The paper is an English translation of Pozycja samorządu terytorialnego w konstytucji by Teresa Rabska published originally in Polish in the Journal of Law Economy and Sociology from 1995. The text is published as a part of a newly established section of the Adam Mickiewicz University devoted to the achievements of the late Professors of the Facultyof Law and Administration of the Adam Mickiewicz University, Poznań.
The paper is an English translation of Działania administracji publicznej w świetle współczesnej koncepcji publicznego prawa gospodarczego by Teresa Rabska published originally in Polish in Instrumenty i formy prawne działania administracji gospodarczej by Adam Mickiewiczy University Press in 2009. The text is published as a part of a jubilee edition of the "Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration" devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.
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
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
