Independent bodies as a model of organization of the public administration
Journal
Tribuna Juridica Journal
Date Issued
2018-05
Author(s)
Davitkovski Borche, Pavlovska-Daneva Ana, Ivana Shumanovska-Spasovska, Elena Davitkovska
Abstract
Abstract
We live in a time when the number of regulatory bodies or independent agencies
or so-called parastatal organs is continually growing and gaining momentum as a part of a
country’s system of governance. In particular, in the Republic of Macedonia, in the period
from 2002, around 24 independent organs have been established with the legislation, which
shows that this is not only an actual topic for research and writing but also that there is an
actual need for an in-depth study for the purpose of establishing these organs. Simply put,
is their establishment in the legal system a necessity or a trend. Hence, the subjects of
research in this paper are the reasons or the factors that contribute to the formation of the
independent organs, their position in the system of government organization and the
distinction between the independent state organs, the regulatory bodies and the
independent organs of the state administration. Taking into consideration the fact that
through the formation of these organs a new model of exercising public authorization has
been developed, a question whether these organs are a new model of organization of the
public administration is being raised. A model that enables the decentralisation of certain
competencies for which have been the state administration concern so far, and for which
the state administration now becomes only an execution controller. All this in order to
enable a more efficient, more qualified and depoliticised execution of the public interest
services. To achieve the aim of the research in the paper we used historical method,
comparative method and normative method.
We live in a time when the number of regulatory bodies or independent agencies
or so-called parastatal organs is continually growing and gaining momentum as a part of a
country’s system of governance. In particular, in the Republic of Macedonia, in the period
from 2002, around 24 independent organs have been established with the legislation, which
shows that this is not only an actual topic for research and writing but also that there is an
actual need for an in-depth study for the purpose of establishing these organs. Simply put,
is their establishment in the legal system a necessity or a trend. Hence, the subjects of
research in this paper are the reasons or the factors that contribute to the formation of the
independent organs, their position in the system of government organization and the
distinction between the independent state organs, the regulatory bodies and the
independent organs of the state administration. Taking into consideration the fact that
through the formation of these organs a new model of exercising public authorization has
been developed, a question whether these organs are a new model of organization of the
public administration is being raised. A model that enables the decentralisation of certain
competencies for which have been the state administration concern so far, and for which
the state administration now becomes only an execution controller. All this in order to
enable a more efficient, more qualified and depoliticised execution of the public interest
services. To achieve the aim of the research in the paper we used historical method,
comparative method and normative method.
Subjects
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