Public administration, state administration, local government: what is the difference between them?

JUDr. Ondřej Preuss, Ph.D.
19. September 2024
7 minutes of reading
7 minutes of reading
Other legal issues

These terms are often used interchangeably, and no wonder. In fact, they are intertwined and complementary. Public administration stands above state administration and local government, and local authorities usually perform certain duties that fall under state administration. In this article, we will take a closer look at each of these concepts and explain what they entail.

Public administration

Public administration comprises the set of activities carried out by state authorities, municipal and regional governments, and other public bodies. These activities ensure the proper functioning of the public sector and the performance of public functions.

Public administration thus deals with all activities that are of general interest and are carried out through public institutions. This includes, for example, the management of public finances, decision-making, environmental protection, the provision of public services, etc. It is therefore about ensuring the functioning of (not only) the state in relation to and in the interest of the public.

Functions of public administration

Public administration has several basic functions:

  • Power: Public administration exercises its power through the legal order and the operation of the state establishment. This includes making laws, adjudicating administrative and judicial matters, and enforcing legality throughout the state apparatus.
  • Protective function: the duty of the public administration is to ensure and organise the internal and external security and order of the state. This includes the protection of constitutional order, protection against internal and external threats, administration of the police, emergency services, etc.
  • Organisational function: the public administration organises the affairs of the state, institutions and citizens. This includes administrative activities such as the management of public finances, the staffing and organisation of government departments and local authorities, and the coordination of activities within the public sector.
  • Regulatory function: it promotes a system based on political pluralism, solidarity and tolerance through legal norms and regulations. This includes the regulation of economic and social relations, the protection of citizens’ rights and freedoms and the fight against discrimination.
  • Public service: It carries out activities in the public interest, which include services and support to citizens. This includes, for example, the provision of health care, education, social services, infrastructure or culture.
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Public administration entities

Public administration entities include:

  • State: The state exercises public administration through state institutions such as ministries, bureaus, courts, and other government bodies.
  • Territorial self-government: Territorial self-government is exercised by citizens themselves and indirectly by elected officials through public corporations such as municipalities and counties. They exercise both self-governing powers (e.g. municipal police, subsidies) and state administrative functions (e.g. issuing building permits, administering civil registry).
  • Other public administration entities: Other public administration entities include professional chambers, universities, public funds, and other organizations that are tasked with specific public functions defined by law. For example, professional chambers oversee the observance of ethical and professional standards in a given field (e.g. doctors or lawyers), universities provide education and scientific research in the public interest.
  • Other public administration: This category includes institutions with specific legal personality, such as public health insurance companies, the Czech National Bank, Czech Television (CT) and others, which perform specific public functions in their respective fields (e.g. health care provision, financial regulation, public information service).
Tip na článek

Tip: Our judicial system also falls under public administration. The court system of the Czech Republic may seem relatively clear and straightforward, but we still encounter a number of questions about it. In our article we will set the record straight.

Division of public administration

The basic division of public administration is into state administration and local government. We will now take a closer look at this division:

State administration

State administration is the administration of state affairs at the national level. It is carried out either by state agencies or by agencies of public corporations under delegated powers. Its main task is to implement state policy and ensure compliance with the law in all areas of life in the country. The state administration is hierarchically organised and subject to central coordination.

The division of state administration

The bodies exercising state administration in the Czech Republic can be divided into two basic categories according to their roles and powers:

  • Central state administration bodies: These include all ministries (e.g., Ministry of Interior, Ministry of Finance, Ministry of Education) that are tasked with managing and coordinating a specific area of state policy and administration of public affairs. It also includes bodies that have specific powers in certain areas (e.g. the Data Protection Authority).
  • Territorial public authorities: These differ from central authorities in that they operate only in a specific territory. These are mainly authorities operating within municipalities or regions (e.g. local registry offices or building authorities).

It also includes other public authorities, such as state funds and other authorised bodies such as public guards.

Local government

Self-government is the principle whereby certain powers and responsibilities of public administration are devolved from the central level (state government) to the local level (municipalities and counties or interest-based self-governing organisations). It is a mode of organisation and governance that allows citizens and their representatives (councils) to manage and decide on issues in a local and regional context.

Self-government is divided into territorial self-government and interest-based self-government:

Territorial self-government

Territorial self-government operates on the basis of the principle of autonomy of municipalities and regions, which are assigned certain powers and responsibilities within their territorial jurisdiction. Municipalities and regions are headed by councils, which are elected representatives who decide on local matters, approve the budget, decide on investments, issue general binding decrees, etc.

Municipalities and counties make decisions in a number of areas within local government – they administer the municipal police, decide on local subsidies, etc. Municipalities and counties have their own assets which they manage and are responsible for local development, infrastructure and the administration of municipal services (e.g. waste management). They also provide local social services to some extent, manage local education and cultural activities.

Some municipalities also delegate part of the administration of the state administration. These municipalities are then called municipalities with delegated powers. Delegated powers are usually the responsibility of the municipal authority. This includes, for example, the power to draw up spatial development principles and land-use plans, to decide on the issue of building permits or to keep civil registers and register citizens. We can think of these as services that should be performed by the state, but for reasons of cost-effectiveness are “contracted” from the local authority to the municipality.

Self-government of interest

Interest-based self-government operates in areas that are specific to a particular profession, industry or interest group. They therefore represent the specific interests of their members before government bodies, the legislature and other institutions. For example, professional chambers (e.g. the Czech Medical Chamber) represent the interests of their members and the whole sector, e.g. doctors and the health sector itself.

They also usually set rules and standards for their members to regulate behaviour and standards in their field and provide them with educational opportunities and general support.

Summary

Public administration is a key pillar of the functioning of the state, ensuring the performance of public functions and the provision of services that are in the interest of society. The division between state and local government allows for effective management of state and local affairs.

State administration is the administration of state affairs, which is carried out at the national level. Its main role is to implement state policy and ensure compliance with the law in all areas of life in the country.

Local government is based on the principle of autonomy of municipalities, regions and other interest organisations to which certain powers and responsibilities are delegated. Self-government enables local bodies to manage local affairs.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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