System ochrony przeciwpowodziowej w Polsce. Zadania organów administracji publicznej w fazach zapobiegania i reagowania na zagrożenia powodziowe

Author(s): Karol Mąka / Language(s): Polish Issue: 1 (02)/2014

The article examines the flood protection system in Poland as a part of the national security system. It singles out public offices which are responsible for flood protection and analysis their tasks and competences in emergency management phases. The paper characterises the flood response and preparedness phases. The author emphasizes the preparedness phase as the most significant part of the system.

LIBERALIZATION OF AUTHORITY: ADMINISTRATIVE TASKS' PRIVATIZATION IN THEORY AND COMPARATIVELY

Author(s): Polona Kovač / Language(s): English Issue: 03/2016

Besides the traditional forms of liberalization of public services and authority, public administration reforms also involve the privatization of (state) administrative tasks. In some countries, including Slovenia, private holders perform public tasks in such a way based on “public authority”. The main reason for granting public authority is increased efficiency of administrative tasks, which private entities achieve through liberalization of political influence and rationalization of work. However, due protection of public interest has to be maintained by strategic control of public authority. The article addresses by theoretical analysis aspects of administrative tasks’ privatization based and analyzed on the example of multiple OECD and the EU countries, especially Slovenia, in the context of good governance concept in order to offer guidelines for similar reforms in other countries.

Prijem državnih službenika u institucijama BiH

Author(s): Mehmed Hadžić / Language(s): Bosnian,Croatian,Serbian Issue: 22/2015

Pozicija službeničkog sistema u pravnom sistemu se uvijek veže za javnu upravu. Javna uprava kako navodi I. Koprić je skup upravnih organizacija koje obavljaju javne poslove. Javni su poslovi oni koji se obavljaju u interesu lokalne, regionalne ili nacionalne političke zajednice te su kao takvi određeni propisom državnog, regionalnog ili lokalnog karaktera. Dijelovi javne uprave su državna uprava (uprava na državnoj, nacionalnoj razini), teritorijalna samouprava (najčešće u obliku regionalne i lokalne samouprave) te javne službe .

ASPECTS OF THE ADMINISTRATIVE PROCEDURE  IN REPUBLIC OF MACEDONIA

Author(s): Elizabeta Stamevska,Atanas Kozarev,Vasko Stamevski / Language(s): English Issue: 14/2016

Relations between administrative bodies (administration) and citizens occur when citizens want to exercise certain rights and interests of these bodies or administration requires the fulfillment of certain obligations by the citizens.Administrative authorities shall, in exercising its responsibilities to the citizens to ensure effective and lawful exercise of their constitutional rights and freedoms.Administrative procedures, which is based on the Law on Administrative Procedure, governing relations between the bodies exercising public powers and the citizens as the biggest users of public services, representing one of the most important segments of society. Law on Administrative Procedure establishes the foundations of the administrative matter in detail to regulate the administrative area, which refers to special laws regulating the relations between the parties determined administrative matters.

Risk Management and Viability of Public Organizations. Development of a Risk Measurement Tool: The Case of Greece

Author(s): Iordanis Eleftheriadis,Vasilios Vyttas / Language(s): English Issue: 1/2017

Purpose: This paper provides an important contribution towards the development of a valid, reliable and cost-effective instrument that reduces operational and economic risk levels in public sector organizations. Design/methodology/approach: A quantitative methodology based on the collection of primary data via a questionnaire has been adopted in this research. Findings: The research results showed that the measurement tool selected, applied, presented and proposed is comprised of three (3) scales. The reliability analysis proved that all three scales are reliable; therefore, they are suitable for use as a risk measurement instrument. Research limitations/implications: The study's academic contribution is the application and testing of the aforementioned measurement instruments, which can now be utilised by researchers in the field of risk management, to further advance the study of risk management in public organizations in Greece. On the empirical level, the implementation of these three measurement instruments can assist public organizations in Greece via an easy and fast assessment of economic and operational risks. Originality/value: This tool can help public organizations gain insight into the level of risk they face at any given point in time in order plan their actions accordingly. At the same time, central state administration will have the necessary tools to monitor and support the organizations it evaluates.

Rejestracja statKów morskich w budowie

Author(s): Krzysztof Kochanowski / Language(s): Polish Issue: XXXII/2014

The article deals with the concept of the ”vessel under construction”, its legal nature,position in the Polish maritime legal system, and in particular with regulations relating to its registration. The Author attempts to distinguish this entity from other, only apparently similar objects, like seagoing vessel in trials and towed unit. Predominant emphasis is put however on various issues concerning the registration of vessels under construction, especially on questions whether there exists an obligation of their registration and what legal grounds of this can be invoked. The article discusses and condemns quite common but illegitimate practice of Polish administrative authorities, which force the registration of vessels under construction in either register of vessels under construction run by maritime chambers or in the administrative registry kept by maritime offices. Finally, the Author suggests certain amendments aiming at the improvement of the Polish legal regulations concerning the topic in question.

W kierunku kodyfikacji administracyjnego prawa materialnego

Author(s): Tomasz Bąkowski / Language(s): Polish Issue: XXXI/2014

A code is recognized as the most complete form of organizing and systematizing the various areas of law. One of the primary purposes of a code is to gather regulations concerning the sphere of a particular social relations, which are disseminated in various legal acts, in one place. The unquestionable position of codes in the legal system refers primarily to the long tradition of the codification of private law and criminal law. The situation is different in case of administrative law. Obstacles to codify this branch of law are perceived in the large diversity of its subject and sensitivity to change unprecedented in private law. Nevertheless, the works on the codification of the so-called general administrative law,organizational administrative law and specific areas of administrative law are carried out for many years. However, the attempts to establish the general rules of administrative law were accompanied by many doubts. The proposals concerning these rules are still at the stage of doctrinal discussion and questions. The works on the draft of the Code of Construction Law, undertaken at the end of 2012, can be considered as a turn to the ,,staged codification” of administrative law. The systematic increase of administrative regulations,which can be observed for a long time, forces the consolidation within the specific areas subject to legal regulations. A visible tendency to clarify and embrace more and more areas of public life by public law regulations certainly requires consolidation too. Otherwise, the high degree of the dispersion of normative content will move away these regulations from the standards shaped by the fundamental constitutional principles, including in particular the rule of law and its extensions: legitimate expectation and legal certainty.

ROLUL PREFECTULUI ÎN ASIGURAREA SECURITĂȚII CETĂȚENILOR

Author(s): Constantin Ion / Language(s): Romanian Issue: 42/2016

The paper answers the following issues: the national security strategy principles of organization and functioning of local public administration, the main duties of the prefect; strategic objectives of the prefect institution; the role of prefect in applying the security strategy; the responsibility of the prefect in preventing corruption.

PARTICIPAREA ADMINISTRAȚIEI PUBLICE LOCALE LA ASIGURAREA SECURITĂȚII JUDEȚULUI

Author(s): Decebal Fagadau / Language(s): Romanian Issue: 42/2016

In the current context characterized by constant endeavors for creating a stable and secure international environment, due to certain events that generated significant political, social and economic changes - both globally and regionally, locally, nationally - it was necessary for Romania to reconsider the concept of security and the ways through which it promotes its fundamental interests given the evolution of European and Euro-Atlantic security system.

Ograničenje naplate u izvršnom postupku na teret budžeta u BiH

Author(s): Igor Popović / Language(s): Bosnian,Croatian,Serbian Issue: 28/2017

Bosnia and Herzegovina is, undoubtedly, not doing financially well. Both its foreign and domestic debt are enormous. Frequently, public authorities and budget­funded organizations do not fulfill their pecuniary obligations towards creditors. Thus, creditors are forced to sue them, and initiate enforcement procedures, since the judgments are not enforced voluntarily. Furthermore, decisions of enforcement against public authorities and budget­funded organizations are limited or prohibited in various ways. One of those limitations is the limitation of enforcement on a bank account of a public authority, i.e. on entity, cantonal or municipal budget. Rationale is the lack of budgetary funds. Decisions of enforcement allow money transfer from a state bank account to a creditor’s bank account, only if there is enough money in the budget for this purpose (enforcement of judgments). In Federation of Bosnia and Herzegovina (one of the two entities in the state) there is an additional obligation for public authority on all levels, to plan at least 0,3% of the budgetary funds for a judgment enforcement. There are no additional, in­depth provisions.I argue that such a rule is contrary to the Constitution of Bosnia and Herzegovina and the European Convention for Human Rights and Fundamental Freedoms and that it violates the right to a fair trial and the right to property. Why? Because this rule does not allow the creditor to foresee when he will be able to collect its money, it does not provide for the number of existing creditors and their status of priority. Moreover, since the public authorities are not in possession of any information on the scale of this kind of debt (or this information has not been made public), the author argues that the minimum of 0,3% of the budgetary funds in Federation of BH is prescribed arbitrarily, without relevant statistics. Therefore, it is not possible to foresee whether this minimum of 0,3% will enable payment of the state debt in a reasonable time.The Constitutional court of BH has ruled in several instances on the unconstitutionality and nonconformity with the European Convention, of the above named provisions. It concluded that legislature is not proportionate with the scope of the right to property from Article 1 of the Protocol 1 to the European Convention. I agree only partially with this reasoning, and argue that these provisions do not fulfill the standard of lawfulness developed by the European Court for Human Rights, since the requirements of precision and foreseeability implied by the concept of law within the meaning of the European Convention are not met. Therefore, the problem is not about proportionality, but rather about lawfulness. I also criticize the Constitutional court’s case­law for its method of determination of public interest used for delay of judgment enforcement, as well as for not delivering any pecuniary satisfaction for the judgment creditor (applicants). Further, I examine the European Court’s case­law with regard to the time period which can be considered as reasonable time implied by the Article 6 of the European Convention. I conclude that the delay of judgment enforcement for even up to a year and a half can be regarded as unreasonable and contrary to the concept of a fair trial. Lastly, relying on the Constitutional court’s case­law, I give concrete suggestions for solving the listed problems. Notably, I suggest the creation of a database containing all necessary information on enforceable state debt.

Odluka o izmjenama i dopunama Odluke o komunalnim taksama grada Zenice

Author(s): Demirel Delić / Language(s): Bosnian,Croatian,Serbian Issue: 28/2017

Proteklih mjeseci medijski javni prostor u Federaciji Bosne i Hercegovine (FBiH) je usmjeren ka svojevrsnom referendumskom ozračju izjašnjavanja, prevashodno etničkog, o pitanju: Da li ste za ili protiv („oporezivanja“) kladionica? U medijima, predstavnici interesnih grupacija lobiraju i apeliraju iznošenjem (parcijalnih) argumenata u vlastitu korist, pritom ne propuštajući priliku da kontaminiraju javnost ideološkim pritiscima, svodeći, načelno ekonomsko-pravničku diskusiju, na etno-nacionalno pitanje. Taj populistički metod „valjanog“ prezentiranja preduzete mjere i komentarisanja odabrane tehnike izrade/izmjene propisa u medijskom prostoru, nedvosmisleno doprinosi emotivnoj polarizaciji zainteresirane javnosti. Emotivni naboj, u društvenim prilikama Bosne i Hercegovine, u kojoj je ugrožena egzistencija većine stanovništva, zabrinjavajućim intenzitetom utiče na misli i postupke većine čiji je identitet realiziran unutar jednog kolektiviteta. O posljedicama ovako usmjerene medijske kampanje na kohezioni faktor BiH društva detaljnije u zaključku rada, u nastavku teksta više o uzrocima.

Założenia koncepcji New Public Management

Author(s): Ewelina Młodzik / Language(s): Polish Issue: 11/2015

Purpose – The purpose of this article is to present the New Public Management concept. Design/methodology/approach – This article reviews literature sources that take up the New Public Management issues. Findings – Following a review of the available literature on the subject in the conditions of development were indicated and variations of the main demands of the concept of the New Public Management. Originality/value – The characteristics of the New Public Management presented in the article is the systematization of knowledge in the field of the problem.

Why interpersonal communication is important in public administration?

Author(s): Vladimir Naumovski,Leo-Paul Dana,Gordana Pesakovic,Filip Fidanoski / Language(s): English Issue: 14/2017

The famous English writer and the most creative author of capitalism, Charles Dickens, once notable, said that electronic communication will never be a good substitute for the face of someone who with his soul encourages another person to be brave and true. According to the dean of management thought, Peter Drucker, the management is seen as civilization’s advantage which will continue its dominant feature as long as the human civilization exists. Management is a universal process that supports and directs the variety of political, social, cultural and business objectives to final and ultimate achievement. The universal character of management stems from the fact that there is no institution without management, and there is no management without institution presence. In this sense, besides the management covering various aspects of enterprises, its branch known as Public Management covers the aspects and dimensions of institutions that are part of the public sector.

Problematyka informacji w działaniach administracji publicznej

Author(s): Rafał Mikowski / Language(s): Polish Issue: 5/2012

This article presents a synthetical analysis of the notion that accompanies relations between the administrator and the administered. The author presents various attempts to define, classify, obtain, collect, and use information taking into account the issues discussed in the activities of public administration. He also indicates the problem of information access which is a consequence of the idea of government openness as well as restricting information access associated with the protection of information identified as sensitive.

Atvejo vadybos modelio taikymas asmens sveikatos priežiūros įstaigose modernaus viešojo valdymo kontekste

Author(s): Alvydas Raipa,Daiva Čepuraitė / Language(s): Lithuanian Issue: 2/2017

Analyzing the evolution of modern public management decomposing stage, it can be stated that the global change management presuppose the modernization reform is not easily identified on the organization‘s internal and external activities of diversity factors. The management of change, modernization reforms innovative nature, as a procedural phenomenon has a certain vector is limited to certain actions amplitude that exist more organizations in the internal environment. Such as internal change management capability modeling factors in addressing the twenty-first century public sector change modeling issues permits at least partial plan strategic change management cycles, anticipate potential risks, identification of internal conflicts and innovative provisions in organizations. Health care quality is determined not only resources, technical institutions access (provided a variety of services, level of medical technology, medical equipment capability), and flexible modern management principles can be applied in the health care work management.Vilnius Centro Outptient Clinic introduced a case management model that is unique because it is designed based on the characteristics of the two models - the primary health care model and the agent model. Health care model for the health service demand increase, preventive activities of doctors‘ offices to develop and service access barriers reduction.

The impact of intangible resources on economy in the EU

Author(s): Žaneta Karazijienė,Artūras Jurgelevičius / Language(s): English Issue: 2/2017

To maintain the growth rate and insure the secure and sustainable development of economies, EU countries have to come up with and manage a new source of growth – intangible resources. The intangible resources are relatively a new concept analyzed in scientific literature. A diverse, multi-angle and complex nature of intangible resources can be treated as a new factor in production function. In the knowledge based economy, creativity, generation of knowledge and transmission of it must interact with each other and be combined with entrepreneurship skills. Only interaction between these three key intangible resources could ensure the transition of economy to a new stage of economic development. The purpose of the research paper is to reveal econometrical relationship between intangible resources and its impact on economy in the EU. As a result of analysis, the theoretical framework to evaluate intangible resources has been provided and the accumulation level of intangible resources in EU countries has been estimated. The econometrical relationship suggests the intangible resources have a very important impact on GDP accumulated level. The findings reveal that highest level of intangible resources is observed in Finland, Sweden, Germany, Denmark and Luxembourg. The lowest rate of intangible resources is observed in Cyprus, Romania, Poland, Bulgaria, Lithuania, Latvia and Greece. The conducted research also revealed that there is a strong statistical relationship between input and output of intangible resources. The constructed econometrical model suggests that the modern economic growth much depends on the level of accumulated intangible resources in the country. The change of estimated composite indicator of intangible resources by 1% influences the change of GDP by 0.954%.

Book Review - Public Administration and Public Affairs (12th Edition)

Author(s): Mansour Esmaeil Zaei / Language(s): English Issue: 2/2017

Żądanie wyłączenia pracownika organu w postępowaniu administracyjnym w kontekście konkubinatu

Author(s): Agnieszka Daniluk / Language(s): Polish Issue: 2(2)/2014

The ideal model of the administrative procedure assumes that public authorities shall proceed in an impartial manner. The exclusion from administrative proceedings of entities for which there is reasonable suspicion to act during procedure with an element of bias is a guarantee of objective settlement of the matter. The essence of the exclusion is primarily a permanent elimination of an employee in a particular situation or depriving him of legal possibilities to influence the course of the proceedings and the content issued in case settlement. The article poses the following questions: does cohabitation justify such an exemption, and what are the consequences of both justified and unjustified exclusion of an employee of an administrative body? Analysis of issues for exclusion under the provisions of the Code of Administrative Procedure in the context of cohabitation tends to make some reflections. Firstly, consideration of the evidence in general context is required in the face of the increasingly frequent occurrence of partnerships referred to in Polish nomenclature as concubinage. This would provide greater safeguards for the principle of objective truth due to the fact that the process itself would be subject to exclusion from the law, and not at the request of the employee’s superior (as is currently the case). Secondly, consideration of the type of legal act for such exclusion as well as the possibility of replacing the provision issued in such cases by another legal act the measure of which is the type of management ordinance required.

Wybrane aspekty podstaw funkcjonowania polskiej administracji samorządowej

Author(s): Marcin Radziłowicz / Language(s): Polish Issue: 1/2014

As a part of the public administration, local government represents one of the forms of decentralization. It is primarily based on constitutional principle of subsidiarity, autonomy in realizing its tasks and responsibility for their realization.The basic units of the territorial administrative division under the Polish legislation, municipalities and cities, have an important role to play here. These units have legal personality, judicially protected independence, and receive funds from public income which makes them in-dependent from other government bodies and from the state. Nevertheless, cities are not sovereign in decision taking or law making processes and they merely carry out state enforced tasks. This structure strengthens the supervisory role of the central administration which is primarily focused on verification.The modern world enforces decentralization processes. The development of cities is based on active adaptation of innovations offered by information societies.At the beginning of the XXI century, municipal governments were indirectly forced to introduce new forms of public and local management. The fundamental dimension of these forms is embodied in a symbolic transition “from administration to management”.

Innowacyjne podejście do oceny oddziaływania inwestycji w infrastrukturę transportu na środowisko

Author(s): Roma Strulak-Wójcikiewicz,Małgorzata Łatuszyńska / Language(s): Polish Issue: 5/2014

An aim of considerations is to present the concept of an innovative tool serving generating information for the purposes of assessment of the impact of infrastructural investments in the natural environment. The tool is the simulation system based on the model built in the convention of systems dynamics. The system allows combination of various methods and models used in assessment of the impact on the environment as well as use of achievement of various scientific disciplines. Moreover, it enables a quick and easy modification of the structure of target models owing to provision of the earlier defined modules. The features of the tool in question may cause that generating information for the purpose of assessment of the impact on environment will be easier and faster, thus there will be accelerated the procedure of making decisions on environmental conditions by the public administration bodies.