Suchergebnisse

This article concentrates on the basic problems respecting the "economic sovereignty" and "economic self-determination", and especially on the right to choose he economic system of a state, the permanent sovereignty over natural wealth and resources, the right to free disposal of natural wealth and resources and the problems of economic coercion. In the opinion of the present writer a delimitation should be drawn between he rights of states on the one hand, and the corresponding rights of peoples on he other. Such a delimitation must be based on the assumption that in international aw the concept of sovereignty is connected exclusively with the states, and the concept of self-determination exclusively with the peoples. According to that the right to choose the economic system and the permanent sovereignty over natural wealth and resources are fundamental rights of states flowing from their sovereignty The corresponding rights of peoples flowing from their right to selfdetermination, i.e. the right of every people to choose the economic system of its state and the right to free disposal of its natural wealth and resources,, are only complementary to those fundamental rights of states; they are strengthening the prohibition of foreign intervention which is inherent in sovereign equality of states. Ii is, however, possible that the exercise of "economic sovereignty" may contradict the right of a people to "economic self-determination, especially when the economic system does not conform to the wishes of a people or when a people is being deprived of its own means of subsistence. In such a case the question of foreign intervention arises in a different context. It can be taken for granted that the people's right to self-determination excludes the admissibility of foreign intervention by invitation of the government. On the other hand, it is certain that international law does not authorize any intervention in favour of the people's right to self-determination. The last section of the article is concerned with the problems of economic coercion. In the opinion of the present writer the prohibition of the use of economic measures of coercion still belongs to the sphere de lege ferenda. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

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. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

The reconstruction of public administration is one of the most important structural tasks. Decentralization through Self- government is the most advanced form of the enforcement of public administration. However, it is not a sufficient reorganization undertaking. For decentralization to be efficiently implemented, certain general conditions should be met. One of them is a deep reconstruction of t he central government administration, which in its present form is not correlated with a new political structure of the State, its new tasks and with a new position of Government (as set forth in the Constitutional Act of 17 October 1992). Besides, there exists a need to provide for a smooth course of, and correlation between, the making of politics by the Government and the functioning of the administrative apparatus. In such a context, a new conception of creating districts (powiaty) as a new unit of territorial division and self-governmental authority seems premature. It needs to be added that the position of a district in the draft Law is not unequivocal. In particular, it is not clear to what extent the district bodies are to represent the district community, and to what extent they will only be the executors of certain tasks set forth in the Law. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

Polish 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. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

The author analysed numerical data characterizing international liquidity of the member States of the International Monetary Fund in the years 1956 -1983, attempting to define in what way the Fund could affect that liquidity. Instruments intended to secure the international liquidity used by the Fund were the object of the research. The Author also examined the role of the Fund instruments in financing of import and foreign trade deficit and creating currency reserves of the member States. The author positively assessed the role played by the Fund, indicating that it has realized its statutory tasks in shaping international liquidity. The author scepticaly estimated the use of a reserves/import ratio as yardstick for international reserve adequacy, recognizing the need of research in that scope. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016