EUROPEAN UNION DIRECTIVES: BETWEEN THE RECOGNIZED VERTICAL AND THE UNACCEPTED HORIZONTAL DIRECT EFFECT

Author(s): Zoran Radivojević / Language(s): English Issue: 2/2014

Directives are legal acts which bound Member States only in regard to the objectives and results to be achieved, while the choice of form and methods to achieve them is left to the discretion of national authorities. Due to their legal nature and place in the EU legal system, directives do not create direct rights and obligations for individual subjects but only for the Member State which it is refers to. The problem, however, arises when a Member State, infringing its obligation, fails to implement the directive or adopt inadequate implementation measures within the prescribed deadline. Faced with this kind of situation, the Court of Justice recognized a vertical direct effect of EU directives, but is still hesitant in acknowledging a horizontal direct effect. In addition, the Court accepted their interpretative and incidental effect, as well as state liability in damages, in situations of non-implementation of directives.

LEGAL STATUS OF CIVIL SERVANTS - BASIC SOLUTIONS

Author(s): Aleksandra Ilić Petković / Language(s): English Issue: 2/2015

Different organs of state administration employ a large number of people of different qualifications and different jobs. Some of them perform simple tasks, while others perform more complex ones, including management. The issue of legal status of civil servants has been thoroughly regulated by a special law - the Law on Civil Servants from 2005. Individual issues are regulated by other laws. Thus, the status of civil servants is regulated by many laws, so there is the impression of the inhomogeneity of regulations. Questions of legal status of civil servants are complex. Many can be discussed from various aspects. There are different standards and comparative experiences. In any case, a comprehensive understanding of the position of civil servants creates conditions for further improvement of the civil service system in the state administration and paves the way towards the creation of a new legal discipline, such as civil service law.

Wpływ wybranych aspektów polityki fiansowej jednostek samorządu terytorialnego na ich rozwój – próba oceny na przykładzie miast Unii Metropolii Polskich

Author(s): Marcin Wiśniewski,Natalia Łukaszewska / Language(s): Polish Issue: 62/2015

The local government plays a huge role in supporting local development. In this paper, the authors present the results of conducted research concerning the impact of selected aspects of financial policy of the local government units on their development on the example of cities affiliated with the Union of Polish Metropolises. Therefore, firstly, they construct a synthetic indicator of local development and use it to assess the relative development of the analyzed cities. Then, they measure the relationship between the level of the cities’ relative development in the years 2007−2012 and the values of major categories of the units’ financial management in those years (per capita), in particular the amount of their debt, total and investment expenses, and expenditures on individual groups of local government tasks.

МОТИВАЦИЯ НА СЛУЖИТЕЛИТЕ В ПУБЛИЧНАТА АДМИНИСТРАЦИЯ В БЪЛГАРИЯ

Author(s): Valentin Vassilev / Language(s): Bulgarian Issue: 1/2006

The motivation of public administration is a new problem. This material presents a new model of motivation in the area of public survents. A lot of theories give advances to the leaders in public sector how to motivate your personal, but some part of this theory is based on the practical orientation. Our model is based of the results of research on 466 public servents in 16 cities. This model will provide an orientation in future activities in management of motivation in public administration, that’s why each elements of our model is oriented in practical use.

„БОРАУТ”– ПРЕДИЗВИКАТЕЛСТВА И РЕШЕНИЯ В ПУБЛИЧНАТА АДМИНИСТРАЦИЯ

Author(s): Valentin Vassilev,Olga Chorbadzhiiska / Language(s): Bulgarian Issue: 4/2009

Work in public administration sometimes requires a real organizational and individual selfsacrifice. The lack of research practice in regard to the negative and demotivating aspect of work process is a serious obstacle to the efficiency of motivating messages of the management body. The change of attitude to work and the “attack” against demotivation in the field of public administration can also be achieved through purposeful efforts for changing the behavior of the managing persons taking into consideration global studies and trends.

УПРАВЛЕНИЕ НА ВИРТУАЛНИ ЕКИПИ, ФАЗИ И РОЛЯТА НА МЕНИДЖЪРА ПРИ ОСЪЩЕСТВЯВАНЕТО НА ПРОЕКТА

Author(s): Meglena Mladenova / Language(s): Bulgarian Issue: 4/2009

Markets change; worldwide new opportunities for resourcing arise; new technologies enable innovative business models. Today, companies need to be fast and flexible to gain or maintain a competitive edge. At the same time they need to effciently utilize their resources. These new challenges were partially unleashed by the advances in communication technology over the last 15 years. Data transfer rates became faster, and the costs for communication services decreased

Agencyjna Administracja Publiczna - zarys problemu

Author(s): Michał Możdżeń-Marcinkowski / Language(s): Polish Issue: 1/2005

Przesłanki sprawnej administracji publicznej

Author(s): Jacek Zieliński / Language(s): Polish Issue: 3/2009

Trecutul, prezentul si viitorul jurisdictiei administrative ungare

Author(s): Árpád Répássy / Language(s): English Issue: 1/2019

In order to create the modern organizational and personal conditions for an independent administrative jurisdiction, the on 12th December 2018 the Hungarian Assembly adopted the Act CXXX of 2018, establishing the Administrative Courts in Hungary. Its preamble, in addition to declaring, inter alia, that “the purpose of the administrative jurisdiction is to ensure the rule of law with regard to the actions of the public administration” , puts trust in the independence of the judiciary and the unity of the jurisdiction.

Preocupări și tendințe în administrația publică în perioada 1918-2018

Author(s): C.S. Timofte / Language(s): English Issue: 1/2019

Finding us on the anniversary clock, that is, 100 years after the Great Union, we consider marking this moment through an analysis of the most important changes that took place at the level of the public administration. The history of Romania during this period was marked by legal, political and social events that had an influence on the public administration, events such as the constitution of the unitary national state, the administrative unification, the Second World War and its consequences, the events of 1989 and not last but not least, joining the North Atlantic Treaty Alliance and the European Union. All these moments are part of an institutional path that can be praised or criticized but it is our duty to those who are in a position to express reasoned opinions to improve or to criticize without forgetting to guide society, administration to a world of participatory democracy.

Discuții cu privire la incompatibilitățile aplicabile funcționarilor publici pe durata suspendării raporturilor de serviciu

Author(s): Silviu-Gabriel Barbu,Cristina-Maria Florescu,Alexandru Domşa / Language(s): Romanian Issue: 1/2023

Incompatibility and conflict of interest of public servant are often confused in the mind of public opinion. If the ethical aspects are more obvious in first case, because they concern the public servant when, by virtue of the position he holds, he is to take a decision or participate in the taking of a decision regarding which he has a personal interest, in the second case, they may appear as non-existent because they strictly aim at prohibiting the occupation, in certain situations, of several functions at the same time. A current issue of the judicial practice is the implementation of the public servants’ incompatibilities during the suspension of their employment relationship. Our paper analyzes the existence and the causes of a non-unitary judicial practice, anticipating the possible problems under the current legislation and formulates proposals for its improvement. These would allow to avoid in the future the non-unitary administrative and judicial practice regarding the incompatibilities of public servant whose service report has been suspended, but also to adapt the behavior of the recipients of the law in order to prevent any possible situations of incompatibility, which would also cover ethical aspects of these situations.

EVALUATION OF THE USE OF ELECTRONIC SERVICES PROVIDED BY THE POLISH PUBLIC ADMINISTRATION

Author(s): Bartłomiej Suchodolski,Paulina Rudaś / Language(s): English Issue: 133/2023

This paper presents an evaluation of the use of electronic services provided by the Polish public administration. An electronic service can be understood as the provision of any service using an online channel. The aim of the paper is to assess the use of such services in Poland. This assessment is based on a survey and an analysis of the literature. The survey carried out showed that the vast majority of respondents make use of electronic services. Among the main reasons why they choose this way of communicating with the office, they indicated the possibility of saving time and the fact that this contact is possible 24 hours a day and 7 days a week.

Digitalization of the Public Administration in Romania Compared with that Existing within the Member States of the European Union

Author(s): Rodica Pripoaie,George Cristian Schin / Language(s): English Issue: 2/2023

This study explores an important issue regarding the state of digitization of public administration in Romania compared to its level at the European level. In this paper, we analyze the level of digitization of public administration services in Romania, which aims at improving the interaction between the state and citizens, in the sense of increasing the quality of the offered services following the dynamics of society. Also, digitization aims at simplifying citizens’ lives, facilitating the interaction between them and public administration institutions, but also increasing citizens’ trust in the administration, which will ultimately lead to the economic development of communities and increase living standards. We have also analyzed the degree of digitization of Romania compared to other European states, a level reflected by a series of indicators used at the European level. We found that there is a direct link between the level of digitization and the development of a country. That is precisely why Romania should be concerned with accelerating the digitization process of public administration and reducing the existing gap in this field compared to other European states.

Zarządzanie zasobami ludzkimi w administracji publicznej na przykładzie Krajowej Administracji Skarbowej

Author(s): Janusz Sarnowski / Language(s): Polish Issue: 2/2023

Zarządzanie zasobami ludzkimi stanowi bardzo ważny element funkcjonowania i rozwoju każdej organizacji. Kwestia ta jest szczególnie istotna w odniesieniu do organów administracji publicznej. Od ich bowiem sprawnego funkcjonowania zależy efektywna realizacja zadań publicznych przez państwo. Podstawowe cechy zarządzania zasobami ludzkimi w administracji skarbowej w zasadzie nie różnią się w sposób istotny od innych podmiotów administracji publicznej. W odróżnieniu od sektora prywatnego na proces zarządzania zasobami ludzkimi w administracji publicznej ma wpływ wiele aktów prawnych różnej rangi. Ponadto kluczową rolę w procesie zarządzania zasobami ludzkimi odgrywa szef służby cywilnej. Mimo istotnej reformy przeprowadzonej w roku 2017 efektywność funkcjonowania w Krajowej Administracji Skarbowej w porównaniu z innymi krajami nie jest wysoka.

ANALYSIS OF PSEUDO-DECENTRALIZATION AND FINANCIAL DEPENDENCY IN THE IMPLEMENTATION OF REGIONAL AUTONOMY IN SUMEDANG REGENCY OF INDONESIA

Author(s): Akadun AKADUN / Language(s): English Issue: 1/2024

This study examines the phenomenon of pseudo-decentralization and financial dependence in the context of regional autonomy implementation in Sumedang Regency, Indonesia. Using a case study approach and analyzing financial data from 2019-2022, this research investigates the extent to which Sumedang Regency relies on central and provincial governments for financial resources. The findings reveal a high level of financial dependence due to limited income sources provided by the central government to regions like Sumedang. Despite this dependency, Sumedang Regency has successfully executed development programs and received awards, partly due to effective political lobbying by regional leaders. However, this reliance on local elites may hinder the achievement of decentralization objectives and lead to unequal development outcomes. As a recommendation, the central government is urged to focus on implementing fiscal policies that distribute more lucrative and equitable financial resources to all regencies and cities, promoting genuine decentralization and fair development.

Moral Licensing: Causes and Consequences in Public Administration

Author(s): Atefeh Sodeiri Javadi / Language(s): English Issue: 2/2023

Purpose: Voluntary deviation from self-controlling which is known as moral licensing, individuals justify their immoral and counterproductive behavior depending on past creditable behaviors, without worrying about the loss of their reputation and esteem. The aim of the study is to identify the causes and consequences of moral licensing. Design/Methodology/Approach: The paradigm of the study is interpretive; its approach is qualitative and its strategy is grounded theory with emergent approach. In this regard, indepth, semi-structured interviews were conducted with managers and employees of public administration in northeastern Iran. Findings: The result of analysis of 17 interviews showed 119 codes, 63 concepts, 14 classes and 6 categories which finally obtained the final research model which has contributed to an extension of literature on moral licensing. Research limitations/Implications: The study is limited by the context, as well as the research method to qualitative method. Due to structural differences between the private sector and the sector government, conducting the research in the private sector, can provide a broader understanding of this phenomenon, as well as using quantitative methods can let examine the accuracy of the relationships between the various categories. Originality/Value: The study is developing the theory on moral licensing by comprehensive understanding of moral licensing and the discovery of the causes, factors and consequences of moral license in public administration.

DIAGNOZA POTENȚIALULUI MANAGERIAL AL INSTITUȚIEI PUBLICE

Author(s): Grațian-Daniel Goloșie,Geanina-Ioana Bogluț / Language(s): Romanian Issue: 1/2024

The article explores the detailed analysis of the public institution, focusing on the evaluation of the organizational structure and decision-making processes, alongside the analysis of the organizational culture, ethics and human resources management. Financial aspects, communication and public relations, performance evaluation and monitoring of policy implementation are also covered. The comprehensive analysis identifies potential improvement points for more efficient and transparent governance within public institutions.

RECENZIE: SÎMBOTEANU, AUREL (2023) ADMINISTRAȚIA PUBLICĂ: TEORIE, ISTORIE, ACTUALITATE. CHIŞINĂU: CEP USM

Author(s): Valentina Cornea / Language(s): Romanian Issue: 1/2024

RECENZIE: SÎMBOTEANU, AUREL (2023) ADMINISTRAȚIA PUBLICĂ: TEORIE, ISTORIE, ACTUALITATE. CHIŞINĂU: CEP USM

Zadania gminy w zakresie ochrony zabytków ze szczególnym uwzględnieniem zabytków rezydencjonalnych

Author(s): Elżbieta Kocowska-Siekierka,Tadeusz Kocowski / Language(s): Polish Issue: 1/2024

The article delineates the municipality’s role as the custodian of historical monuments, elucidating the factual and legal circumstances and the genesis of this extraordinary relationship. It outlines the goals and tasks faced by municipalities in relation to the conservation, restoration, and revitalization of residential historic structures under their purview. The article further scrutinizes the situations that led municipalities to assume ownership of historical monuments, often acquiring them from the State Treasury, primarily during the process of political transformation. It delves into intricate interconnections, examining the nexus between the interest in heritage preservation, the financial capacities of public and private entities, and the mission of local governments in the protection and upkeep of these objects. Given their imposing volume and frequently dire state of preservation, revitalizing residential historical monuments requires substantial financial investments. Additionally, there is the challenge of determininga rational and socially appealing way to utilize renovated monuments. The text accords particular attention to the professionalization and developmental stages of tools and instruments in the possession of these local government units. These entities employ such tools to effectively secure external funding for ambitious revitalization and conservation projects involving dilapidated castles and palaces. This approach unquestionably serves as an alternative to the simplest solution, namely the privatization of these objects—a course of action that does not always lead to the achievement of intended goals and, quite often, results in further degradation of the structures. After more than thirty years of political transformation, many residential monuments are gradually regaining their former glory, and performing new, predominantly socially beneficial public functions.

Uticaji društvenih naučnih disciplina na interdisciplinarnost nauke o javnoj upravi

Author(s): Rijad Delić,Emir Mehmedović / Language(s): Bosnian Issue: 31/2024

Public administration is a dynamic discipline that has evolved throughout history under the influence of various scientific fields, primarily social sciences. Its roots trace back to ancient civilizations, and it has significantly developed over centuries. As a scientific discipline and a complex social phenomenon, public administration encompasses sociological, political, legal, organizational, and other characteristics. The emergence and functioning of public administration as a crucial state instrument for law enforcement and ensuring social stability have been significantly influenced by numerous scientific disciplines, particularly political science, law, sociology, economics, and psychology. These disciplines provided the initial impetus and later momentum for the development of specific public administration concepts. Key theoretical approaches to studying public administration emphasize the importance of organizational structures and functionality within social systems. Understanding the historical and theoretical foundations of administration is essential for addressing contemporary challenges and opportunities in public administration. The aim of this paper is to highlight the influences of some key social and technological disciplines on the development of public administration, focusing on understanding how historical changes have shaped modern practices.