Administrative Agreement
Administrative Arrangement - a non-administrative form of administrative action bilaterally or multilateral legal action in the field of administrative law, performed by public administration entities, and coming to a conclusion on the basis of consistent statements of will of those entities. The subject matter of the agreement is commitments (but not in the civil law) regarding the implementation of tasks in the sphere of public administration. The agreements provide for either the joint execution of the tasks imposed on the parties to the agreement or the transfer of certain tasks from one entity to another. The administrative agreement on civil law transactions distinguishes primarily the subject matter of which lies in the sphere of administrative law and not civil. Parties to the administrative agreement may be any entity of administrative law, that is, entities without legal personality. The terms of of the obligations under the agreement must lie with the parties themselves. This means that agreements can be concluded only in the sphere of action of the authorities in which they are independent.
The institution of the administrative agreement can become a widely used form:
Civil law-based administration is primarily concerned with the sphere where the administration deals with economic affairs, provides certain benefits to the public, and organizes the satisfaction of specific needs. The administration uses civil law institutions in principle for two purposes: to obtain the necessary volume of goods for the maintenance of the administrative apparatus and the possibility of benefits in kind for the benefit of the society by that apparatus. The second objective is to provide services and services of fundamental social importance which are required by the public administration. Contracts in the administration are often linked to activities of a different nature. It is sometimes preceded by an administrative act which indirectly triggers the civil law action or acts directly resulting in civil law.
It does not constitute an administrative agreement to reconcile the content of a legislative act or administrative act between administrative bodies before it is issued, even though the legislation requires the act to be issued in agreement with another body. This type of agreement is only a reconciliation of the content of the act between the authorities, eg the road to the district roads is passed by way of a resolution of the county council in consultation with the voivodship management board, after consultation with commune leaders in the area of the road.
In examining an administrative agreement at the legal level, there are some similarities to civil law actions. These groups of similarities include: freedom to make decisions on cooperation, equality of parties, lack of service or organization of the parties. The fundamental difference between these activities concerns the subject of co-operation. The subject matter of the agreement is always the matter of administrative law, not civil law. Bibliography
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