- Author:
Karol Piękoś
- E-mail:
karol.piekos@yahoo.pl
- Institution:
University of Rzeszow
- ORCID:
https://orcid.org/0000-0003-4545-5909
- Year of publication:
2020
- Source:
Show
- Pages:
215-223
- DOI Address:
https://doi.org/10.15804/ppk.2020.06.17
- PDF:
ppk/58/ppk5817.pdf
The presidential election campaign in Poland in 2020 was unique due to the epidemic caused by SARS-CoV-2. A high level of attendance during the presidential election, influenced by the pro-turnout initiatives, was achieved. The article analyzes selected activities aimed at achieving a high level of attendance, the beneficiaries of which were local governments.
- Author:
Marcin Dąbrowski
- E-mail:
marcin.dabrowski@uwm.edu.pl
- Institution:
University of Warmia and Mazury in Olsztyn
- ORCID:
https://orcid.org/0000-0001-8780-9715
- Year of publication:
2020
- Source:
Show
- Pages:
405-416
- DOI Address:
https://doi.org/10.15804/ppk.2020.06.33
- PDF:
ppk/58/ppk5833.pdf
The paper presents four problems which constitute the most important problems related to the functioning of local government in Poland. The first issue concerns the unfinished reform of the political system. The author finds that the legislator did not implement fully the assumptions concerning the creation and functioning of local governments which are determined in the provisions of the Polish Constitution of 1997. In consequence, a contemporary political system is full of internal contradictions and does not function properly. Next, it was indicated in the work that the legislator interferes too much in the independence of local government units. Too many acts, which regulate duties and procedures, limit the autonomy of local government bodies which should determine their duties and objectives and allocate financial resources to their implementation. Third, the author finds that the permanent underfinancing of local government units poses a very serious problem. The system of financing is outdated and does not correspond to contemporary needs of local communities, which results in a decrease in investments and development and an increase in debt. Finally, the article discusses the issue of excessive politicization of local governments. The author finds that transferring political disputes from the central level to the local one is very detrimental and has a negative influence on the development and functioning of local governments.
- Author:
Mariusz Popławski
- E-mail:
mpoplawski@umk.pl
- Institution:
Nicolaus Copernicus University in Toruń
- ORCID:
https://orcid.org/0000-0002-5563-5308
- Year of publication:
2020
- Source:
Show
- Pages:
603-614
- DOI Address:
https://doi.org/10.15804/ppk.2020.06.49
- PDF:
ppk/58/ppk5849.pdf
The purpose of this article is to analyze the behavior of local authorities on the issue of participatory budget in the situation of confronting the COVID-19 pandemic. A new category has been introduced here - direct contact-free democracy, which aims to emphasize the need to avoid personal contact while continuing the performance of mechanisms accompanying democracy. To verify the accepted hypothesis, an existing sources analysis, and a survey, in which more than 40 cities with district rights participated, were conducted.
- Author:
Michał Klonowski
- Institution:
Uniwersytet Łódzki
- Author:
Maciej Onasz
- Institution:
Uniwersytet Łódzki
- Year of publication:
2021
- Source:
Show
- Pages:
147-170
- DOI Address:
https://doi.org/10.15804/athena.2021.69.09
- PDF:
apsp/69/apsp6909.pdf
Artykuł stanowi próbę oceny skutków wprowadzenia zmian w systemie wyborczym organów jednostek samorządu terytorialnego wynikających z ustawy o zmianie niektórych ustaw w celu zwiększenia udziału obywateli w procesie wybierania, funkcjonowania i kontrolowania niektórych organów publicznych przyjętej w 2018 roku. Autorzy weryfikują hipotezy postawione przed zastosowaniem nowego systemu w praktyce, dotyczące wpływu zmian na proporcjonalność wyborów oraz możliwości uzyskania samodzielnej większości przez jedno ugrupowanie w organach stanowiących na poziomie gminy oraz ryzyka całkowitej dominacji jednego podmiotu w tym organie. Ocenie poddano również wpływ ograniczenia możliwości wykorzystywania biernego prawa wyborczego w wyborach do rad przez osoby kandydujące do organu wykonawczego w gminie.
- Author:
Bogusław Kotarba
- E-mail:
boguslaw.kotarba@ur.edu.pl
- Institution:
Uniwersytet Rzeszowski
- ORCID:
https://orcid.org/0000-0002-4466-762X
- Year of publication:
2021
- Source:
Show
- Pages:
371-382
- DOI Address:
https://doi.org/10.15804/ppk.2021.05.29
- PDF:
ppk/63/ppk6329.pdf
Social control in local government units
Local self-government is an important element of the political system of democratic countries. It satisfies numerous collective needs and also participates in the exercising of public authority. This makes it necessary to exercise control over the activities of local government units. The article deals with the issues of control carried out by members of local and regional communities, and focuses on the consequences of its legal institutionalization. An example of a new form of control was used, which is the debate on the report on the state of a local government unit. Both the institutional-legal analysis and the comparative method have been applied to verify the following thesis: legal institutionalization of social control makes it easier for citizens to undertake it, creates better conditions for controlling the actions of local and regional authorities, with the advantages of institutionalization of control outweighing its certain shortcomings.
- Author:
Marcin Mamiński
- E-mail:
adwokat@marcinmaminski.com.pl
- Institution:
Wyższa Szkoła Gospodarki Euroregionalnej im. Alicide de Gasperi w Józefowie
- ORCID:
https://orcid.org/0000-0002-8046-6155
- Author:
Mariusz Rudnik
- E-mail:
mrudnik@autograf.pl
- Institution:
Uniwersytet Rzeszowski
- ORCID:
https://orcid.org/0000-0002-1404-0068
- Year of publication:
2021
- Source:
Show
- Pages:
383-393
- DOI Address:
https://doi.org/10.15804/ppk.2021.05.30
- PDF:
ppk/63/ppk6330.pdf
Participation of local government in the protection of human rights
Local government units perform a number of tasks which, in consequence, have an impact on the quality of life of the local community. Importantly, the tasks that are carried out by the local government very often remain closely related to each other, because the correct implementation of one task may be related to the implementation of other own tasks. This is also the case when local self-governments fulfill their positive and negative obligations in the field of human rights protection.
- Author:
Joanna Zofia Jagoda
- E-mail:
joanna.jagoda@us.edu.pl
- Institution:
Uniwersytet Śląski w Katowicach
- ORCID:
https://orcid.org/0000-0001-5740-1815
- Year of publication:
2021
- Source:
Show
- Pages:
599-607
- DOI Address:
https://doi.org/10.15804/ppk.2021.05.49
- PDF:
ppk/63/ppk6349.pdf
Gloss to the Decision of the Supreme Court of 28 November 2019, file reference number III CSK 275/17
The thesis expressed in the glossed judgment that the poviat bears sole responsibility for the damage caused by the issuing of a defective administrative decision by the starost as part of the architectural and construction administration is, in principle, correct. However, this responsibility does not result – as the Court assumed in the commented judgment – from the nature of the tasks performed by the starost, but from the current legal regulations contained in the Civil Code (Art. 417 § 2). Incorrect determination of the nature of the tasks in the field of architectural and construction administration resulted in the dismissal of claims for damages against the State Treasury and local government unit despite the fact that at the time when the decision on the building permit was taken, Art. 4202 of the Civil Code, providing for joint liability of the State Treasury and of a local government unit for damages caused in the performance of government administration tasks specified by law, was in force.
- Author:
Maciej Onasz
- E-mail:
maciej.onasz@gmail.com
- Institution:
Uniwersytet Łódzki
- ORCID:
https://orcid.org/0000-0002-4062-1253
- Year of publication:
2022
- Source:
Show
- Pages:
81-95
- DOI Address:
https://doi.org/10.15804/ppk.2022.01.06
- PDF:
ppk/65/ppk6506.pdf
Impact of Changes in the Electoral System in 2018 on the Political Position of Presidential Parties in Municipalities over 20,000 Inhabitants
The aim of the paper is to assess the impact of changes introduced in 2018 to the electoral system used in elections of the councils of municipals over 20,000 inhabitants on the political position of the parties backing selected mayors and presidents of cities. This research perspective is justified by the special role of these groups resulting from the system of the commune, in particular the method of election and irrevocability of the executive, that is forced to try to gain control over the decision-making process in the council. The study used the Shapley-Shubik strength index as that reflects the actual strength of a political party in a collegiate body better than the number of seats or participation in a mandate set. The results of the survey confirmed that the analyzed change weakened the position of the presidential parties in most of the analyzed aspects.
- Author:
Beata Springer
- E-mail:
b.springer@wh.uz.zgora.pl
- Institution:
Uniwersytet Zielonogórski
- ORCID:
https://orcid.org/0000-0002-2112-6556
- Author:
Adam J. Jarosz
- E-mail:
adam.jarosz@sgh.waw.pl
- Institution:
Szkoła Główna Handlowa w Warszawie
- ORCID:
https://orcid.org/0000-0003-0972-5588
- Year of publication:
2022
- Source:
Show
- Pages:
161-172
- DOI Address:
https://doi.org/10.15804/ppk.2022.03.12
- PDF:
ppk/67/ppk6712.pdf
Dual Tenure of Executive in Municipalities – Restriction of Civil Rights or Reduction of Pathological Phenomena?
The phenomenon of multiterm mayors has become widespread in Poland, especially after introducing the direct election of the executive in municipalities in 2002. The direct election has given the mayors the dominant position in local politics. The way to limit it has seemed to be the limitation of number of terms in office of the municipal executive bodies to two. In the presented paper the arguments of opponents and supporters of this solution were analyzed. The analysis was made from the perspective of two levels: institutional- legal and socio-political. The aim of the analysis is to show the positives and negatives of the implemented change and the projected effects. The legal basis, its compliance with the constitution and the implications for the active and passive suffrage were analyzed. Also the results for local political systems and for local communities were examined, and it was confronted with the issue of political culture.
- Author:
Dominik Boratyn
- E-mail:
dk.boratyn@gmail.com
- Institution:
Uniwersytet Rzeszowski
- ORCID:
https://orcid.org/0000-0003-2335-7515
- Year of publication:
2022
- Source:
Show
- Pages:
229-239
- DOI Address:
https://doi.org/10.15804/ppk.2022.04.18
- PDF:
ppk/68/ppk6818.pdf
Youth Councils as Entities of Youth Participation in Local Communities – Legal Analysis of Art. 5b of the Act on Municipal Self-Government of March 8, 1990
The article is part of a publication cycle on research on the institution of communal youth councils in local self-government communities in Poland. This publication analyzes the current legal regulations regulating the functioning of youth councils. Additionally, the legal basis for participation was presented, taking into account the provisions of the Polish Constitution as well as the act on municipal self-government. The essential part of the article is the analysis of the original wording of Art. 5b of the Act on Municipal Self-Government and the changes that have occurred in it after the amendment of April 20, 2021.
- Author:
Dominik Sieklucki
- Institution:
Uniwersytet Jagielloński
- Year of publication:
2022
- Source:
Show
- Pages:
147-160
- DOI Address:
https://doi.org/10.15804/athena.2022.73.09
- PDF:
apsp/73/apsp7309.pdf
Development strategies of cities with poviat rights
The article presents the results of research on development strategies of cities with poviat rights. The reason for undertaking the research was the addition of provisions on such development plans to the Act on Self-Government in 2020, and its aim was to determine, in quantitative terms, what number of cities have such plans and whether their adoption is related to the size and number of citizens of the cities. The research was also qualitative in scope and concerned the form and content of development strategies, with the aim of identifying their most important features.
- Author:
Beata Słobodzian
- E-mail:
beataslobodzian@wp.pl
- Institution:
Uniwersytet Gdański
- ORCID:
https://orcid.org/0000-0002-0589-7879
- Year of publication:
2022
- Source:
Show
- Pages:
273-285
- DOI Address:
https://doi.org/10.15804/ppk.2022.06.20
- PDF:
ppk/70/ppk7020.pdf
Legal Grounds for Establishing and Conducting International Cooperation by Local Government Units in Poland
Reactiving the local government in Poland gave an opportunity to increase the activity of local communities in the international area. The adoption of legal solutions guaranteed the international activity of local government untis through standardized procedures, defined goals and directions of action. A specific suplement are signed international agreements and agreements on cross-border and international cooperation, which are anchored in international treaties. The legal basis for international cooperation of local government units was defined in the Constitution of the Republic of Poland of April 2, 1997. The main aim of the article was to define the possibilities of international cooperation of local government units in Poland. European documents supporting international cooperation of territorial units were identified. In addition, Polish legal conditions were identified in the scope of concluding cooperation agreements and belonging to international associations.
- Author:
Dominik Boratyn
- Institution:
University of Rzeszów
- Year of publication:
2022
- Source:
Show
- Pages:
288-306
- DOI Address:
https://doi.org/10.15804/athena.2022.75.17
- PDF:
apsp/75/apsp7517.pdf
The article is part of a series of publications on the activities of youth councils in local selfgovernment communities. It focuses on describing the functions performed by such entities and attempts to answer the question about which of the functions performed by youth councils is of key importance in the opinion of councillors. The article is based on empirical research (quantitative research) conducted using a questionnaire. The research was carried out in 18 voivodship cities in Poland, and its aim is to expand the discussion on the functioning of youth councils as structured entities within local self-government units.
- Author:
Magdalena Kisała
- E-mail:
magdalena.kisala@kul.pl
- Institution:
Katolicki Uniwersytet Lubelski Jana Pawła II
- ORCID:
https://orcid.org/0000-0003-4593-0394
- Year of publication:
2023
- Source:
Show
- Pages:
229-240
- DOI Address:
https://doi.org/10.15804/ppk.2023.01.17
- PDF:
ppk/71/ppk7117.pdf
Legally Permissible Use of Quality Management Tools by Local and Regional Authorities
The subject of the considerations is the use of quality management instruments by local government units. The analysis of their activities shows that in their practice they implement quality-oriented measures in different areas. This fact is confirmed by public information available on the BIP website, describing, for example, the implementation of a given system or the use of a specific methodology or quality management tool. The legal bases for the use of quality management tools by local and regional authorities need to be examined in order to determine the content of the legal provision giving them the power to implement quality-related measures. Consequently, the article reaffirms the thesis on the legal admissibility of using the instruments of quality management by local government units, indicates its scope and formulates the concept of quality management instruments in the context of the functioning of local government.
- Author:
Paulina Glejt-Uziębło
- E-mail:
paulina.glejt-uzieblo@ug.edu.pl
- Institution:
Uniwersytet Gdański
- ORCID:
https://orcid.org/0000-0001-6482-5253
- Year of publication:
2023
- Source:
Show
- Pages:
241-251
- DOI Address:
https://doi.org/10.15804/ppk.2023.01.18
- PDF:
ppk/71/ppk7118.pdf
Some Remarks on the Background of the Bill Amending the Establishment and Functioning of Senior Citizens’ Councils
This article is an assessment of the planned normative changes to the content of local government laws, i.e. the Act of 8 March 1990 on municipal government, the Act of 5 June 1998 on county government and the Act of 5 June 1998 on provincial government, as regards the operation of senior citizens’ councils. The purpose of this study is to identify the main problems, which may be a contribution to further in-depth doctrinal discussion. The main modifications relate to the possibility of introducing the indicated instrument of semi-direct democracy also at the county and voivodeship level, as well as the initiative to establish a council of seniors at the request of residents. The conducted considerations contain specific de lege ferenda postulates and also determine whether the planned changes will not affect the essence of the indicated participatory instrument.
- Author:
Marek Woźnicki
- E-mail:
marek.kamil.woznicki@gmail.com
- Institution:
Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0001-7010-134X
- Year of publication:
2023
- Source:
Show
- Pages:
27-38
- DOI Address:
https://doi.org/10.15804/ppk.2023.02.02
- PDF:
ppk/72/ppk7202.pdf
Financial Autonomy of Local Government Units in the Constitution of the Republic of Poland – Selected Problems
The scope of this article is to show selected problems concerning constitutional regulations of financial autonomy of self-government units in Poland, in the light of the legislator’s freedom to determine their incomes by bills. It appears that in the light of the current regulations, the freedom of the parliament is too great, which significantly limits the financial independence of local government units. The article will present proposals for changes to Polish constitutional regulations in this area in order to increase the self-government financial autonomy, with reference to the solutions in force in selected European countries. It is necessary to increase the influence of self-government about bills concerning their incomes and expenses, so it should be a constitutional obligation to consult such projects on the forum of the Joint Government and Self-Government Commission. The postulate of transforming the Senate into a Self-Government Chamber is also worth considering.
- Author:
Katarzyna Kuć-Czajkowska
- Institution:
Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0003-1098-7286
- Year of publication:
2023
- Source:
Show
- Pages:
143-163
- DOI Address:
https://doi.org/10.15804/athena.2023.77.08
- PDF:
apsp/77/apsp7708.pdf
Why is it so good when it is so bad – integration activity of local government units in agglomerations in the Czech Republic and Poland
When pursuing the aim of the paper – to determine the sustainability of cooperation between local governments in agglomerations – an attempt was made to establish: What is the future of cooperation between agglomerations in the Czech Republic and Poland? Do partnerships under Integrated Territorial Investments foster a culture of cooperation? What kind of barriers must be overcome by local governments in connection with integration activities in agglomerations? The paper uses the comparative and diagnostic survey methods (an online survey in the Czech Republic and a postal survey in Poland). The empirical research was conducted among the members of the structures of Integrated Territorial Investments. It was found that integration problems in agglomerations include: financial difficulties of smaller municipalities, dominant position of the main city/cities, leadership style, trust, authorities’ fears about limiting their independence in the field of cooperation, influence of political views on relationships.
- Author:
Przemysław Kuczkowski
- E-mail:
pk@ukw.edu.pl
- Institution:
Uniwersytet Kazimierza Wielkiego w Bydgoszczy
- ORCID:
https://orcid.org/0000-0003-4808-8577
- Year of publication:
2023
- Source:
Show
- Pages:
38-45
- DOI Address:
https://doi.org/10.15804/CPLS.2023104
- PDF:
cpls/5/cpls504.pdf
Assistance of Polish cities with county rights provided to Ukrainian international cooperation partners during the period of Russian aggression. The example of the Kuyavian-Pomeranian voivodeship
The aim of the research is to verify the admissibility of granting financial and material aid to territorial units from Ukraine by Polish cities with poviat rights. Consideration was also given to the state and scale of cooperation between cities with county rights (i.e. Bydgoszcz, Toruń and Włocławek) from the Kujawsko-Pomorskie Voivodeship and their partners from Ukraine during the period of Russian aggression. The paper uses the method of content analysis, in addition, own research was carried out involving local governments from the Kuyavian-Pomeranian Voivodeship and the results are presented. The results of the research in this paper proved that there is a legal possibility on the basis of the Act on local self-government (at the same time bearing in mind the provisions of the Act on public finances) to provide financial support from one’s own budget in the form of financial aid and in-kind support in the form of aid in kind to “local and regional communities” in Ukraine, including during the period of Russia’s aggression against Ukraine. In addition, the article found that all surveyed Polish local governments implemented international cooperation focused on humanitarian aid to Ukrainian partners. The article is original in nature and was devoted entirely to the issue of international cooperation during the period of Russia’s aggression against Ukraine.
- Author:
Bronisław Sitek
- E-mail:
bronislaw.sitek@gmail.com
- Institution:
SWPS Uniwersytet Humanistycznospołeczny w Warszawie
- ORCID:
https://orcid.org/0000-0002-7365-6954
- Year of publication:
2023
- Source:
Show
- Pages:
67-79
- DOI Address:
https://doi.org/10.15804/ppk.2023.04.05
- PDF:
ppk/74/ppk7405.pdf
Constitutional Basis for the Providing Function of Commune/Municipal Self-Governmen
The subject of the study is a legal-historical analysis showing the development and objective scope of the function of local government. The scope of the conducted analysis was limited to the comparison of legal and institutional solutions in Poland with those existing in ancient Rome. The starting point of the study is the analysis of the provisions of the Constitution in terms of the supporting function of local government. For this purpose, it is necessary to discuss such issues as: the status of the constitutions of both countries, the system and the systemic position of the commune and municipal Currently, there is talk of limited autonomy of local governments, but in the case of municipalities, one should talk about independence. In the final conclusions, it was indicated that the scope of the providing function of the municipia was basically limited to the supply of water to the city, grain.
- Author:
Magdalena Sitek
- E-mail:
ms@wsge.edu.pl
- Institution:
Wyższa Szkoła Gospodarki Euroregionalnej im. Alcide De Gasperi
- ORCID:
https://orcid.org/0000-0002-7686-3617
- Year of publication:
2023
- Source:
Show
- Pages:
121-133
- DOI Address:
https://doi.org/10.15804/ppk.2023.04.09
- PDF:
ppk/74/ppk7409.pdf
Constitutional and Statutory Basis for the Cooperation of Commune Self-Governments with Non-Governmental Organizations in the Implementation of the Providing Function for the War Refugees from Ukraine
The subject of the study is the performance of a providing function by communal governments in Poland in the context of the influx of war refugees from Ukraine in 2022. The work analyzes the legal basis for the operation of Polish local governments in this area. The author adopted as a research hypothesis the statement according to which the implementation of social assistance for war refugees from Ukraine was possible thanks to the cooperation of local governments with non-governmental organizations and parishes. The aim of the study is to show the need and effectiveness of cooperation between local governments and non-governmental organizations in Poland and parishes. The final conclusion of the study is the statement that thanks to the cooperation of local governments with non-governmental organizations and parishes, communal governments could better fulfill their function of providing services to people in need.