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1
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Changes and challenges: Local representative democracy in Poland

100%
Radzik-Maruszak K.
Annales Universitatis Mariae Curie-Skłodowska, sectio K – Politologia
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2016
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vol. 23
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issue 1
EN
The purpose of this paper is to report on how elected representatives perceive the current status and role of municipal council in governing process. The particular attention is paid to the impact of the introduced in 2002 leadership reform and influence of new participatory framework on council’s position and say. The paper draws on empirical data collected in municipalities of Lubelskie region under two, separate research projects in 2015 and 2016. The main research findings indicate that representing residents’ interests and controlling the executive constitute the priories for Polish councilors. Local representatives think at the same time that their role in governing process constantly diminishes. The main impact on this situation had the introduction of elected mayors what not only limited council’s say but also changed the governing pattern.
2
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Interpelacje i zapytania radnych

100%
Gierach E.
Zeszyty Prawnicze BAS
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2020
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issue 1(65)
219-222
EN
In the opinion of the author of the opinion, a communal council may include in a communal statutes issues related to interpellations and questions submitted by councillors. The provisions of the statutes in this respect may not repeat or modify the provisions of the Act on Communal Self-government, in particular the statutes of the commune may not provide for any other form of submission of these documents than a written one. There are no legal obstacles to including in the agenda of a session of the communal council an item concerning the information on the number of submitted interpellations and questions by councillors, their contents and the answers given to them.
3
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Uprawnienia kontrolne w samorządzie terytorialnym w świetle nowelizacji z 2018 roku

100%
Jaworska-Dębska B.
Opolskie Studia Administracyjno-Prawne
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2018
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vol. 16
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issue 1 (1)
55-64
EN
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.
4
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W sprawie oświadczeń majątkowych radnych

100%
Gierach E.
Przegląd Sejmowy
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2020
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issue 6(161)
195-202
EN
The opinion concerns the issue of submitting asset declarations by commune councillors, in particular: assessment of the admissibility of referring to a copy of PIT in selected sections of the asset declaration, indication of the total income obtained from several sources of employment, as well as too general indication of the place of employment. The scope of the opinion also covers the ssue of the mode of verification of asset declarations and the issue of admissibility of combining the function of a municipal councillor with the employment as a manager or deputy manager in municipal company with a 100% shareholding in the municipality.
5
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Dostęp radnych gminy do treści wydawanych przez wójta upoważnień do dostępu do informacji niejawnych o klauzuli „zastrzeżone”

100%
Gierach E.
Zeszyty Prawnicze BAS
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2023
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issue 3(79)
241-246
EN
The list of persons employed at the commune office and having access to classified information with the “restricted” clause shall be maintained by the representative for the protection of classified information. Access to the information contained in the indicated list has been significantly restricted by the legislator. The enumerative indication of the entities to which access to the contents of the list maintained by the representative may be granted excludes the possibility of making the contents of this document available to councillors. This makes it the more necessary to recognize that access by councillors to the contents of authorisations issued by the mayor in this respect is excluded.
6
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Glosa do postanowienia Wojewódzkiego Sądu Administracyjnego w Kielcach z 29 stycznia 2021 r., sygn. II SA/Ke 1068/20 (glosa krytyczna)

100%
Gajewski S.
Studia Prawa Publicznego
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2022
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issue 1 (37)
169-183
EN
In its judgment of 29 January 2021, ref. II SA/Ke 1068/20, the Provincial Adminis- trative Court in Kielce held that a request submitted by a councillor under Article 24(2) of the Act on Municipal Self-Government for access to information and materi- als cannot be treated as a request for access to public information, and that a refusal or failure to act in this respect is not subject to an administrative court review. It is impossible to agree with this position. The information and materials referred to in Art. 24 Clause 2 of the Act on Municipal Self-Government may constitute public information, although this is not necessarily the case. This is clearly supported by their subject matter. Failure to make information and materials available to a coun- cillor under Art. 24 Clause 2 of the Act on Municipal Self-Government may then be subject to judicial review. If the subject matter is public information, inaction   in this respect may be challenged by filing a complaint for inaction, as provided for in Art. 3 § 2 Item 8 of the Administrative Court Proceedings Act. In other cases, this may be done by filing a complaint, as provided for in Article 101a of the Act on Municipal Self-Government.
7
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Wygaśnięcie mandatu radnego w związku z objęciem mandatu posła oraz termin rezygnacji z funkcji członka zarządu spółki, w której Skarb Państwa ma 100% udziałów

88%
Karolczak J. M.
Zeszyty Prawnicze BAS
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2022
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issue 4(76)
198-204
EN
The mandate of a councillor elected as a Deputy expires by virtue of law. A Deputy is not obliged to resign in this respect. The electoral commissioner declares the expiry of the mandate by means of a decision. In the absence of a clear time limit indicated in the Act, Deputies should be advised to resign by the date they take up their mandate. If a Deputy does not resign, he or she will lose his or her office by virtue of law three months after taking the Deputy’s oath.
8
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Glosa do wyroku Naczelnego Sądu Administracyjnego z 31 stycznia 2023 r., sygn. akt III OSK 1008/22 (dokonywanie zakupów na zasadach powszechnej dostępności a wygaśnięcie mandatu radnego gminnego)

88%
Trela A.
Studia Prawa Publicznego
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2023
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issue 4 (44)
135-154
EN
The gloss deals with an analysis of the provision of Art. 24f sec. 1 of the Act of 8 March 1990 on commune self-government (u.s.g.), from which it follows that councillors may not conduct business activity on their own account or jointly with other persons using the communal property of the municipality in which the councilor obtained the mandate, as well as managing such activity or be the representative or proxy in the conduct of such activities. Violation of this prohibition results in the loss of the ticket. The established anticorruption provision still raises many doubts. As a rule, it is assumed that due to its purpose and the subject and scope of violations, this prohibition is not absolute. Particularly controversial is the use of municipal property by the councillor on the principles of its universal availability, consisting in making purchases in the councillor’s shop, which do not require the use of public procurement. In order to clarify the essence of this case, the issues that do not raise doubts under Art. 24f sec. 1 u.s.g. and which entail the absolute necessity of terminating the mandate of the councillor are discussed first. Following this, judgments are presented in which administrative courts found that the use of property on the basis of general availability is allowed unless it privileges the position of the councillor and any purchases made in stores owned by the councillor do not result from prior arrangements or contracts. The development of this concept is dictated by the content of constitutional provisions and the ratio legis of Art. 24f sec. 1 u.s.g.
9
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Niepołączalność stanowisk członków organów jednostek pomocniczych w gminach

75%
Skotnicki K.
Zeszyty Prawnicze BAS
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2018
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issue 3(59)
210-215
EN
A danger of conflict of interests in case of election to a legislative or an executive body of an auxiliary unit exists both with regard to executive positions and all local self-government employees (including councillors). A prohibition of standing for a position in the legislative (or executive) body of the auxiliary unit by a local self-government officer is not admissible, because regulating human rights may be exclusively regulated by statutes. Introducing statutory provisions concerning a formal incompatibility may prevent such conflict of interests. Such problem (conflict of interests) does not exist in case when the local government officer resides and works in different communes.
10
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Hus a pražští konšelé v předvečer revoluce : staroměstské soudní knihy pro dluhy a možnosti jejich výpovědi pro dějiny města

63%
Musílek M., Miller S.
Český časopis historický (The Czech Historical Review)
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2019
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vol. 117
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issue 2
275-317
EN
The study focuses on an analysis of the Old Town Judicial Books for Debts from the 15th century (Libri judiciorum pro pecuniam, Prague City Archives /AMP/, Collection of Manuscripts /Sbírka rukopisů/, sign. 997 and 998), which are a source kept as a series, which allows an admittedly limited but immensely interesting insight into the power, social and economic life of the town. Through their data, they make it possible to specify further some of the existing inaccuracies in the composition of town councils, to supplement the persons holding the post of Old Town magistrate, or to extend the number of entries on burgher surrenders. By observing the burghers, who attended the sessions of the courts opened in 1407 through 1413, allows us, however, to capture more precisely in a limited way the power and nationality conflicts, which were taking place in the town in the period before the outbreak of the Hussite revolution (1419–1434). Their analysis proves that there really was a definitive victory of the Bohemian side in 1408, which was led by Johánek Ortlův /Johanco Ortlini/ and Čeněk the cloth cutter /Czenco pannicida/. It seems that Johánek with his adherents became the uncrowned ruler of the town in 1408 through 1413 as was later managed in the post-revolutionary period by the brothers Jan and Pešík from Kunvald and some other burghers. Hence, we can see already in pre-Hussite Prague the beginnings of breaking of the existing habits in the internal administration of the town and its domination by only one interest group of burghers with a strong leader at its head.
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