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EN
The subject of the article is the principle of decentralization. The work contains an analysis of the following: characteristic features of decentralization and its types, as well as decentralization relations. The aim of the work is to identify and name the type of these relations and also to describe their characteristic features, making use of selected examples which occur within the area of local government education.
EN
The aim of the study is to compare the institutional solutions and practical activities of the government and local government administration in two periods: the Second and the Third Republic of Poland. Because of the need to refer to the documents from the period of the Second Republic of Poland, it was necessary to refer to the historical method. The study is based on the comparison of two orders from different periods, therefore it was necessary to use the comparative method for the purpose of the analysis conducted. In the study also a system approach was applied to the analysis of institutional solutions. Decentralist and centralist concepts clashed both in the period of the Second Republic of Poland and during the political transformation. The beginnings of the political change were characterised by the predominance of naturalist tendencies, while in the further stages of the development of the Polish state there were growing tendencies to increase the omnipotence of the state.
EN
The main aim of this article is to identify current issues in the field of local government in Poland, especially the local political elites in the context of their political affiliation. The decentralization process and the gradual transfer of the responsibilities of the national regional and local dimension has led to the development of self-government. This in turn enabled the participation in the process of governance every citizen of the inhabited area. Recent local elections show that localism is a relative term and greatly simplified. Each of the local politician has own connections with a specific option. Those behavior leads to a kind of self-governance crisis that manifests itself among other things: a decrease of public trust, low voter turnout and increase the sense of social alienation.
EN
Local governments, being an important element of the governments of the municipalities are considered the cradle of democracy. It is an important aim for all democratic countries, like EU members to build more democratic and more participant local authorities. Turkey, which takes important steps towards being a member of the EU, has adopted these aims. In EU member states, the significance of municipalities in the structure of public administration is increasing. In EU countries an effort is being made to encourage individuals to participate in the search for solutions to common problems of the place where they live. As the active participation of local people is thought to guarantee the legal regulations, municipalities also benefit from new developments relating to financial management. Turkey, whose candidate position to EU was adopted in 1999 and which started negotiations in 2005 has taken important steps with municipalities towards alignment with the acquis. EU Progress Reports evaluate the steps taken by Turkey and they reveal that the country did what was necessary to do. In our paper the observed changes in financial management of municipalities in EU accession process of Turkey will be evaluated.
EN
The article „The objectives of a territorial self-government and the tasks of a territorial government administration” is an attempt to establish a demarcation line between the objectives of a territorial self-government and the tasks of a territorial government administration. In order to reach this goal, on one hand it seems natural to examine the essence of the territorial self-government, its features and objectives, and on the other – to indicate generally the issues that are attributable to the governmental administration. The analysis of dividing the tasks between the territorial self-government and the territorial governmental administration are also referred to in Article 15 item 1 of the Constitution, as well as Article 15 item 2 therewith, in light of which – as the principal – the tasks which should be taken care of by the self-government should be performed by these bodies independently.
The Lawyer Quarterly
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2020
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vol. 10
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issue 1
11-22
EN
The factual use and the scientific studies on the Laws which contain concrete precepts in Italy are ancient, but the attempts to find limits to provisions with force of Law did not always resist the jurisdictional proof; the work tries to summarize the arguments mainly used in this regard, to overview the jurisprudential reaction, and to give an account of those that are still not sufficiently examined. Observing the contemporary behaviors of the government’s activities, it notices their considerable complexity, which raises doubts about the appropriateness of the most classical theme of modernity on the nature of the Law, the generality and the abstractness of the norms that it is supposed to be produced by legislation. Using a post-modern approach, the study therefore tries to ask if it could be more effective working on external, expressed constitutional limits for the Law, and on the characteristics of the Judge who is able to sentence on it, of its process, of its judgment.
EN
Neighbourhood / district councils exist in most big Polish cities. But their position in city politics is very weak, although differences among individual cities may be easily identified. There is also a low citizen interest in neighbourhood councils. The article tests a model to explain the variation among the cities and discusses the negative feedback between the dis-engagement of citizens and the narrow set of functions delegated to neighbourhoods. It asks the question if breaking that negative feedback is possible.
EN
Michał Kulesza, Jerzy Regulski, and Jerzy Stępień are three co-authors of polish self-government reform (1990 – 1998). The author of the article searches their roles as experts as well as politicians in shaping self-government system. Final conclusion is as follows: although they were “scientific owners” of the problem, their important part in resolving it was more political (bureaucratic) than professional. The matter of their professional role was generally out of question. Practically, the most difficult task was not the shape of future self-government system but the implementation of it. Key in resolving this problem was the political position of aforementioned co-authors, their participation in bureaucratic power, and openness for lobbying. It is a meaningful lesson for the future reformers, each and every one of them.
EN
The significance of this study is in the interpretation proposed by the authors of the definition of ‘sustainable development potential of an old industrial region’. The authors have identified and systematised the main components of the sustainable development potential of an old industrial region according to the main classification attributes such as finance, ecology, food security, sociocultural state, infrastructure, marketing of the region, and industrial production potential. The article has a theoretical character and is based on system-structural methods, comparative analysis, graphic method and logical generalization synthesis, induction and deduction, and dialectical and SWOT analysis. The features of the sustainable development of an old industrial region are the concentration of cities around large industrial agglomerations, environmental pollution, and the use of Industry 3.0 and Industry 2.0 obsolete technologies in industrial production. It has been proven that the complex problem of modernization in old industrial regions of Ukraine by transitioning to Industry 4.0 technologies requires necessary decisions to be taken at the level of state and local authorities, as well as the level of industrial owners.
EN
The article explores the effects of the decentralization process in Romania as part of the public administration reform, using a set of financial indicators revealing the territorial distribution of the capacity of local public administration to provide public services. These indicators are then correlated with quality of government and government effectiveness indexes at national level. As a result, the analysis reflects a territorial variation of financial independence of administrative units that can be explained by assuming the differences in the institutional set-up of different communities at local level. These results were used further to formulate a perspective on the decentralization process in Romania based on the assumption of non-homogeneity of socio-economic development of different regions in Romania.
EN
One of the biggest achievements of the process of the socio-political transformation in Poland is a vast decentralization of the sphere of public power. From the perspective of administrative law, decentralization is understood as a system in which there is a large number of independent centres equipped with public and legal competences and one main centre. Decentralization is therefore a procedure of transferring certain public functions so far restricted to the competence of the central government to groups of citizens organized as corporations. The object of the analysis presented in the article is corporative self-government grounded in the union of persons with obligatory membership. Corporative self-government which exemplifies decentralization is not a one-dimensional notion referring only to territorial relations. An essential role in the system of representing the interests of particular milieus falls to special self-government which is set apart by other criteria. According to this division, within the special self-government we further distinguish trade self-government and economic self-government. The article emphasizes the fact that the success of the Polish self-government reform will be complete only when there is a harmonious development of all the forms of corporative self-government irrespective of the character of bonds between their members. As legal entities, self-governments will then be in the service of democracy and will strengthen the civic society.
EN
Ukrainian crisis of 2013/2014 that is perceived as Euromaidan can be explained, besides other external reasons, also in the terms of the mental and societal conflict between formally democratic, but non‑working legal norms, and the clientele, even feudal political practice. The ideal of democracy can be tested on the local level where the government structures are physically closer to citizens that can use the mechanisms of the direct and other forms of democracy. But in Ukraine the scenario of the rapid and radical transition towards the principles of the local democracy that was implemented in some Central‑European countries was not realized because of the inherited system of the centralized governance, the administrative and territorial division, lack of the motivated elite, non‑activist type of the political culture. The existing legal environment for functioning of the elected councils and mayors did not stimulated the efficient development of the local communities, as well as the faith of the citizens in the role of the political decision‑making, that is the core of the local democracy. Set of the political discourses that are vital in the modern Ukraine and connected with the question of the political system renovation is centered around the decentralization of power, construction of the new scheme of the administrative division of Ukrainian regions. The adoption of the new Constitution in the pair with the political activism of Ukrainian can be a starting point for the construction of the vital local government filled with the sense of democracy.
Prawo
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2014
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issue 316/2
219 - 228
EN
Specific historical names of the territorial divisions in Silesia did not use the term “region.” The region of Wałbrzych, created without taking into account historical boundaries, was separated from the Lower Silesia province until 1 January 2008. This region is a territorial unit of the third level of regionalization of the European Union. The province of Wałbrzych, which existed between 1975–1998, met the region’s criteria of the European Community and the European Union. The agglomeration of Wałbrzych exists since 2012 as an association of local government units, with respect to the number of inhabitants and the area is similar to the region of Wałbrzych and may specifically affect the development of the area. The subregion of Wałbrzych has no authority, no specific tasks and no money for the implementation of the tasks. The reflection of integration of the European regions will be empowering of all regions.
EN
The level of transfer payments, factors that determine the allocation of public resources to territorial governments, and fiscal decentralization have been studied extensively for many decades. These problems have recently resurfaced in the scientific debate in the face of the economic crisis triggered by the coronavirus pandemic. The study has two aims: to evaluate the vertical redistribution of public funds to Polish municipalities, and to identify the economic factors that influence the level of transfer payments. The poverty rate and the average monthly disposal income in Polish municipalities were among the key determinants of public transfer levels.
EN
The author of the following article points some necessary conditions which must be fulfilled in order to make the decentralization of internal security, which concerns the fight against crime, efficient. Very often strategies concerning crime prevention which were elaborated by different central institutions are unsuccessful. It happens because the essence of the phenomenon is not taken into account and the strategies are limited to a simple pattern of transferring competence to the local government of the lowest level. Such a move very often turns out to be insufficient because a country, while creating a strategy, assume an existence of a strong local society which can bear the common responsibility for the performance of the tasks concerning the fight against crime but which also do not want to or cannot manage it, which in turn make the level of crime and society’s frustration higher. The author thinks that a developed society, based on knowledge, conscious of its role and responsibility should become an equal partner for the state institutions within creating proper mechanisms, which will enable the whole country to function as a complex social organism. According to the author one should not identify the security only with individual or collective human behaviour. Its nature also relates to the organization of social life and living conditions in order not to allow cases of emergency or cases which provoke such emergency to arise. Within this aspect, entities of the local government, after prior consultation with the police, should make investments in favour of security – especially within monitoring of endangered places or new architectural and town planning solutions.
EN
The Ukrainian agricultural sector is one of the areas of the domestic economy with a positive foreign trade balance. Promising areas of export-oriented agricultural production ensure the deepening of the processing level of agricultural products, raising their quality to European standards, creating conditions for a general increase in agricultural production, improving the export structure, intensifying the regulatory role of the state, and supporting domestic exports. The primary goal of the agricultural land-using development business model is to present a comprehensive picture of both the specific land-use and the agricultural enterprise, and to agree on different points of view on the functioning of the agricultural enterprise. The convergence process will combine elements of systems of different natures, subordinating them to the general goal defined by the subject of management. An example may be the following antagonistic couples, which are controversially perceived by the scientific community and agricultural production practitioners: land use and protection; government regulation and the market; quantity and quality of natural resources, including land resources and agricultural products; right to private ownership of land and right of use; strengthening monopolization (of farms) in the field of agricultural land-use and the development of small and medium-sized enterprises; public and private interests; domestic and foreign markets; formal and informal institutions of land-use and protection; integration with the European Union and the world community.
EN
After the Revolution of Dignity (2013-2014) in Ukraine, the new government declared an extensive decentralization program as a part of far-reaching economic reforms to be implemented. These efforts are supposed to be supported by reassigning of public functions, shifting down some public revenues, and increasing the local autonomy concerning revenue management. The paper shows the main obstacles on the way to decentralization, to what extent these decentralization plans have been realized within the actual governmental policy in 2014-2015, and how these decentralization efforts would contribute to increasing efficiency in public administration
EN
In studies of decentralization processes little is spoken of economic self-government, the role of which is to advocate the interests of the social environment of entrepreneurs. Since the beginning of the political transition in Poland an unproductive discussion has been ongoing concerning the place of economic self-government in the system of local government. Current legal regulations do not provide business chambers with the status of public legal unions. They tend to be based on the facultative nature of ties between entrepreneurs, which is the main cause of the weakness of Polish economic self-government, or rather the economic quasi-self-government. Undoubtedly, the lack of such structures in the sphere of public institutions is the main reason for their marginali-zation by the government and local authorities, which do not see the need to make any concessions for the distracted economic environment. Given this context, the most ra-tional solution seems to be the creation of universal economic self-government, which will be incorporated in the system of public institutions.
EN
The aim of the paper is to verify a thesis according to which countries which are considered to be the most representative examples of implementing the national cultural autonomy concept (Hungary and Serbia) in fact use the construct of national minority self-government, which, according to administrative law commentaries, is classified as non-territorial, or special self-government. In order to fulfill this task two decentralisation solutions which are aimed at pursuing national and ethnic minorities’ ambitions to maintain and enhance their cultural identity: national minority self-governments and national cultural autonomy has been presented. These legal constructs are not equivalent, although in international literature on the subject they are often treated as synonyms. In this context Serbian and Hungarian regulations has been presented and assessed.
|
2023
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vol. 11
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issue 1
9-20
EN
Territorial self-government has a significant place in the political system of the Slovak Republic. This fact is confirmed by its emplacement in the Constitution of the Slovak Republic. An inseparable part of self-government are the actors who shape it through their daily activities, most often by their governance in the public interest. This presented paper deals with the issue of local self-government in the conditions of the Slovak Republic, with an emphasis on the selection of its key actors. While expressing our considerations we identify with the assumption that local self-government is a space for political participation of its inhabitants, and in many ways can serve as a model of public administration for actors of public policy at higher levels of the state as well. Due to this reason, our ambition is to provide comprehensive information about the method of selection of directly elected representatives of the local self-government and to conduct critical reflections on the current conditions of this selection.
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