Public administration

Public Administration (also called Administrative ) is the generic term for the administrations, assume the duties of the state, including bodies governed by public law. It is therefore the administrative part of the executive branch ( the executive power ). Therefore, the government activity ( governance ) is not part of the administration itself.

The actions of the administration is based on legal principles and regulations and must take place within the respective administrative competence. Actors administrative authorities are those that are hierarchically structured; the execution control ( service, legal and technical supervision ) is responsible for the respective higher authority or the management point. Supreme authorities are usually the ministries, management tip is the minister. The top management is often compared to a panel of elected accountable (eg mayor as the principal administrative officer of the city government against the local council ).

As an organization theoretical model for public administration bureaucracy theory acts by Max Weber.

The public administration as a scientific object of investigation is the subject of management science.

• 2.1 forms of action

• 5.1 Laws Dependent Administration
• 5.2 Laws Free management

• 7.1 Federal
• 7.2 Landesverwaltungen
• 7.3 Local authorities
• 7.4 Indirect public administration

Definitions

The public administration is concerned with the administration of the State. The management concept is differentiated into administration in organizational sense, the administration in the material sense and the administration in the formal sense.

Management in the organizational sense

The management in the organizational sense to the organization of the administration in administrative authorities, administrative bodies and other administrative facilities. She says explicitly not the administrative activities of parliaments or courts. The definition of the term is derived from the state administration organization.

Management in the material sense

Management in the material sense is the state activity, based on the perception of administrative affairs the subject. Previous attempts to define the term limits not completely. According to Mason, this is also not possible due to the diversity of management.

Management can be defined as all those state activity that is not legislation and case law. This is problematic, however, because the government and other government activities ( parliamentary control, invoice control, control of the Commissioner, Data Protection Officer and any other officer ) remain in this negative definition. Furthermore, the legislation and case law is also not clearly defined. Positive definitions do not exhaust the administrative term and are usually kept very abstract. Two examples:

" Public Administration in the material sense is thus the manifold, conditionally or just dedicated, so the extent externally determined, only in part be planned, even crucially involved in exporting and shape the perception of the affairs of the community and its members as such by the appointed for this purpose trustee of the community. ' "

" [ Administration as ] the organs of executive power and certain attributable to these entities transferred continuous self-responsible performance of the tasks of the community through concrete measures in legal binding for (more or less specified) specified purpose-setting. ' "

Management in the formal sense

Management in the formal sense means all activities carried out the administrative authorities.

Administrative Law

Administrative law includes the legal norms that relate to the structure and responsibilities of the managing and governing the conditions for their activity.

The general administrative law regulates the principles and concepts that apply uniformly to the entire administration. The special administrative law applies rules for parts of the administration, which are self-contained.

Administrations shall not violate any law ( primacy of law ) nor act without law ( subject to the Act).

Administrative provisions

Administrative provisions, that transfers a higher administrative authority to subordinate authorities, are used to determine the actions of the administration closer and to unify. They are called adoption, circular, Instructions, implementing regulations, or guidelines.

Contrary to law with visibility regulations unfold basically no effect on the citizen. Exceptions may arise from the commitment of the administration.

Legal forms of administrative action

The public administration is sovereign or sovereign simply as a rule. However, it can also act under private law or public law act, but who is use a complementary manner by analogy private law rules and principles. Furthermore, the administration may assign the task entrusted to private entities, while only keep the command and control rights. You can even transfer sovereign powers to private entities ( mortgage ). An escape into the private law in which the public administration gets rid of their fundamental right binding, it is not possible (Art. 1 GG III ).

Examples of mostly private law governance are the fulfillment of demand management and the acquiring economic activity of administration.

Forms of action

Forms of action (after Maurer, General Administrative Law )

• Public acts in external relations abstract and general ordinances
• Statutes

• Unilateral administrative acts
• Other legal declarations of intent

• Management agreements

• Abstract and general administrative provisions

• Individual instructions

Legal effect of administrative action

• Interventional administration: engages the jurisdiction of the person concerned and charged him
• Performance Management: provides benefits and other benefits

Tasks

• Order management ( maintenance of public order and security by averting threats, such as traffic regulation )
• Performance management ( ensuring and improving the living conditions of citizens by supporting individual (eg social assistance) or provision of public facilities (eg schools ) )
• Warranty management ( securing the provision of services by private )
• Steering management ( promotion and control of the social, economic and cultural life )
• Tax administration (procurement of necessary funds from taxes and levies),
• Demand management (procurement of personnel and material resources for administration).

Degree of binding laws

Laws addicts management

The law- based administration is governed by special statutory provisions. These rules may be strict (legally bound administration) or more loose ( discretionary management ).

• Bound management: if the legal requirements, management is required to adopt the measure prescribed (must requirement to recognize the words must be, has in the rule of law )
• Administrative discretion: if the legal requirements are fulfilled, the administration has a discretion, the discretion; they can decide whether it is active or what action it is taking ( optional provision to recognize the words, may in the rule of law )

In a directory provision, be recognized by the word should in the rule of law in general, the proposed measure is to adopt the deviations are possible in exceptional cases.

Free management laws

The Administration may act on their own initiative and on their own terms here. From general legal boundaries and bonds ( in particular the fundamental rights, but also the principles of administrative law ) but it is not free.

Management modes

The management type or types of management functionally describe the activities of the public administration. The public administration sees itself as the " sum of all facilities and organized effect relationships that are maintained by the state, municipalities and they have created public- sector entities for the execution of public tasks " ( Ellwein ). The results of the public administration are referred to as management performance.

For this purpose, a distinction is made between:

• Order management
• Service management
• Economy end management
• Organization Management
• Political administration

Carrier

Support of the public administration of federal, state and local authorities. If the Administration is exercised by federal and state governments, it is called direct state administration. This also administrations and municipal enterprises are counted. Instructs If other entities (eg, corporations, institutions and foundations under public law and vested with authority ( bewidmete ) entrepreneurs or artisans private law, such as a dams - AG, a chimney sweep, TÜV or DEKRA ), one speaks of indirect state administration.

Such carriers are divided into

• Bodies (eg, chambers, universities )
• Institutions (eg, public service broadcasters )
• Foundations under public law (eg museums)
• Entrusted ( bewidmete ) entrepreneurs or artisans private law (eg, dams - AG, a chimney sweep, TÜV or DEKRA ).

In addition, the state administration exists in private law form (eg German air traffic control). With few exceptions, common management is not allowed by the different administrative bodies. If administrative tasks of the state taken over by subordinate bodies of public administration on behalf of the parent carriers, then one speaks of order management.

The public administration is organized almost exclusively in the executive branch. A separate administration have limited the other two powers: Example of the legislature is the Federal government or the Federal President. The judiciary has as its own administrative staff working in Germany Judge, Court clerks and prosecutors. Overall, public administration employs about 4.8 million civil servants, employees and workers (this and all following figures are based on the level of September 2004).

Federal

The direct administration is entrusted with the implementation of all matters that fall under the Basic Law under federal jurisdiction. It has a total of 316,500 employees. The following are some federal agencies and their number of employees:

• External Action Service ( 8700 )
• Federal Finance Administration ( 48,000 ) Federal Customs Administration ( 34,000 )
• Federal Financial
• Federal Central Tax Office
• Federal Office for Central Services and Unresolved Property Issues
• Center for Information Processing and Information Technology

Added to 186,600 soldiers, who are not recognized as members of the administration, but the Ministry of Defence are, just under 80,000 THW - nationals who are subject to the Federal Ministry of the Interior.

There are also the indirect federal administration. These include the servants of corporations, institutions and foundations under public law under federal supervision and the staff of the Bundesbank.

A fully equipped, ie, multi-unit management with sub- agencies at the federal level there are only in the Foreign Service, the Federal Finance Administration, in the army administration, the German Federal Police and the Water and Shipping Administration. For most agencies are federal agencies. In the indirect Federal administration only unemployment and the Bundesbank are fully equipped.

The nation 's administration has issued a significant proportion of its staff since 1990: first postal reform transferred all employees of the postal authorities in the private legal entities of Post, Telecom and Postbank, with the railway reform, the former authority of the Federal Ministry of Transport has also been transferred to private structures (except the Federal railroad Fund ). In addition, the German air traffic control was privatized.

Landesverwaltungen

As the countries are responsible for the vast majority of the administrative functions in Germany, the country's authorities and connected operations of the staff strength, are the outstanding part of the public administration. In the 16 German regional governments have been working 2.3 million people, specifically:

• In the financial management of the country ( 153,300 )
• In universities ( 237,900 )
• In schools and pre-school education ( 817 400 )
• In legal and court administration ( 189,700 )
• In the police ( 273,600, of which 228,000 law enforcement officers )
• In other administrations ( 601 100 ).

For the universities, only the public employees are given. A total of 488 700 employees work at universities and in the hospitals affiliated to them again 189,200 employees.

Due to its size, the country's administrations are often divided hierarchically. Below the Ministry rank highest regional authorities, state agencies, and state funding agencies and Lower state authorities. In some countries such as area North Rhine -Westphalia and Bavaria also exist government districts whose administrations the rank of a cross-divisional Safety Authority hold (so-called " bundling authority " as opposed to " technical authority "). The countries manage through the judicial authorities the court apparatus including the prisons. Only the case-law itself is subordinate to the judiciary.

Local governments

The cities and towns in Germany entertain public administrations, which are not under the state administration, but only their supervision. This self-government is guaranteed them in the constitution. Nevertheless, within the local government public order matters are taken. Local government activities can be divided as follows:

• Voluntary tasks such as bathrooms, buses, theaters, etc.,
• Mandatory tasks without instruction: schools and kindergartens, electricity, gas, water, waste disposal, etc.
• Mandatory tasks as instructed: social assistance, housing, fire, civil defense, local elections, etc.
• Public order matters: census, conscript acquisition, state and federal elections.

Cities can be acyclic or join together to form local associations to parent tasks (in particular mandatory tasks ) cope more effectively. Minor loops are other municipal associations, of which the most important are the regional associations for special tasks. The governing bodies of these bodies occupy local representatives, they are financed through contributions from the municipal budgets. In summary, deal with the local government 1.57 million employees divided into the following areas:

• General and administrative ( 249,000 )
• Public order and safety ( 115,000 )
• Schools ( 128,000 )
• Science, Research and Culture ( 86,000 )
• Social security ( 281,000 )
• Health, sport and recreation ( 84,000 )
• Construction and housing, transport ( 138,000 )
• Public facilities, economic development ( 155,000 )
• Hospitals ( 278,000 )
• Other ( 58,000 ).

Indirect public administration

For indirect public administration institutions are counted that are not directly accountable to the state administration, but perceive their fiduciary duties. They are therefore not bound by instructions, but tied to public contracts for which they were established. Thus, they are not authorities in the strict sense is, but are organized as public institutions and employ staff that does not differ in its legal position of the government agencies. Overall, the indirect public service counts 484,000 employees (2007: 779 400 ), which are divided as follows:

• The statutory pension insurance ( 73,000 )
• The statutory health and nursing care ( 139,000 )
• The statutory accident insurance ( 30,000 )
• Federal Miners ( 14,000 )
• Bundesbank ( 9000 )
• Employment services ( 113,000 )
• Other ( 123,500 ).

Administrative reform

Contrary to the role that exercise public administrations, identifies the new political economy of behaviors that may not always serve the common good. In reality, governments are often underutilized. Business savings would deliberately conceal. Even the own field of activity will often overestimated and that there misjudgments by the Constricted of one's own sphere of activity of the administration. Information advantages, however, would be exploited. Basically allow functional reforms ( regarding the distribution of tasks ), management structure reforms and territorial reforms differ.

The reform of public administration employed since time immemorial as an administrative reform (qv) the administration itself and the management sciences, as well as a significant number of consulting companies - not to mention the KGSt ( Municipal Community Office for Public Management ).

Criticism of public administration

The strict hierarchy leads to an authoritarian structure within the administration. Therefore, authorities often work hard labor and decisions follow fixed service routes. The control of the administration is not aligned by nature on economic goals very formal and because of their policy-driven management tip. The lack of economic principles is also evidenced when the financial system is organized cameralistic: Often budgets are politically negotiated. In any case, in the field of local government budgets are being converted to commercial accounting ( new municipal financial management ) in almost all provinces.

An increasingly Considered as a problem at the present time factor is the regulatory incentive system. Because everyone should have access to public service and the administrative services have no market, takes up the government back on auxiliary variables ( appraisal). In these assessments is not always clear what the expected and the extent to which good behavior is rewarded. Lack power definition missing performance-based incentives in particular monetary Art The internal Prestige is instead often to authorities, departmental budget size or measured. The civil service law are the requirements of the Basic Law on public servants again. It is the administrative things inexperienced as hampering innovation management or technical initiatives. However, here are changes in prospect. For salaried employees in the public service are provided by the new TVöD performance incentives, they should be transferred to the Civil Service Law.

Examples

Examples of public administrations: The tax office, the clerk's office, the Department of Defense, the district administration, the church.