The implementation of the so-called “golden rule” regarding the fiscal management of the sub-sector of the local-self-government (LSG) constituted a reaction to the growth of the debt within the sector of public finances and an attempt to curb the LSG deficit. In this manner the Legislator wanted to balance the budget regarding operating revenues and the operating expenditures and to allow for the use of public loans, thus permitting the generation of the debt only in regard to capital expenditures. The authors of the article evaluate the validity of introducing the new regulations, subjecting the “golden rule” to a positive critique and forming requirements for changes and improvements based on solutions to this problem utilized in other countries. An empiric data is presented that shows the consequences of overloading the LSG with the effects of the growing level of public debt in a situation when the responsibility for the majority of the debt (more than 90%) rests with the public governance at the government level. The authors also put forth the thesis that the implementation of the more restrictive rules on the central level is also necessary to optimize the entire system of public finances.

Performing Public Tasks Consisting in Running Points of Free Legal Assistance and/or Free Civic Counselling by Church Legal Entities

Running points of free legal assistance and/or free civic counseling can be entrusted to non-governmental organizations conducting public benefit activities. Non-governmental organizations are selected in annual open competitions for offers organized in each voivodeship by district and cities with district rights. The text discussees the issue of admissibility of performing above mentioned tasks by church legal entities. The analysis shows that, in principle, church legal entities are not entitled to do so, although in practice these tasks are carried out by them.

Analysis of Article 233 § 3 of the Tax Ordinance in the Context of the Principle of Two-Instance Proceedings Resulting from Article 78 of the Constitution of the Republic of Polan

The principle of two-instance proceedings is one of the most important procedural guarantees which aim to ensure the respect of individual rights. This principle has been regulated in article 78 of the Constitution of the Republic of Poland. In the system of law, the rule is that the appellate body may adjudicate both reformatively and cassationally. One exceptions to this rule is provided for in article 233 § 3 of the Tax Ordinance. If the appeal is successful, this provision empowers the local government appeals board only to overrule the decision issued by the first instance authority on the basis of administrative discretion. The aim of this article is to analyse article 233 § 3 of the Tax Ordinance in the context of the principle of two-instance proceedings. In the opinion of the author of this paper, this provision constitutes an unjustified limitation of the right to two-instance proceedings.

Exercising the Right to Petition by Commune Residents Against the Background of Constitutional Regulations

The right to petition regulated in Article 63 of the Constitution is qualified as a political right. It may complement entirely different rights through which citizens may exert influence on public authorities. For this right to be exercised the mode of examining petitions had to me specified. The legislator did so by passing the Petitions Act. In turn, regulations introduced to the Commune Self-Government Act that established a Commission for Complaints, Requests and Petitions were to serve as a measure for residents of basic local government units to exercise this right. This study aims to assess the adopted legal regulations from the point of view of their influence on the efficiency of implementation of the right to petition by members of a commune self-governing community. It will point to organizational and procedural measures which when employed may be a source of real problems.