Independent bodies as a model of organization of the public administration

Author:Borche Davitkovski - Ana Pavlovska-Daneva - Ivana Shumanovska Spasovska - Elena Davitkovska
Position:University of Skopje, Republic of Macedonia - University of Skopje, Republic of Macedonia - University of Skopje, Republic of Macedonia - University of Skopje, Republic of Macedonia
Pages:453-476
SUMMARY

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... (see full summary)

 
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Independent bodies as a model of organization
of the public administration
Professor Borche DAVITKOVSKI1
Professor Ana PAVLOVSKA-DANEVA2
Associate professor Ivana SHUMANOVSKA-SPASOVSKA3
Associate professor Elena DAVITKOVSKA4
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.
Keywords: independent organs, regulatory bodies, agencies, public
administration, separation of powers.
JEL Classification: K23, K33
1 Borche Davitkovski - Faculty of Law “Iustinianus Primus” at the Ss. Cyril and Methodius
University of Skopje, Republic of Macedonia, ishumanovska@yahoo.com.
2 Ana Pavlovska-Daneva - Faculty of Law “Iustinianus Primus” at the Ss. Cyril and Methodius
University of Skopje, Republic of Macedonia, ishumanovska@yahoo.com.
3 Ivana Shumanovska-Spasovska - Faculty of Law “Iustinianus Primus” at the Ss. Cyril and
Methodius University of Skopje, Republic of Macedonia, ishumanovska@yahoo.com.
4 Elena Davitkovska - Institute of Economics at the Ss. Cyril and Methodius University of Skopje,
Republic of Macedonia, ishumanovska@yahoo.com.
454 Volume 8, Issue 2, June 2018 Juridical Tribune
1. Reasons for a reorganization of the public administration -
specifically the state administration
The administrative organs are not a once and for all determined category,
but a variable that is constantly conditioned and dependent on the total social,
economic and political developments in a country, and also on the European trends,
conditions and standards for development of the public administration. The
administrative organs exist and are established primarily for the purpose of
immediate implementation of the laws, which, as we know, are constantly
changing. Therefore the administrative organs also need constant adjustment to the
new requirements, in a manner that the way the tasks are carried out will be
modernized through institutional reforms which also imply changes of the
organizational structure of the administrative system.
The administrative systems themselves are in essence real and open,
dynamic systems, and not closed and abstract legal constructions”.5 As the role of
the state changes, the state administration receives new competencies. There is a
strong parallel between the increase of the tasks of the state, as it becomes a carrier
of a large number of socially necessary activities, and the increase of the
competencies of the administration. It becomes responsible for solving issues in the
field of economy, transportation, communal services etc. The implementation of
these competencies requires implementation of vertical and horizontal
reorganisation. The horizontal is implemented in a way that for each new area for
which the state administration will be determined as competent, a new department
or another state administration organ is formed, while the goal of the vertical
organisation is to divide the administrative system into several levels. As Professor
Lilic emphasizes, “the administration nowadays appears as an initiator and a
coordinator of socially necessary and useful matters (in health, education,
transportation, communications, social services etc.), while the attributes of the
government, although not completely diminished, no longer constitute the basic
content of the administrative activity of the state. With this, the administration
functions become not only more numerous, but also increasingly complex and
difficult”.6 This also affects “the social regulation implemented by the
administration which now becomes a basic social process and an important
assumption for the economic efficiency, cultural development and general social
progress in a developed industrial and urbanized society”.7
It can be said that the basic social function and social role of the
administration, that is - of the state, consists of the fact that by enforcing its
activities to contribute to the general well-being of society, it provides public
5 S. Lilić, Državna uprava-instrument vlasti ili javna služba, at M. Damjanović, Uporedna iskustva
državnih uprava, Beograd, 2006, p. 44.
6 S. Lilić, Poslovi državne uprave u zakonodavstvu i novom ustavnom Srbije, p. 1, the document is
available online at www.uloga na državna uprava (consulted at 10.04.2018).
7 Compare: E. Pusić, Društvena regulacija, Zagreb, 1989, taken from S. Lilić, Poslovi državne uprave
u zakonodavstvu i novom ustavnom Srbije, p. 1, the document is available online at www.uloga na
državna uprava (consulted at 10.04.2018).

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