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Uprawnienia kontrolne w samorządzie terytorialnym w świetle nowelizacji z 2018 roku

100%

Jaworska-Dębska B.

Opolskie Studia Administracyjno-Prawne

2018

vol. 16

issue 1 (1)

55-64

Within the existing model of control in local government, the domineering position was held by a legislative and controlling body, realising its controlling functions mainly through an audit commission, other commissions and in pleno. Its control extended over the activity of the executive body, local government organisational units, and – within a municipality – auxiliary units. Within this model, a councillor did not have any statutory individual controlling competences. The Bill on Amending Certain Acts in Order to Increase the Participation of Citizens in the Process of Electing, Functioning and Controlling Certain Public Bodies (print no. 2001 of 10 November 2017; www.sejm.gov.pl) has given the councillors aset of competences in the area of controlling, which cannot be subject to clear assessment. Without any doubt, a positive aspect is giving the councillors the right to make major parliamentary questions and queries, which until now has only been granted in the bylaws of local governments. However, granting the councillors individual controlling rights shall be deemed negative. The basic drawbacks of this solution give us the basis to conclude that they will not have a negative impact on the image of a councillor as a member of a legislative and controlling body, and – in consequence – on the image of the local government among local communities.

Rola samorządu terytorialnego w zakresie wychowania w trzeźwości i przeciwdziałania alkoholizmowi (część druga)

51%

Budzisz R., Jaworska-Dębska B., Wlaźlak K.

Studia Prawno-Ekonomiczne

2009

vol. LXXX (80)

55-87

There is a positive aspect of the putting by legislator the wide tasks in the social sphere of upbringing in sobriety and counteracting alcoholism on the gminas. However it is a pity that with reference to poviat and regional self-governments legislator did not follow the idea of involving other levels of the self-government in performing these tasks, taking into consideration the peculiarity of poviat and regional self-governments. The Authors suggest, however, that there are explicit needs emerging in this area. Moreover, Authors formulate a large amount of criticism directed against the Act on upbringing in the sobriety and counteracting alcoholism as a legal act forming the basis for performing tasks of self-government units in the social sphere of upbringing in the sobriety and counteracting alcoholism. First and foremost, they indicate lack of precision, numerous legal loopholes and legislative chaos caused by subsequent legal amendments. Moreover, they emphasize lack of correlation with other acts concerning addictions and addicts, including the Act on counteracting the drug addiction. Thirdly, they show that imposing tasks of this sphere only to a small extent on the poviat self-government causes a breach in the system of reacting to social problems in which in other spheres poviat administration is significantly involved (e.g. welfare). Fourthly, they formulate a more general thesis that the legislator does not have a clear concept of the participation of the public administration, including territorial self-government, in solving and counteracting alcohol problems. It seems that a comprehensive analysis of the social sphere of the problem of addictions (including alcohol addictions) is the method for resolving this problem. Besides, one should consider formulating tasks for public administration (in particular territorial self-government) in one legal act, which may result in consolidating the actions of the administration in the struggle against so difficult and socially dangerous phenomenon of alcoholism and drug addiction.

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1 Opolskie Studia Administracyjno-Prawne

1 Studia Prawno-Ekonomiczne

2 Jaworska-Dębska B.

1 Budzisz R.

1 Wlaźlak K.

1 2018

1 2009

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Uprawnienia kontrolne w samorządzie terytorialnym w świetle nowelizacji z 2018 roku

Rola samorządu terytorialnego w zakresie wychowania w trzeźwości i przeciwdziałania alkoholizmowi (część druga)