prawo do zrzeszania się

Prawo gminy do zrzeszania się w świetle obowiązujących rozwiązań prawnych

Author: Emilia Gulińska
Institution: Uniwersytet Technologiczno-Humanistyczny im. Kazimierza Pułaskiego w Radomiu
ORCID: https://orcid.org/0000-0002-1106-5067
Year of publication: 2021
Source: Show
Pages: 189-201
DOI Address: https://doi.org/10.15804/ppk.2021.02.12
PDF: ppk/60/ppk6012.pdf

The right of the commune to associate in the light of applicable legal solutions

The purpose of this study is to analyze the constitutional legal regulation of the right of the commune to associate in the light of the applicable legal system. The starting point is to present the constitutional legal basis of the association. Next, accession to international associations by local government units was discussed. The next considerations concern international cooperation under European Union law. The last part of the work is an analysis of municipal associations in the light of the act on municipal self-government.

Prawo o stowarzyszeniach w aktualnych uwarunkowaniach społecznych i prawnych. Z doświadczeń prac nad projektem nowelizacji w latach 2009–2015

Author: Hubert Izdebski
Institution: SWPS Uniwersytet Humanistycznospołeczny
Year of publication: 2015
Source: Show
Pages: 71-86
DOI Address: https://doi.org/10.15804/tpn2015.1.04
PDF: tpn/8/TPN2015104.pdf

On the 25th of September, 2015 the Polish Parliament adopted the act amending the 1989 Act on Associations. Though there had been eight subsequent amendments, the 2015 act was the first aiming to substantially adapt the Act on Associations – the first legal effect of the political consensus achieved within the Round Table negotiations of the then Communist government and the “democratic opposition” – to new social and economic conditions of Poland. 26 years of functioning of the Act have been the time of passage from “real socialism” to “democratic state of law” having to base, according to the 1997 Constitution, on “social market economy”, and from a practical isolation of Poland within its borders to its opening to the world, in particular within the framework of European institutions. The article sketches, also on the basis of the author’s personal experience due to his participation in drafting and legislative works, the course of the revision works initiated in 2009, in particular of parliamentary works on the 2014 President’s draft law, as well as their limited results achieved in the 2015 act. Analyses of causes of such limitation are presented on the plane of the most important items of the pre- -parliamentary and parliamentary debates, i.e. right of legal persons to associate on equal terms with physical persons (not included in the President’s proposal), right of foreigners to associate on equal terms with citizens (and inhabitants) of Poland (its application had been proposed by the President, but not included in the act), and legal effect of the, generally agreed, elevation of the status of “ordinary association” on functioning of the present ordinary associations that would not wish to become new ordinary associations; the latter question relates to the fundamental issue of the sense of the freedom of association.

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