Adobe Systems Public Administration Activities. Decision-making. Anna Chamráthová Richterová [USEMAP] 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 [USEMAP] Organization – structure of Administrative Bodies or Activity – functional understanding Service for the public [USEMAP] 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 [USEMAP] 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 [USEMAP] 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 [USEMAP] The Chain of Realization of Public Administration Activities 1 Goals 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 [USEMAP] The Chain of Realization of Public Administration Activities II 5 Forms of Activity Legal Administrative Acts Public Law Contracts Operation with Direct Legal Impact Non Legal=Organizational [USEMAP] Public Law Contracts Coordinative – between two Administrative Bodies Subordinative – between an individual and an Administrative Body, substitutes an Administrative Decision Between two individuals, its subjects are private rights [USEMAP] Administrative Acts Normative Administrative Acts – their subjects and recipients are abstract = legislation of Administrative Bodies, external or internal Individual Administrative Acts – their subjects and recipients are specific, external or internal Mixed Administrative Acts – their recipients are abstract and the subjects are specific or the other way round (rare) = General Measure [USEMAP] 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 [USEMAP] Adobe Systems Principles of Good Governance (Administration). Anna Chamráthová Richterová [USEMAP] 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 •Liability •Transparency •Effectiveness Define footer – presentation title / department 13 [USEMAP] = describes how the Public Administration should be, even if it is not legally prescribed Binding or non-binding principles 14 [USEMAP] Sources courts Acts – Code of Administrative Procedure Legislation of the Public Administration International organizations – e.g. Council of Europe, and their recommendations ombudsmen 15 [USEMAP] 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 16 [USEMAP] Ombudsmen European ombudsman – Code of Good Administrative Behavior, Public Service Principles Czech Ombudsman – Ten Commandments of the Good Administration 17 [USEMAP] Legality Equality Integrity Objectivity Fairness Courtesy Transparency Liability 18 [USEMAP] Adobe Systems Transparency of Public Administration, Personal Data Protection. Anna Chamráthová Richterová [USEMAP] 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 performer 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 [USEMAP] 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 [USEMAP] 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 [USEMAP] Register of contracts Act no. 340/2015 Public Bodies Duty to publish contracts which subject is to pay an amount hogher than 50.000CZK Publishing = condition for the contracts to be in force [USEMAP] 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 24 [USEMAP] Personal Data Protection The Personal Data Processing Act 2019 (No. 110/2019 Coll.) + GDPR Confidentiality of public officials The Office for Personal Data Protection 25 [USEMAP]