41 CFR 102-80.90 - Is the Fire Administration Authorization Act of 1992 (Public Law 102-522) relevant to fire...

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Is the Fire Administration Authorization Act of 1992 (Public Law 102-522) relevant to fire protection engineering? 102-80.90 Section 102-80.90 Public Contracts and Property Management Federal Property Management Regulations System...

THE DECISIONAL TRANSPARENCY IN PUBLIC ADMINISTRATION

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OCTAVIA MARIA CILIBIU

2011-04-01

Full Text Available The principle of decisional transparency is one of the principles of good administration, fundamental principles of public administration and it is enshrined in the law of many European Union member states, including our country. In their work the public authorities must show transparency reflected by the active involvement of citizens in administrative decision as its primary beneficiary. The citizen information, consultation and his stimulation to participate actively in the elaboration of draft normative acts for their preparation and before that by bringing them to public knowledge, are tasks of the public authorities which exceed the limit of the obligations imposed by internal rules and are significant efforts to modernize the public administration and rallying to the administrative structures.

The Termination of Administrative Contracts in the Romanian and French Law

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Cătălin-Silviu SĂRARU

2011-11-01

Full Text Available The overall objective of this paper is to present a topic of great interest for the present activity of the public administration that emphasizes the contractual procedures as a vital aspect of entrepreneurial governance. Thus, this article is devoted to a summary of the results of an exploratory research on the conditions for termination of administrative contracts. This study analyzed the conditions under which the administrative contracts can be terminated in the Romanian and French law. The analysis using the comparative method based on a descriptive documentary research, emphasizing the particularities of termination in administrative law in relation to private law. The research is finally recovered by „de lege ferenda” proposals which should, in our opinion, to be reflected in future of the Romanian Administrative Procedure Code. The study is first research in this field in Romania and respond to concrete problems arising in the practice of public administration. The work will have significant implications and for researchers of the administrative phenomenon that in future studies will deepen the problems analyzed here. The work captures doctrinal opinions expressed in comparative law and comes with new legal reasoning to support the research for the juridical institution of the administrative contracts termination.

Administrative law risks of the governmental and municipal procurement system

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Dyuzhikov Sergey, A.

2015-09-01

Full Text Available The paper deals with the administrative law risks of the Russian system of public procurement. The authors analyze the foregoing risks in the view of the correlation of risk situations, risk actions (omission and administrative law prohibitions. The authors are considering problems of the subject and some other characteristics essential to the administrative offenses in terms of the most systemic risk in this sphere – an information risk. The materials on law practice open to general use generated in more than 25 entities of the Russian Federation were used in the paper while preparing.

5 CFR 2421.9 - Administrative Law Judge.

Science.gov (United States)

2010-01-01

... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section...

Chronicle 1998, Administrative law/Droit administratif

NARCIS (Netherlands)

Bok, A.J.

1999-01-01

In this contribution, two recent developments in Dutch administrative law are discussed. The codification of administrative law in a General Administrative Law Act (1994) has contributed much to this field of law, but has also caused additional legal complications for the administration. In 1997 the

THE TOPICALITY AND THE IMPORTANCE OF THE ADMINISTRATIVE AGREEMENT WITHIN THE ROMANIAN LAW

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Elena Emilia ŞTEFAN

2014-05-01

Full Text Available The administrative agreement as a legal institution challenged a series of controversies within the legal literature. Nowadays, we observe that the activity of the public administration authorities also includes this legal category, so that we can assert that it has an increasingly share in areas such as delegation of public utilities services, public acquisitions, transport and others. Romanian legislation in the field of administrative law stands out through the lack of codification, which complicates such a scientific approach having as scope the analysis of the administrative agreements, similar to the civil law, for example. As we shall prove in this analysis, administrative agreements are distinguished by the rule of the priority of the public interest as against the contractual freedom.

NAICS Sector 92: Public Administration

Science.gov (United States)

Find the public administration industries EPA regulations affect, with their North American Industry Classification System (NAICS) code. On those pages you can find a list of laws and regulations that affect your industry as well as compliance information

22 CFR 128.2 - Administrative Law Judge.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Administrative Law Judge. 128.2 Section 128.2... § 128.2 Administrative Law Judge. The Administrative Law Judge referred to in this part is an Administrative Law Judge appointed by the Department of State. The Administrative Law Judge is authorized to...

The public relations in the public administration of the Republic of Srpska

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Vranješ Nevenko

2016-01-01

Full Text Available The Public administration the Republic of Srpska is finally becoming a service to the citizens and businesses as an instrument which meets their needs. Even though some inequalities still exist in communication between public and administration, there is an opinion in the world today that the public has a right to be informed about all activities of funded subjects including the state administration. The Transparency of conducting administrative activities is regulated by law and it is also a subject of reforms, especially on the way to achieve a modern administration and European integration. The aim of this paper is to describe the system of the Public Relations in the Public administration of the Republic of Srpska. The authors of the paper discuss about theoretical importance of public relations, with special emphasis on the process of the legal access to information in the Republic of Srpska and current organizational capacities of the communication with public in the state administration of the Republic of Srpska.

49 CFR 386.54 - Administrative Law Judge.

Science.gov (United States)

2010-10-01

... 49 Transportation 5 2010-10-01 2010-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...

Administration of the Radiation Control for Health and Safety Act of 1968, Public Law 90-602, April 1, 1975. Annual report, Jan--Dec 1974

International Nuclear Information System (INIS)

1974-01-01

The Secretary of Health, Education, and Welfare is required, Subpart 3, Section 2, Part F of Title III of the Public Health Service Act; 42 USC et seq. (Public Law 90-602), to submit an annual report to the President for transmittal to the Congress on or before April 1 on the adminstration of the Radiation Control for Health and Safety Act. The detailed information required to be included in the report is outlined in Section 360D of Public Law 90-602. The Food and Drug Administration, through its Bureau of Radiological Health, has been delegated the authority for the day-to-day administration of the Act. This report covers the detailed operation of the Agency in carrying out that responsibility for calendar year 1974

Linking Public Administration and Law Studies within European Union

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Mihaela V. Cărăuşan

2012-05-01

Full Text Available The year 1987 represented for us, scholars, the turning point for the Europeanization of highdegree studies. The European Region Action Scheme for the Mobility of University Students (ERASMUS isa European Union student exchange program which has proved its utility in the last two decade. The publicadministration and law studies are two of the fields of studies which have benefited from the ERASMUSProgramme. In this respect we will try to learn the lesson of internationalization from the European contactthrough ERASMUS programme. The ‘win win’ for students is not just in the increase of knowledge in thearea of administrative sciences and law, but also in the share of cultures. The ERASMUS gives students abetter sense of what it means to be a European citizen. In addition, many employers highly value such aperiod abroad, which increases the students’ employability and job prospects.

At the Intersection between Expropriation Law and Administrative Law: Two Critical Views on the Constitutional Court's Arun Judgment

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Ernst Jacobus Marais

2016-08-01

Full Text Available In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence be compensated for the "expropriation" of such excess land if the provision is to comply with section 25(2 of the Constitution. This ruling is problematic for both expropriation law and administrative law. In terms of section 25(2 four objections may be raised against the Arun decision. Firstly, it disregards the function of the public interest requirement for expropriation, as understood in view of the law-of-general-application requirement (which, in turn, is informed by the legality principle. The state cannot expropriate property for purposes that are ultra vires (or ulterior to the authorising legislation. Yet the Arun court seems to allow just this by permitting the local authority to acquire land unrelated to the normal need of the development against payment of compensation instead of setting the attempted expropriation aside. The judgment, secondly, ignores the role of compensation under section 25(2. Merely paying compensation to an affected party cannot turn an invalid expropriation into a valid one, since compensation is merely the result of a valid expropriation and not a justification for it. Thirdly, it makes the distinction between deprivation and expropriation pivot on the effect of the property limitation, which is unable to properly distinguish between these two forms of limitation in all instances. Finally, Moseneke DCJ's ruling seems to afford an election to litigants who are affected by materially defective expropriations to choose whether to accept the expropriation and claim compensation or to have it reviewed and set aside under PAJA. This election, if it indeed exists, subverts the principles of expropriation law

29 CFR 457.17 - Administrative Law Judge.

Science.gov (United States)

2010-07-01

... Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7120 or 22 U.S.C. 4117 as implemented by... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 457.17 Section 457.17 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.17 Administrative Law Judge. Administrative Law...

Supporting Public Administration with an Integrated BPR Environment

Science.gov (United States)

Ciaghi, Aaron; Villafiorita, Adolfo; Weldemariam, Komminist; Mattioli, Andrea; Phan, Quoc-Sang

The definition or redesign of Public Administration (PA) procedures is particularly challenging. This is, for example, due to the requirement of cooperation of different organizational units and actors, different laws and procedures for the production of several artifacts, and maintaining traceability while integrating processes with new laws.

Socio-Statistical Research on the Internalization of European Administrative Space Principles in the Romanian Public Administration

OpenAIRE

Matei, Ani; Matei, Lucica; Iancu, Diana-Camelia

2011-01-01

The authors propose an analysis of the public administration reform in Romania by assessing whether the Romanian civil servants perform their duties according to the regulations of the European Administrative Space. The paper offers a socio-statistic perspective on the internalization of the European Administrative Space principles, namely, the rule of law, openness towards citizens, and public administration responsibility in a Romanian context, after the European Union accession. Designed w...

22 CFR 1421.8 - Administrative law judge.

Science.gov (United States)

2010-04-01

... Law Judge to conduct a hearing in cases under 22 U.S.C. 4115, and such other matters as may be... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Administrative law judge. 1421.8 Section 1421.8... TERMS AS USED IN THIS SUBCHAPTER § 1421.8 Administrative law judge. Administrative law judge means the...

NOTES ON ADMINISTRATIVE LAW: THE AMERICAN ...

African Journals Online (AJOL)

eliasn

The US does not have courts specializing in administrative law disputes. Ordinary ... The US Constitution is supreme in relation to any other law. Because of ..... administrative law, social and economic progress promoted by legislation was opposed ... Atiyah, P. S. & Summers, Robert S. (1987), Form and substance in Anglo.

Autism Spectrum Disorder and New Jersey Administrative Law Decisions: An Analysis of Case Law Involving Public School Students

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Barcadepone, Michael J.

2012-01-01

The purpose of this case study was to investigate existing New Jersey case law for the special education population classified as Autism Spectrum Disorder (ASD) and analyze New Jersey Administrative Law Judge (ALJ) decisions to identify why districts win or lose cases, adding to the limited body of research in New Jersey. In addition, the purpose…

A proposal for amending administrative law to facilitate adaptive management

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Craig, Robin K.; Ruhl, J.B.; Brown, Eleanor D.; Williams, Byron K.

2017-01-01

In this article we examine how federal agencies use adaptive management. In order for federal agencies to implement adaptive management more successfully, administrative law must adapt to adaptive management, and we propose changes in administrative law that will help to steer the current process out of a dead end. Adaptive management is a form of structured decision making that is widely used in natural resources management. It involves specific steps integrated in an iterative process for adjusting management actions as new information becomes available. Theoretical requirements for adaptive management notwithstanding, federal agency decision making is subject to the requirements of the federal Administrative Procedure Act, and state agencies are subject to the states' parallel statutes. We argue that conventional administrative law has unnecessarily shackled effective use of adaptive management. We show that through a specialized 'adaptive management track' of administrative procedures, the core values of administrative law—especially public participation, judicial review, and finality— can be implemented in ways that allow for more effective adaptive management. We present and explain draft model legislation (the Model Adaptive Management Procedure Act) that would create such a track for the specific types of agency decision making that could benefit from adaptive management.

Values in global administrative law [essays in honour of Spyridon Flogaitis and Gérard Timsit

CERN Document Server

2011-01-01

Global administrative law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. Focusing in particular on the search for accountability and legitimacy, it carries with it: testing questions about democracy in post-Westphalian society; the meaning of ideas of "publicness" and "public good;" and the global relevance of values that include due process, equality, and fundamental rights. These, and other issues, are key to critiquing the form of governance that now envelops the globe. This collection of essays brings together leading public law scholars who are working in the field of global administrative law. Based on papers presented at a workshop held at Sciences-Po in Paris in late 2008, it addresses past and future challenges related to global governance. Eac...

31 CFR 10.70 - Administrative Law Judge.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 10.70... INTERNAL REVENUE SERVICE Rules Applicable to Disciplinary Proceedings § 10.70 Administrative Law Judge. (a..., firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed as...

TRANSNATIONAL AND COMPARATIVE ADMINISTRATIVE LAW: PAPERS FROM THE SIXTH ADMINISTRATIVE LAW DISCUSSION FORUM, QUÉBEC CITY

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Russell Weaver

2010-10-01

Full Text Available On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum. These discussion fora, which have become an international academic success, have been held in a variety of venues in North America and Europe since the early 1990s. They are an initiative of Russell Weaver, Professor of Law & Distinguished University Scholar at the University of Louisville. The fora provide an opportunity for thoughtful exchange among administrative law academics on contemporary issues that cut across national borders.

14 CFR 302.17 - Administrative law judges.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Administrative law judges. 302.17 Section... Evidentiary Hearing Proceedings § 302.17 Administrative law judges. (a) Powers and delegation of authority. (1) An administrative law judge shall have the following powers, in addition to any others specified in...

31 CFR 8.62 - Administrative Law Judge.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 8.62... BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Disciplinary Proceedings § 8.62 Administrative Law Judge. (a) Appointment. An Administrative Law Judge, appointed as provided by 5 U.S.C. 3105, shall conduct proceedings...

Public Administration Education in Europe: In Need of Convergence and Europeanization?

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Theo A.J. TOONEN

1999-01-01

Full Text Available The study of governance and public administration has a long history in the European context. On the European continent there is an ancient concern with the study of public administration. The institutionalisation of Public Administration as an academic field is more recent. As an independent and integrated field of study of its own, Public Administration is a relatively young academic discipline. Elements of what are now interdisciplinary academic programmes in Public Administration have been taught for many years (especially administrative Law. The study of the subjectmatter – government activity, governance, the administrative process, public policies – may be traced back for centuries. Public Administration as an independent, integrated discipline amounting tot full academic degree programmes has become institutionalised and developed only during the last four decades.

75 FR 25311 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-05-07

.... ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws... Gurland, Secretary, Maritime Adminstration. [FR Doc. 2010-10903 Filed 5-6-10; 8:45 am] BILLING CODE 4910...

A proposal for amending administrative law to facilitate adaptive management

Science.gov (United States)

Craig, Robin K.; Ruhl, J. B.; Brown, Eleanor D.; Williams, Byron K.

2017-07-01

In this article we examine how federal agencies use adaptive management. In order for federal agencies to implement adaptive management more successfully, administrative law must adapt to adaptive management, and we propose changes in administrative law that will help to steer the current process out of a dead end. Adaptive management is a form of structured decision making that is widely used in natural resources management. It involves specific steps integrated in an iterative process for adjusting management actions as new information becomes available. Theoretical requirements for adaptive management notwithstanding, federal agency decision making is subject to the requirements of the federal Administrative Procedure Act, and state agencies are subject to the states’ parallel statutes. We argue that conventional administrative law has unnecessarily shackled effective use of adaptive management. We show that through a specialized ‘adaptive management track’ of administrative procedures, the core values of administrative law—especially public participation, judicial review, and finality— can be implemented in ways that allow for more effective adaptive management. We present and explain draft model legislation (the Model Adaptive Management Procedure Act) that would create such a track for the specific types of agency decision making that could benefit from adaptive management.

The Essence and Structure of Masters' of Public Administration Core Competencies in the USA

Science.gov (United States)

Shevchenko, Alina

2016-01-01

The article deals with revealing the essence and structure of Masters' of Public Administration professional training in the USA. It has been concluded that Public Administration studies the realization of government policies and trains future public administrators for professional activity; is guided by political science and administrative law;…

CITY MANAGER VS PUBLIC ADMINISTRATOR IN THE CURRENT ECONOMIC AND SOCIAL DEVELOPMENT

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PETRISOR Mihai Bogdan

2012-12-01

Full Text Available Romanian public administration modernization is a key objective of governments declared that they have succeeded in recent years. An example is the project run by CUPAR to promote public administrator function, d epending institutionalized by Law 286/2006. Inspired by the American model of city manager (this being the original name of the function, it aims to increase professionalism in the local government of Romania and to ensure separation of the political admi nistrative landing. City Manager is a professional administration and is the leader of this team. Personality and his professional interests have a major impact on the locality. The role of city managers all Americans are to help local authorities to impro ve services provided to citizens. The success or failure of a city manager bases on developing a close working relationship with the mayor and city council members. Often, their concerns have priority and the city manager must continuously inform on all is sues of interest. American counterpart city manager, if one may say that, in the Romanian administrative system is the public administrator. Function was introduced by Law 286/2006 amending the Law on Local Public Administration, 215/2001. The main duties of public administrators in Romania are: exercise main credit quality, coordination of various public services, direct relations with the public (audience, addressing petitions. Media relations, relations with non - governmental organizations, writing proje cts with extra - budgetary funding. A comparison of the two administrative functions considered appropriate given that too many times in Romania, and here are considered only issues concerning the public sphere were adopted techniques, methods, practices con sidered successful, the West without accommodate the local environment, techniques, in many cases failed to achieve its objectives or even causing an adverse effect.

31 CFR 15.737-19 - Administrative Law Judge.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 15.737-19... CONFLICT OF INTEREST Administrative Enforcement Proceedings § 15.737-19 Administrative Law Judge. (a) Appointment. An Administrative Law Judge appointed as provided by 5 U.S.C. 3105 (1966), shall conduct...

The Whys and Hows of Certification. Public Librarian Certification Law.

Science.gov (United States)

Wisconsin State Dept. of Public Instruction, Madison. Div. of Library Services.

Under Wisconsin state law (Administrative Code P1-6.03) any librarian employed in a public library system or any municipal public library, except in a city of the first class, supported in whole or in part by public funds, must hold state certification. Qualifications are delineated for three grades of certification: grade 1, for public libraries…

Behavioral Public Administration:Combining Insights from Public Administration and Psychology

OpenAIRE

Grimmelikhuijsen, Stephan; Jilke, Sebastian; Olsen, Asmus Leth; Tummers, Lars

2017-01-01

We propose behavioral public administration as a designated subfield in public administration which explicitly deals with the integration of theories and methods from psychology into the study of public administration. We discuss how scholars in public administration currently draw on both methodological and theoretical innovations in psychology and point to research questions in public administration which could benefit from further integration. Behavioral public administration cannot, and s...

Administrative prejudgment in the Russian criminal law

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Akhat Akhnafovich Yunusov

2015-03-01

Full Text Available Objective basing on the research of formation and development of the administrative prejudgment in the Russian criminal law and comparativelegal analysis of this institution as well as the longterm experience in crime investigation to trace the problems and trends of administrative prejudgment and prove the necessity to introduce or to be more precise legalize the administrative prejudgment in the Russian criminal law. Methods the research is based on the general dialectic method of cognition comparative historical formaljuridical methods as well as special and privatelegal methods of research. Results analysis of the main problems and collisions of administrative prejudgment in the Russian criminal law the doctrine and the practice of implementation of this institution can become the basis for legalization of the administrative prejudgment in the Russian criminal law and implementing it for the crimes stipulated in the Special part of the Russian Criminal Code if they are of low or middle gravity and committed intentionally those most often occurred. The article studies the institution of the administrative prejudgment in the Russian criminal law since 1922 until present. Various researchersrsquo opinions are given for and against returning of this institution. Taking into account the criminological indicators the authors express their own opinion on legalization of the administrative prejudgment. Scientific novelty having abandoned the formal approach to the institution of the administrative prejudgment both in the Russian criminal law and in the foreign laws the authors believe that the criminal personality should be the central factor of the administrative prejudgment legalization. In this context the authors state the direct connection between the personal features of a criminal including their inclination to immoral and illegal behavior and the crime committed by them. Practical value the theoretical conclusions formulated in the research

49 CFR 1503.607 - Administrative law judges.

Science.gov (United States)

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Administrative law judges. 1503.607 Section 1503... PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers of...) Administer oaths and affirmations. (4) Issue subpoenas authorized by law. (5) Rule on offers of proof. (6...

Questions concerning constitutional law - Laender administration on behalf of the Federal Government

International Nuclear Information System (INIS)

Badura, P.

1991-01-01

The lecture deals with the interpretation of regulations on competence and organisation in the federal system the Laender administration on behalf of the Federal Government and the federal principles governing the formation of state - the legal relationship between the Federation and the Laender; the competence of the supreme federal authority for subject matters in executing federal law on behalf of the Federal Government. The following concluding statement is given: While extensive, the scope of the Federal Government in influencing the execution of federal law through the Laender in the case of the Laender administration on behalf of the Federal Government has its limits both in law and practice. In the case of atomic energy administration this situation may appear as an execution deficit from the point of view of the Federal Government. If at all desirable, redress is only conceivable via an amendment to Paragraph 85 of the Basic Law or to the specific constitutional regulations - possibly in the strengthening of the Federation through the instruments of Paragraph 85 of the Basic Law: authorization of the supreme federal authority to execute the federal law if there is an urgent public interest in this. (orig./HSCH) [de

QUALITY ORIENTED ORGANIZATIONAL CULTURE IN PUBLIC ADMINISTRATION

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TÜNDE SZABÓ

2013-02-01

Full Text Available Total Quality Management is an attractive philosophy and its implementation involves many difficulties.Implementation of total quality management requires a profound transformation of the organization so that theappearance of strong resistance is inevitable. For this reason, it is necessary to consider the huge effort that isrequired to resolve difficulties that appear in this process.Total quality management is based on knowing the stage of organization and its environment and throughcontinuous improvement for it to try to reach excellence.It is well known that the implementation of quality management systems depends on the specifics of eachorganization. Functions performed, defining features, characteristics of public administration systems, rigidity givenby the multitude of laws make it difficult to implement quality management systems, on the one hand and on the otherhand, these difficulties are given from the specific service.The introduction of total quality management in public administration cannot and should not present a radicalreform of it. Public administration, like any other public or private organization, can be improved. In essence, thepractice of recent years shows that the model Total Quality Management in public administration allowsimprovements, but it only with an appropriate organizational culture.

41 CFR 60-30.15 - Authority and responsibilities of Administrative Law Judges.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true Authority and responsibilities of Administrative Law Judges. 60-30.15 Section 60-30.15 Public Contracts and Property Management... record documentary or other evidence; (h) Receive, rule on, exclude, or limit evidence and limit lines of...

29 CFR 101.11 - Administrative law judge's decision.

Science.gov (United States)

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision. 101.11 Section 101.11... Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases § 101.11 Administrative law judge's decision. (a) At the conclusion of the hearing the administrative law judge prepares a...

5 CFR 1201.142 - Actions filed by administrative law judges.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Actions filed by administrative law... AND PROCEDURES PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Actions Against Administrative Law Judges § 1201.142 Actions filed by administrative law judges. An administrative law judge who...

Contracts in Public Administration

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Agnieszka GRZESIOK-HOROSZ

2011-03-01

Full Text Available Objectives: The present makes a contribution to the discussion on contracts in administration under Polish law. It concentrates on theoretical issues, but ones of considerable practical significance. Prior Work though relatively poorly explored, field. This paper is a result of academic considerations on the classical institution of civil law, namely a bilateral juridical act significance of this area may be demonstrated by the fact that one scientific conference and a collection of papers have been devoted to contracts in administration. as research method, the analysis of jurisprudence and doctrinal writings referring to law currently in force. The paper discusses as well the draft of the administrative law, and includes comparative remarks. put forward certain comments pertainin legislation. The authors formulate as well outline theses interesting but complicated matters. As a voice in the doctrinal dispute it can als useful for law students. Value composition. Starting from gener the binding law and proposed amendments. The functioning in foreign countries and proposals of regulatory solutions.

29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

Science.gov (United States)

2010-07-01

..., the judge (or the Board) will decide the case or make other disposition of it. (10) To make and file... 29 Labor 2 2010-07-01 2010-07-01 false Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges...

Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

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Salma Jožef

2012-01-01

Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

Comparative Administrative Law: Outlining a Field of Study

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Susan Rose-Ackerman

2010-10-01

Full Text Available Comparative administrative law is emerging as a distinct field of inquiry after a period of neglect. To demonstrate this claim, the authors summarize their edited volume on the topic – a collection that aims to stimulate research across legal systems and scholarly disciplines. After a set of historical reflections, the authors consider key topics at the intersection of administrative and constitutional law, including the contested issue of administrative independence. Two further sections highlight tensions between expertise and accountability, drawing insights from economics and political science. The essay then considers the changing boundaries of the administrative state – both the public–private distinction and the links between domestic and transnational regulatory bodies, such as the European Union. The essay concludes with reflections on a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of public authority. Le droit administratif comparé est en train de se manifester comme domaine d’étude distinct suite à une période pendant laquelle il a été négligé. Pour démontrer cette affirmation, les auteurs présentent un sommaire du volume à ce sujet dont ils dirigent la publication – une collection qui vise à stimuler la recherche au sein de divers systèmes juridiques et diverses disciplines d’érudition. Après une série de réflexions historiques, les auteurs traitent de questions–clés qui relèvent en même temps du droit administratif et du droit constitutionnel, y compris la question controversée de l’indépendance administrative. Deux autres sections mettent en lumière des tensions entre l’expertise et l’obligation de rendre compte, puisant dans les sciences économique et politique. L’article traite ensuite des limites changeantes de l’état administratif – d’une part, quant à la distinction public–privé et d�

Behavioral Public Administration

DEFF Research Database (Denmark)

Grimmelikhuijsen, Stephan; Jilke, Sebastian; Olsen, Asmus Leth

2017-01-01

on theories and methods from psychology and related fields and point to research in public administration that could benefit from further integration. An analysis of public administration topics through a psychological lens can be useful to confirm, add nuance to, or extend classical public administration...... theories. As such, behavioral public administration complements traditional public administration. Furthermore, it could be a two-way street for psychologists who want to test the external validity of their theories in a political-administrative setting. Finally, four principles are proposed to narrow......Behavioral public administration is the analysis of public administration from the micro-level perspective of individual behavior and attitudes by drawing on insights from psychology on the behavior of individuals and groups. The authors discuss how scholars in public administration currently draw...

5 CFR 1201.125 - Administrative law judge.

Science.gov (United States)

2010-01-01

... PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... complaint seeking disciplinary action against a Federal or District of Columbia government employee for a...

20 CFR 404.944 - Administrative law judge hearing procedures-general.

Science.gov (United States)

2010-04-01

... order to receive new and material evidence. The administrative law judge may decide when the evidence... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... Determinations and Decisions Administrative Law Judge Hearing Procedures § 404.944 Administrative law judge...

43 CFR 4.452-8 - Findings and conclusions; decision by administrative law judge; submission to Board for decision.

Science.gov (United States)

2010-10-01

... after the time allowed for presenting proposed findings and conclusions, the administrative law judge... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Findings and conclusions; decision by... Findings and conclusions; decision by administrative law judge; submission to Board for decision. (a) At...

77 FR 31432 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PASSION; Invitation for...

Science.gov (United States)

2012-05-25

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0062] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PASSION; Invitation for Public Comments AGENCY... PASSION is: Intended Commercial Use of Vessel: ``Bareboat chartering, sailing classes.'' Geographic Region...

76 FR 75948 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHRYSALIS; Invitation for...

Science.gov (United States)

2011-12-05

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011 0149] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHRYSALIS; Invitation for Public Comments AGENCY... CHRYSALIS is: Intended Commercial Use of Vessel: ``Weekly charter vessel.'' Geographic Region: ``Florida...

Law of partial reform of the Organic Law of the Central Administration, 11 December 1986.

Science.gov (United States)

1988-01-01

This document contains the provisions of Venezuela's 1986 Law of Partial Reform of the Organic Law of the Central Administration which sets out the activities of the newly created Ministry of the Family. The duties of the Ministry include protecting the family as a basic cell of society, protecting marriage, facilitating the acquisition of decent housing, formulating and directing state family policy, creating a General Plan for Social Development and Protection for the family, coordinating public sector programs directed towards the family, promoting the decentralization of family programs, formulating and promoting plans and programs to assist the family, advising in the creation of family-related public documents, overseeing the enforcement of legal provisions, conducting research and collecting data on family problems, promoting and executing training programs for family service personnel, and encouraging the formation of private sector programs to benefit the family.

78 FR 39061 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MISTRESS MALLIKA; Invitation...

Science.gov (United States)

2013-06-28

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0076] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MISTRESS MALLIKA; Invitation for Public Comments AGENCY... MISTRESS MALLIKA is: Intended Commercial Use Of Vessel: ``Pleasure Charters''. Geographic Region: Rhode...

16 CFR 0.14 - Office of Administrative Law Judges.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Office of Administrative Law Judges. 0.14 Section 0.14 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE ORGANIZATION § 0.14 Office of Administrative Law Judges. Administrative law judges are officials to whom the...

78 FR 46410 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel IMPOSSIBLE DREAM; Invitation...

Science.gov (United States)

2013-07-31

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0084] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel IMPOSSIBLE DREAM; Invitation for Public Comments AGENCY... of the vessel IMPOSSIBLE DREAM is: Intended Commercial Use of Vessel: ``Day, Multiple Day, Week...

The incorporation of public international law into municipal law and ...

African Journals Online (AJOL)

Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

76 FR 75949 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PANGAEA; Invitation for...

Science.gov (United States)

2011-12-05

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011 0150] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PANGAEA; Invitation for Public Comments AGENCY... PANGAEA is: Intended Commercial Use of Vessel: ``We would like to offer Pangaea for day [[Page 75950...

Federal Administrative Court on priorities between water law and nuclear law procedures

International Nuclear Information System (INIS)

Anon.

1980-01-01

With its decision of November 22, 1979 - BVerwG 4 B 162/79 -, the Federal Administration Court, at the expense of the plaintiff, has judged against a Bremen resident who had lodged a complained against the non-admission of an appeal in a partial verdict by the Lueneburg Higher Administrative Court concerning licenses under water law for Kernkraftwerk Unterweser. The value in litigation for the complaint procedure was set at DM 5000,-. In its partial verdict of February 12, 1979 - VII OVG A 113/77 - the Lueneburg Higher Administrative Court had decided that the plaintiff's rights are not infringed by the administrative steps under water law taken by the defendant district, and that pleas under nuclear law cannot be entered in the present procedure. The Federal Administrative Court was of the same opinion. The reasons for its decision are given in full wording. (orig./HP) 891 HP/orig.- 892 CKA [de

Behavioral Public Administration : Combining Insights from Public Administration and Psychology

NARCIS (Netherlands)

Grimmelikhuijsen, S.G.|info:eu-repo/dai/nl/313875405; Jilke, Sebastian; Leth Olsen, Asmus; Tummers, L.G.|info:eu-repo/dai/nl/341028274

2016-01-01

Behavioral public administration is the analysis of public administration from the micro-perspective of individual behavior and attitudes by drawing upon insights from psychology on behavior of individuals and groups. We discuss how scholars in public administration currently draw on theories and

Administrative Law in the Andean Community of Nations

Directory of Open Access Journals (Sweden)

Jorge Enrique Santos Rodríguez

2013-12-01

Full Text Available One of the contemporary tendencies of Administrative Law is the recognition of its existence beyond the borders of a State. Under such premise, this paper aims to demonstrate that in the Andean Community of Nations sufficient elements to consider the existence of an Andean administrative Law. In the Andean statutes and rules, it is possible to identify an administrative function, as well as an administrative organization inside the Andean Integration System; and a system of Andean administrative rules and an administrative justice system.

20 CFR 658.710 - Decision of the Administrative Law Judge.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Decision of the Administrative Law Judge. 658... Agencies § 658.710 Decision of the Administrative Law Judge. (a) The Administrative Law Judge shall have jurisdiction to decide all issues of fact and related issues of law and to grant or deny appropriate motions...

43 CFR 4.477 - Findings of fact and decision by administrative law judge: Notice; submission to Board of Land...

Science.gov (United States)

2010-10-01

... presenting proposed findings and conclusions, the administrative law judge shall make findings of fact and... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Findings of fact and decision by... Grazing Districts) § 4.477 Findings of fact and decision by administrative law judge: Notice; submission...

76 FR 79764 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DREAM CATCHER; Invitation for...

Science.gov (United States)

2011-12-22

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011-0156] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DREAM CATCHER; Invitation for Public Comments AGENCY... DREAM CATCHER is: INTENDED COMMERCIAL USE OF VESSEL: ``Passenger charter.'' GEOGRAPHIC REGION: ``Georgia...

78 FR 19066 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MI CASA; Invitation for...

Science.gov (United States)

2013-03-28

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0035] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MI CASA; Invitation for Public Comments AGENCY... CASA is: Intended Commercial Use of Vessel: Passenger charters. Geographic Region: Massachusetts, New...

77 FR 35743 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND CHANCE; Invitation for...

Science.gov (United States)

2012-06-14

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0067] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND CHANCE; Invitation for Public Comments AGENCY... SECOND CHANCE is: Intended Commercial Use of Vessel: ``Small group charters.'' Geographic Region...

77 FR 20100 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NORDIC STAR; Invitation for...

Science.gov (United States)

2012-04-03

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012 0039] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NORDIC STAR; Invitation for Public Comments AGENCY... NORDIC STAR is: Intended Commercial Use of Vessel: ``Sailing excursions and extended charters...

ADMINISTRATIVE CONTRACTS. DELIMITATIONS

Directory of Open Access Journals (Sweden)

Liana Teodora PASCARIU

2016-12-01

Full Text Available Article examines whether all contracts of public persons are administrative contracts; in other words, if the administration may conclude contracts that, according to their legal nature, are not administrative. If we start from the definition of administrative contracts as it appears in Law no. 554/2004, these include contracts by public authorities which concern the enhancement of public property execution of works of public interest, public services, public procurement and other administrative contracts provided by special laws and subject to the jurisdiction of the administrative courts.

Commercial Law Reform in territories subject to International Administration. Kosovo & Iraq. Different standards of legitimacy and accountability?

Directory of Open Access Journals (Sweden)

Alejandro Carballo Leyda

2008-01-01

Full Text Available The paper will address questions of legality and accountability of the legislative functions exerted by international territorial administrations1 in the field of commercial law in two recent scenarios that are theoretically different: a UN-authorized mission under Chapter VII of the UN Chart and that of a strictly Occupying Power. No attempt will be made to study other important and interrelated issues, such as the problematic privatizations carried out in Kosovo and Iraq, which do not seem to be compatible with the obligation of administration of public assets (Art. 55 of the 1907 Hague Regulations.This paper will first provide a brief overview of the deep economic legislative reformation that took place in Iraq and Kosovo during the very early stages. Most of the scholar literature focused on criminal law and human rights aspects, leaving aside commercial law reforms; yet, those profound commercial reforms have resulted in a drastic economic transformation from a planned, centrally controlled, socialist system into a liberal, marketoriented, capitalist economy. The radical nature of those changes raises the question of their conformity with relevant international law and the need for public accountability.Part III will then explore the sources of legality invoked so far (namely UN Mandates, International Humanitarian Law, and authority invested by local intervention by the academic world, experts and intervening actors as basis for the commercial reformation in Kosovo and Iraq, and whether the actual results comply with the discretion vested in the temporal administrations by those sources. Finally, in Part IV problems of judicial review and public accountability in relation to the law-making function of those international administrations in Iraq and Kosovo will be considered.

78 FR 35091 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BAD INFLUENCE; Invitation for...

Science.gov (United States)

2013-06-11

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0072] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BAD INFLUENCE; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BAD...

77 FR 26818 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FREE SPIRIT; Invitation for...

Science.gov (United States)

2012-05-07

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012-0058] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FREE SPIRIT; Invitation for Public Comments AGENCY... SPIRIT is: Intended Commercial Use of Vessel: ``Day/overnight passenger passage. Depart and return same...

78 FR 42153 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COMPASS ROSE; Invitation for...

Science.gov (United States)

2013-07-15

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0081] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COMPASS ROSE; Invitation for Public Comments AGENCY... COMPASS ROSE is: Intended Commercial Use Of Vessel: ``Sailboat charters six passengers or less...

77 FR 16582 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KAMI KAY; Invitation for...

Science.gov (United States)

2012-03-21

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012-0033] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KAMI KAY; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel KAMI...

77 FR 58213 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ISLAND WATERS; Invitation for...

Science.gov (United States)

2012-09-19

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0095] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ISLAND WATERS; Invitation for Public Comments AGENCY... ISLAND WATERS is: Intended Commercial Use of Vessel: ``Charter to individuals in coastal waters...

78 FR 8698 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COOL BEANS; Invitation for...

Science.gov (United States)

2013-02-06

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0005] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COOL BEANS; Invitation for Public Comments AGENCY... BEANS is: Intended Commercial Use of Vessel: Sightseeing and sunset cruises. Geographic Region: Florida...

78 FR 35092 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEAR BOAT; Invitation for...

Science.gov (United States)

2013-06-11

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0069] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEAR BOAT; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BEAR...

76 FR 67253 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel THE GIFT; Invitation for...

Science.gov (United States)

2011-10-31

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0131] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel THE GIFT; Invitation for Public Comments AGENCY... GIFT is: INTENDED COMMERCIAL USE OF VESSEL: ``Passenger carrying.'' GEOGRAPHIC REGION: ``ME, NH, MA, RI...

76 FR 70216 - Requested Administrative Waiver of the Coastwise Trade Laws; Vessel REEL ATTITUDE; Invitation for...

Science.gov (United States)

2011-11-10

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011 0146] Requested Administrative Waiver of the Coastwise Trade Laws; Vessel REEL ATTITUDE; Invitation for Public Comments AGENCY... ATTITUDE is: Intended Commercial Use of Vessel: ``Fishing Charter passenger less than 6.'' Geographic...

Socio-Statistical Research on the Internalization of European Administrative Space Principles in the Romanian Public Administration

Directory of Open Access Journals (Sweden)

Diana-Camelia Iancu

2011-12-01

Full Text Available The authors propose an analysis of the public administration reform in Romania by assessing whether the Romanian civil servants perform their duties according to the regulations of the European Administrative Space. The paper offers a socio-statistic perspective on the internalization of the European Administrative Space principles, namely, the rule of law, openness towards citizens, and public administration responsibility in a Romanian context, after the European Union accession. Designed within the framework of modern theories of organizational sociology that see internalization as a process of organizational learning and change, and using a relevant sample of Romanian civil servants, the paper offers important and useful results for the future Romanian policies and strategies in an integrated European arena.

20 CFR 416.1444 - Administrative law judge hearing procedures-general.

Science.gov (United States)

2010-04-01

... in order to receive new and material evidence. The administrative law judge may decide when the... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 416.1444...

20 CFR 405.320 - Administrative law judge hearing procedures-general.

Science.gov (United States)

2010-04-01

...) Conduct of the hearing. The administrative law judge will decide the order in which the evidence will be... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.320...

From Public International to International Public Law: Translating World Public Opinion into International Public Authority

NARCIS (Netherlands)

von Bogdandy, A.; Goldmann, M.; Venzke, I.

This article argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should be better understood as international public law because it

A Study on the Legal Literacy of Urban Public School Administrators

Science.gov (United States)

Tie, Fatt Hee

2014-01-01

This study investigates the legal literacy of urban public school administrators in Malaysia. Data were collected from 109 school administrators. The instrument that was administered to the respondents comprised two parts: Part 1, the background information of the respondents; and Part 2, items on the law related to schools, such as teachers' duty…

75 FR 21000 - Draft Guidance for the Public, Food and Drug Administration Advisory Committee Members, and Food...

Science.gov (United States)

2010-04-22

...] (formerly Docket No. 02D-0049) Draft Guidance for the Public, Food and Drug Administration Advisory Committee Members, and Food and Drug Administration Staff: Public Availability of Advisory Committee Members... and Drug Administration Amendments Act of 2007, Public Law No. 110-85), and section 701 (21 U.S.C. 371...

77 FR 26819 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE PLANET; Invitation for...

Science.gov (United States)

2012-05-07

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012-0054] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE PLANET; Invitation for Public Comments AGENCY... PLANET is: Intended Commercial use of Vessel: ``Charter to Boy Scouts of America Florida Sea Base...

78 FR 25530 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE DOLPHIN; Invitation for...

Science.gov (United States)

2013-05-01

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE DOLPHIN; Invitation for Public Comments AGENCY... DOLPHIN is: Intended Commercial Use Of Vessel: ``Skippered daysailing in Puget Sound and San Juan Islands...

76 FR 67255 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KIWI CAT; Invitation for...

Science.gov (United States)

2011-10-31

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0135] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KIWI CAT; Invitation for Public Comments AGENCY... CAT is: INTENDED COMMERCIAL USE OF VESSEL: ``Small vessel 12 person chartering service for the San...

76 FR 76812 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BARBARY GHOST; Invitation for...

Science.gov (United States)

2011-12-08

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0148] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BARBARY GHOST; Invitation for Public Comments AGENCY... BARBARY GHOST is: Intended Commercial Use Of Vessel: ``Sightseeing tours in the San Francisco Bay for a...

78 FR 30961 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LITTLE DUTCH; Invitation for...

Science.gov (United States)

2013-05-23

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0057] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LITTLE DUTCH; Invitation for Public Comments AGENCY... LITTLE DUTCH is: Intended Commercial Use of Vessel: ``Carrying up to six passengers for day trips, sunset...

Illiberal or Simply Unorthodox? Public Administration Education in Hungary: A Comparative Perspective

Science.gov (United States)

Hajnal, Gyorgy

2016-01-01

Over the past decades, Public Administration (PA) education programmes in Europe shifted their focus from a predominantly law-oriented approach to a more multidisciplinary, social science and managerial one. This paper deals with the tenacity of traditional, law-oriented PA education programmes that can be found in a limited, but not…

Management Of Public Business And The Resolution Extrajudicial Of Conflicts In Face Of Public Administration Management

Directory of Open Access Journals (Sweden)

Lara Caxico Martins Miranda

2016-12-01

Full Text Available Withthe global socio-economiccrisis in the 1980s, therehasbeendiscussionaboutthe role ofthestate in the face ofpublic-privaterelationships. The criticismsofthe reality ofthe time, in Brazil, stands out theremnantsofpatrimonialistpublicadministrationandtheexcessesofbureaucracy. Bresser Pereira in theworks (1998, 2005, 2009, bringsstudiesonthepossibilitiesof Management PublicAdministration. Thisresearchistoconsidersuchgrounds in the face ofthecurrentpossibilitiesof management ofconflicts, in publicaffairs, non-judicial waysofarbitration (Law 9.307/96 and 13.129/15 andselfcomposition (Law 13.140/15.

MEASUREMENT OF ORGANIZATIONAL CULTURE IN PUBLIC ADMINISTRATION: CASE STUDY OF 5 MUNICIPALITIES IN BOSNIA AND HERZEGOVINA

OpenAIRE

Sabahudin Jašarević; Džeraldina Miličević; Safet Brdarević; Samir Lemeš

2017-01-01

Public administration is classified into a specific organizational form that follows the development of all civilizations. Today, more than ever, we deal with creating a new model of public administration. The reform of public administration intends to achieve the model adjusted to the needs of society, based on lawful solutions, and real conditions. The EU integration process puts a pressure on public administration to deliver better service, with more and more demands to increase the skills...

HUD Administrative Law Judges Decisions

Data.gov (United States)

Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

Public-law contracts as the basis for the creation, modification and termination of legal relationships, taking account of tax law

Directory of Open Access Journals (Sweden)

Jörg Pudelka

2017-12-01

Full Text Available According to German legislation, which complies with the legislation of a large number of European and post-Soviet countries, the administrative procedure can be concluded with two different results. In most of cases, administrative actions will be aimed at adopting an administrative act. This is a centralized form of public administration, with which direct rights are justified, modified or discontinued. So, for example, the abstract right to a constitutionally protected property guarantees that a person is allowed to build on the territory that belongs to him (so-called "freedom of construction" is made by a way of passing an administrative act, named a building permit. Only this building permit gives concrete right for the construction of a particular building (according to the submitted architectural documents. Thus, the law on construction can be applied only by issuing a building permit, as well as can be canceled by canceling the construction permit or changing its contents. The second form of administration that can be used to conclude an administrative procedure in accordance with Article 9 of the law is a public contract. In practice, this is much less common in comparison with an administrative act and is not indisputable in general as a tool of government action.

The review of constitutional norms concerning local public administration in the view of the European Commission for Democracy through Law (Venice Commission)

OpenAIRE

Apostolache, Mihai

2015-01-01

The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The article analyzes the recommendations of the Venice Commission regarding the proposed changes to the constitutional norms governing local public administration, comprising some general aspects concern...

29 CFR 6.19 - Decision of the Administrative Law Judge.

Science.gov (United States)

2010-07-01

... Contracts Subject to the Service Contract Act) § 6.19 Decision of the Administrative Law Judge. (a) Proposed... presented on the record. The decision of the Administrative Law Judge shall be based upon a consideration of... respondent is found to have violated the Service Contract Act, the Administrative Law Judge shall include in...

20 CFR 405.325 - Issues before an administrative law judge.

Science.gov (United States)

2010-04-01

..., before deciding the issue, provides you an opportunity to address it. The administrative law judge or any... Act, we already may have decided a fact that is an issue before the administrative law judge. If this... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Issues before an administrative law judge...

20 CFR 416.1452 - Consolidated hearings before an administrative law judge.

Science.gov (United States)

2010-04-01

... are involved in another claim you have pending before us. (2) If the administrative law judge decides... administrative law judge. 416.1452 Section 416.1452 Employees' Benefits SOCIAL SECURITY ADMINISTRATION..., and Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 416.1452...

20 CFR 405.365 - Consolidated hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

... before us. (2) If the administrative law judge consolidates the claims, he or she will decide both claims... law judge. 405.365 Section 405.365 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.365...

13 CFR 134.404 - Decision by Administrative Law Judge.

Science.gov (United States)

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Decision by Administrative Law Judge. 134.404 Section 134.404 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF... 8(a) Program § 134.404 Decision by Administrative Law Judge. Appeal proceedings brought under this...

Significant differences between the Nordic laws on public access to documents

DEFF Research Database (Denmark)

Jørgensen, Oluf

2017-01-01

Transparency and public access to information work as a check on the exercise of power and the existence of corruption. In Sweden the constitutional right of access to documents is justified precisely by its contribution to democracy, the rule of law and efficiency in the public administration....... The wide access to information in today’s world also makes possible the publication of personal information about individuals’ private life in an unprecedented way. Does this mean that the relative importance of the protection of privacy has to be strengthened at the cost of access to information? What...... will be the impact of the developing information and communication technology on access to information? The right of access to documents has traditionally been discussed on the level of domestic administration but when public administration is internationalised the issue of access to documents makes itself felt also...

Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

Science.gov (United States)

Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

2009-03-01

Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

29 CFR 6.41 - Referral to Chief Administrative Law Judge.

Science.gov (United States)

2010-07-01

... Administrative Law Judge to conduct such hearings as may be necessary to decide the disputed matters. A copy of... 29 Labor 1 2010-07-01 2010-07-01 true Referral to Chief Administrative Law Judge. 6.41 Section 6... Substantial Interest Proceedings § 6.41 Referral to Chief Administrative Law Judge. (a) Upon timely receipt of...

PUBLIC ADMINISTRATION: MODERNIZING THE CURRENT MODEL OF STATE MANAGEMENT

Directory of Open Access Journals (Sweden)

Evgenii V. Ohotskii

2014-01-01

modernization of the country. It seems that for our country any specific model of administration in its pure form, even the one considered to be the most popular in modern science and global practice, is unlikely to fit. Taking into consideration the logic, historical continuity, nonlinearity of modernization reforms and logical determinacy of social systems it looks like we are to integrate the best of the global public administration practice, especially those elements that will actually facilitate the rise of Russia as a modern democratic social law-governed state.

Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

International Nuclear Information System (INIS)

Lohse, S.; Doerner, E.

1992-01-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

78 FR 35093 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel EYE DOC; Invitation for...

Science.gov (United States)

2013-06-11

... Administrative Waiver of the Coastwise Trade Laws: Vessel EYE DOC; Invitation for Public Comments AGENCY... DOC is: INTENDED COMMERCIAL USE OF VESSEL: ``Charter fishing on Lake Erie'' GEOGRAPHIC REGION: ``Ohio..., Maritime Administration. [FR Doc. 2013-13836 Filed 6-10-13; 8:45 am] BILLING CODE 4910-81-P ...

78 FR 19068 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel GOLDEN BOY II; Invitation for...

Science.gov (United States)

2013-03-28

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0036] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel GOLDEN BOY II; Invitation for Public Comments AGENCY... GOLDEN BOY II is: Intended Commercial Use Of Vessel: Limited charter of passengers for luxury day...

78 FR 19362 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel W.L. STEWART III; Invitation...

Science.gov (United States)

2013-03-29

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0026] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel W.L. STEWART III; Invitation for Public Comments AGENCY.... STEWART III is: Intended Commercial Use of Vessel: ``Yacht Club Regatta and Sailing Instruction Support...

Annual report on the administration of the Radiation Control for Health and Safety Act of 1968, Public Law 90-602, (1988), April 1, 1989. Annual report

International Nuclear Information System (INIS)

1989-01-01

The Secretary of Health and Human Services is required by Subpart 3, Part F of Title III of the Public Health Service Act; 42 USC 263b et seq. (Public Law 90-602) to submit an annual report to the President for transmittal to the Congress on or before April 1 on the administration of the Radiation Control for Health and Safety Act. The detailed information required in the report is outlined in Section 360D of the Public Health Service Act. The Food and Drug Administration, through its Center for Devices and Radiological Health, is responsible for the day-to-day administration of the Radiation Control for Health and Safety Act of 1968. The report provides a summary of the operations of the Center in carrying out that responsibility for calendar year 1988. In reviewing the operations of the Center for Devices and Radiological Health as reported in the document, it should be kept in mind that the day-to-day administration of the Act is only part of the Center's function. Other responsibilities include the administration and enforcement of the 1976 Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act (not covered in the report)

20 CFR 404.952 - Consolidated hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

... before us. (2) If the administrative law judge decides to hold the hearing on both claims, he or she... law judge. 404.952 Section 404.952 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE... Determinations and Decisions Administrative Law Judge Hearing Procedures § 404.952 Consolidated hearing before an...

Behavioral Public Administration: Connecting Psychology with European Public Administration Research

NARCIS (Netherlands)

Leth Olsen, Asmus; Tummers, L.G.|info:eu-repo/dai/nl/341028274; Grimmelikhuijsen, S.G.|info:eu-repo/dai/nl/313875405; Jilke, Sebastian

2017-01-01

Well-known public administration scholars have stressed the importance of psychological research for the study of public administration. Neighboring disciplines such as economics and political science, have witnessed the emergence of the psychology-informed subfields of behavioral economics and

An empirical analysis of fiscal federalism implementation and of cost accounting in Italian public administrations

Directory of Open Access Journals (Sweden)

Pina Puntillo

2012-09-01

Full Text Available The concept of cost has been introduced in Italian Administration since the early nineties. There is a copious legislation referring directly or indirectly, to the need, as well as to the utility of measuring the costs of public administration, in deference, to a renewed interpretation of the constitutional principle of Good Performance in pursuance of Article. 97 of the Italian Constitution. The most recent and probably the most significant intervention at institutional level, is the implementation of fiscal federalism as provided by Law. 42, 2009. The core features of fiscal federalism are the transition from historical expenditure to standard costs as a criterion for determining financial needs of public bodies, together with the attempt to establish more meaningful accountability mechanisms, both to policy makers and to public management. The measurement of standard costs represents one of the pillars of fiscal federalism and it will be pursued using the mechanism of "best practice". Full implementation of fiscal federalism, therefore, requires the verification of the operating costs of all public administrations. According to statutory law, regions are also required to provide verification of operating costs, for the successful pursuing of fiscal federalism. The present research is going to assess the level of diffusion of cost accounting in Italian regional public administrations. The methodology used for this paper includes the analysis of regional law as well as interviews to the officials of accounting and auditing offices

Analysis tool public bidding the light of constitutional principles of cf / 88: a debate on the laws 8666 / 1993 and 12,462 / 2011

Directory of Open Access Journals (Sweden)

Cícero Júnior Siqueira dos Santos

2016-04-01

Full Text Available The present work aims at to promote a debate between the General Law of Administrative Contracts and Tenders (Law 8.666/93 and the Law Differentiated Scheme Public Contracting (Law 12.462/2011 Act regarding the observance of the Constitutional Principles of Public Administration in elaboration phase public bidding and execution of these instruments. This required from an initial study on Public Management which had as background rag and the Principles Bidding with emphasis on rol of the Chapeau of article 37 the Federal Constitution of 1988. Bidding procedures retro mentioned laws were also compared. The statement of reasons was made by literature search. As a result of the investigation, it was found that although there is a formal compliance with principled norm with regard respect the principles of public administration in both competitions governed by laws, not an application in hand and visible interest of the Public Power of the DRC in cases of greater relevance and urgency, which deconstructs the reason for this exceptional regime and calls into question the substantive norm of access to potential beneficiaries with full compliance.

2010 Administrative Law Judge Initial Decisions

Data.gov (United States)

Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2010 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

2009 Administrative Law Judge Initial Decisions

Data.gov (United States)

Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2009 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

The administrative contract asimilated to administrative acts in administrative litigation

Directory of Open Access Journals (Sweden)

Silvia GORIUC

2018-03-01

Full Text Available An administrative contract is the will between a public authority either a person empowe¬red by it, and one or more natural or legal persons, whether private or public, pursuing the realization of a public interest and to which a special scheme of administrative law applies. The typology of administrative contracts is very varied, depending on the evolution of the society’s needs. Thus, they are currently included in the category of administrative contracts: concession contracts and public procurement contracts, contracts for the use of public goods, public management contracts, public-private partnership contracts, public lending contracts and constitutive documents of the associative structures of public authorities.

EPA Administrative Law Judge Legal Documents

Data.gov (United States)

U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

“Superficial Water Concessions In Light Of The General Theory of the Administrative Act” The Incidence of the Public Law’s Dogmatic Tradition of Public Law Within Environmental Law

Directory of Open Access Journals (Sweden)

Andrés Gómez-Rey

2010-11-01

Full Text Available This paper seeks the determine the ways in which anomalous decisions derived from the particularization and constitutionalization of environmental law can arise given the general theory of administrative action. This is seen through the lens of a study and characterization of administrative decisions issued by the Regional Autonomous Corporation of Cundinamarca –CAR- within the superficial water concessions procedure. It also discusses the conceptual contents of these licenses.

Law, Public Interest and Interpretation: Prolegomena of a Normative Framework on Administrative Discretion in the EU

NARCIS (Netherlands)

Mendes, J.

2014-01-01

It is conventionally assumed that administrative discretionary decisions are determined by political and expert-driven considerations and that law’s structuring and constraining capacity in that regard is and should be limited. Law defines a space within which discretionary choices are irrelevant to

Postmodern Public Administration

DEFF Research Database (Denmark)

Bogason, Peter

2005-01-01

Discussion of the trends towards more uses of postmodern analysis within the discipline of public administration, particularly in the USA......Discussion of the trends towards more uses of postmodern analysis within the discipline of public administration, particularly in the USA...

The public principle of the EC environmental law. Das Oeffentlichkeitsprinzip des EG-Umweltrechts

Energy Technology Data Exchange (ETDEWEB)

Schwanenfluegel, M von

1991-01-15

The author discusses questions concerning the significance of the Directive on Free Access to Information Concerning the Environment approved by the European Council of Ministers on 7 June 1990 and first considers the relative importance of free access to information. Further sections deal with the right to information in the member states, EC environmental law and the information of the public. The essential regulations of the directive are presented in detail: the prehistory of the directive, aims, definition of 'information concerning the environment' and public authority, exceptions and procedures. In an outlook consequences for individual regulations of the Law on Administrative Procedures and the Rules of the Administrative Courts are addressed and the urgency of a corresponding ruling for the institutions of the Community themselves is pointed out; the Commission has already announced such a proposal. (RST).

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

Directory of Open Access Journals (Sweden)

MARIUS VACARELU

2012-05-01

Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

20 CFR 405.301 - Hearing before an administrative law judge-general.

Science.gov (United States)

2010-04-01

... law judge. (c) You may examine the evidence used in making the decision or determination under review... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Hearing before an administrative law judge-general. 405.301 Section 405.301 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW...

28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

Science.gov (United States)

2010-07-01

... an Administrative Law Judge in cases arising under section 274A or 274C. 68.54 Section 68.54 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... an Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority of the Chief...

The impact of records management system in transparency of public administrations: Transparency by design

Directory of Open Access Journals (Sweden)

Agustí Cerrillo Martínez

2018-05-01

Full Text Available Records management system has a great impact in the improvement of transparency in public administration. Transparency by design refers to the inclusion of transparency duties stated by legislation in force in the records’ life cycle in a way that it guarantees citizens effective access to public information. In this paper, the changes that public administrations have to propel in their records management systems to improve public transparency and to make easy access to information are analysed. In particular, as a case study, provisions made by Law 19/2014, of December 29, on Transparency, Access to Public Information and Good Governance of Catalonia are explored.

5 CFR 2423.31 - Powers and duties of the Administrative Law Judge at the hearing.

Science.gov (United States)

2010-01-01

... review will cause undue harm to a party or the public. (2) If the motion is granted, the Judge or... Law Judge at the hearing. 2423.31 Section 2423.31 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL...

The balancing of interests in environmental-law in the case of public interest in the use of renewable energies

International Nuclear Information System (INIS)

Unterpertinger, L.

2015-01-01

This study examines the conflict between the public interests in the use of renewable energy on the one hand and environmental protection on the other hand. Considering the current legal situation, the first part of the thesis elaborates on what theses concrete public interests are, and how they are regulated by law. Likewise, it shall be asked to what extent the legislator defines overriding public interests, and its impact on balance of interests. The second part focuses on balance of interests from an administrative law perspective. It overviews the current debates on whether balance of interests is meant to have discretion. In this context, the recent establishment of a two-level administrative jurisdiction has posed new questions. It is, therefore, necessary to conduct a profound analysis of the administrative control. With reference to the case law of the Administrative Court, it will also be shown that balance of interests is based on a proportional assessment. Moreover, with respect to the administrative procedures for hydropower projects, there is a relevant provision in the Austrian Water Act, which has specific characteristics, yet was interpreted inconsistently up to this point. Thus, this provision will be examined in detail. The relevant administrative body does not only use legal provisions, but also criteria documents which are internal administrative regulations. Those documents will be further discussed as well. (author) [de

International health law : an emerging field of public international law

NARCIS (Netherlands)

Toebes, Brigit

This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent

Elements of Pacific public health laws: an analysis of the public health acts of Papua New Guinea, Vanuatu, the Solomon Islands, and Fiji.

Science.gov (United States)

Howse, Genevieve

2012-09-01

Pacific countries are sovereign nations with distinctive histories, ethnicity, customs, primary resources, economies, and health systems. Despite these and other acknowledged differences, similarities exist in many areas such as geography, legal history, and culture. Many share the experience of colonization, with imported British laws and the subsequent experience of independence. Most Pacific countries are also developing countries. This article broadly describes approaches to legislating in public health in Papua New Guinea, Fiji, Vanuatu, and the Solomon Islands and notes common elements in their public health laws, in particular, in relation to administration, allocation of powers and responsibilities, interaction with local government, communicable disease control, and nuisance. The article concludes that many Pacific public health laws could deliver better support for current health policy, more sensitivity to the culture and customs of the region, and better management of public health risk through laws that are better suited to their Pacific environment, easier to understand, more flexible, and more relevant to current health policy.

Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law

International Nuclear Information System (INIS)

Schmidt-Assmann, E.; Schoch, F.

1994-01-01

On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [de

78 FR 33149 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CATTITUDE; Invitation for...

Science.gov (United States)

2013-06-03

... Administrative Waiver of the Coastwise Trade Laws: Vessel CATTITUDE; Invitation for Public Comments AGENCY... Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov . All comments will become part of this docket and...

77 FR 5628 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BIG GAME; Invitation for...

Science.gov (United States)

2012-02-03

... Administrative Waiver of the Coastwise Trade Laws: Vessel BIG GAME; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BIG GAME is: Intended Commercial Use of Vessel: ``Fishing charter boat.'' Geographic Region: ``Rhode Island...

Administration of the Radiation Control for Health and Safety Act of 1968, Public Law 90-602, April 1, 1985 (1984 annual report). Report for 1 January-31 December 1984

International Nuclear Information System (INIS)

1985-01-01

The Secretary of Health and Human Services is required by Subpart 3, Part F of Title III of the Public Health Service Act; 42 USC 263b et seq. (Public Law 90-602) to submit an annual report to the President for transmittal to the Congress on or before April 1 on the administration of the Radiation Control for Health and Safety Act. The detailed information required to be included in the report is outlined in Section 360D of the Public Health Service Act. The Food and Drug Administration, through its Center for Devices and Radiological Health, is responsible for the day-to-day administration of the Act. The report covers the detailed operation of the Agency in carrying out that responsibility for calendar year 1984. Manufacturers of electronic products are required by 21 CFR 1002.20 to report accidental radiation occurrences to the CDRH, FDA. During the calendar year 1984, the Radiation Incidents Registry received 11 reports alleging injury involving 235 persons

Disability Case Review of Administrative Law Judge Hearing Decisions

Data.gov (United States)

Social Security Administration — The Disability Case Review is a post-effectuation quality review of administrative law judge (ALJ) disability hearing decisions. This dataset includes results from...

Population risk and subjective public law in atomic energy law

International Nuclear Information System (INIS)

Winter, G.

1979-01-01

On the basis of jurisdiction in atomic law and in other planning and immission laws, the author deals with the question whether a plaintiff can base his action against a nuclear licence on the fact that the general population risk is very high around the chosen site or because of the type of reactors. Even if jurisdiction negates this question because of the function of the administrative-judicial legal protection (individual involvement), it nevertheless regards it as neccessary with the increasing number and size of NPPs, to make the general population risk accessable to actions. The author critically deals with the protection norm theory of the legal dogmatics and that of the practical jurisdiction. He suggests to replace the 'Nachbarklagen' model in atomic laws by a model of 'Eingriffsverwaltung' and to regard the licences primarily as tolerance declarations to the neighbourhood and secondarily as favouring administrative actions. (UN) [de

Transnational Law of Public Contracts

NARCIS (Netherlands)

Audit, M.; Schill, S.W.

2016-01-01

Public contracts were traditionally conceived as instruments of domestic public law and used within markets confined to the territory of the state party to the contract. Globalization, however, subjects public contracting to an increasing number of processes that take place at a transnational level

Civil Remedies Division Administrative Law Judge Decisions

Data.gov (United States)

U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

THE PUBLIC ADMINISTRATION COMPARED TO PUBLIC MANAGEMENT AND OTHER SCIENCES

Directory of Open Access Journals (Sweden)

LAZAR IOAN

2010-12-01

Full Text Available In this paper we try to analyze the meaning of the public administration term. In our opinion it is necessary to be able to define exactly what public administration means but at the same time to clearly distinguish it from the other sciences. This is due to the fact that very often confusion is made between public administration and public management, public administration and bureaucracy or public administration and policy. Throughout this paper we hope to clarify some of the aspects related to what exactly distinguishes public administration from the above mentioned sciences and what are its own particularities.

78 FR 53004 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND WIND; Invitation for...

Science.gov (United States)

2013-08-27

... Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND WIND; Invitation for Public Comments AGENCY... SECOND WIND is: Intended Commercial Use of Vessel: ``Breakfast, lunch, and dinner cruises featuring... to the docket number of this notice and the vessel name in order for MARAD to properly consider the...

78 FR 40265 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel HMS-DISCOVERY; Invitation for...

Science.gov (United States)

2013-07-03

... Administrative Waiver of the Coastwise Trade Laws: Vessel HMS-DISCOVERY; Invitation for Public Comments AGENCY... of the vessel HMS-DISCOVERY is: Intended Commercial Use of Vessel: ``Sight Seeing Tours''. Geographic... regulations at 46 CFR Part 388. Privacy Act Anyone is able to search the electronic form of all comments...

The Future of Public Administration.

Science.gov (United States)

Cleveland, Harlan

Past approaches to public administration, the diminishing distinctions between foreign and domestic policy, the role of the public administrator, and leadership qualities are discussed. As a relatively young discipline, public administration first focused on scientific management (1920's). It then shifted to the art and science of getting things…

40 CFR 164.40 - Qualifications and duties of Administrative Law Judge.

Science.gov (United States)

2010-07-01

... Administrative Law Judge. 164.40 Section 164.40 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... Judicial Ethics of the American Bar Association. (d) Power. Subject to review, as provided elsewhere in... Law Judge, the Administrator or the Environmental Appeals Board. [38 FR 19371, July 20, 1973, as...

20 CFR 405.315 - Time and place for a hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

... administrative law judge will decide whether to have that person appear in person or by video teleconference... administrative law judge. 405.315 Section 405.315 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405...

Potential for comparative public opinion research in public administration

NARCIS (Netherlands)

G. Bouckaert (Geert); S.G.J. Van de Walle (Steven); J. K. Kampen (Jarl)

2005-01-01

textabstractThe public administration and public services have always taken a marginal place in the political scientists’ behavioural research. Public administration students on the other hand tend to focus on political and administrative elites and institutions, and largely ignored citizens in

International law, constitutional law, and public support for torture

Directory of Open Access Journals (Sweden)

Adam S Chilton

2016-03-01

Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.

78 FR 14413 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for...

Science.gov (United States)

2013-03-05

... Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for Public Comments AGENCY... should refer to docket number MARAD-2013-0019. Written comments may be submitted by hand or by mail to... LUCKY DUCK is: Intended Commercial Use Of Vessel: ``The vessel is to be operated as a sailing...

The Role of the Public Administration and the Methods Used to Reduce the Effects of the Economic and Financial Crisis

Directory of Open Access Journals (Sweden)

Ion Popescu Slaniceanu

2011-09-01

Full Text Available The current worldwide economic crisis brought back into discussion a topic long debated in the legal scholarship, pertaining both to administrative law, as well as to corporate and financial law, namely the optimal relationship between the self-regulation of the corporate and financial sector and its regulation and auditing by the institutions of the public administration .

Legislating tolerance: Spain's national public smoking law.

Science.gov (United States)

Muggli, Monique E; Lockhart, Nikki J; Ebbert, Jon O; Jiménez-Ruiz, Carlos A; Riesco Miranda, Juan Antonio; Hurt, Richard D

2010-02-01

While Spain's national tobacco control legislation prohibits smoking in many indoor public places, the law provides for an exception to the prohibition of smoking by allowing separate seating sections and ventilation options in certain public places such as bars and restaurants, hotels and airports. Accordingly, Spain's law is not aligned with Article 8 Guidelines of the World Health Organization's Framework Convention on Tobacco Control, which requires parties to ensure universal protection against secondhand smoke exposure in all enclosed public places, workplaces and on all means of public transport. Spain's law is currently being promoted by the tobacco companies in other countries as a model for smoke-free legislation. In order to prevent weakening of smoke-free laws in other countries through industry-supported exceptions, we investigated the tactics used by the tobacco companies before the implementation of the new law and assessed the consequences of these actions in the hospitality sector. Internal tobacco industry documents made public through US litigation settlements dating back to the 1980s were searched in 2008-9. Documents show that tobacco companies sought to protect hospitality venues from smoking restrictions by promoting separate seating for smokers and ineffective ventilation technologies, supporting an unenforceable voluntary agreement between the Madrid local government and the hospitality industry, influencing ventilation standards setting and manipulating Spanish media. The Spanish National Assembly should adopt comprehensive smoke-free legislation that does not accommodate the interests of the tobacco industry. In doing so, Spain's smoke-free public places law would be better aligned with the Framework Convention on Tobacco Control.

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

Theoretical and Practical Aspects Regarding the Unlawfulness Plea of the Administrative Acts in the Municipal Law and Community Law

Directory of Open Access Journals (Sweden)

Doina Udrescu

2009-06-01

Full Text Available With respect to the Administrative Law no. 554/2004, as amended by Law no. 262/2007, the legalestablishment of the unlawfulness plea renders the specialized administrative courts the full jurisdiction onthe control of the administrative act legality. The unlawfulness plea is generally applied and it can be invokedin any civil, criminal or commercial case is the exclusive task of the administrative court.

29 CFR 801.67 - Decision and Order of Administrative Law Judge.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Decision and Order of Administrative Law Judge. 801.67 Section 801.67 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Administrative Proceedings...

MEASUREMENT OF ORGANIZATIONAL CULTURE IN PUBLIC ADMINISTRATION: CASE STUDY OF 5 MUNICIPALITIES IN BOSNIA AND HERZEGOVINA

Directory of Open Access Journals (Sweden)

Sabahudin Jašarević

2017-09-01

Full Text Available Public administration is classified into a specific organizational form that follows the development of all civilizations. Today, more than ever, we deal with creating a new model of public administration. The reform of public administration intends to achieve the model adjusted to the needs of society, based on lawful solutions, and real conditions. The EU integration process puts a pressure on public administration to deliver better service, with more and more demands to increase the skills of employees, to make performance of duties and tasks more effective, adhering to the principles of good governance. This paper presents a study of administrative body's organizational culture, based on the selected standpoint that the organizational culture is defined as a set of values, norms and beliefs in which the servants in administrative body share the same opinion. This brought ten characteristic values that can be shaped into the mission of observed local self-government (public administration unit. We tried to estimate through this research how civil servants perceive these ten values, and whether they like it or not.

The Concept of Appropriateness in Issuing Administrative Acts

Directory of Open Access Journals (Sweden)

Iulian Nedelcu

2011-05-01

Full Text Available Administrative acts are a legal way of organizing the execution and enforcement of the law. Law can not and should not establish all cases and all the ways, by means of which public administration bodies interfere with administrative actions, therefore administrative public bodies must have some initiative and ought to be able to assess the situations in which they will issue these acts and to appreciate their appropriateness. The appropriateness principle of administrative acts must be correlated with the legality principle. It can be concluded that the appropriateness principle underscores the power conferred by public administration, permitted in accordance with which it has the right and duty to judge when issuing an administrative compliance of the state of lawand facts, an appreciation that public administration is based on a single criterion: the interests of the community that they represent. Also, the very organization of the state as a state of law leads to the conclusion that the law – which is the materialization of the idea of justice – should be the standard on which the activity of human individuals report both to the quality of beneficiaries of the provisions and benefits of public administration and on the other hand as officials, public servants or ordinary employees in public administration system.

Directions in the theory of public administration

OpenAIRE

N. Arabadzhiyski

2014-01-01

The aim of this development is to provide a brief summary of the main trends in the theory of public administration: the traditional public administration, new public administration (public management and new public management); postmodern global public management and public administration.

77 FR 49059 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHAT DE MER; Invitation for...

Science.gov (United States)

2012-08-15

... Administrative Waiver of the Coastwise Trade Laws: Vessel CHAT DE MER; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel CHAT... Francisco Bay. Geographic Region: ``California.'' The complete application is given in DOT docket MARAD-2012...

Public Finance Administration. Second Edition.

Science.gov (United States)

Reed, B. J.; Swain, John W.

This book is intended for the nonexpert in finance who has a public administration background. It opens with a broad introduction to public finance administration and how this job is related to public budgeting, the practice of public-sector accounting, and the economic concepts of money and value. Issues surrounding public revenue, its sources,…

THE NEW PUBLIC ADMINISTRATION PARADIGM DIRECTIONS

OpenAIRE

CHERVYAKOVA OLHA VOLODYMYRIVNA

2017-01-01

This article presents aspects of public administration paradigm of using disciplinary matrix, a public management model based on a feedback mechanism in the subject-subject interaction, which is the basis of theoretical and methodological establishment in public administration science (Public administration) in Ukraine.

Semantic Modeling of Administrative Procedures from a Spanish Regional Public Administration

Directory of Open Access Journals (Sweden)

Francisco José Hidalgo López

2018-02-01

Full Text Available Over the past few years, Public Administrations have been providing systems for procedures and files electronic processing to ensure compliance with regulations and provide public services to citizens. Although each administration provides similar services to their citizens, these systems usually differ from the internal information management point of view since they usually come from different products and manufacturers. The common framework that regulations demand, and that Public Administrations must respect when processing electronic files, provides a unique opportunity for the development of intelligent agents in the field of administrative processes. However, for this development to be truly effective and applicable to the public sector, it is necessary to have a common representation model for these administrative processes. Although a lot of work has already been done in the development of public information reuse initiatives and common vocabularies standardization, this has not been carried out at the processes level. In this paper, we propose a semantic representation model of both processes models and processes for Public Administrations: the procedures and administrative files. The goal is to improve public administration open data initiatives and help to develop their sustainability policies, such as improving decision-making procedures and administrative management sustainability. As a case study, we modelled public administrative processes and files in collaboration with a Regional Public Administration in Spain, the Principality of Asturias, which enabled access to its information systems, helping the evaluation of our approach.

Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis

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Lindseth Peter L.

2017-11-01

Full Text Available As is broadly recognized, the realm of administrative power greatly expanded over the course the twentieth century (particularly after 1945. This essay argues that this expansion, along with differential conceptions of legitimacy deeply bound up with it, are crucial to understanding not just the modern administrative state but also the nature of EU governance and the law governing its operation. Despite a dominant paradigm that seeks to understand EU governance in autonomously democratic and constitutional terms, the legitimacy of integration as a whole has remained primarily ‘administrative, not constitutional’. The EU’s normative power, like all power of an ultimately administrative character, finds its legitimacy primarily in legal, technocratic and functional claims. This is not to deny that European integration involves ‘politics’ or has profound ‘constitutional’ implications for its member states or citizens. The ‘administrative, not constitutional’ paradigm is meant only to stress that the ultimate grounding of EU rulemaking, enforcement, and adjudication comes closer to the sort of administrative legitimacy that is mediated through national executives, national courts, and national parliaments to a much greater extent than the dominant paradigm supposes. This is the reality that the ‘administrative, not constitutional’ paradigm on EU law has always sought to emphasize, and it is one that is particularly pertinent to the integration process in times of crisis. It is unsurprising, in these circumstances, that the public law of European integration has continually resorted to mechanisms of nationally mediated legitimacy in order to ‘borrow’ legitimacy from the national level. Unless and until Europeans begin to experience democracy and constitutionalism in supranational terms, the ‘administrative, not constitutional’ paradigm suggests that the EU’s judicial doctrines must be adjusted. The purpose should be to

Encyclopedia of Public International Law, 7 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1985-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (7. History of International Law. Foundations and Principles of International Law. Sources of International Law. Law of Treaties). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1984

Development of an online tool for public health: the European Public Health Law Network.

Science.gov (United States)

Basak, P

2011-09-01

The European Public Health Law Network was established in 2007 as part of the European Union (EU) co-funded Public Health Law Flu project. The aims of the website consisted of designing an interactive network of specialist information and encouraging an exchange of expertise amongst members. The website sought to appeal to academics, public health professionals and lawyers. The Public Health Law Flu project team designed and managed the website. Registered network members were recruited through publicity, advertising and word of mouth. Details of the network were sent to health organizations and universities throughout Europe. Corresponding website links attracted many new visitors. Publications, news, events and a pandemic glossary became popular features on the site. Although the website initially focused only on pandemic diseases it has grown into a multidisciplinary website covering a range of public health law topics. The network contains over 700 publications divided into 28 public health law categories. News, events, front page content, legislation and the francophone section are updated on a regular basis. Since 2007 the website has received over 15,000 views from 156 countries. Newsletter subscribers have risen to 304. There are now 723 followers on the associated Twitter site. The European Public Health Law Network has been a successful and innovative site in the area of public health law. Interest in the site continues to grow. Future funding can contribute to a bigger site with interactive features and pages in a wider variety of languages to attract a wider global audience. Copyright © 2011 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

The Protection of Legitimate Expectations in Administrative Law: A Horizontal Perspective

Directory of Open Access Journals (Sweden)

Parchomiuk Jerzy

2017-12-01

Full Text Available The term “protection of legitimate expectations” in administrative law traditionally draws our attention to vertical relationships between the State and an individual. In my text I propose a non-traditional approach to the issue of protection of legitimate expectations in administrative law. Instead of analysing the problem from the perspective of the relationship between the administrative body and the individual, I have attempted to tackle the problem from the perspective of entities involved in peer relationships.

75 FR 4449 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-01-27

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2010-0002] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Notice; correction. SUMMARY: On January 15, 2010, the Maritime Administration published notice of...

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

Radioactive waste management: a summary of state laws and administration

International Nuclear Information System (INIS)

1983-09-01

This is the second update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the first update (15 April 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. The Administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. In a number of states, Boards of Health or similar boards are lead agencies, so they have been listed in that section. Each board's administrative agency is listed under it. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs, and a legislative contact. Many legislatures do not set a date for session adjournment, so the date listed represents a combination of information provided by the states and by the history of past sessions. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and this disposition. In general, the information in this report is accurate as of July 15, 1983

Convergence of the European law on public notaries

Directory of Open Access Journals (Sweden)

Salma Jožef

2012-01-01

Full Text Available In this paper the author analyzes the functions of public notaries, the evolution of the institution in Europe and its legal features in contemporary European law. The basic normative solutions of the German, Austrian, French, Italian, Hungarian, Slovakian, Slovenian and Croatian law are outlined. The importance of the European law on notaries public is also stressed, which aims to further the cooperation between national chambers on notaries public on European scale, in order to facilitate the cross-border transactions within the territory of the European Union. The gist of the converging common European rules pertaining to notaries public are the principle of independence of notaries and the principle of legality, which means that the notaries are in the performance of their duties bound only by the norms of civil substantive and procedure law. Notaries public perform also a function of public service, since they provide assistance to citizens in drafting their public instruments and private deeds (juridical acts and statements, that produce the required evidentiary strength. Depending on whether a given requirement of form of juridical act can be met only by the assistance of notaries public or by other public bodies, one may distinguish exclusively notarial acts from competing forms of juridical acts.

VARIOUS HISTORICAL CONSIDERATIONS REGARDING THE PUBLIC LAW–PRIVATE LAW DICHOTOMY

Directory of Open Access Journals (Sweden)

Emilian Ciongaru

2014-11-01

Full Text Available Throughout the history of law, has been structured logically in law institutions and branches being considered in a divided or unitary manner. But legal norms have obtained general recognition either taken as a unitary system or divided into divisions or branches as maximum logical-organizational structures. The law originally intersects with the process of formation and evolution of the state. The law has been formed unconsciously as the result of a psychological process in which the individual reacts to certain external stimuli. At the beginning, the law came under the form of nonunitary chaotic customs or practices. In the second phase, the law, though yet rudimentary, became a conscious action being imposed by a public force. The difference between the public law and the private law results from the fact that private law may be attributed to the structure of society, and the public law may be attributed to the superstructure of society. Even nowadays, the delimitation between the public law and the private law is not clear, because the most numerous legal relations refer both to the general interest and the private interest and, basically, the legal norms contribute to public order as the observation thereof brings social peace.

Aspects of administrative law in radiation protection in regions contaminated by mining activities - Wismut

International Nuclear Information System (INIS)

Naeser, H.

1992-01-01

The winding up of the uranium mining operated since the end of the Second World War jointly by the USSR and the GDR under the name ''Wismut'', and the clean-up of the region belongs to the great ecological problems that must be mastered in the new Laender of Germany. These measures pose a great number of problems of administrative and environmental law, because highly complex and very different matters must be regulated and a great number of norms of public law must be applied. This is aggravated by the considerable difficulties in achieving legal unity after the formal unification of the two German states. Selected legal issues are discussed. (orig./HSCH) [de

Ethics in Public Administration

Directory of Open Access Journals (Sweden)

MSc. Arjeta Hallunovi

2014-06-01

Full Text Available The goal of this study is to deal with some ethical causes in the public administration, that aim the avoidance of negative phenomenon’s as theft, corruption, etc. In this direction, the debates about ethics are becoming more and more a global tendency, as an implement through which would be found the way to get out of the crisis. The success in the reforms of the public administrations in major part depends, on the public functionaries and their willingness to make fundamental changes in the way they work. In this direction, the State should strengthen and modernize the public service, should realize an employment system, which should reflect more the merits on its service. For this reason, the government’s attempts should be concentrated on the construction of a positive image for the state and its administration as professional objective, which is oriented to the services. Being aware for the practical restrictions of this study, we firstly chose to concentrate on the local public administrations ethics. The study will be focused on the practical comparative analysis of the city of Shkodra and Durres by the realization of a questionnaire by each of these municipalities and the Agency of Legalization and Urbanization of Informal Zones (ALUIZNI in Shkodra.

The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

Directory of Open Access Journals (Sweden)

Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

29 CFR 801.72 - Responsibility of the Office of Administrative Law Judges.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Responsibility of the Office of Administrative Law Judges. 801.72 Section 801.72 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Administrative...

The operation of nuclear power plants in the conflict between administrative law and criminal law

International Nuclear Information System (INIS)

Stubbe, C.

1989-01-01

The conflicting interests of administrative law and criminal law give rise to a number of burdensome conditions to be met by the operators of nuclear plants. Of course, it is one of the peculiarities of criminal law that nobody can decide for himself whether he wants to become involved in it. There is probably no other choice than meeting, with a good blend of composure and cleverness, the criteria now surrounding the operation of a nuclear facility. (orig.) [de

Virtual Reality and Public Administration

Directory of Open Access Journals (Sweden)

István TÓZSA

2013-02-01

Full Text Available This study serves as an introduction to how virtual reality systems could be applied in public administration and what research tasks would be necessary to accomplish a project. E-government solutions began to emerge in public administration approximately a decade ago all over the developed world. Administration service facilities via the Internet did not attract many customers, because of the digital divide. E-government solutions were extended to mobile devices as well, but the expected breakthrough of usage has not ensued. The virtual reality form of public administration services recommended in this study has the most attractive outlay and the simplest navigation tools if compared to ‘traditional’ Internet based e-government. Thus, in accordance with the worldwide amazingly quick spread of the virtual reality systems of Second Life and 3 D types of entertainment, virtual reality applications in public administration could rely on a wide range of acceptance as well.

Questions concerning constitutional law - Lander administration on behalf of the Federal Government

International Nuclear Information System (INIS)

Ossenbuehl, F.

1991-01-01

The lecture gives a basic perspective of a reform of the Laender administration on behalf of the Federal Government and first covers its nature, purpose and structure with respect to the atomic energy administration after the latest decisions of the Federal Constitutional Court. There follows a section on the constitutional and administrative reality of the Laender administration on behalf of the Federal Government as applied to atomic energy law, in which three conflict cases are pointed out. The last section gives an appraisal from the points of view of loyalty in execution, instruments of control (general administrative regulations - single directives - general directives), scope of the Laender administration on behalf of the Federal Government. It is determined whether the situations envisaged by the norms coincide with reality, where there are deficits and how they can be ameliorated by reform. As the Laender administration on behalf of the Federal Government is shaped on constitutional law it is only periphally accessible to an amendment of atomic energy law through normal legislation. (HSCH) [de

20 CFR 655.645 - Administrative law judge proceedings.

Science.gov (United States)

2010-04-01

... EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of the Limitations Imposed on Employers Using... administrative law judge shall notify all interested parties of the date, time and place of the hearing. All...

On the administrative law accessoriness of art. 327 of the Penal Code

International Nuclear Information System (INIS)

Dolde, K.P.

1988-01-01

The essay deals with the binding of criminal law on valid permissions given by authorities. Criminal courts are bound on the content of valid administrative acts, even when those are against the law but not invalid. By not considering administrative permissions, criminal courts ignore the binding force of official acts. They infringe the prohibition not to diverge from a valid act even when the addresse of the act knows that it is against the law. (KW) [de

Improving Democracy and Accountability Through Administrative ...

International Development Research Centre (IDRC) Digital Library (Canada)

This project will document and assess administrative law practices in several ... and legislative interventions to help mainstream administrative law principles in public ... IWRA/IDRC webinar on climate change and adaptive water management.

29 CFR 1980.109 - Decision and orders of the administrative law judge.

Science.gov (United States)

2010-07-01

... review by the administrative law judge, and a complaint may not be remanded for the completion of an... 29 Labor 9 2010-07-01 2010-07-01 false Decision and orders of the administrative law judge. 1980... SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF THE SARBANES...

Encyclopedia of Public International Law, 8 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1986-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (8. Human Rights and the Individual in International Law. International Economic Relations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1985

The Supplemental Nutrition Assistance Program: Analysis of Program Administration and Food Law Definitions.

Science.gov (United States)

Pomeranz, Jennifer L; Chriqui, Jamie F

2015-09-01

Under the current version of the Supplemental Nutrition Assistance Program (SNAP), participants can purchase virtually any food or beverage (collectively, food). Research indicates that SNAP recipients may have worse dietary quality than income-eligible nonparticipants. Policymakers have urged the U.S. Department of Agriculture (USDA) to pilot SNAP purchasing restrictions intended to support a healthier diet, and state legislators have proposed similar bills. The USDA rejected these invitations, stating that it would be administratively and logistically difficult to differentiate among products, amid other concerns. However, the USDA's Dietary Guidelines for Americans and the Supplemental Nutrition Program for Women, Infants, and Children (WIC) do just that. Further, state governments define and differentiate among foods and beverages for tax purposes. This paper reviews several factors intended to inform future policy decisions: the science indicating that SNAP recipients have poorer diet quality than income-eligible nonparticipants; the public's support for revising the SNAP program; federal, state, and city legislators' formal proposals to amend SNAP based on nutrition criteria and the USDA's public position in opposition to these proposals; state bills to amend eligible foods purchasable with SNAP benefits; state retail food tax laws; and the retail administration and program requirements for both WIC and SNAP. The paper finds that the government has a clear ability to align SNAP benefits with nutrition science and operationalize this into law. Copyright © 2015 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

Environmental penal law. Legal foundations, aspects of administrative law, practical applications. Umweltstrafrecht. Gesetzliche Grundlagen, verwaltungsrechtliche Zusammenhaenge und praktische Anwendung

Energy Technology Data Exchange (ETDEWEB)

Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.)); Moehrenschlager, M. (Bundesministerium der Justiz, Bonn (Germany, F.R.)); Link, W. (eds.)

1989-01-01

The book intends to present the complexity of the penal code pertaining to environmental protection including the law on environmental offences in a way which makes the subject understandable for the reader. It is therefore not limited to the criminal law proper but looks at the administrative background and aspect of legal proceedings under these laws. Each area is dealt with by specialists from science and practice. The book is adressed to the experts in judiciary administration, industry, science and the interested layman. (orig.).

5 CFR 930.205 - Administrative law judge pay system.

Science.gov (United States)

2010-01-01

... paragraph (a)(1) of this section. Such adjustments take effect on the 1st day of the first pay period... basic pay that equals or exceeds the applicant's highest previous Federal rate of basic pay, not to... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Administrative law judge pay system. 930...

IMPACT OF THE REFORM PROCESS OF THE PUBLIC ADMINISTRATION ECONOMIC AND SOCIAL DEVELOPMENT OF ROMANIA

Directory of Open Access Journals (Sweden)

GEORGETA MODIGA

2012-05-01

Full Text Available Romanian society is in a continuous process of change in which all the economic, social, political, civic saw a new dynamic in trying to adapt to specific conditions of the phenomenon of Europeanization (full member of the European Union. The changing of Romanian society requires the public administration reform to be analyzed and disseminated on the following levels: strategic - by which to redefine the role of the state clearly, legally - using larger framework laws, organizational - administrative and fiscal decentralization, cultural - following a change of values and modes of action of public officials, non governmental organizations, the citizen / customer of public service. The term administrative reform is trivial, repetitive and recurrent nets into change, public administration reform is invited to constantly readjust the organization and the action and to clearly state objectives, called sometimes the brakes released, blockages to overcome obstacles of the past which is manifested by the upward trend of the society. Public administration is criticized especially by the public and less by governments in office. Almost general belief is that the administration functions poorly, fulfil its mission in an unsatisfactory manner, but nevertheless has an impact too on community life, economy and society. This paper aims to identify the type of problems that other countries have had to solve and the need hierarchy and management combined in a single system. Understanding the types of problems encountered and they do other countries in this process will shorten the learning cycle for Romania. The objectives of this approach is that the critical analysis of the relationship between public administration reform and administrative capacity based on the literature, outlining the operational model to assess the reform process in our country, the study of democratization (the stage of democratization of public administration modernization strategy

Realising social justice in public health law.

Science.gov (United States)

Fox, Marie; Thomson, Michael

2013-03-01

Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

Annual report on the administration of the Radiation Control for health and Safety Act of 1968, Public Law 90-602, April 1, 1991. Rept. for Jan-Dec 90

International Nuclear Information System (INIS)

1991-01-01

The Secretary of Health and Human Services is required by Subpart 3, Part F of Title III of the Public Health Service Act; 42 USC 263b et seq. (Public Law 90-602) to submit an annual report to the President for transmittal to the Congress on or before April 1 on the administration of the Radiation Control for Health and Safety Act. The detailed information required in the report is outlined in Section 360D of the Public Health Service Act. The Food and Drug Administration, through its Center for Devices and Radiological Health, is responsible for the day-to-day administration of the Radiation Control for Health and Safety Act of 1968. The report provides a summary of the operations of the Center in carrying out that responsibility for calendar year 1990. In reviewing the operations of the Center for Devices and Radiological Health as reported in the document, it should be kept in mind that the day-to-day administration of the Act is only part of the Center's function. Other responsibilities include the administration and enforcement of the 1976 Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act (not covered in the report). Manufacturers of electronic products are required by 21 CFR 1002.20 to report accidental radiation occurrences to the Center for Devices and Radiological Health. The Center no longer maintains a Radiation Incidents Registry, since accidental radiation occurrences are reported through the Device Experience Network (DEN) and through the requirements of the Medical Device Reporting (MDR) Regulations

Knowledge acquisition from sources of law in public administration

NARCIS (Netherlands)

Boer, A.; van Engers, T.

2010-01-01

Knowledge acquisition from text, and sources of law in particular, is a well established technique. Text is even - certainly in the context of the Semantic Web - increasingly conceived of as a raw knowledge resource that can be mined for knowledge routinely and automatically. As experience by large

20 CFR 655.655 - Secretary's review of administrative law judge's decision.

Science.gov (United States)

2010-04-01

..., DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of the... Secretary's review of administrative law judge's decision. (a) The Administrator or any interested party...

75 FR 4449 - Requested Administrative Waiver of the Coastwise Trade Laws; Correction

Science.gov (United States)

2010-01-27

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2010-0001] Requested Administrative Waiver of the Coastwise Trade Laws; Correction AGENCY: Maritime Administration, Department of Transportation. ACTION: Notice; correction. SUMMARY: On January 15, 2010, the Maritime Administration published...

31 CFR 501.742 - Secretary's designee's consideration of decisions by Administrative Law Judges.

Science.gov (United States)

2010-07-01

....742 Secretary's designee's consideration of decisions by Administrative Law Judges. (a) Scope of... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Secretary's designee's consideration of decisions by Administrative Law Judges. 501.742 Section 501.742 Money and Finance: Treasury...

Better parks through law and policy: a legal analysis of authorities governing public parks and open spaces.

Science.gov (United States)

Henderson, Ana; Fry, Christine R

2011-01-01

Improving parks in low income and minority neighborhoods may be a key way to increase physical activity and decrease overweight and obesity prevalence among children at the greatest risk. To advocate effectively for improved recreation infrastructure, public health advocates must understand the legal and policy landscape in which public recreation decisions are made. In this descriptive legal analysis, we reviewed federal, state, and local laws to determine the authority of each level of government over parks. We then examined current practices and state laws regarding park administration in urban California and rural Texas. We identified several themes through the analysis: (1) multiple levels of governments are often involved in parks offerings in a municipality, (2) state laws governing parks vary, (3) local authority may vary substantially within a state, and (4) state law may offer greater authority than local jurisdictions use. Public health advocates who want to improve parks need to (1) think strategically about which levels of government to engage; (2) identify parks law and funding from all levels of government, including those not typically associated with local parks; and (3) partner with advocates with similar interests, including those from active living and school communities.

Separation of powers of local administrations and other public authorities, local governments in the sphere of land relations

Directory of Open Access Journals (Sweden)

А. С. Самородов

2015-05-01

Full Text Available Problem Setting. The article studies the issue of demarcation of powers of local administrations and other public authorities, local governments in the sphere of land relations. Emphasized the special legal status of local state administrations is to combine the powers of the authority of general and special jurisdiction. Paper objective. Local administration is a local executive body and is part of the executive power. The local administration within their authority exercises executive power in the territory of the administrative-territorial unit, as well as implementing powers delegated to it by the respective council. Paper main body. Powers of special competence in particular, carry out structural subdivisions of local state administrations, the jurisdiction of which include question of sectoral or functional management in the relevant territory (eg, health administration, financial management, etc.. Conclusions. Analyzing the above legal provisions, the authority of the local administration can be understood as assigned to it by the State and enshrined in law the obligation to exposure to certain social relations. In other words, the powers of local state administrations are certain activities of the state in the face of local state administration. This is consistent with the understanding of the general theory of law the concept of «state functions» - the basic perspectives that express its nature and social purpose in the management of public affairs.

Encyclopedia of Public International Law, 9 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1988-01-01

Tutvustus: Encyclopedia of Public International Law / published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (9. International Relations and Legal Cooperation in General. Diplomacy and Consular Relations and 10. States. Responsibility of Sates. International Law and Municipal Law). Amsterdam, New York, Oxford : North-Holland Publishing Company, 1986-1987. Pp. XV, 425 and pp. XV, 543

The Public Schools Contracts Law. Focus on School Law Series.

Science.gov (United States)

Dabreu, O. Lisa

New Jersey's Public Schools Contracts Law, enacted on June 2, 1977, places limits on the authority of local and regional boards of education to make purchases and to enter into contracts, agreements, or leases for supplies or services. This publication is designed to provide information and guidance that will assist boards of education in meeting…

Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

Directory of Open Access Journals (Sweden)

Fabio Espitia Garzón

2016-12-01

Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

Juridifying Corporate Social Responsibility Through Public Law

DEFF Research Database (Denmark)

Buhmann, Karin

2015-01-01

steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR......With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute...... that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR....

Encyclopedia of Public International Law, 6 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1984-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (6. regional Cooperation, Organization Problems). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

Globalization of public health law and ethics.

Science.gov (United States)

Sohn, Myongsei

2012-09-01

The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

Mapping the scope and opportunities for public health law in liberal democracies.

Science.gov (United States)

Magnusson, Roger S

2007-01-01

The two questions, "What is public health law?" and "How can law improve the public's health?" are perennial ones for public health law scholars. This paper proposes a framework for conceptualizing discussion and debate about the scope and opportunities for public health law within liberal democracies. Part 2 of the paper draws selectively on this framework in order to highlight some areas where law's potential role deserves greater acknowledgment and exploration.

MEXICAN ADMINISTRATIVE LAW AGAINST CORRUPTION: SCOPE AND FUTURE

OpenAIRE

Márquez, Daniel

2016-01-01

This work gives a synopsis of the evolution of public administration control mechanisms in Mexico. It highlights the instrumental nature of oversight, as well as regulatory and assessment aspects, and discusses issues like the historical design of the control instruments used in Mexican public administration. Certain social and political aspects from a legal perspective of administrative anti-corruption regulations are then underscored. The article concludes by drawing attention to the fact t...

45 CFR 164.412 - Law enforcement delay.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Law enforcement delay. 164.412 Section 164.412 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED... § 164.412 Law enforcement delay. If a law enforcement official states to a covered entity or business...

Encyclopedia of Public International Law, 2 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1982-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (2. Decisions of International Courts and Tribunals and International Arbitrations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1981

Encyclopedia of Public International Law, 5 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 5. International Organizations in General. Universal International Organisazations and Cooperation. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

PUBLIC MANAGEMENT AND ORGANIZATIONAL VALUES IN PUBLIC ADMINISTRATION OF EASTERN SLAVONIA

OpenAIRE

Ruza Brcic; Ivan Malbasic

2013-01-01

For decades public administration has been considered a public issue in its own right, or even a causal factor of public issues. It is perceived as an inert and inflexible system that operates in a way that neither its practices nor its effects are transparent. With the aim of enhancing the eff ectiveness of public administration attempts have been made to redefi ne the role of the state and reform public administration and public management in accordance with that new role of the state, whic...

Environmental impact statement law and environmental impact statement administration regulation

International Nuclear Information System (INIS)

Feldmann, F.J.

1991-01-01

The contribution does not deal with the question - as might be suggested by the heading - that the execution of the environmental impact statement law might be uncertain if there are no further accompanying legal transformatory acts. Putting the environmental impact statements into action is concerned in partiuclar with procedural provisions regarding the Federal Act on Protection against Nuisances and the Atomic Energy Act. The author deals with aspects of the environmental impact statement law and the state-of-the-art achieved so far. He also deals with legislative intent, with further points of putting the law into practice, i.e. the information requirements in the administrative provisions and the integrating aspect, the amalgamating aspect, the requirements made on the state of the environment, and the significance of administrative provisions. Also treated are legal procedures in the Federal Laender and on an international level. (RST) [de

20 CFR 667.830 - When will the Administrative Law Judge issue a decision?

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false When will the Administrative Law Judge issue... Adjudication and Judicial Review § 667.830 When will the Administrative Law Judge issue a decision? (a) The ALJ... ARB must be decided within 180 days of acceptance. If not so decided, the decision of the ALJ...

Encyclopedia of Public International Law, 3 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 3 (A_M) and 4 (N-Z): Use of Force. War and Neutrality. Peace treaties. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1982

Hostile Work Environment: What Communication Administrators and Educators Can Learn from Communication-based Law.

Science.gov (United States)

Newburger, Craig

2001-01-01

Presents a consideration of sexual harassment laws that are intended to underscore the variety of heuristic possibilities offered by inquiry into communication-based laws, for both communication administrators and educators. Concludes that communication administration, communication education, and evolving communication-based legal standards and…

How Public Is Public Administration? A Constitutional Approach of Publicness

Science.gov (United States)

Ringeling, Arthur

2015-01-01

Both in Public Administration and in practice, there is a loss of the concept of public. A view became dominant in which markets were superior to governments and public to private. Not only did the esteem of the public sphere diminish, but also its significance in our reasoning and teaching. It became less clear what the public sphere stood for.…

29 CFR 580.15 - Responsibility of the Office of Administrative Law Judges for the administrative record.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Responsibility of the Office of Administrative Law Judges for the administrative record. 580.15 Section 580.15 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS CIVIL MONEY PENALTIES-PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES Referral for Hearing ...

Law and Politics, an Emerging Epidemic: A Call for Evidence-Based Public Health Law.

Science.gov (United States)

Ulrich, Michael R

2016-05-01

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

Nature and scope of public administration

Directory of Open Access Journals (Sweden)

Uchem, R.O.

2013-03-01

Full Text Available The success and survival of any organizations be they government or not is contingent upon group efforts and cooperation to achieve set goals. This paper discusses the nature and scope of public administration to say that in modern day societies, any administration in the public interest transcends beyond government circles and finds expression in other spheres of human endeavors including the church, mosques, postal services as well as international relations and diplomacy, respectively. The paper discusses the concepts of administration and public administration thereby creating a distinction between the two concepts. Furthermore, the understanding of the scope of administration through the various schools of thought have also been captured, the essence of which is to generate a clearer understanding of the discourse under review. The paper ends with conclusions.

Reporting ethics committee approval in public administration research.

Science.gov (United States)

Jordan, Sara R; Gray, Phillip W

2014-03-01

While public administration research is thriving because of increased attention to social scientific rigor, lingering problems of methods and ethics remain. This article investigates the reporting of ethics approval within public administration publications. Beginning with an overview of ethics requirements regarding research with human participants, I turn to an examination of human participants protections for public administration research. Next, I present the findings of my analysis of articles published in the top five public administration journals over the period from 2000 to 2012, noting the incidences of ethics approval reporting as well as funding reporting. In explicating the importance of ethics reporting for public administration research, as it relates to replication, reputation, and vulnerable populations, I conclude with recommendations for increasing ethics approval reporting in public administration research.

Public Consultation toward Ethiopia's Family Law Reform ...

African Journals Online (AJOL)

Mandefrot Belay

A comprehensive and open public consultation was conducted during the revision ... in Ethiopia which are expected to guide any legal reform process so that the ... law, the way in which public consultation forums were organized, and the ...

29 CFR 102.45 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents...

Science.gov (United States)

2010-07-01

... and Transfer of Case to the Board § 102.45 Administrative law judge's decision; contents; service... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...

29 CFR 102.153 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents...

Science.gov (United States)

2010-07-01

... Expenses § 102.153 Administrative law judge's decision; contents; service; transfer of case to the Board... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...

Re(De-Forming public administration: an expert outlook on reform planning in Romania

Directory of Open Access Journals (Sweden)

Diana-Camelia IANCU

2012-08-01

Full Text Available It has been argued that the West with its well-established democracies was largely responsible for the filling of the institutional vacuum the East experienced after the fall of totalitarian regimes in the eve of the 90s. Scholars of international relations and public policies loudly debated on the existent causality between the European enlargement and the administrative reforms Central and Eastern European countries experienced in the last two decades. Be it in the form of soft or hard law, financial aid or penalties, Western norms were supposed to have been transferred to acceding countries in a rather alert tempo, and with a high(er rate of compliance success. This research builds on these arguments without yet embracing them completely and tackles the issue of Western values successful transfer to public administration reform planning in Romania. The main question it attempts to answer is to what extent substantial compliance to the European expectations for building a consolidated public administration was achieved. In doing so, it compares formal national discourses of successful public administration reform with personal experiences of Romanian public managers, four years after Romania’s accession to the European Union. Between 2005 and 2008, the Romanian Government acknowledged the need for developing a highly professional, apolitical category of civil servants later to be called “public managers”. These managers, young people that were offered Governmental grants to train themselves in Western universities, were supposed to guide national reforms from the inside of the system. Their informal role was to use their Western academic and training experiences and place them against the national background so as to plan and execute a “good” public administration reform. Was this achieved? What were the intervening factors? The interviews performed on public managers from central government organizations are placed against the

Public Administration Programmes in The Netherlands

NARCIS (Netherlands)

J.C.N. Raadschelders; F.K.M. van Nispen tot Pannerden (Frans)

1999-01-01

textabstractPublic administration in The Netherlands is generally approached as a multi-disciplinary field of inquiry, especially in the social sciences. Some schools attempt a more integrating approach preserving the integrity of Public Administration as an academic discipline. Its focus is on: 1.

20 CFR 416.1429 - Hearing before an administrative law judge-general.

Science.gov (United States)

2010-04-01

... evidence, examine the evidence used in making the determination or decision under review, and present and... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Hearing before an administrative law judge-general. 416.1429 Section 416.1429 Employees' Benefits SOCIAL SECURITY ADMINISTRATION SUPPLEMENTAL...

The Atomic Law, the German Bundesrat and the administrative organisation

International Nuclear Information System (INIS)

Burgi, Martin

2011-01-01

Soon, the Federal Constitutional Court (Karlsruhe, Federal Republic of Germany) will deal with both the Eleventh Amendment of the Atomic Energy Act effecting the extension of the operating period of nuclear power plants as well as with the Twelfth Amendment of the Atomic Energy Act which in particular contains some security-related regulations due to European legal occasion. The emphasis is on the Article 87c of the Basic Law. According to Article 87c of the Basic Law, the legislation in the field of nuclear law requires the consent of the German Bundesrat. The possible of approval of both laws is subject to certain administrative organization legal circumstances. The sober investigation and evaluation of these circumstances in the context of Article 83 et seq. of the Basic Law results to the conclusion that the two amending laws do not require the consent of the German Bundesrat.

Contemporary Education for Public Administration

Directory of Open Access Journals (Sweden)

Ivan Koprić

2007-01-01

Full Text Available The paper examines the development of contemporary administrative education, as a crucial criterion without which it is not possible to achieve professionalism in public administration. While the term professionalism has a variety of meanings, today it is largely deemed that specific educational preparation is a foundation without which other elements of professionalism in public administration cannot be achieved. The level of professionalism, competence, education and knowledge thus become critical variables of administration reforms in transitional countries. Afterwards, the author examines the trends in the development of contemporary administrative education, pointing particularly to the importance of establishing a coherent, vertically passable system, i.e. a system which encompasses all levels of education – from secondary school education to doctoral studies. In this matter, one of the most important features in the development of administrative studies is their diversification, with simultaneous strengthening of the general administrative profile. Thus, the general administrative profile becomes modified, updated and extended by new teaching disciplines. In the final section of the paper, the author addresses the performance of administrative education in Croatia, pointing to its underdevelopment. Indeed, the author suggests that there are no sustainable results of reforms without the training of staff for administration.

Transitory provisions on public gas distribution in the light of the Marzano law

International Nuclear Information System (INIS)

Vedaschi, Arianna

2005-01-01

The article begins by describing community law on public gas distribution service, then it examines legislative decree 164/2000( also called Letta Decree), which implements directive no. 98/30/CE. This directive reforms the gas sector and in particular it reforms the way gas is distributed. Art. 14 of the Letta Decree states that the distribution of natural gas shall be a public service, contractors shall be selected through a public tender and contracts shall be stipulate for a maximum of 12 years. Thus it is evident that the new model is radically different from the previous one. Before, the service was provided by the local authorities (either directly or through a long-term lease); now the new model aims at liberalizing the market by out sourcing gas distribution. Out sourcing is carried out through a public tender and for short periods of time. In order to allow a gradual transition from the old model to the new one, the Letta Decree provides for a transitory period articulated in various phases. This has the aim of guaranteeing a balance between the interest of local authorities, on one hand and the firms that distributed gas before the reform came into effect, on the other. The first part of the article focuses on interpretative problems that arose after law no. 239/2004 (so called Marzano law) was passed. In the second half it compares the different judicial interpretations concerning: a) duration of the transitory period; b) possibility of increasing duration as provided for by art. 15, par.7 of legislative decree 164/2000; c) efficacy of the abrogation of art. 15, par.8 of legislative decree 164/2000 and finally d) whether advanced redemption of the gas distribution service is still possible. With regards to the transitory period, the article compares judgement no. 111/2005 by the Administrative Tribunal of Lombardia, with judgement no. 6187/2005 delivered by the Sixth Section of the State Council. It then argues that the prohibition of concentration has

Database Support for Research in Public Administration

Science.gov (United States)

Tucker, James Cory

2005-01-01

This study examines the extent to which databases support student and faculty research in the area of public administration. A list of journals in public administration, public policy, political science, public budgeting and finance, and other related areas was compared to the journal content list of six business databases. These databases…

PARTICULARITIES OF THE HUMAN RESOURCE MOTIVATION IN PUBLIC ADMINISTRATION

Directory of Open Access Journals (Sweden)

IOAN CONSTANTIN DIMA

2010-01-01

Full Text Available The notion of public administration bears several acceptations, an activity one, of functional meaning and an organisational one. In both ways, public administration is indissolubly connected to the state. In default of the state, there is no public administration, as this is a state activity, performed by government bodies. This affirmation is confirmed by the stipulations of the Romanian Constitution, called public Authorities, chapter V, titled Public Administration. The first section intended for the specialised central public administration (ministry, other central bodies, and a second section is dedicated to the local public administration (county councils, local councils, mayors. There is no doubt that both sections refer to government bodies performing a state activity, so that the central specialised bodies of the public administration as well as the local bodies of the public administration are government bodies, and the activity they perform is a state one.

Governmental control of public expenditure in the constitutional State: thoughts regarding General Comptroller sanctioning powers approval on functional administrative responsibility

Directory of Open Access Journals (Sweden)

Erika García Cobián Castro

2013-12-01

Full Text Available Constitutional doctrine has little addressed on the General Comptroller of the Republic and its controlling function of public resources execution and management. Efforts have been made to explain this situation in other realities, regarding high budgetary, accounting and auditing content needed to carry out auditing activities constitutionally assigned to this kind of entities. Nevertheless, identifying competences of the General Comptroller of the Republic and its nature of autonomous constitutional body shapes an important expression of Constitutional State and the principle of powers division. This entity controls State’s Public Budget execution contributing to constitutional property protection, legality of budget implementation and the appropriate management of public resources, also the «efficiency» of social needs, proper functioning of public administration and prevention of corruption, among others duties. This article analyzes the constitutional mission of the General Comptroller in a Constitutional State promoting the process of given a constitutional status to the legal system in its area of influence, also optimizing constitutional properties protected. For such purpose, the 29622 recent law («Law that modifies the 27785 Organic Law of National Control System and the General Comptroller of the Republic extending powers in order to sanction in accordance of functional administrative responsibility» shall be used as object of constitutional analysis.

ELECTRONIC ACCOUNTING INFORMATION IN LOCAL PUBLIC ADMINISTRATION

Directory of Open Access Journals (Sweden)

Rodica Gabriela Blidişel

2012-01-01

Full Text Available Major changes in information technologies characterize the current period through which humanity creates the conditions shift from information society to the knowledge. In this context of the changing of the public administration through the implementation of ITC and the reform that lead to the new public management, our paper wants to see the development of E-governance in Romanian local public administration and the influence of the main financial indicators on e-governance elements. Countries adopt e-governance in ways that reinforce traditional bureaucratic structures, cultures and links from administration to citizens and politics, in some cases making these traditional forms more responsive. The paper studies the accounting information disclosed on the internet sites of public sector entities. The research use an empirical approach to test impact of the quality of accounting information on e-financial reporting in public sector. The research use a quantitative methodology, based on surveys and author's observations. The methods chosen in this paper are reliable for this empirical study that tries to identify at a national level the problems that could improve the financial information disclosed by the public sector. The paper aims to measure the financial performance in local public administration and the main indicators of e-governance. The main objective of the paper is to make a model that demonstrates the impact of the local public administration financial performance on the e-governance. Due to the fact that the main problem of the Romanian local public administration is the lack of performance tools that could improve the e-governance, the research wants use an empirical approach to test the impact of the financial performance on the local public administration on e-governance. The research use a quantitative methodology, based on surveys and author's observations.

20 CFR 404.929 - Hearing before an administrative law judge-general.

Science.gov (United States)

2010-04-01

... evidence used in making the determination or decision under review, and present and question witnesses. The... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Hearing before an administrative law judge-general. 404.929 Section 404.929 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE...

Public Policy Exceptions in European Private Law : A New Research Project

NARCIS (Netherlands)

Colombi Ciacchi, Aurelia

2014-01-01

Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private

Exponential and power laws in public procurement markets

Czech Academy of Sciences Publication Activity Database

Krištoufek, Ladislav; Skuhrovec, J.

2012-01-01

Roč. 99, č. 2 (2012), 28005-1-28005-6 ISSN 0295-5075 R&D Projects: GA ČR GA402/09/0965 Grant - others:GA UK(CZ) 118310; SVV(CZ) 265 504; GA TA ČR(CZ) TD010133 Institutional support: RVO:67985556 Keywords : Public procurement * Scaling * Power law Subject RIV: AH - Economics Impact factor: 2.260, year: 2012 http://library.utia.cas.cz/separaty/2012/E/kristoufek-exponential and power laws in public procurement markets.pdf

Project Management in Public Administration. TPM – Total Project Management Maturity Model. The Case of Slovenian Public Administration

Directory of Open Access Journals (Sweden)

Gordana ŽURGA

2018-02-01

Full Text Available The purpose of the article is to present the importance of project management for the functioning of public administration, and its contribution to the realization of the developmental goals of the government. For this, integration of strategic management and project management is of vital importance. The methodology used is a combination of literature review, a case study of project management in public administration of the Republic of Slovenia, and development of a maturity model of project management in public administration, with its verifi cation on the case of Slovenia. The main contribution of the study is development of TPM – Total Project Management maturity model for public administration. Upon the TPM maturity model, project management in Slovene public administration is assessed and discussed. Out of fi ve maturity levels, the results for project management in Slovene public administration are: management of projects – level 2 (initiated, management of programs of projects – level 2 (initiated, management of portfolios of projects – level 3 (implemented, organizational support for project management – level 3 (implemented, HRM for project management – level 2 (initiated, and integration of project management and strategic management – level 3 (implemented. General fi ndings and recommendations in this respect are drawn, together with indicated areas for possible further research and investigation.

Introduction to the Virtual Issue on Behavioral Public Administration

DEFF Research Database (Denmark)

Tummers, Lars; Olsen, Asmus Leth; Jilke, Sebastian

2016-01-01

For public administration scholars, psychological theories and methods can be extremely helpful, especially when studying attitudes or behaviors of (groups of) citizens, public professionals, or public managers. Behavioral public administration explicitly connects public administration...

Introduction to the Virtual Issue on Behavioral Public Administration

NARCIS (Netherlands)

Tummers, Lars; Leth Olsen, Asmus; Jilke, Sebastian; Grimmelikhuijsen, S.G.

2016-01-01

For public administration scholars, psychological theories and methods can be extremely helpful, especially when studying attitudes or behaviors of (groups of) citizens, public professionals, or public managers. Behavioral public administration explicitly connects public administration and

The functions of participation of the public in administrative procedures concerning large-scale projects

International Nuclear Information System (INIS)

Ronellenfitsch, M.

1989-01-01

On the basis of the concepts of positive law and the dogmatic nature of law, the author examines the functions of participation of the public (purpose, intent) with a view to the type of administrative decisions to be taken, distinguishing between licensing and planning decisions. He discusses in particular the functions of information, participation, pacification, and legal protection. Legal protection is the example revealing the decisive difference in the two types of procedure. Balancing of legal protection is the goal, and if legal protection is made an issue already in the planning procedure, care must be taken to maintain balanced legal protection. (HSCH) [de

49 CFR 1515.11 - Review by administrative law judge and TSA Final Decision Maker.

Science.gov (United States)

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Review by administrative law judge and TSA Final... Review by administrative law judge and TSA Final Decision Maker. (a) Scope. This section applies to the following applicants: (1) An applicant who seeks review of a decision by TSA denying a request for a waiver...

Administrative and Judicial Cooperation in France

NARCIS (Netherlands)

Vervaele, J.A.E.

2002-01-01

There is very little knowledge in the Netherlands of how economic private law and public law are enforced in France. In France too, however, scant information can be gleaned. There is little if any contact in the university community between criminal law and administrative law, partly because

The exceptional clauses in the contractual activity on the public administration: freedom of choice or legislative imposition

Directory of Open Access Journals (Sweden)

Néstor David Osorio Moreno

2013-12-01

Full Text Available The contracting activity of public administration in Colombia has generally allowed, by order of constitutional and legislative norms, the application of the principle of autonomy, so that those subjects within a public legal transaction can build and establish the conditions governing their contract. The scope of the principle of autonomy must be analyzed and subjected to reflection, especially considering the institution of exception clauses in common law used by State agencies and their legal relationship with contractors. The existence of exception clauses has been justified by the interests of the State (and in particular the public interest without strictly analyzing the essence of the figure. The application of this institution in contractual relations of the State has advanced greatly, but it is still uncertain if the true nature of the figure is caused by the autonomy of the parties in order to celebrate the contract, or if it comes as privileges conferred and imposed by the legislator as a way to concise the principle of legality. This paper concludes that exception clauses in common law, clearly applied in contractual activity within public administration, consist of special privileges imposed by the legislator to State entities, and are therefore opposed to the essence of the clause and the principle of autonomy.

An Approach to the Study of the Subject of Administrative Law

Directory of Open Access Journals (Sweden)

Ronald Pacheco-Reyes

2017-06-01

Full Text Available Based on the revision of theories that have arisen around the existence of the administrative law over the years and, taking into account the scientific, social, economic and political environment in which they have been presented, this paper proposes a contextual perspective to approach the study of the subject of this discipline. This perspective allows one to understand such theories not as a range of right and/or wrong theories, but as a reflection of each particular historical moment. With this premise arises the need for reflection on the current environment of Administrative Law and the rethinking of the classical tools used for its study.

The Notice on the Notion of State Aid and Public Procurement Law

DEFF Research Database (Denmark)

Ølykke, Grith Skovgaard

2016-01-01

uncertainty. Then the elaborations made in the Notice on the notion of aid concerning the relation between the two areas of law are analysed and discussed, in particular, first, the question whether adhering to the procurement procedures laid down in the public procurement directives will eliminate the risk......The Commission Notice on the notion of State aid includes elaboration on the relationship between State aid law and public procurement law. To begin with, the article examines some of the reasons why the relationship between State aid law and public procurement law is surrounded by legal...... of granting State aid and, second, the issues rising from State aid control of in-house situations. It is concluded that even though the Notice on the notion of aid brings some needed clarity that fosters coherence between State aid law and public procurement law, the existing legal uncertainty is not even...

Public and Private School Principals' Knowledge of Special Education Law

Science.gov (United States)

Boyd, Marie Nicole

2018-01-01

The purpose of this study is to examine the knowledge of special education law held by public and private school principals as the law pertains to providing the appropriate services to students with disabilities. Numerous studies have investigated public school principals' level of preparation, training, and role within in special education law.…

20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Science.gov (United States)

2010-04-01

... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...

5 CFR 2430.12 - Administrative Law Judge's decision; contents; service; transfer of case to the Authority...

Science.gov (United States)

2010-01-01

... Administrative Law Judge's decision and of the order transferring the case to the Board shall be complete upon... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge's decision; contents; service; transfer of case to the Authority; contents of record in case. 2430.12 Section 2430.12...

29 CFR 2704.307 - Decision of administrative law judge.

Science.gov (United States)

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Decision of administrative law judge. 2704.307 Section 2704.307 Labor Regulations Relating to Labor (Continued) FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS Procedures for Considering...

RELATIONS WITH THE PUBLIC VERSUS PUBLIC RELATIONS IN LOCAL PUBLIC ADMINISTRATION

Directory of Open Access Journals (Sweden)

Bente Florina Maria

2010-12-01

Full Text Available Concomitant with the evolution of society, public relations are socially expressed only together with the explicit articulation of public categories and public organizations, once the individual becomes a citizen whose satisfaction is at the core of the public systems preoccupations, ignoring times long gone when the ordinary citizen and the majority of the public administration representatives couldnt tell apart the concept of public relations from that of relations with the public.

29 CFR 1955.12 - Administrative law judge; powers and duties.

Science.gov (United States)

2010-07-01

... U.S.C. 554-557 (hereinafter called the APA). (b) On any procedural question not otherwise regulated by this part, the Act, or the APA, the administrative law judge shall be guided to the extent...

Alaska Public Offices Commission, Department of Administration, State of

Science.gov (United States)

Visiting Alaska State Employees State of Alaska Department of Administration Alaska Public Offices Commission Alaska Department of Administration, Alaska Public Offices Commission APOC Home Commission Filer ; AO's Contact Us Administration > Alaska Public Offices Commission Alaska Public Offices Commission

29 CFR 502.37 - Referral to Administrative Law Judge.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Referral to Administrative Law Judge. 502.37 Section 502.37 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF...

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Science.gov (United States)

2010-07-01

... Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration... ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION... Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority. In a case arising under...

Coded Statutory Data Sets for Evaluation of Public Health Law

Science.gov (United States)

Costich, Julia Field

2012-01-01

Background and objectives: The evaluation of public health law requires reliable accounts of underlying statutes and regulations. States often enact public health-related statutes with nonuniform provisions, and variation in the structure of state legal codes can foster inaccuracy in evaluating the impact of specific categories of law. The optimal…

PUBLIC PROCUREMENT IN GHANA: THE IMPLEMENTATION CHALLENGES TO THE PUBLIC PROCUREMENT LAW 2003 (ACT 663

Directory of Open Access Journals (Sweden)

Ameyaw, Collins

2012-08-01

Full Text Available The purpose of this study was to identify various implementation bottlenecks to the Ghana Public Procurement Law 2003 (Act 663. The study adopted multiple research approaches, including; review of relevant literature, interviews and questionnaire survey of 49 District Assemblies and Metropolitan and Municipal Assemblies in the Ashanti and Brong Ahafo Regions of Ghana. The study identified low capacity of procurement professionals, low interaction between procurement entities and Public Procurement Authority (PPA, deliberate controlling of competition, non-compliance with provisions of the law, splitting of contracts into smaller lots, lack of funds and non-cooperativeness of suppliers, as the major challenges militating against the implementation of the Public Procurement Law.

Ethics in Public Administration: Evidence from Slovenia

Directory of Open Access Journals (Sweden)

Zlatko NEDELKO

2013-12-01

Full Text Available The main purpose of this paper is to examine how employees’ personal ethics, expressed through their personal values and attitudes toward social and environmental issues, are associated with the ethics of organizations in public administration. The authors introduce their own theoretical model that examines the relations between employees’ personal ethics – expressed through employees’ personal values and attitudes toward natural and social environments – and the ethics of public administration. The reported study examined these relations and tested a proposed model based on the answers of 212 employees from public administration organizations in Slovenia. Employees’ attitudes toward natural and social environments and the ethics of their organizations were measured using a questionnaire designed to measure aspects of ethics whereas personal values were measured using the Schwartz value survey. The results demonstrated that employees’ self-enhancing values significantly influence their attitudes toward the natural environment. Employees’ self-transcendence and self-enhancement values significantly influence their attitudes toward the social environment and the ethics of organizations. In addition, research results about the mediation effect of employees’ attitudes toward natural and social environments on the association between the employees’ personal values and their perception of the ethics of public administration organizations reveals that employees’ social attitudes have a significant impact on the ethics of public administration while the impact of self-transcending and self-enhancing values becomes insignificant. Based on results of testing our model we can conclude that the employee’s attitudes toward to the social environment represent a significantly more powerful predictor of ethics in public administration organizations than the employees’ personal values. These results present a solid basis for further

75 FR 27855 - Certifications Pursuant to Section 609 of Public Law 101-162

Science.gov (United States)

2010-05-18

... DEPARTMENT OF STATE [Public Notice 7013] Certifications Pursuant to Section 609 of Public Law 101... Law 101-162 (``Section 609''), that 13 nations have adopted programs to reduce the incidental capture... 609 of Public Law 101-162 prohibits imports of certain categories of shrimp unless the President...

CITIZEN’S PARTICIPATION IN THE PROCESS OF PUBLIC ADMINISTRATION

Directory of Open Access Journals (Sweden)

FOTESCU VASILE

2015-09-01

Full Text Available The author reveals, in the article, the importance of transparency in the process of public administration. In the centre of attention is the citizen, who has the right to access information, the right to make his opinion known, and the right to take part in the decisional process. The citizen’s participation supposes the realization of four requirements: transparency of administra­tion, passing on the information, reception of information and the involvement of the citizen in the decisional act. Further is analysed the normative act: «The Law regarding transparency in the decisionalprocess» no 239-XV approved on 13.11.2008. The author suggests ways of improving it. There are revealed some of the recommendations mentioned in « The white Book of Good Governing» elaborated by the European Commission, where are discussed the basic principles, which should be respected by the public authorities, as well as the procedures of public consultation within the European Union. In conclusion the author considers that the Government of the Republic of Moldova has undertaken a series of complex activities regarding institutional transparency, but we cannot yet speak about a productive dialogue between the public autho­rities and citizens.

20 CFR 405.340 - Deciding a claim without a hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

....340 Deciding a claim without a hearing before an administrative law judge. (a) Decision wholly... the decision is based. (b) You do not wish to appear. The administrative law judge may decide a claim... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a claim without a hearing before an...

How does administrative law cope with scientific and technological developments?

International Nuclear Information System (INIS)

Ronellenfitsch, M.

1989-01-01

The contribution discusses the means available to administrative law in coping with scientific and technological developments. The potentials and chances of technology are reviewed in contrast to the immanent risks, and technology and law are discussed in their interactive relations. The role of the law is explained with regard to supervisory and controlling functions, referring to practical examples (licensing of installations, biological and genetic engineering, information and communication science and technology). The author discusses the efficiency of control (preventive prohibition subject to possible licensing, averting danger, preventing risks, strict liability regimes, planning laws), as well as the time problem (protection of existing rights, stepwise licensing procedures, subsequent instructions and supervision), and judical review. Finally, the author discusses the ways technology may win (improvement of acceptance procedures, judicial control) and the rather unsatisfactory conditions today. (RST) [de

Public Administration Theoretical Aspects Disputes in Legal Science of the Second Half of XX – Early XXI Centuries

Directory of Open Access Journals (Sweden)

Ol'ga D. Karnaukh

2013-01-01

Full Text Available The article is focused on comparative aspect of different approaches to the “public administration” notion in the legal science of the second half of the XX – early XXI centuries. The author came to a conclusion that the study of many pre-revolutionary, Soviet and modern scientists’ views of the problem of public administration notion definition, its structure, functional orientation and territory administration features allows to conclude that different approaches to its understanding, developed by pre-revolutionary scientists objectively survived, were affected by class ideology in Soviet period and are influenced by the paradigm of law-governed democratic state at present.

Rethinking Public Administration Professionalism in Nigeria

African Journals Online (AJOL)

Nneka Umera-Okeke

The mission statement of Nigerian public administration anchors on providing a ..... to incorporate into the Revised Public Service Rules and Financial ... in Africa is intended to consolidate rules for professional work ethic so that the public.

Usability of Public Administration Electronic Forms

Directory of Open Access Journals (Sweden)

Miloslav Hub

2015-06-01

Full Text Available This paper is focused on the testing and evaluating of public administration electronic forms from the usability point of view. Its objective is to design a suitable methodology for usability testing of electronic forms and their description and distribution to public administration information systems professionals. Firstly, methods of usability engineering are summarized and a suitable method for usability testing and evaluation of electronic forms is selected. Farther, the methodology of electronic forms usability testing that uses the selected method is suggested. In the last part of the paper the case study that uses the proposed methodology is suggested and performed. The main benefit of the work is the design of testing methodology and proposition of the set of recommendations for new public administration electronic forms design.

Knowledge Transfer and Teaching Public Administration: The Academy Model

Science.gov (United States)

Hall, Michael

2015-01-01

Since the beginnings of Public Administration in the US and its accompanying education in other parts of the world, government and policy have become more complex. The education in Public Administration created a professional pathway to public service. The addition of education to Public Administration came out of the Progressive Movement in the…

7 CFR 1901.507 - Certificates of beneficial ownership issued by the FmHA or its successor agency under Public Law...

Science.gov (United States)

2010-01-01

... Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS... Farmers Home Administration or its successor agency under Public Law 103-354. The rate of interest paid on... social security number. (2) The registration of all certificates owned by the same person, organization...

[Public control and equity of access to hospitals under non-State public administration].

Science.gov (United States)

Carneiro Junior, Nivaldo; Elias, Paulo Eduardo

2006-10-01

To analyze social health organizations in the light of public control and the guarantee of equity of access to health services. Utilizing the case study technique, two social health organizations in the metropolitan region of São Paulo were selected. The analytical categories were equity of access and public control, and these were based on interviews with key informants and technical-administrative reports. It was observed that the overall funding and administrative control of the social health organizations are functions of the state administrator. The presence of a local administrator is important for ensuring equity of access. Public control is expressed through supervisory actions, by means of accounting and financial procedures. Equity of access and public control are not taken into consideration in the administration of these organizations. The central question lies in the capacity of the public authorities to have a presence in implementing this model at the local level, thereby ensuring equity of access and taking public control into consideration.

Nuclear law and public acceptance

International Nuclear Information System (INIS)

Muguet, Tania Mara F.

2009-01-01

After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

Nuclear law and public acceptance

Energy Technology Data Exchange (ETDEWEB)

Muguet, Tania Mara F. [Comissao Nacional de Energia Nuclear (CNEN), Rio de Janeiro, RJ (Brazil). Coordenacao Geral de Assuntos Internacionais], e-mail: tmuguet@cnen.gov.br

2009-07-01

After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

How to Develop Sustainable Public Administration Reforms

Directory of Open Access Journals (Sweden)

Liviu RADU

2015-02-01

Full Text Available Public administration reform and reform in general is a never ending story. The human so-cieties are evolving and so do their needs. Pub-lic administration has to keep the pace with the changes that are taking place in society. Specifc issues like ageing of the population and the mi-gration from small to larger communities, or from poor to wealthy regions are placing supplemen-tary burdens on modern administrative systems for decades. The economic crisis that started in 2008 made administrative matters even more complicated. Functional economies and consol-idated democracies proved to be vulnerable to what was considered by many as a market failure. The crisis and the responses of the governments around the world raised a number of questions related to the role that state and public authority in general should play in a modern democracy. The paper is briefy exploring the challenges that administrative systems from the new European Union member states and from the candidatestates were or are facing in their attempt to meet the requirements of the European Union mem-bership, and is proposing a challenging measure: the development of an acquis communautaire for the feld of public administration and consequent-ly the establishment of a correspondent structure inside the European Commission. The acquis communautaire will comprise of a minimum set of principles, widely accepted, that should rep-resent a ‘to do list’ for new member states that are having diffculties in promoting a sound and sustainable reform in public administration.

Administrative procedure by stages in the field of environmental law

International Nuclear Information System (INIS)

Salis, S.

1991-01-01

Governmental decisions concerning large-size projects with an impact on the environment and regional structure always have to cope with particularly complex conflicts of interest. Such projects therefore are not decided or licensed by one single move or act, but there are administrative procedures by stages provided for by the law. The procedure for licensing by stages creates a number of legal problems, especially concerning legal protection against partial licences, and their legal nature and binding effect. The author develops in this book an interdisciplinary system of rules of law and practice for procedure by stages, and presents a proposal for a more uniform approach and legislation. The book thus is a contribution towards in-system harmonisation of the procedural environmental law. (orig.) [de

Case law and administrative decisions

International Nuclear Information System (INIS)

Anon.

2005-01-01

About the case law we find four parts, one concerns France and the judgement of the council of state on an application for annulment of the decree of 10 january 2003 authorizing Cogema to modify a major nuclear installation, a second one is in relation with the Usa through the ruling in relation to the sale of uranium enrichment services in the united States, decision concerning the Yucca mountain repository, Indiana michigan power company v. United States, natural resources defense council, snake river alliance, confederated tribes and bands of the Yakama indian Nation, Shoshone Bannock Tribes v. Abraham. For the third part devoted to European union it is question of the judgement of the European Court of justice in European union v. UK, the fourth part concerns administrative decisions with the early shutdown of Barsebaeck-2 in Sweden. (N.C.)

The Communication in Public Administration in Urban Areas

Directory of Open Access Journals (Sweden)

Dorina Ţicu

2012-05-01

Full Text Available The aim of this paper is to underline the role of communication in the public institutions byidentifying the characteristics and peculiarities of the process of public administration, starting from thecharacteristics of administrative process and from those of organizational behavior in urban areas identifiableat the level of each public institution. The study of the dimensions such as the actors and the stakeholdersinvolved in the administrative process, the goals and the objectives of the administrative evaluation, thecriteria and the techniques of communication and all interpersonal hierarchies established, all of these can beconsidered variables that can offer distinction to the communication process in public administration, whetherwe speak about inter-institutional communication or intra-institution alone or about that one from the publicadministration to citizens. This article aims to underlie the characteristics of the communication process inpublic administration based on a quantitative study which appeals to the variables previously set and that canbecome models or labels for subsequent specialized studies.

THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Valentine Charlotte ENE

2014-06-01

Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

20 CFR 655.445 - Secretary's review of administrative law judge's decision.

Science.gov (United States)

2010-04-01

..., DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H-1A... interested party desiring review of the decision and order of an administrative law judge shall petition the...

Public Supervision over Private Relationships : Towards European Supervision Private Law?

NARCIS (Netherlands)

Cherednychenko, O.O.

2014-01-01

The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of

The Analysis of Public Administration Reforms in Macedonia and the Evaluation of the Performance of Public Administration by the European Commission

OpenAIRE

Abdula Azizi

2011-01-01

The objective of this paper is to underline the deficiencies in the funcioning of Public Administration in the Republic of Macedonia. The issue of Public Administration reforms in Macedonia has been dealt with by other scholars, but the European Commission reports have not been analyzed years after receiving the status of candidate country for EU membership. The results will reflect the realistic assessments and objective perceptions of citizens about the functioning of Public Administration,...

Comparing Administrative Satisfaction in Public and Private Higher Education.

Science.gov (United States)

Volkwein, James Fredericks; Parmley, Kelli

This study examined job satisfaction among administrators in public and private higher education. Data on nearly 1,200 administrators, ranging from directors to presidents, was obtained through surveys of 120 public and private universities. It was found that both public and private higher education administrators were most satisfied with the…

Some disjointed observations on federal public-land and resources law

Energy Technology Data Exchange (ETDEWEB)

Coggins, G.C.

A review of the evolution of public-land law and policies concludes that: (1) Public-land and resources law cannot be divorced from history; in spite of recent developments, one cannot understand present problems without understanding their historical derivation. (2) Public-land management will always be as controversial as it is interesting because the perfect balance of resource uses in unattainable. (3) Multiple-use, sustained-yield management has failed; instead, like Christianity, it has never really been tried. (4) From the ecological maxim that everything is connected to everything else comes the notion that the isolation of public-land and resources law as a field of study is inherently artificial. Developments off federal lands that seem unrelated to them will heavily influence public-land policy: recreation pressures could decline in rough inverse proportion to gasoline prices; horizonal divestiture of oil companies would change the whole coal picture; mandatory recycling could lower demand for all virgin resources; and so on. Some notion of conservation is almost certainly going to be among the Nation's highest priorities in the next several decades.

Living apart together: the relationship between public and private international law

NARCIS (Netherlands)

de Boer, T.M.

2010-01-01

There have been times when public and private international law were closely related. As a means to solve conflicts of sovereign jurisdiction, conflicts law used to be considered as an integral part of the law of nations. Even after Savigny shifted the focus of private international law from the

Chronicle of administrative law enforcement in the energy market. Part 1

International Nuclear Information System (INIS)

Van Leeuwen, E.W.T.M.; De Rijke, M.

2012-01-01

In addition to the Netherlands Competition Authority (NMa), the Netherlands Consumer Authority (CA) also regulates the energy market in the area of consumer rights. Both organizations will merge into the Consumer and Market Authority (ACM). This article provides an overview of the powers of the NMA and CA in relation to law enforcement as shaped by the various laws and law amendments. By means of settlement practices and the administration of justice, an overview is given of the main developments in law enforcement. In this first part, attention is paid to the enforcement instruments of both regulators and one instrument is examined in more detail: the injunction. Part two addresses the order for penalty payment, the civil penalty and the modification and revocation of licenses and exemptions. [nl

36 CFR 1270.50 - Consultation with law enforcement agencies.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Consultation with law enforcement agencies. 1270.50 Section 1270.50 Parks, Forests, and Public Property NATIONAL ARCHIVES AND RECORDS ADMINISTRATION PRESIDENTIAL RECORDS PRESIDENTIAL RECORDS Presidential Records Compiled for Law Enforcement Purposes § 1270.50 Consultation with...

20 CFR 416.1448 - Deciding a case without an oral hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

... § 416.1448 Deciding a case without an oral hearing before an administrative law judge. (a) Decision... the decision is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...

20 CFR 404.948 - Deciding a case without an oral hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

....948 Deciding a case without an oral hearing before an administrative law judge. (a) Decision wholly... is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide a case on... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...

The development and effectiveness of international administrative law on the occasion of the thirtieth anniversary of the World Bank Administrative Tribunal

CERN Document Server

2012-01-01

International administrative law, or more precisely the law of the international civil service, has been the focus of increased attention in recent years. A part of the discussion has focused on the design of the justice mechanisms of international organizations, exemplified by the overhaul of the internal justice system of the United Nations in 2009. The internal justice systems of some international organizations have been subjected to scrutiny before some national courts, and the role and contribution of international administrative tribunals to the development of the law continue to be an important part of discussions of good governance and accountability of international organizations. The essays in this book, written by judges, practitioners, academics and other experts, address these and other issues.

20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Science.gov (United States)

2010-04-01

... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

Case law and administrative decisions

International Nuclear Information System (INIS)

2003-01-01

Some extracts of case law: ruling of the Supreme Administrative Court on the decision to shut units 3 and 4 of Kozloduy nuclear power plant (Bulgaria), judgement of the County Court of Cherbourg concerning the import of spent fuel to La Hague (France), judgement of the Nagoya High Court on the invalidity of the licence to establish the Monju reactor, judgement of the Mito District Court issuing penalties in respect of the Tokai-Mura accident, the Principle of justification: the application of the Principle to the Manufacture of MOX fuel in the UK, Ruling of the US Court of International trade in relation to the sale of uranium enrichment services in the United States, Commission v Council Accession of the Community to the Convention on nuclear safety, government decision not to appeal court ruling on the continued operation of the Borssele nuclear power plant. (N.C.)

School Transportation Issues, Laws and Concerns: Implications for Future Administrators

Science.gov (United States)

Durick, Jody M.

2010-01-01

Nearly all building administrators are confronted with a variety of transportation issues. Challenges, concerns and questions can arise from various aspects, including student misbehaviors, transportation laws and its implications at the school level, to importance and implementation of a school bus safety program. As new and upcoming future…

Public Values in Water Law: A Case of Substantive Fragmentation?

OpenAIRE

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various institutional levels. This article assesses whether there is substantive fragmentation in water law at the international, the European, the sub-regional (Danube River Basin), and the Dutch domestic level. ...

Home, Office of Public Advocacy, Department of Administration, State of

Science.gov (United States)

Visiting Alaska State Employees State of Alaska Department of Administration Division of Office of Public Advocacy Alaska Department of Administration, Office of Public Advocacy Home Programs Sections Forms Vendor Support Search Office of Public Advocacy State of Alaska Administration > Office of Public Advocacy

Public Support for Weight-Related Antidiscrimination Laws and Policies.

Science.gov (United States)

Hilbert, Anja; Hübner, Claudia; Schmutzer, Gabriele; Danielsdottir, Sigrun; Brähler, Elmar; Puhl, Rebecca

2017-01-01

Weight-related discrimination is prevalent and associated with health impairments for those who are targeted, which underscores the need of antidiscrimination legislation. This study is the first to examine public support of weight-related antidiscrimination laws or policies in Germany, compared to the US and Iceland. In a representative German population sample (N = 2,513), public support for general and employment-specific weight-related antidiscrimination policies, weight-based victimization, and weight bias internalization were measured through established self-report questionnaires. Half of the German population sample agreed with antidiscrimination policies. General antidiscrimination laws received lower support than employment-specific laws. Support for policies considering obesity a physical disability was greatest in Germany, whereas support for employment-specific antidiscrimination laws was lower in Germany than in the US and Iceland. Total support for weight-related antidiscrimination policies was significantly predicted by lower age, female gender, obese weight status, residence in West Germany, church membership, and readiness to vote in elections. German support for weight-related antidiscrimination policies is moderate. Increasing awareness about weight-related discrimination and laws prohibiting this behavior may help to promote policy acceptance. © 2017 The Author(s) Published by S. Karger GmbH, Freiburg.

Reflections and Challenges for the Public Administration Community

Science.gov (United States)

Bouckaert, Geert

2013-01-01

The question of whether the field of public administration education is prepared for the future of the public sector in Europe is a complex one, which needs to be unpacked to give a grounded answer. Unpacking this question means that there needs to be discussions on not just what educating the field of public administration means, but also…

Radioactive waste management: a summary of state laws and administration. Revision 3

International Nuclear Information System (INIS)

1984-02-01

This is the third update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the second update (15 July 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. In general, the information in this report is accurate as of January 1, 1984

Community energy systems and the law of public utilities

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Nebraska governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitiled ''Community Energy Systems and the Law of Public Utilities--Volume One: An Overview.'' This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Theories and stories in African public administration

NARCIS (Netherlands)

Itika, J.; Ridder, de K.; Tollenaar, A.

2011-01-01

Public administration in developing countries is administration in transformation. The main concepts that guide this transformation are universal. Yet those concepts are most often presented in Western literature, embedded in Western administrative practice. This book provides an overview of these

The Accidental Federal Agency: On the Dismantle of Constitutional Dispositions Concerning Brazilian Higher Educational System by Administrative Law and its Effects on the Federal Universities

Directory of Open Access Journals (Sweden)

Davi Monteiro Diniz

2015-12-01

Full Text Available The  Brazilian  Federal  Constitution  of  1988  establishes  the  autonomy  of  Brazilian universities. Moreover, it commands that the universities should not disassociate their activities in teaching, research and extension. This paper considers whether the current administrative law allows the Brazilian public federal universities to accomplish these goals. Departing from the legal approach of these federal universities as executive (administrative agencies, this paper analyzes the main effects of such legal status on the capacity of federal universities  to  fulfill  their  academic  mission,  revealing  a  persistent  gap  between  the constitutional  prescriptions  and  the  administrative  law  concerning  Brazilian  federal universities. It concludes that such legislative discrepancy is clearly detrimental to the constitutional order.

Local ordinances as an instrument of social exclusion: the regulation affecting the homeless is administrative law of the enemy

Directory of Open Access Journals (Sweden)

Eduardo Melero Alonso

2017-03-01

Full Text Available This paper discusses local ordinances, especially the so-called coexistence ordinances, to the extent they affect the daily activities of the homeless. There are three areas of regulation: the prohibition of begging; a ban on sleeping, washing and perform physiological needs in public spaces; and the prohibition of sorting through garbage. This regulation is subjected to a critical analysis, focusing on the fact that has an impact on the fundamental rights of the homeless. The basic parameters of control are the reserve of law and, above all, the principle of proportionality. The conclusion reached is that, in many cases, this regulation is not only illegal, it can also be included within the category Administrative Law of the enemy.

Administrative law judge as a watchdog for air quality

International Nuclear Information System (INIS)

Schutte-Postma, L.; Van Wee, B.

2005-01-01

Insight is given on the correctness of judgements of the judge for the administrative law in the Netherlands with regard to air quality and the discontinuation of related spatial planning and building and construction projects. Also attention is paid to the new Decree on Air Quality, including the regulation on balancing. This regulation implies that deteriorated air quality in one place must be compensated by improved air quality somewhere else [nl

Five challenges for public administrations in Europe

Directory of Open Access Journals (Sweden)

Ongaro Edoardo

2015-12-01

Full Text Available This article examines five ‘challenges’ facing most administrative systems across Europe. The first challenge stems from the increasingly asymmetric nature of European multilevel governance; the second challenge arises from the missed opportunity of reforming in the absence of a dominant administrative paradigm; the third challenge lies in rescuing and transforming the welfare state; the fourth challenge is concerned with making the most of the knowledge generated in the field of strategic management for strategically managing public services; the fifth challenge lies in staff (demotivation. These challenges are pitched at very different levels: some are related to issues of public governance, some to issues of scholarly and practitioners’ collective understandings of public administration in Europe, and some to trends in the global economy, and notably the financial, economic and fiscal ‘crises’.

Development of Systematic Knowledge Management for Public Health: A Public Health Law Ontology

Science.gov (United States)

Keeling, Jonathan

2012-01-01

The Institute of Medicine has stated that legal structures and the authority vested in health agencies and other partners within the public health system are essential to improving the public's health. Variation between the laws of different jurisdictions within the United States allows for natural experimentation and research into their…

Discrimination in Public Employment: The Evolving Law.

Science.gov (United States)

McCarthy, Martha M.

This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

Financial Strategies for the Romanian Local Public Administration

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Attila GYÖRGY

2011-02-01

Full Text Available Public administration reform at all governmental levels constitutes an important component of the transformation process from a centralized system to democratic governance. This process involved important legislative and institutional changes in order to fulfill the principles of a market economy and the European Union standards based on transparency, predictability, accountability, adaptability and effectiveness. Therefore, in a continuing extension of the citizens’ needs, Romanian public administration reform, especially at local level, is concentrated on quality of public services based on citizens’ needs and increased performances in the context of a necessary decrease of budget expenditure, taking into consideration the actual financial constraint. In this context, it is useful to investigate the financial strategies of the local public administration based on the Romanian experiences that consisted in important public resources decline because of the financial crisis.

Computer-Based Simulation Games in Public Administration Education

OpenAIRE

Kutergina Evgeniia

2017-01-01

Computer simulation, an active learning technique, is now one of the advanced pedagogical technologies. Th e use of simulation games in the educational process allows students to gain a firsthand understanding of the processes of real life. Public- administration, public-policy and political-science courses increasingly adopt simulation games in universities worldwide. Besides person-to-person simulation games, there are computer-based simulations in public-administration education. Currently...

The Structure and Financial Dimensions of Public Administration in EU Countries

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Martina HALÁSKOVÁ

2015-06-01

Full Text Available Various traditional trends and roles of pub-lic administration can be traced across the Eu-ropean Union member states. These countries, however, are obliged to abide by common ad-ministrative and legal principles of the European administrative area. This paper focuses on the structure and differentiation of public adminis-tration in EU (28 countries, levels of local gov-ernment and internal division of administrative structures, using the ESA methodology and a comparison of expenditures made by public ad-ministration in 2003, 2009 and 2013. The f scal aspect of public administration is evaluated also through f scal decentralization (revenues, expen-ditures. Cluster analysis is used for the com-parison of selected areas of public expenditures according to the levels of public administration, showing that EU (28 countries can be divided into three clusters.The most signif cant differences in public ex-penditures according to levels of public adminis-tration were observed in EU countries in the f rst and third cluster, where f scal decentralization of expenditures constitutes the most notable differ-ence. The smallest differences in all clusters are perceived in total general government expendi-tures as % of GDP.

The Legality and Validity of Administrative Enforcement

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Sergei V. Iarkovoi

2018-01-01

Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.

PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW

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MARIUS ANDREESCU

2011-04-01

Full Text Available A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions. The legal behavior of the state’s institutions consists in their right to appreciate them and the power excess generates the violation of a subjective right or of the right that is of legitimate interest to the citizen. The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation” of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a dimension of the state de jure. In this study we propose to analyze the concept of discretionary power, respectively the power excess, having as a guidance the legislation, jurisprudence and doctrine in the matter. At the same time we would like to identify the most important criterions that will allow the user, regardless that he is or not an administrator, a public clerk or a judge, to delimit the legal behavior of the state’s institutions from the power excess. Within this context, we appreciate that the principle of proportionality represents such a criterion. The proportionality is a legal principle of the law, but at the same time it is a principle of the constitutional law and of other law branches. It expresses clearly the idea of balance, reasonability but also of adjusting the measures ordered by the state’s authorities to the situation in fact, respectively to the purpose for which they have been conceived. In our study we choose theoretical and jurisprudence arguments according to which the principle of proportionality can procedurally be determined and used to delimit the discretionary power and

Combining Centralisation and Decentralisation in Danish Public Administration

DEFF Research Database (Denmark)

Chatzopoulou, Sevasti; Poulsen, Birgitte

2017-01-01

but also deliberation and steering by dialogue with the citizen. The administrative changes followed also international trends within the public administration such as New Public Management but also collaborative governance. They have been characterized both by centralization and decentralization, often......The Danish administration system underwent significant changes over time adapting to internal and external challenges such as administrative reforms and the EU policy decisions. These challenges led to changes in the Danish administrative structures, which aimed to enhance efficiency, performance...... combining top-down hierarchy steering with network governance characteristics. The most recent administrative reform that has been introduced in 2007 decreased the number of mMunicipalities and countries, increasing formally the level of centralization but also transferred competences from the regional...

Decision-making in administrative proceeding

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Lončar Zoran J.

2015-01-01

Full Text Available Administrative decision-making by official who conducting the administrative procedure may have a number of advantages over the decisionmaking by the senior official which manages by the administrative authority. However, to make that such a novelty have positive effects, it is necessary, next to the amendments to the Law on Administrative Procedure, to create a number of legal and factual assumptions, on whom are based highly politicized and professionalised administrative systems today. In order to create the legal conditions for the introduction of innovations in administrative proceedings in the Republic of Serbia, it is necessary to appropriately modify, firstly certain provisions of the Law on Public Administration, as the basic systemic regulation in this area, and then the Law on Civil Servants, as the basic status regulation, so the civil servant career become less dependent on the will of officials who manage by the administrative authorities. Also, it is essential to solve a number of other issues on a proper legal way, such as way of harmonizing administrative practice within the same administrative authority, a way of solving the appeals in the case of first instance decisions made by independent administrative authority, different rules for conflict of interest with the state officers who may be authorized officials in administrative proceedings, etc.

77 FR 76052 - Health Resources and Services Administration

Science.gov (United States)

2012-12-26

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency..., Public Law 104-13), the Health Resources and Services Administration (HRSA) publishes periodic summaries... Administration (HRSA) plans to conduct a survey of the National Practitioner Data Bank and the Healthcare...

AIDS: Administrative Decisions and Constitutional Rights.

Science.gov (United States)

Greenlaw, Paul S.; Kohl, John P.

1993-01-01

Review of case law in educational administration, hospitals, correctional institutions, and the military shows that, when risk of AIDS transmission is high, courts will support public sector administrators' decisions. Low risk means such decisions as mandatory blood testing will usually be struck down. (SK)

Let’s Think Twice before We Revise!
‘Égalité’ as the Foundation of Liability for Lawful Public Sector Acts

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Esther Engelhard

2014-07-01

Full Text Available This contribution focuses on the égalité principle as the leading ground for liability after lawful acts by the State, local authorities and public authorities. Two Dutch legislative initiatives are dealt with in particular, that seek to codify, improve and expand égalité liability in administrative law, private law and criminal law. This will make the artificial égalité construction used in private law cases no longer necessary and legal reasoning more transparent. Further, the authors claim that Article 4:126 BW may open the possibility for new types of private law claims to be developed under this umbrella. However, their concerns are that the égalité principle is too vague to create the certainty and uniformity that the legislator aspires towards.

Radioactive waste management: a summary of state laws and administration. National Low-Level Radioactive Waste Mangement Program

International Nuclear Information System (INIS)

1983-05-01

This is the first quarterly update of Radioactive Waste Management: A Summary of State Laws and Administration. Because states have been very active on waste management issues, the whole report is being reissued in this update. It covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. The administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs and a legislative contact. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and their disposition. In general, the information in this report is accurate as of 15 April 1983

Administrative contracts

OpenAIRE

Vukićević-Petković Milica

2015-01-01

Administrative contracts are a special type of contract where usually one of the contracting parties is a public law body and which is concluded for the performance of public service and the realization of a public interest. They go a long way since its inception to its eventual final acceptance of all the legal systems. One of the enduring characteristics of this type of contract is their disquised or unnoticed existence. This is why only monitoring their development may lead to a complete u...

Protection of third parties. The protection of third parties affected by building or plant construction permits under the public construction law, the emission control law, or the atomic energy law

International Nuclear Information System (INIS)

Koenig, S.

1993-01-01

Building construction permits just like plant construction permits under the Federal Emission Control Act or the Atomic Energy Act are typical cases representing the administrative order with a dual effect, or an effect on third parties: decisions supporting the interests of the project owner always affect third parties. Third party protection therefore is a major topic of public construction law or the environmental protection law to be applied to industrial installations. Although actions brought by third parties have become something ordinary for the administrative courts, substantive third party protection continues to pose specific problems. The book in hand develops and explains a way out of the dilemma created by third party protection. The solutions presented are founded on a sound dogmatic basis and take into account the Federal Constitutional Court's rulings in matters of civil rights. The starting point adopted by the authors is the third party rights warranting protection, with the objective protection provided for by the law in general gaining effect as subjective rights as far as the protection is based on the civil rights of the constitution. The scope of protection affordable depends on the individual case and the reconciliation of terests of all parties concerned. The problem solutions set forth very extensively rely on the jurisdiction in matters of third party protection and on approaches published in the relevant literature, so that the book also may serve as a guide to current practice and a helpful source of reference for readers looking for information about the issue of third party protection. (orig./HP) [de

Languages and Public Administration in Europe

NARCIS (Netherlands)

Thiel, S. van; Ongaro, E.; Ongaro, E.; Thiel, S. van

2018-01-01

One of the key features of public administration in Europe is that multiple languages are in use, both in the public and academic debates. Language shapes thought, debate and hence also research. To find out which problems researchers run into when they want to convey results of their research and

Evaluation of Agency's Public Personnel Administration

OpenAIRE

Neal W. Tamayo

2017-01-01

As a consultant for a government agency, this paper will design recommendations and improvements for the agency’s public personnel administration. In order to do this, the consultant has to become familiar with the agency, its departments and also understand the key factors. The department chosen from the government for this paper is the Social Security Administration (Kestenbaum, 2014).

Elaboration on Public Administration Crises: An Endeavor in Seeking Scientifc Identity

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Iwan Tanjung Sutarna

2017-06-01

The study result shows that the differing ideas and argumentations which had occurred throughout every discussion on public administration have had implications on the heterogeneity of the public administration feld. The various shifts of locus-focus and paradigm in public administration is seen as a systematic atempt in fnding its true self as a scientifc discipline. The efforts of public administration in separating itself from the shadows of political science was also observed, although being capable of truly separating itself is considered as extremely difcult, bearing in mind that the focus and locus of public administration is very much affected by constantly developing social political influences. In addition to that, various shifts of locus and focus seems to have empirical implications particularly in the scientifc scope of public administration.

7 CFR Exhibit A to Subpart A of... - Memorandum of Understanding Between Commodity Credit Corporation and Farmers Home Administration...

Science.gov (United States)

2010-01-01

... Corporation and Farmers Home Administration or its successor agency under Public Law 103-354 A Exhibit A to... Understanding Between Commodity Credit Corporation and Farmers Home Administration or its successor agency under Public Law 103-354 IT IS HEREBY AGREED by and between the Farmers Home Administration or its successor...

14 CFR 385.11 - Authority of the Administrative Law Judges, Office of Hearings.

Science.gov (United States)

2010-01-01

... TRANSPORTATION (AVIATION PROCEEDINGS) ORGANIZATION STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS Assignment of Functions to Staff Members § 385.11 Authority of the Administrative Law Judges, Office of...

Professor Anne Khademian named National Academy of Public Administration Fellow

OpenAIRE

Chadwick, Heather Riley

2009-01-01

Anne Khademian, professor with Virginia Tech's Center for Public Administration and Policy, School of Public and International Affairs, at the Alexandria, Va., campus has been elected a National Academy of Public Administration (NAPA) Fellow.

20 CFR 655.845 - What rules apply to appeal of the decision of the administrative law judge?

Science.gov (United States)

2010-04-01

... ADMINISTRATION, DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H... appeal of the decision of the administrative law judge? (a) The Administrator or any interested party...

LEGAL PROTECTION IN AWARDING PUBLIC CONTRACTS PROCEEDINGS- HARMONISATION OF CROATIAN LAW WITH THE ACQUIS COMMUNAUTAIRE

Directory of Open Access Journals (Sweden)

Damir Aviani

2008-01-01

Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during

INITIATION AND CONDUCT OF ADMINISTRATIVE PROCEDURE

Directory of Open Access Journals (Sweden)

Milan Stipic

2013-12-01

Full Text Available General administrative procedure act contains legal norms that are valid for all identical cases. In addition to the general, there are special administrative procedures, customized to the specific administrative areas. Procedure initiation is regulated. Administrative procedure can be initiated at the request of the proponent and ex officio. When the official determines that the conditions for the conduct of administrative procedure are met, before making a decision, all the facts and circumstances relevant to the resolution of administrative matter have to be identified. When there are no legal requirements for the initiation of procedures, the official shall make a decision to reject the application of the party. The procedure is initiated ex officio when stipulated by law or when protection of public interest requires it. When initiating procedure ex officio, the public authority shall take into consideration the petition or other information that indicate the need to protect the public interest. In such cases the applicant is not a party, and the official is obliged to notify the applicant, if initiation of procedures is not accepted ex officio. Based on the notification, the applicant has a right to complain, including the situation when there is no response within the prescribed period of 30 days. Public authority may, therefore it is not obliged to, initiate administrative procedure by public announcement only in a situation where the parties are unknown, while it is obliged to initiate procedure by public announcement when this method of initiating the procedure is prescribed by law. Initiation of procedure with public announcement occurs in rare cases. Due to the application of efficiency and cost-effectiveness principle, two or more administrative procedures can be merged into one procedure by a conclusion. The condition for this is that the rights or obligations of the parties are based on the same legal basis and on the same or

Three comments on the combination of public law and private law principles in the new legislation governing radioactive waste management

International Nuclear Information System (INIS)

Handrlica, Jakub

2017-01-01

This article discusses the issue of mixed public and private law in the Nuclear Energy Act, in particular with regard to the legal framework governing radioactive waste management. In fact, neither the old nor the new legal arrangements are exclusively of public law nature because a number of private law items are included. This fact is illustrated on some examples including provisions on liability for nuclear damage, the legal authority of the Radioactive Waste Repository Agency, and financial compensation to municipalities affected by the preparation of a deep geological radioactive waste disposal facility. (orig.)

Need-Based Educational Aid Act of 2015 (Public Law 114-44)

Science.gov (United States)

US Congress, 2015

2015-01-01

The Need-Based Educational Aid Act of 2015 (Public Law 114-44) was put in place to improve and reauthorize provisions relating to the application of the antitrust laws to the award of need-based educational aid. The contents for this Act is as follows: (1) Short Title; and (2) Extension Relating to the Application of the Antitrust Laws to the…

The Committed Changes Within Public Procurement Law in Turkey (2003-2014)

OpenAIRE

Mehmet Nar

2015-01-01

It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA) to be rearranged for the purposes of interest groups when necessary. So, our ...

Judges’ deadlines, deadlines for public administration and associations

Directory of Open Access Journals (Sweden)

Daniel Chabanol

2015-01-01

Full Text Available In the theory on the activity of the judge in disputes related to exceeding powers, one fundamental principle demands that this activity is ‘beyond time’: the judge examines some past events and objectively seeks whether the administrative act being disputed has been undertaken according to the norms which should have been applied, which the judge, if necessary, identifies retroactively (emphasising that s/he does not create them. The claim of the illegality of the administrative act leads to its retroactive revocation and to the reconstruction of what should have been in administrative activity. This theory has not however survived in relation to the principle of reality. The inevitable passing of time, both in public administration and in society resist the ‘beyond time’ aspect of judge activity. This resistance is founded on social expectations and on the principle of legal security. The judge in cases of exceeding powers also responds to the demands on the one hand to become more familiar with the methods of the judge in full adjudication disputes, and on the other hand, to abandon to a certain extent the retroactivity of its intervention. This raises the following question of: is the judge in cases of legality still some kind of ‘general inspector’ of public power or does the judge become a means of appeasing the conflict which occurs in life in general? Similarly, a judge in a dispute on exceeding powers responding to a concrete social demand accepting that revocation, even retroactive, of an administrative act is not always sufficient to reinstate the principle of a country that adheres to the law. That is why, as a deciding criterion in judicial functioning, the concept of the duration of proceedings has been introduced. So, besides the customary damages and the result of consequences caused by the unreasonable duration of proceedings, it has been concluded that new attention be paid to the duration of proceedings. This is

The Committed Changes Within Public Procurement Law in Turkey (2003-2014

Directory of Open Access Journals (Sweden)

Mehmet Nar

2015-02-01

Full Text Available It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA to be rearranged for the purposes of interest groups when necessary. So, our study is trying to question the content of arrangements which were prepared with great expectations at first during the period of current government, but since 2003, when they were put into practice, they have been changed and criticized significantly. Besides, the impressions in public opinions about the idea that the Law forms a basis for the waste of resources have become the research subject.

The Europeanization of Public Administration through the General Principles of Good Administration

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Vasilica NEGRUŢ

2011-08-01

Full Text Available The general objective of the paper is based on an extremely present theme of real interest. Using the content analysis, through a descriptive documentary research, the present study aims at identifying the dimensions of the general principles of good administration, in the context of changes at European an implicitly at national level. To this purpose, an analisys of the specific objectives will be made: the concept of good administration, the national dimensions of the right to be heard, the right to access personal files as well as the motivation of administrative acts and the general principles regulated by the European Code of Good Administration will be underlined, in the context of institutional change determined by the Lisbon Treaty. Good administration defines the way in which institutions function, this being possible by ensuring the right to access information, a more efficient protection of fundamental rights as well as the right to defense, publication of acts and their motivation. Good administration is strongly connected to good government, the relation being in our opinion, from part to whole. The final purpose of good government and implicitly of good administration aims at accomplishing the general interest. The two concepts need a higher degree of transparency and responsibility in the public process. If governing represents the modality of exerting power, good government entails the imperative of the consensus of those governed regarding the objectives and methods of government, the responsibility of those governing, the efficiency of governing and the citizens’ right to be informed regarding the use and the distribution of the financial resources in the governing process. This new concept takes into account the implication of the citizens in the decision - making process, allowing a more efficient use of material, human, and financial resources. We assert thus that by applying the general principles of good administration

Paternalism & Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-01-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists’ advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering. PMID:17194856

QUALITY OF MANAGEMENT IN PUBLIC ADMINISTRATION

Directory of Open Access Journals (Sweden)

Ileana (BĂDULESCUANASTASE

2015-04-01

Full Text Available This paper shows the emmergence of strong aspects that require a deep transformation of the organization through the implementation of the Quality and management. We start from knowing the status of the organization, the environment, and through continuous improvement, the implementation of the Quality of management will try to reach stages closer to excellence. In this sense, the applyable practice in Public Administration must start from something elementary and simple, to allow the realization of some improvements, with a modern administration, with a number of considerable tasks. The introduction of a system of Quality management must be the decision of superior management, and the idea that sustains the arguments must be the following: the growth of productivity, the raise of income, the improvement of the image, the growth of competitiveness, the reducing of costs, the improvement of the environment. This way, reductions of consumptions in the Public Administration through improvements in the Quality of management must be determined.

Public Values in Water Law: A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, M.; Gilissen, Herman Kasper; van Kempen, Jasper

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

Public Values in Water Law : A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

20 CFR 416.1453 - The decision of an administrative law judge.

Science.gov (United States)

2010-04-01

... the findings of fact and the reasons for the decision. The administrative law judge must base the... document that sets forth the key data, findings of fact, and narrative rationale for the decision. If the... instance may be extended by the total number of days of the delays. The delays include delays in submitting...

Project of law relative to the electricity and gas public utilities and to the power and gas companies; Projet de loi relatif au service public de l'electricite et du gaz et aux entreprises electriques et gazieres

Energy Technology Data Exchange (ETDEWEB)

NONE

2004-07-01

This document is the definitive text of this project of law adopted by the French house of commons. The aim of this law is to allow the administrations to avoid to use their eligibility right with the opening of the electricity and gas markets to competition. It changes the juridical status of the two public utilities Electricite de France (EdF) and Gaz de France (GdF) into two anonymous companies and creates two additional companies for the management of the power and gas networks. It ensures also the transposition of the European directives from June 26, 2003 (2003/54/CE and 2003/55/CE). It contains some proper dispositions and modifies various existing French laws, in particular the law no. 46-628 from April 8, 1946 about the electricity and gas nationalization and the law no. 2000-108 from February 10, 2000 relative to the modernization and development of the electric public utility. (J.S.)

Contractul administrativ în activitatea administrației publice

Directory of Open Access Journals (Sweden)

Ioan LAZĂR

2010-06-01

Full Text Available Romania’s adhesion to the European Union on 1 January 2007 determined deep changes in the legislation in matters of concessions, publicprivate partnership and volunteerism. Thus new regulations emerged, such as Government Emergency Ordinance no. 34/2006 regarding the award of public procurement contracts, public works concession contracts and services concession contracts or the Emergency Ordinance no. 54 of 28 June 2006 concerning the contracts of procurement of public assets. Similarly the Law no. 554/2004 on the administrative dispute includes contracts concluded by the public authorities, contracts having the aim to valorize the public goods, the execution of works for public interest, public services, public procurement; by special laws can be provided other categories of public administration contracts subject to administrative jurisdiction of administrative dispute. Undoubtedly the new regulations prove the importance of administrative contracts – perceived as a form of ongoing public-private partnership – as being the instrument through which the individual lives and the community’s existence are influenced positively, without affecting the public budget, which by contrast, has been increased by the income achieved.

Integration of Public Finance Administration into ISO 9001 Total Quality Management

Directory of Open Access Journals (Sweden)

Hakan KİTAPÇI

2012-06-01

Full Text Available In Chronology; although they show different progress from each others, today Total Quality Management (TQM and Internal Auditing are two management concepts that are in mutual interaction and provide help for development of each other. TQM is a human based management concept that aims to increase customer satisfaction and enhance quality with decreasing cost in organizations. Internal Auditing is an independent, objective assurance and consultancy action on organization’s efficiency, productivity and accordance with laws and regulations. In this study; interrelation of public financial administration and TQM, how they interact each other and their size are displayed with searching lots of related scientific resources and a sample from public is given about application. In this study internal auditing is accepted as a management philosophy which has an important in TQM, and also which Exhausted risk, IT systems, internal Auditing Process, relationship with environment, performance and quality. At the end of study we can easily say that the new financial system realizes the ISO 9001 standards a high degree.

The Managerial Approach in Public Administration Studies (II

Directory of Open Access Journals (Sweden)

Cristina MORA

2002-06-01

Full Text Available The current paper has analyzed in its first installment the causes for the decrease in the interest vested in scientific management, while accepting its virtues as the starting point for a managerial approach to public administration. This paper points out that the above-mentioned bureaucratic model is no match for the process of organizing public administration, when change in managerial terms is compulsory.

Interactive Education in Public Administration (2): Strategies for Teachers

Science.gov (United States)

Brock, Jonathan; Alford, John

2015-01-01

The previous article ("Interactive education in public administration (1): The role of teaching 'objects'") described the benefits of "moving from behind the lectern" to engage in interactive teaching in public policy and administration, and the central role of "objects" in that process. But teaching…

Information Technology and the Organization Chart of Public Administration

NARCIS (Netherlands)

Zouridis, S.; Snellen, I.Th.M.; van de Donk, W.B.H.J.

1998-01-01

To a certain extent the organization chart of public administration is inspired by the doctrines which are offered by public administration science. Some of these doctrines relate to policy implementation and the design of implementing agencies. In this chapter three of these main doctrines are

Judicial Review on Administrative Action: Reflection on the Bank Century Bailout Policy

Directory of Open Access Journals (Sweden)

Lily Evelina Sitorus

2016-04-01

Full Text Available Accountability is the key to good governance. In the global administrative law, every policy made should be accountable. The given law should be accessible for public. When global financial crisis happened, many countries didn't have the necessary rules to solve the problem arised. In Indonesia, the decision from government to bailout century bank is controversial as of right now. The need of comprehensive law in related to economic, political and social factor should be considered. The law of Administrative Governance of Indonesia (UU No 30/2014 had provided the code of conduct for government action. The placement of discretion in one whole chapter can be seen in two ways side-the restriction of government action and protection for public rights. In practice, the implementation of such rule is not accessible as the formulation intended. Harmonization with the law of Administrative Courts in Indonesia (UU No 5/1986 jo UU No 9/2004 jo UU 51/2009 is still needed.

Implementation of the Decentralization Reform in Ukraine: Current Issues of Public Administration Modernization

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Yaroshenko Igor V.

2016-05-01

Full Text Available The need of all parts of the modern Ukrainian society for structural transformations determines the direction of development of the country and its territories. One of such priority vectors is the decentralization reform, efficiency of which is inextricably linked with the changes that occur in all vital for the development of society and every individual public areas: public administration, judicial system, law enforcement bodies, deregulation and development of business, banking and financial sectors, innovation and trade policies, education, medicine and other sectors of the economy and social sphere. The initiated in Ukraine transformations, including the decentralization of public power, require further legislative changes and desire of all public institutions to ensure their effective implementation through public initiative and public support. Monitoring the course of the decentralization reform in Ukraine has demonstrated little actual results of its implementation. Today an adequate legislation framework concerning the powers, resources and responsibilities has not been established yet. It is advisable to carry out a profound theoretical and practical study of the world and Ukrainian experience, develop and introduce an own science-based system of power decentralization with consideration for historical, ideological, cultural, social, economic, geographical and other features of the country, while taking into account the best practices, which can be effectively used.

78 FR 22761 - Delegation of Functions Under Sections 404 and 406 of Public Law 112-208

Science.gov (United States)

2013-04-16

...--Delegation of Functions Under Sections 404 and 406 of Public Law 112-208 Presidential Determination No. 2013... and 406 of Public Law 112-208 Memorandum for the Secretary of State [and] the Secretary of the... conferred upon the President by sections 404 and 406 of Public Law 112-208 as follows: I hereby delegate to...

Occupational scope and qualification of environment experts in public administration. Final report. Berufsfeld- und Qualifikationsanalyse fuer Umweltfachleute in der Oeffentlichen Verwaltung. Abschlussbericht

Energy Technology Data Exchange (ETDEWEB)

Brater, M; Hemmer, C; Maurus, A; Munz, C; Schluchter,

1991-12-01

The publication presents the three parts of the original report in one volume. The parts refewing to occupational qualifications consistently differentiate between occupation all specific qualification standards and those of a non-specific nature. Environmental protection is defined to be based on pollution control as a matter of engineering, pollution abatement as a matter of planning and regulatory activities, and the integrated version of the two strategies. Experts in public administration specialising in environmental protection are to be trained as experts in the following sub-areas environmental planning (innovation and strategy planning); design planning (engineering aspects); environmental law (impact statements, expert opinions, special knowledge of environmental media); enforcement of the law, licensing procedure, monitoring and supervision (efficiency evaluation); public relations (information, consultancy, education). The report presents job descriptions, qualification standards, occupational scopes and prospects for every type of qualification and education. (HSCH).

Global Comparative Public Administration: Are Graduate Programs Responding to the Call?

Science.gov (United States)

Manoharan, Aroon P.; Mirbel, Wendel; Carrizales, Tony J.

2018-01-01

Within the past two decades, globalization has led to increased literature on comparative public administration (CPA) research, and it has enhanced analyses of administrative systems in various societies. Our paper examines CPA education among Master of Public Administration and Master of Public Policy programs in the United States. The findings…

The Hungarian environmental private law under the influence of jus publicum

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Julesz Máté

2016-01-01

Full Text Available The relationship between environmental public law and environmental private law is of a growing significance. Not only environmental criminal law has an effect on environmental private law, but, since the beginning of the new legal, economic and political era in 1989, private law elements are also to be found in the environmental administrative law. The reciprocity between environmental private and administrative law is clear-cut. Private law institutions, like injunction or deposit, are upheld in environmental administrative contracts. The effect of an administrative ruling has legal consequences in the relationship between, e.g., neighbors: there are cases in which a noisy neighbor can be brought before the public administration. The objective liability in the field of environmental private law is accepted by the courts and by the citizens. The level of objectivity may, though, vary from country to country. In the practice of the Hungarian environmental private law, after 3 years, the objective liability is subrogated by a subjective liability, this latter one making exculpation easier. The res ipsa loquitur liability in space law is not an absolute liability, though it establishes a praesumptio juris that the environmental damage caused by a space object (e.g. a satellite is to be covered by the state which has sent the satellite into space. The presumption is, though not easily, rebuttable. In the Hungarian case law, objective environmental liability has been applied sub judice since the novella of the Civil Code in 1977. This novella made environmental private law a part of environmental law. The novella of the Civil Code was preceded by the Act on Environmental Protection of1976. The importance of economics in environmental private law has only recently been accepted by the Hungarian legal science. The role of the Coase theory is indisputable. The environmental private law is quite a new phenomenon in the Hungarian legal science, however

20 CFR 655.835 - How will the administrative law judge conduct the proceeding?

Science.gov (United States)

2010-04-01

..., DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H-1B Labor... administrative law judge shall notify all interested parties of the date, time and place of the hearing. All...

The reform of the law on administrative procedure. Papers and discussions

International Nuclear Information System (INIS)

Bluemel, W.; Pitschas, R.

1994-01-01

Three particularly complex problem areas have been in top place of the seminar's agenda: First, there is the urgent need for standardisation of administrative procedure in view of the current splintering into subject area-specific variety, as proposed e.g. in the draft of the Code of Environmental Law, or probably to be laid down in a revision of plan approval legislation. The second problem cluster relates to the time factor which is of significance in procedures for certification of large-scale industrial projects with a bearing on the environment. The third topical problem addresses the evolution of modalities of administrative acts. The current situation is characterised by the need for further differentiation of administrative acts on the one hand, and the prerogative influence of EC Directives in the field of environmental protection and technology governing the modalities of enforcement available to the national administrative authorities [de

Migrant Education Administrative Handbook. Revised April 1973.

Science.gov (United States)

North Carolina State Dept. of Public Instruction, Raleigh. Div. of Compensatory Education.

The revised handbook provides specific references to the legislation and the National Migrant Program Guidelines, while setting forth the administrative procedures required for migrant projects in North Carolina. Specific topics of discussion in migrant program administration cover Public Law 89-750, state and local educational agency…

Without blinders: Public values scholarship in Political Science, Economics, and Law—content and contribution to Public Administration

NARCIS (Netherlands)

de Graaf, Gjalt; van der Wal, Z.

2017-01-01

How and why are public values studied within public administration’s cognate disciplines? This question is addressed through a qualitative analysis of 50 public values (PVs) publications in political science, economics, and law published between 1969 and 2014. The findings show that political

The Hanau atomic energy laws. Nuclear fuel fabrication and the administrative law system

International Nuclear Information System (INIS)

Becker-Neetz, G.; Uebersohn, G.

1989-01-01

The review concentrates on administrative law aspects in the discussion of problems relating to the licences and preliminary notices of approval issued for the Hanau nuclear industry. The authors deal with the licences granted in 1974 (according to sec. 9 Atomic Energy Act), with the extended licensing requirements of sec. 7 Atomic Energy Act as amended by the 3rd amendment (concerning fabrication and handling of nuclear fuels), and the criminal court proceedings examining the conduct of the Alkem management and senior officers of the Hessian Ministry of Economics. Specific aspects investigated in the review include continuation of existing operations in accordance with transitory provisions, replacement of existing by new installations, and preliminary notice of approval. The preliminary notices of approval given up to the date of December 31, 1977 are said to have been illegal and extinct at that date, but the court's decision to abstain from punishment is accepted. The authors outline some possibilities of giving more concrete shape to the judicial control by administrative courts. (RST) [de

42 CFR 405.1063 - Applicability of laws, regulations and CMS Rulings.

Science.gov (United States)

2010-10-01

... 42 Public Health 2 2010-10-01 2010-10-01 false Applicability of laws, regulations and CMS Rulings... Medicare Coverage Policies § 405.1063 Applicability of laws, regulations and CMS Rulings. (a) All laws and... the MAC. (b) CMS Rulings are published under the authority of the Administrator, CMS. Consistent with...

The Public Safety Impact of Community Notification Laws: Rearrest of Convicted Sex Offenders

Science.gov (United States)

Freeman, Naomi J.

2012-01-01

Sex offender management is one of the highest-profile issues in public safety today. Although states have enacted community notification laws as a means to protect communities from sexual offending, limited research has been conducted to examine the impact of these laws on public safety. As such, this study used a quasi-experimental design to…

The process of outsourcing applied to public administration - legal approach

Directory of Open Access Journals (Sweden)

Bruno Magera Conceição

2018-01-01

Full Text Available The article presents an analysis of outsourcing in the Brazilian Public Administration and the way it currently operates, initiating a process of reform, aiming to reduce the size of the administrative apparatus. Several doctrinal and jurisprudential concepts have been demonstrated in order to demonstrate in a concise way the applicability of outsourcing as a mechanism to reduce costs of the public machine, increase its efficiency and decrease its size. Some advantages of the use of outsourcing by the public administration by several jurists are presented, including the gains in competitiveness and ease of supervision by the citizens. The extension of the responsibility of the public administration by the outsourced company and the way in which it operates, in the light of the legislation, jurisprudence and the best doctrine, suggest efficient alternatives in the exercise of the administration, increasing its credibility and efficiency in the attainment of governmental objectives. The methodology used was through deductive. The achieved results demonstrate that the process of outsourcing after quality and a new dynamics in the public service.

Breakdown of Probandi Onus in the Labor Process before the New CPC: The Dynamic Impacts Distribution of the Burden of Proof in Holding the Public Administrator in Claims Involving Outsourcing

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Fábio Gabriel Breitenbach

2015-12-01

Full Text Available The Supreme Court, in considering the merits of the Direct Action of Constitutionality 16, declared the constitutionality of § 1º of Article 71 of Law 8.666/73. Given that, under the Superior Labor Court, the result was the publication of a new wording to the text of section IV of its Precedent 331, and also the inclusion of two new paragraphs (V and VI, with paragraph V being specifically dedicated to discipline the equity liability of outsourcing within the public service. With those precedents, the thesis about joint and subjective liability of the the administrative entity for labor credits owed to the employee provider of outsourced services was finally established. Given this new context, the accountability of public administrator will take place on two conditions: a the breach of labor obligations on the part of the provider of outsourced services; and b the negligent failure of the borrower of services as the obligations of Law 8.666/93, notably as regards the supervision of the due performance of contractual and legal obligations of the company filed as an employer. In this framework, what gained certain importance was the discussion of who bears procedurally prove the necessary elements for accountability of the public administrator. Considering the peculiarities surrounding the factual framework involving a triangular relationship of outsourcing, in which the borrower of services is an entity of the public administration, the fundamentals of the theory of dynamic distribution of the burden of proof and the principle of the better aptitude to prove leaves no doubt: the public administrator assumes the burden of proving the correctness of the selection of services by the company and the existence of regular and adequate enforcement of labor obligations by the latter towards its employees who provided services to the entity within the public administration. The present text will be analyzing the current procedural system, as well as

THE ROLE OF ORGANIZATIONAL VALUES IN PUBLIC ADMINISTRATION

OpenAIRE

Brčić, Ruža; Vuković, Ksenija

2008-01-01

The aim of this paper is to diagnose organizational values and personal values of individuals towards work, on the example of public administration. In the research conducted on the Croatian public administration system several research methods were used – the most prominent of which are: the survey and poll method, the specialization method, the causal and functional analysis method – accompanied by various statistical methods. The research results have indicated the non-transparency of orga...

The operation of nuclear power plants in the conflict between administrative law and criminal law. Betrieb kerntechnischer Anlagen im Spannungsfeld zwischen Verwaltungs- und Strafrecht

Energy Technology Data Exchange (ETDEWEB)

Stubbe, C. (Siemens AG, Erlangen (Germany, F.R.). Rechtsabteilung)

The conflicting interests of administrative law and criminal law give rise to a number of burdensome conditions to be met by the operators of nuclear plants. Of course, it is one of the peculiarities of criminal law that nobody can decide for himself whether he wants to become involved in it. There is probably no other choice than meeting, with a good blend of composure and cleverness, the criteria now surrounding the operation of a nuclear facility. (orig.).

Putting First Things First: Critical Issues for Public Administration Education

Science.gov (United States)

Rosenbaum, Allan

2014-01-01

This article begins by reviewing developments in the field of public administration over the past 50 years and identifying factors that have served, in some cases unintentionally, to undermine public confidence in the actual practice of public administration. It then examines a number of important conditions that must be addressed in the…

The German and European laws and regulations providing for participation of the public in vertically staged procedures for the licensing of large-scale projects with an impact on the environment

International Nuclear Information System (INIS)

Hellmann, U.

1992-01-01

Participation of the public in licensing procedures for large-scale projects has been an item of discussion since the sixties in the legal sciences and on the political level. The introduction of the environmental impact assessment (EIA) as a legal requirement in EC law and its implementation in practice was the occasion to once again investigate the principle of participation of the public in the current legal framework. The study in hand reviews the legal provisions found in administrative law, constitutional law and European Community law governing the right of participation of the public and also takes a look at the situation in practice. The results show both the legal status and conditions of enforcement as prevailing after the coming into force in 1989 of the Act on Performance of an EIA, as well as inadequacies and deficits in the current legal framework. (orig.) [de

The public leadership questionnaire: The development and validation of five dimensions of public leadership behaviors

OpenAIRE

Tummers, Lars; Knies, Eva

2014-01-01

markdownabstract__Abstract__ In the public administration discipline, there have been various important studies on leadership. However, scholarly inquiry still lags behind related disciplines such as psychology and business administration. This study contributes by developing and validating scales measuring public leadership behavior. Based on theory and empirical analyses, five key public leader behaviors are identified and measured: (1) accountability leadership (6 items), (2) lawfulness le...

Don't Shoot the Messenger: Public Relations for Law Enforcement

Science.gov (United States)

Baxter, David S.

2013-01-01

This communication project provides an overview of public relations as seen through the communication arts. It is specifically focused to give law enforcement officers a general review of the practice of public relations, communication basics, and an understanding of the media. This course also provides the facilitator with multiple tools for…

From the Classics to the Cuts: Valuing Teaching Public Administration as a Public Good

Science.gov (United States)

Shand, Rory; Howell, Kerry E.

2015-01-01

This article intends to raise a number of issues regarding teaching public administration in the higher education sector and the value it has for individuals and society. The article explores the issue of value with reference to the teaching and learning of Public Administration as a discipline in the wider societal context. The article argues…

Case of administrative dispute

Directory of Open Access Journals (Sweden)

Xhemazie Ibraimi

2015-11-01

Full Text Available The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be carried out (negative enumeration.

National public health law: a role for WHO in capacity-building and promoting transparency.

Science.gov (United States)

Marks-Sultan, Géraldine; Tsai, Feng-Jen; Anderson, Evan; Kastler, Florian; Sprumont, Dominique; Burris, Scott

2016-07-01

A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries' legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law - from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance.

National public health law: a role for WHO in capacity-building and promoting transparency

Science.gov (United States)

Tsai, Feng-jen; Anderson, Evan; Kastler, Florian; Sprumont,, Dominique; Burris, Scott

2016-01-01

Abstract A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries’ legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law – from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance. PMID:27429492

Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992; Neue Literatur zum Umweltrecht. Veroeffentlichungen im Zeitraum vom 1.7.1991 bis zum 30.6.1992

Energy Technology Data Exchange (ETDEWEB)

Lohse, S. [comp.; Doerner, E. [comp.

1992-08-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [Deutsch] Die Bibliographie enthaelt 1685 Literaturzitate zu folgenden Themen: Umweltschutz im allgemeinen; Umweltverfassungsrecht, -verwaltungsrecht, -prozessrecht, -finanzrecht, -strafrecht, -privatrecht, -arbeitsrecht; Recht der raeumlichen Entwicklung; Naturpflegerecht; Gewaesserschutzrecht; Abfallrecht; Immissionsschutzrecht; Atom- und Strahlenschutzrecht; Energie- und Bergrecht, Gefahrstoff- und Umweltgesundheitsrecht. (orig.)

Modern Interpretations of the Theory of Criminal Misdemeanor in Administrative Law of Russia

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Anatolii V. Kirin

2017-12-01

Full Text Available The article examines in historical retrospect the experience and tendencies of parallel development of criminal and administrative responsibility in domestic jurisprudence and legislation from the 19th century to the present day. The Authors criticize the attempts to return administrative offenses to a three-tier system of criminal delicts on the basis of the concept of the Criminal Code of 1903. It is condemned not so much as an attempt to “reanimate” criminal misdemeanor by representatives of criminal law science, but similar attacks on the independent species status of administrative responsibility on the part of individual colleagues-administrativists

Public Smoking Bans, Youth Access Laws, and Cigarette Sales at Vending Machines

OpenAIRE

Kvasnicka, Michael

2010-01-01

Tobacco control policies have proliferated in many countries in recent years, in particular youth access laws and public smoking bans. The effectiveness of youth access laws is still disputed, however, as are the costs of public smoking bans to the hospitality industry. Using a unique data set on cigarette sales at more than 100k vending machines that provides first objective evidence on the outgoing and customer behavior of smokers, we study both outcome dimensions by investigating several r...

ADMINISTRATIVE PUBLIC SAFETY REGIMES IN THE EUROPEAN UNION

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Dmitry Bezzubov

2017-07-01

Full Text Available Purpose: to analyze existing threats, dangers and challenges the EU countries in terms of the present and the formulation of the basic foundations for the formation of the concept of ensuring public safety in the EU. Methods: Using a comparative method of scientific knowledge identified the major security threats in the EU and proposed substantive provisions of the administrative doctrine improve safety through the use of formal legal method. Results: the paper is dedicated to the problems of public security maintenance in the present-day context. Methods, techniques and strategies of public security maintenance as a scientific and public phenomenon are revealed. The levels of public security maintenance within the European Community are defined. Summarizing mentioned above, the concept of the service state in terms of the EU countries public security maintenance is the definition of course of development of the state mechanism and management of all administrative control branches. The main aim of which is to create mechanisms of risks and threats prevention with the respect to individuals’ rights, freedoms and legal interests in the societies of the EU countries. The concept of the service state as such is a practical result of the EU countries policy on elimination and neutralization of migration, military and terrorist threats. Discussion: in this article the author offers the basic provisions of the administrative doctrine enhance public safety in the European society.

FORECAST, ORGANIZATION-COORDINATION AND MOTIVATION IN LOCAL PUBLIC ADMINISTRATION MANAGEMENT

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Petronela\tSCUTARIU

2015-06-01

Full Text Available The proper functioning of local administrative system is not possible without the exercise of the functions of local public administration management. From such a direction, in this article we intend to analyze the contents of the functions of forecast, of organization-coordination and of motivation, in order to show how each of these contributes to good management of local public affairs. Defining the mission, the objectives of local government and the actions to be taken to achieve them, the design and harmonization of optimal local organizational structure components to achieve preset objectives, but also the human resources training from local public administration to use their skills and capacities towards achieving the objectives of the local public organization contribute to improving the local administrative process with effect on satisfying the interests of the local community

76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-02-03

... International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...

Paternalism and its discontents: motorcycle helmet laws, libertarian values, and public health.

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-02-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists' advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering.

The role of various actors in achieving the administrative decentralization process

Directory of Open Access Journals (Sweden)

Tatiana CASTRAŞAN

2016-06-01

Full Text Available Under the current conditions, when all attention is paid to primary tasks of rule of law, cultural and economic development, strengthening of rule of law in society, role of public administration prevail as the main task of the state. The public administrations system it is inseparably linked to the implementation of state policy through the activities they perform. In particular, it emphasizes the role of local authorities as a basic factor of the localities development and achieving a set of objectives, which implies a special responsibility submitted to elected officials and civil servants. As an activity, local administration have the aim to obtain some certain political values expressed by law. And the most important is to satisfy the general interest of a local community. Thereby, the phenomenon of administrative decentralization reaches the maximum attention , because the essence of a local government is that it is closer to the citizen and it serves him. The need of local authorities appear when exist a local community with common interests. That’s why, it is an analyze why this problem of decentralization it is permanently a current topic. Local autonomy and decentralization are the corner stones of organization and functioning of local public administration authorities.

European Values and Practices in Post-Communist Public Administration: The Baltic States

DEFF Research Database (Denmark)

Pedersen, Karin Hilmer; Johannsen, Lars

2015-01-01

In Chapter Twelve Karin Hilmer Pedersen and Lars Johannsen look into the changes in public administration and in the identity of public servants after the breakdown of the Soviet regime. Fundamental reconstructions of the political, economic and administrative systems of the Central and East...... democracy. Public administrations have undergone complete changes in their legal environment and deep structural reorganisation, combined with a high degree of turnover among staff. This has turned previous Soviet administrations into capable modern administrations. The question highlighted in this chapter...... is whether the public servants have also returned to Europe in the sense of sharing common European values and administrative identity. Pedersen and Johannsen find that the core principles of integrity and neutrality have been internalised and many, though not all, public servants see responsiveness...

Owners of public property in Romania

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Cătălin-Silviu SĂRARU

2015-06-01

Full Text Available This article analyzes the owners of public property: the state and the territorial administrative units. The article analyzes various theories about the quality in which the State exercising the right of public property (independently of the a legal person, based on the national sovereignty or as a public law legal person. Similar is analyzed the quality in which the administrative-territorial unit exercises the right of public property. In this article are analyzed also the meanings of the term "administrative territorial unit".

Energy policy and public administration

Energy Technology Data Exchange (ETDEWEB)

Daneke, G.A.; Lagassa, G.K. (eds.)

1980-01-01

At the 1979 conference of the American Society for Public Administration, each editor chaired a separate panel on the administrative dimensions of energy policy. Both panels revealed the importance of involvement in energy decision making by all levels of government. It turns out that energy policy makers are confronted with unrealistic, and therefore paralyzing, choices between two rather extreme sets of energy stategies and futures: large-scale, centralized technologies vs. small-scale, decentralized, appropriate technologies. The nineteen chapters selected and compiled here represent the basic policy issues that must be confronted along whichever path that is chosen. A separate abstract was prepared for each chapter.

Privatising the Public University: The Case of Law

Science.gov (United States)

Thornton, Margaret

2011-01-01

"Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…

Parkinson's Law and the New Public Managment? Contracting Determinants and Service Quality Consequences in Public Education.

NARCIS (Netherlands)

O'Toole, Laurence J.; Meier, Kenneth J.

2004-01-01

Public administration writers, with some notable exceptions, generally have not paid a great deal of attention to the history of ideas. However, public administration inquiry is profoundly affected by longstanding political and social ideas. This article shows how the idea of the state as a

Washington State's Lystedt law in concussion documentation in Seattle public high schools.

Science.gov (United States)

Bompadre, Viviana; Jinguji, Thomas M; Yanez, N David; Satchell, Emma K; Gilbert, Kaiulani; Burton, Monique; Conrad, Ernest U; Herring, Stanley A

2014-01-01

The Lystedt law requires high school athletes who have sustained a concussion to be removed from practice and play and not to be allowed to return until cleared by a medical professional. To determine the effect of the Lystedt law on injury and concussion documentation in the Seattle public high schools. Cross-sectional study. Seattle public high schools. The numbers of students, aged 13 to 19 years in the 2008-2009, 2009-2010, and 2010-2011 school years, were 4348, 4925, and 4806, respectively. All injuries documented in SportsWare by athletic trainers in Seattle public high schools. We evaluated all injuries, including concussions recorded during the 2008-2009 school year, before the Lystedt law, and during the 2 school years after the law took effect (2009-2010 and 2010-2011). Incidence rates before and after the law were estimated and compared. The concussion rate was -1.09% in 2008-2009, 2.26% in 2009-2010, and 2.26% in 2010-2011. A comparison of relative risks showed that the incidence rates of concussions were different before and 1 year after the Lystedt law (relative risk = 2.10; 95% confidence interval [CI] = 1.50, 2.93) and 2 years after the law (relative risk = 2.10; 95% CI = 1.49, 2.93). Overall, the mean number of days out of play after 2008-2009 was almost 7 days greater after the law took effect (difference = 6.9 days; 95% CI = 0.70, 13.1). For females, the mean number of days out of play after 2008-2009 was more than 17 days in 2009-2010 (difference = 17.2 days; 95% CI = 4.81, 29.5) and was more than 6 days in 2010-2011 (difference = 6.3 days; 95% CI = 1.62, 11.0). The number of documented concussions more than doubled after the institution of the Lystedt law, which may be attributed to heightened awareness and closer monitoring.

14 CFR 385.10 - Authority of Chief Administrative Law Judge, Office of Hearings.

Science.gov (United States)

2010-01-01

... TRANSPORTATION (AVIATION PROCEEDINGS) ORGANIZATION STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS Assignment of Functions to Staff Members § 385.10 Authority of Chief Administrative Law Judge, Office of... Director, Office of International Aviation (or such staff member of the Office of International Aviation as...

76 FR 17843 - Intent To Compromise Claim Against the District of Columbia Public Schools

Science.gov (United States)

2011-03-31

... District of Columbia Public Schools (DCPS) now pending before the Office of Administrative Law Judges (OALJ... DEPARTMENT OF EDUCATION Intent To Compromise Claim Against the District of Columbia Public Schools... Application for Review of this PDL with the Office of Administrative Law Judges (OALJ) on September 10, 2007...

Public Service in Age of Globalization

Directory of Open Access Journals (Sweden)

Madalina Elena MIHAILESCU

2015-05-01

Full Text Available In democratic or democratizing systems government exists to fulfill functions such as maintaining security, providing public services and ensuring equal treatment under the law. So, there is no doubt that the public and private sectors are depending on each other to activate efficiently and to achieve their objectives, therefore the public sector should facilitate the effectiveness of the business sector. Sustainability itself cannot be achieved without good governance. In order to realize a good governance and administration public administration should be transparent and information should be handled as openly as the law allows. Also, public bodies should give people information and, if appropriate, advice that is clear, accurate, complete, relevant and timely and should create and maintain reliable and usable records as evidence of their activities.

Perceptions of Administrative and Supervisory Support in Public Child Welfare

Directory of Open Access Journals (Sweden)

Tonya M. Westbrook

2012-06-01

Full Text Available Using the Child Welfare Organizational Culture Inventory (CWOCI in a public child welfare agency, perceptions of administrative and supervisory support held by employees with social work degrees (BSW and MSW were compared to perceptions of administrative and supervisory support held by employees without social work degrees. Child welfare employees with social work degrees reported lower administrative and supervisory support than employees without social work degrees. Implications for social work educators, public child welfare administrators and supervisors, and future research are presented.

Personal Establishment and Accomplishment of Public Service Values

Directory of Open Access Journals (Sweden)

Mirko PEČARIČ

2013-02-01

Full Text Available Public objectives are mostly developed within public administrations, which despite apparent Weberian rationality work mainly evolutionarily, i.e. by imitation of what already works in other areas and what randomly brings good results. The rule of law that is fundamental to the Western democratic order cannot work without morality and legal values. If we want workable values, we must understand them at their core, which is not the domain of law. The starting point is an individual who operates primarily on the basis of his personal characteristics regardless of all the present theories of the public administration. Entering into the unknown with full preparedness for the changes will be the motto of the future public administration. We are much closer to such a stance if we know how the public service values are really established and implemented.

Community Energy Systems and the Law of Public Utilities. Volume Nine. Connecticut

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description of the laws and programs of the State of Connecticut governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twelve. Georgia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description of the laws and programs of the State of Georgia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community energy systems and the law of public utilities. Volume 20. Louisiana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Louisiana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities--Volume One: An overview. This report also contains a summary of a strategy described in Volume One--An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enchance the likelihood of ICES implementation.