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ASPECTS OF THE THEORY OF NON-EXISTENT ADMINISTRATIVE ACTS

Author(s): Andra-Ioana Rosca / Language(s): English Issue: 2/2018

THE ADMINISTRATIVE LEGAL DOCTRINE HAS DRAWN UP THREE MAIN THESES ON THE NULLITY OFADMINISTRATIVE ACTS. THESE ARE: THE THESIS OF UNIQUE THEORY OF NULLITY IN ADMINISTRATIVEACTS, THE BIPARTITE THESIS OF ABSOLUTE NULLITY AND RELATIVE NULLITY, AND THE TRIPARTITETHESIS OF ABSOLUTE NULLITY, ANNULABILITY AND NONEXISTENCE. OF THESE THREE, THE MAJORITYACCEPTED THEORY BY THE LEGAL LITERATURE WAS THE TRIPARTITE THESIS WHICH ALSO SETTLEDDOWN THE NONEXISTENCE OF ADMINISTRATIVE ACTS. THIS STUDY PRESENTS ASPECTS OF THE LEGALNATURE OF NONEXISTENT ADMINISTRATIVE PROVISIONS, EXAMPLES OF SUCH LEGAL ACTS, AS WELLAS CONSIDERATIONS ON COMPARATIVE LAW.

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CONCEPTUAL APPROACHES ON SUSTAINABLE DEVELOPMENT IN PUBLIC ADMINISTRATION IN ROMANIA

Author(s): Ramona Felicia Birău / Language(s): English Issue: 4/2017

Sustainable development in public administration in Romania prioritizes on temporal level the general interest by satisfying the needs but without harming the chances of future generations. The concept of sustainability is the symbiosis between the natural environment and rational use of natural resources which increase efficiency on medium and long term perspective based on three fundamental pillars: economic sustainability, social sustainability and environmental sustainability. By implementing reform measures at the level of central and local public administration, sustainable development in public administration in Romania will exceed the abstract conceptualization. Thus, sustainable development in public administration pursues the optimization of the social system as a whole by focusing on public interest and ensure quality public services for citizens. Currently, the theory and practice of public administration in Romania must also consider the systemic risk caused by scarcity of natural resources that is required to ensure a balance between the needs of natural systems and social systems, and between the needs of present and future generations. Unequal distribution of natural resources at the global level is a reality so that it is fundamentally necessary to develop sustainable public administration as intrinsic resort which can lead to increased efficiency and effectiveness in promoting public interests.

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Strategic Management in the Local Public Administration Institutions. Case study: Application of the Balanced Scorecard instrument in the Zalău City Hall

Author(s): Andreea Mihaela Niță,Cristina Ilie Goga / Language(s): English Issue: 59/2018

This article, which aims analyzing the strategic management system in the local public administration, consists of three research directions. First, there is an outline of the main aspects which characterize organizational management and strategic planning, and afterwards we sketched the most important elements of the local public administration in Romania, including various planning methods which have been used at this level. The second direction, is the theoretical presentation of the Balanced Scorecard instrument as a method of strategic planning. In the first two sections of this article, the presentation is a theoretical one, based on the analysis of social documents (legislation, books, articles). The fourth direction is an empirical one, and it presents the methodology used for institutional assessment and strategic planning in the Zalău City Hall, by using the Balanced Scorecard instrument. At the end of this article there is an emphasis on the main action channels assumed by the City Hall.

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The Applying of Law and the Control Exercised over the Public Administration by the People's Advocate

Author(s): Alexandra Oanţă (Nacu) / Language(s): English Issue: 49/2016

Along with the administrative procedure of hierarchically made appeal and the disputed claims procedure before the courts, the People's Advocate constitutes one of the juridical guarantees for the protection of the human rights in the Romanian law, and also a means for controlling the activity of the public administration. The area in which the People's Advocate Institution activates is rather extended, related to all the petitions against the infringement of physical persons’ rights and freedoms, through documents or actions of the public administration, including the authorities of the special and local central public administration, the public institutions, and any other public services that are under the authority of the public administration authorities, and the autonomous departments. For an exhaustive depiction of the role played by the People's Advocate, when applying the law, there are important their attribution and the way in which they are exercised, according to the provisions of the Law no. 35/1997 on the organisation and functioning of the People's Advocate institution, the range of competence, the documents that they can elaborate and the character of these documents, along with the finality of their actions, in case they notice that the lodged complaint was well-grounded.

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Raporturile mediului organizaţional politic cu managementul organizaţiilor publice

Author(s): Cătălina Maria Georgescu / Language(s): Romanian Issue: 26/2010

The relations between the management of public organizations and the political sphere have been discussed and analysed by a rich literature, researchers striving to identify the challenges that the management of public organizations faces with the external political environment and to articulate the necessity of changes within this relationship. The dynamics of political control was thus discussed and analysed through numerous theoretical and empirical studies. The management of human resources lies at the bedrock of many researches on the influence of politics over the administration. Some researchers follow a managerial approach to organizational structures from the perspective of communication and information system and study political influences exerted upon them.

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Organizacja systemu szkoleń strzeleckich w polskiej Policji

Author(s): Adam Kaczmarski / Language(s): Polish Issue: 26/2017

The police is one of the public administration bodies that has a statutory task to provide citizens with security, also in an armed way. The article presents the organization and format of the current Polish police shooting training system. Based on the results of previous studies, it was pointed out that training courses and practice sessions carried out by the police officers are more important than their individual personality traits. Implementation trainings reflecting real situations would help to improve the level of police officers’ preparation for work.

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Aktywność fizyczna jako czynnik gwarantujący bezpieczeństwo społeczne

Author(s): Magdalena Kobylarz / Language(s): Polish Issue: 26/2017

The aim of the article is to present and describe how to counteract threats to social security through sport. The theoretical method of analysis and criticism of the literature was used in the research work. The conducted research allowed to determine that mainly trainers and pedagogues play an important role in the prevention of risky behavior. The review of the literature allowed to conclude that the research work is based primarily on surveys and currently only a few researchers conduct research on combating social security threats through physical activity. In connection with the above, it is necessary to continue research in this direction, using such research methods as the individual case method.

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Внедрение модели «3-р» в концепцию стратегического управления муниципальными образованиями

Author(s): Marina N. LUKIYANOVA,Irina Zayarnaya,Marsel A. KADYROV / Language(s): Russian Issue: 4/2018

The mechanisms for implementing local government have not been developed in Russia.This leads to the fact that the activities of the authorities are now ineffective. The relevance of the study is to develop models that improve the system of municipal government. The authors put forward a number of hypotheses using the benchmarking method and analysis of the world practice of organizing municipal government in developing the theoretical model "3-p". The authors carried out a sociological research to test the developed theoretical model. This allowed to improve the elements of "3-p", eliminating unconfirmed hypotheses and adding the identified important components. The model created by the authors is a self-organized system,it has feedbacks, it is possible to increase the flow of resources and obtain a synergistic effect.

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The role of decentralization in the Romanian public administration system: analysis, theory and models

Author(s): Adrian Nicolescu / Language(s): English Issue: 42/2014

Modern society, characterized by contradictions and pluralism, involves a wide variety of social behaviors and, therefore, taking decisions at the central level is not enough, and this makes it necessary to adapt the decision-making process to local conditions (Alexandru, 2005: 148). Decentralization is an administrative organization system that allows human communities and the public service to administer their selves, under state control, which gives them legal status, allows the establishment of their authority and equips them with the necessary resources (Balducci, 1987: 150). An extremely important role in public administration is the relationship between deconcentration and decentralization. Administrative devolution is a step located between centralization and administrative decentralization, a so-called ''mitigating centralization or weak decentralization '' (Preda, 1995: 287). Both decentralization and deconcentration represent a process through which the transfer of jurisdictions of administrative nature occurs from the center of the state to legal institutions, others than the central ones, in the local community plan. The deconcentration principle, as opposed to the concentration, consists of recognizing certain decision-making powers for the state agents, organized on territorial basis, but such decision-making powers are limited only to the administrative units where they were formed.

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The Idea of Asymmetric Power Dispersion. Conceptual Issues

Author(s): Mihai Ghiţulescu / Language(s): English Issue: 23/2009

This article aims at drawing a theoretical overview of the research in the field of the asymmetric power dispersion (a more comprehensive alternative to the well-known concept of asymmetric federalism). Several fundamental concept will be discussed in order to emphasize the general confusion and the necessity of a systematic revision of the theoretical issues.

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Unpacking the Right to a Name: A Diachronical Legal Analysis of the Administrative System and Regulations

Author(s): Oana-Nicoleta Retea / Language(s): English Issue: 46/2015

The purpose of this article is to provide the first comprehensive legal analysis of the relation between the right to a name and the administrative authorities. In order to individualize the personality of an individual in relation to another individual, the name of the physical person (surname and forename) must be used. Although the name is a complex notion whose birth, historically speaking, represents primarily the result of a long usage, as any element related to language, it becomes a legal concept, its structure and rules of assigning are the subject of the regulations, and not the name itself. The right to a name is one of those personality rights which are simultaneously identification attributes of an individual. The name, as an element or means of identifying physical persons in civil right, contributes to determining the status of the individual holder of rights and obligations in a legal relation. Changes in civil status of a person such as: changes in filiation, changes arising from adoption, changes caused by the institution of marriage, determine the change of the surname which is not at all the same with the administrative procedure of changing the name. This last procedure consists in the replacement of the name on request, through administrative decision. This administrative procedure is due to different causes unrelated to civil status but included in special provisions.

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Qualitative Analysis on the Institutionalisation of the Ethics and Integrity Standard within the Romanian Public Administration

Author(s): Cătălina Maria Georgescu / Language(s): English Issue: 37+38/2013

Ethical values and integrity define standards in the Romanian legal pursuit of strengthening public administration performance. The institutionalization of the ethics and integrity standard within the administration is analysed in the context of recent debates on the politics-administrative relations and the issue of political discretion. The methodology of this study implies a qualitative research of the literature and of the primary legislation, regulations, codes of conduct using as a toolkit the OECD Questionnaire on Managing Ethics in the Public Service. The study aims at assessing the regulation of ethical values and integrity for the public service and testing the strength of the relation between the institutionalization of the ethics and integrity standard and the political action and administrative/bureaucratic action.

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IZMEĐU POLITIKE I PROFESIONALIZMA: POLITIZACIJA KAO DEMOKRATSKI DEFICIT U PROCESU REFORME JAVNE UPRAVE

Author(s): Edin Ramić,Hanka Omanović / Language(s): Bosnian Issue: 18/2018

The execution of political decisions, crystallized into a unified national policy,is indeed the most essential task of the administration. The term politicization of administration means the influence of party politics penetrating into public administration and imposing one’s own interests it also represents a politically motivated engagement of civil servants that guarantees exclusively loyalty to the ruling class, and not the quality of professional and administrative affairs. The politization is a phenomenon which, if given free rein, could badly shake the foundations of a democratic society. The experiences of several countries tries indicate that a large-scale politicization of administration can develop into a malignant disease of society. In a study of the politicization of administration, special attention must be paid to mutually related terms: political appointments (patronage) and political party activities of civil servants. The government can support political groups it favors by giving grants or by other methods. On the other hand various interest groups, especially economic ones, which have more or less direct contacts with the actual political groupings, can try to interfere in the public a administration. The passing out of favours through the administration to supporters of those who are in political powers, after bribery, what most op- deeply tends to weaken confidence in the democratic system of government. Politicized administration is perceived as a long-lasting legacy of the socialist regime that the transition through failed to eradicate.

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VAŽNOST KONCEPTA ODNOSA SA KLIJENTIMA U SISTEMU TQM-A JAVNIH KOMUNALNIH PREDUZEĆA U BOSNI I HERCEGOVINI

Author(s): Mirza Čelik,Amer Omanović / Language(s): Bosnian Issue: 18/2018

Public communal companies play an important role in the overall socioeconomic trends. There are many problems in functioning of these companies, but the focus of this work will be the relationship with clients in the system of total quality management. By building relationships with clients and to follow trends in the public communal companies can achieve customer satisfaction and long-term use stability of business. The subject of the work is based on the discovery of the importance of the concept of customer relationships in the system TQM public communal companies in Bosnia and Herzegovina. The working hypothesis is that applied the concept of customer relationships in the system of total quality management has a positive effect on the efficiency and effectiveness of public communal companies. The survey was conducted through a questionnaire on the territory of Bosnia and Herzegovina and a sample of 50 public communal companies. The survey results are analyzed in the statistical program SPSS. Answers to the questions have a high degree of agreement in the range of 3.86 to 4.20. The highest level of agreement is the question implies that TQM techniques and procedures that are required to be enough customer needs and to improve the quality of management.

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SMJERNICE ZA PRIMJENU ZELENIH JAVNIH NABAVKI

Author(s): Nermin Lapandić,Džemila Kovačević / Language(s): Bosnian Issue: 18/2018

The paper analyzes the concept of green or sustainable public procurement in EU law: theoretical background and guidelines for their implementation in the domestic legal system. After introducing theoretical frameworks and recognizing the need to introduce the promotion of sustainable development goals into a public procurement framework, the guidelines for their specific application through the public procurement procedure are described with concrete examples. The current legal system of public procurement in Bosnia and Herzegovina is analyzed, with emphasis on determining the existence of elements of green public procurement, as well as the practice of domestic contractors in the implementation of sustainability elements in public procurement procedures. The paper concludes with an analysis that the domestic legal system will affect the significant expansion of the concept of green public procurement in line with EU law.

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ŽIVOTNI CIKLUS JAVNE NABAVKE U KONTEKSTU PMI METODOLOGIJE UPRAVLJANJA PROJEKTIMA

Author(s): Nermin Lapandić,Emina Hadžić / Language(s): Bosnian Issue: 18/2018

Public procurement planning and project management in the countries of Western Europe are standardized activities of contracting authorities. Unlike them, transitional countries, including Bosnia and Herzegovina, have only partly or very little followed these activities. Therefore, the paper presents a review of the main elements of the PMI project management methodology in asingle life cycle of procurement, procedures, phases and risks, and how to apply this in the public procurement planning stage in Bosnia and Herzegovina.

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Political control, public organizations’ recruitment and selection policies and the New Public Management

Author(s): Cătălina Maria Georgescu / Language(s): English Issue: 21+22/2009

The desire for a more responsive public management as regards the needs of local communities and citizens has given the urge for the beginning of the decentralization process in the Romanian public sector. One of the ways to meet this desire could be a more responsive policy of employees’ recruitment in public organizations. The paper aims at offering an objective perspective on several issues. Firstly it aims at presenting several considerations on the character of recruitment and selection policies in Romanian public organizations. Secondly, it aims at discussing the different types of administrative reforms that have established the management of post-communist public organizations and the perspectives offered by applying the New Public Management model. Thirdly, the paper addresses the major laws that regulate the recruitment and selection processes in Romanian public organizations.

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EU competences in the field of public administration of Member States and Candidate Countries

Author(s): Cătălina Maria Georgescu / Language(s): English Issue: 21+22/2009

The article discusses the reasons that determined the European Commission to evaluate administrative capacities of its Member States and to take them into account as criteria for EU membership. The main conclusion that can be drawn is that the EU has little direct competences in the field of public administration of its Member States and Candidate Countries, though it appears that high administrative capacities are among the priorities of EU accession requirements. As regards Member States, the article discusses the appearance of principles of good administration in several EU documents.

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Autonomie decizională: percepţii, valori, standarde. Studiu empiric în patru tipuri de organizaţii din sectorul public

Author(s): Cătălina Maria Georgescu / Language(s): Romanian Issue: 24/2009

The paper presents the results of a research aimed at establishing a model of analysis of public employees’ perception on the decision-making autonomy in four types of public sector organizations. The starting point of our research was the theory we formulated and sought to validate which assumes that there are several factors capable of determining the manner in which public organizations’ employees and management perceive the autonomy of the decision-making process in these organizations. The source of the data we employed is a study undergone by the Metro Media Transilvania research institute, commissioned by the Agency for Governmental Strategies. Following the selection of a set of 30 variables from the structure of the questionnaire we were able to launch the research hypothesis which assumes that we can associate several representations to the phenomenon of political influence over the decision-making process within Romanian public organizations: political control over decision-making process, political-based employment, allingment to European standards of administrative capacity, budgetary constraints, frequency of consultations in the decision-making process.

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Bringing value to public organizations in the politics-administration relations

Author(s): Cătălina Maria Georgescu / Language(s): English Issue: 30+31/2011

The efforts stimulated by the reform process have imposed the use of a public management quality assessment instrument within public administrations. The Common Assessment Framework was created on the basis of the EFQM Excellence Model especially for public organizations. This article deals with the Leadership criterion of the CAF Model with emphasis on the assessment of the relations between the leadership of public organizations and the political sphere. The discussion over the above-mentioned criterion is correlated to the five principles of public administration coined by the Support for Improvement in Governance and Management in Central and Eastern European Countries (SIGMA) under the patronage of the OECD and the European Union.

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