Introduction to Public Administration and Administrative Law

1. dr Łukasz Prus Public Administration and AdministrativePolicies

2. dr Łukasz Prus Section of Comparative Public Administration Department of Law, Administration and Economics at the University of Wrocław

3. Office hours In the summersemester 2018/2019 Monday 17:00-18:00 Wednesday 8:40-9:40 Room 520, bulding A lukasz.prus@uwr.edu.pl

8. Course isdividedintolecture and classes. The classesisconducted by prof. Jerzy Supernat. I conductonlylectures

9. The examwillhave a form of homework On the one lecturesbeforelast I willsentyoucasestudies and questions

10. Please prepare your essay at home or in the reading room and send it to me by email. We will discuss it at last classes. Each essay should consist of at least 2 pages but no more than 7 pages.

11. Administrative Law and Policy of the European Union, H.C.H. Hoffman, G.C. Rowe, A.Turk, OUP 2012     EU Administrative Law – The Acquis, P. Craig, http://www.europarl.europa.eu/RegData/etudes/note/join/2010/432745/IPOL-JURI_NT%282010%29432745_EN.pdf

12. Oxford Principles of European Union Law. Volume I: The European Union Legal Order, Schutze, R., Tridimas T., Oxford 2018 Public administration and administrative law, H.Izdebski, Warszawa, 2006 Case law http://curia.europa.eu

13. M. Bińkowska, A. Chełchowski, B. Kopik, R.A. Walawender, The Code of AdministrativeProceedings, Lastedition; ReNEUALModel Rules on EU AdministrativeProcedure http://www.reneual.eu/index.php/projects-and-publications/reneual-1-0

14. Order of lectures 1. shortintroduction 2. casestudies - in this part I will show you the content of cases and the textaboutprinciples of public administration in EU partlywritten by partlywritten by a researchgroupcalledReNEUAL - the Research Network on EU Administrative Law, and partlywritten by me Then, read the cases in 15-20 minutes. At the end of eachcaseyouwillfindquestions. Then pleasesuggestpossibleanswers

15. Then, youwillread the cases in 15-20 minutes. At the end of eachcaseyouwillfindquestions. Then youwillsuggestpossibleanswers Afterwards we willremind the most importantassumptions of cases and we willcompareyourpropositions with the decision of the court. In textprinciples possiblyyoucanfindananswerorothersuggestions

16. Ifyouhaveanyquestions, don’thesitate to ask by e-mail or at the end of classes.

17. Polish scholar Janusz Łętowski: Administration can be described but not defined. German public administration scholar Lorenz von Stein, 1815-1890, one of the firstto acknowledge that the modern stateisanadministrativestate: Administration…iswhat I cannotname

18. Administration isanuniversalprocess and occurs in diverseinstitutionalsettings. Basedon itsinstitutionalsettings, administrationisdividedinto: 1. public administration (refers to the administrationwhichoperates in governmentalsetting) 2. privateadministration(refers to the administrationwhichoperates in non-governmentalsetting)

19. Edgar N. Gladden Public administrationisconcerned with the administration of the government Woodrow Wilson Public administrationis a detailed and systematicexecution of law. Everyparticularapplication of law isanact of administration. […] Administration is the most obvious part of the government; itis the government in action; itis the executive, the operative, the most visible part of the government.

20. Administration hasoriginated from Latinverb ministrare, strengthened by the preposition ad-, meaning „to serve”. Words„minister” and „ministration” alsoconformthat „servant” aspect of the derivatives of ministrare. Therefore, administrationalwaysmeans a certain service orexecutiveactivity, carried out with respect to somebody and/orsomethingmoreimportant. Administration isan instrument serving to achieve a goal and/or to execute a will of superior. It should not haveaims of itsown.

21. Polish scholar Hubert Izdebski: Public administrationisanoperational instrument in the hands of a politicalpower. Servingthe politicalpower, public administration in a democracyshouldserve the peopleorganised in a democraticstate. It is, in a sense, anexecutive of the executivepower. Public administrationisalso „public” in the sensethat, in liberaldemocracy, the only argument for itsintervention – as the intervention of the statepower – in the affairs of the state'ssubjects (individuals as well as theirorganisations: business and non-profit onesalike) is the public good (the public interest).

22. Polish scholar Małgorzata Stahl: Characteristics of public administration: -actingon behalf of the stateoranother public authority, to which the statehasceded a part of itspower (imperium) - politicalnature - actingon the basis and within the limits of law - a continuous and stableoperation - employingmainlyprofessionalpersonnel

23. Administrativelawrelates to the organisation, powers, duties, and functions of public authoritiesof allkindsengaged in administration as well as their relations with one another and with individuals (citizens and foreigners) and NGOs, legalmethods of controlling public administrationand the rights and liabilities (accountability) of officials.

24. Administrativeprocedurerepresents the form of proceedings in individualadminisrativecases(adjudicating on public laws) • and legalresponsibilitiesin the form of administrativedecisions. • Administrative law encompasses 3 major fields: • Organisationaladministrative law, concerning the • organise of administrativeauthorities, • b) distribute of tasks and competences • 2) Substantive A.L., concerningrights and obligations of citizens • 3) Administrativeprocedures, whichisconcerned with developing rules and procdures for administrative public bodiesoradministrativecourts

25. The most importantfunctions of administrativeproceduresare: 1) executivefunctionof substantiveadministrative law, 2) the protection of individualand public interests, 3) organisationalfunction, extending the activities of bodies and administrativeinstitutions.

26. The administrativeproceduredoes not have independent functions, except for a generalfunction of protectingindividualinterests. It alwaysserves to implementadministrativesubstantive law. The administrativeprocedureis a tool, whichbrings the provisions of substantiveadministrative law to life. Withoutproceduralrules/provisions (formaladministrative law), substantive law (e.g. the act on foreigners) could not function, as specificsubstantiverulesrequireproceduraltolls to operate.

27. The administrativeproceedingsaregoverned by the principles In particular, theymayserve as aninterpretativedirective with regard to the meaning of otherrules The protection of anindividualsrights in the proceedingsisalreadyguaranteed by the generalprinciples of administrativeprocedure, whichhighlight the principle of deepening the trust of citizens to public authorities, the partiesright to information and activeparticipation in the proceedings.

28. The subject matter of administrative proceeding is an administrative case. An administrative case in administrative procedure is understood as a real life situation in which individual interest and public interest are to be expressed on the basis of administrative law in the form of administrative decision after due proceedings.

29. A body of public administrationisanyentity/body competent to settleindividualcasesthroughanadministrativedecisions, irrespective of whetheritregardsitself as such and irrespective of whetherlegalregulationscallitsuch. The decisivepremisesare the type of case and the form of itssettlement (administrativeact).