Revision.2 English for Public - PowerPoint Presentation

Slide1

Revision.2

English for

Public

Administration

IIISlide2

Answer

the

following:

1. Does the Charter of Fundamental Rights of the EU replace national constitutional systems or the system of fundamental rights protection guaranteed by the European Convention on Human Rights?

2. What was the purpose of the Charter of Fundamental Rights of the EU?

3. When did the Charter become legally binding?

4. Who are the provisions of the Charter addressed to?

5. What does the Charter aim to guarantee?

 Slide3

Answer

the

following:

1. Who published public service principles that should guide EU civil servants?

2. What are these public service principles?

3. What should civil servants be mindful of?

4. What should they be guided by?

5. What should they be ready to acknowledge and correct?

6. How should civil servants act?

7. What should they be willing to explain?

8. What should they keep properly?Slide4

Fill

in the

missing

words

: enacting, ENEL, law, legislate, precedence, rights, Treaty

Soon after the entry into force of the EEC

_________

,

the Community established itself as a major political entity with policy ramifications beyond its economic aims. In 1964,

the

European Court

of

Justice

handed

down its decision

in

Costa

v _________

,

in which the Court decided that Union law should

take

______________

over

conflicting national

____________

.

This meant that national governments could not escape

_____________

what

they had agreed to at a European level by

conflicting

domestic measures, but it also potentially meant that the EEC legislator could

___________

unhindered by the restrictions imposed by

fundamental

______________

provisions

enshrined in the constitutions of member states. Slide5

Fill

in the

missing

words: application, challenge, constitutions, court, inconsistency infringed,

ruled

This issue came to a head in 1970 in

the

Internationale

Handelsgesellschaft

case

when a German court

__________

that

a piece of EEC

legislation

_____________

the

German

Basic

Law

.

On

a reference from the German

____________

,

the ECJ ruled that whilst

the

____________

of

Union law could not depend on its consistency with

national

______________

,

fundamental

rights

did form an "integral part of the general principles of [European Community] law" and

that

___________

with

fundamental rights could form the basis of a successful

____________

to a European lawSlide6

Key

Soon after the entry into force of the EEC Treaty, the Community established itself as a major political entity with policy ramifications beyond its economic aims. In 1964,

the

European Court

of

Justice handed down its decision in Costa v ENEL, in which the Court decided that Union law should take precedence over conflicting national law. This meant that national governments could not escape what they had agreed to at a European level by enacting conflicting domestic measures, but it also potentially meant that the EEC legislator could legislate unhindered by the restrictions imposed by fundamental rights provisions enshrined in the constitutions of member states. This issue came to a head in 1970 in the

Internationale

Handelsgesellschaft

case

when a German court ruled that a piece of EEC legislation infringed

the

German

Basic

Law

.

On a reference from the German court, the ECJ ruled that whilst the application of Union law could not depend on its consistency with national constitutions, fundamental rights did form an "integral part of the general principles of [European Community] law" and that inconsistency with fundamental rights could form the basis of a successful challenge to a European lawSlide7

Provide the

terms matching

the

following

definitionsA formally concluded and ratified

written

agreement

between

two

or

more

states

or

international

organizations

__________________

treaty

The

charter

that

brings

together

the

fundamental

rights

of

everyone

living

in

the

EU

Charter

of

Fundamental

Rights

of

the

EUSlide8

Provide the

terms matching the

following

definitionsThe principle that a central authority should have

a

subsidiary

function

,

performing

only

those

tasks

which

cannot

be

performed

at a

local

level

______________

subsidiarity

Honesty

and

openness

,

when

applied

to

an

organization

,

the

implication

is

that

all

of

the

organization’s

actions

should

be

scrupulous

enough

to

bear

public

scrutiny

_________________

transparencySlide9

Translate

into

Croatian

Civil

servants

should act respectfully to each other and to citizens

.

They

should

be

polite,

helpful

,

timely

,

and

co

-operative.

They

should

make

genuine

efforts

to

understand

what

others

are

saying

and

express

themselves

clearly

,

using

plain

language

.

Civil

servatns

should

be

willing

to

explain

their

activities

and

to

give

reasons

for

their

actions

.

They

should

keep

proper

records

and

welcome

public

scrutiny

of

their

conduct

,

including

their

compliance

wih

these

public

service

principles

.Slide10

Answer

the

following:

1

.

Explain the traditional model of accountability. Who is accountable to whom?

2. What do all mechanisms of accountability depend on?3. What is the generally accepted definition of accountability?4. Which constitutional checks and balances can function as mechanisms of accountability?5. What are the main mechanisms of external public sector accountability?6. What is the most salient form of intra-organizational accountability?

7. How can legislatures hold executives to account?

8. What can the courts determine regarding government action and decisions?

9. What is the role of auditors?

10. What are the other investigating bodies besides auditors?

11. What is the role of the Ombudsman?Slide11

Fill

in the

missing

words

: Accountability, administration, bureaucracy, civil, competition, control, hierarchical

Reconciling the permanence and expertise of the public

___________

with

political control is a persistent problem in democracies.

___________

is

an increasingly complex and difficult concept for public

_________________

,

and also becomes more difficult to ensure in an era of government reform. A key issue regarding accountability in public administration revolves around the tension between the “neutral competence” and “responsive competence” of

_________

servants

. Accountability is pursued with an increasing number of instruments which reflect a move away from “command

and

________

”

toward softer and more collaborative instruments. In addition to traditional

______________

instruments

of accountability, newer instruments of accountability build on mutuality,

______________

and contrived

randomness

.Slide12

key

Reconciling the permanence and expertise of the public bureaucracy with political control is a persistent problem in democracies. Accountability is an increasingly complex and difficult concept for public administration, and also becomes more difficult to ensure in an era of government reform. A key issue regarding accountability in public administration revolves around the tension between the “neutral competence” and “responsive competence” of civil servants. Accountability is pursued with an increasing number of instruments which reflect a move away from “command and control” toward softer and more collaborative instruments. In addition to traditional hierarchical instruments of accountability, newer instruments of accountability build on mutuality, competition and contrived randomness Slide13

a

ccountability

, administrative,

democracy

,

elect

, explanation, government, participationWith the progress of and rapid progress of __________

and

representative

type

of

_________

the accountability has earned added importance. It is chiefly due to the fact that there is no scope of direct

_____________

by the people in the administration. But while

people

__________

someone

or some number of people for transaction of some job, it is a general expectation that he or they will do the job satisfactorily. Any failure will call for an

____________

.

This is accountability. The key idea of

____________

is to ensure a balance in

the

________________

system

.Slide14

Key

With the progress of democracy and rapid progress of representative type of government the accountability has earned added importance. It is chiefly due to the fact that there is no scope of direct participation by the people in the administration. But while people elect someone or some number of people for transaction of some job, it is a general expectation that he or they will do the job satisfactorily. Any failure will call for an explanation. This is accountability. The key idea of accountability is to ensure a balance in the administrative system.Slide15

Provide the

terms corresponding to

the

following

definitions:The state of being

liable

or

answerable

;

responsibility

;

the

obligation

to

answer

for

the

performance

of

duties

_______________

accountability

A

body

of

persons

vested

with

the

power to make

and

repeal

laws

____

Legislature

Honesty

and

openness

;

when

applied

to

an

organization

,

the

implication

is

that

all

of

the

organization’s

actions

should

be

scrupulous

enugh

to

bear

public

scrutiny

transparencySlide16

Provide the

terms corresponding to the

following

definitions:The obligation of the government,

its agencies and public officials to provide information about their decisions and actions and to justify them to the public and those institutions of accountability tasked with providing oversight

.

__________

Answerability

T

he

power

of

the

the

institution responsible for accountability

to

sanction the offending party.

Enforcement

Readiness

of

institutions

and

officials

to

respond

to

the

needs

and

interests

of

those

whom

they

serve

________

responsivenessSlide17

Provide the

terms corresponding to the

following

definitions:The principle that all people

and

institutions

are

subject

to

and

accountable

to

law

that

is

fairly

applied

and

enforced

;

the

principle

of

government

by

law

Rule

of

law

The

judicial

authorities

of

a

country

;

judges

collectively

__________

Judiciary

A

person

or

firm

appointed

to

examine

the

books

of

account

and

the

accounts

Auditor

Income

in

the

form

of

annual

or

periodic

rents

,

profits

or

personal

property

,

which

can

be

earned

by

an

individual,a

corporation

or

government

revenueSlide18

Provide the

terms corresponding to the

following

definitions:An independent official appointed by

government

or

organizations

to

receive

and

investigate

complaints

from

private

citizens

________

Ombudsman

Honesty

or

trustworthiness

in

the

discharge

of

official

duties

_________

Integrity

T

he

process of finding, agreeing terms, and acquiring goods, services, or works from an external source, often via a tendering or competitive

bidding

process

. The process is used to ensure the buyer receives goods, services, or works at the best possible price, when aspects such as quality, quantity, time, and location are

compared

_____________

procurementSlide19

Provide the

terms corresponding to the

following

definitions:The overall process of attracting, shortlisting, selecting and appointing suitable candidates for jobs (either permanent or temporary) within an organization.

__________

Recruitment

T

he

head of

the

UN

Secretariat

,

one

of the six principal organs of the United

Nations.

Secretary

-GeneralSlide20

Translation:

In a representative democracy, the basic accountability mechanism is the general election at which prospective executive leaders present themselves to the voters and seek a renewal of their mandate to govern. Elections compel elected politicians to explain and justify their actions and give the citizens the opportunity to listen and deliver a verdict. Elections, however, need to be supplemented by a range of other accountability mechanisms and should not be seen as the sole instruments of democratic accountability. Slide21

Translation

In public administration,

integrity

refers to “honesty” or “trustworthiness” in the discharge of official duties, serving as an antithesis to “corruption” or “the abuse of office.”

Transparency

refers to unfettered access by the public to timely and reliable information on decisions and performance in the public sector.

Accountability refers to the obligation on the part of public officials to report on the use of public resources and answerability for failing to meet stated performance objectives.Slide22

Answer

the

following:

 1. What does the term 'judicial review' refer to in administrative law?

2. What is the main basis for judicial review in the UK?

3. Explain the meaning of the

ultra vires doctrine.4. What are the two main forms of ultra vires?5. What does procedural ultra vires include?6. When does substantive

ultra vires

occur?

7. What are the main types of substantive

ultra vires

?

8. What are the ordinary civil law remedies in cases of

ultra vires

?

9. What are the public law remedies, or prerogative orders?

10. What are the procedural safeguards protecting public authorities against unreasonable or frivolous complaints?Slide23

Fill

in the

missing

words

: administrative, constitution, courts, discretion, judicial,

unreasonable

,

void

The conventional usage of the term

________

review

could be more accurately described as

“

constitutional

review,” because there also exists a long practice of judicial review of the actions of

___________

agencies that require neither that

_____________

have the power to declare those actions unconstitutional nor that the country have a

written

_____________

.

Such “administrative review” assesses the allegedly questionable actions of administrators against standards of reasonableness and abuse of

____________

.

When courts judge challenged administrative actions to be

______________

or

to involve abuses of discretion, those actions are declared null

and,

as are actions that are judged inconsistent with constitutional requirements when courts exercise judicial review in the conventional or

constitutional

sense

.

Slide24

key

The conventional usage of the term

judicial review

could be more accurately described as “constitutional review,” because there also exists a long practice of judicial review of the actions of administrative agencies that require neither that courts have the power to declare those actions unconstitutional nor that the country have a written constitution. Such “administrative review” assesses the allegedly questionable actions of administrators against standards of reasonableness and abuse of discretion. When courts judge challenged administrative actions to be unreasonable or to involve abuses of discretion, those actions are declared null and void, as are actions that are judged inconsistent with constitutional requirements when courts exercise judicial review in the conventional or constitutional

sense

.Slide25

Fill

in the

missing

words

: balances, constitutional, constitutions, executive, government, review

,

totalitarian

After World War II many countries felt strong pressure to adopt

judicial

_____

,

a result of the influence of U.S.

_______________

ideas—particularly

the idea that a system of

constitutional

checks

and

______________

is an essential element of

democratic

_____________.

Some

observers concluded that the concentration of government power in

the

____________

,

substantially unchecked by other agencies of government, contributed to the rise of

________________

regimes.

Although judicial review had been relatively uncommon before World War II, by the early 21st century more than 100 countries had specifically incorporated judicial review into their

_______________

.

(This number does not include the United States, whose constitution still includes no mention of the practice.)Slide26

key

After World War II many countries felt strong pressure to adopt judicial review, a result of the influence of U.S. constitutional ideas—particularly the idea that a system of constitutional checks and balances is an essential element of democratic government. Some observers concluded that the concentration of government power in the executive, substantially unchecked by other agencies of government, contributed to the rise of totalitarian

regimes.

Although judicial review had been relatively uncommon before World War II, by the early 21st century more than 100 countries had specifically incorporated judicial review into their constitutions. (This number does not include the United States, whose constitution still includes no mention of the practice.)Slide27

Provide the

terms for the

following

definitions

:The power of administrative courts to control

the

legality

of

decisions

made

by

public

bodies

___________

Judicial

review

Financial

compensation

in

civil

cases

Damages

A

remedy

in

the

form

of

a

court

order

addressed

to a

particular

person

that

either

prohibits

them

from

doing

or

continuing

to do a

certain

act

injunctionSlide28

Provide the

terms for the following

definitions

:

Orders issued by the High Court in exercising its supervisory jurisdiction over inferior courts, tribunals, and public authoritiesPrerogative ordersA court order invalidating a decision taken by a public authority. The term can also refer to an order made by a higher court invalidating a ruling made by a lower court

Quashing

order

A

n

official order given by a court

telling

someone that they must do something or stop doing

something

Mandatry

orderSlide29

Provide the

terms for the following

definitions

:

A prerogative order, obtained by an application for judicial review, in which the High Court orders an inferior court, tribunal, or public authority not to carry out an ultra vires act (for example, hearing a case that is outside its jurisdiction).Prohibiting orderSlide30

Answer

the

following:

1. What are the two basic types of judicial review?

2. What is the third type of judicial review which was established in the 1960's?

3. Which treaty established the European Union?

4. Which European Communities had been established prior to the Maastricht Treaty of 1992?Slide31

Translation

By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the States to the Community, the Member States have limited their sovereign rights and have thus created a body of law which binds both their nationals and themselves.Slide32

Translation

By contrast with ordinary international treaties, the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply.