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 European region as a form of territorial division of the European Union

The aspirations to develop cooperation within the European Union with partners at the regional level result from the considerable diversification of national legal systems and procedures and the resulting significant difficulties in the conduct and management of cooperation activities. An impulse to deepen the role of the region was the implementation of Structural Fund programs. Voivodships as regions are candidates for the role of the third participant of the EU agreement creating a new three-level system: the community – the state – the region. To participate in this role they must actively work to strengthen their position on the European forum, in particular in the bodies where are creating regional policy. An opportunity for the regions is the development of the European Union’s regional policy, the aim of which is to reduce the differences in local development and eliminate areas of poverty and backwardness. The article presents legal aspects related to the definition of “the region” under Polish law. It also presents the advantages of the Polish voivodship at the EU forum and possible forms of impact on the implemented EU policy.

The Key Principles of Decentralization of State Power and Peculiarities of Its Realization in Conditions of Democratic Transformation: Experience of Ukraine

 In this article, we write about the key principles of decentralization of state power and peculiarities of its realization in conditions of democratic transformation (experience of Ukraine). Decentralization became a real megatrend of the XX and probably XXI centuries (at least in Ukraine). First of all because of the ever-increasing interest of people in the role of civil society and the private sector as the primary partners of the state and local self-government bodies to search for new methods, instruments and approaches to solve local issues at the level of their emergence. Decentralization as a process involves, first of all, restructuring, review of procedures and redistribution of powers to increase the competitiveness of territorial communities, to strengthen democracy and effectively address local issues at the level of their emergence. At the time of globalization, decentralization has become its foundation, as it increases the weight of local rule-making and the importance of relationships at the international, national, regional and local levels through the practical application of the principle of subsidiarity.

Basis of Constitutional Aspects of Deglomeration

The main goal of the author is to present the deglomeration, seen as a process of transferring seats of central state organs from the capital to other cities, as well as analysing constitutional possibilities of its implementing. As an introduction and explanation of the topic definition problems are presented, along with implementing the deglomeration’s ideas in modern states, including contemporary Republic of Poland, and the pros and cons of the process. Deglomeration still is not a well-known and well-described by the constitutional law doctrine institution. Thus, the article is to be an introduction to the constitutional aspects of deglomeration, especially its relation to such rules as the unitarity, decentralization of power and the norm recognizing Warsaw as the state capital. Finally, the author’s goal is to answer the question: is amending the constitution necessary to go a step further with deglomeration process, which means transferring the most important organs’ seats from the capital elsewhere. In conclusion, although the Constitution itself does not prevent from deglomeration’s progress, certain law changes have to be made in order to establish criteria for cities in which the beforementioned organs would be placed.

Udział samorządu specjalnego w wykonywaniu administracji publicznej

Celem niniejszego artykułu jest analiza istniejących w polskim systemie prawnym podstaw funkcjonowania samorządu specjalnego oraz jego rola w wykonywaniu administracji publicznej poprzez analizę samorządu zawodowego oraz gospodarczego. Warto podkreślić, że samorząd zawodowy jest wyrazem budowania społeczeństwa obywatelskiego. Reprezentuje osoby wykonujące zawody zaufania publicznego, których rola sprowadza się do realizacji zgodnie z zasadą pomocniczości zadań publicznych zleconych im przez państwo. Zauważyć należy także, że wprowadzenie do polskiej ustawy zasadniczej samorządów zaufania publicznego jest wyrazem kreowania zaufania obywateli do określonego zawodu. Natomiast istotę samorządu gospodarczego dostrzega się w korporacji tworzonej z mocy prawa, wyposażonej we władztwo administracyjne, celem wykonywania zdecentralizowanej administracji publicznej i tworzonej dla upodmiotowienia przedsiębiorców, powiększając w ten sposób zakres zarządzania partycypacyjnego.

Self-Government And Decentralisation In The Political Thought Of Hans-Hermann Hoppe

The aim of this article is to reconstruct and analyse the ideas of self-government and decentralisation present in the thought of a leading representative of anarcho-capitalist libertarianism, Hans-Hermann Hoppe. In the previous research on the history of political thought concerning local government, there is no study that would concern the attitude of libertarianism to local communities. In the study of libertarianism, in turn, as well as in libertarian thought itself, the issues of self-government, decentralisation or local government are rather a side issue, absent in the course of the main considerations. The counter-intuitive nature of libertarianism as a doctrine that advocates an anarcho-capitalist order, which excludes the existence of state institutions, also argues in favour of addressing the title topic. Contrasting the anarcho-capitalist view of self-government and decentralisation with the contemporary dominant understanding of local government may contribute to enriching the discussion within normative local government theory with new conclusions and perspectives. This article, due to the limited scope of the research, is only a contribution to further studies on the problem of self-government and decentralisation in libertarian thought.

From decentralization to (re)centralization. Policies of those in power towards local governments in Poland after 2015

For Poland, the turn of the 1980s and 1990s for Poland was the beginning of a profound systemic change dubbed transformation. As the result of multifaceted alterations, a new political system was shaped based on the patterns, standards and principles on which democratic states and societies base their organization and functioning. The principle of decentralization determined the direction and nature of changes in the construction of the administrative apparatus of the state, so that its bodies and institutions could perform the assigned tasks and functions in a practical manner. Local governments became a significant component of the new structure of public authorities, and they were entrusted with the implementation of the part of public tasks which directly concerned local and regional communities. And although Polish local governments were not free from defects, and the implementation of tasks caused tensions between the state and local governments, until 2015 the principle of decentralization was respected by those in power. However, the elections in 2015 brought a change, and the new ruling party revealed its actual attitude to state governance, including all forms of local government.