law and Public Policy in a Changing World
Resilience and Reform: Administrative Law and Public Policy in a Changing World
Author(s): Iveta Dudova, Silvia Matušova, Ina Petraj, Andela Petraj, Adrian Cristian Palea, Anamaria Groza, Flavia Lucia Ghencea , Marlena Boancă-Ivan, Michał Najman, Alexandru Bostan, Zdeněk Fiala, Olga Sovová, Kristyna Mlezivova, Florentina–Iuliana Weber, Raquel Carvalho
Contributor(s): Paulina E. Wilson (Editor), Marijana Mladenov (Editor), Jelena Trajkovska-Hristovska (Editor)
Subject(s): International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Public Administration, Public Law, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: administrative law; public administration; administrative sciences; sustainability; digitization;
Summary/Abstract: This volume contains the scientific papers presented at the 7th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 17 May 2024 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into three chapters: I. Public Administration Resilience and Reform; II. Legal Frameworks and Administrative Challenges; III. Digitization, Sustainability, and International Perspectives. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.
- E-ISBN-13: 978-606-95862-6-6
- Page Count: 181
- Publication Year: 2024
- Language: English
Directions of Public Administration Professionalisation in the Slovak Republic
Directions of Public Administration Professionalisation in the Slovak Republic
(Directions of Public Administration Professionalisation in the Slovak Republic)
- Author(s):Iveta Dudova, Silvia Matušova
- Language:English
- Subject(s):Public Administration, Public Law, Administrative Law
- Page Range:13-27
- No. of Pages:15
- Keywords:employer-employee relations; human resources; professional development; public administration;
- Summary/Abstract:The paper identifies the framework of the public administration system in the Slovak Republic, considering its professionalisation. The aim of the paper is to demonstrate the process of the public administration transformation and legislation and the basic features of the existing model, to identify the main categories of public administration employees, and to indicate their professional development. Secondary analysis of primary legislation, and statistical data were applied in the research. The paper highlights the professional training of public employees as a lifelong process that follows the acquisition of qualification prerequisites and professional experience. The professionalisation of public administration should by 2030 include the expansion of professional inservice training for employees in particular specific workplaces, the development of training programs, the training of employees in local self-government, the extension of managerial training for professional and senior employees in the state administration. The requirements of the state administration and self-government should be recognised and included in higher education. The quality level of education providers should be assessed and ranked with respect to quality ranking system of education providers, considering newly defined job positions and the uplifting of human resources in public administration.
Reforming the Management of Income in the Albanian Tax Legislation
Reforming the Management of Income in the Albanian Tax Legislation
(Reforming the Management of Income inthe Albanian Tax Legislation)
- Author(s):Ina Petraj, Andela Petraj
- Language:English
- Subject(s):Governance, Public Administration, Public Law, Law on Economics, Administrative Law
- Page Range:28-36
- No. of Pages:9
- Keywords:administrative reform; tax law; income tax; business income; taxation principles;
- Summary/Abstract:The reform of the Albanian tax system is a process that began almost three decades ago and continues even today. During this period, this process has been complex and quite difficult since the issues related to taxes, especially those concerning income, have been very delicate and sensitive for Albanian citizens. This paper aims to identify some of the most important problems in the field of income taxation, mainly with the application of new legal changes related to the taxation of income from freelancers and small businesses. For the realisation of this study, a combination of qualitative and quantitative methods was used simultaneously. Statistical analyses, surveys, interviews, and specific case studies have been taken as the basis for formulating the conclusions and specific recommendations of this issue. The results of this study are easily applicable in the procedures for administering the Albanian tax system, contributing to a system that is simple to administer and low-cost, which also reduces the possibility of tax evasion.
The Resilience of the Romanian Penitentiary System in the Context of the COVID-19 Pandemic
The Resilience of the Romanian Penitentiary System in the Context of the COVID-19 Pandemic
(The Resilience of the Romanian Penitentiary System in the Context of the COVID-19 Pandemic)
- Author(s):Adrian Cristian Palea
- Language:English
- Subject(s):Law and Transitional Justice, Public Administration, Public Law, Administrative Law
- Page Range:37-44
- No. of Pages:8
- Keywords:resilience; penitentiary system; institutional policies; national security; public health; fundamental rights and freedoms; organisational behaviour;
- Summary/Abstract:This article analyses, from an interdisciplinary approach perspective, the challenges faced by the Romanian penitentiary system, as a representative institution of the national security system, in the context of the COVID-19 pandemic, the solutions identified to protect the population segment for which it is directly responsible, and how it managed to empower central structures and subordinate units in this regard. The analysis aims to highlight the institutional adaptability of the Romanian penitentiary system in the face of certain dynamic elements (escalation of the situation regarding the spread of the virus, gradual recommendations from European and global health organisations), as well as considering certain internal and international legal benchmarks. Furthermore, the analysis highlighted in this article aims to correlate the institutional adaptability of the Romanian penitentiary system with the concept of resilience, considering its multidisciplinarity.
Cumulation of Court Actions to Suspend the Enforcement of Unilateral Administrative Acts: Is It Possible?
Cumulation of Court Actions to Suspend the Enforcement of Unilateral Administrative Acts: Is It Possible?
(Cumulation of Court Actions to Suspend the Enforcement of Unilateral Administrative Acts: Is It Possible?)
- Author(s):Anamaria Groza
- Language:English
- Subject(s):Public Administration, Public Law, Court case, Administrative Law
- Page Range:46-54
- No. of Pages:9
- Keywords:administrative act; suspension of effects; well-justified case; imminent damage; administrative litigation;
- Summary/Abstract:The suspension of administrative acts requires proving the existence of those circumstances that are likely to create a serious doubt as to the legality of the administrative act and the need to temporarily remove the enforceability of the act in order to prevent imminent harm, which is analysed in concrete terms. The seat of the matter regarding the suspension of the execution of administrative acts by the court is Articles 14 and 15 of the Law no. 554/2004 on administrative litigation. Practical work in the field of law creates the prospect of analysing legal institutions in novel hypotheses, as well asin their interaction. For example, is it possible to file two applications for the suspension of the same administrative act, based on Articles 14 and 15 of the Administrative Proceedings Act No. 554/2004? In our opinion, the answer is positive, but also nuanced. The aggrieved persons justify a procedural interest in filing both claims, first of all, given their different effects over time. Moreover, Articles 14 and 15 can be used several times on different grounds, since Article 14 para. 6 also applies accordingly to Article 15 of the Act. The research conducted is accompanied by relevant case law, analytical insights and several conclusions.
Local Autonomy without Elected Body. Or How to Live (Administratively) without Breath (of the Local Council)
Local Autonomy without Elected Body. Or How to Live (Administratively) without Breath (of the Local Council)
(Local Autonomy without Elected Body. Or How to Live (Administratively) without Breath (of the Local Council))
- Author(s):Flavia Lucia Ghencea
- Language:English
- Subject(s):Public Administration, Public Law, Administrative Law
- Page Range:55-71
- No. of Pages:17
- Keywords:local autonomy; local elected body; public administration; local council;
- Summary/Abstract:Local autonomy is a principle of organisation and operation of the public administration, mainly regulated at the constitutional level. It represents a supreme recognition of its indispensable character in the state’s legal, political, and administrative architecture. Thus, the development of the life of a community in the absence of bodies democratically elected directly by the citizens appears completely outside the possibility of a natural administrative life. From this perspective, our study presents a specific case in which a territorial administrative unit functioned for three years (and will continue, most likely until the end of the mandate) without a local Council – the body democratically elected by the citizens to regulate life at the level of the fortress. The presentation will go through all the legal stages of the situation, starting from the first meeting of the legally established Local Council, following the 2020 elections, and ending up to now. The analysis of the incident regulations and the monitoring of the actual situation will highlight the weakness of the law from the perspective of its concrete efficiency and the danger it can constitute for democracy. Moreover, we try to raise an alarm signal onsome interpretations that can lead to the illusion of the lack of absolute necessity of such institutions, with the argument that it is possible to live without them; often, the economic financial factor (the costs of the elections) taking precedence over the democratic debate, especially for a young democracy that still has a long way to go before reaching democratic maturity.
The European Union and Romanian Jurisprudential Perspective on the Public Procurement Contract – Category of the Administrative Contract
The European Union and Romanian Jurisprudential Perspective on the Public Procurement Contract – Category of the Administrative Contract
(The European Union and Romanian Jurisprudential Perspective on the Public Procurement Contract – Category of the Administrative Contract)
- Author(s):Marlena Boancă-Ivan
- Language:English
- Subject(s):Public Administration, Public Law, EU-Legislation, Court case, Administrative Law
- Page Range:72-85
- No. of Pages:14
- Keywords:public procurement; public procurement contract; contracting authority; economic operator;
- Summary/Abstract:A decision-making relevance for retaining the incidence of the special legislation applicable in the matter of public procurement presents the qualification of the contract as a public procurement contract, subsequent to the analysis of the legal features of the contract, but also of the qualities of the contracting parties. The legal features that particularise the public procurement contract represent autonomous notions, defined by EU law, with the exception of the element relating to the administrative character, not provided for by Directive 2014/24/EU, but mentioned by Romanian law. Also, the qualification of the public procurement contract is an autonomous qualification, in accordance with the provisions of EU law on public procurement, and the qualification of the contractin national law is not relevant from this perspective. Equally, the concepts of contracting authority and economic operators, tenderer are defined not only at the legislative level, but have been the subject of a rich ECJ jurisprudence, which must be taken into account and applied as such by the national judge. In terms of guaranteeing the most efficient use of public money, avoiding the non-application of special provisions in the field of public procurement, as well as consolidating theoretical knowledge in the matter, it is useful to approach the previously mentioned autonomous notions in the light of European and Romanian jurisprudence and doctrine.
How Administration Should Treat Rules of Ethics for Investment Advisors. Possible Legal Consequences of Them Violation in Polish Law
How Administration Should Treat Rules of Ethics for Investment Advisors. Possible Legal Consequences of Them Violation in Polish Law
(How Administration Should Treat Rules of Ethics for Investment Advisors. Possible Legal Consequences of Them Violation in Polish Law)
- Author(s):Michał Tadeusz Najman
- Language:English
- Subject(s):Law and Transitional Justice, Law on Economics, Administrative Law
- Page Range:86-97
- No. of Pages:12
- Keywords:investment advisor; ethics; legal consequences;
- Summary/Abstract:The profession of investment advisor is relatively young and not very popular in Poland. It was introduced into the Polish legal system under the Act of March 22, 1991, Law on Public Trading in Securities and Trust Funds (Dziennik Ustaw of 1994, No. 58, position 239). Currently, there are 787 people on the list of investment advisors. It is afree profession within the meaning of Art. 88 of the Commercial Companies Code This profession is largely responsible for the proper functioning of economic transactions, including commercial transactions, which results from the specificity of the duties performed by its representatives. As in any profession of public trust, its representatives are required to be particularly diligent in performing it, and above all, they are subject to amore rigorous than common ethical regime, often resulting from codes of professional ethics. The article draws attention to the erroneous identification of the concept of an investment advisor with a financial advisor. The situation of a person violating the ethical norms of the investment advisor’s profession was also presented, in particular what consequences its violation may have on the financial market and whether the state’s response to them is adequate.
Striving for Coherence: Exploring the Complexities of International Administrative Law
Striving for Coherence: Exploring the Complexities of International Administrative Law
(Striving for Coherence: Exploring the Complexities of International Administrative Law)
- Author(s):Alexandru Bostan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, Administrative Law
- Page Range:99-131
- No. of Pages:33
- Keywords:international administrative law; administrative international law; international governance, international institutional law;
- Summary/Abstract:This study endeavours to clear up the terminological ambiguities prevalent within the realm of international administrative law (IAL). It traces the evolutionary trajectory of IAL, discerning its development under the influence of diverse doctrinal perspectives and highlights the challenges associated with use ambiguous terms within the jurisprudence of international administrative tribunals. The paper advocates for a departure from the dualistic terminology, exemplified by the juxtaposition of ‘international administrative law’ and ‘administrative international law’ (as observed in Romanian terminology such as ‘drept administrativ internațional’ and ‘drept internațional administrativ’, alongside consonant terms in Italian or French), in favour of a more precisely delineated lexicon. It emphasis the imperative need for clearer definitions and argues for the use of ‘international institutional law’ to accurately reflect the scope of regulations governing international organisations or their administrative structures. Additionally, it advocates for the use of ‘law of the international civil service’ as an apt descriptor for the relationships within international organisational personnel. Furthermore, the paper addresses the absence of a well-defined framework for the ‘principles of international administrative law’, used in some international administrative tribunals case law, underscoring the importance of clarity and coherence in legal terminology and doctrine.
Digitalisation of Public Spatial Planning and Construction Proceedings within the Sustainable Development Goals
Digitalisation of Public Spatial Planning and Construction Proceedings within the Sustainable Development Goals
(Digitalisation of Public Spatial Planning and Construction Proceedings within the Sustainable Development Goals)
- Author(s):Zdeněk Fiala, Olga Sovová, Kristyna Mlezivova
- Language:English
- Subject(s):Law and Transitional Justice, Public Administration, Public Law, Law on Economics, Administrative Law
- Page Range:132- 145
- No. of Pages:14
- Keywords:digitalisation; sustainable development goals; public administration; information systems; building and spatial planning;
- Summary/Abstract:The issue of finding an optimal model for the operation of public administration, both in terms of its internal organisation and its relationship with stakeholders, remains current and complex. However, the Information Age brings with it the potential for significant improvements. Modern electronic tools offer numerous methods and techniques for optimisation and enhancing the operation of public administration. As information technology becomes a part of daily life and impacts all activities and policies, the general public demand for digital services logically increases. Consequently, using new technologies in decision making processes attracts research interest across several European countries. Similar development focuses on advanced information systems that enable the digitalisation of spatial planning and construction proceedings. The authors examine the digitalisation of public space, accentuating its interconnectedness with the Sustainable Development Goals. The paper alsoaims to share experiences from the ongoing digitalisation of construction proceedings and spatial planning in the Czech Republic. The authors describe potential benefits from the perspectives of public authorities and users of the public administration, providing practical insights into the advantages of digitalisation. The paper concludes by outlining prerequisites and challenges for the successful implementation in the daily practice of public administration and its users. The authors highlight the legal framework of the future building administration system. The authors exploit the desk research methodology and their experience in academia and legal practice.
Comparative Analysis of the Public Function in the European Union
Comparative Analysis of the Public Function in the European Union
(Comparative Analysis of the Public Function in the European Union)
- Author(s):Florentina–Iuliana Weber
- Language:English
- Subject(s):Public Administration, Public Law, EU-Legislation, Comparative Law, Administrative Law
- Page Range:146-160
- No. of Pages:15
- Keywords:European Union; European civil service; administration; career, reform; administrative systems and public administrations.
- Summary/Abstract:The European civil service, a remarkably intricate institution in contemporary law, presents a fascinating subject for analysis and holds significant implications for our understanding of public administration. Its complexity, far from being a barrier, is a gateway to a deeper comprehension of its functioning. Analysing the principal regulations regarding public office and civil servants in different states of Europe reveals several similarities and relevant differences, further adding to the intrigue of this study. In Europe, there are two groups of countries where the public function differs. The first group comprises countries with traditional and stable professional civil servants, relatively independent from politics. These countries are some EU member states and others locate din the so-called European Economic Area. The second group of countries, the ex-communist ones, face unique challenges. In these countries, there are no apparent distinctions between the apparatus of political parties, the public administration and the idea of the state as an independent reality. The countries in the second category are striving to develop new public service systems, a task that is not without its difficulties, to align themselves with the first group of countries. We aim to uncover an ideal model for regulating public function. This model would ideally ensure a balance between political influence and professional independence, promote meritocracy, and maintain a high level of public trust. We will achieve this by comparing how states establish norms applicable to it, a model that we hope to find in as many European administrative systems as possible through future reforms.
Urban Planning, Nature-Based Solutions and Local Sustainability
Urban Planning, Nature-Based Solutions and Local Sustainability
(Urban Planning, Nature-Based Solutions and Local Sustainability)
- Author(s):Raquel Carvalho
- Language:English
- Subject(s):Public Administration, Public Law, Administrative Law
- Page Range:161-181
- No. of Pages:21
- Keywords:11th SGD; urban resilience; stakeholders’ participation; urban planning; municipal ecological structures; nature-based solutions;
- Summary/Abstract:The 11th Sustainable Development Goal (SDG) summons cities to strive for sustainable development. Cities’ resilience to the damaging effects of climate change must be enhanced. Urban sustainability is primarily the responsibility of local government. Nevertheless, it requires the participation of citizens, be they economic agents, workers, urban planners, or local leaders. Portuguese urban planning law already has legal instruments, namely municipal ecological structures (MES). As in other subjects, the law cannot and should not rule society without involving other areas of knowledge. Nature-based solutions (NBS) are already incorporated into legal planning instruments. Through natural processes, they contribute to counteracting the rise of urban temperatures, preserving public spaces and biodiversity, and promoting energy sustainability, thus, safeguarding public health, fighting harmful social effects such as energetic and social poverty, unemployment, and the breakdown of community ties. However, urban resilience requires networking with other urban centres. The paper will be a description of the state of the art involving three axes: urban planning, NBS, and the contribution of legal instruments to urban sustainability. To achieve this goal, the article will essentially be based on a survey of the literature and examples of NBS implementation.
