Unit 8 European Aministrative Law Principles English for Public Administration IV Snježana Husinec, PhD; shusinec@pravo.hr

What you have learned so far … What is the task of public administration of EU Member States? What general principle does the public administration need to adhere to to be able to fullfil this task? In order to join the EU what do, thus, the candidate states need to do in the sphere of public administration? Is a model for the public administration reforms provided by the EU legislation? Explain. What is SIGMA? What is its purpose? What is contained in SIGMA papers?

Definition of ADMINISTRATIVE LAW How would you define ADMINISTRTIVE LAW? Taking into consideration differences between legal systems and historical development, do you think a common definition is actually possible? Read the first paragraph and find the definition provided by SIGMA.

Common definition of ADMINISTRATIVE LAW = the set of principles and rules applying to the organization and management of public aministration and the relations between administration and citizens

The main administrative law principles What would, in your opinion, be the main legal administrative principles? Find in the text the ones common to Western European countries: ________________

Reliability and predictability Covers a number of administrative law principles that try to eradicate arbitrary conduct in the sphere of public administration: The rule of law Legal competence Administrative discretion Proportionality Principle of procedural fairness Timeliness Professionalism and professional integrity Provide the Croatian equivalent for each of the above principles.

Reliability and predictability – part II RULE OF LAW - the principle that all people and institutions are are subject to and are accountable to law that is fairly applied and enforced; the principle of government by law LEGAL COMPETENCE - public authorities can decide only on the matters within their jurisdiction

Reliability and predictability – part II ADMINISTRATIVE DISCRETION the exercise of professional expertise and judgment, as opposed to strict adherence to regulation or statutes, in making a decision of performing official acts or duties. Eg. a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action.

Reliability and predictability – part III PROPORTIONALITY the principle of proportionality (like the principle of subsidiarity) regulates the exercise of powers by the European Union (EU). Under this rule, the action of the EU must be limited to what is necessary to achieve the objectives of the Treaties. The content and form of the action must be in keeping with the aim pursued. (laid down in Article 5 of the Treaty on European Union)

Reliability and predictability- part IV PRINCIPLE OF PROCEDURAL FAIRNESS - a fair procedure for decision making ensuring impartial application of law TIMELINESS - clear time limits within which things must be done PROFESSIONALISM AND PROFESSIONAL INTEGRITY - acting with professional integrity and without bias (independent decision making without personal or vested interest)

Vocabulary practice I Find nouns in the text which are derived from the following adjectives: ADJECTIVE NOUN effective reliable arbitrary open fair predictable timely accountable

Vocabulary practice II Translate the following expressions into Croatian: 1. to shape common administrative principles = 2. to eradicate arbitrariness = 3. outside scrutiny and supervision = 4. to be answerable to authorities = 5. to maintain a good ratio between = 6. resources employed and results attained =