Administracja samorządowa i rządowa (nowy model administracji państwowej?)
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Date
1991
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Self-government and government administration (A new model of state administration?)
Abstract
The 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.
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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, 53, 1991, z. 2, s. 7-20