Professional Documents
Culture Documents
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The evolution of administrative law may be traced back to the emergence and
proliferation of agencies.
The outstanding feature of administrative agencies in the history of Ethiopian government is
their non-existence. For instance, a century back there were no regularly established royal
councils, no clear cut system of local government, no established national army, police force
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Powers of administrative law
Its main power is establishing. That means it establish the powers and functions of those
bodies included under it. It establish in two ways (procedurally and substantively) .
Constitution provides their mandate for each branches of government.(executive, legislative
and judiciary). But it didn’t mention anything regarding with the powers and functions of
administrative agencies. Hence, the mandate and powers of administrative agencies shall be
decided by administrative law proclamation.
Administrative agencies are given their power and functions by administrative law
proclamation.
Substantive administrative law -is a body which provides the powers and mandates to
the ministries and agencies.
Is one which create ministries and agencies and also which gives their power and
functions.
It outlines the rights and duties of Administrative Agencies.
Angoo Fi dalagaa dhabilee Isa jala jirani hundeedsa.
Procedural administrative law -is one which lists out how and when the individual
ministries and agencies have to perform their respective duties. Power Isa substantive
administrative law keessatti kenameef kana akkamin ykn adeemsa akkamin hojiitti hiiku kan
jedhu ibsa.
It puts into practice those powers and duties outlined in substantive administrative law.
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It implies two things
Inherent power
Delegated powers
Of administrative agencies
Inherent powers
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Administrative actions and decisions should be open and transparent to the citizens.
In addition, Administrative actions and decisions should be engaged to the society
Public participation is also the core issues in administrative law.
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So it is emerged to balance the increased power of government and individual freedoms. It is
considered as tool for controlling government powers.
✓Generally for its emergence the following are the major factors:
Rise of large(big) gov’t Vs liberal democracy
Neutrality & expertise Vs democratic/liberal Rights
Administrative capabilities Vs Accountability.
Public administration.
There must be civil service employments and safeguards.
Civil service must be independence from partisanship or politics.
It aims at professionalizing the administration.in this regard
It also aimed to form accountable administrative bodies.
So, how should administrative body is controlled to get or create accountable institution?
So, to govern this relationship a concept called Administration and court emerged.
Different countries follow different approach to regulate the relationship bn administrative and
judicial justices.
For instances:
England: used judicial review by ordinary court. Ordinary laws can be appointed to judge.
(Unique system)
The ordinary can make judicial review.
In common law legal system an individual and institutions adjudicated equally.
France: used special body of government called council of special laws school given to judges
not ordinary courts can judge administrative agencies. (Dual system).
Administrative court called council of make judicial review can adjudicate administrative
cases. Hence, ordinary judge cannot conduct judicial review.
Hence, judicial review conducted by special council.
Germany: used the special bench of the judiciary to adjudicate administrative agencies (issues).
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In the judiciary they put special bench which deal with administrative matters.
(Mixed system)
Hence, judicial review conducted by this special bench reserved for administrative matters .
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Accountability to Civil society
✓in USA there is a system called Notice and community rule making decisions. So
administrative bodies have to notify the community (civil society) while they make any
decisions.
during that time was highly tied with religion. Kings and nobilities were guided by Fetha
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✓it have the power to declare state of emergency -executive power.
✓It shall enact regulations as entitled by HPR (delegated powers of council of minister).
75 Powers and functions of
75.
✓Reading Assignment
√Read comparative administrative law.
explanatory Administrative procedure law
✓read federal procedural Administrative law
✓Read regional procedural Administrative law.
Nb:
Powers, functions and duties of Administration agencies is emanated from:
An organ called Administrative agency's proclamation.
It is also called establishing laws. So the establishing laws are the sources of powers of
administrative agencies.
Power and functions of Council of minister is given by Constitution.
What does substantive and procedural laws mean and where do we find them in Ethiopian
law.
Substantive Administrative law: it shows what powers and functions of administrative agencies
have.
Procedural Administrative law: is a law which show how this Administrative agencies have to
perform what is cited in substantive Administrative law
UNIT TWO
Principles relating to Administrative rule making(Directives).
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1. Verifications of delegated powers
(jalqaba irratti, admnistrative agencien kun aangoo seera baasuu kana qabaa?).
Ok ni qaba yoo jennemmoo eenyutu barbaade?
Issuance required by law (seratu barbadee).
Discretionary issuance (moo dhabatuma sanatu seera baafachu barbaade).
Issuance by client application (the citizens may ask for the issuance of the directives)
moo uumatatu gaafate.
Issuance by own initiative agency (the agencies may by themselves tried to issues for
the law OR directive).hizboch memeriya indiwexalachu mexeyeq yichilalu.
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Authority
Transparency(qabaa)
Public Participation (jiraa)
Rules of law( kabajamera)
Chapter Three
Principles Relating to Administrative action/decisions
yeastedader wusane mesxex.
it is inherent powers of administrative agencies
it is an actual delivering of actions and decisions
As keessatti waan nuti check goonu scope murtii ykn maesure admnistrative agencies ti.
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✓We are talking about administrative service.in this case there are private and public interests.
These institutions are established not to full fill each and every interest of individuals; it also
should maintain its own interests.
6. Professionalism
✓Once power and functions given to Administrative institutions, then it shouldn't be
monopolized by political interests.
✓These institutions are service delivering institutions.so; they should be free from certain
political manipulation.
7. Hearing.
✓Before making decisions on a client’s claim, they have to hear it carefully.
8. Good faith.
Giving decisions that don’t harm the client interests.
Trying to provide balanced decision or trying to maximize the clients’ (customers)
interests by decisions made.
9. Reasoned decision.
An administrative decision should be reasonable unless it could be abused decision.
13. Predictability.
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Administrative agencies provide discretionary decisions.
So citizens should guess what kind of service they should get from these institutions.
Even if they provide discretionary decisions, certain stability should exist in their actions
so that citizens could understand what types of services they might get from them.
it is claim expectations.
Chapter Four
1. An internal control/review.
The term internal control refers to the type of controlling mechanisms that are set within the
organizational structure of the various administrative organs of the government. Is a process by
which original agency decisions are reviewed on their merits within the responsible
government agencies. This type of review gives opportunity for agencies to reconsider their
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decisions and rectify the mistakes, if any. The enabling legislation or the executive order by
which the agency is created may include, in that act, a formal system for the internal review of
agency decisions. In the absence of such formal mode of controlling, the agency using its
discretion can set informal controlling mechanisms in place.
1. Internal compliant hearing: it helps to investigate the question of fact that submitted to
it through appeal by clients.
External control
The term ‗external control in an administrative law context refers to the various limitations
imposed upon the powers of administrative agencies by other authorized bodies that are found
outside the structure of such agencies. These types of controlling mechanisms include
executive/political control, parliamentary/legislative control, control by administrative tribunals,
judicial control, control by watchdog institutions and the mass media.
Let us see each in detail.
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the administrative agencies. They are out of administrative law but used to control
administrative agencies.
They are the brothers of administrative agencies.
Example.
Tax law: in the tax law there is tax appeal commission. Tax law appeal commission is
established by tax law.
Investment: There are investment tribunals.
Civil service: civil service tribunals. If there is employment compliant or issues they should go
to civil service tribunals.
The mandates of administrative tribunals are to investigate Factual and legal issues. They
mandated to look for the Question of fact and the question of law.
4. Executive control
It is the fourth control mechanism of administrative agencies. The executive organ of the
government also has the power to oversight the activities of the various government offices in
different modalities. As it was discussed somewhere else, there are possibilities whereby some
administrative agencies .Those agencies or bureaus formed under the executive hierarchy
(referred to as executive dependent agencies) are subject to the supervision of the executive
organ of the government. May be formed by executive order without the blessing of the
parliament.
What does executive mean? We are referring to accountability chain. We can refer
Proclamation no 1263/21.
Article 16 establishes ministries.
Article 17&18 they talk about the accountability and responsibilities of each ministry. It states
that each minister is accountable to prime minister and council of minister. (17)
Each deputy minister ( m.deatas )are responsible to the minister.(18).
The relationship between a ministry and other institutions responsible to it.
Article 77 eyandandu minister lesu texeri yehonutin institutions have to coordinate and
support. It shall also supervise them. But it shall not arbitrary intervene them.
Article 79 Executive organs are responsible to the prime minister. Jedhee 17excutive body list
godha. For instance government communication minister, national bank,etc are responsible to
the prime minister. It just continues to mention these organs up to article 99.
So, this proclamation17&18 shows the vertical hierarchies between this administrative
agencies.(kelay wede tach Yalu control yasayal).
19(2) shows the responsibility of the lower administrative agencies to report their
performance to the higher ministers.(ketach wede lay control yasayal).
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5. Parliament control
Parliament has the questioning power to any administrative agencies. Including prime minster
and other agencies.so Parliament has a power to check each of them . As clearly stipulated
under Article 50(3) of the FDRE Constitution, the respective legislatures of both of the Federal
and the State governments are the highest authority of the respective governments. Being the
highest organ of the government, the House of Peoples ‘Representative ( referred as the
legislature) has the power to exercise supervisory power over the administrative organs of the
federal government. As clearly stated in Article 55(17) of the FDRE Constitution, the legislature
―has the power to call and to question the Prime Minister and other Federal officials and to
investigate the Executive‘s conduct and discharge of its responsibilities.‖ Article 55(18) also
dictates the legislature to discuss any matter pertaining to the powers of the executive ―at the
request of one-third of its members‖ and ―to take decisions or measures it deems necessary.‖
Furthermore, in accordance with Article 74(11) of the FDRE Constitution, the Prime Minister is
required to submit periodic reports of the activities accomplished by the executive as well as its
plans and proposals to the House of Peoples‘ Representatives
6. Control by ombudsman
We can refer Proclamation 1142/2019
Article 7 of this proclamation cites the powers and functions of ombudsman office.
Its main mandate is maladministration investigation based on:
1. Its own initiatives
2. Individual compliant.
Hence ultimately it strives to achieve:
1. Checking maladministration
2. Ensuring good governance.
So every purpose of the establishments of ombudsman office is to check procedure
administrative rule making (directives or memeriya) and administrative decisions (wusane).
7. Control by mass media
We can refer the proclamation no 590/2008 for the role of mass Medias to control
administrative agencies.
Means each and every citizen has the right to get access information regarding with the
decision and actions of administrative agencies.so to ensure this the role of media is too
significant.
So, mass Medias have the duty to access the information and to ensure the individual rights.
Read articles of 31 of the above proclamation.
Iyandandu zega has the right to access (get) detail information from each administrative
agencies and each agencies have the duties to provide excess information to the individuals. To
ensure this, media serve as instrument.
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8. Control by civil societies
For the role of civil societies in controlling administrative agencies we can refer to civil societies
proclamation.
So, they have the power to check an administrative agency in their sphere.
Generally speaking the ultimate purpose of internal and external controlling system is to
achieve procedural administrative rule making and administrative actions and decisions.
Asayimentiiiiii
Ministeera tokko deemaati,hagam akka isaan PROCEDURAL Administration law[admnistrative
rule making and admnistrative desicion & action] kabajanii hojjechaa jiran gaafadhTo draft Directives(rule
making) .
✓ First of all "the need for the draft of directives” shall be approved by the experts exists on each sector.
This ministry has different sectors according to their reports. And these sectors shall propose the requisites of
directives on their spheres. They have to propose as the directives required to solve a given problem.
✓Based on these experts finding the "Technical issues and legal issues" should be studied carefully.
After they arrive on an agreement the necessities of the directives then Issuance of directives
shall be started.
They starts the drafting process of such directives in accordance of proclamation 1183/2020.
✓ Then the drafting directives shall be officially announced. beeksifni ni maxxanfama karaa social media
Fi printed media directive bahuuf deemu ,uumataaf ifa ta'a jechuudha .but with regards to language there is
a gap since they are notifying it only by Amharic.
✓Then public discussion will be conducted and public comments shall be incorporated.
Namoonni yaada isaanii akka irratti Kennan godham.
Public prosecutor also comments on the drafting directives .Abbaan Alangaas yaada isaa akka
irratti kennu godhama. sana booda drafted ta'a jechuudha.
Public opinion and comments and any other interested body’s comments shall be
incorporated
Finally the adopted directives shall be disseminated to the societies through Negarit gazeta.
and it must also registered by The ministary of justice.
registration is not sufficient it also distributed to the society through negarit Gazeta. karaa negarit Gazeta
ummataaf raabsama jechuudha.
They are drafting any directives by strictly following the proclamation completely, after these
proclamation adopted .but before that such process shall not be followed or may or may not be followed.
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Isa dura garuu serious processin kun hordofamuus hordofamuu dhiisuus danda'u.
✓Before the coming into force of this proclamation the serious procedures may or may not be observed.
For instance,it may not be Notified to the public.
✓but the adoption of this proclamation makes the observances of the process of drafting binding.
✓So they are drafting the directives by strictly following this proclamation.
If unfortunately the society doesn't accept the drafted directives and if their rejection is reasonable
then it will be rejected. Silezi wudq yideregal mallet now.
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