Public administration body

From Encyklopedia Administracji Publicznej

PUBLIC ADMINISTRATION BODY – a type of entity distinguished in the system of the executive and public administration in order to carry out specific public tasks defined by law, mainly in the authoritative forms. In the systemic terms, p.a.b. must have the following characteristics: 1. they are organisationally separated, 2. their competences are separated, 3. they act on behalf of and for the account of the public-law entity (e.g., state, local government), in whose structure they are separated. 4. they are entitled to use the means of authority. Organisational separation means that the body has a form defined by law that makes it a certain organisational unity and distinguishes it from other bodies or entities of the administration. The p.a.b. is defined in this way by its name, the way it manages personnel and the auxiliary apparatus (public administration office). The separation of competence means legally defined scope of activities, tasks to be performed, powers and duties. The scope of competence distinguishes the p.a.b. from other bodies and entities, determines the authorisation and commitment of the body to operate and perform certain public tasks and the extent of its responsibilities. Utilization of means of authority is manifested in the power to legislate acts of a binding force, guaranteed by the possibility of applying state coercive measures to bring them to execution. Different classifications of p.a.b. are adopted. The basic division, related to the structure of the public administration apparatus in Poland, is the distinction between state administration bodies, including governmental and local government administration bodies. Additionally, one distinguishes the supreme administrative bodies, the central and territorial (local) bodies, the deciding and auxiliary bodies, the one-person bodies (monocratic, e.g., the minister, the village mayor) and the collegial bodies (e.g., the council of ministers, the municipal council). Functional understanding of p.a.b. is adopted in administrative proceedings [ A. Mirska ].

Literature: E. Ochendowski, Prawo administracyjne, część ogólna [Administrative law; general part], Toruń 2013.