Academic literature on the topic 'Administrative contracts theory'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Administrative contracts theory.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Administrative contracts theory"
1
Almajali, Mohmmad Husien, Mohammad Basheer Arabyat, Faisal Tayel Alqudah, and Mohamed F. Ghazwi. "Cases of Nullity of Administrative Contract Compared to Civil Contract under the Jordanian Legislation." International Journal of Religion 5, no. 1 (February 9, 2024): 725–31. http://dx.doi.org/10.61707/hd5yz160.
Full textAbstract:
This article examines the degree of effect of the theory of nullity in Jordanian civil law on administrative and civil contracts and the utmost key cases of nullity of the administrative contract as compared to civil contract. The descriptive and analytical research approach is adapted to achieve the research objectives. In carrying out its activity, the administration resorts to several diverse and numerous means and actions, and these actions may be physical or legal actions. Legal actions may be unilateral actions, which are called administrative decisions, or they may be two-sided, meaning an agreement, which is what, is called contracts, whether these contracts are concluded between persons of public law and between a person of public law and one of the persons of private law. The administrative contract does not differ in its work from other contracts if it is concluded by simply exchanging the expression of their wills between the two parties, taking into account the specific conditions stipulated by the law for its conclusion. In its formation, it is necessary that its pillars be present, which are the administration element, the place element, and the cause element. It is also necessary that the conditions for its validity be met, which is that the will of its two parties is free from any defects of consent that may taint it. Towards the end, results and recommendations are properly incorporated.
2
Antonenkо, Anastasia. "ADMINISTRATIVE CONTRACT IN THE PROCEDURE OF THE UNFORCED EXPROPRIATION: JUSTIFICATION AND ADVISABILITY OF THE IMPLEMENTATION." Administrative law and process, no. 1(34) (2022): 5–20. http://dx.doi.org/10.17721/2227-796x.2022.1.01.
Full textAbstract:
Purpose. The purpose of the article is justification of the concept of the contract of redemption as an administrative contract and proving of the advisability of its implementation in Ukrainian procedure of the unforced expropriation. Methods. The research methodology consists of general and special methods of scientific cognition, including comparative and legal, systematic and structural methods, deduction, induction, analysis, synthesis, etc. Results. Main Features of administrative contracts, which are determined on the normative and scientific levels, are compared with features of the contract of redemption for public needs in the first part of the article. As a result the compliance of the contract of redemption with the requirements for administrative contracts is approved. Certain criteria according to which scholars and courts of European states classify the expropriation contract as administrative-legal are highlighted in the second part of the article. This allowed to further emphasizing the affiliation of the contract of redemption to administrative contracts. The place of the expropriation contract at the system of administrative contracts of certain European states is considered in the third part of the article. It is highlighted one of the features of the expropriation procedure, according to which expropriation contract radically is different from private law agreements and which related to the possibility of concluding a partial agreement. Conclusions. In the conclusions to the article it is summarized that the contract of redemption as an idea, a concept, which is enshrined in Part 3 of Art. 153 of the Civil Code of Ukraine and follows from the essence of the expropriation procedure, belongs to administrative contracts, which is confirmed by the analysis and full compliance of its features with the features of administrative contracts in domestic and foreign theory of administrative law, as well as analysis of regulations, judicial practice and legal doctrine of European countries, especially Germany, Switzerland and Liechtenstein.
3
Solechan, Solechan. "The Concept of Private-Administration Contracts in Settling Problems in Government Goods/Services Procurement Contracts." International Journal of Criminology and Sociology 10 (April 30, 2021): 662–67. http://dx.doi.org/10.6000/1929-4409.2021.10.77.
Full textAbstract:
Contracts for the procurement of government goods/services are the realm of private law that implements pure private contracts. A legal relationship in a private contract, especially in a contract settlement, is a relationship between the settlement of the rights and obligations of the parties. This study describes the settlement of government goods/service procurement contracts that require a legal basis both in principle and theory. By using the conceptual analysis method, the findings indicate an inconsistency in solving a legal problem in a government procurement contract, where private legal issues are resolved through administrative law. Theoretically, this study contributes to the resolution of this problem, there are intersections between two legal aspects, namely private law and administrative law. In practical terms, this study encourages the development of government goods/service procurement contract problem-solving practices to adopt the contract problem-solving method starting to use administrative law.
4
Rousseau-Houle, Thérèse. "La notion d'enrichissement sans cause en droit administratif québécois." Les Cahiers de droit 19, no. 4 (April 12, 2005): 1039–60. http://dx.doi.org/10.7202/042284ar.
Full textAbstract:
The problem of unjust enrichment has often been raised in recent years with reference to litigation concerning contracts with public authorities. Many times, parties to such contracts have invoked this principle to obtain compensation for services provided under contracts later declared irregular or void. The courts have then attempted to apply in the context of administrative law the conditions laid down by civil law doctrine for unjust enrichment. The transposition to administrative law of the civil concept of unjust enrichment does not, however, appear to have been adequate. To begin with, the principle of unjust enrichment is difficult to dissociate from the quasi-contract of negotiorum gestio in administrative law. Further, the material and legal conditions of unjust enrichment cannot be applied as a whole to administrative law. In this field, unjust enrichment appears as a true quasi-contract in the sense that it requires the assent of the person enriched. Furthermore, the enrichment must have resulted in a real benefit in the general interest of the administration. These special conditions require a different approach toward the notion of unjust enrichment in administrative law. This approach may be elaborated from the Common Law notion of quantum meruit or from the theory of unjust enrichment in French administrative law. A new concept of unjust enrichment in Quebec administrative law would lead to finding, in the field of quasi-contracts, a solution which would provide for the protection of both public finances and the individual interests of co-contractants.
5
Bila, V. R. "Administrative Contract as a Legal Form of Public Administration: Updating Doctrinal Approaches." Law and Safety 75, no. 4 (December 20, 2019): 43–48. http://dx.doi.org/10.32631/pb.2019.4.05.
Full textAbstract:
The analysis of the features of administrative contracts, formed by the theory of administrative law, has been made for the purpose of their compliance with the current legislation. The perspectives of improving both the doctrinal understanding and the normative construction of the concept of administrative contracts have been clarified. It has been stated that administrative contracts are only one of the possible contractual forms of regulating the relations of public administration. Contractual regulators can be both formalized in the form of administrative contracts or unformalized, when the agreement between the authorities is fixed at the level of legal acts or when laws provide the possibility of reaching a consensus in vertical and horizontal administrative legal relations. The author has established the correlation between administrative contracts and other types of legal forms, including with administrative acts, the common legal acts. The perspectives for improving the list of types of administrative contracts have been stated. In particular, the author has substantiated that the list of cases of concluding administrative contracts, under the Code of Administrative Judiciary of Ukraine, focuses solely on the determination of the substantive jurisdiction of administrative courts and is only a basis for forming the scope of the concept of “administrative contracts”, which is much more wider than the legal definition.
It has been pointed out that some of the statements made in the most recent writings on administrative contracts are falsified, including that administrative contracts and administrative acts are comparable incompatible concepts, and the initiative in concluding administrative contracts can come from an authorized subject, as well as from legal entities and individuals.
The author has concluded about the significant influence of the normative construction of the concept of administrative contracts on its doctrinal understanding and the need to update the established ideas about its function as a legal form of public administration, which directs the study of those types of economic contracts, which in their essence are administrative contracts.
6
Milenković, Dejan. "ADMINISTRATIVE CONTRACTS IN THE NEW GENERAL ADMINISTRATIVE PROCEDURE ACT IN WESTERN BALKANS COUNTIRES." Strani pravni život 61, no. 3 (September 30, 2017): 67–80. http://dx.doi.org/10.56461/spz17305m.
Full textAbstract:
Administrative contract, as well as specific legal institute, draws the attention of theoreticians of administrative law for more than a century. For them, it is that they are “formally” recognized by the courts, or in special substantive laws or Generally Administrative procedural Act (GAPA), we can find in almost all Euro-continental legal systems. In the former Yugoslav theory, in conjunction with the institute of administrative contracts are continuously guided serious discussions since the sixties of the 20th century. However, at several last years, we can see the intention and tendency that the administrative contracts have to be generally defined by GAPA. Today, all countries of the Western Balkans, except Bosnia and Herzegovina, have in new GAPA a special section that regulates this institute and its specific legal regime. However, the ways in which they are formulated and regulated depend on specifics of the legal system in each of these countries. In this paper, we gave the comparative archive and analyze legal norms relating to administrative contracts in new GAPA in Croatia, Montenegro, Macedonia, Albania and Serbia, with basic similarities and differences in their existing legal regimes.
7
Rašević, Živorad, Danijela Despotović, and Snežana Prelević Plavšić. "Javne nabavke između upravnog i obligacionog prava: sistemsko pozicioniranje." Harmonius Journal of Legal and Social Studies in South East Europe 12, no. 1 (February 7, 2024): 309–34. http://dx.doi.org/10.51204/harmonius_23113a.
Full textAbstract:
The stances of the legal theory, comparative law and jurisprudence do not concur on the nature of public procurement: The administrative law literature considers public procurement contracts to be administrative contracts, while civil law treats them as traditional civil or commercial contracts. To understand the nature of the relationship between public procurement entities and private companies that provide them with go ods and services, this essay examines the undefined systemic connections of the Serbian Public Procurement Act (PPA) with administrative and obligation law. The research results reveal that the PPA norms, although regulate the public law regime of the unequal relationship between procurement entities and bidders, do not place this relationship in the realm of administrative law because they enable only indirect, limited and exceptional application of the administrative norms. Norms of the PPA do not explicitly refer to obligation law. Still, its application as a lex generalis is inevitable for the comprehensive regulation of the precontractual and contractual relationship between the procurement entities and bidders. These findings suggest the PPA positioning as a special regime of obligation law, which cannot be rigidly classified into public or private law. Therefore, it is proposed to distinguish administrative decision-mak ing on the contract from its execution that is subject to the obligation law, and to restrict the superiority of procurement entity for the sake of fundamental values of civil law.
8
yavari, asadolah, and mohammadreza Bahrami. "The Theory of unpredictable affairs and Adaptation of administrative contracts." Payam-e-Marefat-Kabul Education University 10, no. 33 (March 1, 2023): 271–93. http://dx.doi.org/10.61186/qjal.10.33.271.
Full text
9
Huiqiong, Lin, Nie Ting, and Qiu Tengfeng. "Research on the Influence Mechanism of Implicit Incentive on Employee's Territorial Marking Behaviors – the Moderating Effect of Recognition Expectation." Tobacco Regulatory Science 7, no. 6 (November 3, 2021): 5596–608. http://dx.doi.org/10.18001/trs.7.6.47.
Full textAbstract:
Based on field theory and prospect theory, this paper attempts to explain the influence mechanism of organizational implicit incentives on employee's territory marking behaviors and further verify the moderating effect of recognition expectation. Through a paired survey of 280 employees and supervisors in the Yangtze River Delta, the Pearl River Delta and Macau Special Administrative Region, it shows that growth incentives, job incentives, and relationship incentives significantly affect territorial marking behaviors through psychological contracts. The recognition expectation of employees will enhance the relation between psychological contract and territorial marking behaviors.
10
Lewandowski, A. "PUBLIC LAW CONTRACT IN GERMAN ADMINISTRATIVE LAW." Constitutional State, no. 47 (October 18, 2022): 29–39. http://dx.doi.org/10.18524/2411-2054.2022.47.265281.
Full textAbstract:
The article focuses on the public-law contract in German law. It considers the relationship between the public-law contract and the administrative act in the context of the principle of freedom of choice of form of action of the administrative authorities. It analyses the legal basis of the public law contract. First of all, these covers § 54 of the Administrative Procedure Act as the central norm of the public law contract. Issues relating to the limitations in the enforcement of § 54 are also outlined. In addition, the constitutional background of the public contract is discussed. Particular attention is paid to the principle of lawfulness of government action and its two main components: the rule of law and the principle of compliance with the law, which have a varying impact on the public-law contract. The article also considers the dual nature of public-law contracts, which is primarily due to the fact that the public-law contract itself is directly a figure of both procedural and substantive law. Distinctive features of a public-law contract in the context of its differentiation from the other forms of implementation by administrative authorities of their powers are analyzed. First of all, it affects the administrative act on demand as the closest to the public-law contract type of its external manifestations. The same applies to an administrative act with additional conditions, since it has misleading characteristics similar to a contractual relationship. The subject matter of the contract itself was analyzed as a decisive factor enabling it to be classed as a contract entered into in the field of public administrative law. The role of the theory of special law and its impact on the process of identifying the public law contract was examined. In this regard, the limping mutual contract as a special form of a public-law contract has been defused. A special place in the article is given to the issues of terminology. It is concluded that Ukrainian administrative law has no analogues and similar approach not only to the question of classification but also to the correlation of the considered notions developed by German administrative law.
Dissertations / Theses on the topic "Administrative contracts theory"
1
Nguewo, nono youta Ferdi. "L'ordre public contractuel en droit administratif." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2022. http://scd-proxy.univ-brest.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/isbn/9782247234509.
Full textAbstract:
L'étude de l'ordre public contractuel en droit administratif, qui était nécessaire compte tenu de l'absence de recherche doctorale sur ce thème majeur du droit des contrats, permet d'aboutir à plusieurs conclusions qui sont intéressantes à la fois pour la notion et pour le droit administratif lui-même. S'agissant d'abord de l'ordre public contractuel, son examen en droit administratif confirme que la notion ne peut être définie, mais seulement identifiée, le critère permettant d'effectuer cette identification étant l'automaticité de la sanction attachée à la règle. S'agissant ensuite du droit administratif, l'inscription de l'ordre public contractuel parmi les notions cardinales de ce droit a contribué au perfectionnement du droit et du contentieux des contrats administratifs. Le maniement de la notion permet au juge administratif de moduler le traitement des causes d'invalidité, d'orienter la théorie générale du contrat administratif, mais aussi, parfois, de se démarquer du juge judiciaire en retenant une conception singulière de l'ordre public contractuelThe study of the contractual public order in administrative law, which was necessary given the lack of doctoral research on this major theme of contract law, leads to several conclusions that are interesting both for the notion and for administrative law itself. With regard first to contractual public order, its examination in administrative law confirms that the concept cannot be defined, but only identified, the criterion allowing this identification to be made being the automaticity of the sanction attached to the rule. With regard to administrative law, the inclusion of contractual public order among the cardinal notions of this law has contributed to the improvement of the law and litigation of administrative contracts. The handling of the concept allows the administrative judge to modulate the treatment of the causes of invalidity, to direct the general theory of the administrative contract, but also, sometimes, to stand out from the judicial judge by retaining a singular conception of the contractual public order
2
Sancho, Calderón Diego. "Selection of contract type in construction contracts: Lump-Sum, Target-cost and Cost-plus contracts." Thesis, Blekinge Tekniska Högskola, Institutionen för industriell ekonomi, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:bth-14823.
Full textAbstract:
The construction contract is a document which governs the business relationship of Contractor and Employer for the duration of a construction project. However, the selection of the contract type for the project tends to be performed too shallowly. The present thesis aims to analyse how the contract type is chosen among the three paradigmatic contracts considered here: lump-sum contracts, target-cost contracts and cost-plus contracts. The basis of the study is a case study performed on Project X, a large mine construction project in Western Europe. The relevant literature to the subject was reviewed, mainly the principal-agent theory, literature on risk allocation and on contract selection. After identifying several factors which may influence the contract selection in the literature and in a preliminary interview, a survey was conducted to assess their relative influence in general and in particular for the Project X. The survey was responded by a small sample of highly qualified and experienced managers. and was complemented with in-depth interviews with the majority of them. Some research on the project and on contract documents of the NEC standard contract was also performed in order to provide a context of the characteristics of Project X. The findings of the three sources made it possible to confirm the influence on the selection of the contract type of many of the factors proposed. It was possible to shortlist a small number of factors which influenced the most the selection of the contract type for Project X. These were the preferred risk allocation by the parties, the ability to adapt the contract to scope changes, the knowledge of each contract type by the contracting parties, the improvement of the project delivery by the contract type and the aim to enhance cooperation between the parties. Factors not present in previous research were also discovered, such as the different financial costs of the contract types and the requirement of financial information by the funders of the parties. The very different opinions of the respondents to the survey and interviews regarding the selection of the contract type confirm that the parties should consider in more detail that complex process, because by now the parties are not really sure why they are choosing a certain contract type. Further research should be performed in the future to analyse the factors which influenced the contract type selection in other projects. The projects could also be analysed during their whole duration. Other contract types or variants of the three contract types studied in this thesis could also be added to the analysis.
3
Gil, Fabio Coutinho de Alcantara. "A onerosidade excessiva em contratos de engineering." Universidade de São Paulo, 2007. http://www.teses.usp.br/teses/disponiveis/2/2132/tde-24052011-143442/.
Full textAbstract:
O presente trabalho visa analisar em que medida a alteração das circunstâncias negociais que levem à situação de onerosidade excessiva prevista pelo Código Civil produz efeitos sobre a utilidade que as partes derivam dos contratos de engineering, considerados estes como contratos que têm por objeto o desenvolvimento de projetos industriais e de infraestrutura de grande porte. Situa esses contratos em seu contexto histórico e social, descrevendo seus principais elementos de distinção, especialmente a complexidade e risco das operações econômicas que lhes é subjacente e os qualifica como contratos socialmente típicos, sujeitos ao regime dos contratos de empreitada. A tese discute a adequação do tratamento jurisprudencial que vem sendo dado à onerosidade excessiva e descreve os esquemas negociais geralmente usados em tais contratos para fins de alocação de riscos. Finalmente, a tese discute a aplicação de modelos da Análise Econômica do Direito, como a Teoria dos Contratos Incompletos, como subsídio para a valoração de aplicabilidade das normas sobre onerosidade excessiva aos contratos de engineering e análise dos efeitos de sua aplicação sobre esses contratos.The aim of this work is to analyze to what extent changed circumstances that are contractually relevant, so as to characterize the legal figure of excessive onerosity [a situation of material burden for complying with a given obligation on one of the contracting parties] pursuant to the Brazilian Civil Code, bring about effects on the payoffs the contracting parties derive from so-called engineering agreements, understood as agreements for the development of large-scale industrial and infrastructure projects. The work traces back the historical and social context of such agreements and describes their main distinguishing features, especially the complexity and risk elements of their underlying economic transactions. The work also describes such agreements as socially codified agreements, subject to the discipline of a legally codified figure called empreitada [or contractor agreement]. The work also discusses how court precedents deal with the legal figure of excessive onerosity and describes the deal structures normally used in such agreements for the purposes of risk allocation. Finally, the work discusses the application of Law & Economics models, such as the Theory of Incomplete Contracts, as a tool for evaluating the applicability of rules governing the legal figure of excessive onerosity to engineering agreements and analyzing their respective effects.
4
García, Vélez Javier Humberto. "Mechanism design o reverse game theory : una propuesta para la asignación eficiente de obras públicas de infraestructura en el Perú." Bachelor's thesis, Pontificia Universidad Católica del Perú, 2015. http://tesis.pucp.edu.pe/repositorio/handle/123456789/6702.
Full textAbstract:
En el marco de los Objetivos del Milenio, la falta de provisión de servicios públicos
esenciales constituye en el Perú una carga histórica que debe ser superada con el
objetivo de implementar de manera eficiente políticas de desarrollo social, establecer
índices sostenibles de crecimiento micro y macroeconómico y aportar a la reducción
de las tasas de pobreza en el país.
Sin embargo, es indiscutible que la prestación de tales servicios esenciales o de
interés público o general (servicios eléctricos, de transporte, ferroviarios,
aeroportuarios, portuarios, etc.) no es posible sin contar con el soporte o sostén de
una infraestructura que permita su viabilidad.
De esta manera, en los países latinoamericanos, la falta de provisión de servicios
públicos se ha intentado explicar en la denominada “Brecha de Infraestructura en
América del Sur”, término que la Comisión Económica para América Latina y el Caribe
(“CEPAL”) y la Secretaría General de la Unión de Naciones Suramericanas
(“UNASUR”) han utilizado en diversas investigaciones
Ejemplo claro de esta brecha es que, en los últimos 20 años, los países
latinoamericanos (con distintos modelos económicos y políticos) han invertido
aproximadamente entre el 2% y el 3% de su Producto Bruto Interno (“PBI”) en
infraestructura, salvo en los casos de Chile con 6% y Colombia con 4%Tesis
5
Bartolucci, Mattéo. "L'acte plurilatéral en droit public." Electronic Thesis or Diss., Bordeaux, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218813.
Full textAbstract:
La notion d’acte plurilatéral est issue d’une doctrine importée en France par Léon Duguit au début du XXe siècle. D’origine allemande, cette doctrine consiste à subsumer tous les accords de volontés sous une méta-catégorie nommée « acte plurilatéral », dont le contrat n’est qu’une sous-catégorie. Avec l’acte unilatéral, l’acte plurilatéral forme la summa divisio des actes juridiques. Comme l’acte unilatéral, l’acte plurilatéral connaît plusieurs subdivisions catégorielles auxquelles sont attachés des régimes juridiques distincts. Face à la crise contractuelle que traverse notre ordre juridique et à la multiplication des pseudo-contrats, le concept d’acte plurilatéral constitue un palliatif nécessaire. Remis au goût du jour, il permet ainsi une classification des accords de volontés à même de clarifier une matière en proie à un certain désordreThe notion of plurilateral decision comes from a doctrine imported in France by Leon Duguit at the beginning of the 20th century. Of German origin, this doctrine consists in subsuming all the agreements under a meta-category called “plurilateral decision”, the contract of which is only a subcategory. Along with the unilateral decision, the plurilateral decision constitutes the summa divisio of legal acts. Like the unilateral decision, the plurilateral decision has several categorial subdivisions to wich distinct legal regimes are attached. Faced with the contractual crisis our legal order is going through and the multiplication of pseudo contracts, the concept of plurilateral decision represents a necessary stopgap. Modernized, it thus provides a classification of agreements able to clarify a subject presently faced to some disorder
6
Grach, Gaëtan. "L'unité des contrats privés et des contrats publics." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1069.
Full textAbstract:
La recherche d'une unité entre les contrats privés et les publics revient à vouloir démontrer l'existence d'un socle, d'un droit commun aux contrats privés et aux contrats publics au stade de leur formation. Cependant, si l'unité des éléments essentiels du contrat peut se révéler imparfaite entre le droit privé et le public, deux notions peuvent apporter une cohérence au phénomène juridique d'unité des contrats : la notion générale de contrat en sa qualité de principe fondateur du phénomène d'unité permet la recherche d'une définition unitaire du contrat dont l'expression est la notion de consentement ; alors que les notions d'objet et de cause se révèlent être des instruments d'identification principal et accessoire du phénomène d'unité des contrats. Ainsi, s'il existe une multitude de contrats, il n'existe qu'une notion de contrat. S'il existe une infinité d'objet, de cause et de moyen de consentir, il n'existe qu'une notion d'objet, de cause et de consentement. L'unité des contrats privés et des contrats publics est cela : la réduction d'une pluralité de notions à une notion-cadre fondamentale, la notion de contratSeeking unity between private and public contracts is ultimately intended to demonstrate the existence of a base, a law common to private and public contracts, at the stage of their conclusion. However, if the unity, in terms of private and public law, of the basic elements of the contract may prove to be imperfect, two concepts may bring cohesiveness to the legal phenomenon of the unity of contracts: the general concept of contract in its role as a founding principle of the phenomenon of unity enables a uniform definition for the contract to be sought, the expression of which is the concept of consent whereas the notions of object and cause reveal themselves to be main instruments of identification, ancillary to the phenomenon of the unity of contracts. Thus, if multiple contracts exist, there only exists one concept of the contract. If there are an infinite number of objects, causes and means of consent, there is only one concept of object, cause and consent. The unity of private contracts and public contracts is this: the reduction of a multiplicity of notions into one basic framework, the concept of the contract
7
Yorgure, Christian Sampson. "Assessing the Significance of Modularizing Contract Manufacturing Organizations." ScholarWorks, 2015. http://scholarworks.waldenu.edu/dissertations/1513.
Full textAbstract:
Organizations are under constant threat from global competition, socioeconomic factors,
and political forces that are often unforeseen and dynamic. Consequently, decision
makers adopt strategies, some including the principles of modularity, as a
countermeasure. The problem addressed in this study was the lack of knowledge about
the significance of modularizing contract manufacturing organizations (CMOs). The
purpose of this quasi-experimental study was to assess the significance of modularizing
CMOs by statistically analyzing capacity utilization, efficiency, and profit margin
between modular and nonmodular departments in a focal CMO. This study was grounded
in the theory of modularity and the research question addressed what might be the
significant value of implementing organizational modularity. The hypotheses posited that
a significant difference exists in these metrics between the modular and nonmodular
departments of the focal company. ANCOVA was applied to the hypotheses using
secondary data of complete job orders undertaken at a company from 2008 to 2013. The
results indicated significant differences in capacity utilization, efficiency, and profit
margin between modular and nonmodular departments after controlling for differences
based on overhead cost or lead-time. Decision makers in manufacturing companies,
particularly those in CMOs, may benefit from these findings because they provide
answers to questions on the value of modularizing CMOs. The social change implications
of this study are based on companies gaining knowledge to improve productivity,
manufacture more affordable goods, and provide more skilled employment opportunities.
As a result, more people leave poverty and experience an improved quality of life.
8
Pezon, Christelle. "La gestion du service de l'eau en france. Analyse historique et par la theorie des contrats (1850-1995)." Paris, CNAM, 1999. http://www.theses.fr/1999CNAM0315.
Full textAbstract:
La gestion du service de l'eau potable fait intervenir trois acteurs : les communes, les operateurs prives et l'etat. Les communes choisissent le mode d'organisation du service de l'eau dans un contexte strategique largement determine par l'etat et auquel les operateurs prives ont ete obliges de s'adapter. Les differents modes d'organisation relevent soit d'un modele de gestion non marchand (ou les tarifs de l'eau sont subventionnes), soit d'un modele de gestion marchand (ou les tarifs assurent le recouvrement des couts d'exploitation et d'investissement). La succession des modes d'organisation qui ont prevalu permet de caracteriser la strategie des communes en terme d'organisation de leur service d'eau. Les communes ont constamment, du debut du siecle au debut des annees 1980, opte pour le mode d'organisation qui leur offrait la possibilite de pratiquer des tarifs subventionnes. Dans cette perspective, les modes d'organisation se differencient d'abord de par leur vertu redistributive. Les differents modes d'organisation ont aussi des merites differencies du point de vue de l'efficacite economique, comme l'enseigne la theorie des contrats. L'analyse des arrets du conseil d'etat nous a permis d'etudier la regulation du service de l'eau sur longue periode et de rendre compte de ses inflexions. Nous avons ainsi mis en evidence que ce sont aussi des considerations relatives a l'efficacite economique qui ont conduit au remplacement d'un mode d'organisation par un autre. Le choix des modes d'organisation, s'il est partiellement dicte par des considerations relatives a l'efficacite economique, est un choix sous contrainte dans la mesure ou il demeure asservi au modele de gestion dominant.
9
Bonnier, Carole. "Le controle de la gestion d'une organisation complexe : l'hopital public. une analyse par la theorie des conventions." Paris, CNAM, 2001. http://www.theses.fr/2001CNAM0381.
Full textAbstract:
La gestion hospitaliere a considerablement evolue ces dernieres decennies sous l'impulsion des mesures de regulation des depenses de sante. Ce phenomene s'est traduit par un renforcement du controle des etablissements de soins. Cependant l'hopital public est une organisation complexe dotee d'un centre operationnel, le corps medical, repute hostile a toute forme de controle. L'objet de notre recherche est precisement d'essayer de comprendre les facteurs qui favorisent l'acceptation de regles permettant la regulation des comportements du corps medical. La demarche adoptee de type hypothetico-deductive, nous a conduit, dans un premier temps, a etablir une presentation critique des instruments de maitrise des depenses et notamment du programme de medicalisation des systemes d'information (pmsi). Celui-ci constitue actuellement l'ossature du systeme de controle bien que conteste par une partie du corps medical. Dans un deuxieme temps, nous avons tente de trouver un eclairage theorique aux problemes de regulation. Dans cette perspective, la theorie des conventions s'est revelee plus adequate que les theories economiques traditionnelles. Elle nous a permis de deduire que le pmsi. Pour etre efficace, devait etre considere par la tutelle et par le corps medical comme une regle-convention. Cependant, pour acquerir ce statut, le pmsi devait presenter certaines proprietes que nous avons tentees de verifier dans un troisieme temps. Cette etude empirique comprenait deux volets distincts. Le premier a consiste a entreprendre une analyse de contenu des publications de la tutelle qui nous a permis de conclure quant a une assimilation du pmsi a une convention d'activite et non de qualite. Le deuxieme volet a consiste a apprehender la perception du pmsi par le corps medical au moyen d'un questionnaire adresse a 1400 medecins. L'analyse de 327 reponses a revele que le pmsi n'etait pas veritablement adopte par ces derniers.
10
Blaquière, Benjamin. "La théorie de l’accessoire en droit administratif." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020084.
Full textAbstract:
Comme en droit privé, la théorie de l’accessoire s’exprime en droit administratif par l’adage "accessorium sequitur principale", selon lequel "l’accessoire suit le principal". Son utilisation dans cette matière est, si ce n’est croissante, tout du moins de plus en plus consciente. Tant le juge que la doctrine s’y réfèrent aujourd’hui volontiers pour justifier diverses solutions, appliquées le plus souvent de longue date – par exemple pour étendre la qualification de "contrat administratif" ou l’application du régime de la domanialité publique –, mais pour lesquelles on avait jusqu’alors omis de leur trouver un fondement. Cette utilisation demeure néanmoins assez largement impressionniste, dès lors que ne sont véritablement déterminés, ni ce qu’est un élément "accessoire", ni ce que signifie "suivre le principal", ni encore moins la raison pour laquelle l’accessoire devrait le suivre. Noyée dans un chaos de procédés juridiques voisins, et de solutions jurisprudentielles non ou peu motivées, la théorie de l’accessoire peut apparaître in fine comme un simple artifice argumentatif. Cette étude poursuit ainsi un triple objectif. Tout d’abord, faciliter l’identification des situations d’accessoriété, c’est-à-dire des situations dans lesquelles un élément peut être appréhendé comme étant l’accessoire d’un autre, de façon à pouvoir anticiper quand la théorie de l’accessoire est amenée à jouer. Ensuite, identifier les effets juridiques qui peuvent lui être imputés, de manière à saisir ce qu’il est possible d’attendre d’elle. Enfin, mettre en lumière les fonctions qu’elle remplit, afin de comprendre sur quel fondement et dans quel but elle est susceptible d’être mise en œuvreThe "accessory theory" is a legal rule that tends to suggest that the accessory has to follow the principal. Even though it had been increasingly invoked in administrative law, it has been used in a somewhat impressionistic way. In order to better understand it and facilitate its application, this study aims to figure out when, how and why this theory applies in French administrative law
Books on the topic "Administrative contracts theory"
1
Jean, Tirole, ed. A theory of incentives in procurement and regulation. Cambridge, Mass: MIT Press, 1993.
Find full text
2
Hart, Oliver D. The proper scope of government: Theory and an application to prisons. Cambridge, MA: National Bureau of Economic Research, 1996.
Find full text
3
1945-, Gilbert Richard J., and Jacquemin Alexis, eds. Barriers to entry and strategic competition. London: Routledge, 2001.
Find full text
4
Klein, John Douglass. Impact of Joint Ventures on Bidding for Offshore Oil. Taylor & Francis Group, 2019.
Find full text
5
Impact of Joint Ventures on Bidding for Offshore Oil. Taylor & Francis Group, 2017.
Find full text
6
Klein, John Douglass. Impact of Joint Ventures on Bidding for Offshore Oil. Taylor & Francis Group, 2017.
Find full text
7
Klein, John Douglass. Impact of Joint Ventures on Bidding for Offshore Oil. Taylor & Francis Group, 2017.
Find full text
8
Klein, John Douglass. Impact of Joint Ventures on Bidding for Offshore Oil. Taylor & Francis Group, 2017.
Find full text
9
Chunyan, Ding. Contract Formation under Chinese Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0002.
Full textAbstract:
This chapter discusses the law on contract formation in Chinese law which largely follows the UN Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. An objective approach is adopted in determining the parties’ intentions but exceptions are allowed where parties have not accurately expressed their true agreement, the contract is a sham, or one party’s intentional false expression is known to the other. For a contract to be binding, its ‘essential elements’ must be agreed (names of the parties, subject matter, and quantity); other terms may be agreed by the parties after the conclusion of the contract or, failing that, determination by the court. In reality, however, courts use soft laws and the nature of the contract, to augment what is required. A purported acceptance which makes a ‘non-material’ alteration to the content of the offer can bind the offeror unless the offeror timely rejects it, but there is little scope for non-materiality. Nevertheless, even a materially varied acceptance can bind if the original offeror’s performance amounts to acceptance where the usage of transaction or the express terms of the offer allows acceptance by conduct. Furthermore, courts show willingness to recognize an acceptance by conduct of performance beyond these two situations. There is no general requirement of form for a valid contract, although exceptionally, laws or administrative regulations may require writing or approval/registration. There is no general requirement of consideration; gratuitous contracts are enforceable. However, the latter attract far less legal force than onerous contracts. An offer is irrevocable only if it is an option or if the offeree reasonably believes the offer is irrevocable and has made preparations for the performance of the contract. An acceptance takes effect only when it arrives. A late acceptance that is not attributed to the offeree is ineffective unless the offeror gives timely notice of its intention to ratify the acceptance. Electronic means of communication are treated in the same way as paper-based communications with specific rules to determine the time and place of contract formation and the validity of electronic signature. Reliance-based pre-contractual liability may be imposed, on the basis of the requirement of good faith, in the circumstances including negotiating with no intention of concluding a contract, intentional concealment of material facts, or breach of confidentiality.
10
Endicott, Timothy. Administrative Law. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893567.001.0001.
Full textAbstract:
Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.
Book chapters on the topic "Administrative contracts theory"
1
Brown, Marvin T. "Our Humanity." In Library of Public Policy and Public Administration, 31–44. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-77363-2_3.
Full textAbstract:
AbstractNeurobiological research highlights the significance of our physical existence as feeling, conscious, and purposeful beings. Antonio Damasio describes the core self as a witness to one’s own purposeful existence—a possible location for the notion of human dignity. In contrast to the notion of the isolated individual, Damasio defines the self as a conductor created by an orchestra. Daniel Siegel sees the self as a composite entity determined by the flow of information and energy among internal and external events and responses. He also points out the significance of Attachment theory is revealing our need, like other primates, of a secure base; grounded in social relationships with others.
2
Rabossi, Marcelo, Ariadna Guaglianone, and Alex Markman. "Internationalization of Higher Education in Argentina upon the Arrival of COVID-19: Reactions and Lessons from the Perspective of International Relations Office." In The Impact of Covid-19 on the Institutional Fabric of Higher Education, 199–221. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-26393-4_8.
Full textAbstract:
AbstractThe interdependence between countries in relation to the production and transfer of knowledge has grown steadily since the 1980s. As a result, in the past two decades the number of students crossing borders to pursue an education abroad skyrocketed. However, the arrival of COVID-19 in early 2020 imposed a series of restrictions on this exponential expansion. Closed borders and semi-frozen economies resulted in unprecedented challenges for university administrators. The International Relations Offices (IROs), responsible for the promotion and administration of collaboration agreements, nobilities, joint academic activities, international positioning, and overseas student recruitment, were especially challenged by the pandemic and its consequences. This chapter’s objective is to assess how the IROs reacted and shifted their activities in response to the restrictions in global mobility brought about by COVID-19. To capture this behavior, we conducted a series of interviews with key actors at two public and two private universities in Argentina. To contrast theory and evidence, we used some principles that emerge from Resilience Theory.
3
Loeber, Anne, Michael J. Bernstein, and Mika Nieminen. "Implementing Responsible Research and Innovation: From New Public Management to New Public Governance." In Putting Responsible Research and Innovation into Practice, 211–28. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14710-4_11.
Full textAbstract:
AbstractThe European Commission’s pursuit of “Responsible Research and Innovation” (RRI) and its implementation in the European Research Area serve to investigate how ambitious policy goals can be conveyed into action. Challenging about implementing policy is the need to foster coherence in the interpretation of policy goals while coordinating their elaboration in practice. This chapter identifies the European Commission’s approach to implementing RRI as a case of New Public Management, and contrasts this with efforts at ‘bottom-up’ RRI implementation. Experiments with involving researchers and other stakeholders in designing and executing concrete RRI actions that fit their professional setting are understood as manifestations of a New Public Governance approach to implementing RRI policy. It is found that such deliberation of policy concepts and goals, and their concretization in a context-specific learning-by-doing approach practically enables the uptake of normative policy ambitions in networks of interdependent, non-hierarchically related actors across diverse substantive and administrative contexts.
4
Deakin, Simon, and Jonathan Michie. "The Theory and Practice of Contracting." In Contracts, Co-operation, and Competition, 1–39. Oxford University PressOxford, 1997. http://dx.doi.org/10.1093/oso/9780198292661.003.0001.
Full textAbstract:
Abstract If there is a single strand which runs through the changes wrought by the neoliberal revolution in economic policy and management in Britain over the past two decades, it is the revival of contract as the foremost organizing mechanism of economic activity. The process which began with privatization and deregulation has been transformed into a radical reshaping of organizational forms and boundaries in both the public and private sectors. Market disciplines have taken new and strengthened forms as a result of the introduction of quasi-markets in the public health and education sectors, the separation into competing units of the former nationalized utilities, and the greater use by organizations in all sectors of outsourcing and subcontracting of goods and services. The task of overseeing these changes has fallen to competition policy, a hitherto neglected area of law and administrative practice whose influence is now felt across a growing range of economic and social issues.
5
Fierro, Paolino, Luisa Varriale, and Maria Ferrara. "Corrupt behavior in public organizations: ethics, rationalization, and socialization for an integrated reading." In Corruption, Bribery, and Money Laundering - Global Issues [Working Title]. IntechOpen, 2024. http://dx.doi.org/10.5772/intechopen.1004251.
Full textAbstract:
Corruption has been receiving an increasing attention by scholars and practitioners, also due to the growth of corrupt behaviors in both private and public organizations worldwide. Focusing the attention on public context, discretion is an unavoidable element of administrative action, which derives from the incompleteness of contracts and the information asymmetries that characterize every agency relationship. A further element of uncertainty within agency relationship is represented by subjective elements of those who commit fraudulent behaviors (rationalization) and by contextual elements that push for socialization and, therefore, acceptance by the group of such behaviors, by going to inhibit group control able to prevent its commission. Thus, the main problem arises of monitoring possible degenerations in administrative behavior. For this purpose, a combination of institutional and organizational strategies and ethical strategies could be interesting and desirable. This conceptual study provides an innovative and integrated reading of the corruption phenomenon through the lens of agency theory (AT) and organizational behavior (OB) approaches, where codes of ethics and codes of conduct play a crucial role as tools for guiding and controlling the behavior of public officials. The codes define a system of moral and reputational incentives, in addition to criminal and administrative sanctions, aimed at increasing the ethical capital of administrations and managing “gray areas” that are not adequately regulated. This chapter aims to provide an integrated framework, combining AT and OB approaches, to discuss such strategies related to ethical and social issues.
6
Lin, Chad, Yu-An Huang, Chien-Fa Li, Geoffrey Jalleh, and Ying-Chieh Liu. "A Preliminary Study of Key Factors Affecting Management and Evaluation of IT Outsourcing Contracts in Hospitals." In Healthcare Administration, 1258–78. IGI Global, 2015. http://dx.doi.org/10.4018/978-1-4666-6339-8.ch069.
Full textAbstract:
Many hospitals are experiencing pressure to improve their operational efficiency and patient safety due to escalating costs and increased competition. In order to achieve these and other business objectives, hospitals have to outsource some of their Information Technology (IT) functions to external outsourcing contractors. The scope and range of IT-related outsourcing services are also increasing, as evidenced by the promotion of Applications Service Providers (ASP), Business-to-Business (B2B) integration, cloud-drive business and IT services, desktop and helpdesk, IT infrastructure services, and software development outsourcing. However, little attention has been paid by many hospitals to the key factors that affect their IT outsourcing decision-making and negotiation processes. This is important given that the IT outsourcing can play a key role in organizational success. Moreover, contract decision-making and negotiation processes in hospitals are particularly under-studied, especially in the management and evaluation of the IT outsourcing contracts. Hence, the main objectives of this chapter are to: (1) examine and identify some key factors affecting the management and evaluation of IT outsourcing contracts in Taiwanese hospitals; and (2) propose a set of recommendations to overcome or minimize the key issues identified in this study. One contribution of the study is the recommendations provided to deal with issues that are critical in the management and evaluation of IT outsourcing contracts in hospitals.
7
Gustavo Scheffer da, Silveira, and Marolla Eugenia Cristina Cleto. "Part 2 Specific Issues of Arbitration in Brazil, 18 Construction Contracts Involving the Public Administration." In International Arbitration: Law and Practice in Brazil. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198840114.003.0018.
Full textAbstract:
This chapter explores arbitration concerning construction contracts involving the public administration in Brazil. Contractual risk allocation is a crucial part of the economy of the contract and should be respected by arbitral tribunals while deciding such disputes. In practice, and especially in contracts involving public entities, it is the owner of the (future) facility who defines the draft contract used in the bidding process and, therefore, has the first say on the allocation of risks. In preparing the contract for the public tender, the public authority, as the owner, may feel tempted to allocate the vast majority of the risks to the private party, i.e., the contractor. However, the owner should avoid the pure and simple transfer of all risks to contractors for two main reasons. Firstly, it may preclude parties from submitting bids, limiting the competition between the market players. Secondly, the bidders will take into consideration the heavy allocation of risk on them when submitting their price offers, which will significantly increase the price of the project and sometimes even affect its viability. The chapter then considers the FIDIC (International Federation of Consulting Engineers) Red Book and Brazilian Law 8,666/1993 on construction works for the public sector.
8
Stelkens, Ulrich, and Agnė Andrijauskaitė. "Introduction." In Good Administration and the Council of Europe, 1–16. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198861539.003.0001.
Full textAbstract:
The Introduction outlines the notion, the main features, the sources and the scope of the pan-European principles of good administration developed within the framework of the Council of Europe (CoE). It elaborates on their relationship to EU administrative law in describing the characteristics of EU administrative law and contrasts it with the characteristics of ‘CoE administrative law’. Moreover, the Introduction discusses the commonalities of the research on the pan-European general principles of good administration with the research on European human rights law and the quest for a ‘European rule of law’. It furthermore examines the general concepts of ‘good governance’ and ‘good administration’, the differences between them and the relevance of these notions for the research on pan-European principles of good administration. It finishes with a presentation of the effectiveness of pan-European principles of good administration as a main research question and the approach thereto taken in this book.
9
Shi, C., and B. Chen. "Coordination of a Supply Chain with Satisficing Objectives Using Contracts." In E-Supply Chain Technologies and Management, 232–51. IGI Global, 2007. http://dx.doi.org/10.4018/978-1-59904-255-8.ch012.
Full textAbstract:
Setting performance targets and managing to achieve them is fundamental to business success. As a result, it is common for managers to adopt a satisficing objective—that is, to maximize the probability of achieving some preset target profit level. This is especially true when companies are increasingly engaged in short-term relationships enabled by electronic commerce. In this chapter, our main focus is a decentralized supply chain consisting of a supplier and a retailer, both with the satisficing objective. The supply chain is examined under three types of commonly used contracts: wholesale price, buy back, and quantity flexibility contracts. Because a coordinating contract has to be Pareto optimal regardless of the bargaining powers among the agents, we first identify the Pareto-optimal contract(s) for each contractual form. Second, we identify the contractual forms that are capable of coordination of the supply chain with the satisficing objectives. In contrast to the well-known results for the supply chain with the objectives of expected profit maximization, we show that wholesale price contracts can coordinate the supply chain with the satisficing objectives, whereas buy back contracts cannot. Furthermore, quantity flexibility contracts have to degenerate into wholesale price contracts to coordinate the supply chain. This provides an important justification for the popularity of wholesale price contracts besides their simplicities and lower administration costs. Finally, we discuss possible extensions to the model by considering different types of objectives for different agents.
10
Algarni, Mohammed Ayedh. "Contract Lifecycle Management." In Advances in Business Information Systems and Analytics, 62–85. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-4501-0.ch004.
Full textAbstract:
Contract management depends on document-driven processes that, in a paper-based environment, can be laborious and inefficient. The time it takes to approve a contract can be as significant as the content preparation of the contract. Slow, manual contract processing reflects negatively on an organization's ability to provide excellent service. The contract lifecycle is defined differently from an organization to organization or even form department to another. The number of contracts and the associated documents are ramping up in this era of digital transformation. An automated, digital contract lifecycle management (CLM) can reduce the administrative burden on employees and allows legal, financial, sales, and other professionals to make better use of their expertise. This chapter shows how automation can change the organizations' behaviors to view contracts as opportunities for operational improvement and competitive advantage. It shows also how CLM can be integrated with business intelligence (BI) and data analytics systems to provide contract insights and dashboards.
Conference papers on the topic "Administrative contracts theory"
1
Almaghaslah, A. M. "Incorporating Human Aspect into Service Contract Procurement." In ADIPEC. SPE, 2023. http://dx.doi.org/10.2118/216370-ms.
Full textAbstract:
Abstract Organizations always strive to develop robust contracts to support supply chains. Depending on the size of the organizations, tens to thousands of contracts are procured to secure goods and services, including manpower. However, many disputes and penalties occur after contract awarding due to manpower qualifications not being satisfied as per contract terms and conditions (Brian, 2018). As the demand to outsource services increases, optimal safety operations require more qualified manpower. This paper introduces a new contract measure to evaluate individual safety intelligence, which represents the ability to recognize self and others safety profiles and use information and knowledge to guide thinking and behavior towards safe operations and safe working environment. Safety is always one of corporate values and is recognized as one the pillars to operational excellence models. Individuals’ safety intelligence factors can be used in contracts to assess candidates and current employees’ capabilities and interest in safety. This can help organizations which plan to outsource, to select the right staff based on their safety intelligence. Various literature reviews demonstrate the importance of human aspect to safety, but only a few shows a practical approach to measure its quality and fitness from contract administration perspective. Safety intelligence, as introduced here, can be used to guide organizations to assign qualified staff at the very early stage in a business relationship. This can optimize operations while protecting lives and assets. Contract procurement is one of the major activities that company has to perform in order to get necessary services to operations (Andrea, 2023). This paper focuses on contact procurement that includes manpower. Each organization has its own way to do the procurement but they all agree on some basic steps. Service contract procurement usually consists of 4 major steps shown in Fig. 1, namely develop service procurement plan, service procurement, contract administration, and adjust service procurement plan (Andrea, 2023).
2
Fedorov, Roman, and Nashat Nashed. "Ways to improve the implementation of public interests in the execution of an administrative contract." In Development of legal systems of Russia and foreign countries : problems of theory and practice. ru: Publishing Center RIOR, 2023. http://dx.doi.org/10.29039/02110-1-156-162.
Full textAbstract:
The article is devoted to the analysis of problems arising in the implementation of the administrative contract, based on the analysis, recommendations were formulated to improve the system of public procurement. Particular attention is paid to the need for centralized procurement.
3
Rapajić, Milan. "Prigovor u upravnom postupku i zaštita prava korisnika javnih usluga." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.683r.
Full textAbstract:
The General Administrative Procedure Act of 2016 is a truly new law that introduced a number of innovations in the system of legal remedies as well as some new types of administrative actions, such as the adoption of guarantee acts, the conclusion of administrative contracts, the provision of public services. (Admittedly, these are not the only new things, and of these, the author only pays attention to some taking into account the topic of the title work.) In the article, the author touches on a new legal remedy - a complaint. The question arises whether it is at all substantive a legal remedy or an initial act to initiate administrative proceedings. It may also be questioned whether the complaint is a apropriated form of protection for public service users. When it comes to the provision of public services, the author points out that they are not performed in the administrative procedure, and if a less detailed analysis could lead to the conclusion that this is precisely the case. There are differences between the administrative procedure and the provision of public services. The provision of public services should not be regulated by a procedural law aimed at making a decision - an administrative act in this case. The administrative procedure gives legal protection to users of public services. The author doubts the effectiveness of legal protection.
4
Grau-Pantureac, Maria. "The importance of contracts in business relationship." In 26th International Scientific Conference “Competitiveness and Innovation in the Knowledge Economy". Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/cike2022.55.
Full textAbstract:
Sometimes the administrative side of a business can seem slightly monotonous. In reality, however, it is fundamental to the success and growth of a business. In addition to the legal entity and tax and accounting matters, contracts and their provisions are equally important. Issuing legally correct contracts ensures results as expected, performed obligations and helps in unforeseen situations. The purpose of this research is to carry out a multifaceted analysis of the subject under investigation, a contract is a legal act consisting of a will agreement concluded between two or more persons in order to create, modify or extinguish legal relationships. Research methods. The basic method used to find the sources needed for the study, as well as for the interpretation and systematization of the latest concepts and ideas was the bibliographic method. At the same time, analysis and synthesis, induction and deduction, generalization were used in the research, which created objective, true visions about the principles of legal responsibility and its functional structure. At the same time, analysis and synthesis, induction and deduction, generalization etc. used in the research created objective, true visions about the principles of legal responsibility and its functional structure. Research results. Following the research of the proposed objectives we have managed to analyze the importance of contracts in business relationship in several aspects: definition of the norm, formation, scoring of distinctive features, advantages and disadvantages.
5
McFarlane, Wayne G., and Allen Marsollier. "Effective Use of an Alliance to Deliver Pipeline Maintenance Services." In 2002 4th International Pipeline Conference. ASMEDC, 2002. http://dx.doi.org/10.1115/ipc2002-27394.
Full textAbstract:
Pipeline companies face a difficult task in cost-effectively managing pipeline maintenance activities. Complexity is introduced due to geographical expanse, remote locations, access to qualified contractors and the desire to hire locally, and contract management of available suppliers. Pipeline companies have traditionally provided maintenance activities through in-house resourcing, or management of a multitude of available contractors. With increasing efforts to focus in-house resources on core pipeline operations, there has been a corresponding shift in moving noncore maintenance activities to outside providers. This has introduced an increase in administration costs associated with supplier qualification activities, document management and payment processing. TransCanada PipeLines Limited has developed a model where core skills have been retained to perform critical activities in-house and less essential services have been contracted out, along with the management of the subcontracts. This model relies on a central dispatch service along with a large base of subcontractors strategically located along our pipeline system to provide these services. The process involves two basic steps — managing subcontractors and performing work. Managing subcontractors is the key to the process. This part of the process proactively provides TransCanada with qualified subcontractors at the right place, the right time and for the best price. This paper will discuss the alliance model we’ve implemented in conjunction with Ledcor Industrial Maintenance Ltd. for contracted services and how this arrangement is crucial to our success in managing maintenance activities cost effectively. We will describe the model, how it was developed and implemented, how it works and some of the benefits that make it a successful contribution to regional operations. We will also discuss some of the key lessons learned. Further details on the process will be presented, along with the bottom-line benefits associated with this type of relationship.
6
Silva, P. M., N. Domingo, and N. A. N. Ameer Ali. "Quantitative analysis of construction-related legal cases in New Zealand." In World Construction Symposium - 2023. Ceylon Institute of Builders - Sri Lanka, 2023. http://dx.doi.org/10.31705/wcs.2023.72.
Full textAbstract:
The construction industry in New Zealand (NZ) plays a significant role in the country's economy. Similar to many other countries around the world, the construction industry in NZ is also prone to many disputes, which sometimes end up in courts. To investigate comprehensively about the disputes in the construction industry, several researchers have analysed court cases internationally. There is only a limited number of studies in NZ construction industry that followed court case analysis. This study has been carried out in search of quantitative aspects of 35 construction industry-related court cases in NZ. Based on the studied 35 court cases in NZ, majority of them has fallen into the area of payment issues, quality of works and variation entitlements. Poor contract understanding and administration, contractor's quality of work and poor contract arrangement have been identified as the most recurring primary causes of disputes. Further, the majority of cases that were heard before NZ courts had followed lumpsum contracts and traditional procurement route. The findings of this study is beneficial to the construction industry practitioners to avoid disputes by early identification of common issues in the industry.
7
Hegazy, Mahmoud Ibrahim, Kamel Abdelhamid Alsawi, Mohamed Said Atwa, Mahmoud Sayed Sayed, Mohebat Mady Bakeer, Ramy Sayed Rezk, and Ahmed Mohamed Fouda. "How to Achieve Operational Excellence through Digital Transformation." In Gas & Oil Technology Showcase and Conference. SPE, 2023. http://dx.doi.org/10.2118/214140-ms.
Full textAbstract:
Abstract Achieving operational excellence in oil and gas industry has a great importance due to their high impact on operational efficiency and effectiveness by proper use of human resources, process, innovation and technology which will positively support the quick decision making, eliminate wastes, maximize the system capacities, optimizing the expenditures and resources. Methods, Procedures, Process Operation Management System is an inhouse customized cost-effective software to collect, organize, calculate, allocate and analyze big data from different disciplines which helps oil and gas company operations in many ways to overcome business challenges, data management, enhance workflow efficiency, integrate between different disciplines, save time and cost. Each discipline in each company uses its own workflow and data processing technique which may leave gaps in the interconnections between them. These gaps require work duplication to cover overlap areas. Results, Observations, Conclusions Using Operations Management system achieves Generate Global database for all company assets production for better management for asset, well performance, target achievements and automatic notifications for targets over dues DFL, well tests, etc. also, allocate all wells in GIS Map for easy and quick access to well data. It provides cost control tool over the contract by real-time allocation for actual costs and invoices. Digitalizing all the contracts data and track contract administrative. It provides a smart notifications tool for contracts list that will be expired after 6 months. Real-time allocation for expenditures over the budget accounts directly from invoices and warehouse modules. it shows budget inception to date, Variance and forecast with option to display cost breakdown just by one click. Smart Tool for Tracking Invoices process as per Company Cycle to make use of early payment discounts. Automatic review for invoices as per cost reference (Contract or purchase orders) and allocate actual cost directly to both budget accounts and contract. Manages the process of administering receiving, issuing and approving the tenders of the business. It also provides access to all the tender archived data. Novel/Additive Information It helps to detect problems sooner, boost collaboration and improve responses, for safer, more reliable, and more efficient operations.
8
Pazdnikova, Natalya. "PURCHASING IN RUSSIAN CITIES: MODERN PRACTICE AND TRENDS." In MODERN CITY: POWER, GOVERNMENT, ECONOMY. Digital Transformation State and Municipal Administration. Perm National Research Polytechnic University, 2021. http://dx.doi.org/10.15593/65.049-66/2021.11.
Full textAbstract:
The purpose of the article is to show the need to study the problems of assessing the effectiveness of procurement activities in Russian regions and their cities. The selection and formation of a system of possible indicators used in the assessment is important for understanding the problems, current trends and future threats. The research was carried out on the basis of comparative and factor analysis, as well as expert judgment. The article proposes the author's system of indicators: the level of financing of procurement activities or savings on concluded con-tracts, the number of schedules, the number of placed contracts. The obtained results of the study demonstrate a number of contradictions in the studied regions, which are also intensified by external and internal factors, the solution of which is simply necessary.
9
Hsieh, Yi-jhan. "Economic Analysis and Policy Suggestions for Prenatal Screening and Diagnosis on Down's Syndrome in China." In 2022 International Conference on Economic Administration and Information Systems. Clausius Scientific Press, 2022. http://dx.doi.org/10.23977/eais2022.020.
Full textAbstract:
Down Syndrome is a disease that can cause a significant economic burden on both society and individual families. It has a relatively high incidence compared to other conditions, but it can be detected with the proper use of prenatal screening and diagnostic tests. This paper conducted a cost-benefit analysis, cost-effectiveness analysis with the Incremental Cost-Effectiveness Ratio (ICER), a Criteria Importance through Intercriteria Correlation (CRITIC) model. Through using a Technique for Order of Preference by Similarity to Ideal Solution (TOPSIS) model to evaluate and compare the three different prenatal diagnostic tests for DS, amniocentesis, noninvasive prenatal testing (NIPT), and chorionic villus sampling (CVS). The result showed that amniocentesis and CVS are both cost-benefit and cost-effective, ranking the first in the CRITIC and TOPSIS models, with amniocentesis having a more significant lead. In contrast, NIPT has a negative net benefit and is not cost-effective, ranking third in both models. Amniocentesis should be compulsory in China, with the government covering $402 and individual families paying $98. Choices should be given to individual families if they are willing to pay more to take NIPT if they are worried about the risk of invasive amniocentesis. People with autoimmune diseases and other diseases that can increase the risk of miscarriage with an invasive test should be provided with NIPT with the government covering the extra fee. A selection system with the prenatal test for DS as the default choice is another option for policy implementation based on the nudge theory. This policy can release around $8,265,075,000 economic burden on the society and $1,100,000,000 on individual families annually in China, creating more economic value for the rapidly growing country.
10
Sandagomika, N. M. G. H., and Y. G. Sandanayake. "A MODEL FOR HUMAN CAPACITY BUILDING OF LARGE-SCALE CONTRACTORS TO FOSTER LEAN CONSTRUCTION IN SRI LANKA." In The 9th World Construction Symposium 2021. The Ceylon Institute of Builders - Sri Lanka, 2021. http://dx.doi.org/10.31705/wcs.2021.2.
Full textAbstract:
People are at the core of lean implementation more than a set of tools and techniques. Several studies reflect that implementing lean to the construction industry heavily relies on the knowledge and skills of the people and how they respond to changes. Several studies have reflected that building human capacities as one of the most prominent considerations to foster lean concept in construction industry. However, there is a lack of empirical investigation on human capacities and strategies to build human capacities for successful lean construction implementation of large-scale contractors. Therefore, the purpose of this paper is to investigate the human capacities to be built in order to implement lean concept and propose organisational level strategies to build those capacities in large-scale contractors of Sri Lanka to foster lean construction. A qualitative approach was adopted as the research approach and case study was the selected research strategy. Fifteen respondents from three cases were interviewed to gather in-depth input to the study and collected data were analysed using code-based content analysis with NVivo 12 Software. The study identified positive attitudes, values, commitment, trust, adopt to cultural change, physical fitness, technical skills, and team building as human capacities necessary for unskilled and craft level workers. Positive attitudes, managerial and technical skills, team building, communication skills, knowledge, commitment, social skills and interest in new concepts were recognised as human capacities of administrative and professional and managerial levels. Several strategies that can be used by the contractors to build the above capacities have been summarised into a model. The final model presents the unskilled, craft, administrative, and professional & managerial level human capacities to be built by large scale contractors and strategies to be used for building those capacities to foster lean in construction industry.
Reports on the topic "Administrative contracts theory"
1
Samaniego de la Parra, Brenda, Andrea Otero-Cortés, and Leonardo Fabio Morales. The Labor Market Effects of Part-Time Contributions to Social Security: Evidence from Colombia. Banco de la República, October 2021. http://dx.doi.org/10.32468/dtseru.302.
Full textAbstract:
In 2014, Colombia implemented a policy that added flexibilization to labor contracts for part-time workers that reduced the quasi-fixed costs of employing formal workers. We find that the reform increased the probability of entering the formal sector within the targeted population: low-wage, part-time workers. We use administrative employer-employee matched data and leverage variation across cities and industries in demand for part-time work before the reform. We find that, after the tax reform, the change in the total number of formal workers is 6 percentage points higher at firms that use the new contracts relative to their counterparts that choose not to hire low-wage, formal, part-time workers under the new tax form. Mean daily wages temporarily declined after the reform.
2
Castro, Claudio de Moura. The Stubborn Trainers vs. The Neoliberal Economists: Will Training Survive the Battle? Inter-American Development Bank, June 1998. http://dx.doi.org/10.18235/0008799.
Full textAbstract:
This paper discusses problems with demand-driven training in Latin America. With the collapse of the supply-driven training model, a difficult adjustment was required to redeploy training program efforts to new markets and to the informal sector. This paper employs examples of Latin American governments responding to the demand of training institutions by radically changing their approach. Instead of trying to control institutions by administrative means, one of the changes they made was to implement more contract training systems. Lastly, the paper concludes with observations on what may happen to these institutional training programs in lieu of budget cuts.
3
Pu, Fenglan, Tianli Li, Yingqiao Wang, Chunmei Tang, Chen Shen, and Jianping Liu. Cordyceps preparations for preventing contrast-induced nephropathy: A protocol of systematic review of randomized controlled trials. INPLASY - International Platform of Registered Systematic Review and Meta-analysis Protocols, June 2022. http://dx.doi.org/10.37766/inplasy2022.6.0098.
Full textAbstract:
Review question / Objective: To systematically evaluate the efficacy and safety of cordyceps preparations as a complementary preventive therapy for Contrast-induced nephropathy (CIN). Condition being studied: At present, contrast agents are widely used in diagnostic and interventional radiology examinations worldwide. However, they can affect kidney function and cause a risk of renal impairment. Contrast-induced nephropathy (CIN) is defined as a rise in serum creatinine (SCr) levels by ≥ 25% of baseline or 44 µmol/l from the pre-contrast value within 72 h of intravascular administration of a contrast agent in the absence of an alternative etiology. The incidence of CIN varies widely among studies depending on study population and baseline risk factors, as for high-risk groups such as pre-existing renal insufficiency, diabetes, advanced age, or receiving nephrotoxic agents, the incidence is up to 30–50%. To date, CIN has been the third most common cause of hospital-acquired renal failure, after impaired renal perfusion and nephrotoxic medications, which can lead to longer hospital stay, increased costs and higher mortality.
4
Gallien, Max, Umair Javed, and Vanessa van den Boogaard. Between God, the People, and the State: Citizen Conceptions of Zakat. Institute of Development Studies, May 2023. http://dx.doi.org/10.19088/ictd.2023.027.
Full textAbstract:
The global pool for zakat – one of the five pillars of Islam mandating an annual payment typically equivalent to 2.5 per cent of an individual’s productive wealth – is estimated to make up between USD 200 billion and 1 trillion. States have long sought to harness zakat for their own budgets – and legitimacy. To date, however, there has been no systematic empirical discussion of how citizens perceive and engage with state involvement in zakat and how they perceive state-run zakat funds. These perceptions and experiences are central to important questions of how we conceptualise fiscal transfers and the relationship between citizens and states: if it is legally treated as one, does zakat function like a tax? Do citizens engage with it differently? Does its formalisation strengthen or undermine the social norms in which it is embedded? This paper provides, to the best of our knowledge, the first comparative analysis of how citizens in Muslim-majority countries conceptualise zakat, attempting to situate it between religion, charity, and the state. We do so in the context of three lower middle-income countries (LMICs) – Morocco, Pakistan, and Egypt – representing variation in state involvement in zakat, relying on nationally representative surveys covering 5,484 respondents, of whom 2,648 reported that they had paid zakat in the preceding 12 months. Despite heterogeneity in state practice across the three countries, and in contrast to our expectations, we find commonalities in how citizens perceive zakat. Across our cases, citizens understand zakat as existing beyond the state, even where the state is involved in zakat administration and enforcement. Rather than viewing it as a legal obligation akin to taxation or merely as a charitable payment, Muslims across diverse religious and institutional contexts predominately conceive of zakat as a form of informal tax, rooted in social pressures and sanctions in the afterlife, but existing beyond the limits of state authority. This has important conceptual implications for the study of public finance, which has been predominately state-centric, while suggesting that there are clear limits to states’ ability to harness zakat payments into public finance systems. It also suggests clear limits to the ability of states to ‘harness’ zakat as a fiscal tool through centralised administration or mandated enforcement.
5
Smallridge, Diana, and Malcom Stephens. A Study on the Activities of IFIs in the Area of Export Credit Insurance and Export Finance. Inter-American Development Bank, September 2002. http://dx.doi.org/10.18235/0008568.
Full textAbstract:
Export Credit Agencies (ECAs) play a role of central importance in international trade and investment flows. ECAs are a vital part of the infrastructure supporting trade and have often been considered to be a critical component in a nation's export-led growth strategy. The basic role of an ECA is to support and encourage exports and outward investment by insuring international trade and investment transactions and, in some cases, providing finance directly. One of the most common and most challenging problems that ECAs face is what to do about small exporters. Small exporters are a significant and politically sensitive subject in most countries for various reasons and not necessarily because they make a substantial or potentially substantial contribution to total exports. Facilities tailored to small exporters may be costly to operate largely because of diseconomies of scale: administrative costs per contract may be as high as those for larger exporters, yet income per contract is likely to be lower. The International Financial Institutions (IFIs) have played an increasingly active role in the area of export credit insurance and finance, but the extent and nature has varied significantly between individual IFIs. Helping to establish and support an ECA in the difficult early days has been recognized as an important role for IFIs. Moreover, IFIs can play a part in helping to address gaps in the availability of trade finance and working capital -especially for Small and Medium-Sized Enterprises (SMEs)- which can exist and which can be helped by trade facilitation arrangements of various kinds. IFIs have been active in developing programs to assist in national and regional trade development and facilitation efforts. Access to and availability of appropriate financial tools, including export credit facilities, have been components of some of these efforts. IFIs, even with their relatively modest involvement in supporting the export credit field, have taken a variety of different approaches. With trade a key agenda item for IFIs, it seems inevitable that there will be a continuing and even growing focus on trade finance systems, including export credit schemes. Looking at the experience of other IFIs, it seems that the most successful facilities and initiatives were designed to meet specific rather than general objectives problems; and worked with existing market practices and documentation and did not seek to reinvent mechanisms or to apply unduly complicated documentation or practices.
6
Ferreyra, Maria Marta, Carlos Garriga, Juan D. Martin-Ocampo, and Angélica María Sánchez Díaz. Raising College Access and Completion: How Much Can Free College Help? Banco de la República de Colombia, February 2021. http://dx.doi.org/10.32468/be.1155.
Full textAbstract:
Free college proposals have become increasingly popular in many countries of the world. To evaluate their potential effects, we develop and estimate a dynamic model of college enrollment, performance, and graduation. A central piece of the model, student effort, has a direct effect on class completion, and an indirect effect in mitigating the risk of not completing a class or not remaining in college. We estimate the model using rich, student-level administrative data from Colombia, and use the estimates to simulate free college programs that differ in eligibility requirements. Among these, universal free college expands enrollment the most, but it does not affect graduation rates and has the highest per-graduate cost. Performance-based free college, in contrast, delivers a slightly lower enrollment expansion yet a greater graduation rate at a lower per-graduate cost. Relative to universal free college, performance-based free college places a greater risk on students but is precisely this feature that delivers better outcomes. Nonetheless, the modest increase in graduation rates suggests that additional, complementary policies might be required to elicit the large effort increase needed to raise graduation rates.
7
Kurmann, André, Étienne Lalé, and Lien Ta. Measuring Small Business Dynamics and Employment with Private-Sector Real-Time Data. CIRANO, August 2022. http://dx.doi.org/10.54932/xsph3669.
Full textAbstract:
The COVID-19 pandemic has led to an explosion of research using private-sector datasets to measure business dynamics and employment in real-time. Yet questions remain about the representativeness of these datasets and how to distinguish business openings and closings from sample churn – i.e., sample entry of already operating businesses and sample exits of businesses that continue operating. This paper proposes new methods to address these issues and applies them to the case of Homebase, a real-time dataset of mostly small service-sector sector businesses that has been used extensively in the literature to study the effects of the pandemic. We match the Homebase establishment records with information on business activity from Safegraph, Google, and Facebook to assess the representativeness of the data and to estimate the probability of business closings and openings among sample exits and entries. We then exploit the high frequency / geographic detail of the data to study whether small service-sector businesses have been hit harder by the pandemic than larger firms, and the extent to which the Paycheck Protection Program (PPP) helped small businesses keep their workforce employed. We find that our real-time estimates of small business dynamics and employment during the pandemic are remarkably representative and closely fit population counterparts from administrative data that have recently become available. Distinguishing business closings and openings from sample churn is critical for these results. We also find that while employment by small businesses contracted more severely in the beginning of the pandemic than employment of larger businesses, it also recovered more strongly thereafter. In turn, our estimates suggests that the rapid rollout of PPP loans significantly mitigated the negative employment effects of the pandemic. Business closings and openings are a key driver for both results, thus underlining the importance of properly correcting for sample churn.
8
Bolton, Laura. The Economic Impact of COVID-19 in Colombia. Institute of Development Studies (IDS), February 2021. http://dx.doi.org/10.19088/k4d.2021.073.
Full textAbstract:
Available data provide a picture for the macro-economy of Colombia, agriculture, and infrastructure. Recent data on trends on public procurement were difficult to find within the scope of this rapid review. In 2020, macro-level employment figures show a large drop between February and April when COVID-19 lockdown measures were first introduced, followed by a gradual upward trend. In December 2020, the employment rate was 4.09 percentage points lower than the employment rate in December 2019. Macro-level figures from the National Administrative Department of Statistics (DANE) show that a higher percentage of men experienced job losses than women in November 2020. However, the evidence presented by the Universidad Nacional de Colombia based on the DANE great integrated house survey shows that a higher proportion of all jobs lost were lost by women in the second quarter. It may be that the imbalance shifted over time, but it is not possible to directly compare the data. Evidence suggests that women were disproportionately more burdened by home activities due to the closure of schools and childcare. There is also a suggestion that women who have lost out where jobs able to function during lockdowns with technology are more likely to be held by men. Literature also shows that women have lower levels of technology literacy. There is a lack of reliable data for understanding the economic impacts of COVID-19 for people living with disabilities. A report on the COVID-19 response and disability for the Latin America region recommends improving collaboration between policymakers and non-governmental organisations. Younger people experienced greater job losses. Data for November 2020 show 3.3 percent of the population aged under 25 lost their job compared to 1.8 percent of those employed between 24 and 54. Agriculture, livestock, and fishing increased by 2.8% in 2020 compared to 2019. And the sector as a whole grew 3.4% between the third and fourth quarters of 2020. In terms of sector differences, construction was harder hit by the initial mobility restrictions than agriculture. Construction contracted by 30.5% in the second quarter of 2020. It is making a relatively healthy recovery with reports that 84% of projects being reactivated following return to work. The President of the Colombian Chamber of Construction predicting an 8.4% growth in the construction of housing and other buildings in 2021.
9
Kahima, Samuel, Solomon Rukundo, and Victor Phillip Makmot. Tax Certainty? The Private Rulings Regime in Uganda in Comparative Perspective. Institute of Development Studies, January 2021. http://dx.doi.org/10.19088/ictd.2021.001.
Full textAbstract:
Taxpayers sometimes engage in complex transactions with uncertain tax treatment, such as mergers, acquisitions, demergers and spin-offs. With the rise of global value chains and proliferation of multinational corporations, these transactions increasingly involve transnational financial arrangements and cross-border dealings, making tax treatment even more uncertain. If improperly structured, such transactions could have costly tax consequences. One approach to dealing with this uncertainty is to create a private rulings regime, whereby a taxpayer applies for a private ruling by submitting a statement detailing the transaction (proposed or completed) to the tax authority. The tax authority interprets and applies the tax laws to the requesting taxpayer’s specific set of facts in a written private ruling. The private ruling offers taxpayers certainty as to how the tax authority views the transaction, and the tax treatment the taxpayer can expect based on the specific facts presented. Private rulings are a common feature of many tax systems around the world, and their main goal is to promote tax certainty and increase investor confidence in the tax system. This is especially important in a developing country like Uganda, whose tax laws are often amended and may not anticipate emerging transnational tax issues. Private rulings in Uganda may be applied for in writing prior to or after engaging in the transaction. The Tax Procedures Code Act (TPCA), which provides for private rulings, requires applicants to make a full and true disclosure of the transaction before a private ruling may be issued. This paper evaluates the Ugandan private rulings regime, offering a comparative perspective by highlighting similarities and contrasts between the Ugandan regime and that of other jurisdictions, including the United States, Australia, South Africa and Kenya. The Ugandan private rulings regime has a number of strengths. It is not just an administrative measure as in some jurisdictions, but is based on statute. Rulings are issued from a central office – instead of different district offices, which may result in conflicting rulings. Rather than an elaborate appeals process, the private ruling is only binding on the URA and not on the taxpayer, so a dissatisfied taxpayer can simply ignore the ruling. The URA team that handles private rulings has diverse professional backgrounds, which allows for a better understanding of applications. There are, however, a number of limitations of the Ugandan private rulings system. The procedure of revocation of a private ruling is uncertain. Private rulings are not published, which makes them a form of ‘secret law’. There is no fee for private rulings, which contributes to a delay in the process of issuing one. There is understaffing in the unit that handles private rulings. Finally, there remains a very high risk of bias against the taxpayer because the unit is answerable to a Commissioner whose chief mandate is collection of revenue. A reform of the private rulings regime is therefore necessary, and this would include clarifying the circumstances under which revocation may occur, introducing an application fee, increasing the staffing of the unit responsible, and placing the unit under a Commissioner who does not have a collection mandate. While the private rulings regime in Uganda has shortcomings, it remains an essential tool in supporting investor confidence in the tax regime.
10
Bourrier, Mathilde, Michael Deml, and Farnaz Mahdavian. Comparative report of the COVID-19 Pandemic Responses in Norway, Sweden, Germany, Switzerland and the United Kingdom. University of Stavanger, November 2022. http://dx.doi.org/10.31265/usps.254.
Full textAbstract:
The purpose of this report is to compare the risk communication strategies and public health mitigation measures implemented by Germany, Norway, Sweden, Switzerland, and the United Kingdom (UK) in 2020 in response to the COVID-19 pandemic based on publicly available documents. The report compares the country responses both in relation to one another and to the recommendations and guidance of the World Health Organization where available. The comparative report is an output of Work Package 1 from the research project PAN-FIGHT (Fighting pandemics with enhanced risk communication: Messages, compliance and vulnerability during the COVID-19 outbreak), which is financially supported by the Norwegian Research Council's extraordinary programme for corona research. PAN-FIGHT adopts a comparative approach which follows a “most different systems” variation as a logic of comparison guiding the research (Przeworski & Teune, 1970). The countries in this study include two EU member States (Sweden, Germany), one which was engaged in an exit process from the EU membership (the UK), and two non-European Union states, but both members of the European Free Trade Association (EFTA): Norway and Switzerland. Furthermore, Germany and Switzerland govern by the Continental European Federal administrative model, with a relatively weak central bureaucracy and strong subnational, decentralised institutions. Norway and Sweden adhere to the Scandinavian model—a unitary but fairly decentralised system with power bestowed to the local authorities. The United Kingdom applies the Anglo-Saxon model, characterized by New Public Management (NPM) and decentralised managerial practices (Einhorn & Logue, 2003; Kuhlmann & Wollmann, 2014; Petridou et al., 2019). In total, PAN-FIGHT is comprised of 5 Work Packages (WPs), which are research-, recommendation-, and practice-oriented. The WPs seek to respond to the following research questions and accomplish the following: WP1: What are the characteristics of governmental and public health authorities’ risk communication strategies in five European countries, both in comparison to each other and in relation to the official strategies proposed by WHO? WP2: To what extent and how does the general public’s understanding, induced by national risk communication, vary across five countries, in relation to factors such as social capital, age, gender, socio-economic status and household composition? WP3: Based on data generated in WP1 and WP2, what is the significance of being male or female in terms of individual susceptibility to risk communication and subsequent vulnerability during the COVID-19 outbreak? WP4: Based on insight and knowledge generated in WPs 1 and 2, what recommendations can we offer national and local governments and health institutions on enhancing their risk communication strategies to curb pandemic outbreaks? WP5: Enhance health risk communication strategies across five European countries based upon the knowledge and recommendations generated by WPs 1-4. Pre-pandemic preparedness characteristics All five countries had pandemic plans developed prior to 2020, which generally were specific to influenza pandemics but not to coronaviruses. All plans had been updated following the H1N1 pandemic (2009-2010). During the SARS (2003) and MERS (2012) outbreaks, both of which are coronaviruses, all five countries experienced few cases, with notably smaller impacts than the H1N1 epidemic (2009-2010). The UK had conducted several exercises (Exercise Cygnet in 2016, Exercise Cygnus in 2016, and Exercise Iris in 2018) to check their preparedness plans; the reports from these exercises concluded that there were gaps in preparedness for epidemic outbreaks. Germany also simulated an influenza pandemic exercise in 2007 called LÜKEX 07, to train cross-state and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007). In 2017 within the context of the G20, Germany ran a health emergency simulation exercise with WHO and World Bank representatives to prepare for potential future pandemics (Federal Ministry of Health et al., 2017). Prior to COVID-19, only the UK had expert groups, notably the Scientific Advisory Group for Emergencies (SAGE), that was tasked with providing advice during emergencies. It had been used in previous emergency events (not exclusively limited to health). In contrast, none of the other countries had a similar expert advisory group in place prior to the pandemic. COVID-19 waves in 2020 All five countries experienced two waves of infection in 2020. The first wave occurred during the first half of the year and peaked after March 2020. The second wave arrived during the final quarter. Norway consistently had the lowest number of SARS-CoV-2 infections per million. Germany’s counts were neither the lowest nor the highest. Sweden, Switzerland and the UK alternated in having the highest numbers per million throughout 2020. Implementation of measures to control the spread of infection In Germany, Switzerland and the UK, health policy is the responsibility of regional states, (Länders, cantons and nations, respectively). However, there was a strong initial centralized response in all five countries to mitigate the spread of infection. Later on, country responses varied in the degree to which they were centralized or decentralized. Risk communication In all countries, a large variety of communication channels were used (press briefings, websites, social media, interviews). Digital communication channels were used extensively. Artificial intelligence was used, for example chatbots and decision support systems. Dashboards were used to provide access to and communicate data.