The regulations on metropolitan areas in Poland

Katarzyna Borówka , Jakub Szlachetko

Abstract

The Constitution of the Republic of Poland of 2 April 1997 stipulates that the territorial system of the Republic of Poland shall ensure the decentralisation of public power1. The principle of decentralisation guarantees the effective performance of public tasks, which means that various legal entities which are independent of government administration authorities become involved in the exercise of administration activitie2. The constitutional regulations do not specify the level of decentralisation, leaving a significant degree of flexibility to the ordinary legislator3. Within the Polish system, a significant role among entities exercising decentralised administration is played by local government units which, pursuant to Article 16(2) of the Constitution, participate in the exercise of public power by performing ‘a substantial part of public tasks’. The legislator has equipped local government with a general competence clause by stating in Article 163 of the Constitution that local government shall perform public tasks that are not reserved under the Constitution or statutory laws to the bodies of other public authorities. Therefore, local government units should be recognised as the most important entities of decentralised administration, but they are not the only ones. After almost 20 years for which the Constitution has been in force, the legislator has satisfied the subsidiarity principle by providing legal grounds for establishing entities that carry out public tasks within specific metropolitan areas. The subject of this paper is a detailed analysis of legal regulations concerning metropolitan areas in Poland, which takes into account the legal construct and scope of functioning of metropolitan unions.
Author Katarzyna Borówka (FLA / DAL)
Katarzyna Borówka,,
- Department of Administrative Law
, Jakub Szlachetko (FLA / DAL)
Jakub Szlachetko,,
- Department of Administrative Law
Journal seriesEconomic and Social Development, ISSN , e-ISSN 1849-7535 , (0 pkt)
Issue year2017
NoBrak
Pages20-27
Publication size in sheets0.5
Conference23rd International Scientific Conference on Economic and Social Development , 15-09-2017 - 16-09-2017, Madrid, Hiszpania
Keywords in Englishdecentralisation of public power, metropolitan area, metropolitan union, public tasks of metropolitan nature, subsidiarity principle
URL https://www.esd-conference.com/upload/book_of_proceedings/Book_of_Proceedings_esdMadrid_2017_Online.pdf
Languageen angielski
Score (nominal)15
ScoreMinisterial score = 15.0, 24-07-2019, ArticleFromConference
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