Regime of London against the normative regulation of the local government of the United Kingdom of Great Britain and Northern Ireland

This work shows specific character of anglo – saxon model of self government with particular emhasise of its distinguishing characteristic in comparison to selfgovenments of other EU Memberstates. The Author presented specific legal regulations existing in the capital of United Kingdom – the city of London. Presented analysis refers also to reasons of reforms of selfgovernments organization undertaken at the end of XX century.

The effectiveness of gender equality political instruments in the perspective of the electoral code. The example of local elections in the Podkarpackie Region in 2014

The aim of the analysis that was conducted was to state whether and to what degree legal regulations on equal status of men and women, included in the electoral code and passed by the Sejm on 5 January 2011, support women in their participation in the public sphere on a local level. We did research into how the representation of candidates and the elected to the organs of the local self-government in a constituency no. 9 was formed, which depended on the current electoral system (proportional and majority electoral system). The analysis concerned the presence of men and women candidates on the electoral list and the number of mandates won by both genders on the level of districts, counties and provinces. On its basis, it was proved that the proportional electoral system clearly supports equal opportunities but only at the stage of women’s participation on electoral lists. Comparing the percentage of mandates won, we noticed that women occupied more positions in organs where the majority electoral system is applied, that is, in district councils (excluding town and cities with county rights).

The legal basis for international activity of local government units

The growing interest in establishing contacts with foreign entities justifies presentation of legal basis for international activity of local government. The article analyses the relevant provisions of the Constitution of Republic of Poland, constitutional local government laws, other relevant national laws, public international law and EU law.

The process of shaping the constitutional regulation of  local government in Poland in 1989–1997

The article describes the process of shaping constitutional provisions concerning local self-government and presents a phenomenon of increasing constitutionalisaton of this element of state policy. Author indicates four stages of this process: 1) establishing a principle of local self-government participation into system of public authority (1989), 2) establishing a constitutional chapter regarding structure of local self-government (1990), 3) complementing this regulation with provisions concerning self-governmental tasks (1992), 4) adopting the Constitution 1997, in which a chapter concerning local self-government.

25 years of self-government in the Third Republic of Poland –  an attempt to balance

Decentralization of the state was one of the most complicated processes of the democratic transition carried out in Poland at the turn of the 1980s and 1990s. Although a quarter of the century has passed from events that have initiated the proces of restoration of the local self-government, this problem all the time returns in the public and scientific discussion. Therefore, the main aim of this paper is to try to assess 25 years of local self-government in the Polish Third Republic.

The legal position of starost of a county (poviat) which is the statutory mess

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.

Comments on assumptions of governmental project of amendments  to the act of European grouping of territorial cooperation

Act of 7 November 2008 on European grouping of territorial cooperation constitutes an act implementing to Polish legislation provisions of Regulation EC No 1082/2006 of the European Parliament and the Council of 5 July 2006, enabling the creation of European groupings of territorial cooperation as organizations serving to promote and facilitate cooperation between entities from different countries. The drafted amendment to the law, forced by changes in the European Union legislation brings forth, in relation to particular provisions, certain comments requiring broader discussion. The article specifically addresses the scope of the anticipated transformation, indicating the concerns in relation to their present form. Essential meaning was assigned to necessity to enlarge the circle of potential members of the European grouping of territorial cooperation, including statutory definitions adopted by the promotor, the form of consent to the participation of Polish entities in the grouping, the consequences of changes in the directory of data subject to EGTC registration led by the minister of foreign affairs, the procedure for reporting changes to the Convention of groupings and issues of control over the management of public funds by the EGTC. In conclusion, the finding was formulated that the current form of assumptions of project of amendments to the Act of 2008., may provoke accusations of inconsistency of the part of its legislation with European Union law.

Ordering with the self-government organs of assignments in light  of Article 166 item 2 of the Constitution – selected problems

In accordance with art. 166 it. 2 of the Constitution83 if it results from the justified needs of the state, an act can order the territorial government bodies to execute different public tasks. The act shall specify the manner of transmitting and manner of execution of the ordered tasks. The ordered tasks can be imposed on the territorial government bodies beyond the act also on the basis of arrangement with the government administration body or other territorial government body. Text regarding the administrative arrangement includes the attempt at defining the notion, in particular by indicating of its significant characteristics, as well as comparing the administrative arrangement with municipal understanding. Legal bases for administrative arrangement were indicated, as well as discrepant opinions on the legal character of these arrangements presented in the legal literature. The subject matter of administrative arrangement is cooperation of independent entities ordered by the law and rules, undertaken in order to realize a desirable situation. Entering into administrative arrangement shall cause voluntary resignation from specified tasks and competences by the voivode for the benefits of the specified bodies. Entrusting of tasks to the commune by the voivode should be connected with transfer of competences necessary for execution of these tasks. Doubtless benefit of administrative arrangement is the possibility of adjustment of realities of execution of specified tasks to the local needs and bringing the tasks which are the subject matter of the arrangement closer to the inhabitants, in particular those, which seem to be of local character./p>

The principle of subsidiarity as a determinant  of a law-making role of local government

The article concerns the regulation of the local legislation. Local government should create legislative acts with the principle of subsidiarity and decentralization. These principles – resulting from the Constitution and acts of international law – should be taken into account when structuring the adoption of the local law. Existing regulations do not fully implement these principles. Therefore, there are a few need for legislative changes that will lead to the full implementation of the principle of subsidiarity. Currently, the local government authorities have too little freedom in making local law. It is limited by the legislative authority, which acts always defines the scope of freedom. This should be changed to increase the competence of the local government, which to a greater extent will realize the needs of the local community.

Artykuł jest studium przypadku, przedstawiającym współpracę międzynarodową Olecka, które jest stolicą Mazur Garbatych, jako jednej z ponad sześciuset istniejących w Polsce gmin miejsko- -wiejskich. Ukazano w nim sięgające czasów komunistycznej Polski początki tej współpracy, wyrażającej się kooperacją z francuską gminą Marly. Główna część tekstu stanowi omówienie ewolucji i ocenę współczesnej współpracy międzynarodowej Olecka, na którą składają się relacje z partnerami białoruskimi (Szczuczyn), litewskimi (Wilkowyszki, Kozłowa Ruda), ukraińskimi (Drohobycz), rosyjskimi (Gusiew), austriackimi (Guessing) i estońskimi (Johvi). Cechą charakterystyczną aktywności międzynarodowej Olecka jest ścisłe powiązanie z jego położeniem geograficznym i pochodzeniem olecczan. To one determinują w przeważającym stopniu, z kim i na jakich zasadach miasto współpracuje, w bardzo znaczącym stopniu wykorzystując fundusze Unii Europejskiej. Ta aktywność stolicy Mazur Garbatych została dostrzeżona na arenie międzynarodowej. W roku 2014 Olecko zostało uhonorowane prestiżową nagrodą i tytułem Europejskiego Miasta Sportu.

Self-government diplomacy as an innovative management instrument region

The aim of the article is to present self-government diplomacy as a novel, innovative form of international contacts realized by regional and local authorities, including the kujawsko-pomorskie voivodeship. The author has made a formal and statistical analysis of the various forms of functioning of this method of international cooperation. On this basis, the author concludes that local government diplomacy fosters the construction of international social, economic, cultural and other ties at local and regional level.

Unpublished study by Georges Langrod: Comments on the problem of government administration and self-government administration in Poland

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.

The criminal background of the candidates in the mayor’s elections

General local elections, including the elections of the mayors’, are very important for the local democracy. In Poland, Electoral Code regulates the requirements for the candidates for this office. One of them is not being convicted. This requirement has changed over the years and it causes legal and practical problems. The Author analyzes legal solutions in this aspect and tries to find the answer, if the applicable rules are optimal.

Local referendum as a form of consultation on changing the boundaries of municipalities (on the example of Suprasl Municipality)

The article is devoted to the presentation of remarks on the relationship between the obligation of prior consultations with residents of the issue of the act of the Council of Ministers regarding the creation, merger, division and abolition of the municipality and a possible local referendum in the case. The article focuses on selected aspects of this relationship, which will allow answering a few questions and research problems, such as: what conclusions can be drawn from the legislative path of this particular statutory regulation?; what is the difference in the territorial range of consultations with residents and the local referendum, and who actually gives opinion to the Council of Ministers before issuing the regulation?; whether statutory regulations on this subject are possible and whether the municipal council’s resolution has single or multiple applications?; finally, whether the expressed opinion is binding on the Council of Ministers?

The considerations in the article focus on the role of territorial local government in two important spheres of welfare state – in providing access to education, and health care. The authors characterize the situation in Poland after the parliamentary elections won in 2015 by the Law and Justice (PiS). The first part of the study analyses the reforms undertaken in the education system and their consequences for territorial local government, in particular increasing the compulsory education age as well as changing the school system. The second part contains a description of planned and implemented changes in health care.

State as Common Good and Local Government Community – Identity or Collision of Values?

 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.

Local Enactments Passed by the Bodies Which Constitute the Units of the Territorial Local Government – Selected Practical Issues

The article discusses the issues of the passing of local enactments by the bodies which constitute the units of the territorial local government. Considerations include both the analysis of the legal status and practice. The main problem which arises against that background is connected with the fact that the legislator applies a patchy legislative technique when authorising the territorial local government to independently regulate certain issues. Once, he definitely prejudges that the body of the territorial local government passes the regulation which is the act of local law; however, at other times he allows the addressees to settle that issue by themselves. In the latter case it causes serious problems in practice as the bodies of the territorial local government make diverging assessments in this matter. It leads to the inconsistent system of sources of the binding local law.

The Work of the Commission on Local Self-Government and Regional Policy in Polish Parliament (2015–2019)

Parliament and self-government have become a foundation of the modern democratic state. In order to achieve to proper significance of the self-government in the works of the Parliament it is crucial to establish institutional guarantees in its organisation. Commission on Local Self-government and Regional Policy is one of the most fundamental instutional guarantees of representing the intrests of local self-government in Polish Parliament which is confirmed by its practice. That is why it is necessary to study its activity. An analysis of the Commission’s tasks performed in accordance with its statute provides the basis for assessing the activities of the Commission during the eighth term of office of the Parliament (2015–2019).

German Model of Communal Constitutional Complaint

The communal constitutional complaint was provided for in the Constitution of the Federal Republic of Germany. It is a special kind of complaint functioning alongside and notwithstanding the constitutional complaint in general understanding. In Germany the basis of lodging it with the Constitutional Tribunal is the infringement of ”the right to self-governance”. In the Constitution of the Republic of Poland, however, this kind of special complaint which local self-government units are entitled to in case of the infringement of their independence (self-governance) is not provided for. At present, neither a communal motion for the examination of the constitutionality of a legislative act nor a general constitutional complaint constitute effective and sufficient measures of the protection of this independence. This being the case, it would be advisable that self-government units in Poland are given the right to lodge ”a communal constitutional complaint” about legislative acts that infringe the right to self-government with the Constitutional Tribunal, based on the solutions found in other legal systems in this area.

Local Referendum in Poland in the Light of Current Legal Regulations and Proposed Changes

The local referendum in Poland is the only instrument that allows residents to directly and ultimately decide on matters important for a given local community. On the one hand, this institution is strengthened by the right to referendum initiative of a binding nature that is granted to residents, but on the other, it is weakened by a number of barriers related to, among others, the requirement of high voter turnout determining the binding referendum result. For years changes in this area have been proposed by scientists, social organizations, as well as entities who have the right of legislative initiative. The last legislative proposal in this regard submitted to the Sejm in 2018 proposed, among others, granting the right of referendum initiative to the executive bodies of local government units, restoring the possibility of holding the local referendum on the same day as the nationwide referendum or the election of the President of the Republic, elections to the Sejm, the Senate or the European Parliament. The most important proposal, however, concerned the abolition of the requirement of minimum turnout conditioning the binding nature of the local referendum.