1 Institute of Technology and Business in České Budějovice Organization of state and public administration Study Support for the combined form of study Supervisor: Ing. Petra Pártlová, Ph.D. Faculty of Corporate Strategy Department of Management Author: Ing. Petra Pártlová, Ph.D. 2 Contents 1 Summary.........................................................................................................................5 2 Preparation for lectures.................................................................................................10 2.1 State and administration throughout the history; their competences in past and present ..............................................................................................................................10 2.2 General terms; theories and approaches of public policy .....................................13 2.3 Principles, importance and characteristics of the state administration performance; Modernization of the central state administration; eGovernment....................................16 2.4 Reform of territorial public administration and its current issues.........................19 2.5 Institutional requirements for the regional development of the CR; organizing public administration, relations of central, regional and local administration.................23 2.6 Territorial self-government and its role in the public administration; Application of the New Public Management principles......................................................................26 2.7 Municipality as a basic unit of territorial self-government, the status of municipality, the competence of municipality, the bodies of municipality.....................30 2.8 Administrative-territorial division of the CR, regions as units of territorial selfgovernment, competence, position, authorities and organizational structure of regions.34 2.9 Public finance, public inspection, public services ................................................38 2.10 European contemporary public administration and European administration area; comparison of the public administration in Europe (standard systems) with the public administration in the CR ..................................................................................................42 2.11 Key offices of the European Union and their role in implementing “European policies”; International and multinational cooperation of the CR in regard to public administration...................................................................................................................46 2.12 Public administration and civil society; Ethics in the area of public administration50 2.13 Multi-level governance (MG); Content and forms; Conditions of MG in the CR 54 3 Preparation for seminars...............................................................................................58 3 3.1 Choosing effective tools for particular public services support; suggesting appropriate measures within a particular municipality ....................................................58 3.2 Comparison of selected programme documents (Strategy of regional development in the CR (2014-2020); Strategic framework of the development of public administration in the CR in 2014-2020) in regard to the unity of global and strategic goals; exploration of the interconnection of selected programme documents...............................................64 3.3 Practical examples of public administration investigating....................................66 3.4 Analysis of ethical tools, definition of their potential and limits. Comparison of individual ethical codes....................................................................................................70 3.5 Analysis of two basic professional models in public administration. Career system and positioning system.....................................................................................................74 3.6 Description of individual types of municipalities taking a particular municipality as an example and definition of its characteristics and their projection into the municipality structure and personnel ...............................................................................77 3.7 Analysis of individual legal forms of organizations the municipality establishes to fulfil its functions. Specification of individual organizations and tools the municipality uses for mutual cooperation in the field of independent competences - on the example of particular municipalities. Analysis of requirements for generally binding decrees in municipality......................................................................................................................80 3.8 Analysis of relations between municipality self-government and regional self- government.......................................................................................................................83 3.9 Analysing regional authorities; i.e. which authorities are optional; the example of individual regions shows a complex organizational structure of the region; analysing information from the record of talks of regional municipalities......................................87 3.10 Comparing regional financing with municipality financing; analysing incomes and expenditures from a budget of the selected region....................................................95 3.11 Description of cohesion region functions, analysis of links, cohesion region relations to regions. Analysis of information on cohesion region web, analysis of subsidies the cohesion regions work with......................................................................102 4 3.12 Analysis of selected benchmarking studies published by international institutions; specification the role of international organizations in the global governance..............108 3.13 Description of eGovernment trends in the CR and EU, current objectives and obstacles, analysis of individual key projects of eGovernment: Czech POINT, data boxes, basic registers, etc...............................................................................................113 5 1 Summary Period Year 1, 2nd term / Year 2, 3rd term Course Organization of state and public administration Language English Supervisor Ing. Petra Pártlová, Ph.D., Supervisors department Faculty of Corporate Strategy Department Department of Management Lecture tutor Ing. Petra Pártlová, PhD. Specialist practitioner: Mgr. Jiří Zimola Seminar tutor Ing. Petra Pártlová, PhD., Assessment type exam Assessment note 70% attendance at seminars writing a seminar paper on an assigned topic presentation Extent and intensity 2/2 Credits 5 The goal of the course The main objective is to inform students about the development of the state administration and self-governance under prevailing conditions of economic and political transformation of the Czech society. A special attention is drawn mainly to relations between state administration, citizens and institutions of administrative proceedings. The student understands terms such as ‘state’, ‘legal state’, ‘public administration’, ‘state administration’ and ‘self-governance’. A meticulous attention is paid to territorial, regional and municipal administration; furthermore, administration of affairs in possession of the public, administration of public affairs and administration of public finance including issues of public administration reform. Learning outcomes Upon a successful completion of the course, students will have the knowledge and skills to: 36.1 use general terms concerning state and public administration, 36.2 explain and precisely define the structure of public administration in the CR, 36.3 precisely define and describe relations between individual levels of state administration in the CR, 36.4 explain activities of territorial self-governance in the CR, 36.5 know seminal documents of key departments, 36.6 compare individual models of state administration in the CR and European countries, 36.7 explain international relations and connections to the EU and other international organizations, 36.8 define, suggest and choose a lucrative financial source of financing 6 public administration, 36.9 explain basic elements of modernization and electronization of public administration in the CR, 36.10 explain basic principles of governance, define goals and measure risks resulting from a regulation, 36.11 know and are informed about portals of state and public administration and self-governance and actively apply them in his profession, 36.12 explain principles of drawing up municipal and regional budgets, 36.13 assess and choose an effective tool for public administration support, 36.14 know how to deal with corruption. Syllabus of the course Lectures 1. State and administration throughout the history; their competences in past and present. (36.1) 2. General terms; theories and approaches of public policy. (36.1, 36.2) 3. Principles, importance and characteristics of the state administration performance; Modernization of the central state administration; eGovernment. (36.1, 36.2, 36.3, 36.9) 4. Reform of territorial public administration and its current issues. (36.1, 36.2) 5. Institutional requirements for the regional development of the CR; organizing public administration, relations of central, regional and local administration. (36.2, 36.3, 36.4) 6. Territorial self-government and its role in the public administration; Application of the New Public Management principles. (36.2, 36.4) 7. Municipality as a basic unit of territorial self-government, the status of municipality, the competence of municipality, the bodies of municipality. (36.4) 8. Administrative-territorial division of the CR, regions as units of territorial self-government, competence, position, authorities and organizational structure of regions. (36.4) 9. Public finance, public inspection, public services. (36.8, 36.12) 10. European contemporary public administration and European administration area; comparison of the public administration in Europe (standard systems) with the public administration in the CR. (36.6) 11. Key offices of the European Union and their role in implementing “European policies”; International and multinational cooperation of the CR in regard to public administration. (36.7) 12. Public administration and civil society; Ethics in the area of public administration. (36.1) 13. Multi-level governance (MG); Content and forms; Conditions of MG in the CR. (36.7, 36.10) Seminars 1. Choosing effective tools for particular public services support; suggesting appropriate measures within a particular municipality. (36.13) 7 2. Comparison of selected programme documents (Strategy of regional development in the CR (2014-2020); Strategic framework of the development of public administration in the CR in 2014-2020) in regard to the unity of global and strategic goals; exploration of the interconnection of selected programme documents. (36.3, 36.5) 3. Practical examples of public administration investigating. (36.14) 4. Analysis of ethical tools, definition of their potential and limits. Comparison of individual ethical codes. (36.6) 5. Analysis of two basic professional models in public administration. Career system and positioning system. (36.6) 6. Description of individual types of municipalities taking a particular municipality as an example and definition of its characteristics and their projection into the municipality structure and personnel. (36.1, 36.2) 7. Analysis of individual legal forms of organizations the municipality establishes to fulfil its functions. Specification of individual organizations and tools the municipality uses for mutual cooperation in the field of independent competences - on the example of particular municipalities. Analysis of requirements for generally binding decrees in municipality. (36.1, 36.2, 36.8) 8. Analysis of relations between municipality self-government and regional self-government. (36.1, 36.2, 36.3, 36.6) 9. Analysing regional authorities; i.e. which authorities are optional; the example of individual regions shows a complex organizational structure of the region; analysing information from the record of talks of regional municipalities. (36.1, 36.2, 36.3) 10. Comparing regional financing with municipality financing; analysing incomes and expenditures from a budget of the selected region. (36.6, 36.8, 36.12) 11. Description of cohesion region functions, analysis of links, cohesion region relations to regions. Analysis of information on cohesion region web, analysis of subsidies the cohesion regions work with. (36.1, 36.2, 36.3, 36.8) 12. Analysis of selected benchmarking studies published by international institutions; specification the role of international organizations in the global governance. (36.5, 36.7) 13. Description of eGovernment trends in the CR and EU, current objectives and obstacles, analysis of individual key projects of eGovernment: Czech POINT, data boxes, basic registers, etc. (36.9, 36.11) Organizational forms of teaching lecture, seminar Complex teaching methods Frontal teaching Team / group teaching – cooperation brainstorming Method of confrontation Study load Activity Hours per term Daily form Combined form 8 Attending lectures 26 0 Preparing lectures 13 0 Attending seminars/tutorials 26 16 Preparing seminars/tutorials 24 40 Preparing a group project 22 30 Presentation 2 5 Preparing the final test 15 37 Final test 2 2 Total: 130 130 Assessment Methods and Assessment Rate Final test 70% Seminar paper 25% presentation 5% Exam conditions In order to successfully complete the subject, the student has to submit a group project on a specified subtopic within teamwork; subsequently, its presentation in front of students’ auditorium, including discussion, is made. Teacher's information The attendance in both forms is subjected to VŠTE internal standard (Student attendance records at VŠTE). For daily students, 70% attendance at seminars is compulsory. Compulsory literature HRUBÝ, R. and M. KRÁSNICKÁ, 2012. Introduction to the Law. Úvod do práva. Prague: Alfa Nakladatelství. ISBN 978-80-87197-47-9. KRBOVÁ, J., 2017. Strategické plánování ve veřejné správě. Prague: Wolters Kluwer. ISBN 978-80-7552-587-1. LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN. 978-80-7402-295-1. POTŮČEK, M., 2016. Veřejná politika. Prague: C. H. Beck. ISBN 978- 80-7400-591-6. SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978-80-8786-535-4. SVOBODA, P., 2013. Úvod do Evropského práva. Prague: C. H. BECK. ISBN 978-80-7400-488-9. Recommended literature PEKOVÁ, J., R. POMAHAČ and O. VIDLÁKOVÁ, no date. Vzorový učební text vstupního vzdělávání úředníků územních samosprávných celků. Prague: Ministerstvo vnitra ČR. SCHELLE, K., 2016. Dějiny veřejné správy. Prague: Wolters Kluwer ČR. ISBN 978-80-7552-374-7. Websites --- 9 Publishing activities Course supervisor, lecturer and tutor (Ing. Petra Pártlová, Ph.D.) PÁRTLOVÁ, P. and M. BŘEZINOVÁ, 2017. Assessment Proposal of LAGs, as Local Entities of Public and Private Sector, on the Example of South Bohemia Region. In: XX. mezinárodní kolokvium o regionálních vědách. Sborník příspěvků. Brno: Masarykova univerzita, 98-99. ISBN 978-80-210-8587-9. PÁRTLOVÁ P. and J. HRON, 2016. LAG as an important strategic partner for rural development on the example of the South Bohemian Region. Littera Scripta. 8(2), 99-110. ISSN 1805-9112. PÁRTLOVÁ, P. and V. HUMLEROVÁ, 2013. Nové výzvy regionální a strukturální politiky pro připravované období 2014–2020 se specifikací na region NUTS 2 jihozápad. Littera Scripta. 5(2), 105-116. ISSN 1802-503X. PÁRTLOVÁ, P., J. VÁCHAL, J. STRAKOVÁ and J. STANĚK, 2012. Vývoj obecních rozpočtů při ekonomické krizi v období 2007–2010 na příkladu regionu NUTS 3 Jihočeského kraje. Littera Scripta. 5(1), 89- 100. ISSN 1802-503X. PÁRTLOVÁ, P., J. VÁCHAL, J. STRAKOVÁ and J. STANĚK, 2012. Regionalistika a regionální projektování: učebnice. České Budějovice: Vysoká škola technická a ekonomická v Českých Budějovicích. ISBN 978-80-7468-043-4. Topics of diploma theses Citizens’ participating in public life of a selected municipality, Ethical requirements for employees within public administration Applying eGovernment within enterprises, its competences and issues 10 2 Preparation for lectures 2.1 State and administration throughout the history; their competences in past and present Key words State, state power, state characteristics, power distribution, theory of state origin The goals of the chapter The suggested text is an introduction to the theory of the state origin. It explores state specifications and its characteristics. Furthermore, it lays out general terms in regard to the distribution of power and their clear division into vertical distribution of power and horizontal distribution of power. Learning outcomes  36.1 use general terms concerning state and public administration Abstract Public administration and its activity concerning setting up goals, tasks and effective tools result from state characteristics and social distribution of power. Nowadays, the word ‘stato’ means ‘a state’. State is defined in terms of a specific corporation, i.e. legal entity which may enter legal relationships on its own responsibility (Lochmannová 2017). State specifications may be characterized by three following attributes - power, territory and population. As a matter of fact, a state has always a certain organizational form; i.e. all state components have their own competences. These competences are carried out by specific institutions. In order to secure their competences, they employ material resources: public property and public finance. They have personal apparatus (officers) which executes the state power by sanctions. The way the state controls its citizens is called personality principle of using the state power. The territory is defined by so called territoriality principle. The state controls its citizens by certain regulations and providing public 11 services. State is considered as a product and tool of public interest and is defined by legislation, or a different act of political decision (government statement, strategies etc.). Of a great importance for a state is its sovereignty. It refers to a state as an independent unit from any other powers inside or outside (Lochmannová 2017, Svoboda 2017). The most distinctive characteristic is the power. The term public power, or political power, is associated with power, society and sovereignty (independence); a specific position within the system of public power is held by the state. All the same, public power is carried out not only by the state or its authorities and institutions; therefore, the state power is divided into vertical distribution of power, which means a distribution of competences between central and local authorities. We distinguish three different systems exercising elements of vertical distribution of power. These systems are decentralization, federalization and autonomization; the other one is horizontal distribution of power formulated by J. Locle and Ch. Montesquieu. As has been mentioned above, the political power is further divided into three components (authorities) - legislative, executive and judicial, which are neither integrated, nor responsible or subordinate. Legislative power is separated from executive and juridical power and is entitled to approve laws. This competence is stipulated by the constitution. In practice, legislative power is usually represented by the parliament while there are political systems either with a unicameral parliament, or bicameral parliament. On the other hand, executive power is mainly represented by the government as the highest authority of the executive power; further, there are authorities of the state administration (ministries, other administrative authorities etc.) or, in some political systems, a president. In democratic systems, the executive power has to fulfill two essential requirements: it has to be in accordance with the constitution and the Law, which observes currently valid laws. Juridical power refers to a specific kind of state authority competent in deciding on guilt and punishment, resolving disputes between different subjects and protecting personal rights or other legal subjects. Upon decisionmaking, juridical power observes valid laws. In addition, a legal state has to retain full independence of the juridical power from all authorities of legislative and executive power. The development of state-of-the-art thinking formed more theories of the state origin (i.e. theories justifying its existence). According to Gregor Jelínek (1851-1911) these are: 1. theological theory of the state, 2. theory of power (supreme), 3. Legal theory of the state: a) patriarchal theory, b) patrimonial theory, c) contractual theory 4. Ethical theories, 5. Psychological theories. 12 Literature Compulsory literature SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 28-29) LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN 978-80-7402-295-1. (pp. 26-28) Control questions 1. Define the term ‘state’. 2. Name distinctive characteristics of a state. 3. Explain the term ‘sanction’ and ‘sovereignty’. 4. Explain the territoriality principle. 5. Explain the personality principle. 6. Explain the term ‘public power’. 7. Make a clear division of the public power. 8. Which three systems are comprised of the vertical distribution of power? 9. How is the political power divided in a state? 10. Formulate and describe basic theories of the state origin. Link to the practical part 3.1 Choosing effective tools for particular public services support; suggesting appropriate measures within a particular municipality 13 2.2 General terms; theories and approaches of public policy Key words State power, public power, material public administration, formal public administration, supreme public administration, non-supreme public administration, public administration and private administration The goals of the chapter The suggested text introduces a theory of the state origin, explains basic specifics and characteristics of the state. Moreover, it summarizes basic specific terms, mainly the distribution of power and its further division into vertical and horizontal distribution of power. Learning outcomes  36.1 use general terms concerning state and public administration  36.2 explain and precisely define the structure of public administration in the CR Abstract Public administration involves an activity focused on a good care for certain matters and issues. There are two contrasting viewpoints on public administration in the Czech theory: material (functional), which is usually very broadly defined in terms of a summary of all administrative activities performed in public interest and associated with governing and controlling the society in a certain territory, and formal (organizational), which emphasizes the distribution of power in the state and recommends directing public administration mainly to one of the subsystems of public power; i.e. executive power and its institutions. Public administration is formally considered as a set of institutions characterized as executive institutions; they execute that which is written in legislation and, simultaneously, they are controlled by the judiciary (Svoboda 2017). Public administration may be divided in terms of forms of its performance and relation to a citizen into a supreme and non-supreme administration (Lochmannová 2017). Supreme public administration is based on a power structure of commands and bans in accordance 14 with public law. Public authority (state or self-governing) has to adhere to the principle of exercising state power only within the limits of the law. On the other hand, Fiscal (nonsupreme administration) is more based on a citizen and uses mainly a form of private law (economic administration, establishing hospitals, cleaning public places, operation of schools, theatres etc.). It concerns financial matters and state properties. The state enters legal relationships with other legal subjects as an equal partner (Lochmannová 2017). Public administration differs from private administration in terms of administering public affairs; thus, an administration in public interest is to be dealt with. Subjects of its implementation are responsible for it as a legally imposed obligation, namely resulting from its entitlement to public-law subjects. On the other hand, private administration administers private affairs performed within private interest by private persons who pursue certain goals and exert their own will. The division of public and private administration is usually confirmed by three theories applied by legislation. The theory of interest is concerned with an interest of an individual or collective. The theory does not consider a possibility of overlapping an individual or collective interest along with the fact that not each collective interest is necessarily a general interest - public. The main focus of the subordinate (power) theory is whether the administration act is introduced unilaterally from the entitlement of public coercive power, or it is a result of an agreement of subjects. On the other hand, organic theory does not consider the content of the matter or relationship; its key goal is to administer the subject. In terms of this concept, matters resulting from the affiliation of the subject to a public-law corporation (state citizenship, professional chamber membership, university studies). Regarding the subject implementation, public administration is divided into state administration and self-government. Within the system of state administration, it is possible to consider distribution of competences (activities) in regard to de/concentration; i.e. whether the state administration is carried out by a single authority within the given segment, or is divided between more authorities (territoriality or department-based principle). All authorities of the state administration are subject to the government functioning as a supreme authority of executive power (Article 67 of the Constitution). On the other hand, self-government is explicitly defined by the administration carried out by a different subject from the state. It is divided into two parts; firstly, territorial selfgovernment, which has supreme entitlements, guaranteed by the limits of the law in its territory. The Czech Republic has its territorial self-government defined by the constitutional law in which case the Constitution protects the law of the municipality and 15 region (Article 8 of the Constitution); secondly, interest self-government, which is implemented, in the widest sense, in any legal entity, e.g. in an association. However, the interest self-government is not stipulated in the constitution; therefore it is not protected by the constitutional law. All the same, basics of the interest self-government are also constitutional; they are stipulated, for example, in the Charter of Fundamental Rights and Freedoms (Svoboda 2017). Some materials also mention substantive self-government, which is associated with a new regional division and establishment of new micro-regional units such as municipal associations or regional cohesion councils. Literature Compulsory literature SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 27) LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN 978-80-7402-295-1. (pp. 15-16) Control questions 1. Define the term ‘state’. 2. Name the characteristics of state. 3. Explain the term ‘sanction’ and ‘sovereignty’. 4. Explain territoriality principle. 5. Explain the term ‘public power’. 6. Make a distinct division of public power. 7. Which three systems are distinguishes in the vertical distribution of power? 8. How is a state political power divided? 9. Apart from the state, which other power structures may be identified? 10. What are their similarities to the state? What are their differences from the state? Link to the practical part 3.2 Comparison of selected programme documents (Strategy of regional development in the CR (2014-2020); Strategic framework of the development of public administration in the CR in 2014-2020) in regard to the unity of global and strategic goals; exploration of the interconnection of selected programme documents 16 2.3 Principles, importance and characteristics of the state administration performance; Modernization of the central state administration; eGovernment Key words Territorial state administration, government, ministries, other authorities of the state administration The goals of the chapter The suggested text focuses on dividing state administration into territorial state administration and internal state administration; the state administration (government, ministries and other central administration offices; terms, characteristics and competences). Learning outcomes  36.1 use general terms concerning state and public administration  36.2 explain and precisely define the structure of public administration in the CR  36.3 precisely define and describe relations between individual levels of state administration in the CR  36.9 explain basic elements of modernization and electronization of public administration in the CR Abstract State administration The state administration basically corresponds to a specific kind of social management organized by the state; nevertheless, state administration should be also considered as a system of authorities of state administration executing a particular administrative work (Lochmannová 2017). The state administration of the Czech Republic is divided into direct executors and indirect executors. Direct executors include the president, government, ministries and other central authorities of the state administration; furthermore, these are non-central authorities of the state administration with the national competence, deconcentrated 17 (territorial and specialized) authorities of the state administration, public security corps (PCŘ, HZS etc.). Indirect executors of the state administration with so called transferred competence include e.g. municipal and regional offices, ÚSC authorities, financial authorities and authorities of legal entities (based on delegations and legal empowerment). The level of territorial administration is divided into regional administration, regional state administration, district administration and local state administration. District and regional administration is carried out by the State Office for large territories with the area of competence in more regional territories - for example, Czech Regional Environmental Inspectorate. Regional state administration engages its activity in a delegated regional territory and is carried out by regional institutions - for example, Regional Directorates of the Police of the Czech Republic. District administration is represented, for instance, by district courts or district administration of social security. Local administration is carried out in the territory of a part of the municipality, municipality district, the territory of the municipality, alternatively in several territories of the municipality at a time. It is carried out under the local conditions of the size of the territory, population and scope of activities - for example, employment departments, Police of the Czech Republic (Lochmannová 2017). In the Czech Republic, organizations such as the parliament, president and government may be considered as central administration units. However, the supreme central authority of the state administration is represented by the government. It has the exclusive competence of an authority of the state administration and is constitutionally referred to as the supreme authority of the executive power. It consists of the chairman, deputy chairmen and individual deputies. Competences of members of the government are incompatible with competences of members of the constitutional court; apart from that, a member of the government must not engage in other contradicting activities. Furthermore, the government controls, monitors, coordinates and harmonizes activities of other subjects of the public administration. The government may also be a submitter of a government bill (Svoboda 2017). The government office provides the government with the administrative support. It accomplishes tasks associated with professional, organizational and technical security of government activities of the Czech Republic and its authorities. Ministries, which are governed by a member of the government, operate as central authorities of the state administration in their individual units in the area of competence of the Czech Republic. Ministries and other central authorities of the state administration participate in establishing the unified state policy and implement this policy within their 18 competences. The main principles of ministries are: lawfulness; they control the entrusted department, submit proposals and adopt attitudes regarding the entrusted department; they carry out the legality check and encourage international cooperation; they are subject to the government. Within the system of central authorities of the state administration, other authorities of the state administration controlled by a particular ministry, and which are usually subject to it or are its integral parts, are also distinguished. For example, Czech School Inspection, which is subject to the Ministry of Education, Youth and Sports, or Czech Energetic Inspection subject to the Ministry of Industry and Trade. Literature Compulsory literature SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 34-35) LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN 978-80-7402-295-1. (pp. 28-30) Control questions 1. Define the term ‘state administration’. 2. Who is the direct executor of the state administration? 3. Who is the indirect executor of the state administration? 4. When did the district offices disappear? 5. What does the term ‘organization of the state administration’ mean and which authorities currently represent it? 6. In terms of applicable legislation, define the system of central ministries. 7. Which competences does the government have? 8. Which are the general principles of ministries? 9. Name individual ministries. 10. Give examples of other authorities of the state administration. Link to the practical part 3.3 Practical examples of public administration investigating 19 2.4 Reform of territorial public administration and its current issues Key words 1. Reform, 2. Reform, integrated public administration model The goals of the chapter The text presented familiarize students with the first and second stage of the territorial public administration reform, maps out the individual steps of the reform including its consequences. Learning outcomes  36.1 use general terms concerning state and public administration  36.2 explain and precisely define the structure of public administration in the CR Abstract Significant changes occurred after 1989, when after so-called Velvet revolution, an internal reform of public administration was launched and so-called first stage of public administration reform started. An impetus for new administrative organization was Act No. 294/1990 Coll. that amended a part of Constitution of 1960 governing the organization of local administration. The basis of local administration became a municipality. Following the constitutional amendment, relevant implementation acts were adopted as follows: Act No. 367/1990 Coll. on Municipalities (municipal establishment), Act No. 368/1990 Coll. on Elections to Local Government of Municipalities, Act No. 418/1990 Coll. on City of Prague and Act No. 425/1990 Coll. on District Authorities, regulation of their competence and the related provisions. A municipality with at least 3,000 inhabitants is a town provided that it is set by the Speaker of Chamber of Deputies after the Government´s statement. In addition, a municipality that was a town before 17 May 1954, is a town if it so requests the Speaker of Chamber of Deputies. He or she then shall fix a date when this resolution comes into force. The municipality that was entitled to use a designation “small town” before 17 May 1954. 20 In 1990, Act No. 367/1990 Coll. on Municipalities was adopted, that brought changes in terminology (Local Authority instead of Local Committee, Municipal Office instead of Municipal Committee, Mayor instead of Chairman of Municipal Committee, etc.) and introduced a new category of statutory towns and authorized local authorities. A municipality was considered a town where there was a Local Authority since this Act came into a force. A municipality became a town if it was set so by the Bureau of Czech National Council on a proposal from the Government. Statutory towns are e.g. the following towns: Budějovice, Plzeň, Karlovy Vary, Brno, Zlín, (Schelle 2016). In the same year, district committees were cancelled. Regions established based on the Act No. 36/1960 Coll. on Territorial division of a country remained (and still remain) a territorial unit of competence of a number of bodies and institutions (courts, police, or even monument care department). The definition of districts also remained the same, only District Committees became District Authorities. All the time, there have been discussions on the form of future regions. As early as in 1991, Government Committee for state establishment was established that prepared several alternatives for establishing higher level of self-governance. However, this has not been established yet. Nevertheless, by 1997 at least the regional concept was set. The number of regions varied between 12 and 15. The regions were actually established in 2000. At that time, the constitutional Act no. 129/2000 Coll. on Regions (regional establishment) modified the work and responsibilities of regions, defining, appointment and decisionmaking processes of regional bodies. Newly established 14 regions named after towns (Except for the Central Bohemian Region) started their activities in 2001 (Lochmannová 2017). In 2002, the preparation of so-called second stage of the public administration reform culminated. This resulted in cancelling district authorities (as of 31 December 2002) and their replacement by new administrative district with extended competence (so-called small districts) (as of 1 January 2003) (Benešov district, České Budějovice district, Plzeňměsto district, etc.). These steps were taken based on the Act No. 314/2002 Coll. on establishment of municipalities with authorized municipal authority and establishment of municipalities with extended competence, unofficially called “small districts”. Besides municipalities with extended competence within the framework of territorial public administration, there are systems of municipalities, so called municipal districts with authorized municipal authority (AMA – POÚ: Pověřený obecní úřad). They were 21 established by the Government Decree No. 475/1990 Coll. that determining the number of authorized municipal authorities, as of 24 November 1990, to 365 (České Budějovice, Planá, Humpolec) (Lochmanová 2017). The result of the public administration reform can be summarized in 3 main points: (1) decentralization of state administration, (2) better availability of public administration was achieved, (3) new type of municipality was established (municipality with extended competence). Literature Compulsory literature LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN 978-80-7402-295-1. (pp. 22-24) Recommended literature SCHELLE, K., 2016. Dějiny veřejné správy. Prague: Wolters Kluwer ČR. ISBN 978-80- 7552-374-7. (pp. 484-485) Control questions 1. Describe the essence of the first stage of the public administration reform in the Czech Republic 2. Describe the essence of the second stage of the public administration reform in the Czech Republic 3. Name the basic characteristics of a municipality 4. Characterize a town and the conditions under which a municipality can become a town 5. What is another designation for administrative municipal districts with authorized municipal authorities and administrative municipal districts with extended competence? 6. Give examples of statutory towns. 7. What was the original designation of district authorities and what were their competences? 8. Give examples of administrative municipal districts with extended competence and administrative municipal districts with authorized municipal authorities. 22 9. When were district authorities cancelled? 10. Formulate the results of public administration reform Link to the practical part 3.4 Analysis of ethical tools, definition of their potential and limits. Comparison of individual ethical codes 23 2.5 Institutional requirements for the regional development of the CR; organizing public administration, relations of central, regional and local administration Key words subjects of public administration, legislative power, judicial and executive power, state administration and self-government The goals of the chapter After studying the chapter the student will know the essence of the concepts of the subject and the executor of public administration in the Czech Republic, their characteristics, duties and competences. He or she will be able to distinguish a state administration from self-government. Learning outcomes  36.2 explain and precisely define the structure of public administration in the CR  36.3 precisely define and describe relations between individual levels of state administration in the CR  36.4 explain activities of territorial self-governance in the CR Abstract The subjects of public administration are responsible for the execution of public assignments. The structure of public administration is related to the expansion of state administration and self-government. The following key functions can be defined on the state level (Potůček 2016). A state administration develops a constitutional legal framework for a good function of societies, it ensures that it is respected by the other subjects of public administration, it ensures an internal and external security, establishes the institutional framework of economic activities, provides public social services and protects the environment. A public administration implements law enforcement contrary to the legislative bodies the role of which is constituted by the creation and adoption of laws. The status of state 24 authorities, which run the public administration, is a status of an executive body. In simplified words, the legislation forms laws and a public administration executes them. There is a difference between judiciary and a public administration, which is considered an execution of laws. The fundamental difference between them is the fact that judiciary means the finding of law, both in the sphere of public and private interest, while a public administration enforces only public interests within the limits of law. The Constitution of the Czech Republic includes in the range of executive power the President of the Republic, as the head of state, the government, as the highest authority of executive power, other bodies of executive power including the ministries and other administrative authorities, the public prosecutor's office, and finally in entire separation, the bodies of territorial authorities, in terms of constitutional subjects. It can be concluded that a public administration is a state executive entity in functional terms. The state is an essential public subject in legal terms. The purpose of state administration is an implementation of state executive power, its nature is organizational and power-protecting, it involves and combines the elements of classical management and regulation. Its managerial elements are mainly related to its organizational nature and are obvious in its target orientation. This process is derived from laws, which are seen as acts of legislative power. The regulatory elements in the activities of state administration are related to its power-protection effect, the purpose is to maintain the desired state within certain limits, i.e. the restoration of a previous condition that has been disturbed in an undesirable manner. This concept of regulation can be referred to as a process of targeted behavioural stabilization (Potůček 2016). The self-government represents in public administration, e.g. state administration, an executive action and influence on social life by the means of non-state character. The idea of self-government is only compatible with democracy, because it is based on the nature of partnership relationship between the state and public corporations as the bodies of selfgovernment. The essence of self-government is a form of implementation of public administration by citizens. The self-government administers and its difference is based on the fact that it is a public-law subject, a public-law corporation with an appropriate range of public authority. The self-government is governed by law and its own acts of law. The self- 25 governing power is then performed and secured by the use of ordering authority. Territorial and interest (or professional) self-governments are among the most important groups of self-governing bodies. There are other subjects involved in the execution of public administration on a basis of legal mandate (it is necessary for the tasks of power nature) or on a contractual basis (especially for public service tasks). Other selfgovernment bodies include public enterprises, state funds, public institutions, foundations, as well as other persons entrusted with a range of activities of public-law nature (Lochmannová 2017). Literature Compulsory literature LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN 978-80-7402-295-1. (pp. 26-27) POTŮČEK, M., 2016. Veřejná politika. Prague: C. H. Beck. ISBN 978-80-7400-591-6. (pp. 26-27) Control questions 1. Which are the key functions of state? 2. What is legislative power? 3. What is the difference between legislative and executive power? 4. What is the function of judiciary? 5. How does the public law define the function of judiciary? 6. Classify the constitutional subjects of executive power. 7. Give a basic structure of public administration. 8. What is a regulation? 9. What is a public-law corporation? 10. Which further subjects participate in the execution of public administration? Link to the practical part 3.5 Analysis of two basic professional models in public administration. Career system and positioning system 26 2.6 Territorial self-government and its role in the public administration; Application of the New Public Management principles Key words Territorial self-government, public administration, basic administration units, upper administration units, New Public Management The goals of the chapter The student will learn about the definition of self-government, its structure and role in public administration, the territorial definition of self-government in the Czech Republic, its organizational and functional concept and innovative processes in public administration, such as New Public Management. Learning outcomes  36.2 explain and precisely define the structure of public administration in the CR  36.4 explain activities of territorial self-governance in the CR Abstract In our legal order the concept of self-government is linked to the way in which a territorial unit is governed, where the relevant body decides on its own affairs in an autonomous manner, that is, "it governs itself". The advantage of self-government is a fact that it is a more closely managed body than external and central management, therefore it should be more effective and cheaper in securing local or interest-based matters. There are three types of self-government, i.e. territorial self-government, interest-based self-government and substantive self-government. The territorial self-government consists of municipalities as basic territorial self-governing units and regions as higher territorial self-governing units and cohesion regions. Their right to self-government is enshrined in the Constitution (Title One: Article 8, Title Seventh: Articles 99-105) and more specifically Act No. 128/2000 Coll., On Municipalities, and Act No. 129/2000 Coll. , on Regions and Act No. 248/2000 on the 27 promotion of regional development. Self-governing units create their own bodies in order to execute their agenda. The local self-government may issue sub-statutory legislation. The territorial and local self-government is a part of the public administration. It includes the type of self-government which is carried out by territorial self-governing units. In the Czech Republic we can distinguish two levels of territorial self-government. Basic territorial self-governing units (municipalities) are public-law corporations which have their own assets and manage their own budget. Municipality is also a small town, small and statuary town (the capital Prague is also a region). The second level of self-government are higher administrative units (regions), so called public administration corporations, that have their own property and own budget. They are independent in legal relationships and bear responsibility arising from these relationships. Their competence is limited to the territory of the region, which is determined by the list of municipalities belonging to the region (Schelle 2016, Lochmannová 2017). Innovative public administration processes also include the implementation of the principles of New Public Management (NPM). It is a new concept of public service management that was defined as late as in the 1990s. The NPM management is based on the defining of objectives, executive powers are delegated to the regional and local level, controlling is extensively used, therefore periodical checks of current situation take place, deviations from the desired state are detected and corrective measures are subsequently put in place. It also seeks to introduce an element of competition into public services (e.g. public procurements). It is typical for the NPM to focus on an efficient use of resources to achieve a high quality of service, a competitive environment between the public and private sector in providing services, a market-oriented approach (the citizens are consumers that need to be satisfied) and a high level of manager's responsibility for his or her performance. The NPM can be defined in two ways. In the narrower sense, it means a set of managerial tools that can be applied in particular in public administration institutions under certain conditions (the quality of provided service or the focus on the customer) and to strengthen and develop their business conduct. In general, the tools can be divided into these groups: strategic management tools, a definition of optimal organizational structure, an internal 28 regulation of organization, control and coordination including a methodical help at lower levels of the system, etc. The second approach defines the NPM as a philosophy of public administration management and access to citizens. This approach seeks to change a mentality of public administration and attempts to bring in elements of entrepreneurial thinking (Svoboda 2017). Literature Compulsory literature LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN 978-80-7402-295-1. (pp. 30-32) SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 31) Recommended literature SCHELLE, K., 2016. Dějiny veřejné správy. Prague: Wolters Kluwer ČR. ISBN 978-80- 7552-374-7. (pp. 484-500) Control questions 1. Define the self-government. 2. What is the territorial self-government based on and which acts of law define it? 3. What types of municipalities are included in self-government? 4. What territorial units does the City of Prague belong to? 5. What are the basic territorial administrative units? 6. What are the higher territorial self-governing units? 7. Describe the difference between the two levels of territorial self-government 8. What is a functional concept of public administration? 9. What is a concept of New Public Management? 10. Describe the two levels of the concept of New Public Management. Interesting additional information PAVELEK, P., 2017. Nový zákon ochrání územní samosprávy před dluhovou pastí [online]. Ministry of Finance Czech Rep. Last change 03. 03. 2017 [cit. 2017-12-04]. 29 Available from: http://www.mfcr.cz/cs/aktualne/v-mediich/2017/petr-pavelek-novy-zakon- ochrani-uzemni-s-27936 Link to the practical part 3.6 Description of individual types of municipalities taking a particular municipality as an example and definition of its characteristics and their projection into the municipality structure and personnel 30 2.7 Municipality as a basic unit of territorial self-government, the status of municipality, the competence of municipality, the bodies of municipality Key words Municipality as a territorial unit of territorial self-government, status of municipality, competence of municipality, municipal bodies The goals of the chapter To provide a definition of municipality as a territorial unit of territorial self-government, with its status and competence within the system of territorial self-government and with the appropriate municipal bodies and their content. Learning outcomes  36.4 explain activities of territorial self-governance in the CR Abstract The information provided in this chapter are based on of Act No. 128/2000 Coll., in the current version Municipality is a basic territorial self-governing community of citizens; it constitutes a territorial unit that is defined by the boundary of municipal territory. It is a public-law corporation with its own property and it is an independent agent in legal relations and bears responsibility arising from these relations. The municipality cares for the all-round development of its territory and the needs of its citizens and it also protects the public interest. The municipality is administered by the following bodies, i.e. by the municipal council, the municipal board, the mayor, the municipal authority and the special bodies of the municipality. The municipality´s competence is to issue a generally binding decree or a municipal regulation. The independent competence of the municipality includes, in particular, matters belonging to the competence of municipal council (see below), i.e. the creating of conditions for the 31 development of social care, housing satisfaction, protection and development of health, transport and communications, information needs, education, general cultural development and public order. The most important decision-making body is the local government. Its members are elected for a period of 4 years. The number of council members is derived from the population and the size of the territory. The municipal council is authorized to approve the municipal development program, municipal budget, the final account of the municipality and the financial statements of the municipality compiled at the balance sheet date, to decide on the establishment or cancellation of legal entities, to issue generally binding decrees of municipality, to decide on the announcement of a local referendum, to propose changes of cadastral territories within the municipality , to approve agreements on the change of municipal boundaries and on the merging of municipalities, to establish and abolish the municipal police, to decide on the cooperation of the municipality with other municipalities and on the form of this cooperation, to decide on the establishment and names of parts of the municipality, the names of streets and other public spaces, to grant and withdraw honorary municipal citizenship and municipal awards. The municipal council´s initiative may be to set up committees (such as the Financial and Control Commission). The municipal council is also allowed to take decisions on a number of legal acts (see § 150 of Act No. 128/2000 Coll.). The municipal council is a municipal executive body in terms of independent competence and is liable to the municipal council. The number of municipal board members is odd and is at least 5 and not more than 11 members. The municipal board is authorized for the following: to carry on the municipal business agenda according to the approved budget, to implement budgetary measures within the range defined by the municipal council, to decide in matters of municipality as the sole partner of a business company, to issue municipal decrees, to discuss and solve proposals, to establish and cancel the municipal board´s commissions, to control the fulfilling of tasks which is to be done by the municipal authority and commissions within the municipality's independent competence. The mayor externally represents the municipality, the mayor and deputy mayor (deputy mayors) are elected by the municipal council from its members. The mayor and deputy mayor must be citizens of the Czech Republic. They are responsible to the municipal council for their performance. The mayor appoints and recalls with the consent of the 32 director of the regional office the secretary of the municipal office in accordance with a special law and determines his or her salary according to special regulations; is responsible for the timely ordering of the examination of municipal financial management for the course of the previous calendar year, implements the tasks of the employer according to special regulations, concludes and terminates the employment relationship with the employees of the municipality and determines their salary, is allowed after discussion with the director of regional authority to delegate the execution of certain matters to a commission, is allowed to ask the Police of the Czech Republic for a cooperation in securing local issues of public order, is responsible for informing the public, ensures the execution of delegated powers in municipalities, etc. The local authority consists of the mayor, deputy mayor (deputy mayors), the secretary of municipal office, if this office is established, and the employees of municipality who are included in the municipal office. The mayor is a head of municipal office. In terms of independent competence the municipal office implements the tasks assigned to it by the municipal council or municipal board, assists the committees and commissions in their activities, executes the delegated powers. Literature Compulsory literature LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN. 978-80-7402-295-1. (pp. 30-33) SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 167-267) Control questions 1. Define the municipality as a territorial self-governing unit 2. Characterize the materials which the municipality issues within its competence. 3. What is included into the municipal independent competence? 4. What are the municipal bodies? 5. What is within the competence of municipal council? 6. What is within the competence of municipal board? 7. Define what is represented by the mayor. 8. What are the mayor´s duties and workload? 33 9. Who forms the municipal office? 10. What are the bodies of municipal council? The interesting facts related to the subject The Union of Towns and Municipalities of the Czech Republic is a voluntary, non-political and non-governmental organisation. The union members are municipalities and towns. The Union of Czech Towns and Municipalities is partner of the governmental and parliamentary political representation. It participates in the preparation and formation of legislative and non-legislative proposals related to the municipal competences. The activity of the union is based primarily on the activities of mayors and members of municipal councils, who, in addition to their duties, deal with general problems of self-government. At present, the union brings together more than two thousand six hundred towns and municipalities, thus defending the interests of more than eight million inhabitants of the Czech Republic. Please also inform your colleagues that they can sign up for our newsletter by filling out the registration form. Find out everything you need right away by adding Facebook to your favourite pages. We bring you a regular overview of the news published on the website of the Union of Towns and Municipalities of the Czech Republic at www.smocr.cz. Link to the practical part 3.7 Analysis of individual legal forms of organizations the municipality establishes to fulfil its functions. Specification of individual organizations and tools the municipality uses for mutual cooperation in the field of independent competences - on the example of particular municipalities. Analysis of requirements for generally binding decrees in municipality 34 2.8 Administrative-territorial division of the CR, regions as units of territorial self-government, competence, position, authorities and organizational structure of regions Key words region, self-governing unit, regional authorities, regional administration, organizational structure of region The goals of the chapter Students will be able to define region as a self-governing unit (with its competence and position in the Czech Republic), regional authorities and their functions, and the regional office administration including its organizational structure. Learning Outcomes  36.4 explain activities of territorial self-governance in the CR Abstract The basic administrative-territorial division of the Czech Republic includes regions as higher territorial self-governing units and territorial units. From an institutional point of view, the current administrative-territorial division of the Czech Republic can be divided into four groups: (1) territorial units with their own elected municipalities, the socalled three-level structure (the Czech Republic – region – municipality); (2) territorial units of general state administration, the so-called four-level structure: (central (the Czech Republic) - regional (region) – sub-regional (municipalities with extended competence or municipalities with delegated offices) – local (municipality, including urban districts and parts in 8 Statutory cities (3) territorial units with special state administration (different territorial levels, where specialized agencies have their competence); (4) territorial units with delegated competency of state administration, performed by self-government units (primarily the sub-regional level, e.g. building authorities, registry offices, etc.). The previously mentioned municipalities with extended competence or municipalities with delegated offices have been introduced at this level and have taken over the main part of the agenda carried out by individual district councils. 35 Territorial self-government in the Czech Republic is formed by: basic self-governing units (municipalities) and higher territorial self-governing units (regions), with a particular municipality always being a part of a higher territorial self-governing unit. Regions are higher territorial self-governing units (territorial communities of citizens, public law corporations), as stated by Act No. 347/1997 Coll., on the Creation of Higher Territorial Self-Governing Units. These are territorial units (parts of the territory of the Czech Republic), established by Act No. 36/1960 Coll., on the Territorial Division of the State, as amended. Based on the Constitutional Act on the Creation of Higher Territorial SelfGoverning Units, 14 higher territorial self-governing units were created on 1st January, 2000. For the purposes of quantifying regional disparities and ensuring a steady growth of regions in a given country, the so-called Nomenclature of Units for Territorial Statistics – NUTS (Nomenclature des Unites Territoriales Statistique) was established. The definition of individual NUTS levels is characterized by their population and area. In the Czech Republic, the levels were defined by the Czech Statistical Office in agreement with Eurostat and entered into force on 1st January, 2000. The CZ-NUTS classification is intended primarily for statistical purposes as well as for analytical purposes, and data provision in relation to the EU, particularly for matters related to drawing out funds from the EU structural and investment funds. Funding from the EU funds is directed to the NUTS 2 level, and the Czech Republic has had to therefore introduce the so-called Cohesion Regions. In the area of regional policy, they represent the basic statistical units for calculating the GDP per capita indicator and on its basis, the structural and investment fund support is allocated. In its 2007-2013 programming period, each Cohesion Region had for the first time its own Regional Operational Program (ROP) aimed at solving particular issues within the given region. Micro-regions are most often formed as groups of municipalities around their natural center. Their size is varied, for example, up to 10 000 inhabitants and up to 10 member municipalities, but also 30 memeber municipalities (e.g.the Bystřicko Micro-region, the Lednice-Valtice Area, the Ivančice Micro-region, etc.). The aim of forming micro-regions is the common interest in general development of the area (e.g. infrastructure and transport services, education). Micro-regions are active on the basis of effective cooperation between mayors, transfer of information and experience, implementation of the Rural Recovery Program. Another form of cooperation between municipalities is secured under Voluntary 36 Associations of Municipalities (VAM), e.g. VAM Přemyslovské Střední Čechy (Přemyslid Central Bohemia), VAM Region Orlické hory (the Orlické Hory Region), VAM Jezero Milada (Lake Milada). Their activities may include, in particular, fields of education, social care, health, culture, public order, environmental protection, tourism, municipality cleanliness, green management. Euroregion is an area of cross-border cooperation established on the basis of mutual agreement between the border regions of two or more countries. The aim of Euroregions is to support and implement projects that are created as a result of cross-border cooperation. The main reason for establishing Euroregions is to eliminate inequalities between the regions on both sides of the border. At present, there are 13 Euroregions in the Czech Republic: Nisa, Labe, The Ore Mountains, Egrensis, Šumava, Glacensis, Praděd, Silesia, Těšín Silesia, The Beskids, The White Carpathians, Pomoraví and Silvia Nortica. Figure 1: 13 Euroregions of the Czech Republic Source: The Czech Statistical Office Literature Compulsory literature SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 167-267) 37 LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN 978-80-7402-295-1. (pp. 30-43) Control questions 1. Explain the concept of administrative-territorial division of the Czech Republic. 2. How do territorial units with their own elected municipalities differ from the territorial units of state administration? 3. What is meant by the term territorial self-government? 4. Describe the regional division of the Czech Republic. 5. What is the purpose of the NUTS units? 6. What does the term Cohesion Region mean and which of the NUTS does it belong to? 7. What does the term microregion describe? Give examples. 8. Name other forms of co-operation between municipalities. What purposes were they established for? 9. What indicator is used for calculating the EU structural assistance? 10. Describe the concept of euroregion. Interesting additional information Asociace krajů ČR, 2017. Hejtmani a starostové táhnou za jeden provaz. Chtějí jednat s novou vládou o prioritách pro rozvoj území [online]. Asociace krajů ČR. Poslední změna 6. 12. 2017 [cit. 2017-12-04]. Available from: http://www.asociacekraju.cz/novinky/hejtmani-a-starostove-tahnou-za-jeden-provaz-chteji- jednat-s-novou-vladou-o-prioritach-pro-rozvoj-uzemi-1.html Link to the practical part 3.8 Analysis of relations between municipality self-government and regional self- government 38 2.9 Public finance, public inspection, public services Key words public finance, public control, public services, budgetary system The goals of the chapter Students will become acquainted with the definition of public finance and its functions and components, the concept and function of budgetary system, particular tasks, mission and the types of public control, and the definition of public services and their classification. Learning Outcomes  36.8 define, suggest and choose a lucrative financial source of financing public administration  36.12 explain principles of drawing up municipal and regional budgets Abstract Public finance may be referred to as public money, or public funds, i.e. public budgets. Public finance involves taxes, fees, duties and other incomes, such as loans, and money is expended in the form of public spending on the provision of public services. Managing public finance should be transparent. It is the relationship between a payer (a taxpayer) on the one hand and a tax administrator on the other. From the process point of view, this includes fulfillment, administration, decision-making on the use, release and consumption of financial resources from public budgets, etc. Public finance is seen as monetary relationships that arise and develop during acquisition, distribution and use of money capital, or money (cash and non-cash). They are related to raising funds and their effective use to finance individual types of state (government) intervention, and are the relationships between the creation, distribution and use of money belonging to citizens, thus also to public bodies that manage the money. Public finance serves to meet the needs of the population at the level of the state, regions and localities, thus ensuring public tasks and fulfilling public interests. These relationships are used on the basis of 3 principles –irreversibility, non-equivalence, involuntariness. 39 The main functions of public finance: allocation, redistribution and stabilization. The allocation function refers to allocating economic resources whose use is decided by governments (not the markets). Their role is to concentrate the necessary funds to secure the production or financing of public goods, or other goods, which the governments decided to provide to the population free of charge. The redistribution function means redistributing primary incomes (pensions) of economic entities creating the market. The goal is to mitigate pension and asset inequalities in society. The stabilization function is related to influencing aggregate demand in the national economy, based on the expansionary or contractionary fiscal policy of the government, which implies the purchase of goods and services as well as transfer services influencing the aggregate demand. Increasing or decreasing budget revenues and expenditures can thus dampen fluctuations in the business cycle and mitigate inflationary pressures in the economy. The components of public finance include state finances (concentrated in a centralized monetary fund), budgets of state-owned funds, state-owned enterprises, budgetary organizations, organizational units, budgets of municipalities (separated from the state budget) and budgets and budget funds from the EU and European funds. Budgetary system encompasses a system of monetary funds, a system of budgetary relations within the budgetary system, a system of bodies and institutions that are responsible for the creation, distribution and use of public budgets and special purpose funds and ensure their payments. Public control is one of the characteristics of public administration, and its name is derived from the fact that it is implemented in the public interest. Practically speaking, it results from the status of a citizen as a taxpayer, it being his/her right, but also duty. The basic functions of public administration control are recognition, detection, comparison, evaluation and correction. Public control may be divided into preventive, continuous and subsequent. Public services is a term denoting individual outputs of the public sector. They are services financed by public finance and provided by the state for the benefit of citizens who pay them indirectly through taxes. The state may transfer the provision of public services to other state entity (e.g. a city, a town) or a particular organization (e.g., public services in aviation, road and rail transport or public services in the health, social and energy sectors being both at the national level and the regional level). 40 Literature Compulsory literature SVOBODA, P., 2013. Úvod do Evropského práva. Prague: C. H. BECK. ISBN 978-80- 7400-488-9. (pp. 3-20) LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN 978-80-7402-295-1. (pp. 13-49) Recommended literature SCHELLE, K., 2016. Dějiny veřejné správy. Prague: Wolters Kluwer ČR. ISBN 978-80- 7552-374-7. (pp. 484-500) Control questions 1. Define the term public finance. 2. What may be described as public finance? 3. What are the functions of public finance? 4. What are the components of public finance? 5. Characterize budgetary system. 6. What does public control mean? 7. What is the function of public control? 8. How is public control divided? 9. What are public services? 10. Describe the term public service. Points of Interest from the Above Topic Public services serve the purpose of naming certain outputs of public service providers. Public services can also serve to assess the quality level that the state should be obliged to provide to its citizens – in which case public services can be described using the so-called public service catalog. The public administration portal is the easiest way to information and services across the whole public administration. In one place, one may find published and publicly accessible information, including acts, electronic submission forms, Czech POINT@home, the National Catalog of Open Data, the Register of Treaties, instructions for solving all life situations in relation to public authorities, and a list of data pages . 41 Link to the practical part 3.9 Analysing regional authorities; i.e. which authorities are optional; the example of individual regions shows a complex organizational structure of the region; analysing information from the record of talks of regional municipalities 42 2.10 European contemporary public administration and European administration area; comparison of the public administration in Europe (standard systems) with the public administration in the CR Key words European administrative law, European administrative area, sources of law, Czech administrative law The goals of the chapter Students will become acquainted with the current European administrative law and its sources. The chapter will help them clarify the fundamental relationship (relevance) of the EU law to national legal orders (national law) and explain the administrative law of the Czech Republic. Learning Outcomes  36.6 compare individual models of state administration in the CR and European countries Abstract Considering the administration of individual European countries, the main source is a written regulation. However, this is different in the EU administrative law as in addition to the written law, general principles of law are important here, which means that: (1) law is generally uncodified – the provisions are not summarized in one code, (2) law is “judgemade”, i.e. in regular disputable cases, this law is readable from sources of written law, (3) in its normative basis, law is subject to numerous and frequent changes in both legislation and judicature. Written law (lex scripta) is constituted by legal norms captured in a timeconstant manner (on paper, in a computer database, etc.). Unwritten law (ius non sriptum) is not captured on a firm basis, but it has been in existence and transmitted orally (traditions, customs). 43 First, the European administrative law is characterized as the European Union's administrative law. Second, it is the law of common European administrative area, i.e. created and used at different levels of intergovernmental (not always interstate) cooperation, thus serving not only for the administrative purposes of cooperation and integration of the Member States of the European Union, but also for other public administration holders and executors. And third, the European administrative law can be understood as law that is common to public administration of European democratic states (ius commune). The European Community has been given the competence of the Member States to create its own legal system, i.e. legal norms which are binding on Member States and their national bodies. The EU law covers both the EC (Community) law and the second and third pillar law. It can therefore be divided into Community law and Union law. The Community law is divided into the following basic sources: Primary law – in terms of its meaning, it is considered as "constitutional law", and includes, in particular, international treaties (concluded by the Member States) and the so-called founding treaties of the EU (the Paris Treaty, the Treaty of Rome, the Single Administrative Document, etc.), general principles of law and the Charter of Fundamental Rights of the European Union. Secondary law – includes legal norms established by the Community institutions, and serves to implement the founding treaties. It is divided into binding legal acts (regulations, directives and decisions) and non-binding legal acts (decisions, recommendations). The sources of the Union law are developing extremely dynamically and are anticipated by the Treaty on European Union and developed by the Treaty of Amsterdam. In terms of their legal force, they are further sub-divided into two groups. Primary Union law – it is made up of the relevant provisions of the Treaty on European Union dealing with the issues of the second and the third pillar (in particular, of the Amsterdam Treaty and the Treaty of Nice). Secondary Union law – it consists of acts adopted on the basis of the provisions of the Treaty on European Union and for the achievement of the objectives set out therein. These derived norms must always be in line with the primary EU law. The relationship between the Community law to national law. The European law primacy is accepted in the Member States and the Member States also have certain obligations as regards the application and enforcement of the Community law that recognizes that every citizen of the European Community may rely directly on the EC law before a national court. The responsibility of the Member States for breach of the EC law permits a citizen's right against a Member State resulting from its liability for breaching the Community law. The 44 responsibility of the Member States for failing to transpose a directive is the obligation for the Member States to transpose a particular directive into national law. The administrative law of the Czech Republic is a fundamental legal sector of public law. One may also come across the term state law, since it regulates the activities of public administration in the state. The administrative law is divided into substantive law and procedural law. The substantive administrative law carries norms regulating individual social situations governed by the administrative law, e.g. the Registry Act, Act on the Protection of Industrial Designs, the Building Regulations, etc. The procedural administrative law regulates the application activities of administrative bodies, i.e. procedural steps – how administrative bodies are to behave in the law enforcement and what rights and obligations a participant in the administrative procedure has. The main procedural standard in this case is the Administrative order. Literature Compulsory literature HRUBÝ, R. and M. KRÁSNICKÁ, 2012. Introduction to the Law. Úvod do práva. Prague: Alfa Nakladatelství. ISBN 978-80-87197-47-9. (pp. 12-38) Control questions 1. Explain the concept of the European public administration. 2. What are the general principles of the European administrative law? 3. Characterize three aspects of European administrative law. 4. How does the Community law differ from the Union law? 5. What sources include the so-called founding treaties? Can you name any? 6. Explain the terms binding acts and non-binding acts. 7. What is the relationship between the Community law and the national law? 8. Specify the importance of the European administrative area. 9. Explain the notion of the substantive administrative law. 10. Explain the notion of the procedural administrative law. Points of Interest from the Above Topic Ministerstvo vnitra ČR, 2017 Konference Zvyšování kvality veřejné správy na místní a regionální úrovni [online]. Kvalitní správa [cit. 2017-12-04]. Available from: 45 http://www.kvalitavs.cz/konference-zvysovani-kvality-verejne-spravy-na-mistni-a- regionalni-urovni/ Link to the practical part 3.10 Comparing regional financing with municipality financing; analysing incomes and expenditures from a budget of the selected region 46 2.11 Key offices of the European Union and their role in implementing “European policies”; International and multinational cooperation of the CR in regard to public administration Key words institutional triangle, main EU institutions, complementary institutions and bodies, international cooperation in public administration, Institute for Public Administration Prague The goals of the chapter The students will be familiar with the creation of the European Union, the founding documents, the main principles, the EU institutions (including the subordinate and auxiliary bodies) and particular issues of international cooperation in the field of public administration, specifically the Institute for Public Administration Prague. Learning Outcomes  36.7 explain international relations and connections to the EU and other international organizations Abstract The creation of the European Union (EU) was based on a number of founding treaties. Since the early 1990s, the founding treaties of the European Community and the European Union have gained the shape given to them by various EU Treaties. The Maastricht Treaty substantially amended the Treaty establishing the European Community (TEC) and included a new Treaty on the European Union (TEU). Other treaties include the Single European Act (1987), establishing a single market, the Treaty of Amsterdam (1999) and the Treaty of Nice (2003). The most recent one is the Treaty of Lisbon (2009) that amends some previous treaties. The EU has a dual source of legitimacy – the will of citizens and the will of governments, and is open to all European states that represent pluralist, tolerant, 47 fair and solidarity-based society and reject discrimination. In areas not covered by the treaties, the individual states retain sovereignty. There are three main institutions in the EU responsible for policymaking and decisionmaking: the European Parliament, the Council of the European Union, the European Commission. The European Parliament represents the citizens of the Union in the EU. Together with the Council, it adopts legislative proposals presented by the Commission. The heads of state and government of the Member States meet at least four times a year at the Council of the European Union. The meeting serves to discuss political priorities and decisions are usually adopted by consensus. The Council represents the voice of the governments of the Member States and has both the legislative function (which it exercises with the European Parliament) and the executive function (which it shares with the European Commission). The Ministers of the respective ministries sit and make decisions in various assemblies, e.g. external (foreign) relations, economic and financial affairs, transport, energy, agriculture, etc. The Council is also called the Council of Ministers, sitting several times a month. The European Commission is independent of the governments of the Member States and has the role of defending the interests of the Union as a whole. It has four main functions: proposing particular EU policies and legislation, overseeing compliance with the EU Treaties and legislation, managing and implementing the EU policies and the related budget, and representing the EU on the international scene. The Commission is appointed every five years. A single Commissioner, the President of the Commission and Vice-Presidents are appointed from each Member State. The Court of Justice of the European Union is to ensure that EU law is interpreted and applied in the same way in all Member States. The Court of Justice also has jurisdiction in litigation between the Member States, EU institutions, businesses and individuals. It is based in Luxembourg and is made up of judges from all EU countries. Then, there are other main EU bodies charged with specific tasks. The European Central Bank manages the monetary policy of the euro area, the Court of Auditors ensures that the EU budget (funded by European taxpayers and revenues from customs duties) is adequately used, the European External Action Service is the body for foreign and security policy, the European Economic and Social Committee and the European Committee of the Regions are consultative bodies representing employers, trade unions, civil society and local and regional authorities, the European Investment Bank funds projects in the poorer regions of the EU and helps small and medium-sized enterprises, the Ombudsman investigates complaints by citizens, businesses and other entities on the procedures of the EU 48 institutions, the European Data Protection Supervisor ensures that all bodies and institutions respect the citizens' right to privacy when processing their personal data. The specific implementation of European legislation in the relevant areas is supervised by 40 agencies of various character and size, located in different places in the EU. The Institute for Public Administration Prague was established to ensure cooperation in the field of public administration. International cooperation is one of the Institute´s important areas of competence as it is mainly focused on cooperation with similar educational institutions of state or national character abroad. The cooperation consists mainly in the realization of study visits and the transfer of good practice. Literature Compulsory literature HRUBÝ, R. and M. KRÁSNICKÁ, 2012. Introduction to the Law. Úvod do práva. Prague: Alfa Nakladatelství. ISBN 978-80-87197-47-9. (pp. 44-94) Control questions 1. Explain the reasons for the creation of the EU. 2. Explain the term European policy. 3. Specify the EU institutions. 4. Specify other EU institutions and bodies. 5. Describe the main roles and content of the so called institutional triangle. 6. What are the other main EU bodies? Describe their activities. 7. Specify the importance of international co-operation in the field of public administration. 8. What forms can internatinoal cooperation have in the field of public administration? 9. What is the focus of the Institute for Public Administration Prague? 10. Describe the areas of international cooperation of The Institute for Public Administration Prague. Points of Interest from the Above Topic Ministerstvo vnitra ČR, 2017 Konference Zvyšování kvality veřejné správy na místní a regionální úrovni [online]. Kvalitní správa [cit. 2017-12-04]. Available from: 49 http://www.kvalitavs.cz/konference-zvysovani-kvality-verejne-spravy-na-mistni-a- regionalni-urovni/ Link to the practical part 3.11 Description of cohesion region functions, analysis of links, cohesion region relations to regions. Analysis of information on cohesion region web, analysis of subsidies the cohesion regions work with 50 2.12 Public administration and civil society; Ethics in the area of public administration Key words multi-level governance, multi-level governance in the EU and the Czech Republic, public administration The goals of the chapter To identify the categories of public administration and civil society, characterize their interrelation and conditionality, specify the relationship between public administration and civil society, and demonstrate the importance of ethics for public administration in the context of civil society. Learning Outcomes  36.1 use general terms concerning state and public administration Abstract Public administration is carried out in the public interest and its activities are bound by both the law and the constitutional principles. Civil society is a collection of nongovernmental organizations and institutions, which show the interests and will of citizens, and is a space between the state and the private sphere. Civil society includes, for instance, the following organizations: non-governmental non-profit organizations, interest groups, trade associations, religious organizations, some professional associations. According to their function in society, civil organizations may be divided into service organizations (humanitarian, social) and organizations seeking to achieve social or political changes. Civil society is crucial to functioning of a free and democratic state for several reasons. It gives citizens the opportunity to influence events in the state by their own participation in organizations, or, for example, by political pressure to address a particular issue. Due to its independence from state structures, it legitimizes the state authority, justifies the organization of the state and creates a sense of belonging between citizens and loyalty to the state. 51 In a handbook titled as “Citizens as Partners”, public officials are advised on a number of tips how to strengthen public administration relations with citizens and the public as a whole: tackle this issue with all seriousness, start up activities in view of civic interests, fulfill the promised tasks (as it is essential to have and maintain the trust of citizens), be observant not to miss a suitable moment for civil participation and be creative. Also, it is required to have good knowledge of particular situations and an innovative approach, work on the balance of various interests, be ready for a criticism (which is a part of democracy), use the whole apparatus (as the main principle is openness, not secrecy), develop cohesion policy, act immediately without any delay, since prevention is better than cure. Ten main principles for good governance were selected, i.e. commitment, rights, clarity, time, objectivity, resources, co-ordination, accountability, evaluation and active citizenship. Ethics and ethical behaviour belong to the basic moral values traditionally associated with administration and public service. In recent years (under the pressure of reform movement in public administration, oriented economically to increase productivity and efficiency in public administration and the entire public sector in its competition with the private sector), there has been a danger that ethics and other values would slowly disappear. A lack of ethics in public administration was traced primarily to an official´s behaviour which was not responsible and therefore unethical. Three ways to strengthen ethical behaviour of public officials have been put forward: adoption of written rules and, in particular, the codes of ethics of public administration staff, ethics education before commencing the service and further training at work, and a certain influence of the senior management´s model role in public administration. Then, there have been recommendations on improving ethical behaviour in public service, including 12 ethical principles to help the Member States in their efforts to improve ethics in public administration and all ethical infrastructure. The principles set out the following: ethical standards for public administration must be clear and must be enshrined in law, public officials must have available ethical leadership, public officials must know their rights and responsibilities, political commitment on behal of ethics must strengthen the officials´ ethical behaviour, decision-making processes must be transparent and open to inspection, there must be clear rules for interactions between the public sectorand the private sector, senior executives must ethically conduct themselves and promote ethical behaviour of all, management policy, administrative procedures and practices must all promote ethical behaviour, public service conditions and human resources management must promote ethical behaviour, 52 public administration must have adequate mechanisms of accountability, appropriate procedures and sanctions for misconduct must be established. At present, one of the primary tasks in the field of ethical education of public administration officials is to fight against corruption, avoid the penetration of politics into public administration, and strict compliance with legislative and legal standards in decision-making of officials, etc. Literature Compulsory literature LOCHMANNOVÁ, A., 2017. Veřejná správa. Základy veřejné správy. Prostějov: Computer Media. ISBN. 978-80-7402-295-1. (pp. 100) POTŮČEK, M., 2016. Veřejná politika. Prague: C. H. Beck. ISBN 978-80-7400-591-6. (pp. 38) Recommended literature PEKOVÁ, J., R. POMAHAČ and O. VIDLÁKOVÁ, no date. Vzorový učební text vstupního vzdělávání úředníků územních samosprávných celků. Prague: Ministerstvo vnitra ČR. (pp. 112-125) Control questions 1. Explain the term public administration. 2. Explain the term civil society. 3. Specify the importance of ethics for public administration and give examples. 4. Specify 10 main principles of“good governance”. 5. Describe the basic characteristics of civil society. 6. Which institutions belong to civil society? 7. What are the ways to strengthen the relationship between citizens and public administration? 8. What three ways do you know to strengthen ethical behaviour of officials? 9. What are the principles of ethics in public administration? 10. Explain the cross-compliance of public administration, civil society and ethics in public administration with practical examples. 53 Points of Interest from the Above Topic An editorial of the Slavonice town office (in southern Bohemia) addressing the above topic has been written in a fairly comprehensible, concise and civic style: "To simply and comprehensibly characterize civil society is more difficult than it may seem. Today, however, the following characteristic prevails: Civil society is everything that is not the state. Civil society should surely be a guarantee of independence from the state and have a non-political status, as it is now widely regarded as a guarantee of freedom and democracy. Few of today's social scientists and politicians doubt that democracy is not enough with just a competition of political parties, which is partly mediated by the media and where citizens enter once in a while through the elections. Civil society should mainly offer citizens more effective involvement in governance of public affairs and can also represent a considerable mobilization of resources and so to improve the quality of democratic political decision-making. It's a toilsome and long way. Elected governors of public affairs are not often all too much for citizens manifesting themselves." Link to the practical part 3.12 Analysis of selected benchmarking studies published by international institutions; specification the role of international organizations in the global governance 54 2.13 Multi-level governance (MG); Content and forms; Conditions of MG in the CR Key words multi-level governance, multi-level governance in the EU and the Czech Republic, public administration The goals of the chapter The objectives are to specify the category of multi-level governance, give basic information on its nature, forms and content as well as the development of multi-level governance within the European Union, and the current and expected state of multi-level governance in the Czech Republic. Learning Outcomes  36.7 explain international relations and connections to the EU and other international organizations  36.10 explain basic principles of governance, define goals and measure risks resulting from a regulation Abstract Governance equals shared governance. Multi-level means interconnecting levels of governance on a vertical level and a horizontal level. In addition to the interdependence theory, the concept of multi-level governance belongs to intergovernmental paradigms of theoretical approaches to exploring the European Union. Thus, the theoretical concept of governance extends the state-centric view of the traditional Westphalian (one may say modern) model to the supranational level. Some theorists have talked about "Post-Sovereign Governance", whereas some authors have mentioned a postmodern style of governance. However, there is a general consensus that the main cause has been the globalization process with a shift to the so-called "new regionalism", where the principle of subsidiarity is applied most closely, that is, as close as possible to the citizen as such, unfortunately resulting in overburdened administration and bureaucracy. Thus, the multi-level governance model has a trend of quality model in it, but 55 it is discredited in the eyes of the public. More regional public administration then meets both the "more ideological" motives of democratization and the effective economic role in the new environment. And if "centralization" (previously) is the basic accompanying phenomenon of the modern state, then the reaction to new process conditions (now) is a symptom of "decentralization", or the processes of regionalization, devolution, federalization or non-centralization. The emergence and expansion of multi-level governance has therefore its origin outside the EU, where this process was implemented later with the promise of its creative development within the declared democratic nationstate arrangement in the newly created common European space. The multi-level governance system was only put in the context of the EU after the Maastricht Treaty (1992), i.e. in the 1990s. The concept of multi-level governance extends the previously given area (municipal, regional and national) to the supranational level of the EU. The state is still responsible (and still a key player) for achieving goals at negotiations at all levels, but it does not fully control all processes. In theoretical approaches, there is noticeable knowledge of expanding a field or an area for negotiations that entities may permanently lead on several levels, but on the other hand, the experts are in agreement about narrowing space for state sovereignty. In terms of multi-level governance, 1-4 levels may be defined: transnational level, national level, regional level (e.g. Southwest region in the Czech Republic), municipal, municipal level in individual regions of the state (Dobrá Voda near České Budějovice). The European Union has a systematic concept and clearly defined regional policy objectives. One of the first and main principles was to help the economically weaker regions. Subsequently, a specific classification of regions (NUTS) in the Community was drawn up and the European Regional Development Fund was established (both initiated by the EU}. However, the current state is not quite satisfactory and there is an increasing trend to bring competencies and decision-making closer to citizens, i.e. place-based management. Multi-level governance in the Czech Republic means the ability to work and decide together. Thus, it is not a division of powers or competencies between different levels of public administration, which is often interchangeable in the Czech Republic. So far, common public administration has prevailed in the Czech Republic, thus combining "soft law and legal binding", "flexible approach versus rigid approach", "absence versus existince of sanctions", "material against procedural regulations", "broader or narrower definition of participants","uninstitutionalised ties versus institutionalized ties", with the country always being halfway between these extremes in individual categories. From 56 viewpoint of applying multi-level governance, the Czech public administration structure shows a high degree of diversity between the vertical level and the horizontal level. The vertical level: European, national, regional, municipal level and intermediate levels, e.g. 3 categories of municipalities in terms of state delegation of adminstrative power (I., II. and III.type of municipalities). The horizontal level: growing number of subjects outside of regular institutions and public administration institutions. From the standpoint of multilevel governance, the public administration structure in the Czech Republic is as follows: (1) the common levels of public administration: state, regions, municipalities, their bodies and institutions; (2) umbrella organizations of public administration, economic and social partners (e.g. Association of Regions of the Czech Republic, Union of Towns and Municipalities of the Czech Republic, Czech Chamber of Commerce, etc.); (3) territorial partnerships (voluntary associations of municipalities, Local Agenda 21, etc.), business entities, non-profit organizations, professional institutions, etc. Literature Compulsory literature POTŮČEK, M., 2016. Veřejná politika. Prague: C. H. Beck. ISBN 978-80-7400-591-6. (pp. 34-43) Control questions 1. Explain the terms governance and multi-level governance (MG). 2. Specify the causes of MG formation. 3. Specify the development of MG in the EU. 4. What are the main tendencies of MG in the European area? 5. Explain the term MG levels and describe them. 6. Explain the terms centralization and decentralization and give examples. 7. Characterize the basic legislative and legal conditions for MG in the Czech Republic. 8. Specify the vertical level of public administration in the Czech Republic. 9. Specify the horizontal level of public administration in the Czech Republic. 10. Is public administration in the Czech Republic prepared for MG? Give examples. 57 Points of Interest from the Above Topic PEROTTINO, M., 2014. Decentralizace ve Francii. Současnost, problémy, výhledy [online]. Ministerstvo vnitra ČR [cit. 2017-12-04]. Available from: www.mvcr.cz/soubor/5-konference-m-perottino-pdf.aspx Link to the practical part 3.13 Description of eGovernment trends in the CR and EU, current objectives and obstacles, analysis of individual key projects of eGovernment: Czech POINT, data boxes, basic registers, etc. 58 3 Preparation for seminars 3.1 Choosing effective tools for particular public services support; suggesting appropriate measures within a particular municipality Key words communication strategies, communication channels, target group The goals of the chapter The presented text summarizes particular use of communication tools for municipalities, specifies basic target areas for municipalities, defines basic communication tools and channels, and defines individual target groups and means to communicate appropriately with each of them. Learning Outcomes  36.13 assess and choose an effective tool for public administration support Example, model task The communication strategy´s aim is to establish an overview of used communication channels involving municipality representatives and other participants in regional development, including an introduction of new communication channels, their conditions of use and processing of acquired information (opinions, suggestions, comments, complaints or queries). Processing a particular communication strategy for a given municipality is a one-off matter with periodic evaluation and adjustment according to the evaluated results. The following template is a possible tool and recommendation, but it is not the only tool for creating a communication strategy, and does not capture all possible deviations or peculiarities of all municipalities. These are only suggestions on how to address specific situations (Source: Rozvoj obcí: PO3_2 Šablona komunikační strategie [online] (cit.: 2017/4/12) Available at: http://www.rozvojobci.cz/news/prilohy-k-manualu-pro-rizeni- rozvoje-obci/ 59  Public Council Meetings  advantages: regular meetings of municipality representatives with the general public, where the basic issues of municipality development are addressed – councils are authorized to approve municipal development programs, budgets, final balance sheets, etc. (according to Act No. 128/2000 Coll., on Municipalities); the meetings are publicly accessible and are usually announced well in advance (on the official board, and in other usual manners, at least 7 days before they are held) at accessible places → thus, citizens have the opportunity to discuss at the place and time when the councils can take decisions directly;  disadvantages: due to capacity limitations, the number of participants may be reduced; some individuals may have difficulties with expressing themselves publicly in front of a large number of people (and may then prefer other forms of contact with municipality representatives, e.g. e-mail, personal meetings, etc.);  financial costs: low (unless considering rewards paid to the representatives) – as far as communication with other entities is concerned, municipalities do not have any expenses, since the council meetings have to take place at least once every three months (according to the Act on Municipalities),  target groups: residents of municipalities, entrepreneurs, non-governmental organizations;  accessibility for target groups: accessible;  ways of receiving feedback: discussions on individual points/issues, meeting minutes are taken.  Meetings between Mayors or Municipality Representatives and Citizens  advantages: unlike the council meetings, these are mostly about solving one problem/matter, it is easier to invite an expert/experts on the given problem/matter to answer all possible queries; personal contact is often irreplaceable and may promptly clarify any misunderstandings or confusions;  disadvantages: times and dates that suit the majority of people (e.g. during school holidays, etc.) may not be selected; all of those interested in the matters concerned may not learn about the meetings;  financial costs: minimum if the meetings take place at council offices or where no rent has to be paid and the municipalities do not provide refreshments for participants, 60  targer groups: residents of municipalities, and there may also be separate meetings between municipality representatives and entrepreneurs or representatives of non-governmental organizations;  accessibility for targer groups: relatively accessible;  ways of receiving feedback: discussions, recording suggestions and comments from participants.  Views of Residents in Local Press  advantages: some entities prefer to give their opinoins in writing, a relatively wide group of people will learn or hear about the opinions, and municipalities, or their representatives, will (probably) be more compelled to respond to it;  advantages: usually a limited number of characters or words, possibilities of editorial shortening of contributions, which may cause distortions of reality;  financial costs: minimum;  target groups: residents, entrepreneurs, non-governmental organizations;  accessibility for target groups: relatively low – the press usually publishes only a limited number of contributions;  ways of receiving feedback: the contributions or articles.  Municipal Website – a special box for comments on municipality development;  advantages: the number of characters does not have to be limited, the number of contributors is not limited, an almost instant transmission of opinions to the person responsible;  disadvantages: possible Internet inaccessibility at households;  financial costs: relatively low;  targer groups: residents, entrepreneurs, non-governmental organizations;  accessibility for target groups: relatively high;  ways of receiving feedback: comment(s) in the given box.  Surveys, Opinion Polls  advantages: possibilities to find out views of residents on a wide variety of topics using precisely targeted questions;  disadvantages: relatively high demands regarding time and finances in the case of personal investigations, low returns of questionnaires distributed on streets or otherwise, sufficient time for evaluation; 61  financial costs: they depend on how questionnaire surveys are conducted (ranging from relatively low costs to high costs);  targer groups: residents, less number of entrepreneurs or non-governmental organizations;  accessibility for target groups: excellent (when manged well);  ways of receiving feedback: answers to questions that municipality representatives are interested in, possibilities for further communication on the issue(s).  Messages in Special Council Boxes  advantages: the boxes are placed in accessible locations and everyone can leave their comments or suggestions;  disadvantages: abusing the boxes to anonymous reports;  financial costs: very low;  target groups: residents;  accessibility for target groups: very accessible;  ways of receiving feedback: pieces of paper thrown in the boxes.  Internet Discussions  advantages: possibilities for virtual meetings of a large number of people discussing without necessary personal participations, i.e. without space requirements;  disadvantages: the discussions must be hosted by experienced people, there is a risk of moving discussion topics from their original ideas;  financial costs: low;  target groups: residents, entrepreneurs, non-governmental organizations;  accessibility for target groups: very accessible;  ways of receiving feedback: contributions to discussions on given topics.  Electronic Mail  advantages: an accessible and affordable way of communication between regional development participants and municipal representatives, a possibility to attach audio and visual attachments;  advantages: e-mail communication is not 100% reliable – an e-mail may not be delivered;  financial costs: very low; 62  target groups: entrepreneurs, non-governmental organizations, residents, general public;  accessibility for target groups: very accessible;  ways of receiving feedback: e-mail;  management of received information: e-mail answers to inquirers.  Written Communication  advantages: it may be argued that this is a traditional and very accessible way of communication, its use does not require any demanding technical equipment;  disadvantages: more time-consuming than e-mail, a possible risk of irreversible loss of transferred information (if the sender does not have a copy),  financial costs: low;  target groups: residents, entrepreneurs, non-governmental organizations;  accessibility for target groups: very accessible;  ways of receiving feedback: letter. Assignment Specify appropriate ways (tools) of communication between residents and representatives of a selected municipality. As regards the selected municipality, evaluate the tools of communication between the municipality and its residents, their advantages and disadvantages, target groups, an overview of possible ways of receiving feedback from the general public. Use the presented template and assess the suitability of the communication channels used in the selected municipality. Based on the experience gained, propose new communication tools (sources: the National Academy of Regional Management, Manual for the Management of Regional Development Processes on the Territories of Local SelfGovernment Municipalities, Manual for the Category of Municipalities up to 200 inhabitants). Literature Sources used for the purpose of the seminar Rozvoj obcí: Přílohy k manuálu pro řízení rozvoje obci [online]. [cit. 2017-12-04]. Available from: http://www.rozvojobci.cz/news/prilohy-k-manualu-pro-rizeni-rozvoje- obci/ 63 Rozvoj obcí: PO3_2 Šablona komunikační strategie [online]. [cit. 2017-12-04]. Available from: http://www.rozvojobci.cz/news/prilohy-k-manualu-pro-rizeni-rozvoje-obci/ 64 3.2 Comparison of selected programme documents (Strategy of regional development in the CR (2014-2020); Strategic framework of the development of public administration in the CR in 2014-2020) in regard to the unity of global and strategic goals; exploration of the interconnection of selected programme documents Key words strategic documents, global goals, strategic goals, specific goals, measures The goals of the chapter The presented text points out the methods used in processing strategic documents, defines the basic conceptual apparatus, such as visions, global goals, strategic goals and specific goals, and the follow-up measures through which the individual strategies are fulfilled. Learning Outcomes  36.3 precisely define and describe relations between individual levels of state administration in the CR  36.5 know seminal documents of key departments Example, model task Strategic management and planning in public administration is included in a number of documents. The basic documents addressing public administration are: Strategic Framework for the Development of Public Administration in the Czech Republic for the period 2014-2020, the Operational Programme Employment 2014-2020, the Integrated Regional Operational Programme 2014-2020. Detailed analysing of the aforementioned documents and studying their global goals, strategic goals and the follow-up specific goals and measures may lead to the identification of their interconnection (or interrelation) as well as the timeliness of their fulfilment or future implementation of individual measures into practice (Krbová 2017) 65 The individual strategic documents may be found on the websites of respective ministries, which are also their administrators, or are available at www.databaze-strategie.cz. Assignment Using the attached template, students will analyse the selected strategic documents which will then be interrelated with other strategic documents. Then, the students will examine the presented documents and identify the number of direct links to the strategic documents or their mutual complementarity. Literature Compulsory literature KRBOVÁ, J., 2017. Strategické plánování ve veřejné správě. Prague: Wolters Kluwer. ISBN 978-80-7552-587-1. (pp. 74-77) Šablonasoustavycílů(aopatření)kdoplnění Strategickýcíl A.doplnittext Strategickýcíl C.doplnittext Strategickýcíl B.doplnittext Opatření B.3.2doplnittext Opatření B.3.1doplnittext Opatření B.3.3doplnittext Opatření A.3.2doplnittext Opatření A.3.1doplnittext Opatření A.3.3doplnittext Opatření C.3.2doplnittext Opatření C.3.1doplnittext Opatření C.3.3doplnittext Opatření C.2.2doplnittext Opatření C.2.1doplnittext Opatření C.2.3doplnittext Opatření C.1.2doplnittext Opatření C.1.1doplnittext Opatření C.1.3doplnittext Opatření B.2.2doplnittext Opatření B.2.1doplnittext Opatření B.2.3doplnittext Opatření B.1.2doplnittext Opatření B.1.1doplnittext Opatření B.1.3doplnittext Opatření A.2.1doplnittext Opatření A.2.3doplnittext Opatření A.2.2doplnittext Opatření A.1.3doplnittext Opatření A.1.2doplnittext Opatření A.1.1doplnittext Specifickýcíl C.2doplnittext Specifickýcíl C.1doplnittext Specifickýcíl C.3doplnittext Specifickýcíl B.1doplnittext Specifickýcíl B.3doplnittext Specifickýcíl B.2doplnittext Specifickýcíl A.3doplnittext Specifickýcíl A.2doplnittext Specifickýcíl A.1doplnittext Vize doplnittext Globálnícíl doplnittext 66 3.3 Practical examples of public administration investigating Key words inspection, supervision, petition The goals of the chapter To make students familiar with the issues related to control and supervision in the framework of the public administration. To clarify the basic concepts, types of controls and institutions within the field of inspection and supervision in public administration. Learning outcomes  36.14 know how to deal with corruption Example, model task The public sector does not have a control mechanism (the public sector is managed and governed by public administration, and the production of most public goods is not secured through the market), the implementation of all public administration activities must be subject to control and supervision activities. Control and supervision within the public administration system are interlinked activities designed to ensure maximum efficiency. This is done by using system-based control mechanisms Submitting a petition If any participant of public development does not agree with the procedure carried out by a public administration institution. They can express their disagreement and ask for a rectification in the form of a petition. They can write a petition and address it to the municipality, county, or government office that is in charge of the matter ("the Office"). The petition can be created by a citizen of the Czech Republic, but also by a foreigner, and also by a group called the petition committee. If you form a petition committee, you must select one person over 18 who will represent the petition committee when dealing with the authorities. 67 1. What to include in the petition: - the petition must include: a request (request, proposal, complaint), petition sheets which the citizens are required to sign, information about the person/group of people who created the petition: a) Petition committee – first names, surnames and addresses of all members of the petition committee and the first name, surname and address of the person who has the right to represent the members when dealing with public authorities b) Individual person – the first name, surname and address c) Non-governmental organization – name, address, organization registration number and the first name, surname and address of the person authorized to act for the organization The petition is forbidden to include a requirement that would interfere with the independence of the courts (for example, how the court should decide) and the call for human rights abuses, the incitement of hatred or violence. Signature sheets must be attached to the petition:  Name, surname and address of the signing person and his/her signature  Identification and description of the petition – it must be clear which petition is being signed by a particular citizen  Information about the person who created the petition 2. Collect the required number or signatures 3. Send the petition to the authorities. Model of a petition sheet Petition committee consisting of: Petr Novák, Přímá 1, Pravdomilice, 123 05 Antonín Novák, Slušná 1, Pravdomilice, 123 05 Jana Nováková, Průhledná 1, Pravdomilice, 123 05 Petition committee is represented by Petr Novák, Přímá 1, Pravdomilice, 123 05 68 Table 1: Nomination of the petition committee Č. Name Surname Permanent residence (address) Signature 1. 2. 3. … Source: own Figure 1: A Model of a Petition 69 Source: http://vtresnovce223.cz/2017/05/30/petice/ Assignment: - Student studies the included petition. - Identifies the key features of the petition. - Creates a petition committee, - Identifies a reason for creating a petition - Collects the required number of signatures (asks the other students) - And presents the petition at a public plenary meeting. Literature Sources used for the purpose of the seminar ivAct No. 85/1990 Coll. on the right of petition. 70 3.4 Analysis of ethical tools, definition of their potential and limits. Comparison of individual ethical codes Key words ethics, ethical code, ethical tools The goals of the chapter The aim of the chapter is to introduce students to the issues of ethics in public administration, its functionality and the limits of tools used in the Czech Republic. Learning outcomes  36.6 compare individual models of state administration in the CR and European countries Example, model task Ethical code for public administration employees Among the instruments of ethics in public administration, we can list written rules in the form of internal regulations, such as the Office's anti-corruption policy or the Code of Ethics. The Code of Ethics is a set of regulations, patterns of behaviour that are directed towards employees and professionals with specific features. Most of these professions deal in a certain way. The Code of Ethics for Public Administration Officials was first adopted by Government Resolution No.270270 / 2001. The full text is available at the following address: GOVERNMENT OF THE CZECH REPUBLIC, 2016. Code of Ethics of the Office of the Government of the Czech Republic. VLÁDA České republiky, 2016. Etický kodex zaměstnanců Úřadu vlády ČR. [online] www.vlada.cz [cit. 2017-12-04]. Available at: https://www.vlada.cz/cz/urad-vlady/eticky- kodex/eticky-kodex-zamestnancu-uradu-vlady-cr-100436/ The Code of Ethics consists of 7 articles: Article 1 Introductory provisions 71 Article 2 Preamble Article 3 The scope of the regulations Article 4 Basic concepts Article 5 Basic principles Article 6 Legality Article 7 Adequacy Article 8 Professionalism Article 9 Representation Article 10 Speed and efficiency Article 11 Conflict of interests Article 12 Corruption Article 13 Handling public funds Article 14 Raising awareness Article 15 Secrecy Article 16 Political and public activities Article 17 Notification and protection of informants Article 18 Ethical Committee of the Government Office Article 19 Final provisions Article 20 Efficiency Another text devoted to the ethical behaviour of officials can be found at: Ten principles of good administration (according to the Ombudsman), so-called "ten commandments". The full document can be found at: Veřejný ochránce práv, nedat. Principy dobré správy [online]. www.ochrance.cz [cit. 2017-12-04]. Available at: https://www.ochrance.cz/stiznosti-na-urady/principy-dobre-spravy/ Good public administration, therefore, refers to the procedures of the administration units that are not only in accordance with the law, but do not contain features of arbitrariness, purposefulness, avoidance, inefficiency, dilatoriness and other undesirable features. The result of the Ombudsman's efforts is to establish ten principles: 1. Compliance with law 2. Fairness 3. Timelines 72 4. Predictability 5. Cogency 6. Adequacy, 7. Efficiency 8. Responsibility, 9. Overt attitude and 10. Willingness. 1. Name the functions of the code of ethics? 2. In what way is it different from the principles of good administration? 3. Find other ethical codes? 4. Write the code of ethics for your school? Assignment: The student will study in detail the Code of Ethics for civil servants and public administration employees. He/she will find the information about the other document called the Principles of Good Administration and compares both documents. He/she will find other Ethical Codes that have been written by public authorities. Literature Sources used for the purpose of the seminar Usnesení vlády č. 331 z r. 2012, o Etickém kodexu úředníků a zaměstnanců veřejné správy Government Resolution No. 331 of 2012 on the Code of Ethics for Officials and Public Administration Employees GOVERNMENT OF THE CZECH REPUBLIC, 2016. Code of Ethics of the Office of the Government of the Czech Republic. VLÁDA České republiky, 2016. Etický kodex zaměstnanců Úřadu vlády ČR. [online] www.vlada.cz [cit. 2017-12-04]. Available from: https://www.vlada.cz/cz/urad- vlady/eticky-kodex/eticky-kodex-zamestnancu-uradu-vlady-cr-100436/ Ombudsman, Principles of Good Administration 73 Veřejný ochránce práv, nedat. Principy dobré správy [online]. www.ochrance.cz [cit. 2017-12-04]. Available at: https://www.ochrance.cz/stiznosti-na-urady/principy-dobre- spravy/ European Commisson, nedat. Etics and Integrity in the European civil service [online]. www.ec.europa.eu [cit. 2017-12-13]. Available from: https://ec.europa.eu/info/about- european-commission/service-standards-and-principles/codes-conduct/staff_en 74 3.5 Analysis of two basic professional models in public administration. Career system and positioning system Key words public service, career system, positioning system The goals of the chapter The aim of the chapter is to teach students how to distinguish two basic models of positions of civil servants in public administration. They should be able to describe them, specify their advantages and disadvantages, and where they are most used. Learning outcomes  36.6 compare individual models of state administration in the CR and European countries Example, model task Two most frequently used career systems a) Career system – description, its advantages and disadvantages: - employment in public administration represents a lifelong professional career in the service of public administration, - new candidates are recruited for the starting positions, ie. at the beginning of their entire career, - according to this framework, gradual promotion (including payroll growth) is prescribed and guaranteed by law, provided that the official complies with statutory or other prerequisites for promotion (a higher and more important position), - the principle of permanence and the principle of the irrevocability of a service relationship is valid in principle, after the public servant has been duly appointed to the so-called final employment relationship (exception being the extreme case of imposing the highest disciplinary sanction leading to the dismissal of a civil servant); - some elements of the service relationship (such as duty of confidentiality) persist even after retirement, 75 - the seniority principle applies (employees are promoted and rewarded according to the number of years of service in the organization, according to the length of their practice). The following aspects can be listed among the key advantages of a career system: - greater legal certainty of the employment relationship, - the career system supports job stability and is less prone to politicizing officials - promoting systematic care for growth in qualifications, - the system is a prerequisite for professional, loyal and experienced clerical staff. The disadvantages of this system can be seen in: - the inclination to caste system, - rigidity and small system variability. a) Positioning system (= contract based system) description, its advantages and disadvantages: - The candidate is employed at a specific position, even at a higher position, if he/she has the required qualifications according to given legal regulations (qualification of the candidates, regardless of whether the candidate worked in private or public practice) - Employees move to higher positions according to their merits, not automatically by law - The seniority principle does not apply here. The following aspects can be listed among the key advantages of a positioning system: - its dynamism, - flexibility when recruiting employees and - filling job vacancies, - management of rewards based on merits and - lower financial costs. The following aspects can be listed among the key disadvantages: - There are almost no compensatory measures, - The remuneration policy is predetermined by the impossibility of changing the job position, the list of posts and their description of the activities. - Low stability and higher interdependence with the political environment. (Skulová et al. 2014) 76 Assignment On the basis of the information on the two most used career systems of public administration, the students compare these two systems and their analysis. Subsequently, they have to find out the countries both systems are used in. Finally, a final report has to be prepared, which is presented at the end of the lesson. The students will also try to find out what other career systems (public administration) or their combinations are used. Literature Sources used for the purpose of the seminar Act No. 234/2014 Coll., on the Civil service. Juristic správní právo, 2004. Veřejná služba a systémy veřejné služby [online]. [cited 2017- 12-04]. Available from: http://spravni.juristic.cz/514416/clanek/spravni2.html SKULOVÁ, P. et al., 2014. Základy správní vědy. 2nd rev. ext. ed. Brno: Masarykova univerzita. ISBN 978-80-210-7335-7. (pp. 121-128) 77 3.6 Description of individual types of municipalities taking a particular municipality as an example and definition of its characteristics and their projection into the municipality structure and personnel Key words municipality, village, small town, town, statutory city, municipalities of I., II. or III. type, municipality authorities The goals of the chapter The objective of the chapter is to be able to distinguish between the basic types of municipalities by its character and the extent of the administration. Learning outcomes  36.1 use general terms concerning state and public administration  36.2 explain and precisely define the structure of public administration in the CR Example, model task Example of organizational structure and organizational chart of a municipality with no more than 200 inhabitants The most suitable model for the smallest municipalities is most probably a liner organizational structure. Among the positives of this model used especially in the case of a limited number of employees of an organization is a strictly defined controlling relationship. If there are any other teams established in the municipality, the liner organizational structure is completed with so-called “matrices”, i.e. committees, working groups etc. After fulfillment of the task, the teams can be dissolved flexibly. However, even this solution is not without problems. The main negative is the fact that the members of the team are external workers not eligible for financial compensation, which can result in lower quality of their work (this is not a 78 rule, as it also depends on the motivation to fulfill the task or there may be other than financial compensation etc.) Figure 2: Organisational chart of local authority Source: Asociace regionalistů, z. s. 2011. Legend: starosta – mayor, místostarosta – deputy mayor, účetní – accountant, technický personál (veřejná zeleň, úklid obce) – technical staff (green areas, cleaning), účelově vytvořený tým – purpose-built team Figure 3: Organisational chart of municipality Source: Asociace regionalistů, z. s. 2011. Legend: starosta – mayor, místostarosta – deputy mayor, účetní – accountant, technický personál (veřejná zeleň, úklid obce) – technical staff (green areas, cleaning), účelově vytvořený tým – purpose-built team, zastupitelstvo obce – authorities, finanční výbor – financial committee, kontrolní výbor – control committee Assignment Students shall describe the existing organisational structure of the municipality and its organizations with a focus on the organizational measures to ensure the development of the municipality, on the persons and way of ensuring achieving the program The goals of the chapter and its connection to the organisational structure of the municipality as such. Tasks to be carried out:  Description of work positions (job description and job requirements), 79  Hierarchical organization: relation between the individual departments (divisions, departments), controlling relationship,  processes: functional links between the individual parts. Literature Compulsory literature SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 44-45) Sources used for the purpose of the seminar Asociace regionalistů, z. s., 2011. Rozvoj obcí: vzory organizačních schémat [online]. Portál na podporu rozvoje obcí ČR. Last amendment 19. 12. 2011 [cit. 2017-12-04]. Available from: http://www.rozvojobci.cz/news/prilohy-k-manualu-pro-rizeni-rozvoje-obci 80 3.7 Analysis of individual legal forms of organizations the municipality establishes to fulfil its functions. Specification of individual organizations and tools the municipality uses for mutual cooperation in the field of independent competences - on the example of particular municipalities. Analysis of requirements for generally binding decrees in municipality Key words Citizens association, public-interest entity, foundations and foundation funding, association of legal entities, political parties, churches, trading companies The goals of the chapter The objective of the chapter is to be able to identify other partners in the municipality, to characterize them and to be able to explain how they are established and what their purpose is. Learning outcomes  36.1 use general terms concerning state and public administration  36.2 explain and precisely define the structure of public administration in the CR  36.8 define, suggest and choose a lucrative financial source of financing public administration Example, model task Analysis of organisations active in ensuring services for the municipality. A. Tick the legal form of the organization: Legal form: o Church organisation, o International organisations and associations, o foundation, 81 o foundation funding, o citizens association, o public-interest entity, o organisational body of association, o association of legal entities o address of non-profit organisation or its branch B. Choose one of the following activities or tick “other“ and complete: o Ecology o Culture and arts o International activities o religion o protection of rights and defence of interests o organizing activities o development of municipality and housing o social services o sport and recreation o leisure time activities of children and young people o education and research o health o Others:……………………………… . A) Describe in detail the activities of the organization, what you can offer to the customers etc. B) Describe the target group in detail: o Children under 18 o Young people under 26 o Risk groups of children and young people o Senior citizens o Disabled persons o Persons in social need o ethnic minorities o Roma community o Persons at risk of drugs or addicted to drugs o refugees, foreigners o compatriots o rural residents 82 o public o Other:………………………… Assignment - Carry out an analysis of the organisations that provide and ensure services and activities in the municipality: use the form attached. - On web pages, student looks up information about all organizations that participate in the development of the municipality, and - Finds out their legal personality; - Finds out whether they have the web pages - Finds out what kind of activities they focus on; describes such activities, looks up the information about the projects that have been supported. - Describes in detail what target group these activities focus on. Literature Compulsory literature SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 46) Sources used for the purpose of the seminar Asociace regionalistů, z. s., 2010. Neziskové organizace v rozvoji obcí [online]. Portál na podporu rozvoje obcí ČR. Last amendment on 11 October, 2010 [cit. 4 December, 2017]. Available from: http://www.rozvojobci.cz/news/neziskove-organizace-v-rozvoji-obci1/ Asociace regionalistů, z. s., 2011. Přílohy k manuálu pro řízení rozvoje obcí [online]. Portál na podporu rozvoje obcí ČR. Last amendment on 19 December, 2011 [cit. 4 December, 2017]. Available from: http://www.rozvojobci.cz/news/prilohy-k-manualu-pro- rizeni-rozvoje-obci/ 83 3.8 Analysis of relations between municipality selfgovernment and regional self-government Key words Municipality, region, independent competency, delegated competency The goals of the chapter The objective of this chapter is the specification of the mutual relations between municipalities and regions. This includes cooperation, management, local authorities finance, supervising and control of delegated competency, court relations and authorizing and decision-making powers in relation to municipalities. Learning outcomes  36.1 use general terms concerning state and public administration  36.2 explain and precisely define the structure of public administration in the CR  36.3 precisely define and describe relations between individual levels of state administration in the CR  36.6 compare individual models of state administration in the CR and European countries Example, model task Questionnaire to obtain information about mutual relations of municipalities and region 1. Basic information Name of the municipality: Region where the municipality is situated: 2. Communication How often do you communicate with the region (on average)? - Daily - Quarterly - Weekly - Six-monthly - Monthly - Yearly 84 What is the most frequent form of the communication? - written - By phone - Electronic - Personal 3. Municipality regulations (the regulations are not generally binding ordinance! The regulations are issued in delegated competency on the basis of legal authority) Has there been any regulation in your municipality? - Yes - No If yes, has there been any suspension of regulation from the side of the Regional authority? Fill in only if you answered Yes to the previous question. - Yes - No 4. Court relations – administrative decisions Have you encountered the situation when Regional authority annulled any decision of the municipality? * - Yes - No If Yes, what did the decision concern? Briefly describe:... 5. Management and finance of the municipality Who is responsible for control (audit) of finance in your municipality? * - Regional authority (Regional authority auditors) - Private audit firm / auditor Why is the audit carried out this way? * Choose the most important reason. It is: - Financially advantageous - Of better quality - Easier in terms of organization - other: Which funding do you receive from the Regional authority? * - from aid schemes - loans - donations 85 - no funding Do you cooperate with the Regional authority / Region on drawing from EU funds? * - Yes - No Does the Regional authority inform you on the current possibilities of drawing from EU funds? e.g. types of existing or available programmes, how to ask for subsidies, seminars organized by the Regional authority etc. - Yes - No 6. Methodological assistance How is methodological assistance by the Regional authority organized in your municipality?* - By asking – using questions and answers - By sending general information - Using web pages – the Regional authority only posts the information and the municipality has to look it up - Others: How often do you ask the Regional authority for methodological assistance (on average)? * - Daily - Quarterly - Weekly - Six-monthly - Monthly - Yearly 7. Cooperation Have you cooperated on a joint project with the Regional authority?* - Yes - No 8. Other forms of cooperation Do you cooperate with the Regional authority in a way other than mentioned above? * - Yes - No If yes, how? Describe:... 9. Quality of mutual relations Do you see the mutual relationship and cooperation with the Regional authority as: * - Excellent - Satisfactory - Good - Unsatisfactory 86 How would you improve the relations? Briefly describe:... Assignment Identify the mutual relations of municipalities and region using the questionnaire enclosed. The student addresses the municipality and its citizens using the questionnaire. The student finds out the basic information about the municipality: its economic structure, amenities, infrastructure, and technical infrastructure. The student performs a questionnaire survey and possibly structured interview in order to obtain additional information. The student performs analysis and evaluation of the information obtained and elaborates the final report. Literature Sources used for the purpose of the seminar Act No. 128/2000 Coll., on Municipalities, as amended. Act No. 129/2000 Coll., on Regions, as amended. Act No. 250/2000 Coll., on Budgetary Rules of Territorial Budgets, as amended. Act No. 183/2006 Coll., on Spatial Planning and Building Rules, as amended. Act No. 185/2001 Coll., on Waste, as amended. 87 3.9 Analysing regional authorities; i.e. which authorities are optional; the example of individual regions shows a complex organizational structure of the region; analysing information from the record of talks of regional municipalities Key words Regional bodies, optional decisions, organizational structure of region, regional government The goals of the chapter Using practical examples, students will learn about regional bodies, their establishment, election and approval process, organizational structure of the region, functions and principles of meeting of the regional government including the course of the meeting and minutes. Learning outcomes  36.1 use general terms concerning state and public administration  36.2 explain and precisely define the structure of public administration in the CR  36.3 precisely define and describe relations between individual levels of state administration in the CR Example, model task Regions are higher administrative self-governing units, whose functioning is governed by the Act No. 29/2000 Coll. on Regions. They are referred to as a middle-sized part of a public administrative. The Czech Republic is divided into 14 regions including the City of Prague. Regional authority performs tasks assigned by Regional Council or government and assists in the activities of departments and committees. The head of the office is a director. The 88 office is usually divided into departments and divisions. The government can establish councils as initiation and advisory bodies. Financial council, controlling council and council for education and employment are always established. Regional council can establish committees as its advisory and initiative bodies. Minutes of the 4th meeting of the regional government Meeting: 4 Place: meeting room of the Regional authority Date and time: 15 June, 2017, from 9:00 to 13:00 1. Opening Present: 60 members of regional government Director of the Regional authority 16 heads of the departments of the Regional authority (or their deputies) Press agent Head of the marketing department and the department of strategic management of the division office of the regional council president 1 senator of the Senate of the Parliament of the Czech Republic Representatives of the companies Agentura pro regionální rozvoj, a.s., Letiště Ostrava, a.s., as well as representatives of the Regional council of cohesion region Moravia-Silesia, Hasičský záchranný sbor (Fire brigade) of the Moravian-Silesian region and Zdravotnická záchranná služba (Ambulance service) of the Moravian-Silesian region 1 guest Excused from the meeting: Ing. Radka Krištofová RSDr. Karel Kuboš Ing. Evžen Tošenovský Marian Bojko Tomáš Hanzel The 4th meeting of the regional government was opened by the president of the regional council. Prof. Ing. Ivo Vondrák, CSc. welcomed all the persons present at the meeting, announcing there were 57 out of 65 members of the regional government present (absolute 89 majority), that is, there is quorum at the meeting. He announced that by the beginning of the meeting, other 4 members of the regional government had excused themselves from the meeting. The president of the regional council, prof. Ing. Ivo Vondrák, CSc., said that the minutes from the 4th meeting will be drawn up by the workers of the legal (PRÁVNÍ) and organizational (ORGANIZAČNÍ) department of the Regional authority, Bc. Daniela Bártová and Mrs. Žaneta Karbulová. He also stated that there will be live entry from the meeting on the Regional authority pages. 2. Organisational matters Material No. 2/1 Verification of the minutes from the previous regional government meeting Without an introduction Verifiers of the minutes from the 3rd meeting (16 March, 2017) were Ing. Jitka Hanusová and Mgr. Josef Alexander Matera. Both verifiers confirmed that they had read the minutes and agree with the course of the meeting. Discussion: Ing. Jiří Martinek - excused Tomáš Hanzela from the meeting, Prof. Ing. Ivo Vondrák, CSc. – gave the floor to Mgr. Přepiora, Mgr. Radek Přepiora – made his statement on the revision of the minutes of the March meeting of 16 March, 2017, referring to the Article 43 of the Act No.129/2000 Coll. on Regions. He asked for a revision of the minutes due to the imprecise description of the course of the meeting, specifically agenda item 15, “Discussion“. Moreover, he stated that according to the minutes published on the website, prof. Vondrák remarked that "in this context, the sentence in the Rules of Procedure (It shall be voted on the presentation of a citizen if the statement does not relate to the subject being discussed) is not reasonable”. He also pointed out to the fact that his statements had not been noted in the minutes, Furthermore, he indicated that during the meeting, the Rules of Procedure shall be amended, 90 He stated that according to the video recording of the meeting, the president of the President of the Regional Council called the existing form of the Rules of Procedure a “safeguard mechanism and prevention” (end of quote) to citizens in a completely free dialogue and pointed out he had no problem with Mgr. Přepiora taking the floor. He also noted that in the minutes there is not a statement of a member of the government, Róbert Masarovič, MSc., that after the President´s speech addressed Mgr. Volný. Furthermore, he said he believes, that not to record at least brief note on the statement of a member of the government made in the discussion defies the rules of recording the course of the meeting according to the above mentioned Act on Regions. He announced that on the web page necipujtenas.cz was published a more detailed description of the March meeting to the point No. 15 “Discussion” and he referred to this document that was sent to the present members of the government via e-mail. He also stated that in the meeting, there have been left out a number of important statements made by the participants of the discussion that are important for a precise recording of the course of the meeting, which is a key factor for the citizens – voters, who observe how the politicians perform their pre-election statements in practice. He added that nowadays there are IT systems for a word-for-word transcription of spoken word used e.g. by the judiciary. He therefore recommended thinking about a more reasonable investment that would help the citizens and facilitated the difficult work of the registrar, and asked for completion of the existing minutes. After prof. Ing. Ivo Vondrák´s, CSc. Invitation, Mgr. Přepiora did not suggest any specific required amendments of the minutes. Vote on the motion of the resolution: For: 56, Against: 1, Abstentions: 1. Resolution no. 4/219 was adopted Material No. 2/2 Election of verifiers of the meeting minutes Without an introduction Verifiers of the 4th meeting of the regional government were suggested as follows: Ing. Zdeněk Husťák Martin Schwarz Vote on the motion of the resolution – For: 57, Against: 0, Abstentions: 1 91 Resolution No. 4/220 (vote no. 2 – see text in Attachment 2) was accepted. Material No. 2/3 Election of Committee for proposals Without an introduction Proposal for members of the Committee for proposals: Ing. Vít Slováček - chairman Ing. Patrik Bocek Ing. Miroslav Hajdušík Mgr. Kateřina Chybidziurová Tomáš Miczka Mgr. Martina Nováková, DiS. The secretary of the Committee for proposals will be JUDr. Petr Pospíšil, Ph.D., LL.M., head of the legal and organizational division of the Regional Authority. Vote on the motion of the resolution – For: 58, Against: 0, Abstentions: 0. Resolution No. 4/221 (vote No. 3 – see text in Attachment 2) was accepted. Material No. 2/4 Approval of the Agenda of the meeting Prof. Ing. Ivo Vondrák, CSc. informed that the regional council puts forward the “Draft agenda of the 4th meeting of the regional government” whose hard copy the members of the government have received today and that contains all points suggested by the Regional council to be included in the Agenda to date, i.e. 15 June, 2017. Prof. Vondrák pointed out the changes in the Rules of the Procedure that enable every citizen to freely express their opinion. This change is described / proposed in the material No. 4/7 and after approval, it will be implicitly included in the Agenda between 11:00 and 11:30 a.m. as “Enquiries, comments and suggestions of the citizens He recommended taking the material No. 9/32 “Bolt Event” - Meeting of representatives of the Moravian-Silesian region with the delegation from the United Arab Emirates - off due to non-participation the members of the royal Emirates family. Mgr. Lubomír Veselý suggested observing a one-minute silence in memory of the victims of the terrorist attacks in London, Saint Petersburg, Stockholm, Manchester and London. 92 Ing. Jakub Unucka, MBA – suggested including new material 6 / 11 Information on the progress of construction of Prodloužená Rudná. JUDr. Josef Babka – asked not to vote on including 6 / 11 material, as all the representatives of the political political clubs had already agreed on it. prof. Ing. Ivo Vondrák, CSc. – called to vote on: proposal for completing the Agenda with the 6 / 11 point. The proposal was approved (For: 54, Against: 0, Abstentions: 3; see text in Attachment 2), proposal for observing a one-minute silence in memory of the victims of the Muslim terror. The proposal was approved (For: 55, Against: 0, Abstentions: 2; vote No. 5 – see text in Attachment 2) prof. Ing. Ivo Vondrák, CSc. – called to vote on: proposal of the program of the 4th meeting of the regional government supplemented by two notes and two above-mentioned points (“Proposal for observing a one-minute silence in memory of the Muslim terror” and “Information on the progress of construction of Prodloužená Rudná”). Vote on the motion of the resolution – For: 59, Against: 0, Abstentions: 0. Resolution No. 4/222 (Vote no. 6 – see text in Attachment 2) was approved. Prof. Ing. Ivo Vondrák, CSc. – invited to observe a one-minute silence. 3. Materials with the participation of the invited persons 4. Department of strategic development of the region, foreign relations and security (department of President of the Regional Council prof. Ing. Ivo Vondrák, CSc.) 5. Department of culture and heritage preservation (department of the First deputy President, Mgr. et Mgr. Lukáš Curyl) 6. Department of Smart region, Transport and Road Economy (department of the deputy President, Ing. Jakub Unucka, MBA) 7. Department of Finance, Investment and Property (department of the deputy President, Ing. Jaroslav Kania) 8. Department of Regional Development and Tourism, European funds and operational programmes (department of the deputy President, Mr. Jan Krkoška) 9. Department of Environment and Agriculture (department of the deputy President, Mrs. Jarmila Uvírová) 93 10. Department of Education and Sport (department of the deputy President, Mgr. Stanislav Folwarczne) 11. Department of Social care (department of the deputy President, Mr. Jiří Navrátil) 12. Materials of the committees of the regional government 13. Other materials 14. Discussion 15. Report of the Committee for proposals 16. Closing President of the Regional Council, prof. Ing. Ivo Vondrák, CSc. Officially closed the meeting and announced that he hopes to have good news regarding Prodloužená Rudná at the next meeting. He thanked all persons present for their constructive participation in the meeting and wished them all nice summer. Attachments: Approved Agenda of the 4th meeting of the regional government Overview of all votes List of resolutions No. 4/219-4/381 Attendance sheets Notice of conflict of interests made by members of the regional government: Mrs.Květa Kubíčková - material No. 4/8, Ing. Vít Slováček - material No. 4/10, 7/16, 7/17, Mr. Jan Krkoška – material No. 5/1. Recorded by: Bc. Daniela Bártová Žaneta Karbulová Legal and organizational department of the Regional Authority In Ostrava, on 26 June, 2017 The minutes including the attachments were verified by: Ing. Zdeněk Husťák Martin Schwarz prof. Ing. Ivo Vondrák, CSc. President of the Regional Council 94 Assignment - Student shall examine enclosed Agenda of the meeting from the Moravian-Silesian region, - identifies the essential information, - seek the Agenda of a meeting from their home region, - identifies 5 up-to-date matters being addressed in the region, - finds out the organizational structure of the region, - finds out about a number of employees of the Regional Authority. Literature Compulsory literature SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 37-41) Sources used for the purpose of the seminar Moravskoslezský kraj, 2017. Zápis ze zasedání kraje [online]. [cit. 14 December, 2017]. Available from: http://www.necipujtenas.cz/Files/necipujtenas/zmsk-15-6-2017-4.pdf 95 3.10 Comparing regional financing with municipality financing; analysing incomes and expenditures from a budget of the selected region Key words Funding for regions, funding for municipalities, balanced and deficit budgets The goals of the chapter Student will learn the basic principles and function of regional and municipal budgets, their structure and the process of their creation and control. Learning outcomes  36.6 compare individual models of state administration in the CR and European countries  36.8 define, suggest and choose a lucrative financial source of financing public administration  36.12 explain principles of drawing up municipal and regional budgets Example, model task The basic principles of municipalities´ management are laid down in Sections 38-45 of the Act on Municipalities and Act No. 205/2000 on Budgetary Rules of Territorial Budgets. Like the Act on Municipalities, the Act on Region also gives special attention to individual competency in municipalities´ management in its Provisions, specifically in Sections 17 – 23 of the Act on Regions. Ministry of Finance of the Czech Republic issues a Report on the development of budget outturn of municipalities, voluntary associations of municipalities, regions and Regional councils of cohesion regions as of 31 October, 2017. Extract from Budgetary analysis of management of territorial budgets Issued on 28 November, 2017 14:45 96 By the end of October 2017, municipalities, voluntary associations of municipalities, regions and regional councils of cohesion regions (hereinafter referred to as “regional councils“) showed total consolidated revenues of 381.8 bn CZK and total consolidated expenditures of 344.5 bn CZK, which means a surplus of budgetary management of 37.3 bn CZK. Compared to the same period of the previous year, the revenues of territorial budgets were 18.2 bn CZK higher, while the expenditures were 33.6 bn CZK higher, the final surplus being 15.4 bn CZK lower than in October 2016. Own revenues of the territorial budgets reached 252.2 bn CZK. Compared to October 2016, those were 16.7 bn CZK higher. The increase in own revenues was achieved exclusively by tax revenues. Their total volume was 218.9 bn CZK, that is 17.6 bn CZ more than the previous year (the Amendment to the Act on Budgetary determination of Taxes which took effect on 1 January, 2017 contributed to the growth, as it meant municipalities´ increase of share on VAT revenues to 21.4 %, while in the previous years, it was 20.83 %). Non-tax and capital revenues were lower compared to October 2016, non-tax revenues being 27.9 bn CZK (i.e. 0.1 bn CZK lower) and capital revenues being 5.4 bn CZK (i.e. 0.8 bn CZK lower). Transfers received by territorial budgets were in total 129.5 bn CZK. Compared to the previous year, it was 1.4 bn CZK more. However, the increase was only in non-investment transfers, that were 120.4 bn CZK (11,7 bn CZK more than in October 2016). The increase was mainly due to higher transfers of funds to direct costs of schools established by municipalities and regions. The amount of received investment transfers has been significantly lower since the beginning of the year than in the comparable periods of the previous year. In October 2017, it was 9.1 bn CZK, that is, 10,3 bn CZK less than in October 2016. This is especially due to high basis of comparison in the first half of the previous year, when the territorial budgets received relatively higher amount of investment transfers intended to fund the last projects within the operational programmes of the programming period 2007 – 2013. The preparation and implementation of investment projects in the new programming period 2014 – 2020 is significantly slower. The new programming period is based on a completely new structure of the programmes. For meeting the increased demands in the region, Integrated regional operational programme (IROP) is intended, which is linked to the seven 97 regional operational programmes from the previous period. The IROP managing authority is the Ministry for Regional Development. The amount of funds in bank accounts of the territorial budgets was in total 183.0 bn CZK, which is 26.5 bn CZK more than in the previous year. I. Regions The regions showed total revenues of 148.5 bn CZK and expenditures of 137.3 bn CZK. Compared to the previous year, the revenues were 8.5 and expenditures 10.1 bn CZK higher. The surplus (11.2 bn CZK) was therefore 1.6 bn CZK lower. Own revenues of regions were 55.0 bn CZK. Compared to the same period of the previous year, there was an increase by 3. bn CZK. The increase, however, was only in tax revenues (51.9 bn CZK, i.e. 4.6 bn CZK higher). An increase was recorded mainly in VAT (increase by 3.0 bn CZK). On the contrary, non-tax revenues were 0.7 and capital revenues 0.3 bn CZK lower. The total amount of transfers received was 93.5 bn CZK. Compared to the same period of the previous year, it was 5.0 bn CZK more. Non-investment transfers were 89.2 bn CZK (a year-on-year increase by 8.0 bn CZK). The decisive part consists of transfers from the Ministry of Education, Youth and Sports budget intended for direct costs of schools established by regions and municipalities. These were five advances of 78.7 bn CZK (5.8 bn CZK more than in September 2016) intended to regional education for the period of 10 months, and three quarterly advances of 3.8 bn CZK (0.4 bn CZK more). The year-on-year reflects the increase of salaries for pedagogical and non-pedagogical staff as of 1 September 2016 and partly also increase in non-pedagogical staff salaries from 1 July 2017. The received investment transfers were 4.3 bn CZK, that is, 3.0 bn CZK less than in the same period of the previous year. Expenditures of regions were 137.3 bn CZK. Compared to October 2016, it was 10.1 bn CZK. The increase was mainly in current expenditures at the total amount of 125.8 bn CZK (8.7 bn CZK more). The increase in current expenditures was in non-investment transfers that the regions provide to their own as well as outside public authorities (in total 7.1 bn CZK). Captial revenues were 11.5 bn CZK, that is, 1.4 bn CZK higher. 98 The amount of funds in bank accounts of the regions was 32.7 bn CZK at the end of October 20107 (8.1 bn CZK more than in the same period of the previous year. II. Municipalities Municipalities showed total revenues of 235.7 bn CZK and total expenditures of 210.3 bn CZK, the surplus being 25.4 bn CZK. Compared to the same period of the previous year, the revenues were 12.5 and expenditures 25.5 bn CZK. The balance thus decreased by 13.0 bn CZK. Own revenues of municipalities were 196.2 bn CZK. Compared to October 2016, there was an increase by 13.0 bn CZK. The increase was especially in tax revenues that reached 167.0 bn CZK, which was 13.1 bn CZK more (8.4 bn CZK being the increase in VAT). Non-tax revenues were 24.1 bn CZK (increase by 0.4 bn CZK) and capital revenues were 5.1 bn CZK (decrease by 0.5 bn CZK). Transfers received to the municipalities´ budgets were in total 39.3 bn CZK, which was 0.5 bn CZK less than in the comparative period. Non-investment transfers were 33.6 bn CZK (increase by 4.1 bn CZK), investment transfers reached the amount of 5.9 bn CZK (4.6 bn CZK decrease). Current expenditures of municipalities were 165.0 bn CZK. Compared to October 2016, there was an increase by 14.1 bn CZK. As in the case of regions, there was mostly increase in non-investment transfers to public-benefit corporations (in total, there was an increase by 5.0 bn CZK). Moreover, there was an increase in expenditures on purchase of services by 3.8 bn CZK and expenditures on salaries and the related insurance fee (increase by 2.0 bn CZK). There was also an increase in a part of capital revenues, their amount reaching 45.3 bn CZK (increase by 11.4 bn CZK). The amount of funds in bank accounts of the municipalities was 148.1 bn CZK at the end of October. Compared to the same period of the previous year, it was an increase by 18.7 bn CZK. III. Voluntary association of municipalities VAM managed the revenues of CZK 2.6 bn and expenditures of CZK 2.0 bn. The revenues were the same as in October 2016, while the expenditures rose by CZK 0.3 bn. 99 South Bohemian region will manage deficit budget in the coming year The budget of the South Bohemian region for the year 2018 WILL COVER with the total revenues of CZK 15.2 bn and expenditures of CZK 16.6 bn. The budget was approved on Thursday by regional government. There were 50 members present who voted as follows: For: 34, Against: 0, Abstentions: 16. Meeting of the South Bohemian region government 15 December 2017 - 07:30 Radek Šíma, spokesperson of the South Bohemian region, informed Jihoceskenovinky.cz on the approval of the budget, adding that 5 members were not present. The difference between the suggested expenditures and revenues results in the deficit of CZK 1.4 bn. “As good managers, we cover the deficit form our sources, specifically from the financial reserves of the previous years,” stated the deputy President for finance, Jaromír Novák. Among the main priorities of the South Bohemian region draft budget for the year 2018 are:  Starting implementation of individual projects within the current programming period 2014 - 2020 with the active use of funds from previous years deposited in the account of the Fund of reserve and development of the South Bohemian region, for the pre-financing of these projects,  Financial provision of the highest investment possible using the own sources of the region received in the current budget period,  Correcting the financial effects of the previous government decisions to increase the salaries of workers in public service and administration solely from the own sources of the region*maintaining austerity measures in other areas of current expenditures,  Caution in predicting the revenue from shared taxes in the South Bohemian region,  Eliminating the need for borrowing both in 2018 and the following years 2019 and 2020 as a tool to comply with the rules of budget responsibility ČD (Czech Railways) finished with Šumava local trains. The region will save 300 millions “The year 2018 will be crucial for the development of the South Bohemian region, as we will have a possibility to draw a large amount of subsidies. This necessarily implies co- 100 financing, so the budget for the next year is expected to have a deficit of 1.4 bn CZK,”said President of the Regional Council, Iva Stráská. “Neither in the budget nor in the budgetary outlook for the year 2020 we expect that the region will take a loan,” she added, saying that the region is planning large investments of more than 4.5 bn CZK that will be mostly financed from European funds.” “The budget approved is a result of a compromise and I understand the opposition´s view that the investment in such a large amount will be difficult to implement. However, we will do our best to fulfil it to the greatest possible extent,” said Stráská. From its own funds, the region will invest about 2 bn CZK in 2018. For example, 260 million will be invested in the modernization of České Budějovice Airport and about 170 million will be allocated to České Budějovice hospital as a payment for the premises the region wants to gain by 2021. More money will be received from the projects of the European Union. For example, the education offer the amount of 980 million, another amount of nearly 600 million is in the transport, 566 million will be invested in the health care. “The South Bohemian region has reimbursed the last payment of the loan that was more than 1 bn CZK, which means that since 2018, it will manage without debt, “concluded the head of th economic department of the region, Ladislav Staněk. Assignment 1. Student looks up and examines the budget of the South Bohemian region on the Internet. 2. Student will look up information on another regional budget and examines it. 3. Student will compare the two regional budgets 4. Student prepares a presentation on a chosen topic. Literature Compulsory literature SVOBODA, F. et al., 2017. Ekonomika veřejného sektoru. Prague: Ekopress. ISBN 978- 80-8786-535-4. (pp. 46-47) 101 Sources used for the purpose of the seminar Ministerstvo financí ČR, 2017. Propočet dopadů zákona č. 260/2017 Sb. do rozpočtů obcí v roce 2018 [online]. http://www.mfcr.cz. Last amendment 11 December, 2017 [cit. 2017- 12-04]. Available from: http://www.mfcr.cz/cs/verejny-sektor/uzemni-rozpocty/prijmy- kraju-a-obci/zakladni-informace/2017/propocet-dopadu-zakona-c-260-2017-sb-do-29465 102 3.11 Description of cohesion region functions, analysis of links, cohesion region relations to regions. Analysis of information on cohesion region web, analysis of subsidies the cohesion regions work with Key words Cohesion region, function of cohesion region, subsidy areas The goals of the chapter Students know the essence and function of cohesion region, understand the relations and links in the region and understands the structure of subsidies used by the cohesion region in its activities. Learning outcomes  36.1 use general terms concerning state and public administration  36.2 explain and precisely define the structure of public administration in the CR  36.3 precisely define and describe relations between individual levels of state administration in the CR  36.8 define, suggest and choose a lucrative financial source of financing public administration Example, model task Web pages of Ministry of Trade and Industry of the Czech Republic For the purposes of the regional policy, the European Union uses a system of regions NUTS. Each member state is divided up into three levels of these statistical units (by the number of inhabitants). For the absorption of the EU funds, the region at the level of NUTS II is used most. For this reason, so-called cohesion regions have been created in the Czech Republic. Each member state has undergone an individual development of a territorial and administrative division respecting the natural needs of the state administration and the 103 population. For this reason, there are 27 different systems of administrative division, which limits the possibilities of mutual statistical and economic comparison of regions for economic and social cohesion policy (HSS/ ESC). In 1988, for statistical monitoring and analysing economic and social situations in the region, Nomenclature of Territorial Units for Statistics (NUTS) was introduced. On its basis, three main levels of regional territorial division are defined: NUTS I, NUTS II, NUTS III. Table 2: NUTS classification – number of inhabitants Level Recommended minimum number of inhabitants Recommended maximum number of inhabitants NUTS I 3,000,000 7,000,000 NUTS II 800,000 3,000,000 NUTS III 150,000 800,000 The Czech Republic was in the past traditionally divided into the regions corresponding to the NUTS III level. However, due to its accession to the European Union, another classification degree has had to be introduced corresponding to the NUTS II level – cohesion regions. It is the NUTS II level where the support from the EU funds is focused in Convergence and partly also Regional competitiveness and employment. For the purposes of efficient collection from European funds, in the Czech Republic cohesion regions have been established, consisting of one or more regions. European cohesion policy is directed mainly to territorial units with a population between 800,000 and 3,000,000. Since Czech regions mostly do not have this population, Northwest, Northeast, Southeast, Southwest, Central Bohemia, Central Moravia and MoraviaSilesia cohesion regions were established, where the support is directed within the Convergence objective (i.e. support for less developed regions), and a cohesion region City of Prague. 104 Figure 4: 14 regions and 8 cohesion regions Source: Czech Statistical Office. The map shows a structure of 14 regions (NUTS III) concentrated into 8 cohesion regions (NUTS II) Prague´s economic indicators significantly exceed other parts of the Czech Republic. It therefore does not meet the criteria for receiving the funds from the financially most important objective of the cohesion policy Convergence that is intended to transform economically less developed regions and states of the EU into more efficient ones, and to converge the levels of development of different parts of the EU. Prague as a territory, whose GDP represents more than 75 % of the EU average is entitled to draw from the Regional competitiveness and employment objective. A smaller amount of money flows from the European funds to the capital than to other parts of the Czech Republic, as Prague has considerable economic dynamics and low unemployment rate even without the EU support. Besides the three NUTS levels, there are two lower levels of territorial and administrative statistical classification, which is, however, not determinant for allocating finance from the EU funds. They are so-called local administrative units (LAU). 105 Table 3: Nomenclature of Territorial Units for Statistics Level Region Number of units NUTS I State 1 NUTS II Regional cohesion 8 NUTS III Regions 14 LAU I Districts (formerly NUTS IV) 76 + 15 Prague districts LAU II Municipalities (formerly NUTS V) 6249 Web pages of Regional Operational Programme Southwest Current calls Within the Regional Operational Programme Southwest no calls will be launched. More information on the possibilities of financing within the Integrated regional operational programme can be found on the web pages. Structural funds. http://www.strukturalni- fondy.cz/cs/Fondy-EU/2014-2020/Operacni-programy/Integrovany-regionalni-operacni- rogram. Integrated regional operational programme Integrated regional operation programme (IROP) is linked to seven regional operational programmes and partly to the Integrated operational programme from the programming period 2007–2013. The IROP´s priority is to enable the balanced territorial development, improve infrastructure and public services, public administration and ensure sustainable development in municipalities, towns and regions. Differences compared to 2007–2013 Reduction in the number of programmes, one central programme. Support of territorial and community approaches in social integration over the AMBULANTNÍMI Extended support of social integration – social housing, social business and a shift towards targeting the TEN_T network connection in road infrastructure. Focus Transport in regions, improved public services, public administration 106 Thematic objectives 2. Development of using information and communication technologies (PO 3) 4. Reducing the energy intensity of economy (PO 2) 5. Limitation the risk of natural disasters, floods and ecological burden (PO 1) 6. Environmental protection and use of natural resources (PO 3) 7. Modernization of transport infrastructure and ecological / eco-friendly transport (PO 1) 9. Well-functioning social system and fight against poverty (PO 2, PO 4) 10. Improvement of education system (PO 2) 11. Quality, efficient and transparent public administration and institutions (PO 3) Supported areas Priority axis 1: Competitive, accessible and safe regions Priority axis 2: Improving public services and living conditions of inhabitants of the region Priority axis 3: Good territorial administration and streamlining of public institutions Priority axis 4: Community-led development Priority axis 5: Technical assistance List of approved projects:  List of approved projects - 27th call (OP 2.4, approved by VRR on 18 April, 2014)  List of approved projects - 28th call (OP 1.1, approved by VRR on 18 April, 2014)  List of approved projects - 29th call (OP 3.1, approved by VRR on 18 April, 2014)  List of approved projects - 30th call (OP 1.1, approved by VRR on 30 July, 2014)  List of approved projects - 31st call (OP 1.5, approved by VRR on 30 July, 2014)  List of approved projects - 32nd call (OP 2.1, approved by VRR on 18 April, 2014)  List of approved projects - 33rd call (OP 1.1, approved by VRR on 14 November, 2014)  List of approved projects - 34th call (OP 2.4, approved by VRR on 14 November, 2014)  List of approved projects - 35th call (OP 1.5, approved by VRR on 04 May, 2015) Approved calls will be open and evaluated. 107 Assignment 1. On web pages Structural-funds, students will look up information on: - operational programmes 2014 - 2020, - operational programmes 2007-2013, - European authorities funds 2. Students choose one of the 8 ROPs, find its web pages and finds out about: - Approved project from the previous period - Current open calls (IROP today) - Members of regional council 3. Students prepare presentation on the issue Literature Compulsory literature KRBOVÁ, J., 2017. Strategické plánování ve veřejné správě. Prague: Wolters Kluwer. ISBN 978-80-7552-587-1. (pp. 74-77) Sources used for the purpose of the seminar Strukturální fondy, ne Informace o čerpání. [online]. Last amendment 19 December,. 2011 [cit. 2017-12-04]. Available from http://www.strukturalni-fondy.cz Asociace regionalistů, z. s., 2011. Rozvoj obcí: vzory organizačních schémat [online]. Portál na podporu rozvoje obcí ČR. Last amendment 19 December, 2011 [cit. 2017-12-04]. Available from: https://www.rozvojobci.cz/news/prilohy-k-manualu-pro-rizeni-rozvoje- obci/ 108 3.12 Analysis of selected benchmarking studies published by international institutions; specification the role of international organizations in the global governance Key words internal benchmarking, external benchmarking The goals of the chapter The objective is to be able to identify other partners in the municipality, to characterize them and to be able to define their establishment and purpose. Learning outcomes  36.5 know seminal documents of key departments  36.7 explain international relations and connections to the EU and other international organizations Example, model task Benchmarking is used by a number of municipalities, regions, districts, schools, hospitals, central offices etc. Benchmarking is also used for comparing the results of “European common indicators of sustainable development” or the results achieved by individual municipalities and regions in “Local Agenda 21 criteria”. In the following overview, there are basic indicators of ECI (European Common Indicators) used for assessment of sustainable development at the local level. The set of ECI (European Common Indicators) consists of 10 indicators (mostly environmental). They are: 1. Satisfaction of inhabitants with local community Questions: Are the inhabitants satisfied with their municipality as a place where they live and work? 109 Are the inhabitants satisfied with the individual components of functioning of the municipality? How do inhabitants evaluate various components of municipality functioning, and which of these components do they see as the most important in terms of quality of their life? Find out: General awareness of the quality of life of inhabitants and their satisfaction with the place where they live as an important sustainability element. 2. Carbon footprint – Local contribution to global climate change Questions: What are the emissions of greenhouse gases corresponding to the given town (carbon footprint)? What is the composition of these emissions? What is the development of these emissions in the last years? To what extent the local authority is able to reduce the greenhouse gases emissions as a local contribution to measures helping against global climatic changes? Find out: To maintain the global growth of temperature between 2 – 1.5 °C compared to preindustrial level, so that the towns do not contribute to increasing the levels of CO2. Any anthropogenic greenhouse gas emissions after 2050 should be compensated for by carbon capture and storage. The fulfilment of this commitment will not be possible without active approach of the towns and their representatives. 3. Mobility and local transport of passengers Questions: What is the level of mobility of passengers in the town? Do the distances the passengers travel lengthen? What kinds of transport do the passengers use for everyday transport? Find out: How do towns promote alternative and more eco-friendly kinds of transport (e.g. mass transport, or cycle transport where possible)? Reduce the demand for individual motorised transport. 110 4. Availability of public space and services Question: What share of inhabitants live close to public space and within reach of basic services? Find out: The availability of public spaces and basic services. How do local authorities in their documents plan to ensure the availability of open spaces and basic services? 5. Local air quality Questions: How many times a year does the local air quality exceeds the limits? Has the local authority developed and implemented a plan for air quality management? Find out: Focus on the mail sources of pollution in urban areas, especially on those related to the combustion processes in transport, heating and industry. How do municipalities tackle the problem of pollution? 6. Children´s journeys to and from school Questions: Is the local community and the system of mass transport safe and functional for small children from their parent´s point of view? What kind of transport is used for transport children to and from school? How important is it to educate children to sustainable lifestyle? Find out: Choice of means of transport for transporting children to and from school, which represents an great share of daily mobility and has a significant influence on the transport congestions and other aspects of sustainability. 7. Unemployment rate Questions: What is the unemployment rate in the municipality and what is its structure in terms of different population groups and length of unemployment? Find out: How do the local authority and locally relevant employment office and private sector participate in reducing unemployment rate? 8. Environmental noise / noise pollution 111 Questions: To what extent are the inhabitants in their homes, public parks and other relatively quiet places exposed to the noise of road, railway and air transport and noise of industrial sources? What is the noise level in the selected parts of municipality? Has the local authority developed and implemented noise action plan? Find out: Identify measures in municipal documents that could include e.g. planning transport, territorial planning, technical measures at the sources of noise, selection of quieter sources, reducing noise transmission and regulatory or economic measures or incentives. The aim is to prevent and reduce the noise pollution where necessary, especially in the places where the ambient noise can affect human health, and to maintain the level of noise where it is favourable. 9. Sustainable use of territory Question: Has the local self-government committed to adopt the strategy of sustainable use of territory by means of targeted development, increased efficiency of suing territory, protection of non-urbanized areas and ecologically important localities and recovery of ZANEDBANÝ and contaminated land? Find out: Using the indicator of built-up / urbanized areas, capture both effective protection of ecologically sensitive localities and recovery and reuse of OPUŠTĚNÉ land. Find out how this issue is addressed in the strategy focused on the reduction of wide spread of towns at the expense of agricultural or natural areas, which would enable less use of areas not classified as “built-up / urbanized area. 10. Ecological footprint On the web pages http://www.ekostopa.cz/mesto/orientacni-vypocet/, a calculation is carried out using “ecological footprint calculator”. Find out: Use the complex indicator of environmental sustainability of town. This indicator includes e.g. electric current, natural gas, petrol, building materials, feedstock, wood, etc. consumed by the inhabitants and institutions residing in the town, and waste produced on the 112 corresponding bioproductive areas. Compare them with the sources the town has at its disposal – its biocapacity. Assignment Students will monitor the abovementioned indicators. They will carry out an investigation at one municipality. The investigation will have a form a questionnaire, obtaining of primary data, especially the Czech Statistical Office and structured interviews with the representatives of the individual departments. Finally, the results obtained will be compared. Thus the condition of the 4th step of benchmarking – comparison - will be met. Literature Compulsory literature KRBOVÁ, J., 2017. Strategické plánování ve veřejné správě. Prague: Wolter Kluwer ČR. ISBN 978-80-7552-587-1. (pp. 108-109) Sources used for the purpose of the seminar Ekologická stopa města, nedat. Orientační výpočet [online]. www.ekostopa.cz [cit. 2017- 12-04]. Available from: http://www.ekostopa.cz/mesto/orientacni-vypocet/ CI2, o.p.s., 2013. Společné evropské indikátory – ECI [online]. http://ci2.co.cz [cit. 2017- 12-04]. Available from: http://ci2.co.cz/cs/spolecne-evropske-indikatory-eci 113 3.13 Description of eGovernment trends in the CR and EU, current objectives and obstacles, analysis of individual key projects of eGovernment: Czech POINT, data boxes, basic registers, etc. Key words eGovernment, Czech POINT, data boxes, basic registers The goals of the chapter Student will learn basic trends of eGovernment in the Czech Republic and EU, understands the current objectives and obstacles in its development, is aware and is able to use key projects of eGovernment, such as Czech POINT, data boxes, basic registers. Learning outcomes  36.9 explain basic elements of modernization and electronization of public administration in the CR  36.11 know and are informed about portals of state and public administration and self-governance and actively apply them in his profession Example, model task Modern information technologies and eGovernment based on them gives a new scope for participation of citizens in public political life of municipalities and regions. Web pages of the public administration bodies are registered by a number of portals a citizen is allowed to use. Mgr. Bohdan Urban is a director of the department of eGovernment of the MI CR, 2014. Basic registers of eGovernment in public administration. (www.szr.cz):  Data boxes (www.mojedatovaschranka.cz).  CzechPOINT (www.czechpoint.cz).  Portal of public administration (http://portal.gov.cz). 114 Obstacles of eGovernment development identified by the EU  Users / citizens tend to expect more from the government services than commercial services,  awareness: 1 out of 5 European citizens is not aware of the existence of eGovernment (especially young people),  finding: not knowing where to find the service on the web pages, or not being able to find the web page,  ability/literacy: it is related to the level of education or e-skills,  frequency: compared to e-banking, eGovernment is not intuitive,  complexity of service: in some cases, the process and requirements complexity scares the users,  distrust in public administration in terms of operation of services,  technical obstacles: e.g. too complicated eID mechanisms,  transparency of service processes: insufficient understanding and insight into the steps required for a complete public administration service,  resilience of administration for improving online environment. Table 5: Model example: Case study Citizen – changing the place of residence for Prague Description of activities of a citizen Computerization situation from the user´s point of view 1. Change of place of residence Paper form , výpis z katastru nemovitostí 1. Identification card – Request for replacement of ID card Dtto, electronic photo, on the spot. 2. Collecting ID Paper form 2. Driving licence – Request for replacement of driving licence Paper form, photo on the spot. 3. Collecting driving licence Paper form 2. Transfer vehicle ownership Paper form 2. Firearms licence – Request for issuing Applicant is sent home – change of place of residence is automatically transferred, the file is requested by the Police of the Czech Republic manually Source: adapted, own processing 115 Assignment Student elaborates a Case study for a selected task. 1. Student chooses one of the basic registers of eGovernment. 2. For the relevant register, the student simulates an example operation they want to perform on the selected register. 3. Student describes their activities at the specific office. 4. Student describes the computerization of the individual operations they ensure. 5. Student performs economic analysis in accordance with the model. 6. Student prepares a presentation on the given issue. Literature Compulsory literature KRBOVÁ, J., 2017. Strategické plánování ve veřejné správě. Prague: Wolter Kluwer ČR. ISBN 978-80-7552-587-1. (pp. 108-109) Sources used for the purpose of the seminar Ministry of Interior of the Czech Republic, Czech Point [online]. http://www.mvcr.cz [cit. 2017-12-04]. Available from: http://www.mvcr.cz/clanek/czech-point-czech-point.aspx