PUBLIC ADMINISTRATION in SR

PUBLIC ADMINISTRATION in SR

Eleonora Marišová

SAU in Nitra, Faculty of European Studies and Regional Development

Subchapters:

System of public administration (dual, integral)

State administration (central, regional, local authorities)

Competencies of state administration

Self government (regional, local)

Competencies of self - government

Decision-making process

Chapter VIII

Public Administration in Slovakia

Public administration

• Since 1989 major social and political changes

• decentralisation

- political decentralisation, - decentralisation of

powers - financial decentralisation

Public administration system

• Devision of powers under the Constitution

– „dual model“ of public administration

• Self-government under the Constitution

• Territorial devision of SR

– 3 levels of public administration

– Separate model

Public administration reforms

• Up to 1989 – national comitees

• Act No. 369/1990 on municipalities

– Separate model of public administration

– Abolishment of regional state administration

• Public administration establishment

Main aim of the reforms : move from „govern“ to „governance“

Organisation of public administration

• 1990 – political will for decentralisation

• 1992 – dealing with the disintegration of CSFR

• 1993 – SR

• 1993-1998 – changes to state administration

– SG – some competence, no financial covering

– 1996 Act 221/1996 on Territorial and Administrative Division od SR and Act 222/1996 on Organisatiom of Local Self-government

• 1998 – adoption of a decentralisation concept (effective from 1January 2004)

Regional offices with units of general and specialised state administration(8)

District offices with units of general and specialised state administration(79)

Government

Ministries(18) and central authorities

Nižňanský, V.: Verejná správa na Slovensku.2005, Úrad vlády SR.ISBN 80-969459-4-7

Regional offices of general administration(8)

Regional offices of specialised administration

District offices of general administration(50)

District offices of specialised administration(from 36 to 50)

Ministry of interior affairs

Other ministries(13)

Regional self government offices(8)

Municipalities - 2891

Government

State administration

• character of SA bodies

• 3 levels:

1. government, ministries and other central bodies of state administration

2. regional state administration

3. local state administration

Government

- Ministries in the field of:

1.)national economy:

- economy, agriculture, finance, construction and regional development, mail and telecommunications, environment

2.) national administration and management :

- interior,foreign affairs, defence, justice

3.) culture and social affairs : education, culture, labour, social affairs and family, health

Competences of State Administration

• General local authorities of SA

• Act No. 515/2003 Coll.

• Regional offices

– Competence – 2nd level of SA (appeal, coordination, control)

– Abolished from 1st October 2007

• District offices – 1st level (local level)

• Former Regional offices (8) - cancelled from 1.10.2007


- Units for general interior administration, entrepreneurs, civil security, citizehship

- Powers - Ministry of Interior, Regional offices

• District offices (50)

Units for entrepreneurs, general interior administration, civil security, citizehship – 1st level


Regional offices of specialised administration

District offices of general administration(50)

District offices of specialised administration(from 40 to 50)

Ministry of interior affairs

Other ministries(13)

Regional self government offices(8)

Municipalities – 2891

Cities 138 (out of them)

Government

Specialised Local authorities of SA

• Regional offices


– Organisation

• District offices – 1st level

SpecialisedLocal authorities of SA

Act No 534/2003 .:

• Regional offices for transport and territorial communications (8)

• District offices for public transport and territorial communications (46)

Powers of Local offices for public transport and territorial communications (46)

- Licence for car schools

- Instructors licences

- Technical testification of cars

- Rejection of cars from traffic

- Offences in oversized cargo

Road transport and roads Offices

Boundaries of the SR

Establishment of Regional Offices for road transport and roads (8)

Establishment of District Offices for road transport and roads (46)

Scope of Regional Offices of Environmental Offices

Boundaries of Districts


Act No 518/2003 .:

• Regional land offices (8)

• District land offices (44)

Powers:

- Restitution process

- Land consolidation organisation

- Coordination of renewal of land registration

Land Consolidation authorities and agricultural soil protection Offices


Scope of Regional Land Office


Establishment of Regional Land Offices (8)

Establishment of District Land Offices (44)


Act No 519/2003 .:

• Regional forest offices (8)

• District forest offices (40)

Powers:

-charge of managing of forests (private, state)

- exemtion of forest land

- construction in forests

- huntinggrounds recognition

Forestry Offices


Scope of Regional Forestry Office


Establishment of Regional Forestry Offices (8)

Establishment of District Forestry Offices (40)


Act No 525/2003 .:

Environmental Inspectorate (4)

• Regional offices for environment (8)

• District offices for environment (46)Powers:

- Industrial waste water emission

- Placing of large and middle sources of polution

• geological works, public water pipes, drainage, industrial accidents prevention

-



Establishment of District Environmental Offices (46)

Establishment of Regional Environmental Offices (8)

Scope of Regional Offices of Environmental Offices

Environmental Offices


Act No 453/2003 :

• Principal Office for work, social affairs and family (1)

• Territorial offices for work, social affairs and family offices (46)

Powers :

-state social aid

-register of unemployed people

-re-qualification courses

-activation subsidies to employers

Labour, Social Affairs and Family Offices


Boundaries of the Regions

Boundaries of the Districts

Labor, Social Affairs and Family Office (1)

Establisment of the Labour, Social Affairs and Family Offices (46)


Act No 578/2003 :

• Office for public health care (1)

• Regional offices for public health care(36)

Powers:

- permission of work in dangerous environment

- quarantine

- state health control

Public Health Offices


Boundaries of the Regions


Establishment of Public Health Office (1)

Establisment of the Regional Public Health Offices (36)


Act No596/2003 :

• Regional offices for education (8)

• no local offices (powers were delimitated to selfgovernment)

- Powers:

- Coordination of education of basic and secondary shools in region

- Recognition of foreign secondary education certificates

Education Offices


Establishment of the Regional Education Office (8)


• Regional offices for construction (8)

• no district offices (powers were delimitated to selfgovernment)

• Powers:

- approval of regional plans of municipalities

- decisions on appeals in 2nd stage

- replacement of powers of municipalities


• Act No. 150/2001 Coll.:

• Principal Tax Office (1)

• external work places of this body (8)

• District Tax Offices (101 districts)

• Powers:

• tax administration

• tax assesments, tax claims

• fines

Construction Offices


Establishment of the Regional Building Offices (8)



• Act No. 49/2002 Coll.

• Monuments Board (1)

• Regional Monuments Offices (8)

Powers:

- keep an archive in the field of the protection of monuments and historic sites;

- protection of cultural monuments

- archeological research

- re-constructions

Government Protection of Monuments Fund


Establishment of the Historical Monument Office

Establishment of the Regional Historical Monument Office (8)

Conception of State administration for futureVARIANT A)

• Cancellation of specialised regional offices

• Competences to be moved to ministries

• Merge of ministries (environment)

• District offices – 1st level

VARIANT B)

• Reintroduction of general state administration

- no special offices, regional and district special units under „one umbrella“

Organisation of local self-government

1. Municipalities

Act no. 369/1990

- cities

- villages

2. Higher territorial units

Act no. 302/2001

- Bratislava, Nitra, Trnava, Trenčín, Banská Bystrica, Prešov, Košice, Žilina

Municipalities - structure


Municipalities • Legal entities (2891 villages, from that 138 cities)

• Single-level self-government

• Execution• Elected bodies (4 years, auditor 6 years, elected by

assembly)• Citizens´ voting• Local referendum: (major outvoting,petition 30% of

citizens, merge or secession of municipality)• Assembly (3-41 members – from 40- 100 000

inhabitants) - generally binding regulations (VZN)Municipal office (mayor, + manager appointed by

mayor)

• Original powers v. transferred powers

Competences of municipalities• Original

– local roads, public transport, public areas, green areas, cleanness, nature and environment protection, water management, sewer system, municipal waste, territorial planning, local development, housing, pre-school and school establishments, social establishments, policlinics, certain hospitals, culture, certification of documents, certain offences, municipal police, collection of local taxes and fees, participation in regional planning

• Transferred

– registry offices, the construction order and a section of duties in the education sector

Higher territorial units of Slovakia

Higher territorial units - structure


Higher territorial units - characteristics• Legal entities

• Single-level self-government

• Execution• Elected bodies (4 years, auditor 6 years, elected by

assembly)

• 1 member of Assembly 12-16 000 inhabitants

- generally binding regulations (VZN)

• Citizens´ voting

• Original powers v. transferred powers

Competences of HTU• Original

– 2nd and 3rd class roads, territorial planning, regional development, own investment activities, secondary schools, hospitals, certain social service establishments (retirement homes, social services for children, crises centres, children’s homes, etc.), cultural establishments (galleries, museums, theatres, certain libraries, etc.), participation in civil defence, licensing of pharmacies and private physicians

• Transferred– section of powers in the education sector, healthcare

sector and road transport

Problems of public administration of Slovakia

2 different expert opinions and critisism of administrative division:

• Too many administrative regions and selfgovernment regions

• Expierences show that optimal administration execution is in 3-6 regions (1960-1990)

• More effective and economic

Opposite opinion

• Current administrative regions and selfgovernment regions regions are too big units

• Natural units - historical division optimal 16-20 regions

• better „governance“ of population

Decision –making process in Public administration – Administrative order

• State and self-government offices (general and specialised) – on the 1st and 2nd level

• Decision –making process on rights and duties of individuals and legal persons

• Act No 7l/l967 Coll. on administrative procedure as amended by Law No. 527/2003 Coll.

Stages of decision –making process (1st instance proceeding

• l). Beginning the procedure (ex offo,application of the party)

• - oral hearing (notice to appear)

• - delivery of a call

• 2). Identifying documents necessary for the decision

• - interrogation of witnesses,

• - expert opinions,

• - documents,

• - examination

Stages of decision –making process (1st instance proceeding)

• Rights of parties:

• - propose evidences

• -put questions to witnesses, experts

• -to comment the basis and way of its investigation and decision

• -propose amendments of procedure

• 3). Decision on the case - in merito (immediately, within 30,60days)

Requisites of the decision

• 1. verdict

• 2. justification (it is not necessary if all the parties are fully accommodated)

• 3. guidance on appeal

Forms of decisions review:

Decision issued in 1st level may be reviewed by its governing body on the 2nd level:

Ordinary remedies:

• 1. Appellate proceedings

• 2. Review proceedings

Extra ordinary remedies:

• 3. Renewal of proceedings

• 4. Review of decisions outside appellate proceedings

Specific remedies:

• 5. Prosecutor’s protest proceedings

• 6. Review of administrative bodies decisions by court.

Execution

• a decision in monetary or non- monetary terms fails to discharge such duty in time-limit

• Administrative body in the first instance

• the party may also apply for execution to be exercised by the court or a licenced executor

• Administrative body is obliged 2 announce the beginning of execution

• deadline for fulfilling the duty

Problems of decision making process

• Disintegration of legal norms

• Subsidiarity of Administrative order

• No consequences for holding – out of decisions making process

• No codex

- 1990 Act 369 on Communal Establishment on SR, as amended by the act

- 1995 Act 270 on National language of the Slovak Republic, as amended by the act

- 1996 Act 221 on Territorial and Administrative Division on SR, as amended by the act

- 1996 Act 258 on Government Regulation No. 258/1996 Coll Laws, which issued a list of municipalities and districts making up the individual military districts, as amended by the act

- 2001 Act 302 on Higher Territorial Units, as amended by the act

- 2003 Act 515 on Regional Offices and District Offices, as amended by the act

- 2007 Act 254 on Abolition of Regional Offices and amending Act No. 515/2003 Coll. The Regional Offices and amending certain laws, as the Constitutional Court of the Slovak Republic no. 263/2006, as amended by the act

(Source: http://www.civil.gov.sk/archiv/p11/p11-01.shtm)

,

Organisation of public administration: summary

Literature• Belica, M.: Európska únia chce mať silné regióny. Verejná správa, 15-16, 2006, str.2- 4

• Belica, M: Finančná decentralizácia. Unpublished.

• Marišová, N. – Ilková, Z. – Belicová, J.: Správne právo hmotné a procesné. 2002, Nitra. SPU v Nitre. ISBN 80-8069-127-4

• Nižňanský, V.: Verejná správa na Slovensku.2005, Bratislava. Úrad vlády SR.ISBN 80-969459-4-7

• Nižňanský, V.: Verejná správa na Slovensku.2005, Bratislava. Úrad vlády SR.ISBN 80-969447-1-1

• Z. 460/1992 Zb. Ústava SR

• Z. 369/1990 Zb. o obecnom zriadení

• Z. 302/2001 Z.z o samospráve vyšších územných celkov

• http://www.government.gov.sk/decentralizacia/dokumenty/vniznansky_en.rtf

• http://www.oecd.org/dataoecd/40/1/34990164.pdf

• http://www.innovations.harvard.edu/showdoc.html?id=8363

• Druhý dych samosprávnych krajov –Verejná správa, č. 8/2005, str. 20-23

Thank you for your attention

PUBLIC ADMINISTRATION in SR

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