Adobe Systems Public Administration Activities. Decision-making. Anna Chamráthová Richterová Public Administration Administration = intentional activity aimed at reaching stated goal Public Administration = Administration of public affairs in public interest In opposition to the private affairs administered in private interest Performed by Public Bodies as their duty by public means, often authoritative Organization – structure of Administrative Bodies or Activity – functional understanding Service for the public One of three state functions – legislation, justice, administration – provides the means of the application of the Administrative Law (direct realization, authoritative application) Implements the Acts of Parliament by making its own legislation Authoritatively applies the Acts on individual cases Supervises compliance with the legislation May punish non-compliance with the legislation Is concerned with public rights and public duties – related to the state Executing activity Authoritative activity – orders, authoritative decisions Subordinate to Acts of Parliament – cannot change them, must comply with them, its own legislation must not be inconsistent with them Legislation – creates law, general and binding rules of conduct Problem: The rules of conduct are GENERAL and it may be unclear whether they were breached or not Example: The person commits administrative offense by arousing public outrage. We need somobody who has an authoritative power to declare whether the public outrage was aroused or not.. Adminisitration hierarchical May create its own rules to complete the rules created by legislation Justice independent General types of activities Authoritative – superordinate, non-equal to the recipients of Public Administration Non-authoritative, non-superordinate – taking care of the public (i. e. services), financial Public means or private means Legal forms or non-legal forms Management and regulation Decide which of the activities below are public administration or not 1.Minister M. preparing a programme for culture development 2.Chairman of the court exercising the administration of the court 3.Legislation enacting the bill on the State budget 4.The governement enacting a regulation to complete an act of Parliament 5.A judge deciding a case 6.A judge being fined for an administrative offence 7.A municipality enacting a regulation 8.A president issuing a decree to appoint a person to be a professor 9.A municipality providing the collection of waste for its citizens Decide which of the public administration activities below are authoritative and which are not 1.Minister M. preparing a programme for culture development 2.Chairman of the court exercising the administration of the court 3.The governement enacting a regulation to complete an act of Parliament 4.A judge being fined for an administrative offence 5.A municipality enacting a regulation 6.A president issuing a decree to appoint a person to be a professor 7.A municipality providing the collection of waste for its citizens The Chain of Realization of Public Administration Activities 1 Aims and 2 Tasks 3 Functions – planning, supervision, registration, coordination, decision-making… Organizing Protecting 4 Methods General – management and regulation Specific – administrative (direct influence), economic (indirect influence), organizational The Chain of Realization of Public Administration Activities II 5 Forms of Activity Legal Administrative Acts Public Law Contracts Operation with Direct Legal Impact (factual acts and immediate interventions) Non Legal=Organizational Public Contracts - establishes, alters or cancels rights and obligations in the sphere of public law -must not diminish the trustworthiness of public administration, must be purposeful its objective must be the fulfilment of public administration tasks Coordinative – between two Administrative Bodies Subordinative – between an individual and an Administrative Body, substitutes an Administrative Decision Between two individuals, its subjects are public rights Administrative Acts Normative Administrative Acts – their subjects and recipients are abstract, general = legislation of Administrative Bodies; external or internal Individual Administrative Acts – their subjects and recipients are specific, individual; external or internal Mixed Administrative Acts – their recipients are abstract and the subjects are specific or the other way round (rare) = General Measure Individual Administrative Acts Authoritative application of Administrative Law Decisions, notifications, statements… Constitute or declare a right/duty Administrative Decisions Authoritative acts Acts of the application of law Legally binding Published by Administrative Bodies Published by Administrative Procedure Are concerned with specific rights and duties of a specific individual – in particular case establishes, changes or revokes the rights or obligations of an explicitly defined person or declares that such a person has or has not any rights or obligations. Administrative discretion Legal regulation gives a public body space to choose from two or more possible solutions, therefore it decide which solution (or if any) it adopts Blank discretion Limits – legal regulation, legal principles Adobe Systems Principles of Good Governance (Administration). Anna Chamráthová Richterová Importance Public Administration as a service – is for the people, people are enabled to participate in and supervise, have right to protection against its activity •Reliability •Predictability •Liability •Transparency •Effectiveness Define footer – presentation title / department 17 = describes how the Public Administration should be, even if it is not legally prescribed Binding or non-binding principles Maldaministration – byrocratic, insensitive, unfair, careless, arrogant, rude, groundless delays… 18 Sources courts Acts – Code of Administrative Procedure Legislation of the Public Administration International organizations – e.g. Council of Europe, and their recommendations ombudsmen 19 Courts ̶Constitutional Court – applying legal principles not expressly included in legal regulations ̶Supreme Administrative Court ̶European Court of Human Rights ̶Court of Justice of the European Union 20 Ombudsmen European ombudsman – Code of Good Administrative Behavior, Public Service Principles Czech Ombudsman – Ten Commandments of the Good Administration - explanatory notes – protection against maldaministration 21 Legality Equality Integrity Objectivity Fairness Courtesy Transparency Liability 22 Adobe Systems Transparency of Public Administration, Personal Data Protection. Anna Chamráthová Richterová Transparency of Public Administration Public Administration is a part of the Public Power and the source of the Public Power are the people The people have the right to check how the Public Power (Public Administration) is performed Public Administration – service for the people, can act only if the legislation allows it People have the right to be informed about the Public Administration activities Increases its credibility Decreases the risk of corruption Part of the Public Administration control Legal guarantee Information Constitutional duty of Pulic Bodies to inform about their activity Aarhus Convention Constitutional righht to be informed about the condition of the environment One of the principles of the good governance Manifestations of transparency Register of contracts Act no. 106/1999, on the Free Acces to Information Act no. 123/1998, on the Right to Information on the Environment Register of contracts Act no. 340/2015 Public Bodies Duty to publish contracts which subject is to pay an amount higher than 50.000CZK Publishing = condition for the contracts to be in force Free Acces to Information Public Bodies publish basic information on their activity by themselves, they provide more information to individuals when the individuals ask Application for the information – informal or formal, 15 days to reply 28 Personal Data Protection The Personal Data Processing Act 2019 (No. 110/2019 Coll.) + GDPR Confidentiality of public officials - Authorised officials shall be obliged to maintain confidentiality in respect of facts they learn of in association with the procedure and which need to remain confidential in order to ensure the proper conduct of public administration or to preserve the interests of other persons, unless stipulated otherwise by law. The Office for Personal Data Protection 29