82 The decision of the administrative authority as described in the Administrative Procedure Code and in the Judicial Administrative Code Abstract This diploma thesis concerns the difference in the definition of the decision of the administrative authority in the Administrative Procedure Code and in the Judicial Administrative Code. Its aim is, on the one hand, to describe the features of the concept of the decision of administrative authority according to the Administrative Procedure Code and according to the Judicial Administrative Code. on the other hand to define these concepts from a practical point of view and provide insight into the case law definition of these institutes. The aim is to provide a certain orientation in the issue and point out the pitfalls that may arise in the conflict of theoretical and practical definition. The diploma thesis is focused on the summary of the theoretical concept of the decision of the administrative authority and on the positive legal definition of this institute, on the other hand on the definition of the decision of the administrative body taking into account selected case law. At the end of the chapters dealing with selected case law, the author tries to synthesize the knowledge gained during the study of selected case law and thus to define the features of the...

Diploma thesis "Planning Permission Procedure" deals with one of the key sectors of special public law, the valid legal regulation of planning permission procedure, a part of the legal regulation of building law. Planning permission procedure is a special type of administrative procedure and can be possibly seen as a main connection between zoning and building permission. A planning permission can result in most influential and interventional changes in the territory. During this proceedings, personal and public interests usually clash. The thesis analyses decisions of the Supreme Administrative Court, a court with key impact on some parts of the planning permission procedure. These decisions include both older key decisions as well as new ones, like the one dealing with Planning Consent. The thesis focuses on different types of planning permission procedure in order to facilitate orientation in this complex topic; it analyses various forms of permissions such as Planning Consent or Public Contract. The work has an ambition to put the terms of planning permission proceeding into historical context. For that purpose, I included the chapter on the history of building law in the historical territory of Czechia. The aim of this diploma thesis is to present current planning permission proceedings and...

General Measure Abstract This diploma thesis is focused on general measure as one of the activities of public administration in Czech Republic. The thesis is systematically divided into four consecutive parts. First part is devoted to theroetical treatsie on the various forms of admnistrative acts. This part emphasizes the distinction between abstract administrative acts, individual administrative acts and mixed administrative acts, which are divided into two groups - specifically abstract and abstractly specific. Second part is focused on generals measures in general and its enshrining in czech legal order. This part includes definiton of general measure, its regulation in foreign law, wich is one of the inspirations for czech regulation. Second part of the thesis also includes chapters devoted to materiál and formal aspects of general measures as well as chapter about some particular general measuers. Following part is about creation of a general measure. This is a procedure that is generally regulated by the sixth part of the Administrative procedure code and applies whenever a special law does not says otherwise. This section is divided into five chapters, where each of the last four chapters deals with a different phase of the process. Last part is devoted possibilities of reviewing general measures....

Indiana University-Purdue University Indianapolis (IUPUI) / Work-life conflict has been repeatedly demonstrated to have a negative impact on individuals and organizations alike. Although the negative impact of work-life conflict has been recognized in the Industrial Organizational Psychology and Organizational Behavioral literature, very few researchers have developed interventions to reduce it. Moreover, the interventions currently in existence tend not to be practical, grounded in relevant theory, or experimentally tested. Thus, the present study sought to create and test an intervention based upon concepts from border theory and conservation of resources theory. Specifically, using these theories, the intervention sought to provide segmentation techniques as a resource for participants to reduce work-life conflict. The intervention was tested on a group of university employees. Results were unsupportive of predicted hypotheses, the intervention was not found to significantly impact segmentation, work-life conflict, work outcomes, or personal outcomes. Future directions, theoretical and practical contributions, and limitations are discussed. Despite insignificant findings, the present study offers practical and theoretical guidance for organizations and researchers interested in developing interventions to reduce work-life conflict.

A normative theory of public administration grounded in the Constitution is examined in practice from individual, institutional and situational perspectives. This theory argues that public administrators should use their discretionary power in order to maintain the balance of powers among the three branches of government in support of individual rights. The role of serving multiple constitutional masters simultaneously is captured by the concept of subordinate autonomy. The individual level of analysis describes the process by which a variety of public administrators at several levels of government have illustrated constitutional subordinate autonomy in their careers. The institutional perspective examines how public administrators can be influenced by the agencies in which they operate, and how these factors interplay with the constitutional model. The situational perspective presents classic dilemmas commonly faced by public administrators that are relevant to the constitutional model. The case studies presented illustrate the usefulness and limitations of this normative theory by examining several factors which guide and restrain public administrators as they struggle with contentious issues and use their discretion to influence the direction of public policies and programs. / Ph. D.

This study explores all due process hearings that occurred in Texas public school districts from 2010-2015. Special attention was paid to the reasons for the hearings within the legal reports addressed and their outcomes. The study was conducted using a quantitative approach involving a legal document content analysis of due process hearings to select the participants to be interviewed with a qualitative semi-structured interview protocol. Following this process, nine participants from one district were interviewed. Responses were then analyzed for themes and patterns using qualitative methods, and conclusions were drawn based on the data. The study found that campus and central office administrators believed socio-economic levels, lack of empathy shown to parents, and distrust contributed to parents' decisions to file due process complaints or litigation. They also believed that placement decisions influenced by student discipline, parent denial about the impact of the disability on children, and parent entitlement played a role. Lastly, the nine participants found that parent advocacy and communication were strong contributors to the amount of due process hearings held at Evergreen ISD.

published_or_final_version / abstract / Politics and Public Administration / Doctoral / Doctor of Philosophy

University of Macau / Faculty of Law

A presente pesquisa tem como objetivo geral analisar a procedimentalização nos Conselhos Municipais de Políticas Públicas, isto é, analisar o regime jurídico dos procedimentos administrativos aplicáveis aos Conselhos, bem como o modo de participação dos Conselhos no processo orçamentário municipal de São Paulo. Embora existam há mais de duas décadas, a revisão da literatura indica que os Conselhos em geral têm se destacado mais como instâncias de fiscalização do que de planejamento de políticas públicas. Como objetivos específicos, a pesquisa pretendeu averiguar a adequação dos procedimentos administrativos que regem o Conselho Municipal de Habitação de São Paulo (CMH) e analisar sua participação no processo orçamentário municipal com base na Análise de Conteúdo das Atas de Reunião de 2003 a 2015. Como resultado, a pesquisa identificou que o CMH não elaborou nem aprovou, desde o início, nenhuma das propostas orçamentárias (PPA, LDO e LOA) do Fundo Municipal de Habitação (FMH), nas quais se formalizam as diretrizes, metas, programas habitacionais e planos de aplicação de recursos do Fundo, ao contrário do que dispõe a Lei Municipal 13.425/02. Na fase de execução orçamentária, foi possível perceber que o Conselho tem atuado, quase exclusivamente, como agente gestor do Fundo, apreciando e aprovando previamente as propostas de operações (projetos e atividades) a implementar. Além disso, a pesquisa evidenciou que o processo decisório do CMH tem se desenvolvido sem o necessário esclarecimento e sem a adequada instrução processual, principalmente, no que diz respeito ao direito à ampla defesa e à produção de provas pelos conselheiros. A pesquisa concluiu que o CMH deveria agir, com maior ênfase, no planejamento e elaboração das propostas orçamentárias na fase de elaboração da política pública; e como órgão de fiscalização, monitoramento e avaliação na fase de implementação da política pública, estas, afinal, sua vocação institucional; ao invés de atuar como agente operador do Fundo, que pressupõe competências legais e administrativas estranhas ao Conselho. / This research has the general objective of analyzing the proceduralization in the Municipal Public Policy Councils, it means, analyze the legal regime of administrative procedures of Councils as well as the mode of participation of the Councils in the São Paulos municipal budget process. Although there are more than two decades, the literature review indicates that the Councils in general have stood out more as supervisory bodies than in the public policy planning. As specific objectives, the research intended to verify the adequacy of the administrative procedures governing the Conselho Municipal de Habitação de São Paulo (CMH ) and analyze their participation in municipal budgeting process based on the Content Analysis of the Minutes of Meetings of 2003-2015. As result, the survey also found that the CMH, since the beginning, did not made or approved none of the budget proposals (PPA, LDO and LOA) of Fundo Municipal de Habitação (FMH), in which the guidelines, goals, housing programs and plans application of Fund are formalized, against the Municipal Law 13,425/02. In the budget execution phase, was possible to realize that the CMH has worked almost exclusively as Fund manager agent, appreciating and previously approving the concrete operations (projects and activities) to implement. In addition, the research showed that the CMH\'s decision-making process has not been observing the proper right of notice and comment, especially about the right to comment and offer evidences by the counselors. The research concluded that the CMH should act with greater emphasis in the planning and preparation of the budget proposals at the stage of elaboration of public policies; and as a supervisory body, monitoring and evaluation at the implementation phase of public policy, these, after all, your institutional vocation; instead of acting as manager agent of the Fund, which presupposes legal and administrative expertise out of the Council.

Made available in DSpace on 2016-04-26T20:30:30Z (GMT). No. of bitstreams: 1 Fernanda Reis Pereira.pdf: 3564855 bytes, checksum: 66eb22439ee8703e9e9feff913ff14df (MD5) Previous issue date: 2010-05-26 / This work is an analysis of the development of social security administrative procedure as a tool for ensuring social protection of policyholders of Social Security in the application of social security benefits. It s delineated the evolutionary path of social protection worldwide and its development in Brazil until now. From this reality, the administrative process as a necessary tool for ensuring social protection is showed. Then, the source of the administrative function is analyzed, visiting the main historic moments of its evolution until the current model of affirmation and implementation of the democratic state of law. Besides, this work dedicates to the general theory of administrative procedure - consolidated in the Law 9.784/99 - defining what principles are and delineating each one of them. Subsequently, the analysis is directed to the main goal of this work based on the study of administrative procedure in social security, demonstrating the many peculiarities of the administrative work in this area. Differences between the procedure and the administrative process are showed - a distinction of great importance for understanding the stages of the administrative welfare state activity. Once established this distinction, the administrative writ until its decision is analyzed (administrative procedure), with the consequent formation of the social security deal (administrative process) / Este trabalho consiste na análise do desenvolvimento do processo administrativo previdenciário como instrumento para a garantia da proteção social dos segurados da Previdência Social no requerimento de benefícios previdenciários. O estudo é iniciado com o delineamento do caminho evolutivo da proteção social mundial e seu desenvolvimento no cenário brasileiro até os dias atuais. A partir dessa realidade, é apresentado o processo administrativo como instrumento necessário para a garantia de proteção social. Para tanto, analisa-se a origem da função administrativa, percorrendo os principais momentos históricos de sua evolução até chegar ao modelo atual de afirmação e aplicação do estado democrático de direito. Dedica-se, então, à teoria geral do processo administrativo - consolidada na Lei n. 9.784/99 definindo o que são princípios e discorrendo sobre cada um deles. Posteriormente, a análise é direcionada para o aspecto principal deste trabalho, qual seja, o estudo do processo administrativo no âmbito previdenciário, englobando todas as suas peculiaridades. Demonstram-se as diferenças entre o procedimento e o processo administrativo distinção de suma importância para o entendimento das fases administrativas da atividade estatal previdenciária. Uma vez consolidada essa distinção, é traçada a trajetória administrativa iniciando-se pelo requerimento inicial até a sua decisão (procedimento administrativo), com a consequente possibilidade de interposição de recurso, quando, então, é formada a lide previdenciária (processo administrativo)