Code of conduct and professional ethics for public administration
Section: News
The Government has announced by notice published in the BOPA Code of Conduct for Public Service (Code of Conduct and Ethics) that aims to be a collection of rules existing in current legislation, yet also a development of those deficiencies or patterns poorly defined, inspired by Recommendation No. R (2000) 10 of the Committee of Ministers of the Council of Europe on Codes of Conduct for Public Servants, considering that the general trend internationally to fight effectively against Corruption is the unification of criteria in cooperation with the ratification of the Convention on Civil and Criminal Corruption, Council of Europe, Read the rest of this article »
Tags: public administration , corruption
The TC believes that public authorities are entitled to appeal pursuant to
Section: Juris. Administrative , Decisions
"It is not the first time that this Court faces the question, certainly complex, to determine whether public authorities have the rights under Article 10 of the Constitution and, accordingly, if they ask protection against court decisions even if the benefit certain individuals or companies. In a very recent decision (due 2009 to 13.14 and 15-RE), the Court noted, in a death dictum, that in Puritan, under the procedure by its very nature responds to the idea that citizens to defend their constitutional rights ("fundamental human rights and civil liberties," says the Constitution) before the intervention of the authorities, rather than to make it possible for these authorities to uphold their responsibilities decisions of other authorities, in this case, against decisions of the judiciary. However, in another previous resolution (25-RE and 2006-22), the Court clearly established that, despite the nuances normally be introduced in emparaments urged by public or semi, Article 102 of The Constitution does not exclude the possibility that they are holders of Article 10.
In short, according to this doctrine and the initial clarifications that were incorporated, we can say that, nowadays, in order Andorran public bodies are entitled to request the constitutional protection when believe has violated any of its rights under Article 10 of the Constitution. This conclusion could be added now, is particularly relevant with regard to proper procedural rights of Article 10.2 of the Constitution-that is, rights that guarantee them the chance to defend their rights and interests and to this in-equality of arms procedural, however, regarding some of the rights of the first paragraph of this article, and remarkably the right to obtain a court order based on law-because it does not contain procedural safeguards, but Substantive may affect the interpretation and application of law, although from a much-enclosed premise would qualify the general meaning of the parameter or prosecution constitutional canon must be particularly strict in this case to not make the appeal in a proceeding to discuss the interpretations made by the judiciary on the scope of the duties and responsibilities of other public authorities. "
Ruling of the Constitutional Court dated 2/12/09, Charles west Nursery, due 2009-6.
Tags: public administration , fundamental rights
The Government will reduce the time to open shops
Section: News
The Government reports that the administrative procedures for opening shops will be reduced to a maximum of 3 weeks mitjaçant streamlining of administrative procedures for opening shops, work is underway in the area of the table tourism and trade. The measure could be realized at the latest by early next year.
Complaints of the sector in relation to time to constitute a society and an open trade.
Tags: public
Principle of legitimate expectations in relations between government and citizens
Section: Juris. administrative
"Third. - The result of the relation of these facts, for about 3 years, Mr.. JCG has been recognized by government partner, although this does not contradict the regularity of these powers. Under these conditions, Mr.. JCG could legitimately believe that the government, regarded as the legal representative of society TO SL.
Relations between government and citizens must respect the principle of "legitimate" as some have recognized the rights of neighboring countries and the European jurisdictions. We can cite for example, the Spanish Constitutional Court ruling of 23 May 1987 (65/1987), "public confidence is the main consequence of the principle of legal certainty, and therefore a likely value of protection As long as there is legal certainty '"
Judgment of the Superior Court room administrative dated 14/9/07, speaker B. Plagnet, number 47-2007.
Tags: public administration , trust
Political orientation of the head of government ministers and state secretaries
Section: News
The BOPA yesterday (21/53) published the message of political orientation of the head of government ministers and state secretaries, 9 July 2009 in relation to the management and working methods of the Government, which mentions, among others, the following:
"We must take steps to eliminate any trace of unconstitutionality in the bills that will lead to approval of the Council of Ministers for further submission to the General Council. This recommendation applies also, needless to say, for the drafting of regulations. "
"E) Civil society is irritated by the number and complexity evident exaggeration of the rules imposed by the Administration:
New rules that overlap, without inserting them clearly to existing provisions. Obscure texts that raise all sorts of difficulties in interpretation and application.
Unnecessarily complex procedures in which appears the spark of litigation developments. Provisions, without normative content that should appear only in the explanatory statements or debates. Using a kind of coded language known only to the initiated and gives the Administration and some experts monopoly on interpretation.
Consequently, I ask:
To verify, before preparing a legal norm, the problem can not find a solution by other means as may be: information campaigns or persuasion, negotiation with stakeholders, agreements and better organization of your services.
We always ask before promoting new regulations, if the rules are not a sufficient legal framework.
In an effort to clean up our legal standards that have become obsolete or unnecessarily stringent.
I do encourage knowledge and understanding of a law before which no one can plead ignorance. Coding offers a privileged framework to gather a body of rules to date exploded in many texts. Need to modernize and simplify the administrative law. "
Tags: public
