Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1991, nr 2
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Item Spis treści RPEiS 53(2), 1991(Wydział Prawa i Administracji UAM, 1991)Item Administracja samorządowa i rządowa (nowy model administracji państwowej?)(Wydział Prawa i Administracji UAM, 1991) Rabska, TeresaThe conception of local self-government contained in the law of March 8, 1990, refers to the tradition of Polish self-government and yet meets the requirements provided for in the European Local Government Charter. The .atbove makes it possible, on the one hand, to return to the institutions previously known to the Polish law, and, on the other, to compare them with their European counterparts. The re-instatement of self-government has brought back to light the issue of duality of public administration and its division into government and selfgovernment administration. In view of the principle in force in the former political regime namely the principle of „unity of government on the level of a locality, the solution to the problem of duality is far from easy". New legislation creates grounds for a new, structurally diversified model of state administration. At the Województwo level (the highest unit of local organization), there operates a nominated official, Wojewoda, the organ of government administration, whereas at a local level — in gmina — the ,,basic form of organization of public activity" is local self-government. The duality of administration manifests itself in many legislative acts. The most important of them are: the Act on Local Self-Government and the Act on Government Administration; mention should also be made about the Act on division of tasks and powers between various organs representing basically different types of administration, etc. Some issues posed by the model require further amendments. Problems of particular gravity arise in connection with the question of regions as subsidiary units of basic administrative division of the country, created to further the tasks of government administration at a local level, the absence of deep structural reforms at a central government level, the absence of a clear determination of position of government administration vis-a vis self-government, disputable budgetary and financial solutions, etc. All this leads to the conclusion that the legislative conception of duality of state administration is not sufficiently clear. Neverheless, it is beyond doubt that the new structure of administration is presently in its formative period.Item Prawotwórcza funkcja gminy(Wydział Prawa i Administracji UAM, 1991) Ochendowski, EugeniuszThe author discusses the issues connected with the legislative activity of the organs of a commune, in the light of the Act of 8 March 1990 on Territorial Self-Government. The subject-matter of the analysis is the notion of legislative acts enacted by communal organs and their classification. The author distinguishes communal organizational regulations (including communal charters), executive regulations (based on specific statutory delegation), and internal regulations (based on general statutory delegation). Communal organizational regulations regulate in the first place the internal structure of a commune and the organization of communal offices and institutions. They are issued on the basis of general delegation contained in the Act on Territorial Self-Government. The contents, scope and subject-matter of communal executive regulations is determined by specific delegations contained in various other statutes. In turn, internal regulations may be issued if it is necessary for the protection of life or health of citizens, or for the protection of law and public order. The delegation to issue such regulations is contained in the Act on Territorial Self-Government. The author also discusses the procedure of enacting communal regulations, the method of announcing them and the system of supervision over the legisla- - tive activity of a commune, including the control executed by the Chief Administrative Court. The said control may be initiated both by the complaint lodged by a supervisory organ as well as by a complaint lodged by a citizen. Finally, the author discusses the grounds for the loss of binding force of communal regulations.Item Finanse gminy samorządowej de lege lata i de lege ferenda(Wydział Prawa i Administracji UAM, 1991) Małecki, JerzyBringing back to life the territorial self-government in Poland makes it necessary to define the legal grounds of its financial activity. To accomplish this task, it is necessary to amend the Constitution and many statutes of lower rank. Financial legislation presently in force is highly inadequate. On the one hand, there are still many regulations adopted during the communist period, and, on the other hand, new financial legislation is of provisional or blank rule character. Besides, financial regulations pertaining to communes are diffused in many legislative acts. Hence, it is necessary to prepare and pass a new statute (code) on financial economy of communes.Item Dochody z majątku gmin(Wydział Prawa i Administracji UAM, 1991) Borys, GrażynaThe subject-matter of the article is the analysis of potential revenues from communal property. The author presents the process of enfranchisement of communes, especially with respect to immovables (including agricultural real estates) and state enterprises. Next, the author discusses the possibility of obtaining single and/or regular revenues from real estate transactions and the revenues from dividend payable by communal state enterprises.Item Wpływ reaktywowania własności komunalnej na status przedsiębiorstw użyteczności publicznej(Wydział Prawa i Administracji UAM, 1991) Dziembowski, ZygmuntThe purpose of the article is to investigate the impact of reactiviting the category of communal property on the position of communal public utility enterprises. This impact is analyzed both in legal as well as in economic contexts. It manifests itself especially in economic, financial, legal and organizational systems of the said enterprises. Since a commune is the owner of public utilities, the task of managing communal property is vested in the commune office. A public utility enterprise is only the usufructary. The tariffs of payments for public utility services should cover the exploitation costs, amortisation rates and interest. Amortisation rates should be kept by the enterprise and should be spent on financing the replacement of decapitalised elements of its property, while interest should be transferred to the commune office and should be used as a source of financing the growth of communal property. A prevailing organizational structure of communal public utility enterprises should the public-law management in the form of enterprises not isolated from local administration (small towns) or isolated from local administration (medium and big towns). The private-law management, such as a joint-stock company, should be an exceptional form. The public-law enterprises should operate under the direct suprevision of the commune office or under the control of specially appointed supervisory boards. The presence of the employee self-government in such enterprises is not justified.Item Wpływ samorządu terytorialnego na rozwój przedsiębiorczości prywatnej. Zagadnienia administracyjnoprawne(Wydział Prawa i Administracji UAM, 1991) Duniewska, ZofiaThe impact of territorial self-government on the aetivization of the private- -sector economy is noticeable in many spheres. It is regulated by law. However, the actual impact is also conditioned by the state of development and the character of a commune. The rols of self-government may be particularly important in legal and economic spheres. Therefore, the self-government of economically stronger communes may exert significantly greater impact on the development of the private sector than the self-government in weaker localities. Usually, the activity of local authorities towards the private sector takes nonimperative forms. The imperative acts of communal organs are exceptional, and are directed at legally guaranteed protection of rights and interests of the local population. Most of the activities carried out by the self-government with respect to the private sector belong to the so-called commune's own tasks. The implementation of such tasks is limited only by law. The present legal regulation providis local authorities with many various instruments of enhancing the development of the private sector. However, any such actions should respect the interests of the local population and should not infringe the principle of freedom of enterprise and the rule of equality before the law.Item Zagadnienie odrębności prawnoustrojowej samorządów zarządzających sprawami uzdrowisk(Wydział Prawa i Administracji UAM, 1991) Paczuski, RyszardThe article offers a comparative presentation of former and present legislation pertaining to resorts. The author stresses the need to amend the present legislation in the way that would reflect the economic, organizational, ecological and social crisis of Polish resorts.Item Kompetencje samorządu terytorialnego w zakresie ochrony i kształtowania środowiska(Wydział Prawa i Administracji UAM, 1991) Ciechanowicz, JaninaThe issues of natural environment protection may be divided into three groups: local, regional and international ones. The powers of communal authorities extend to all public aspects, including the environment protection, connected with the satisfaction of collective needs of the local population. Such tasks belong to the category of so-called commune's own tasks. The provisions of substantive administrative law determine the scope and subject-matter of commune's powers. A separate category of tasks from so-called delegated tasks, belonging until recently to the competence of national councils and the organs of state administration. A commune may also carry out other delegated tasks, if a necessary agreement with the organs of governmet administration has been reached. Recent amendments of the Act on Environmental Protection have vested many powers in the organs of government administration and the organs of a commune. It schould be stressed that now a commune has exclusive powers to adopt zoning plans. Such plans are the basic legal instrument of environmental protection. Great prospects for the efficient approach to the problems of environmental protection offers the possibility of inter-communal cooperation of communes. Intercommunal unions and agreements established to fight water pollution of the Vistula and the Odra rivers, or to reduce air pollution would be the optimum way of exploitingthe powers of self-government.Item Demokracja i samorząd lokalny w Wielkiej Brytanii. Zarys problematyki(Wydział Prawa i Administracji UAM, 1991) Sharpe, L. J.The article discusses the position of local government in the UK over the last decade. The author presents and analyses various factors which shaped the relation between the position of the central and local authorities in the 1970s and 1980s. The main factor is the process of centralization, implomented vigorously by the centre and reinforced by the long-lasting traditions of British political life. Centralization has also been faciliteted by the operation of some other factors, such as financial considerations, the all powerful-executive, the dominance of the two party system, 'the insulation of the centre, the non-executant tradition of the central civil service, and the personality and personal attitudes of Mrs. Thatcher. The author concludes -that local government and democracy have bee strongly undermined in the UK over the last decade.Item Kondycja samorządowa społeczności lokalnych(Wydział Prawa i Administracji UAM, 1991) Turska, AnnaOn the basis of research carried out in three different Polish towns (of different size) in 1989, the author indicates the reasons of disappearance, during the past 40 years, of attitudes necessary for the efficient functioning of local self-government. To such reasons the author includes the dominance of political structures and central administration, and the disappearance of social ties typical for a small community.Item Ekonomiczne warunki reaktywowania samorządu terytorialnego w Polsce(Wydział Prawa i Administracji UAM, 1991) Wierzbicki, JanuszPolish territorial self-government has been reactivated 40 years after its abolishment in 1950. During the past period, the powers of self-government were taken over by lrcal organs of central state administration. Subsequently, the latter organs were subject to decentralization. However, due to political reasons this process could not have achieved its objectives. The change of the political system in 1990 could bring self-government back to life. Nevertheless, its formation meets many obstacles. A strong need is felt to work out a new model of self-government, adequate to a considerable increase in social and economic functions of a modern state. The scope of the self-government activity is nowadays much larger than in the past and thus it is no longer possible to reactivate the traditional system of self-government whose activity could be financed from its own revenues. Besides, it is equally difficult to make a self-government system in the Polish socio-economic conditions similar to the one operating in modern West Europen countries, with its wide scope of activity and powers. A particular difficulty arises from the fact that the Polish self-government model must take into account a critical state of economy and budget during the process of implementing the economic reforms. In effect, the Polish self-government system of today retains some elements of mechanisms functioning during the decentralization of central state administration, especially the mechanism of adjusting subsidies for local organs~to the scope of their tasks. Difficulties in balancing the central budget make it impossible for self-government to carry out its functions. Moreover, it turns out that it is far from easy to subsidize the self-government activity without limiting its independence. In such conditions there exists the danger of weakening the position of self- -government and obliterating the differences between self-government and central state administration. The democratic procedure of electing the self-government organs cannot alone be considered sufficient for the realization of aspirations of the local population to decide independently about the satisfaction of its own needs.Item Rynek lokalny jako źródło dochodów budżetowych gminy(Wydział Prawa i Administracji UAM, 1991) Broszkiewicz, RyszardThe article contains the typological characterization of a system of local markets in the context of functions and conditions enhancing the processes of growth. The author distinguishes 7 functions of local markets, i.e. workforce activization, urbanization, integration of market systems, income function, activization of local enterprise, activization of local capital, induction of small industry and services. Next, he defines basic conditions of local markets, such as: the policy of territorial self-government, the policy of cooperative self-government, coordination of the processes of development and construction of the infrastructure of local markets, credit preferences and tax reliefs, local legislation, the organization of market promotion and information, communication, economic conditions of market balance. In the subsequent part of his article the author classifies the system of local markets using the following criteria: subjective, objective, spatial and branch/territorial. The synthetical description of particular markets has been used as a background for the presentation of some correlations shaped by interest rates in the mechanisms of the budget system and the market system, as the effect of the application of financial and fiscal instruments.Item Terytorialne banki informacji(Wydział Prawa i Administracji UAM, 1991) Grobelny, RyszardThe changes taking place in Poland, including the changes in the planning process, make it necessary to improve the access of self-government (and government) authorities to the information on socio-economic systems on a local and regional planes. The article contains the proposal of organizing the collection and spread of information in the form of data (information) banks, organized in a hierarchical system reflecting the administrative structure of the country and based on a so-called diffused database. Such banks would collect information describing in a comprehensive way territorial units as complex systems. Next, such information would be initially processed (reduced, selected and aggregated) and would be made available for self-government and government administrative authorities as well as for planning and research institutions. Since information banks should also contain a full set of decisions taken at all levels, as well as research and zoning findings, such banks would be the instrument of the implementation of a plan. In this way they would help realize one of the basic function of a plan — the informative function. Such an organization of the information system would have a significant unpact on territorial planning, and would unify methods and procedures, to the greatest advantage of small and/or weak communesItem Planowanie przestrzenne w samorządowej strukturze organizacji społeczeństwa(Wydział Prawa i Administracji UAM, 1991) Parysek, JerzyNew political and social conditions in Poland make it necessary to take a new apporach to the structure, organization and functioning of planning. It seems that one of possible approaches in this respect is the conception of integrated territorial planning, comprising the totality of activities connected with the elaboration of development plans as well as with planning policy and economy in a given territory. Organizational structures should direct 'their attention at studies and analyses, programmes and conceptions as well as at executive and control activities. Of particular attention from the point of view of the requirements of the plan should be: the needs of the population and the possibilities of meeting them, natural environment as a subsystem of biophysical conditions of human existance and as a limiting factor for many planning projects, socio-eccnomic environment as a subsystem of psychosocial and material conditions of human life and activity, as well as spatial behaviours of economic units and the population. The planning process should be the analytic and creative sequence, the model of which may be found in J. B. Mc Loughlin's conception. However, the implementation of this process will be possible only if the efficient organizational structure is created. In this context, the question of well qualified and competent staff seems to be the priority. The implementation of the said planning system should bring positive effects in the form of real, good, socially advantageous and economically efficient plans, programmes, budgets, studies, analyses, etc., leading to the development of urban and rural areas along the expectations of the populationItem Zastosowanie wielowymiarowej analizy porównawczej do obiektywizowania kryteriów przyznawania subwencji gminom(Wydział Prawa i Administracji UAM, 1991) Kowerski, Mieczysław; Nowak, EdwardDiversified level of socio-economic development of communes and their unequal financial status justify the fact of granting subsidies from the central budget to less wealthyor less developed localities, poorly equipped with infrastrctural instalations. Efforts are made to formulate the rules of objectivizing the criteria of granting such subsidies. The article contains one of such proposals. The proposal consists in applying multidimensional comparative analysis in order to find a synthetical indicator of the level of development of each commune. In order to calculate this indicator the authors propose to take into account the following factors: housing conditions, communication conditions, health care and primary education conditions. The authors present these conditions by aggregating the characteristics and illustrate their method on the example of Zamosc Province (data from 1989).Item Funkcje gospodarcze samorządu terytorialnego(Wydział Prawa i Administracji UAM, 1991) Patrzałek, LeszekIn the light of the provisions of the Act on Territorial Self-Government communal organs should change their role of passive executors of central government policies into the role of active and independent decision-makers and organizers who determine and implement local developmental policies. However, recent research into the present state of functioning of local organs shows that they meet considerable obstacles in carrying out their economic functions. The research has been carried out by means of inquiries conducted with communal officers of selected territorial units in Lower Silesia. Besides, factor analysis combined with the elements describing causal relations has also been used. The latter method was applied to the interpretation of legal acts and statistical materials. The research shows that to the basic impediments in carrying out economic functions belong: 1) inefficiency of a decision-making system in the sphere of local zoning policy; 2) the shortage of financial resources in local budgets; 3) gaps and the lack of coherence in the system of economic instruments used by local authorities. The above problems and general conclusions resulting from the analysis are the subject-matter of the present article.Item Aspekty procesów upodmiotowienia mieszkańców w społecznościach lokalnych(Wydział Prawa i Administracji UAM, 1991) Machaj, IrenaThe author distinguishes two different perspectives of considerations on social subjectivity: the considerations from the perspective of active individuals, and from the perspective of social structures which may undergo modifications under the influence of actions taken by individuals. The subject-matter of the article are the following issues: the realization by the individual of the role of a member of a local community: the participation in groups appearing within a local community; the formation of the feeling of belonging to a particular social group; and social cooperation within such a group.Item Kryteria i tryb formułowania oceny administracji rządowej przez sejmik samorządowy (na przykładzie woj. wrocławskiego)(Wydział Prawa i Administracji UAM, 1991) Kieres, LeonThe purpose of the article is to determine the criteria of evaluation of the activity of government administration in a province. Such an evaluation is formulated by the Self-Government Parliament. The author analyses the legislation that may pertain to the said evaluation and indicates that in principle the legislator has not defined those criteria. Also the procedure of formulating the evaluation has been left outside the scope of law. The author describes the procedure adopted by one of the provincial Parliaments. He indicates that a necessary element of such procedure is the participation of communes, and offers remarks on the way in which the participation of communes may be realized. Finally, the author puts forth proposals to improve the activity of government administration, taking into account both the interests of territorial self-government as well as the interests of the state.Item Gaetano Mosca — aktualność uwag o systemie demokracji przedstawicielskiej(Wydział Prawa i Administracji UAM, 1991) Żyromski, MarekThe purpose of the article is to turn the readers' attention to the threats and dangers of functioning of the democratic system. The starting point for the considerations is the conception of a famous Italian sociologist Gaetano Mosca (1858-1941), a co-author of the sociological theory of elites. Gaetano Mosca was opposed to the introduction of a general right to vote and was against granting the voting rights to women. Besides, he was a strong opponent of proportional electoral regulations, and he stressed the role of electoral committees and the significance of a strong middle, class as a support for the democratic government. The article points to the topicality of some Mosca's views on the system of representative democracy. However, the article's main concern is to indicate some dangers for the emerging Polish democracy. In particular, the author points to: 1) the danger of indifference and weak political understanding among the Polish electorate; 2) the necessity to put forth alternative programmes (to make it possible to vote for particular programmes rather than for particular persons); 3) advantages and disadvantages of proportional and majority electoral regulations (the author is in favour of proportional regulations with a minimum threshold); 4) the necessity of reconstructing the middle class. Besides, the author stresses the dangers specific for the functioning of democracy at a local level. The topicality of many Gaetano's views on the functioning of democratic systems is the best proof of advantages flowing from the studies on the classical sociological thought.