Nadzór nad radami narodowymi, organami samorządu mieszkańców i terenowymi organami administracji w świetle nowych przepisów
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Date
1984
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Supervision on people's councils, residents' self-government and local organs of administration in light of the new regulation
Abstract
The Peoples' Councils and Local Self-Government System Act of 20 July 1983
introduced certain new elements to local administration system. Treating people's
councils as organs of local self-government was one of those elements. People's
councils and organs of municipal and rural residents self-government are handled
in the new regulation as parts of the same organizational structure (of local self-
-government system). It resulted in an increase of weight of decentralization and
supervision problems in aspect of local administration.
The present article contains a study of regulation pertaining to supervision
excercised in three systems: 1. supervision performed upon people's councils, 2.
supervision upon organs of municipal and rural self-government and 3. supervision
upon administrative organs of people's councils.
In the first system, supervision is performed by the Council of State (upon all
councils in principle) and by voivodship (district) councils upon municipal, quarter,
and rural district councils. The supervision covers control of legality of decisions and
corrective means which cannot violate a principle of independence in activities.
The newly introduced obligation of lending assistance to supervised organs is
characteristic for a socialist state. The Polish Seym (Diet) is also obliged by the
Act to take care of self-government charakter of people's councils, special means
are provided for the Council of State to be used in instances of violating independence
of people's councils by other organs.
Supervision of rural self-government organs is trusted to rural district council
and to its presidium, while supervision upon municipal self-government organs is
performed by municipal (quarter) council and its presidium. Means of control are
not intensive there but also the scope of affairs relegated to that self government
is not substantial at least as far as decisional competence is concerned. In practice,
the supervision upon organs of administration of people's councils is of a crucial
importance, as those are implementing tasks of people's councils. On the central
level, the supervision is divided onto various organs: Council of Ministers, Prime
Minister, Minister of Administration and Region-Shaping Economy and branch
ministers, what can threaten with inconsistencies in performing that function. On
the voivodship level, the supervision is performed by voivodes and heads of
departments of voivodship administration upon relevant organs of administration
on the level of rural district, city, quarter. Yet, competence of higher level organs
is differentiated subject to tasks performed by local organs of administration. In
the decentralised sphere (when organs of administration act as executive organs
of people's councils), means of exercised influence are those of supervision. But
if those organs act in the sphere excluded from the competence of people's councils,
the means are close to hierarchical subordination. That latter influence is named
governance in the Act. The differentiated influence is effected by a dual role of
local organs of administration since a dualistic model of local administration (self-
-governmental and governmental) is rejected in the Act.
Description
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 2, s. 1-20
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ISBN
ISSN
0035-9629