Przegląd Politologiczny, 2011, nr 4
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Browsing Przegląd Politologiczny, 2011, nr 4 by Subject "samorząd zawodowy"
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Item Samorząd zawodowy adwokatów w opinii jego członków(Wydział Nauk Politycznych i Dziennikarstwa UAM, 2011) Antkowiak, PawełThe model of public administration which emerged in Poland after 1989 assumes that its tasks are performed by the apparatus of the centralized government administration as well as by a diversified system of bodies or institutions that operate independently and fulfill public tasks, vested in them by virtue of law, in their own names and on their own accounts. Administrative tasks are performed by obligatory units and by the professional self-governing bodies, among other entities. They play a very important role in the system of representing defined so- cial groups’ interests because they are set up by the professions whose social significance re- quires the highest vocational and moral qualifications. The Chamber of Lawyers is worthy of particular attention, with its rich history and the fact that it forms the kernel of several corpora- tions of professions of public trust. However, recently there are increasing concerns about the justification for such structures and their operation in the public realm. Professional self-governing bodies are being subjected to social and media criticism, and are also criticized by their own members. The main accusa- tion of the representatives of a given profession concerns the apparent clash of their group’s interests with the social interest. All these doubts have resulted in a clear tendency of the progressive limitation of the com- petences of professional self-governing bodies in Poland and their takeover by the state ad- ministration. Several decades of self-government experience is a sufficient period to reveal the shortcomings of a given organization and to demonstrate the need to critically review cur- rent solutions. It is beyond doubt, however, that such a review should be performed by those who are most concerned with the development of a given profession, that is, by the members of a given professional self-governing body. For this purpose a questionnaire has been carried out with the approval of the Supreme Bar Council and with assistance from its officers. The purpose was to answer the question of what is the actual assessment of the work of the Chamber of Lawyers by the members of this pro- fession? The survey results show that lawyers have extensive knowledge of how their own professional self-governing body works. Although the general conclusions are mostly posi- tive, lawyers indicate numerous fields where changes should be introduced. It is clear that self-government has become an inherent part of this profession. Lawyers deem the existence of their professional self-government to be an institution required not only by themselves, but also by social interest.Item Samorząd zawodowy i gospodarczy w Polsce po 1989 roku(Wydział Nauk Politycznych i Dziennikarstwa UAM, 2011) Kmieciak, RobertOne of the greatest achievements of the socio-political transformation process in Poland is the profound decentralization of public governance. In administrative law, decentralization is perceived as a system with a larger number of independent hubs, vested with competences in terms of public law, and a single center. Therefore, decentralization is a process of delegating certain public functions which formerly were reserved for the central government to groups of citizens organized in corporations. Although local government exemplifies decentralization it is not a one-dimensional no- tion that refers exclusively to territorial relations. In the system of representation specialized self-government bodies, formed with different criteria, play a highly significant role represen- ting the interests of various groups. They are divided into self-governing bodies focused on the economy and the professions. Formal and legal homogeneity, though, does not translate into the appropriate political position of these two forms of self-governing bodies in Poland. While the professional self-governing body is clearly an association governed by public law, the so-called economic self-governing body is based on concepts that emphasize the volunta- ry nature of the ties between entrepreneurs, associated in chambers of commerce. The differences in their legal status and the resulting powers bear no influence on the fact that both economic and professional self-governing bodies are now facing equally serious threats in Poland. In both cases these are related to how the state approaches the extra-territo- rial form of decentralization. We can speak of different motivations here. The state, or rather the state administration, is excessively interested in the professional self-governing bodies and is curbing the autonomy they have traditionally been vested with. The situation is quite different with respect to the economic self-governing bodies, where the public authorities are scarcely interested in becoming involved in supporting them. It should be realized then, that the success of Polish decentralization reform will only be complete when all forms of self-government develop harmoniously irrespective of the rela- tions between their members, whose empowerment will serve democracy and strengthen civic society.