dobro wspólne

  • Interes publiczny i dobro publiczne w prawie administracyjnym na tle konstytucyjnej zasady dobra wspólnego

    Author: Marta Woźniak
    E-mail: martawozniak1@o2.pl
    Institution: Uniwersytet Opolski
    Year of publication: 2017
    Source: Show
    Pages: 151-173
    DOI Address: https://doi.org/10.15804/ppk.2017.04.08
    PDF: ppk/38/ppk3808.pdf

    The subject matter of this article is the construction of the public interest and the public good in the administrative law presented against the background of the constitutional principle of the common good. The article puts forward a research thesis: the constitutional principle of the common good is the axiological basis for shaping by the administration of the public interest and the granting of certain public goods to the public. Concepts included in the title of the study are semantically close, but it is not reasonable to put an equality sign between them. Common good is an ideological superstructure in the public interest, as evidenced by the presence of a constitutional principle of common good in the definitions of public administration. As a consequence, the common good must be assumed to be a general clause defining a correct understanding of the public interest as well as the scope of public goods in administrative law.

  • Państwo jako dobro wspólne a wspólnota samorządowa – tożsamość czy kolizja wartości?

    Author: Dariusz Dudek
    E-mail: dudek@kul.pl.
    Institution: Katolicki Uniwersytet Lubelski Jana Pawła II
    ORCID: https://orcid.org/000-0002-1372-9285
    Year of publication: 2020
    Source: Show
    Pages: 15-43
    DOI Address: https://doi.org/10.15804/ppk.2020.01.01
    PDF: ppk/53/ppk5301.pdf

    The constitution regulates many different goods and values that relate to individual and collective life. In the constitution of the republic, two types of civic communities are most important: the state as a common good and local government units. Author of the article analyzes these two values in the light of the Polish Constitution of April 2, 1997, historical and philosophical foundations, and especially the science of law and case law of the Polish Constitutional Tribunal. According to the author, the self-government community is an integral element of constitutional axiology, i.e. the idea of the common good that belongs to the essence of polish state. The principle of decentralization of public authority is an important technical and legal consequence of the concept of the republican state and the principle of subsidiarity, and not an independent axiological justification of the relationship between the state and local government. These relationships and their social acceptance depends not only on legal regulations, but also on the attitudes and responsibilities of politicians and ordinary citizens. The actual relationship between the republican state and the local government community and their social acceptance depends, however, on legal regulations, but also on the attitudes and responsibilities of politicians and citizens.

  • Access to Public Sector Information in the Perspective of the Constitutional Principle of the Common Good

    Author: Katarzyna Dunaj
    E-mail: katarzyna.dunaj@up.krakow.pl
    Institution: Pedagogical University of Krakow
    ORCID: https://orcid.org/0000-0002-4788-6019
    Author: Bogdan Fischer
    E-mail: bfischer@fischer.biz.pl
    Institution: Pedagogical University of Krakow
    ORCID: https://orcid.org/0000-0002-1893-5870
    Year of publication: 2020
    Source: Show
    Pages: 343-354
    DOI Address: https://doi.org/10.15804/ppk.2020.06.28
    PDF: ppk/58/ppk5828.pdf

    The adoption of the UE Directive on Open Data and Re-use of Public Sector Information gives rise to necessity of its implementation by the Member States of the European Union. The process of implementing the Directive in Poland has also a significant constitutional value, because - according to the authors of this article - its content is realization of the principle of the common good (Article 1 of the Constitution of the Republic of Poland: “The Republic of Poland shall be the common good of all its citizens”). This is because data sharing has not only economic value, allowing the entity using access to public information to achieve a financial benefit, but also in other areas, where, in principle, both parties (a person and public authority) benefit from such action. Therefore, the role of public authorities should be to ensure the widest possible access to public sector information in order to implement the constitutional principle of the common good.

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