Original scientific paper
On the notion of “AN OFFICIAL”
Ivo Borković
; Faculty of Law, Univesity of Split, Split, Croatia
Abstract
The notion of an official makes the central notion of the law of officials. However this notion has been differently defined in theory nad varies in its practical usage, so that as it happens varions contents are covered by the same notion or are different notions being usedfor the same content. Because of that it might be said that defining of the notion of an official makes one among the most complex and the most difficult tasks of the theory of the administrative law and the law of officiais. Already in its linguistic meaning this notion is given and used differently with a consequence that in every language varions expressions are used to denote the persons who perform some public functions. In the legal theory the definition of the notion of an official is being approached mainly from the two aspects: the organizational formal) one and the functional (contextual) one. Besides to those also exists so called mixed approach to the definition of an official. The definitions which are based on organizational aspect define the notion of an official according to the organizational form of the body in which the official perfoms the duties for which he has been appointed. With the functional aspect the notion of an official is being defined, primarily, after the content of the function one performs. The mixed way of defining the notion of an official ties the notion of an official both to the organizational properties of the body in which the official works and the nature of the duty one performs.
Varions theoretical definitions of the notion ofan official, which are hereby presented, are based on differences of the environment and the time Ín which they have been given, while the legal definitions of the notion of an official respond to the requirements of a specific legal System, so that its variety follows from, larities of those requirements.
Keywords
law of officiais; official, officer; civil servant; civil service
Hrčak ID:
197663
URI
Publication date:
8.6.1999.
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