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

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).