Competence of the Competition Council of the Republic of Latvia
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Abstract
The author formulates the argumented proposals using the historically comparative and dogmatically comparative as -well as the systemic research methods in this report, which can be used in the process of the improvement of legal acts (laws, regulations), defining the competence of administrative institutions (authorities), especially defining the competence of The Competition Council of the Republic of Latvia.
Alongside the traditional assumption that the competence is the status of the institution and its rights and duties, it is offered to get acquainted with another approach in which reflecting the activity of the institution, we can see all competence elements in total. The author uses the comparison of the points of view of different scientists of administrative law, in order to provoke discussion about the essence and content of the competence.
In the given report there is offered only an insight how the competence of this important administrative institution is defined much closer to the theoretical basis in the regulations in force. The author considers that in prepared legal acts all offered competence elements should be used. Irrespective of the place of administrative institution in the hierarchy of public administration, the constant competence should be defined for each institution, which could be supplemented with separate elements, but not changing the aim of the activity and not declining responsibility.
It is very essential to define the aim of activity in material administrative law coordinating with the administrative procedural principles and law. As the next element of competence, subordinated to the aim, is defining tasks. Resulting from them there should be envisaged the administrative functions (functions realised by The Competition Council of the Republic of Latvia as executive institution) in the legal statements of competence. There should be regulated authority and discretionary power for the successful activity of this administrative institution.
Taking into account the place of the institution in the public administrative system, there should be defined exactly the rights and duties of The Competition Council of the Republic of Latvia in the legal statement about the competence. There is particular significance in general to the determination of responsibility (accountability), but it should be defined as a legal, but not political liability about the conduct of the institution.
In the given paper there is offered the possible definition of the competence of the administrative institution, which could be used in scientific research, as well as to work out new legal statements.
Alongside the traditional assumption that the competence is the status of the institution and its rights and duties, it is offered to get acquainted with another approach in which reflecting the activity of the institution, we can see all competence elements in total. The author uses the comparison of the points of view of different scientists of administrative law, in order to provoke discussion about the essence and content of the competence.
In the given report there is offered only an insight how the competence of this important administrative institution is defined much closer to the theoretical basis in the regulations in force. The author considers that in prepared legal acts all offered competence elements should be used. Irrespective of the place of administrative institution in the hierarchy of public administration, the constant competence should be defined for each institution, which could be supplemented with separate elements, but not changing the aim of the activity and not declining responsibility.
It is very essential to define the aim of activity in material administrative law coordinating with the administrative procedural principles and law. As the next element of competence, subordinated to the aim, is defining tasks. Resulting from them there should be envisaged the administrative functions (functions realised by The Competition Council of the Republic of Latvia as executive institution) in the legal statements of competence. There should be regulated authority and discretionary power for the successful activity of this administrative institution.
Taking into account the place of the institution in the public administrative system, there should be defined exactly the rights and duties of The Competition Council of the Republic of Latvia in the legal statement about the competence. There is particular significance in general to the determination of responsibility (accountability), but it should be defined as a legal, but not political liability about the conduct of the institution.
In the given paper there is offered the possible definition of the competence of the administrative institution, which could be used in scientific research, as well as to work out new legal statements.
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Please see Copyright and Licence Agreement for further details.
