The Polish law regulations of decentralization of the official authority

Authors

  • Elżbieta Feret Prof. University of Rzeszow The Department of Law and Administration The Director of The Institution of Financial Law

Keywords:

decentralizacja, zadania publiczne, autonomia, samorząd lokalny

Abstract

According to the accepted title, with subject of deliberations included in hereby drawing up, determining determinants confirming the decentralization of the official authority in Poland will be. One should recognize choice about this subject in every respect justified at least from two reasons. Firstly, one of political principles of functioning of the state implemented by the Constitution of the Republic of Poland - decentralization of the official authority, lets for simpler getting to know appropriate needs of individual citizens. On the other whereas, is passing 25 anniversary of functioning of the local self-government in Poland what the rise to certain summaries and conclusions constitutes. In order to move chosen issues closer, first historical achievements of foreign literature, concerning bases and justifying the decentralization of the official authority will be analysed. In second whereas, self-reliances applying in Poland to regulations attesting to the decentralization of the official authority and her signs towards the functioning of self-government units, with particular reference to of their functioning. One's support also in the developed judicature and Polish doctrine will find moreover drawing up. Presented very short dissertations proved it, that the decentralization of the official authority in the form of handing sure entitlements over for self-government units was possible exclusively with simultaneous granting them self-reliances. Because the self-reliance of action is an actual guarantor of the public execution of tasks about so-called character self-government. What behind it is going, there is at the lack of this self-reliance no speech about causing the decentralization of the official authority. How he results from appointed regulations, applying in Poland to conclusions de lege lata one should accept years, that fully are using up issues of the decentralization of the power, as well as self-reliances of self-government units this way. The merit in this respect is sitting down above all on provisions of separate acts resulting from the constitution, political acts, as well as provisions specifying signs of the self-reliance of the functioning of the local self-government in Poland. Of course in Poland one should read out 25 years of functioning of the restored local self-government as the full success, at least not free from certain shortcomings. Due to their lack of clarifying a need more and more more frequent to come to the judicature or literatures on the subject exist, hence as the demand de lege ferenda it would be possible to accept full defining, not arousing the doubt of signs of the self-reliance of functioning of self-government units in Poland.

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Published

2016-06-30

How to Cite

Feret, E. (2016). The Polish law regulations of decentralization of the official authority. Ius Et Administratio, (2). Retrieved from https://journals.ur.edu.pl/iuseta/article/view/9621

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Articles