ページ1:

Internal/External Administration
@
B
Internal Ad
-
based on rules goreming internal procedure
mostly administrative directives linstructions
6
without external effect on third parties respect (apply all the rules
Administrative with extemal effects
-
-
based on laws and regulations
regulating specific individual cases
administrative acts, contracts, real acts
|
Lo are always with external effects
Decentralised Internal Organization
Decentralized Administration-dif levels that are competent for certain cares
Vertical
Hierachic distribution of administrative powers
Ministly, agencies, etc.
Horizontal
L
Local / regional distribution of agencies every city have agencies
technical / functional distribution of powers
for taxes Ifisheries

ページ2:

specialized agencies certain expertise.
Advantages/disadvantages of decentralization
Ad specialized agencies
- DB - lack of control - distribution of powers
2. responsibility - complain (petition give us rights
cwho should act? + clear responsibilities I finding the right person
to act
1 efficiency
Competence
each authority | agency has a certain competence some may act
Subject matter substantive competency (Material matter)
Lo broad or harrow legal definition - Ex is it about building?
local / territorial competence - within
instance competence
Lo municipal (BKF)?
the territory
Lo competent
12นั้น ๆ
where the case is happened a wn. l4 ñar
Lo so, you
have competence
2)
"What position I am?
La higher authority corging he
↳ ministry
compet
the low level may ask the higher for help
level deals with dif case-ind?
-
Functional competence
?
Lo who within the authoring / agency is in charge!
Lo many people working
region ?

ページ3:

0
State Supervision
self-control within the executive
Generally supervision by
Higher
g
administrative authorities (vertical) - control the lower one
Parliament they can change the law
can control the executive
administrative courts administrative acts illegally
the public, media
narrow sense state supervision
higher administrative authorities cvertical)
self-control within the executive branch
control of
always
legality - Ex. Jiu - als legal
Control of the appropriateness
only when stipulated by the law.
1
OV
inherent responsibilities of the acting agency
• preventive and repressive measures
J
Foresee
d
it's late
Ex. You a
ROSAW
10 went wrong - 11-70
S
illegur

ページ4:

Modernization & Privatization
Modernization of Ad
• New public management
Administrative authorities
-
perform services
Ex. airport in Berlin
make ppl participate /voice avoide ppl.
law suit
(service provide) & (liberal approach) in the future
offer products
treat citizens as customers they are working
for
US
rule of law + market efficiency introducing tools from managment
bonus reward
Ex incentive
O
targets, controlling incentive-setting target.
-200 cases /year
O
good governance
In PA not introduced yet
Ad in the Digital Age Protection of data ? need to set up the
Computer, databases,
internet
security first
- expensive
E-government contact with gov in electionic way
Digital information management
Ex. form
(not every gor
New chaizontal state -citizen relationship? ppl. might
request service in an
easy way

ページ5:

11
On
demand" services
not yet foodpri
a
data security, data protection setting up is costly
But danger of over-standardization, over centralization
individual cases deserve individual attention - should be treated
by human,
not computer
which state services are subject to privatization? PTT
Privatization
0
Reasons for privatization
increase of state tasks with growing complexity
financial constraints not enough money
- no knowledge
need to have
expert
if pri- competition many companies.
D
low price
However
Ex
Germany electricity
c dis of privatization)
-4 Compunes
- same price
-Main obj is
profit
new interpretation of the role of the state
A privatization

ページ6:

• Discharge of the state
Mobilization of
private
of
no.
Society
Kinds of Privatization
• Organizational privatization
-
private juristic person, PPP, appointed persons still the full power
set up through dif person
responsibility remains with the state (51%)
Ex.
state railway airline
Water/electricity supply
state hospitals
Functional privatization
Full privatization of executive task chelper)
Ex park in the area that can't park
W
police
If'
pull away
I no matarial
- ask help from private to do
responsibility is privatized
"How responsibility is privatized -
the state can change
policy
more efficiency
cindirect administration)
state makes a decision
how is done?

ページ7:

Ex
facility management, haste management, planning experts.
Privatization of administrative tasks
material privatization
task not within state responsibility anymore (state moves out)
-
liberalization vs. regulated markets
Ex. postal, telecommunication service
electricity supply
Advantages/dis of privatization?
↓
d
-market failure
-Corruption-dev ing countries.
- left the responsibility to
Private
However, the state still controls

ページ8:

Introduction to Administrative law i
Administrative law is
a part of public law.
vertical relationship: state - ind 1 citizen
I
How to distinguish public & private law?
Protected interested c public or private ?)
Lo Public law may serve individual
Subordination (vertical relationship)
interests Ex. ind. rights
freedom of speech
Properties
Lo Contracts may be governed by public law public law contract
Addressee of a rule (everyone I the state)
Lo Adressees may be individuals + state
Public vs. Private law
Defining
9
rules addressed Cat least) also at the state in his particular ple/
Capacity &
Lo freedom of speech
at least
the state should respect those nights
Lo the state has the certain that the normal people don't have

ページ9:

0
cind.)
(at least) also public interests Ex. building permission - Am I allowed to
regardless of subordination / contractual relationship
Lo contract public law.
exception
7
build 2
Safety
Lo neighbors
are not
affected
I
state services Ex. eledricity, water, public pool,
J
the state
(company
)
private.com
theater
Ex. explosion (private) - how they
Steptor abatperform?
• Private juristic persons
0
Two-steps-doctrine
If "
public law
makes
the gov
a declion
How
private law
- how
they perform?

ページ10:

Defining Administrative law
@
Administrative law governs cinternal affair)
the ad org I structure Ex. dif levels authority-following competence
administrative activity c but can also be private) -Dexternal
Ad Law
-
Constitutional law
state org law
ad court procedural law
kinds of Ad law
0
Organizational law
Interior Law
Formal law
what to do?
(procedure / certain doc / how does
General Ad law |
the agency decide?
Activity law
Exterior Law
- Are you allowed
If you have the
Tights?
Material law to build the have?
determine when do you
to build the
Specific Ad law
have
toilet?
when is
allowed
not aloved?

ページ11:

-
Gen & Specific Ad law
Gen Ad Law
-
(procedure law)
zhou
- procedures that can be applied
to any field
apply to all agency
Ex. fishery
rules binding for any administrative authority no matter what field
organizational, procedural,
state liability rules
written/ unwritten
Specific administrative law
-
puble Ex. fishery can't be applied
in telecommunication
limited in some fields
Cmaterial law)-apply to certain branches
Rules governing specific administrative activities
civil servants, communal law, police, construction, environment
'
Inter and Supranational Administrative law
International Administrative law - not yet exist
Internationalization
Lo Worldwide trade
globalization
Lo cross-border pollution
Lo int. terrorism
19.09.14
need cooperation public/private sector
needs dif laws
Lo Worldwide information / communication systems,
- not yet exist
However: No int. administrative Collision law - private law A & B which law
Border-near foreign parties may assert rights
gor has their own would be applied
adminitiative of law
Lo Nuclear power plants, airports at the border - noisy in the border-near

ページ12:

vertical internationalization
law has to be
changed
public can participate
build or not?
Lo setting of int administrative rules ckyo to protocol, Arhus convention)
Lo Benchmarks
CPISA / OECD
school tests)
etonfo Lo Take-over of public administrations
CU.N. in Bosnia )
Lo Executive Disarmament inspections
CIAEA)
↓
directly affect the
ad law of each country
They have to
apply it
Horizontal internationalization
Lo Cross-border cooperation
chorder protection)
Supranational Ad Law (EU)
European Union=
Supranational org
Lo confer some sovereignty
Regulations, directives, decions
Enforcement by
- affect ad law of country
LD EU bodies (exceptionally) - legal framework I can't enforce the law
Lo member states
- interpretation of national ad law in accordance with EU law
Vertical / horizontal administrative cooperation