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EN
Large-scale investment is routinely believed to be the main danger to urban heritage. The measures designed to sustain heritage thus traditionally focus on steering investment into respectful ways of real-estate development. The majority of Czech built heritage is, however, located in towns and villages that rather face economic decline. Losses of objects of heritage in such places are often due to lack of maintenance. The case study of this article discusses the issues of heritage protection and restoration of the Enlisted town zone of Mšeno, where affordability and communication of values are the key issues in heritage protection.
EN
According to the international and EU law, as well as national laws of the some states, during environmental decision-making public participation procedure should be carried out. The procedure begins from the notification, which should be implemented in the adequate way. This means that it should consist of the information listed in art. 6 para. 2 points from a to e of the Aarhus Convention. This information can be divided into two groups. The first group is aimed at notification of the public concerned about the planned project (what it is, what its purpose is, which decisions and by which authority can be taken). The second group is directed at the members of public who are interested in participating in this proceeding. Thus, this group of information concerns the subsequent stages of the public participation procedure. This includes the possibilities to examine the relevant documentation, to submit comments and proposals, which will be considered during the decision-making, as well as to be notified about the final decision. The general rule is to provide sufficiently detailed information to facilitate the public participation in the proceedings. The relevant EU and Polish legislation rather correctly implement these requirements.
EN
The principles of availability of information about the state and environmental protection were regulated in the Convention in Aarhus and the Directive no. 2003/4/WE of the European Parliament and of the Council on public access to environmental information and repealing Council Directive 90/313/EEC and in the Polish legislation in the Law of 2008 on environmental information, public participation in environment protection and on environmental impact assessments. The authors of the paper showed the legal status in the range of the availability principles of information about the environmental state and protection aspect in related to the public participation in the protection of environment.
EN
Utilizing the regional data of China covering 29 provinces and municipalities during 1990-2009, this article outlines a systematic approach to investigate the relations between public participation, government regulation and environment pollutions. Results show that government regulation influences environment pollutions while environment pollutions have no influence on government regulation in the short term. Besides, environment pollutions and public participation have no influence on each other. In the long term, there exists the granger causality among public participation, government regulation and environment pollutions. Our results also show that improving the public participation’s ability in environmental protection and strengthening government regulation’s intensity are the basic measures to improve China's environmental pollution in the long run.
EN
Information society is characterized by self-organization and distributed information processing abilities. At the same time there is an increase in demand for participation in local decision processes. To meet these new expectations the authors present new, alternative framework for management of cities, in which local authorities are moderators, consultants and managers, whereas all stakeholders participate in decision making within purposely created networks and groups. In the article authors also indicate selected city infrastructure elements, which ownership and management could be transferred into “city cloud”.
EN
Changes in the attitude of local authorities towards the public participation in the decision making processes have prompted development of new methods of such involvement. As far as the urban planning is concerned, of particular potential is the so-called Public Participation Geographic Information Systems (PPGIS). One of the tools used for the purpose is a geo-questionnaire, combining the benefits of a standard questionnaire and a map, which permits collecting information on particular sites and on the respondents’ ideas on localisation of new objects and functionalities.Within the project “Geoportal supporting public participation in urban planning”, in the years 2015–2016, a study was undertaken to explore the effectiveness and usefulness of the geo-questionnaire. Five pilot studies were performed in the Poznań and Łódź agglomerations. The geo-questionnaires concerned the local spatial management plan in Rokietnica (Poznań agglomeration), landscape protection in Łódź, conception of the transportation system development in Łódź, conception of urban design of the Łazarski Market in Poznań, and the Map of Local Needs in the city center of Poznań. The aim of the study was to present the preliminary results of the initial implementations of geo-questionnaire developed within the project Geoportal supporting public participation in urban planning. The applications of geo-questionnaire have been analysed taking into account the characteristics of implementation areas, characteristics of users, the effectiveness of recruitment methods and opinions about the tool from two points of view: the respondents and the recipients of results.
EN
Authentic interpretation of laws is an interpretation of legal provisions that, due to their lack of clarity or misinterpretation in their application, is provided by the parliament. Unlike the legislative procedure, which is conducted, as a rule, in two (exceptionally three) readings, a proposal for giving an authentic interpretation is discussed in one reading. Starting from the understandings of some authors that the act of authentic interpretation of laws is contrary to the principle of democratic pluralism, and that it lacks the necessary level of democratic control and citizen participation, the author examines whether the Croatian parliamentary law enables public participation in the procedure for authentic interpretation of laws and, if so, what legal instruments can be used to implement it in parliamentary practice. To this end, the paper analyzes several relevant constitutional, legal, and procedural provisions of the Croatian parliamentary law, with reference to a parliamentary practice. Given the fact that the procedure for authentic interpretation in the Republic of Croatia, the Republic of Northern Macedonia, the Republic of Slovenia and the Republic of Serbia is regulated in a similar way by the rules of procedure of their respective parliaments, the relevant regulations of the latter three countries on the possibility of public participation in this procedure are analyzed as well. It was concluded that Croatian parliamentary law enables public participation in the procedure for authentic interpretation, through the instruments of petition, information and involvement in working groups and working bodies, and the same instruments, with certain specifics, are recognized in the parliamentary law of the latter three countries.
Prawo
|
2015
|
issue 318
85 - 94
EN
Settlements taken in the process of local spatial planning are very important for the implementation of the principle of sustainable development. It is therefore important to ensure public participation in them. The article contains an analysis of the legal forms of public participation in spatial planning and identifies the benefits of using mediation. Involvement the parties in negotiations with the presence of the mediator could bring benefits to both: municipal authorities and parties. It makes easier reaching an optimal planning solution by the authorities and the parties receive opportunity to realize their plans and interests. Mediation as a form of multilateral communication can better meet the requirements of participatory democracy than those provided by the law of public consultation which have forms of notes or participation in public discussion.
9
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EN
A crisis of contemporary democracy, long proclaimed by political analysts, and the growing discontent with its practice have given a stimulus for various remedial actions. One of these actions is the idea of deliberative democracy. Deliberative democracy is not only a multi-facet theoretical project (outlined briefly in the present article) but also a practice of promoting community participation and of introducing various, even non-standard, methods of participation. Such was the idea behind a presidential initiative in 2010 for setting up a platform for public discussion, Forum for Public Debate. The aims and objectives of the platform, its focus, underlying principles, as well as procedures in place and the results of what has been undertaken within its framework – they all show that the initiative is a clear manifestation of what is called deliberative democracy.
EN
Public participation, understood as activity being aimed at involving citizens and nongovernmental organizations into the public life, into decision-making processes, the forming of public policies and into the performance of public tasks, is one of key elements of the Good Governance conception. Also in Poland it is possible to observe increasing an interest in solutions, having a positive effect on a quality and the effectiveness of governing the public sector in last years. Specially solutions based on increasing the level of efficient use the civil potential. Amongst numerous of legislative projects, such initiatives appear as: increasing the influence of citizens on using public funds; using available instruments of the participatory democracy (e.g. public consultation, referendum); creating forums of the public debate; increasing the access to public information; improving the information and the opinion exchange between citizens and the authorities; creating or bringing into play functioning of support units of the local self-government and the institution of the civil dialogue; and the like. However, implementing and practical using of proposed instruments of the public participation are coming across a number of problems: lack of interest, lack of the support or resistance of political environments; administrative barriers; imprecise rules of functioning of non-governmental organizations, financial-property condition of the NGO’s sector. It is main conditioning of the public participation and causes of delays and impediments in for her functioning and the development.
EN
The paper presents the results of analysis of the status of organizational and legal mechanism of public administration of electronic consultations (e-consultations) as well as scientific and theoretical substantiation of recommendations to Ukrainian authorities on their improvement. The study of national and international laws in regard to functioning of the mechanism of e-consultations has been conducted to determine positive and negative factors influencing its application. Ways to improve specified mechanism regarding the structure of units of central (regional, local) executive bodies and local governments, legal normative acts concerning e-consultations and participation of public councils in the process of e-consultations have been offered. The main shortcomings of the organizational and legal mechanism of public administration of national e-consultations have been identified, including: low 36 Yanis Yansons quality of e-consultations; unwillingness of the subjects of power to allow the civil society to have a real impact on state affairs, lack of responsibility for ignoring the law in regard to organization and conduct of e-consultations, distrust of the authorities and “digital inequality” etc. Based on the analysis of international experience in implementing the tool of e-consultations, ways to improve the procedure for its implementation in Ukraine, changes to national laws and recommendations to central (regional, local) executive bodies and local governments, public councils and the civil society to improve the organizational and legal mechanism managing tool of econsultations implementation, operation and development.
EN
A high level of public participation is a much desired state of affairs as it entails numerous benefits for the participants of the political system. Citizens gain access to legislative procedures, can express their opinions often backed by expert knowledge, have a sense of co-responsibility for the ongoing developments, etc. The authorities, in turn, without any serious weakening of their monopoly on decisions, gain access to, among others, expert knowledge, the possibility to build a broader social consensus around their actions and in this way avoid the danger of political turbulence in the form of mass protests. The problem, however, lies in the fact that such participation both at the EU and domestic level is far below the desired degree – for very different reasons citizens do not join in those processes. This inadequacy has in a way forced decision-making centers to undertake various initiatives aimed at improving the state of things. The article is an attempt to answer the question: which of the remarks and conclusions related to the introduction of two essential mechanisms of participation at the EU’s supranational level can be implemented into the state system of the Republic of Poland.
EN
The aim of this paper is a proposal for an e ective selection of communication toolkit within public involvement in the process of improving the quality of public sector activities. The proposal is aimed at optimizing the selection of communication tools depending on the weighting of the criteria required quality in the planning of strategic communication in the public administration. This proposal builds on the recommendations of the Ministry of the Interior of the Czech Republic, aimed at involving the public in the preparation of government documents. Application of the recommendations in practice is associated with risks of miscalculation suitability of communications tools to the communications context. Application of that proposal would lead to a reduction or complete elimination of this risk.
EN
The paper presents a review of contributions to the scientific discussion on modern methods and tools for public participation in urban planning. This discussion took place in Obrzycko near Poznań, Poland. The meeting was designed to allow for an ample discussion on the themes of public participatory geographic information systems, participatory geographic information systems, volunteered geographic information, citizen science, Geoweb, geographical information and communication technology, Geo-Citizen participation, geo-questionnaire, geo-discussion, GeoParticipation, Geodesign, Big Data and urban planning. Participants in the discussion were scholars from Austria, Brazil, the Czech Republic, Finland, Ireland, Italy, the Netherlands, Poland, the United Kingdom, and the USA. A review of public participation in urban planning shows new developments in concepts and methods rooted in geography, landscape architecture, psychology, and sociology, accompanied by progress in geoinformation and communication technologies. The discussions emphasized that it is extremely important to state the conditions of symmetric cooperation between city authorities, urban planners and public participation representatives, social organizations, as well as residents.
EN
Recently, the issue of intercultural relations between immigrants and the host society has been widely discussed. Taking into account the increasing spatial mobility of non-EU foreigners, it seems highly important to examine their relations with the host community on the local level. This article presents the results of the qualitative study conducted in the first quarter of 2014 in the Lesznowola municipality (Mazowieckie province, Piaseczno district) in Poland. It aims at analysing the situation of the Vietnamese community and its engagement in the local life of the municipality and examine attitudes of both Vietnamese and Poles towards prospects for granting local voting rights to migrants in Poland. Through several years of successful business and social cooperation, the Vietnamese immigrants have become a recognisable part of the social landscape of the municipality. The degree of social and political participation at the local level on the part of the Vietnamese community has also increased, which can be observed, for example, through such practical indicator as cooperation with local educational institutions. Therefore, we can argue that the Vietnamese community has been transforming itself from a marginalised and self-sufficient homogeneous group into more and more self-aware and active socio-political group of actors.
EN
The paper presents a review of contributions to the scientific discussion on modern methods and tools for public participation in urban planning. This discussion took place in Obrzycko near Poznań, Poland. The meeting was designed to allow for an ample discussion on the themes of public participatory geographic information systems, participatory geographic information systems, volunteered geographic information, citizen science, Geoweb, geographical information and communication technology, Geo-Citizen participation, geo-questionnaire, geo-discussion, GeoParticipation, Geodesign, Big Data and urban planning. Participants in the discussion were scholars from Austria, Brazil, the Czech Republic, Finland, Ireland, Italy, the Netherlands, Poland, the United Kingdom, and the USA. A review of public participation in urban planning shows new developments in concepts and methods rooted in geography, landscape architecture, psychology, and sociology, accompanied by progress in geoinformation and communication technologies. The discussions emphasized that it is extremely important to state the conditions of symmetric cooperation between city authorities, urban planners and public participation representatives, social organizations, as well as residents.
XX
The paper presents a review of selected literature, domestic and international, reflecting the origins of public management in the municipal local governments. Identified three main types of management: bureaucracy – based on legitimate legal authority and qualified team of subordinate officials pursuing organization, managerial – which provides support to government officials and management techniques and business sector entities, to develop a set of standards and improve the efficiency and effectiveness of the results, and governance – open to broad cooperation entities representing all sectors, focused on innovation and development. Characterized as the main actors involved in these processes (international institutions, governments, and local governments, citizens and their organizations) and the involvement of local stakeholders in the creation of public policy. Literature shows that despite the existing and richer opportunities for participation and shared local politics is still an imbalance, asymmetry that puts local authorities in a privileged, dominant position.
PL
Autor opisuje inicjatywy społeczne i artystyczne w rewitalizowanym śródmieściu Kielc, budzące wśród mieszkańców nadzieję, że mogą mieć wpływ na kształt swojego otoczenia. Działania lokalnych grup społecznych z Nowych Ruchów Miejskich nie zawsze są aprobowane przez władze miasta, ale motywują mieszkańców do większego zaangażowania w procesy rewitalizacyjne. Identyfikacja z miejscem zamieszkania to jedna z najcenniejszych wartości w budowaniu lokalnego programu rewitalizacji, a jednocześnie wyznacznik rozwoju społeczeństwa obywatelskiego. W artykule przedstawiono inicjatywy, które mają istotny wpływ na proces rewitalizacji nie tylko w sferze architektonicznej, lecz również niematerialnej.
EN
The article describes grassroots and artistic initiatives in still revitalized Kielce city centre, raising hope amongst residents that they can have influence on their surroundings. The activity of local social groups from so-called New Urban Movements not always arouses the admiration of city authorities, but it motivates for bigger involvement of the city residents in renovation processes. An identification with the domicile is one of the most precious values in building the local program of the revitalization, simultaneously becoming an indicator of the development of civil society. The paper shows initiatives, which have a significant influence on the process of the revitalization not only in the architectural context but also in immaterial sphere.
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