Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1993, nr 3


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    Spis treści RPEiS 55(3), 1993
    (Wydział Prawa i Administracji UAM, 1993)
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    Kryteria administracyjnego podziału kraju z punktu widzenia struktury regionalnej
    (Wydział Prawa i Administracji UAM, 1993) Parysek, Jerzy
    In the near future important changes in the administrative division of Poland will be implemented. Such a step is reasonable only when it brings about advantages which would otherwise be unavailable or hard to achieve. The structure of territorial division of the state should consist of socio-economic key regions arranged hierarchically. Such units should be of key character and they should have a distinct center of a given rank. Furthermore, they should have a high degree of density of population as well as of social, economic and cultural integration. Besides, they should be characterized by a considerable level of self-organization and they should have strong internal territorial links. Besides, each regional division should meet the criteria of adequacy and separation. The elements of such regional structure should be: (1) communes (gminy), as basic units of the regional structure of the state and basic territorial units of the socio-economic links of local character; (2) districts (powiaty), as sub-regional units consisting of communities, strongly linked with the sub-regional center; (3) regions (województwa), as the conglomeration of provinces, strongly linked with the regional centre. Any discussion on the number of units of the territorial division of the state has little sense before the appropriate research has been carried out. The territorial division should be accompanied by a clear determination of powers vested in particular units and by a considerable decentralization of the state powers (including the shifting of some central institutions to the regional level). The change of the territorial division of the state must be done simultaneously and in one stage, i.e., districts and regions (larger than they are today) must be created at the same time. It is a difficult and demanding task; therefore, it should be carefully prepared and its results should last for several decades.
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    Reforma powiatowa-zagadnienia prawnoustrojowe
    (Wydział Prawa i Administracji UAM, 1993) Leoński, Zbigniew
    The article contains the evaluation of basic assumptions of the draft law on provincial self-government as well as the considerations on various possibilities of the structural arrangement of local government on the provincial level. The starting point is here the evaluation of the fact that at a provincial level there are to be created self-governmantal entities only, and thus the influence of t he state governmental administration will be assured only to a limited extent. As to the territorial division, one has to assume that it will be a resultant of various tendencies. In the first place, it should be shaped so that it could implement its own tasks without the assistance of the state. The reform of the territorial division will entail the changes in the structure of specialized administrative bodies (e.g., courts or prosecutors' offices). Although the draft law refera to solutions applied at a commune (gmina) level, one should also take into account differences resulting from the tasks implemented by self-government bodies at a provincial level. With respect to the tasks, and especially the powers, the focus shifts here to the substantive law located outside the scope of the Law on Territorial Government. However, the reform will make it indispensable to amend both the latter law as well as the substantive law (and the administrative law in particular).
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    Samorząd terytorialny w strukturze aparatu państwa (perspektywy przebudowy administracji lokalnej)
    (Wydział Prawa i Administracji UAM, 1993) Rabska, Teresa
    The reconstruction of public administration is one of the most important structural tasks. Decentralization through Self- government is the most advanced form of the enforcement of public administration. However, it is not a sufficient reorganization undertaking. For decentralization to be efficiently implemented, certain general conditions should be met. One of them is a deep reconstruction of t he central government administration, which in its present form is not correlated with a new political structure of the State, its new tasks and with a new position of Government (as set forth in the Constitutional Act of 17 October 1992). Besides, there exists a need to provide for a smooth course of, and correlation between, the making of politics by the Government and the functioning of the administrative apparatus. In such a context, a new conception of creating districts (powiaty) as a new unit of territorial division and self-governmental authority seems premature. It needs to be added that the position of a district in the draft Law is not unequivocal. In particular, it is not clear to what extent the district bodies are to represent the district community, and to what extent they will only be the executors of certain tasks set forth in the Law.
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    Podmiotowość prawna gminy
    (Wydział Prawa i Administracji UAM, 1993) Szewczyk, Marek
    The author analyses the problem of legal personality of a commune (gmina) on the grounds of some basic theoretical conceptions concerning the nature of territorial government as well as in the context of new regulations adopted in the Republic of Poland.