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2017 Następne

Data publikacji: 18.10.2017

Licencja: Żadna

Zawartość numeru

Administracyjne prawo procesowe

Robert Król

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 7-34

https://doi.org/10.4467/24497800RAP.17.002.7053

The Complaint-Filing Right in Administrative Court Proceedings as an Aspect Influencing Decision-Making Eficiency in Public Administration

An overall assessment of the current system of the authorisation to file a complaint have led to the conclusion that a sheer number of regulations and the level of their complexity prevent it from being transparent enough to support eficiency in public administration. An optimal level of knowledge as regards who, when and on what conditions can file a complaint will be helpful in the decision-making applied by public administration oficials. Th erefore, this article aims to provide the readers with a summary of doctrine views and court judgements as well as analysis of the complaint-filing right. It is hoped that this contribution considerably helps improve decision-making eficiency in public administration.
Th e first chapter of the article focuses on one of most popular authorisations to file a complaint, often described as a universal complaint-filing right. The second chapter includes analysis of the authorisation to file a complaint in someone else’s case. Subsections describe complaint-filing authorisation for prosecutors, the Ombudsman, the Children’s Ombudsman and social organisations. Th e third chapter provides a description of the authorisation to file a complaint introduced by local-government acts. Its individual subsections examine the authorisation to file a complaint under local-government resolutions and under the act on the supervision of local-government units. Th e last chapter reviews the complaint-filing right in other lex specialis acts in relation to the Administrative Court Proceedings Act.
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Angelika Kurzawa

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 35-46

https://doi.org/10.4467/24497800RAP.17.003.7054

Resolution of Civil-Law Disputes by Means of the Administrative Decision of the President of the Energy Regulatory Office

The purpose of this article is to present the process of resohdng civil-law disputes by the President of the Energy Regulatory Office by means of an administrative decision under the Energy Law Act. In accordance with the provisions of Article 8(1) of the Energy Law Act, The President of the Energy Regulatory Office is authorised to re-solve disputes referred to in that provision which inherently belong to matters of civil law. Pursuant to Article 2(1) of the Code of Civil Procedurę, civil matters arę heard by common courts of law, except for those delegated to other bodies in special provisions referred to in Article 2(2). An example of such a special provision is Article 8 of the Energy Law Act, which excludes the admissibility of court proceedings in certain disputes to be resolved by the President of the Energy Regulatory Office. Thus, cases of disputes referred to in Article 8 of the Energy Law Act involve on the one hand a strictly civil law dispute and on the other a public authority (central government authority) which is to settle this dispute in a manner appropriate for it using its powers and non-equivalence of entities. Conseąuently, the civil-legal relationship characterised by voluntariness and equivalence of entities is shaped imperatively and unilaterally by a public authority by means of the administrative decision.

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Júlia Ondrová

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 47-59

https://doi.org/10.4467/24497800RAP.17.004.7055

The subject-matter of the article is the identification and analysis of the constitutional foundations of the legal provisions regulating the administrative procedure of public administration bodies in the Slovak Republic and analysis of decisions made by the Slovak Constitutional Court and Supreme Court. The administrative procedure represents an immanent process in which state and public administration bodies make decisions on rights, legitimate interests as well as obligations and duties in the field of state and public administration. The author aims to identify the most important provisions of the Slovak Constitution and to demonstrate their significance for the decision-making activities of domestic public administration bodies and at the same time to find out if the constitutional and legal basis is sufficient enough to make amendments regarding the decision-making processes of Slovak public administration bodies. The author's research hypothesis, resting on an enquiry to identify if the constitutional amendment is satisfactory and acceptable, is followed by an investigation of mutual relations between the current state of our society and its conditions being in a state of its rapid development and the contents of the constitutional amendment. It is argued that the Constitution as the basic piece of legislation must be adopted with accepted text so that potential changes would not entail having to change the Constitution.

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Joanna Smarż

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 60-81

https://doi.org/10.4467/24497800RAP.17.005.7056

Legal Aspects of Lobbying in Decision-Making Processes of Public Administration

The process of decision-making in public administration is multifaceted, with the deci-sion being the result of complex proceedings aimed to settle a case or reach a specific goal. Public administration works in this area mainly in the legał environment, but not only. The decision-making process is determined by social conditions and includes agency of various persons whose conduct and actions lead to certain conseąuences. Due to the different tasks of public administration, its activity is not merely a result of the will of a given body but it can also be initiated by applicants interested in the attainment of defined objectives, including through lobbying. The essence of lobbying is to influence, within the confines of law, decisions of public authorities in a particular direction. In Poland, lobbying is nów an institution regulated by the Act of 7 July 2005 on Lobbying Activity in the Lawmaking Process (OJ No 169, item 1414).
Lobbying is also very common in the European Union, where the phenomenon is not only acceptable, but even desirable.
Lobbying is seen as bringing benefits for both parties consulted. Therefore, at the level of the European Union, certain standards have been determined defining the scope of relations between the Community Institutions
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Anna Tomaka-Magdon

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 82-94

https://doi.org/10.4467/24497800RAP.17.006.7057

Decisions of the Patent Office in the Trademark Protection Granting Procedure

As of 15 April 2016, a major change took place in the Polish trademark registration system concerning the procedure for granting trademark protective right as a result of the amendment of the Industrial Property Rights Act of 30 June 2000. Prior to the amendment, the "examination" system was used, whereby all obstacles to registration, the so-called relative and absolute conditions, were examined ex officio. Under the now binding contrarian system, only absolute conditions are examined. The system limits the role of the Patent Office in the registration process while increasing alertness and necessitating more activity on the part of entities entitled under previously granted rights. The change of the procedure has been simplify in order to shorten the application examination duration as well as adjust domestic legislation to EU law. After the closing of the relevant procedure conducted by an expert, the Patent Office may issue a decision on granting or refusing to grant trademark protection right. The article presents in detail the procedure for obtaining trademark protection right on the basis of the currently applicable amended provisions of the Industrial Property Rights Act, indicating the essence of the changes.
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Mariusz Wieczorek

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 95-108

https://doi.org/10.4467/24497800RAP.17.007.7058

The Recruitment Procedure Applied to Candidates for Uniformed Services

The article deals with regulations concerning the recruitment procedurę which precedes employment of officers of uniformed services. The legislator did not decide to introduce a uniform model of recruitment procedurę for all uniformed services, which is justified given specific tasks performed by particular services. Regardless of the justified differences between recruitment procedurę concerning various uniformed services, a substantial similarity may be shown, namely that all of them arę associated with the right of access to the public service, laid down in Article 60 of the Polish Con-stitution of 2 April 1997. The rationale for such considerations is justified by the signif-icance of the problem, but also by the fact that regulations governing the recruitment procedurę arę marginalised by law scientists. The purpose of the study is to resolve the doubts concerning the legał naturę of the recruitment procedurę and the activities tak-en in its course as well as to assess the provisions governing the recruitment procedurę in the context of the right of access to the public service and the formal guarantees of that right. As a result of the analysis of the relevant provisions, it has been found that the recruitment procedurę for candidates for uniformed sendces is public administra-tion proceedings. Activities undertaken by the entity conducting a particular procedurę arę "other public administration activities" within the meaning of Article 3(2)(4) of the Act on proceedings in administrative courts of 30 August 2002. The activities of the entity conducting the proceedings, such as exclusion of the candidate to take part in the recruitment process, staying of proceedings against a particular candidate and the finał assessment may therefore be the object of a complaint lodged with the admin-istrative court. Also recognised is the need to introduce legał provisions systematising the issue of notification of recruitment for vacant positions in uniformed services as the basie condition for the implementation of the right of access to the public service.
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Prawo i administracja Unii Europejskiej

Łukasz Prus

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 109-127

https://doi.org/10.4467/24497800RAP.17.008.7059

Amending and Repealing of Administrative Acts Issued by EU Institutions: Theoretical and Normative Models

The article aims to compare the theoretical and normative models of amending or repealing of acts issued by EU administrative bodies. EU written law lacks universal principles governing the issue. On the one hand, it is regulated by the rules stemming from relevant case law of the Court of Justice of the European Union, which are not products of legislative work. EU law also required reconstruction and systematisation of aspects that are vital for the principles of overturning administrative acts resulting from casuistic judge-made law of the CJEU. In this way, it is possible to work out a theoretical model of amending or repealing of EU acts. On the other hand, the issue is regulated by the normative model adopted in the model of EU administrative proceedings developed by the Research Network on EU Administrative Law (ReNEUAL). The article includes the author's comments as regards the proposal offered by ReNEUAL in this area.
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Liesbeth Todts

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 128-155

https://doi.org/10.4467/24497800RAP.17.009.7060
This contribution aims to provide a first exploratory analysis of the criteria that must be taken into account by national authorities when considering the proportionality of public order measures restricting the individual's fundamental right to freedom of movement, such as area-based restrictions. The content of the proportionality principle as regards area-based restrictions is not always clear, in particular at European human rights level, while it is an important condition that these restrictions be compatible with the right to freedom of movement. To that end, this article first gives a brief overview of the content of this principle at European level. In order to find some inspiration, it then compares it with the interpretation of this principle at national level, more specifically Belgium and the United Kingdom, where new forms of area-based restrictions have been introduced recently. The case law of the Belgian Council of State is an interesting case to examine since the Council applies a different proportionality test depending on the legal classification of the measure imposed. The contribution proceeds with an analysis of the proportionality principle in the UK case law, where it is a relative newcomer used instead of the traditional "Wednesbury unreasonableness" test in cases that fall under the European Convention on Human Rights.
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Nauka o administracji

Veronika Džatková

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 156-165

https://doi.org/10.4467/24497800RAP.17.010.7061

Besides other aspects, one of the fundamental conditions of the modern political system is active and powerful civil society. Representatives of civil society and their increasing influence provide the background for increasing political participation and civic activism with the aim to make decision-making processes more effectual and having an impact on public policy actors. In that context, the objective of the article is to pay particular attention to one of the forms of participation, specifically using a comparative method to theoretically analyse the perspectives and limits of e-participation. The paper presumes the inevitable role of e-participation in the current modernisation of public administration processes which could overcome obstacles related to the participatory gap in post-communist countries.

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Leszek Graniszewski

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 166-181

https://doi.org/10.4467/24497800RAP.17.011.7062

The Participation of Non-Governmental Organisations in Public Governance in Poland

The article focuses on the application of the concept of governance in the realities of the Polish political system. The author analyses the forms of participation of citizens and their organisations in the decision-making of public administrations, particularly based on the notion of New Public Management and Governance. Further, hę analyses the importance of implementing the concept of governance in the context of the exist-ing models of democracy, especially liberał and participatory democracy. The last part of the article presents the institutionalisation of the notion of Governance in Polish law and practice of socio-political life.

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Malwina Kostrzewska-Obertaniec

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 182-204

https://doi.org/10.4467/24497800RAP.17.012.7063

The Public Image of the Municipality of Cracow

The article focuses on the public image of the Municipality of Cracow. It compares and discusses the results of a survey was conducted amongst its clients and employees.

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Wojciech Lamentowicz

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 205-235

https://doi.org/10.4467/24497800RAP.17.013.7064
My purpose is to explain why it is so freąuent that policy makers both public and private fail in their efforts to solve problems. The main ąuestion is why educated and experienced persons cannot achieve their goals by reasonable decisions and actions. Among many causes and reasons (spontaneous changes of postmodern societies, limits to rationality of decision makers), I shall focus on two types of problems - wicked problems and Gordian Knots. The very characteristics of these types of problems arę conducive to Tsunami Effect, to complete incapability of designing strategies which arę efficient enough. Gordian knot is defined here as a wicked problem having some specific features and causes. Notions of Tsunami Effect and Gordian Knot arę regarded as an innovative contribution to the generał theory of strategy and the theory of decision making.
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Daria Małek, Piotr Kudaj

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 236-254

https://doi.org/10.4467/24497800RAP.17.014.7065

Good Practice in Estonian E-Government: Recommendations for Poland

In the world of far-reaching globalisation and the rapid development of information technology, digitisation of the public sector seems to be inevitably benefiting both ad-ministration as a whole and its customers. At the time of Polands accession to the European Union, the process intensified due to the standards set by the EU. A similar action was taken by Estonia which joined the European Union at the same time as Poland. Over the years, there have been significant differences between these countries in the development of digital public administration. Estonia, in a relatively short period and with limited financial resources, has become one of the most digital countries in Europę. Thus, Poland should be inspired by Estonian practice as regards the implemen-tation of eGovernment.
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Drahomíra Ondrová

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 255-279

https://doi.org/10.4467/24497800RAP.17.015.7066
The ąuestion of ethics is one closely linked to human existence involving character traits, conduct, ethics and morals of human beings. As, first and foremost, ethics has to do with actions of mań, it reąuires adjustments in one s actions and attitudes, espe-cially in the case of public administration, its management activities, decision-making processes, leadership and administrators in relation not only to their colleagues and superiors but the citizenry and generał public having in mind the basie principle of de-mocracy and its main attribute that is public participation in governing public affairs. The paper consists of several parts dealing with aspects of traditional and modern dem-ocratic public administration in relation to the active participation of citizens, ethical public management and leadership connected with the ethical decision-making processes, ethical models of decisions and their conceivable application in public administration.
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Łukasz Zweiffel

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 280-293

https://doi.org/10.4467/24497800RAP.17.016.7067
Participatory Democracy in the Netherlands at Local Level: Analysis of Selected Examples
 
The article focuses on the theoretical and practical aspects of participatory democracy at local level in the Netherlands. The author presents the legał acts on which participatory democracy is based in that country (communal law and social welfare act) and analyses selected examples such as the consultative referendum, survey, citizens' initia-tive, public opinion panel, consultations and participatory budget.
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Polityki publiczne

Krzysztof Chaczko

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 294-308

https://doi.org/10.4467/24497800RAP.17.017.7068

Effectiveness in Variability? Of the Role of Social Welfare in an Era of New Social Risks

Th e article discusses the role of social assistance in a time of new social risks. It first characterises old social risks and the social security system and then describes the system of social assistance and social services. Th e article ends with findings about new social risks and the role of new social welfare in minimising their impact.
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Taras Gurzhii

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 309-317

https://doi.org/10.4467/24497800RAP.17.001.7052
The article revolves around the genesis and current state of development of the institution of public consultations in Ukraine. It outlines a range of negative factors resulting in the low efficiency of public consultations and determines priority directions in the development of public consultations. Additionally, the article emphasises the necessity of taking complex legal and organisational steps aimed to promote public participation in policy-making processes.
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Marcin Janik

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 318-339

https://doi.org/10.4467/24497800RAP.17.018.7069
Prospects for the Development of Epidemiological Supervision: Some Remarks Inspired by Disease Mapping
 
The article is dedicated to pointing out and discussing the challenges which appear for epidemiological supervisory authorities in the face of globalisation. The research area determined in this way has necessitated the papers division in three parts. The first part offers analysis of the International Health Regulations (IHR) which are the basis of the global epidemiological supervision system. The decision instruments necessary to estimate the risk in case of infectious diseases will be determined in the light of these regulations. The deliberations will also touch upon the issue, interesting from many points of view, of a unilateral mixed act in case of which the international aspects are accompanied by issuing legally binding national decisions. These problems are well illustrated by the solutions contained in Article 32b(2) and Article 33 of the Act of 5 December 2008 on the Prevention and Control of Human Infections and Infectious Diseases. In the second part, the analysis will cover two aspects of health administration, i.e. social and cognitive agility. In this context, the problems of limited rationality will be presented. The third part of the publication, features an extremely interesting problem related to the so-called spatial epidemiology dealing with mapping of the location and intensity of diseases. Determining appropriate repositories, using the information based on unofficial reports and activities of electronic media and community portals in it, will be important for the analysis conducted. It is significant because increasingly frequent are views that the progress in epidemics control can be achieved through using the so-called cognitive surplus appearing on the basis of crowdsourcing in the decision-making process.
 
 
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Agata Nodżak

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 340-363

https://doi.org/10.4467/24497800RAP.17.019.7070
The Use of Modern Technology in the Context of Civil Society Development in Poland
 
The progress of civilisation and the simultaneous development of modern technology have affected many areas of life, including public life. This development is accompanied by economic changes and even political or social ones. One of the manifestations of social change as a result of the development of modern technology is the emergence of modern society, referred to in the literature of the subject as information, network, digital, telematic, etc. society. At the level of individual countries, including Poland, it is expected that tools will be implemented and applied based on the achievements of modern technologies in various areas of public life. Namely, the above-mentioned technologies have found widespread use in the case of various forms of civic participation in public life, such as elections, referenda, public consultations and the right to public information. Would the "computerisation" of various forms of citizens' participation in public life change their nature? Would it make it easier for citizens to participate in public life, encourage them to take an active part and thus quell the so-called crisis of democracy? Can the use of information and telecommunication technologies have a real impact on the development of civil society?
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Zarządzanie w administracji publicznej

Renata Śliwa, Renata Żaba-Nieroda

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 364-379

https://doi.org/10.4467/24497800RAP.17.020.7071
Regulatory Impact Assessment as an Aspect of the Regulatory Process
 
The chief method to weigh regulatory influence is Regulatory Impact Assessment (RIA). Its potential is hidden in the high probability of triggering the process of advancing dialogue between public representatives and stakeholders. That stimulates the creation of a fertile ground for the higher quality of public debate, institutions and, eventually, law. The RIA as a method of neutralising the negative consequences of the market mechanism is perceived as an expression of the better governance process focused on achieving more social inclusivity and higher regulatory effectiveness. The RIA promotes a systemic and comparison-friendly approach in the process of lawmaking. The RIA enforces the strict formulation of the problem (subject of regulation), aims of public intervention, and alternative ways of their attainment. The process of RIA in such jurisdictions as Polish still lags behind as a result of serious infrastructure shortages (human capital as a key one).
 
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Komunikaty

Yulia Dorokhina

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 380-386

https://doi.org/10.4467/24497800RAP.17.021.7072
The article revolves around the genesis and current state of development of the institution of public consultations in Ukraine. It outlines a range of negative factors resulting in the low efficiency of public consultations and determines priority directions in the development of public consultations. Additionally, the article emphasises the necessity of taking complex legal and organisational steps aimed to promote public participation in policy-making processes.
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Anna Gurzhii

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 387-392

https://doi.org/10.4467/24497800RAP.17.022.7073
The article investigates the procedural aspect of the administrative proceedings. It showcases current problems as regards the structuring of the administrative-delict process and offers a comparison of some main scientific approaches to the structure of the administrative process. On the basis of analysis of modern administrative doctrine, the new concept is proposed for the administrative proceeding structure.
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Donka Stoyanova

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 393-404

https://doi.org/10.4467/24497800RAP.17.023.7074
The work of the administration should serve the interests of the parties involved and of the public. That very need for proportionate and reasonable actions of the administration has led to establishing one of the basic principles in the process of issuing administrative acts, the participation of the interested parties in the procedure before the administrative authority. This is achieved by the requirement that, before issuing the act, the authority is to gather the opinions and statements of the members of the public who will be affected by it and to reflect them in the final act. The guarantee that members of the public will be allowed to participate in the procedure and influence the final content of the act is the judicial review of the administrative act.
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Recenzje

Agata Nodżak

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 405-413

https://doi.org/10.4467/24497800RAP.17.024.7075
Recenzja książki Wojciecha Lamentowicza, Strategia państwa: teoria państwa aktywnego wobec sił spontanicznych, Dom Wydawniczy ELIPSA, Warszawa 2015, ss. 258
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Zapowiedzi i sprawozdania

Rocznik Administracji Publicznej, 2017 (3), 2017, s. 414-415

https://doi.org/10.4467/24497800RAP.17.025.7076

Międzynarodowa konferencja naukowa

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Słowa kluczowe: administrative proceedings, complaint-filing right, decision-making eficiency in public administration, dispute, civil matter, administrative decision, resolution, President of the Energy Regulatory Office, Slovak Republic, post-modern state, Constitution, public administration, rule-of-law state, administrative process, public administration bodies, legal right, protection, lobbying decision-making process, public administration, administrative decision, trademark, Patent Office, administrative decision, administrative proceedings, absolute and relative conditions, recruitment procedurę, public service, public official, overturning of EU administrative acts, justified expectations, administrative proceedings of the European Union, area-based restrictions, proportionality principle, public order, civil society, representative democracy, political participation, e-participation, participatory gap, governance, non-governmental organisations, public consultation, civic dialogue, public administration, administration, Municipality of Cracow, public relations, public image, Cracow, problem sohdng, hard cases in strategy making, wicked problems, Gordian Knots, electronic services, e-government, Estonia, Poland, public administration, public administration, traditional, modern, ethics, decision-making, models, participatory democracy, civic activity, civil society, referendum, survey, citizens' initiative, public opinion panel, consultations, commune, G1000, social welfare, social risks, social security, social assistance, state policy, public administration, decision-making process, good governance, public consultations, public goods, diseases mapping, infodemiology, International Health Regulations, epidemiological supervision, civic participation, information and communication technologies, electronic democracy, Regulatory Impact Assessment, market imperfections, social interest, suggestions regarding improvements to impact assessment, state policy, public administration, decision-making process, good governance, public consultations, administrative law, public administration, delict, offense, proceeding, decision-making process, administrative activity, public interest, individual administrative act, general administrative act, normative administrative act, participation of members of the public