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Problems associated with the notion of “public duties” and “public utility services” with regard to the principle of the autonomy of local self-governments in Poland – an analysis of selected issues

100%

Cern G.

Opolskie Studia Administracyjno-Prawne

2018

vol. 16

issue 4 (2)

9-20

The aim of this paper is to highlight specific features related to the performance of public duties by local self-governments, focusing on their autonomy. Hence, it is essential that the conceptual boundaries of such notions as ‘public duties’ and duties associated with ‘public services’ are established at the outset. The current lack of clarity contributes to the complexity of the issue, and this is further complicated by a lack of clear legal regulations which would explicitly define the acceptable way in which public duties assigned to local self-governments are to be implemented. These issues suffice to explain the choice of the topic tackled in this study. Admittedly, it will not provide answers to all the problems associated with the public utility services which fall within the scope of the public duties discharged by particular local self-government units: gmina (municipality/commune), powiat (county), or województwo (voivodeship). However, it may form the basis for further research to be conducted in this field. Therefore, within the framework of this paper, issues related to local self-governments, their autonomy, and the concepts of ‘public duties’ and ‘duties in the field of public utility’ will be discussed. These issues are important, as they are inextricable from the decentralization of public authority, which consists in assigning numerous public duties to be fulfilled by local self-governments.

Uprawnienia mieszkańców jednostek samorządu terytorialnego w zakresie dostępu do informacji publicznej

63%

Cern G., Bojar-Fijałkowski T.

Filozofia Publiczna i Edukacja Demokratyczna

2014

vol. 3

issue 1

142-168

The text tries to answer a question which information is to be recognized as public information, whereby local communities and/ or self-government should share the information if requested by citizens. More than that, the text aims to present the rule of disclosure and access to public information as well as ways of implementing them in local governments. It is also worth to debate when public information is recognized as processed and what an internal document is, if it is also recognized as public information. In consequence, a requirement to prove a special social interest, when applying for the processed information, also becomes a significant issue. Finally, authors raise a question what to do when an organ which is obliged, in this case a self government unit, rejects an access to such information or when one deals with its inaction in that field. Due to a generality of those regulations and lack of legal definitions of many instruments, including the term of public information, it is necessary to present a doctrine and judgments on that issue.

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1 Filozofia Publiczna i Edukacja Demokratyczna

1 Opolskie Studia Administracyjno-Prawne

2 Cern G.

1 Bojar-Fijałkowski T.

1 2018

1 2014

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Problems associated with the notion of “public duties” and “public utility services” with regard to the principle of the autonomy of local self-governments in Poland – an analysis of selected issues

Uprawnienia mieszkańców jednostek samorządu terytorialnego w zakresie dostępu do informacji publicznej