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Administration Translation

The Professional Board has the power and obligation to administer various professional sectors such as law, medicine, accounting, and others. Individuals must register with the Professional Board in order to legally work in their profession. The Board sets rules and regulations through decrees, and individuals can appeal contradictory decrees to an administrative court. Professional boards are divided according to the state's authority and include organizations like bar associations and medical boards. While the boards organize private professionals, they have some public powers and oversight from an administrative council and elected president. The boards represent professionals and organize the profession through regulatory powers and ethics rules. There is debate around whether boards should be considered public or private entities.

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Deb Seventeenth
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57 views4 pages

Administration Translation

The Professional Board has the power and obligation to administer various professional sectors such as law, medicine, accounting, and others. Individuals must register with the Professional Board in order to legally work in their profession. The Board sets rules and regulations through decrees, and individuals can appeal contradictory decrees to an administrative court. Professional boards are divided according to the state's authority and include organizations like bar associations and medical boards. While the boards organize private professionals, they have some public powers and oversight from an administrative council and elected president. The boards represent professionals and organize the profession through regulatory powers and ethics rules. There is debate around whether boards should be considered public or private entities.

Uploaded by

Deb Seventeenth
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Chapter IV

The Professional Board


The Professional Board has power and obligation to administer the
public services in professional sectors.

For having the rights to work professionally, private figure (someone


who works with professional job) have to register in the records or list of The
Specialist Professional Board.

The Professional Board has power to issue the rules such as decree and
regulation which operate to every professional sector. The disapproving
complaint is available while the decree is being in law contradictory. The
disapproving complaint of the decree has to be done before the administrative
court competency.

Therefore, the organization of professional board must be in the public


law, but a person who works professionally under the professional board is
private figure, and is not the civil servant in public sector.

According to the administration of the state’s authority, the professional


board is divided by:

- The Bar Association


- The Medical Doctor Board
- The Painter Board
- The Architect Board
- The Accountant Board
- The Pharmacist Board…, etc.

The activities couldn’t happen on the territory of a state unless there is


an allowance or limitation by the authority of the state. The allowance or
limitation is issued by the juridical context that can be the law or decree.

The professional board operates under the controlling of Professional


board council and the president of Professional board council is elected with
the specific mandate.

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The essential administer systems with is related to the professional
work problems of the professional board are:

- System of free profession


- Narrow System
- Corporation

According to the law, the professional board is an organization that has


the juridical individuality to organize the profession separately.

Section 1: The organizing of professional board


Professional board has only combined with whose work in same
condition of professional jobs or works.

The president board also has the same profession and has been elected
by those who are in the same professional condition. Comprehensively, the
council is elected by election and the president of professional board also. The
bar association is governed by a president and administered by the bar
association council. The president of the bar association is elected with the two
years of mandate, and would be continued to other two years by the next
election.

In France, the professional board is under the competent of


administrative court. The decree of the professional board is an object of
administrative recourse about violation of power.

The torts committed by the professional board have been bringing


suited before the administrative court.

Therefore, it can be the appealing to the Administrative Supreme Court.

Section 2: The obligation and duty


The obligations and duties of the professional board are divided in to
two types:

1. The professional representation: the professional board is a


conversation or communication of the public power because it is gathered by

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all conditions.

2. The organizing of the professional board: The professional


board works accordable with the operation of its prerogative such as:

- The professional board uses powers to issue decree in the cadre


to the profession. The rules is composed by two ways such as:
o The professional board organizes the rule of ethics and
transmits to minister of the ministry of justice, also the accomplishment council
of ministers. The power of decree issuing is not the independent power but the
professional board has the competent to join.
o According to the foundation of law and the decree, the
professional board can issue the decree by themselves.
- The professional board checks the act of working. In this case, the
professional board issue លិខិតរដ្ឋបាលឯកត្តភូត។

The professional board is organized by whose work in the same


profession without the joining of public figure. But, the professional board uses
the prerogative of public power and court power to serve the public service.

Section 3: The Juridical of the professional board


For Jurisprudence, the professional board never reaches the positive
points. On the contrary, the supreme court of France, CE, says, the professional
board is not the public institution.

For theory, the professional board has two badges:

1. Sui Generis: The professional board is public figure

Jean Auby: The professional board is public institution that is


characteristic with profession because it alike as the commercial board.

Therefore, the professional board has special mission, but this affirm is
opposite to the jurisprudence of CE.

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2. The professional board: is a private figure because public figure
has only two such as territory collectivity and public institution. So, if the
professional board is not the territory collectivity, it’s the private figure.

The analyzing visions of the professional board are in political


characteristic.

- IF the professional board is a public figure, the problem of


power has to be solved in broad. The professional board uses some
prerogatives of the public power.
- IF the professional board is a private figure, the extent of
power’s problem of public power has to be solved but it’s narrow. Also, the
treating of the professional board as private figure is decrease because the
professional boards works with free profession.

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