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1

O OPATRENÍ VŠEOBECNEJ POVAHY V KONTEXTE VEREJNOSPRÁVNEJ ČINNOSTI

100%
Kukliš P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 2
86 – 97
EN
The paper deals with issue of the position of the measure of general nature – a relatively new instrument – in the system of forms of a public administrative activity. It deals with the content, forms of activity and their classification. Attention is focused mainly on measures of a general nature (definition, material vs. formal concept, legislation). The author prefers a material perception of a measure of a general nature. It considers that the terminological aspect of this matter should not be ignored. Certain acts having the nature of an act of a general nature may be considered as normative administrative acts (generally binding acts). It considers that the measure of a general nature constitutes a separate form of public administration activity.
2

VYHLÁŠKY ÚRADOV VEREJNÉHO ZDRAVOTNÍCTVA AKO PRÁVNY PREDPIS

100%
Kukliš P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
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vol. 104
|
issue 2
141 – 154
EN
The article deals with the ordinances of the Public Health Office and of regional public health authorities as a new type of generally binding legal act. The subject of criticism is the way in which the law empowered the Public Health Office and regional public health authorities – as state budget organizations – to issue generally binding ordinances. The way in which this legislation is published is also criticized.
3

O PÔSOBNOSTI OBCE

100%
Kukliš P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
|
vol. 105
|
issue 3
205 – 232
EN
The paper deals with issues of the competence of municipality as a key concept of the theory and practice of public administration. It can be assumed that the municipality is a kind of element between civil society and the state. This fact has, resp. should have an impact not only on the nature of territorial self-government and public administration, but also on the nature of the municipality’s competence. For this reason, the author prefers the divided competence of the municipality. He is of the opinion that the original (own) competence of the municipality should be the predominant segment of the competence of the municipality and the elements of non-sovereign administration should predominate in its activities. It presents some inspiring foreign suggestions, draws attention to the prevailing problems, as well as possible modifications in terms of determining the competence of the municipality. It draws attention to the consequences of the nationalization of local self-government. He criticizes the non-traditional way of defining the competence as a “liquid” competence of the municipality.
4

O PODOBÁCH VEREJNEJ SPRÁVY

100%
Kukliš P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
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vol. 106
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issue 6
521 – 542
EN
It is very difficult to define public administration. The author agrees with the opinions according to which it is more accurate to describe public administration than to define it. Public administration and public power are correlates, their existence is mutually dependent. Public power is the basis of public administration, and public administration is one of the forms by which public power is exercised. At the same time, with its organizational and technical activities, it partly participates in the creation of public power (e.g. in the case of parliamentary, presidential, regional and local elections). Attention is paid to the material and formal understanding of public administration, bearers and executors of public administration, superior (intervening) and non-superior (caring) public administration. The shape of public administrations in individual countries is influenced by significant efforts to improve the quality of public administrations. The most influential reform concepts in recent times are probably New Public Management, Neo-Weberian State, New Governance and Hybrid Governance. Despite the various shapes of public administration, the Principles of Good Public Administration, the European Principles of Public Administration, the European Code of Good Administrative Practice can be considered as a basic element of public administration. Public administration has a significantly high number of forms, which will change depending on objective and subjective conditions. The common denominator of current and future public administrations is (or should be) „a matter of course“ that „public administration is a service to the public“ [Art. 4 (1) of the Czech Administrative Proceedings].
5

O SÚČASNEJ SITUÁCII V SLOVENSKEJ PRÁVNEJ NORMOTVORBE

63%
Kukliš P., Hodás M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2016
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vol. 99
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issue 6
474 – 500
EN
In these days, the types of law sources and the processes of origin of law-norms become so complicated, that there is no doubt they represent a specific field of research at the professional as well as scientific platform. In the submitted article the both authors describe in overview and analyse in details the recent sources of law and law-making processes determining the legal milieu in Slovak Republic. Also, they do not neglect the “constitutional” judicatory, the problems of an electronic collection of law-decrees, or the rules of referendum law-making. They also stress the relevant law-making connotations to the EU law-system (intra community consultation process, consulting within the EU institutions, requirement of the transposition and implementation, including the Slovak Parliament). The final part of the study is devoted to the contemplations on some system problems of the recent law-making (law making as a part of politics, hypertrophy of law, quality of legislators, etc.).
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