STÁTNÍ TAJEMNÍK U ŘÍŠSKÉHO PROTEKTORA V ČECHÁCH A NA MORAVĚ, PRAHA, inv. 1785, sig. 109-5/13 Page 22 · 22 of 94
THE SECRETARY TO THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 1785, sig. 109-5/13
English Translation
21 * . -16 ~ exclusively the matters assigned to him by law by decrees of execution. He does not examine his jurisdiction ankand of the area of life to be cared for by him, send exclusively by means of his regulations. Thus it is also to be explained that in this Austrian administration the negative conflicts of jurisdiction prevail, while in our case the positive conflicts of competence are likely to prevail, in those restful times eban the official did not hesitate to leave the handling of matters to his neighbour, while our officials are implored to deal with the area of life which they want to design as a matter of principle in their own jurisdiction and thus easily reach out with related subjects. It is inevitable that our dynamic view of the administrative task will also have a certain dynamic effect in the interpretation of our own competence. e Austrian official works strictly according to the law, according to principle of legality. This concept of administrative activity, which has become so completely alien to us, must be called back into our imagination in order to understand that even the forms of administration which had grown up at that time could no longer fit for us, because we no longer need to solve legal problems, but rather to shape the lives and work of the people, the summary of all possible incidents of the life in a legal norn which is considered valid for all time can only be found correct in a state, you seek in its future dreams nothing else extorts the recovery of the existing. Today, when we have freed ourselves from this kind of aggravation, we have set the dynamic instead of solidification and know that the daily changing conditions of life are not once and for all caught up in abstract Normans. If we understand the implementation of great principles of order by administrative means today, we will also be prepared in the legislative field with large framework laws and with dinar -21-