- Author:
Waldemar Pudło
- Institution:
University of Opole (Poland)
- Year of publication:
2015
- Source:
Show
- Pages:
220-237
- DOI Address:
http://dx.doi.org/10.15804/ppsy2015016
- PDF:
ppsy/44/ppsy2015016.pdf
The principle of subsidiarity not only has formed many of provisions in the act on Public Benefit and Volunteer Work (particularly those related to social consultations and transferring of public tasks), but is also a directive forming the cooperative habits between the public and non-public sectors. This is a matter of great importance taking into account that the subsidiarity in Poland is not effectively implemented as it could be because of limited autonomy of the self–government and frequently occurring interference of the State. Unfortunately it results in limiting of ability to decide on the type and methods of performing tasks. In addition, financial resources usually are not sufficient. It would be desirable to maintain and develop this course because about 61% of the polish society finds the third sector more effective than the public one. More and more often (43%) the contribution of the non-governmental organisations on solution of local problems is perceived, although still near the half of respondents (48%) doubt that they would have an important impact on the solution of important social problems. There are also real concerns about corruption, other law abuses, or giving priority to private interest instead of communal one
- Author:
Jerzy Ciapała
- E-mail:
tljones@onet.eu
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-5062-3834
- Year of publication:
2021
- Source:
Show
- Pages:
223-241
- DOI Address:
https://doi.org/10.15804/ppk.2021.02.14
- PDF:
ppk/60/ppk6014.pdf
The position of the constitutions of the Member States of the European Union – a few remarks against the background of current conditions and the relationship of the Court of Justice of the European Union with national courts
The subject of the study is to demonstrate that the possibilities and prospects of federalizing the European Union are questionable in the context of current facts – pandemia, economic crisis, the internal situation of economically, socially and culturally diverse member states, and as a consequence of a significant legal event – the judgment of the Federal Constitutional Court of the Federal Republic of Germany of May 5, 2020. With the above judgment, the German Constitutional Court refused to recognize the binding force in Germany of the judgment of the Court of Justice of the European Union. This may affect the relations of the CJEU with the constitutional courts of the states, including the Polish Constitutional Tribunal, as the vast majority of them recognize the primacy of national constitutions.
- Author:
Jerzy Ciapała
- E-mail:
tljones@onet.eu
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-5062-3834
- Year of publication:
2024
- Source:
Show
- Pages:
167-182
- DOI Address:
https://doi.org/10.15804/ppk.2024.01.12
- PDF:
ppk/77/ppk7712.pdf
Constitutional Basis for Conducting Business by Local Government Units
The subject of the study concerns the constitutional and statutory basis for the economic activity of local government units. According to the Constitution, they are not entitled to the attribute of economic freedom, and therefore they should focus their economic activity on satisfying, in accordance with the laws, the needs of a given community of residents, avoiding economic risk and going beyond their own tasks. The insufficient level of local government’s own revenues was criticized, especially after 2015, which is inconsistent with the constitutional assumptions and causes financial crises, drastically limits expenses in many local governments, making it difficult to adequately meet the needs of residents.