administracja rządowa

  • Pozycja prawna starosty powiatowego, czyli ustawowe mydło i powidło

    Author: Marcin Dąbrowski
    E-mail: m_dabrowski@wp.eu
    Institution: Uniwersytet Warmińsko Mazurski w Olsztynie
    Year of publication: 2015
    Source: Show
    Pages: 87-109
    DOI Address: https://doi.org/10.15804/ppk.2015.05.05
    PDF: ppk/27/ppk2705.pdf

    The article regards to legal status of a starost of a county (poviat). There are doubts if this entity is an organ of public authority. According to statutory regulations the starost is a member (chairman) of The Board of Poviat – an executive organ of a poviat. Legal provisions don’t provide that a stoarost is an organ of self – government neither is this subject an organ of government administration. A starost performs self-government functions (obligations) as well as functions of government administration. The Polish Constitution generally separates local administration from government administration. The principle of decentralization provides that local government and its authorities are independent of organs of government administration. In practice the statost executes tasks of local and government administration. Because of this – this entity is treated as one of organs of government administration. The author of the article claims that this solution violates the Constitutional provisions. This legal act guarantees the independence of local – government and its authorities.

  • Niepublikowane opracowanie Jerzego Stefana Langroda: Uwagi o problemie administracji rządowej i samorządowej w Polsce

    Author: Jarosław Dobkowski
    E-mail: j.dobkowski@uwm.edu.pl
    Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
    ORCID: https://orcid.org/0000-0002-2010-4152
    Year of publication: 2019
    Source: Show
    Pages: 73-90
    DOI Address: https://doi.org/10.15804/ppk.2019.01.04
    PDF: ppk/47/ppk4704.pdf

    Constitutional issues constituted an important sector conducted by the Polish Socialist Party election campaign for Parliament in 1947. Socialists turned to specialists to analyze specific topics. Professor G. Langrod sent a study entitled: Remarks on the problem of government and self-government administration in Poland, in which he answers the following questions: what is the role of self-government in administration, what is the position of national councils in local government and government administration according to the legislation in force, what is the role of the administrative judiciary for the self-government, what are the conclusions for the reform? This study was over 70 years of ad acta. Its edition is needed. It is not known to the literature or judicature, although it contains many general thoughts, having a historical and comparative foundation; timeless thoughts, retaining current. Everyone who deals with constitutional law and administrative law should read it.

  • Prawnoustrojowe aspekty statusu krajowych organów regulacyjnych w sektorach infrastrukturalnych

    Author: Marcin Grzybowski
    E-mail: marcin.grzybowski@uek.krakow.pl
    Institution: Uniwersytet Ekonomiczny w Krakowie
    ORCID: https://orcid.org/0000-0003-1905-8942
    Year of publication: 2021
    Source: Show
    Pages: 217-230
    DOI Address: https://doi.org/10.15804/ppk.2021.03.14
    PDF: ppk/61/ppk6114.pdf

    Legislative Aspects of the NRAs’ Status in the Infrastucture Sectors

    Ownership and structural changes in the infrastructural sectors of the Polish economy in the last three decades, while maintaining the public interest (art. 22 of the Constitution) and the implementation of the “social” market economy principle (art. 20) of the state’s influence on these sectors, justify the need for a legal and constitutional reflection on the status of activities of regulatory bodies in these sectors. The accession to the European Union has placed said activities on the path of the Union’s integration policies, aimed at “horizontal” integration of the infra-structural sectors of the EU member states. A typical and most commonly used legal tool for implementing EU integration undertakings are sectoral directives of the European Parliament and the Council. The Polish regulatory authorities with their postulated attributes of independence, professionalism and objectivity, have found themselves in the field where two routes of the addressed impacts cross: the EU sectoral integration route and the route of implementation of national policy toward infrastructure sectors (steaming from the Polish Council of Ministers and from relevant ministries). The author, identifying the elements of such use, points out the constitutional and legal uncertainties (even: dilemmas) in regard to the relationship between the Council of Ministers (and the Prime Minister)/relevant ministries and the state sectoral regulatory bodies.

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