|
SREBALOVÁ, M.: The principle of
educational influence in administrative proceedings. (Inauguration lecture).
Právny obzor, 101, 2018, č. 3,
s. 209 – 225.
Abstract. The article is
focused on a meaning, content and expresion of the principle of educational
influence in the administrative proceedings. Educational influence by the
administrative authorities on parties to the proceedings significantly
influences the functioning of the whole society and specifically this concerns
the fulfillment of public administration tasks. The principle of educational
influence within the framework of the basic rules of general administrative
proceedings, under the Act No. 71/1967 on Administrative Proceedings required
the administrative authorities to strengthen the citizensʹ confidence in the
correctness of the decision and also to make the decisions convincing. Such
content reflects the principle that the administrative authorities should act
convincingly. The significance of the analyzed principle is confronted with
trends in the development of the public administration and of the administrative
law in terms of the conditions of the Slovak Republic in connection with the
development of European public administration. It is characterized in particular
by the fulfillment of the claims contained in the concept of good administration,
but also by the crisis of trust in public institutions. In this regard, the
article highlights in particular, the persistant problem of the absence of
adequate legal regulation of the administrative punishment in Slovak
circumstances. Such a regulation, as well as a general regulation of
administrative procedure should reflect common European values and the specific
values and goals of administrative proceedings of each state as well.
Incorporation of the principle of convincingness between their basic rules would
be consistent with a preventive role of the public administration and the
effective fulfillment of its tasks.
Key words: principle of
educational influence, principle of convincingness, principles of the
functioning of administrative authorities, administrative proceeding
|
ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
|
