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Organizacja oraz finansowanie publicznego radia i telewizji w Republice Federalnej Niemiec

100%

Miemiec W., Miemiec M.

Przegląd Prawa i Administracji

2018

vol. 114

167-184

In the Weimar Republic and in the Third Reich, radio broadcasting was dependent on the government. The Federal Republic of Germany, on the other hand, created a legal system that provided the mass media with legal and factual independence. The system of radio and television was influenced by the case law of the Federal Constitutional Court. The public radio and television broadcasters include national broadcasters and joint broadcasters of federal states, organized as public-law establishments with legal personality. The management of broadcasters has been implemented basing on similar principles. The radio broadcasting board is a constitutive and controlling body, the administrative board and the authorizing officer are executive organs. The national radio board consists of people delegated by the parliament, national government, circles and organizations which are significant politically, ideologically and socially, according to the statutory key. The board of Deutschlandradio, a corporation associating ARD, ZDF and national broadcasters, consists of representatives of the federal states, the federal government and social organizations. The radio board selects the majority of the members of the administrative board, selects and dismisses the authorizing officer, consents to the casting of the broadcaster’s management positions, adopts program guidelines, advises the authorizing officer in shaping the program and other basic matters, approves the economic plan, adopts the discharge resolution. The administrative board supports the broadcaster’s economic development, concludes an employment contract with the authorizing officer, settles disputes between the authorizing officer and the broadcaster, supervises the management of cases by the authorizing officer, controls the budget and annual closure drawn up by the authorizing officer, publishes the balance sheet and the annual report, takes decisions on contracts if there is no competent authorizing officer. The broadcasters are legally supervised (by the competent government or minister). The internal control exercised by the radio board plays a fundamental role in the area of ensuring compliance with the law. German radio and television is financed by levies — initially from fees, and starting on 1.01.2013 from contributions levied on households. There is financial equalization in public radio and television. Such a system of financing provides the public media with independence and ensures the implementation of their statutory tasks, in particular the fulfilment of the public mission.

Kolegialność i jednoosobowość w strukturach samorządu terytorialnego

86%

Jagielski J.

Studia Iuridica

2020

vol. 85

92-108

The article deals with the subject of collegiality and monocracy in the structure of local government authorities in Poland. The author begins his considerations with the characteristics of the collegial and monocratic form of organization of administrative organs. It indicates their essence, advantages and disadvantages and the related possibilities of their application in public administration. The next part of the study analyzes the existence of collegial and monocratic forms in the organizational system of local government authorities, which are treated in a broader sense than just as organs of individual local government units. The author indicates collegial and monocratic structures, emphasizing that the former are clearly preferred, and discusses the postulate of extending the monocratic form to all local government executive bodies; also draws attention to the need for a legal solution to the emancipation of monocratic offices of heads of collegial organs towards the separate and independent offices. An important role is played by the presentation and evaluation of various collegial bodies with which local government organs are enclosed. The considerations end with summarizing reflections, in which the timeliness and importance of the issues under consideration is emphasized, along with the listing of the most important issues.

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1 Przegląd Prawa i Administracji

1 Studia Iuridica

1 2021

1 2018

1 Jagielski J.

1 Miemiec M.

1 Miemiec W.

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Organizacja oraz finansowanie publicznego radia i telewizji w Republice Federalnej Niemiec

Kolegialność i jednoosobowość w strukturach samorządu terytorialnego