Occupational burnout is a state experienced by an employee in the domain of their psyche, somatics and social interactions. This phenomenon has a huge impact on the functioning of the structure in which this person is employed. In the case of employment in public administration institutions, the occurrence of the burnout syndrome is conditioned by specific factors having to do with the organizational and workplace culture-related conditions within a given institution, as well as systemic and organizational foundations of the administrative structure itself. The burnout syndrome in public administration officials and employees occurs at a similar frequency as in the entire working population; however, for those employed in aid-providing institutions, the risk is notably higher. As for the remedies, a major role is played by supervision and appropriate organizational climate that provides support and respect for other-than-professional areas of social functioning of an employee or a public administration official.
Since 1 June 2017, mediations in administration have astatutory foundation in the provisions of the code of administrative proceedings. Mediator’s actions, which, according to Art. 96 of the code are to help parties to adispute to settle it amicably affect the administrative bodies’ jurisprudence. It can thus be expected that, as was the case with criminal and civil legal proceedings, mediators will become an indispensable part of the administrative office environment, and that mediation itself will influence the organizational culture of the public administration offices. Mediator, being the part of the environment of apublic institution, acts as alink between the organization and its specific and general surroundings. Their specific role should be considered from axiological and communicative as well as praxeological perspective. The conflicts in which public administration bodies are engaged due to their fulfilment of the law dictates the specificity of interactions between these bodies and their environment. This environment is highly dynamic, therefore mediators can be counted as the task environment for such bodies. Since it is not possible to predict all the factors influencing the body’s activity, such as the frequency with which different cases are filed, from the praxeological perspective the mediator’s participation in the court proceedings, as an organ operating outside the administrative structures, is justified.
Legal order should provide system of regulations with the ability to counteract (combat) negative effects of natural disasters at their earliest stage. This is particularly important due to the legal obligation to ensure safety of the population. The legislation enabling to anticipate the negative consequences associated with the occurrence of natural disasters is a local plan, which should be a part of the system ensuring safety of the population within the municipality
Consensual bodies are links in which communication and coordination take place and which enable cooperation of individual structures of the state administrative apparatus. F rom the anthropological point of view, consensual bodies belong to the field of the phenomenon described by this science as mediation. They are a kind of intermediate between separate structures. This causes a number of conditions essential for their functioning in the public administration system.
In the light of the applicable regulations governing administrative proceedings, electronic communication is an acceptable form of communication between the authority and other parties in the area of activities regulated by the provision of Article 13 of the Act of 14 June 1960, the Code of Administrative Procedure, in its current wording. Since this provision provides for the use of mediation in the resolution of disputes relating to the settlement of matters which are the subject of administrative proceedings in the first and second instance, electronic communication may also be used in mediation at both stages of the administrative proceedings. The mediation process itself may be carried out using Internet means of communication, and the mediator may in the same way contact the body referring the case to mediation. Teleconferencing and other methods of electronic communication, such as e-mails, chat-rooms and teleconferences, are all possible under the current legal framework. However, it is not allowed to conduct automated mediation, i.e. mediation in which identification of a specific mediator will not be possible. In the light of current legislation in force, a mediator must be involved in the supervision of the mediation process and be responsible for its course. This is the personal responsibility of the mediator. The trend to use electronic communication in the public sphere will continue. This will apply both to the communication within the internal structures of the administration and to its external relations. The development of e-administration may also facilitate the development of ADR (Alternative Dispute Resolution) methods in administrative proceedings. This corresponds to the global trend where the methods and procedures of administration are being adopted to the environment which is increasingly using different forms of electronic communication.
The article presents issues related to social control of the public administration, which is an important tool for providing the citizens with an opportunity to voice their opinions on matters related to the functioning of the state and its bodies. The article explains its basis, as well as its main instruments, forms and scope. The author of the article also recalls that social control institutions allow for using the involvement of ordinary citizens in the management of public issues, which should contribute to increased participation of the citizens in administering and to further development of the civic society. Thanks to opportunities that social control provides for both the authorities and the citizens, Poland can be regarded by its citizens as their joint property.
Regulations governing the structure of public authorities as well as the conditions of employment in public institutions should be designed in a manner to ensure their effectiveness. It is also necessary that the design of these regulations and conditions considers the findings of both law and social sciences such as sociology, organisation and management science and social psychology. The use of assistants in the Prosecutor’s Office is recommended given the need to ensure the rational division of work within this institution. This allows for effective and efficient use of the prosecutors’ time and efficient management of human resources in the Prosecutor’s Office. In fact, in Poland the problem is the insufficient number of assistants in the Prosecutor’s Office as well as the current legal regulation of the position of assistants which does not meet the expected criteria due to, among others, overly stringent requirements for the education of assistants. Similarly, the method of recruitment of assistants and their pay conditions prescribed by the regulations do not allow for the effective use of assistants in the structures of the Prosecutor’s Office.
As a result of the latest reform of higher education, post-doctoral degree granting is proceeded in accordance with two legal regulations. One of them follows the “old” proceedings – based on the Act of 14th March 2003 on scientific degrees and titles and those related to arts, as well as the Act of 27th July 2005 – Law on higher educa tion. The other follows the “new” way which is compliant with the Act of 20th July 2018 – Law on higher education and science. Since post-doctoral proceedings that follow the “old” manner are still audited, and due to the lack of provisions, in the new reform, on the cases where significant changes have been introduced as for scientific areas qualification, numerous legal issues may arise in auditing of post-doctoral de grees granting or rejecting. Furthermore, regardless of the manner of post-doctoral degree proceedings, it is a procedure with special organisational and legal conditions. It seems worthwhile analysing these conditions, and the audit instruments for proce dural standards application in such cases, as imposed by the legislator.
PL
Postępowanie w sprawie nadania stopnia doktora habilitowanego jest szczególnym rodzajem postępowania administracyjnego o odrębnej procedurze. Ma ona wpływ na specyfikę kontroli jego przebiegu oraz wyniku. W praktyce rysuje się wiele wątpliwości prawnych związanych z poszczególnymi stadiami postępowania. Dotyczą one m.in. prawa wypowiedzi, wpływu wyniku etapów wcześniejszych na kolejne, a także zakresu uzasadnienia decyzji w sprawie nadania lub odmowy nadania tego stopnia naukowego. Ostatnia reforma szkolnictwa wyższego wprowadziła istotne zmiany, mające wpływ także na postępowania prowadzone na podstawie poprzednio obowiązujących przepisów.
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