Suchergebnisse

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

Reflections on evolving shape of legal regulations concerning local administration in the forty years of People's Poland are subject of the present study. The author examines basic stages in transformations of regulations of people's councils which are the foundation of local administration. Provisions of the temporary statute of people's councils, passed by the National People's Council on January 1, 1944 are the starting point. The next stage is opened by the provisions of 1944-1945 which introduced a dualistic model of local administration based on the patterns of the interwar period (organs of government administration and local self-government) supplemented by the system of peoples councils. The year 1950 brings about an introduction of the Soviet patterns to the system of local administration. On the grounds of those patterns the system has functioned until 1972-1975, although it underwent substantial modifications. Passing the 1958 Act of People's Councils ought to be noted here. Several provisions are introduced in the act in order to preclude centralistic deviations which were observed under the 1950 Act. The transformations of 1972- -1975 can be summarized as combining the Soviet pattern with institutions of government administration of the interwar period (a monocratic organ of local administration with its submitted office, "transplanted" to the system of people's councils. The period succeeding he 1972 - 1975 reforms is the one of recurrent centralizing of administration. Therefore, the Act of July 20, 1983 on the system of people's councils and local self-government has to be interpreted as the reaction on centralistic distortions of the former period. It became a sign of compromise in an animated discussion on the concept of local administration which was under way in the years 1930-1982. The Act is based on the idea of people's democracy, characteristic for a socialist state, with institutional elements of selfgovernment organization. As far as professional organs of administration in the system are concerned, the legislator referred to the solutions of 1972 -1975, but the higher influence in their creation was secured for organs representing citizens. Various conclusions can be drawn from a study of evolving legislation in the People's Poland. It should be noted though that two tendencies came to importance in different periods of time — the one of centralization and the one of decentralization. It was also the case of sear-ching a proper model of local administration for a socialist (State, and — to a lesser extent — traditional Polish solutions were evoked. It also seems that basic changes in the sphere of local administration were carried out too often without proper preparations for the reforms. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016