Skład redakcji tomu 5 za rok 2016:
Joanna Felczak (Radom)
Sebastian Kwiecień (Lublin)
Mariusz Maciejewski (Warszawa)
Ewelina Mitręga (Lublin)
Sylwia Szajc (Lublin)
Małgorzata Szreniawska (Lublin)
Marian Szołucha (Warszawa)
Katarzyna Walkowiak (Poznań)
Mariusz Wieczorek (Radom)
Agnieszka Żywicka (Lublin)
Zbigniew Adamowicz (nauki o polityce, polityka lokalna)
Sławomir Chomoncik (samorząd zawodowy)
Antoni Chuchla (administracja publiczna, prawo administracyjne, samorząd terytorialny)
Anna Dąbrowska (prawo konstytucyjne, prawo międzynarodowe publiczne)
Tomasz Dąbrowski (prawo cywilne i spółdzielcze)
Piotr Janus (samorząd gospodarczy)
Martyna Jurzyk (samorząd terytorialny Polski międzywojennej, związki zawodowe)
Krzysztof Księski (historia doktryn politycznych i prawnych, organizacje pozarządowe)
Piotr Szreniawski (nauka o administracji)
Paweł Marek Woroniecki (prawo finansowe i gospodarcze)
Zastępca redaktora naczelnego:
Cały tom do pobrania bezpłatnie:
Pojedyncze artykuły w pełnych wersjach do pobrania bezpłatnie:
Karolina Badurowicz, Tomasz Drab
Institutional status of regional accounting chambers and their influence on the budgetary of local authorities’ units
Regional accounting chambers are government bodies, independent from the central public administration. They are pivotal in the process of supervision and financial control of the local government units, especially in the budgetary procedure. They may have actual influence on the shape of the budget resolution. Their primary role is to signalize misstatements in the project of budgetary resolution. Then, in the moment of adoption of commented resolution they confine themselves and establish a deadline for the introduction of changes, and only in case of failure to comply with their opinion, they are allowed to annul the budgetary resolution. The last mean of control and supervision is the power to determine budgetary resolution. This competence should be executed only as an exception, in case of improper performance or non-performance in all its tasks of the local government unit. In the first place, the conduction of budgetary procedure belongs to the local government unit.
Keywords: budgetary resolution, local authority, regional accounting chamber
Threats of the corruption in Polish local government
At least once a quarter Polish media discourse is dominated by successive corruption scandals. Media and scholars are mainly interested in public power abuse on government level, whereas problem of corruption afflicts lower levels of authority, as well. Therefore, the author is going to analyze corruption threats which occur in Polish local government. The author will examine phenomena such as: officials’ corruption (man as the weakest part of the system), maladministration of European Union funds, embezzlement in infrastructural projects, machinations in the implementation of IT solutions and threats coming from unofficial arrangements between subjects participating in public auctions.
Keywords: corruption, local government
Patrycja Biernat, Ewa Kwaczyńska
Anti-corruption limitations for local government councilors
The article concerns the problems of corruption which could appear in local government units, particularly restrictions on legislative measures to counteract it. Corruption is a phenomenon commonly occurring for centuries and very destructive in many ways. Corruption is primarily associated with the social demoralization. This phenomenon is a serious social problem because it leads to the destruction of public trust. Politically, it poses a problem for this reason that destroys faith in the meaning of democratic participation of citizens in society. In contrast, the economic aspect of this is that corruption leads to serious damage to the economy.
Keywords: corruption, local administration
The security policy and the security in the local government
The problem of security is complex and interdisciplinary. It is connected with widely perceived politics which concerns all human activity, both public and private. It is concentrated on solving problems relating to each citizen, various social groups and institutions. Therefore politics is aimed at organizing the competent state authorities which cooperate so that all safety needs are fulfilled. In the safety area the local authorities play a vital role especially in the context of decentralization.
Keywords: local government, safety, safety policy
Legal changes in the requirements for the qualification of the members of
management and supervisory boards of cooperative banks
The article presents the issue of legal changes in the requirements for the qualification of the members of the management and supervisory boards of cooperative banks, as a consequence of the implementation to the Polish law of provisions of the EU Directive CRD IV.
Keywords: banking law, banking supervision, cooperative banking, CRD IV/CRR
Local cottage industry in Central Industrial District – presentation of sources
In the Central Industrial District area there were many different forms of small traditional manufacture: cottage industry and folk industry. In some situations those forms of manufacture were an important source of income for the rural population of CID, mostly for those who weren't fully involved in agriculture. Due to the expansion of large industry the future of cottage industries change their meaning. This article discusses examples of sources which may be used to describe the role of indicated forms of manufacturing in the grand scheme of economical life in the Central Industrial District.
Keywords: Central Industrial District, cottage industry
The development of the agriculture in the Central Industrial District –
presentation of the sources
The paper concerns the problems of agriculture progress in the Central Industrial Region (CIR). The CIR was created in the years 1937–1939. The agriculture in CIR, which was the main source of livelihood of the local population, was linked with the local industrialization and urbanization processes. The aim of this article is to assess the sources relating to the agriculture progress in CIR. It focuses on sources concerning i.e. progress of agricultural industry, rising productivity and the agricultural system of the CIR. The case of agricultural lands development is also mentioned in the text. During the discussion of sources, also the problems of agriculture and their treatment by differenteconomic system is analyzed. This paper proves that the agriculture in the CIR can be a subject of a separate monography.
Keywords: agriculture, Central Industrial District
Forms of the local government workers employment
The subject of the article is: Forms of the local government workers employment. The article introduce the definition of the local government employee and forms of employment, agreement of employment, vocation and selection.
Keywords: agreement of employment, local government employee
The subject of the review in proceeding with a constitutional complaint
In accordance with article 65 paragraph 1 point 1 The Constitutional Tribunal Act of 25 June 2015, a constitutional complaint shall specify the subject of review – a provision of a statute or another normative act upon which basis a court or a public administration authority has made a final decision on the complainant’s freedoms, rights or obligations specified in the Constitution, and with regard to which the complainant requests the Tribunal to determine non-conformity to the Constitution. In this article I try to determine the meaning of terms „statute” and „another normative act”.
Keywords: constitutional complaint, The Polish Constitutional Tribunal
Cultural policy in spa communities on the example of Iwonicz-Zdrój Community
The aim of the article is to show a practical aspect of cultural policy led by spa communities. The Iwonicz-Zdrój Community served as the example, however it was shown against a background ofsome other spa communities, what helped to notice countrywide trends in its activities. The text shows various faces of cultural policy. Both financial aspects and concrete activities in this field were considered. Moreover, a cultural role of such places as pump rooms was presented. Also, the article demonstrate cultural cooperation with other countries and NGOs. This analysis makes it possible to notice some specific features of cultural policy led in spas.
Keywords: cultural policy, community, spa community
Debt of municipalities in Poland for the years 2010–2014 – the outline of the
The article presents the financial position of Polish communes. Except that, it describes the relationship between the financial position of the local self-government finances and theeconomy of the state. Financial data of Polish communes was analysed from 2010 to 2014. The ways of the financial management in communes are presented together with the factors, which determine these ways. Next, the current economic situation is presented with particular references to the national debt. In relation to the national debt a level of indebtedness of Polish communes is also analysed.
Keywords: commune, national debt, public finances, state economy
Social participation of the youth in reference to youth city councils – part II
This paper is a second part of the analysis regarding social participation of the youth. One of the most fundamental institutions which stimulates the activity of the young people in commune selfgovernmentin the Juvenile Gmina Council. Aforesaid institution is laconically adjusted in Polish statutory regulations and is mainly based on the statutes enated by Gmina Council. The comparison of such statutes illustrates that despite of some varieties, some common standards recarding all Juvenile Gmina Councils can be indicated. A deeper outlook on the implemented solutions leads to conclusionthat the Juvenile Gmina Council which has a very similar structure to the traditional Gmina Council and is also subjected to supervision of the institutions of Gmina, it enables the practical education of functioning the commune self-government. Unfortunately at the same time, due to specific provisions of the electoral system which combines the Juvenile Councils with public schools, the strenghtening bonds with local community seems much more difficult.
Keywords: participation, youth
Administrative and legal aspects of transsexualism
The article raises the issue of the situation of transgender people in Poland. It criticizes the decision making system of public administration in relation to transgender people but also to straight people. The administration in Poland is detached from the problems of society, apply the law based onthe developed, rigid standards. The Constitution emphasizes equality and respect for the individual, what is not seen in the case law and administrative activities. Article draws attention to the possibility of administrative law - material in the process of issuing a decision in relation transgendered people after gender reassignment surgery. Currently to this action is being used only civil procedure.
Keywords: constitution, equality, transgender
Taxation of forests as a source of funding for local government
The Republic of Poland for centuries has been one of the most forested European country and remains to now, as evidenced of this is the fact that Poland has the sixth largest forest in the European Union (data for 2014 years). Same, the fact of having a one of the largest forest areas makes their placing particular type of tax is an interesting issue and a matter that should be carefully analyzed.
Keywords: forests, forests tax, local government
Internationalization of the legal profession in the United States and European
Union in the context of standards of professional conduct
Among consequences of globalization there is a rise of multinational corporations operating in many countries and a development of international organizations that integrate economic and political interests. These processes have growing influence on the performance of the legal profession. The first part of the paper presents some experience of the United States, where since the 80s some regulations helped lawyers to practice in the various states, they've opened the market to foreign lawyers and allowed corporations to provide legal services have been developed. The second part of the paper presents the integration of the legal services market in the European Union. In both cases, one can see the development of the freedom to provide services in the internal market with parallel maintaing limited access for lawyers who acquired professional qualifications outside of the internal market.
Keywords: freedom to provide services, globalization of law, legal professions in EU, legal
professions in the USA
The assessment of document by the court expert in civil proceedings
A court expert shall be the expert. If he is not, then he might prepare an incorrect opinion. It happens in at least in three situations. The first – a court expert is an expert, he has a special knowledge, but the does not use appropriate research methods, according to the current state of science or art. The second – a court expert is an expert, believes that he possesses a special knowledge, but actually he cannot demonstrate profesional knowledge and experience with the specified field. The third – a court expert is not an expert, he does not possess a special knowledge and he does not know appriopriate research methods. The expert has the freedom to choose research methods used in the opinion, and the court is considering comprehensive all evidence material on the basis of the principle of freedom to assess the evidence. So far, the ignorance of an expert shall not be disclosed by the parties or the Court before closing the hearing, the result may be a judgement based on flawed legal basis.
Keywords: court expert, ignorance