Adobe Systems Public administration in the Czech Republic Radislav Bražina Adobe Systems EXAMINATION - CONDITIONS §Active participation in lectures and seminars (taking part in discussion, preparation based on reading information available in www.is.muni.cz). §Written test. The test is based on true/false questions and multiple-choice questions. §Discussion aimed at one of the fifteen topics listed above in “Programme – topics”. The topic number will be randomly generated for each student at the beginning of the discussion. ̶ Term Administration •Activity aimed to care for certain things. •It pursues an activity that is targeted, that follows an aim whether its own or set by another entity, either of its own or as a duty. •It disposes of the means necessary to achieve the set aim. •Purposeful human activity aiming to reach purposes, targets. • Term Management ≠ Term Administration Management a purposeful activity leading to influence the managed entity in conformity with the set aim Administration vadministration in general is management of society vspecialized management vshows sign of stability, institutionalisation and regulation vapplied in stabilized systems and normatively determined relations only Public And Private Administration •Interest theory •Power theory •Organic Theory Public Administration •social phenomenon •public administration as the administration of public affairs is administration in public interest and is exercised as a duty set by law •public administration has at its disposal power – an ability to force a certain way of behaving on somebody •self-government sets its own targets •public administration as a service •legal element •purposeful element •realization of executive power • Public administration Organizational (or institutional) way – set of public administration bodies Functional (or material) way – specific activity of public administration bodies 7 Organizational Principles Important terms qPowers qCompetence q ØDecentralization ØDeconcentration Ø §Territorial principle §Departmental principle Organizational Principles oMonocratic x collegial principle o vAppointing x electoral system Public administration in the Czech Republic Central state administration bodies vMinistries and other central state administration bodies vCzech Republic Government Territorial deconcentrated – specialized state administration bodies Territorial administration with general competence vRegions and communities o •Independent competence (self-governing) o •Delegated competence Interest and professional self-government Administrative law •Independent branch of law (a branch of public law) •Legal basis for existence and performance of public administration •Multiplicity and plurality of legal regulations •Subject of the regulation – relations that are established within the performance of public administration •Regulation method – „administrative law“ (power aspect of public administration) •Administrative law – 1. substantial, 2. procedural, 3. competence and organizational (among these administrative offences) Administrative sciences Administrative sciences are aimed at public administration as such. Administrative law is aimed at legal regulation of public administration. 12 Adobe Systems Public officials What is the administrative Personnel? General perspective Public employees X Administrative personnel •Public employee is everyone paid from public budgets, •Administrative personnel is also paid from public budget, but ensures professional, public tasks in employment relationship to some executor of public administration. •Administrative personnel is specific group of employees, with specific assumptions, needs and regulation. What is the administrative Personnel? General perspective Administrative personnel does not consist of only those officials who are employed by state. It is usual to divide public officials on those who •exercise civil service and those who, •exercise rest of public service. WHAT IS THE ADMINISTRATIVE PERSONNEL‘S IMPORTANCE? ‚‚Officials have to realize that their mean task is to represent community, protect its dignity, maintain law, make decisions and keep on mind, that all was entrusted to their conscious.‘‘ (M. T. Cicero) Bureaucracy as a special profession was developed in 18th century. Max Weber pointed out, that it‘s a necessary for obtaining ‚‚rule of law.‘‘ Concept of administrative personnel changed from conception based on privileged status of officials to open conception based on providing the best services to public. ADMINISTRATIVE PERSONNEL‘S IMPORTANCE REALIZATION OF PUBLIC ADMINISTRATION Decision-making process is the heart of public administration activities and it highly depends on rationality of administrative personnel. It‘s nonrandom selection of at least two different variants, consisting of: ADMINISTRATIVE PERSONNEL‘S IMPORTANCE DECISION-MAKING PROCESSES •Public officials stand on difficult position between politic‘s and public interests. This controversy leads to so called ‚‚spoil system‘‘, where politicians try to capture all important administrative bodies. •Importance of administrative personnel is also in exercising public administration with keeping loyalty and public interest at the same time. WHAT IS THE ADMINISTRATIVE PERSONNEL‘S IMPORTANCE? Labor law relationships between public administration and their employers have public law nature. CAREER SYSTEM CAREER SYSTEM In USA, with different historical experience, was no need to get over the patrimonial relationship between monarch and public officials. Vice versa, there was rather attempt to obtain liberty and that meant prevent wanton bureaucracy. This development led to so called merit system, which is typical for its similarity with human resources management in private sector ORIGIN OF PUBLIC OFFICIALS‘ STATUS USA Merit system is based on catalog of service positions with its detailed description. Free administrative positions could be filled by people from both private and public sector. MERIT SYSTEM Neither the career or merit system doesn‘t exist in these days in their original form. They have been influenced by each other. Rationality and legitimacy of modern public administration is based on professional and impartial service to public. Max Weber saw public administration as work performed by impartial professional personnel, according to related rules in centralized hierarchical system. PRESENT PUBLIC SERVICE Duties of public officials Duties of public officials mostly responds to main principles of public administration. Concrete duties are expressed by nationals' legislations. For European countries there are relevant principles expressed in: Recommendation of Committee of Ministers of Council of Europe, CM/Rec.(2007)7, on good administration • For public officials of European unions‘ bodies, there are principles and duties in: Public service principles for the EU civil service The European Code of Good Administrative Behaviour Duties of public officials Administrative sciences deals with these general duties of public officials: Lawfulness. Requires knowledge of the law. Obedience. Response to organizational structure. Official is obligated by orders from his superior. Impeccability. Official is obligated to keep his impeccability. Impartiality. Premise that official is neutral and isn‘t involved in case or biased. Loyalty. Official can‘t questions public administration. Seriousness. That means seriousness of official‘s professional and private life. Confidentiality. Official can‘t disseminate information which he knows from his service. Prohibition on receiving gifts. Purpose of this duty is to avoid corruption. Rights of public officials Administrative science deals with these general rights of public officials: •Right on salary •Right on service succession •Right on official titles Disadvantages of public service should be compensated by: •Longer vacation •Free uniform •Certainty of service progress •Free fare •Quality of social and personal care Responsibility of public officials General labour-law responsibility. In connection with public administration, there are specific kinds of responsibility: ofor illegal decision and incorrect conduct (compensation for damages caused to citizens, in limited extent). o ospecific kind of public law responsibility is disciplinary responsibility. Responsibility of public officials Culpable violation of service discipline, is a disciplinary offense, which could be penalized by: •Written reprimand •Pay cut •Withdrawal from superior position •Discharge from public service Disciplinary offences should be proceeded by disciplinary commissions (inside public administration). Ethics in Public Administration What Do „Ethics“ Mean? Branch of philosophy (discipline) Normative social system based on the rules of morality which is different (but not isolated) from the legal normative system Such system is exercised through the power of public (general) opinion Sanctions mostly of moral character (condemnation, exclusion) Key terms: •Right and correct (just) behavior v. unjust (unfair) behaviour GOLDEN RULE OF MORALE (ETHICS) One should not treat others in ways that one would not like to be treated Ethics in PA - significance •Development of public services, increasing allocation of public funds •Large scope of power of administrative authorities and individual officers when deciding on public funds (budgets, European funds, procurement) •Significant discretionary powers when deciding on citizens’ access to public funds and on rights and duties •Administrating personal data, business details, and other information • •Rise of ethics in PA – 70’s in the Western World, new millennium in post-communist countries [still developing] •Western World – regulation of ethics as a supplement to legal regulation; fulfillment of ethical rules is assessed regularly Ethics in PA in Context and Significance of Ethics for the society Corruption is the very opposite of ethical behavior Types of behavior: unethical x illegal x criminal Are those totally different fields? Are they overlapping? Ethical [right, correct and legal] PA is the prerequisite for the social prosperity [UN, OECD] Unethical behavior/corruption has the opposite effect Normative Ethics v. Professional Ethics Normative •Set of rules of correct conduct •Deals with what is supposed to be, what is right and just •Deals with moral norms, codes, principles and searches for their grounds •More theoretical Professional •Does not ask why specific conduct is right but looks for the answer which conduct is right (ethical) •Does not deal with the motivation of the officer but analyzes if specific conduct is ethical •Aims to create values, norms and principles which form guidelines for the conduct •More practical Ethics of PA The term 1.Desired value or condition, as well as all the means that leads the PA conduct towards such desired value 2.Operating toward elimination of PA misconduct, support of desired conduct Context and fundamentals Internationally: integrity of an officer (personal, moral) – „honesty“ Common cultural foundation and traditions of ethical conduct – modern conception of democracy, rule of law, universality of human rights Principle of PA as a service to society and its members Ethics and PA in EU EU, European Commission The European Code of Good Administrative Behavior (2000) European Anti-Fraud Office – OLAF (investigates fraud against the EU budget, corruption and serious misconduct within the European institutions) Council of Europe Recommendation No. R (2000) 6 of the Committee of Ministers to member states on the status of public officials in Europe Recommendation No. R (2000) 10 of the Committee of Ministers to member states on codes of conduct for public officials Group of States against Corruption (GRECO) Thank you for your attention.