PUBLIC ADMINISTRATION
in SR
Eleonora Marišová
SAU in Nitra, Faculty of European Studies and
Regional Development
Chapter VIII
Public Administration in Slovakia
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
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)
Government
Ministries(18) and central authorities
Regional offices with units of general and
specialised state administration(8)
District offices with units of general and
specialised state administration(79)
Government
Ministry of
interior affairs
Other
ministries(13)
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)
Regional self government
offices(8)
Municipalities - 2891
Nižňanský, V.: Verejná správa na Slovensku.2005, Úrad vlády SR.ISBN 80-969459-4-7
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
– Competence – 2nd level of SA (appeal,
coordination, control)
- 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
Government
Ministry of
interior affairs
Other
ministries(13)
Regional offices
of specialised
administration
District offices of
general
administration(50)
District offices of
specialised
administration(from 40
to 50)
Regional self government
offices(8)
Municipalities – 2891
Cities 138 (out of them)
Nižňanský, V.: Verejná správa na Slovensku.2005, Úrad vlády SR.ISBN 80-969459-4-7
Specialised Local authorities of
SA
• Regional offices
– Competence – 2nd level of SA (appeal,
coordination, control)
– 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
SpecialisedLocal authorities of SA
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
Boundaries of the SR
Scope of Regional Land Office
Boundaries of Districts
Establishment of Regional Land Offices (8)
Establishment of District Land Offices (44)
Specialised Local authorities of
SA
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
Boundaries of the SR
Scope of Regional Forestry Office
Boundaries of Districts
Establishment of Regional Forestry Offices (8)
Establishment of District Forestry Offices (40)
SpecialisedLocal authorities of SA
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
-
Environmental Offices
Boundaries of the SR
Boundaries of Districts
Establishment of District Environmental Offices (46)
Establishment of Regional Environmental Offices (8)
Scope of Regional Offices of Environmental Offices
Specialised Local authorities of
SA
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 SR
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)
SpecialisedLocal authorities of SA
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 SR
Boundaries of the Regions
Boundaries of the Districts
Establishment of Public Health Office (1)
Establisment of the Regional Public Health Offices (36)
Specialised Local authorities of
SA
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
Boundaries of the SR
Establishment of the Regional Education Office (8)
Specialised Local authorities of
SA
• 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
Specialised Local authorities of
SA
• 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
Boundaries of the SR
Establishment of the Regional Building Offices (8)
Boundaries of the Districts
Specialised Local authorities of
SA
• 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
Boundaries of the SR
Establishment of the Historical Monument Office
Establishment of the Regional Historical Monument Office (8)
Conception of State
administration for future
VARIANT 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
Nižňanský, V.: Verejná správa na Slovensku.2005, Úrad vlády SR.ISBN 80-969459-4-7
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, preschool 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
Nižňanský, V.: Verejná správa na Slovensku.2005, Úrad vlády SR.ISBN 80-969459-4-7
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
Organisation of public administration: summary
- 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)
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 80969459-4-7
•
Nižňanský, V.: Verejná správa na Slovensku.2005, Bratislava. Úrad vlády SR.ISBN 80969447-1-1
•
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