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Search for phrase: "ustawy samorządowe"
Maciej Onasz, Michał Klonowski
The paper is an attempt to analyze the reform of the local government electoral system introduced by the Act of January 11, 2018. The authors of the study describe the most important changes from the point of view of the citizens mentioned in the title of the act as well as of the institutions involved. Among the most important changes the authors list those related to passive voting right, seat allocation method and the structure of constituencies. Because of the lack of an appropriate time perspective, the authors limit themselves to legal and political analysis, pointing only to their possible consequences.
Bartosz Czepil

The article is based on a systematic review of the scientific literature addressing the phenomenon of corruption in Poland’s local governments after 1989. It covers the leading scientific disciplines dealing with this issue and discusses the sources of research data, the diversity of research problems within the respective disciplines and their major conclusions. The article concludes with a recommendation of more robust interdisciplinarity and conducting research on both bottom-up anticorruption mechanisms and political repercussions of local government corruption.

Robert Pyka
The aim of the French territorial reform from December 2010 was to change the structure of the French local political and administrative system thanks to institutional solutions that would strengthen the biggest agglomerations and lead to their progressive metropolization. The announced changes were meant to adjust the model of territorial organization to the requirements of contemporary economy and to enhance national economic growth of the country in stagnation. The introduction in the law of metropolises as new local-government territorial units that took over the most important competences of municipalities and departments was meant as a “territorial revolution”. Unfortunately, it failed. Meanwhile, the regulations that would make it possible to create a rather loose form of interterritorial cooperation, a so-called Metropolitan Pole, that were inserted into the project at the last moment, gave results unexpected by the legislator. This situation shows the growing importance of flexible solutions regarding competences and territory, solutions that use multilevel governance as an effective tool for inter-territorial management in the situation of inertia of the classical territorial structure and obstacles to its reform.
Stanisław Wyganowski
In the early 90’s public authorities in Poland considered all kinds of planning as a remaining of the socialist economy, unnecessary under the free-market rules. As a consequence, the chaos became a dominant characteristics of the Polish space at the beginning of the XXI century. This applies also to the situation in Warsaw Metropolitan Area, that exists as a real system of functional relations, but not as an administrative or planning unit. In effect, we observe the “wild urbanization” of the suburbs, and lack of development in the central part of the city. Recent centralization of local government in Warsaw has made the situation even worse, by blocking the investment and planning decisions. All these processes may lead to further marginalization of Warsaw as an European metropolis.
Wojciech Jarczewski
The majority of major local actors of the city of Mielec have united in the idea of creating the Special Economic Zone (SEZ) in the 1st half of 90s. The informal coalition of representatives of various bodies and institutions quickly started to have access to institutional resources, that enabled them to control the decision-making and took over the social leadership. The young coalition managed also to gain the support from the government. Such informal deal was characterised by the most typical features for urban regime of symbolic type and develop to all actors a great mobilisation for finding new progress tendencies of the city. The strength of the coalition and the success of the regime may be measured by the first SEZ in Poland that has been created in 1995 in Mielec. The legal regulations for functioning of SEZs in Poland were developed mainly by participants of this regime having a visible stigma of local city problems.
Stanisław W. Ceran, Michał Sidoruk
The study contains a review of websites of local governments in Podlaskie voivodship. The authors address the problem of demand for internet services, provide the inventory of available websites and evaluate the importance of this form of communication. The popularity of Internet services is clearly growing, especially with respect to interactive solutions, saving time and money of citizens. The quality of website’s contents is also a strong determinant of it’s success.
Andrzej Pawluczuk, Małgorzata Wasiuk
Janina Kotlińska
Self-government-owned properties, and especially local ones, are primarily owned by urban and urban-rural communities. Many of them constitute municipal real estate resources and serve the collective needs of both members of the local community and visiting outsiders. These properties need constant budget expenditures (both current and asset-related). Some of them generate income that is a small percentage of total municipal budget revenues. However, the income from their sale can be much higher if the local authority decide to sell it and someone wants to buy it. The interests of both sides do not meet often enough. Not all municipal properties are for sale, and those that are do not always meet buyers’ needs. Very often the value of a property is different in the owner’s and the potential buyer’s opinion. The purpose of the study is to answer the following questions: 1) Do municipal properties have market value and does their sale price reflect their value?, 2) What are the determinants of municipal property price and for what reasons do local authorities decide to sell them?, 3) Are all municipal properties equally attractive to buyers?, 4) What revenues has the sale of municipal real estate generated for municipal budgets in the recent years?
Przemysław Ciesiółka, Łukasz Mikuła, Paweł Churski, Bartłomiej Kołsut

The article presents a model of functional-spatial structure in the strategy of supra-local development, which is an attempt to translate the assumptions of the new planning paradigm, referred to in the world literature as strategic spatial planning, into Polish ground. In this regard, the new legal regulations set forth in the Act of July 15, 2020 on amending the Act on the principles of development policy and certain other acts were used, which, due to their high generality, allowed the authors’ approach to their interpretation and implementation. The paper presents the various dimensions of integration of strategic and spatial planning undertaken in the Polish legal system over the years up to the present day. In addition, the role of supra-local development strategies in integrated development planning in Poland is defined, and different types of functional areas are described, which are the starting point for differentiating the scope of the functional-spatial structure model. Then the description of the most important elements of the model was deepened, and other elements of the spatial dimension in the new supra-local development strategies were presented. The added value of integrating the spheres of strategic and spatial planning was pointed out, which is important for improving their effectiveness and efficiency, as well as for increasing public acceptance of the measures taken.

Tomasz Wołowiec
Polish health spa are that category of communes whose development do not depend on the inhabitants? activities but on central solutions. The lack of comprehensive solutions that would control legal and financial basics of functioning and development of health spa causes the spa to be subject to one-sided economic development and one-sector employment. The spa must fulfil the tasks, unknown to other communes, connected with maintenance and development of infrastructure of health resorts and their neighbouring areas. The lack for finances to the development of health spa, many tax exemptions and tax relief often cause the communes to allocate their own inhabitants? means to the maintenance of health spa; means intended for the realization of their own statutory tasks. The lack of law about health resorts causes increase financial problems of this category of spa, rising unemployment and degradation of health resort infrastructure.
Adam Gendźwiłł, Tomasz Żółtak
The subject of the paper is the participation of non-partisan candidates in local elections in Poland after 2002. The analysis of the prevalence of non-partisanship provides information on the political parties’ performance at the local level. The paper presents analyses of electoral data from the local elections held in 2002, 2006, and 2010. We have used various indicators of non-partisanship which demonstrate the performance of non-partisans in municipalities of different size, the domination of non-partisan mayors over other candidates, the strength of their clubs in councils, and the disproportions of political support between them and their committees. The results of the research show that although the share of non-partisans in local authorities is still very high, it has been gradually decreasing since 2002.
Paulina Rychlewska
The article presents the course of the territorial and administrative changes ongoing in Warsaw from the inter-War period to the present day. It draws upon many documents and studies from the period during which the system by which the capital city was administered changed many times, with different innovative ideas being put forward very often. Although the present shape of Warsaw is still very much based upon that set out in the Act of 18 May 1990, every new Act relating to the administrative system of Warsaw has meant major changes for the way the city is administered and functions. The modifications and transformations in question are discussed in detail in the article, along with their consequences.
Janina Kotlińska, Anna Mizak, Anna Krawczyk-Sawicka

The aim of the study is to examine the relationship between the socioeconomic potential and the financial condition of regions (voivodeships) in Poland. The authors hypothesise that there is a linear relationship between the potential of regions, manifested by the wealth and economic activity of people living and entities operating in their area, and the income potential of these local government units, and thus their ability to meet the needs of the local government community. For the purposes of the analysis, eleven measures were selected from four areas, reflecting the social and economic potential of the regions, and seven measures of financial condition, reflecting the structure of their budget income and expenditure, as well as their selected values on a per capita basis. In connection with the above, the study used descriptive statistics methods, linear correlation r-Pearson, and the method of standardised sums (Perkal index) in order to typologise the studied entities.

Dagmara Kociuba, Małgorzata Bielecka

The aim of the study is to examine the impact of the amendment to the Municipal Self-Government Act (hereinafter: MSGA; Journal of Laws 2018, item 994) on the implementation of participatory budgeting (PB) in 2019 and 2020 in Polish voivodship cities. Using the desk research method, 36 PB regulations and over 3.4 thousand projects were selected for implementation in 10 categories: 1) sports (investment and other), 2) leisure and recreation (investment and other), 3) construction or modernisation of sidewalks, 4) construction or modernisation of streets, 5) pedestrian walkways, 6) parking lots, 7) lighting, 8) city bicycles (bicycle infrastructure), 9) modernisation of buildings, and 10) other (e.g. educational, cultural, training). Detailed studies were carried on the influence of legislative changes on: 1) financial mechanisms; 2) principles and organisation of the budgeting process; 3) generic structure of projects; 4) participatory budgeting model. In order to verify the results obtained, changes in the PB regulations not resulting from the MSGA provisions were additionally analysed. It was shown that the amendment to the Act had a significant impact on the implementation of PB in all the analysed cities. The changes mainly concerned the financial and formal-organisational aspects of participatory budgeting process. The most crucial ones include: increase in the size of the overall subsidies (in 15 cities), modification of the distribution of the financial means (9), introduction of letters of support at the stage of project submission (7) and appeal procedure (9). Among the “non-statutory” activities, the abolition of age limits in the remaining 7 cities should be mentioned. These activities brought positive effects on the increase in turnout (15), the number of projects selected for implementation (12) and their average value (13). On the other hand, the changes in MSGA did not affect the generic structure of the projects (in both years, in 10 cities the category “leisure and recreation” prevailed, and 1149 projects from this category were selected for implementation). The final unification of the PB implementation model in Polish voivodship cities has been completed. Finally, three modes of PB implementation according to the new rules were indicated: financial, procedural and combined.

Adam Gendźwiłł, Tomasz Żółtak, Jakub Rutkowski
The authors consider the problem of limited supply of candidates for mayors. Since 2002, most electoral committees in Polish municipalities have only participated in the elections for municipal councils and not for the principal executive office. Between 2002 and 2010, there was also a growing share of municipalities in which only one candidate ran. The logistic regression analysis demonstrates that the electoral committees’ decision whether or not to nominate a candidate is influenced by their size (popularity), as well as the size of the municipality. If there is a dominating committee and competing incumbents, it is less probable that another candidate would run. It is evident that the well-known effect of incumbency advantage works not only during the elections but also before them (when candidates are registered).
Arkadiusz Tuziak
The article presents innovation issues in public administration in the Podkarpacie region. In the situation of progressing territorial development, widely understood innovation is the ability to create, put into practice and disseminate it. This ability is the condition to raise competitiveness of the regional economy, while increasing the opportunity to achieve success in the escalating competition between the regions. Taking into account that local and regional authorities play the major role in the modernizational and developmental processes, the analyses and characteristics included in the article are concentrated on the diagnosis of the competence of public administration employers. The range of the above mentioned competence is the management of the local and regional development and the economy development based on the knowledge. Identification and description of the restrictions and barriers of innovation in the council and government administration were considered as well. The study is based on the results of the empirical research which aim was to recognize attitudes and actions of public administration in the Podkarpacie region, realized within the confines of the purposeful project of the Science and Informatics Ministry: "The Regional Strategy of Innovation of the Podkarpacie Province".
Marek Mazurkiewicz

The paper deals with the issue of filling seats without voting in elections to councils in municipalities with up to 20,000 inhabitants. In comparison to the local elections held in 2014, the number of such cases increased by 77% in the 2018 elections. It appears that the applicable election law, in particular Article 418 § 1 (the division of municipalities into single-seat constituencies), Article 434 § 1 and 2 (the election organisation rules applicable when the number of candidates equals the number of available seats), and Article 478 § 2 (the procedure for proposing candidates for the position of municipal leader or town mayor) of the Electoral Code, combined with the conditions determining local electoral competition, may facilitate the occurrence of the phenomenon of non-competitive elections that results, among other things, in low voter turnout.

Adam Gendźwiłł, Tomasz Żółtak

The article analyses the participation of nation-wide parties in the elections of local authorities: municipal councils and mayors. There is no empirical confirmation of the assumption that along with the democratic consolidation in Poland, political parties strengthen their presence in local governments. Between 2002 and 2018 the overall spread of national parties in local elections decreased, even though the national party system (at the parliamentary arena) was relatively consolidated. The level of political parties’ engagement in local authorities, despite the changes in the level of parties’ support, is relatively stable – and low: no more than one third of elected local officials in Poland are affiliated with political parties. Among parliamentary parties, only four: PO, PiS, PS and SLD, maintained their significant representation in local governments, but the share of power at the local level which they were able to win varied considerably. LPR and Samoobrona rapidly lost their significance after their defeat in the 2007 parliamentary elections. The “new parties” established later failed to secure representation at the local level. The analyses confirm a positive (and stable over time) relationship between the level of party politicisation of local governments and the size of the municipality.

Adam Gendźwiłł, Tomasz Żółtak
The paper presents the basic consequences of the introduction of single-member districts (the FPTP system) in municipal elections in Poland. The authors analyze the results of the 2010 and 2014 elections (before and after the electoral reform). Basing on the difference-in-differences research scheme, the paper presents changes in the municipalities where either block- -voting or proportional representation systems were replaced by the FPTP. The empirical analyses demonstrate that the change from the BV to the FPTP system brought only marginal effects. The replacement of the PR system by the FPTP was more visible. Quite paradoxically, it increased the number of committees competing in the elections. However, the disproportionality and the share of wasted votes increased significantly, while the fragmentation of local councils decreased. In the municipalities previously using a proportional representation system, the number of candidates decreased visibly; contrary to the initial assumptions, its impact was neutral to the share of elected female councillors. The introduction of the FPTP system significantly limited the already weak presence of nation-wide political parties in local councils.
Agnieszka Kozera
The debt of local government units (LGU) is part of the public debt. Therefore, the analysis of the phenomenon of local government debt is important for the financial security of the state. In Poland, in the period 2007–2013, the debt of local government units rapidly increased, in particular in the major cities with poviat rights – metropolises. Due to the dual nature of metropolises, they perform many important tasks in the social and infrastructure sphere that determine the quality of life of their residents and contribute to the socio-economic development of the region and metropolitan areas. However, an excessive increase in debt of the metropolis may in the future be a barrier to achieving a high rate of socio-economic development. The aim of the paper is to analyze the phenomenon of indebtedness in the largest cities with poviat rights – metropolises – in Poland in the years 2007–2013. The study draws on publicly accessible databases compiled by the Ministry of Finance (Wskaźniki do oceny sytuacji fiansowej jednostek samorządu terytorialnego).
Dominik Sieklucki

The Act of 11 January 2018 amending certain acts in order to increase participation of citizens in the process of selecting, functioning and controlling certain public bodies (Journal of Laws 2018, item 130) obliged all local government units to establish a citizens’ resolution initiative and to regulate the basic procedures related to the preparation and submission of applications by a resolution of their law-making body. The article analyses the implementation activities undertaken in cities with county rights. It indicates that before the entry into force of the Act, 55 cities out of 66 had already implemented such an arrangement, and, in their case, the Act helped unify the procedures. The article also points out that some cities did not implement these regulations before the beginning of the 8th term of office of local governments, and in several cases there were problems with the implementation, which prevented citizens from exercising their resolution initiative. The article presents the legal status as of 31 December 2019.

Jacek Wasilewski, Michał Kotnarowski, Witold Betkiewicz

The article focuses on the beliefs of the regional political elites in Poland about the models of democracy, operationalised as opinions about political representation, direct democracy and elite integration. The empirical basis is a questionnaire survey of 400 members of regional political elites carried out in 2017. The sample consists of 400 councillors of the 2014-2018 term of regional (voivodship) assemblies and town councils of big cities. The data show that an incoherence of views characterises the regional political elite: they do not form a more general vision of the democratic process, and detailed opinions on representation, direct democracy and elite integration poorly correlate with independent variables, including those describing political affiliations, i.e. party affinity or location on the left-right scale. The primary explanation for this incoherent image is the thesis about the lack of professionalisation of the regional elite.

Agnieszka Kozera
Financial self-sufficiency of the local government units, which means an ability to design their own financial policy in accordance with the applicable law, is one of the preconditions for sustainable local development. Metropolises – the largest towns with county (poviat) rights – because of their high demographic and economic potential are characterised by a high average level of financial self-sufficiency. Various processes and phenomena, including the economic crisis and the phenomenon of suburbanisation, affect the level of financial self-sufficiency of the largest cities. The main aim of the article is to assess the level of financial self-sufficiency of the metropolises in Poland in 2007-2015. The study was conducted in two stages. In the first stage, the analysis was based on the development of the basic indicators of financial self-sufficiency of the metropolises, while in the second stage of the research, a summary assessment of the financial self-sufficiency of the metropolises was conducted using the TOPSIS method. The empirical basis of the study was provided by the data from the Central Statistical Office database (Local Data Bank).
Dominika Wojtowicz, Kinga Paciorek
The paper focuses on issues related to the impact of quality management in local government at the municipal level on the use of EU funds supporting local development. Poland is one of the greatest beneficiaries of structural funds provided for regional development and strengthening cohesion within the Community. Local governments are one of the groups which absorbed most of the funds for 2007–2013. The paper describes how and to what extent the implementation of New Public Management tools in local government administration can guarantee efficient use of EU funds. Three areas of such impact are taken into consideration – the amount of acquired funds, efficient implementation of the projects co-financed by the EU, and the quality of these projects.
Julita Łukomska, Katarzyna Szmigiel-Rawska
The paper describes an indicator constructed to measure financial flows between local governments in Poland. These flows are considered as the measure of local governments’ cooperation and of the strength of functional connections crossing administrative boundaries. The purpose of this paper is to present the scale and the subject of financial transfers between local governments and the factors explaining the variation of local governments’ financial cooperation. The biggest financial transfers take place in functional urban areas, but only in terms of current expenditures. Transfers of investments expenditures are higher outside these areas and are characteristic of less affluent municipalities. The strongest associate function is to provide transportation services: both in terms of current expenditures and investments.
Jarosław Kempa
The article attempts to assess the development policy of the self-government authorities of Pomorskie region. Since the third level of territorial self-government has been established upon the state reform of territorial administration, one may ask how the intra-regional policy develops in Poland. The self-government of the region has been bound by the law to draw up a document specifying the trends of the region development a strategy of the region. The strategy provisions constitute a good point of reference for the assessment of the undertakings within the development policy taken on by the regional authorities. The assessment of the development policy in the years 1999-2004 corresponds to the first term of office and a half of the term of office of the regional authorities elected during an election. The article covers many aspects and concentrates on the description of the selected undertakings with the aim to create a regional innovation system, to support medium and small business, to create regional capital market, to develop farming and operation of the special economic zones. The author makes an attempt to show that the regional self-government, giving as an example the Pomorskie region self-government, tries to create its own development policy in compliance with the strategy in the circumstances of stiff standards imposed by the central authorities.