scholarly journals Zakres podmiotowy prawa do petycji w Niemczech

2019 ◽  
pp. 79-99
Author(s):  
Filip Zygmunt Wichrowski
Keyword(s):  
Federal Republic ◽  
Ancient Rome ◽  
Federal Republic Of Germany ◽  
Public Authorities ◽  
Future Possibility ◽  
The Public ◽  
Basic Law ◽  
The Subject ◽  
The Right ◽  
The 19Th Century

The subject of this article is the right to petitions specified in Article 17 of the Basic Law of the Federal Republic of Germany. This provision regulates the individual’s right to address requests and complaints to public authorities. This publication contains an analysis of this institution with regard to entities that are entitled to exercise this right, as well as entities obliged to consider submitted petitions. The author begins the analysis of the indicated institution be reviewing the evolution of the historical right to petition, which has evolved from the institution of supplication known in ancient Rome. He indicates changes in the subjective scope of the right to petitions, focusing on the achievements of German constitu- tionalism in the 19th century. Next, the current regulation that guarantees the right to petition in Germany in its normative environment is presented. The public authorities that are the addressees of the petition have been analysed, and the scope of duties associated with receiving a complaint or request indicated. Furthermore the author describes particular types of entities that are guaranteed the right to submit petitions under the Basic Law of the Federal Republic of Germany. In this respect, various kinds of restrictions of this right, depending on the type of the petitioner, are identified. The last part of the work contains the characteristics of various forms of petitions due to the type of author and the addressee. Various functions which currently are fulfilled by the institution of petitions were subjected to analysis. In this context, a distinction was made between individual petitions and collective petitions, tak- ing into account their subject matter and the aims intended by the petitioner. The author also shows the future possibility of a development of the discussed institution, describing the public petition to the Bundestag, which has an electronic form.

scholarly journals Social and Economic Rights in the German Basic Law? An Analysis with Respect to Jurisprudence of the Federal Constitutional Court

2020 ◽  
Vol 6 (2) ◽  
pp. 190
Author(s):  
Christoph Enders
Keyword(s):  
Federal Republic ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Economic Rights ◽  
Basic Law ◽  
Federal Constitutional ◽  
Right To Participation ◽  
The Right

The Basic Law for the Federal Republic of Germany did originally not provide for social or economic rights understood as claims to benefits. The Federal Constitutional Court (FCC) did, indeed, recognise the states obligation to protect individuals against assault by others (right to security) and further ruled that everyone has the right to use facilities provided by the state under equal conditions (right to participation). These rights, however, aim to ensure that the state uses existing means as intended. In addition, the FCC by now has recognised a “right to the guarantee of a dignified minimum subsistence”. It is an original entitlement as the state is obliged to create and provide benefits for individuals in need. This new legal construction, however, misconceives the division of responsibilities between the FCC and the legislator and collides with the principle of the separation of powers

Rights, Citizenship, and Society

2019 ◽  
pp. 45-70
Author(s):  
Peter C. Caldwell
Keyword(s):  
Social Policy ◽  
Federal Republic ◽  
Free Speech ◽  
Federal Republic Of Germany ◽  
Social Rule ◽  
Basic Law ◽  
The Social ◽  
The Right ◽  
State Interventions ◽  
The Relationship

The social rule of law, or social Rechtsstaat, was a second key term used in the first decade of the Federal Republic of Germany to justify extensive state interventions into society, so long as they preserved individual freedoms. Individual freedoms—such as the right to free speech, the right to enter and exit contracts, and the right to own property—required some kind of social supplement to ensure real freedom, or so the term suggested. By cementing this principle in the Basic Law, the founders opened up a debate about the justification, nature, and extent of the welfare state. Some, like Ernst Forsthoff, rejected the entire discussion as non-sensical; others, like Wolfgang Abendroth, viewed the constitutional concept as a spur to social reform. While this debate took place among lawyers, its real significance lay in the way it articulated the relationship between social policy and democracy.

Strategi Humas Partai Gerindra dalam Membangun Citra Partai pada Pemilu 2014

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Rialdo Rezeky ◽  
Muhammad Saefullah
Keyword(s):  
Data Collection ◽  
Public Relations ◽  
Media Relations ◽  
Executive Board ◽  
The Public ◽  
Community Or ◽  
The Subject ◽  
Main Components ◽  
The Right ◽  
Participatory Observation

The approach of this research is qualitative and descriptive. In this study those who become the subject of research is an informant (key figure). The subject of this study is divided into two main components, consisting of internal public and external public that is from the Board of the Central Executive Board of Gerindra Party, Party Cadres, Observers and Journalists. The object of this research is the behavior, activities and opinions of Gerindra Party Public Relation Team. In this study used data collection techniques with interviews, participatory observation, and triangulation of data. The results of this study indicate that the Public Relations Gerindra has implemented strategies through various public relations programs and establish good media relations with the reporters so that socialization goes well. So also with the evaluation that is done related to the strategy of the party. The success of Gerindra Party in maintaining the party’s image in Election 2014 as a result of the running of PR strategy and communication and sharing the right type of program according to the characteristics of the voting community or its constituents.Keywords: PR Strategy, Gerindra Party, Election 2014

SUBJECTS AND OBJECTS OF PUBLIC MARKETING

2018 ◽  
Vol 1 (12) ◽  
pp. 260-270
Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko
Keyword(s):  
Public Administration ◽  
Municipal Government ◽  
Executive Power ◽  
Marketing Concept ◽  
Public Authorities ◽  
Public Marketing ◽  
The Public ◽  
State Management ◽  
Management Concepts ◽  
The Subject

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

scholarly journals Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

scholarly journals Designing the social estate of odnodvortsy of the western provinces in 1831

2017 ◽  
Vol 6 (2) ◽  
pp. 135-140
Author(s):  
Constantin Vadimovich Troianowski
Keyword(s):  
19Th Century ◽  
Legal Status ◽  
Social Hierarchy ◽  
Social Category ◽  
The Past ◽  
Imperial Russia ◽  
The Social ◽  
The Subject ◽  
The Right ◽  
The 19Th Century

This article investigates the process of designing of the new social estate in imperial Russia - odnodvortsy of the western provinces. This social category was designed specifically for those petty szlachta who did not possess documents to prove their noble ancestry and status. The author analyses deliberations on the subject that took place in the Committee for the Western Provinces. The author focuses on the argument between senior imperial officials and the Grodno governor Mikhail Muraviev on the issue of registering petty szlachta in fiscal rolls. Muraviev argued against setting up a special fiscal-administrative category for petty szlachta suggesting that its members should join the already existing unprivileged categories of peasants and burgers. Because this proposal ran against the established fiscal practices, the Committee opted for creating a distinct social estate for petty szlachta. The existing social estate paradigm in Russia pre-assigned the location of the new soslovie in the imperial social hierarchy. Western odnodvortsy were to be included into a broad legal status category of the free inhabitants. Despite similarity of the name, the new estate was not modeled on the odnodvortsy of the Russian provinces because they retained from the past certain privileges (e.g. the right to possess serfs) that did not correspond to the 19th century attributes of unprivileged social estates.

scholarly journals Atuação das organizações sociais na administração dos serviços de saúde: eficiência e seu instrumento de concretização do direito fundamental a saúde - Action of social organizations in the administration of health services

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses
Keyword(s):  
Social Services ◽  
Public Interest ◽  
Economic Sector ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Social Organizations ◽  
The Subject ◽  
Article 5 ◽  
Percentage Data

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>

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