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1
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Aktywizacja i oddolna inicjatywa mieszkańców jako metody działania na rzecz rozwoju lokalnego jednostek pomocniczych gminy na przykładzie sołectw

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Biniasz-Celka D.
Studia Prawa Publicznego
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2019
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issue 1(25)
145-160
EN
Activation and grassroots initiative of inhabitants are components of social change affecting local development. It is here that ideas materialise through the actions of individuals. It is assumed that development always exists in an active relation to social and cultural change, involving human, financial, environmental and infrastructural resources. It includes primarily community interactions of individuals in the process of activation for the local environment. The study assumed the hypothesis that activation and grass-roots initiative have a significant impact on local development of auxiliary units. The management of local affairs is based on the assumption that inhabitants of a certain area constitute a community aware of their needs and objectives, able to manage their own affairs independently. Activation and development of the community is defined as a collective undertaking, which requires, among other things, emotional commitment and effort of residents. It is a process that follows the steps of planned operation which involves preparing the action programme, establishing the aim, and setting ways to its implementation. At the same time there must be determined a method which will allow to achieve the intended effectiveness of the undertaking. Comprehensive understanding of activation and grassroots initiative indicates the role of development planning, strategy, and the importance of citizen participation in building a better future for their own socio-cultural environment. Activation within the meaning of citizen activation is associated with the search for independence and identification with the community and place as a “little homeland.”
2
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The Settlement of the Bidding Contest for a Public Task Implemented by Non-Governmental Organisations and Public Benefit Entities Without the Possibility of Initiating an Appeal Procedure

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Biniasz-Celka D.
Adam Mickiewicz University Law Review
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2020
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vol. 11
275-290
EN
The paper focuses on the financial cooperation of public administration bodies with public benefit organisations (PBOs) in the form of delegation or commissioning statutory public tasks. As a result of cooperation, a contract is concluded, which is preceded by an open bidding contest procedure. Nevertheless, there is no provision in the contest procedure which would constitute a substantive law basis for issuing an administrative decision or taking other actions referred to in art. 3(2)(4) of the Act of 30 August 2002 on the Administrative Court Procedure by a public administration body or an appointed contest committee.
3
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Raport o stanie gminy i debata nad nim w świetle niemieckiej koncepcji demokracji kooperacyjnej

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Biniasz-Celka D.
Studia Prawa Publicznego
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2020
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issue 3 (31)
99-117
EN
Under the Act of 11th January 2018 amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and controlling certain public authorities, the legislator has amended the provisions of all three constitutional acts, i.e. on local community self-government, district self-government and voivodeship self-government. The amendments concern, inter alia, the introduction of a mandatory institution, which is the report on the condition of the local community. Although the institution of the report refers to all levels of local self-government, this study concerns the local community, i.e. the self-government which is closest to its inhabitants, and which deals with the greatest number of issues affecting the quality of their life. The report on the condition of the local community is a form of presenting the issues listed in Article 28 aa section 2 of the Act on the Local Community Self-government, i.e. “the report shall include the summary of the activities implemented by the local community administrator in the previous year, in particular the implementationof policies, programmes and strategies, resolutions of the local community council and the citizens’ budget”. In addition to the obligation of presenting the annual report on the condition of the local community, there is a need for a debate with the participation of both councillors and local residents. This debate certainly provides an opportunity for direct communication between executive authorities and society. Moreover, a constructive and meaningful debate boosts the effectiveness of the actions undertaken by the local community administrator, which as a result may contribute to positive changes in how the local community functions, i.e. an increase in the effectiveness of the economy and in citizens’ quality of life. Following the ideas of German solutions in responding to local issues, the study attempts to present the institution of the report as a concept of cooperative democracy. The current proliferation of local democracy and the accompanying mechanisms of the new institutions may lead to broadly understood improvements in the conditions of local self-government residents.
PL
Under the Act of 11th January 2018 amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and controlling certain public authorities, the legislator has amended the provisions of all three constitutional acts, i.e. on local community self-government, district self-government and voivodeship self-government. The amendments concern, inter alia, the introduction of a mandatory institution, which is the report on the condition of the local community. Although the institution of the report refers to all levels of local self-government, this study concerns the local community, i.e. the self-government which is closest to its inhabitants, and which deals with the greatest number of issues affecting the quality of their life. The report on the condition of the local community is a form of presenting the issues listed in Article 28 aa section 2 of the Act on the Local Community Self-government, i.e. “the report shall include the summary of the activities implemented by the local community administrator in the previous year, in particular the implementationof policies, programmes and strategies, resolutions of the local community council and the citizens’ budget”. In addition to the obligation of presenting the annual report on the condition of the local community, there is a need for a debate with the participation of both councillors and local residents. This debate certainly provides an opportunity for direct communication between executive authorities and society. Moreover, a constructive and meaningful debate boosts the effectiveness of the actions undertaken by the local community administrator, which as a result may contribute to positive changes in how the local community functions, i.e. an increase in the effectiveness of the economy and in citizens’ quality of life. Following the ideas of German solutions in responding to local issues, the study attempts to present the institution of the report as a concept of cooperative democracy. The current proliferation of local democracy and the accompanying mechanisms of the new institutions may lead to broadly understood improvements in the conditions of local self-government residents.        
4
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Gminny Program Profilaktyki i Rozwiązywania Problemów Alkoholowych jako podstawowa forma realizacji zadań własnych gminy z zakresu profilaktyki i rozwiązywania problemów alkoholowych

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Biniasz-Celka D.
Studia Prawa Publicznego
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2020
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issue 1(29)
71-93
EN
The system of preventing and resolving alcohol-related problems used in Poland gives municipalities (gminas), as territorial units, the fundamental role in it. The municipality council is obliged to establish a number of programmes on the basis of the act on municipality self-government, as well as the regulations of other acts, including the Act of 26th October 1982 on Upbringing in Sobriety and Counteracting Alcoholism (A.U.S.C.A.) of the Municipality Programme for Preventing and Resolving Alcohol-related Problems (LCPP&RAP). The programme takes into account the areas of action listed in Article 41 section 1 of the A.U.S.C.A. and the indications included in the recommendations developed by the National Agency for Resolving Alcohol-related Problems. It should be emphasized that the implementation of tasks in the field of preventing and resolving alcohol-related problems under the programme is part of the strategy for resolving social problems, and takes into account the operational objectives set out in the National Health Programme. The regulations of the A.U.S.C.A. also provide the municipality witha significant role in implementing actions to tackle alcohol addiction. The actions are taken on three levels by: (1) appointing a local community committee for resolving problems (Article 41 section 3), (2) determining within resolutions the maximum number of permits for the sale of alcoholic beverages and the rules of locating places of sale and serving alcoholic beverages (Article 12 sections 1–3), (3) issuing permits for the sale of alcohol (Article 18 section 1) and monitoring the legitimacy of using these permits (Article 18 section 8). In addition, the LCPP&RAP provides solutions regarding forms, methods and projects undertaken by the municipality. It is important to note that the municipality self-government, as a result of decentralization of the state, has received extensive competence to conduct its own policy on alcohol-related problems, which is why its role is crucial.
5
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Cywilnoprawne aspekty umów zawieranych pomiędzy organem administracji publicznej a organizacją pozarządową w celu realizacji zadań publicznych

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Biniasz-Celka D.
Studia Prawa Publicznego
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2019
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issue 4(28)
53-78
EN
The article focuses on selected aspects of collaboration between public authorities and public benefit organizations (PBOs). PBOs not only enable the development of active citizenship, but also contribute to the effective implementation of public tasks, thus helping the authorities in implementing their statutory duties. An out­come of the collaboration may be, among other things, an agreement to implement certain tasks, taking the form of, for example, the realization of a task or the support provided for its realization following competitive tendering and in justified cases without the tender, or performed within the framework of a local initiative. The main focus of the article is to determine the scope of the autonomy of the parties in the classic approach, keeping in mind that the autonomy is one of the main principles governing civil law. Parties in a civil law contract must be able to create autonomous relationships. Consequently, in order to fulfil its functions, civil law must be an open system which regulates typical situations in a non-authoritative manner. The essential question seems to be to what extent this attitude may be transposed to public law. Undoubtedly, an agreement as a form of an administrative activity will never have the same legal nature as an agreement concluded between private parties. An administrative body that applies private law forms of action does not become subject to the same rights as a private entity and, consequently, is not exempt from the obligation to comply with the fundamental constitutional principles and values that have been established with a view of protecting civil rights and freedoms.
6
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Rola Towarzystwa Budownictwa Społecznego w zaspokajaniu lokalnych potrzeb mieszkaniowych

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Biniasz-Celka D.
Studia Prawa Publicznego
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2020
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issue 2 (30)
181-201
EN
By the Act of 8 March 1990 on Municipal Self-Government, the legislator imposed a wide range of tasks to be performed by the municipality, including meeting the community’s needs in the area of municipal housing. The aim of the study is to present a legal entity that is autonomous from the commune and managed as a limited liability company, namely the Towarzystwo Budownictwa Społecznego (TBS) [Social Housing Society]. It operates under the Commercial Companies Code of 15 September 2000 within the scope resulting from Article 27(1) and (2) of the Act of 26 October 1995 on Certain Forms of Housing Promotion, thus performing the municipality’s housing tasks. TBS companies have been equipped with a legal personality primarily to become a more effective guarantor of the proper implementation of public tasks. The availability and standard of housing play a key role in meeting the housing needs of households. For those social groups that are unable to finance the purchase of a dwelling at market prices on their own, rental housing is a beneficial solution to meet their housing needs. The operations of the TBS are not subject to the principles of the market economy. The specificity of the company’s activity is that the primary and principal statutory objective cannot be profit-making, i.e. to seek to generate and maximise profits, but that any income must be allocated to statutory objectives. However, nothing stands in the way of such companies performing secondary and accessory activities at the same time, the income from which will support their non-commercial statutory objectives.
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