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David Graeber, Utopia regulaminów. O technologii, tępocie i ukrytych rozkoszach biurokracji, Warszawa 2016, ss. 281

Author(s): Wojciech Taras / Language(s): Polish Issue: 2/2017

Prowadzenie zajęć z przedmiotu nauka administracji wymaga nieustannego weryfikowania i pogłębiania wiedzy, co akurat nie powinno nikogo zdumiewać, ale także poszukiwania wyników badań często bardzo odległych od siebie dyscyplin naukowych. Wystarczy przypomnieć w tym miejscu podręcznikową tezę, że nauka administracji, przy zastosowaniu metody empirycznej, gromadzi wiedzę o administracji publicznej istniejącej tu i teraz. Oznacza to konieczność poznania przynajmniej podstaw ekonomii, socjologii, statystyki, a nawet historii muzyki, jeżeli chcemy dowiedzieć się, dlaczego nazwa zgłębianego przedmiotu to nauka administracji, a nie nauka o administracji, jak nakazują reguły rodzimego języka. W katalogu książek, które powinniśmy przeczytać, nie może zabraknąć całkiem pokaźnej liczby pozycji z półki oznaczonej hasłem politologia, czasem bardzo szeroko rozumianym, o czym najlepiej świadczy recenzowane opracowanie

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O dyskrecjonalności administracji publicznej w procesach stosowania prawa

Author(s): Wojciech Dziedziak / Language(s): Polish Issue: 3/2017

The article discusses the issue of discretionality (discretion of decision) of the public administration in the processes of law application. The discussion is an attempt to direct this discretionality by pointing to the good. The real good, “good in itself” is the man, the objective and absolute purpose. The purpose of the law, the objective of action is the man and his good correlated with the common good. Therefore, all manifestations of discretionality of public administration in the processes of law application (administrative discretion) ought to be directed at this good – the good proper and fair. It directs, but also limits discretionality of administrative actions.

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Prezes Rady Ministrów jako organ podlegający kontroli sejmowej (w świetle regulacji normatywnych). Część II. Prezes Rady Ministrów jako organ podlegający kontroli sejmowej w innych swoich rolach ustrojowych

Author(s): Jerzy Kuciński / Language(s): Polish Issue: 3/2017

In this article the attention is paid to other roles of the Prime Minister in governmental institutions as a body subject to Sejm control, to mention only his position within the governmental administration (vis-à-vis deputy prime ministers, ministers outside cabinet, “non-governmental” organizations of state administration); position of the Prime Minister as a sole supreme body of state administration; his relations with other central bodies of state administration (President, Sejm, Supreme Audit Office). The problem of accountability of the Prime Minister to Sejm has also been contemplated. Making an attempt in both parts of the article to evaluate the influence of various factors on legal and governmental status of the Prime Minister as a body subject to Sejm control, the following has been stated: a) The Prime Minister holds a very strong position and plays a leading role within the structures and functioning mechanisms of the Council of Ministers and in relations with “non-governmental” bodies of state administration, b) position of the Prime Minister in managing the Council of Ministers, a body ranking number one within the structures of executive power and wide authority of the Prime Minister including non-legal factors result in an important role played by the Prime Minister within the entire system of the authorities of the Republic of Poland. These factors also confirm how important is Sejm control of the Prime Minister’s activity for the proper implementation of the principle of separation and balance of powers.

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The Application of the Legal Structure of an Agreement in Public Administration

Author(s): Bartosz Kuś,Jacek Trzewik / Language(s): English Issue: 3/2017

The aim of the article is the presentation of the agreement as the form of activity of public administration. These forms are being defined as the predicted type determined by the law of the specific activity of the administrative body. The attempts of systematization of forms of action of public administration take into account various criteria. Among others to these forms are numbered administrative acts, normative acts, forms of factual activities and agreements. The last years brought special interest in the problems of bilateral forms of the activity of public administration, above all agreements in the nearly administrative. The agreements as the legal form of the activity of administration are divided into two fundamental groups. The first group contains agreements of civil law. In the second group there are public legal agreements. Based on the more detailed division, double-sided forms of action of administration include civil agreements, administrative agreements, administrative arrangements and settlements. The use of construction of legal agreement in the sphere of actions of public administration has its own specific. The doctrine of public law indicates the characteristic features of used agreement at the level of public law.

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Правовая доктрина в механизме российского государства: научно-теоретический анализ

Author(s): Rinat Abrekovich Gilmullin / Language(s): Russian Issue: 2/2017

This paper springs from the growing importance of the legal doctrine in the Russian legal practice, which has become an essential link between individual constitutive components of the legal framework in the society. The legal doctrine allows to set out appropriate priorities for the regulated law-making practice and enforcement at all levels of the governmental structure of the state. It is obvious, however, that the effectiveness of the legal doctrine as a result of both social compromise and intellectual activity is directly dependent on the algorithms of proper and fair conduct of person, social group, society, and state, as defined by the legal doctrine. Being relatively free of formalities and as a result of intellectual activity and scientific work to some extent, it provides a focus for administration of law and rights enforcement in general. Furthermore, it should convey more than just a general idea or an initiative as an objective result, rather a balanced conception or, ultimately, a draft law. The legal doctrine facilitates comprehension of the law and makes it easily understandable not only for government employees, but also for ordinary citizens. It has been emphasized that the category of state mechanism is not merely a simple notion or a commonplace term in the theory of state and law, being rather a key component, one of the pillars of the state system. Interconnection of its structural elements with the legal doctrine plays an important role for it to exist.

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The role of social participation in the concept of good governance - a theoretical approach

Author(s): Małgorzata Zakrzewska,Manfred Ahn,Jorge Vila Biglieri,Jeļena Zaščerinska,Norbert Gruenwald / Language(s): English Issue: 4/2017

Nowadays, the concept of good governance plays a central role in debates in the area of social sciences in general and in the field of public administration in particular. The concept has been used frequently but often with quite different meanings and implications, moreover, one should underline the significant role of social participation in this concept as it involves citizens assessing their own needs and participating in local projects. Therefore, for social participation, transparency of government information is needed, as well as the inclusion of members in the decision-making process. Excluding the weak and powerless from decision-making is a cause of poverty because it denies them rights and creates unequal power relationships. This paper discusses a variety of meanings and different approaches to the role of social participation in the concept of good governance but its main focus is on the capacity of government to make and implement social participation policies and, thereby, develop knowledge based economies based on active participation of citizens and their well-developed bridging social capital.

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Ex post regulation as method of the public policy in the regulated sectors

Author(s): Rafał Nagaj,Brigita Žuromskaitė / Language(s): English Issue: 4/2017

The paper is a theoretical and empirical study addressing the issues of ex post regulation as a method of public policy to control selected sectors of the economy where market failures exist. The aim of the article is to explain the essence of ex post regulation, its types, advantages and disadvantages. This article will focus on the critical analysis of professional literature and the case study of the experiences of states that have applied this type of policy to the infrastructure sectors. Theoretical and empirical analysis indicates that it is not everywhere possible to apply this kind of state intervention. Such public policy requires the creation of some boundary conditions, such as restructuring or liberalization processes to ensure that competition mechanisms are so deeply rooted that its application will be effective and companies will not abuse their market position in relation to the consumer.

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Integrated territorial investments as a tool of building the capability of functional areas – illustrated with an example of Poland

Author(s): Joanna Wyrwa,Anetta Barska,Janina Jędrzejczak-Gas / Language(s): English Issue: 4/2017

A new tool of EU cohesion policy, proposed for 2014-2020, that is, integrated territorial investments (ITI) was presented in the article. This tool, supporting sustainable development of urban areas, is supposed to encourage self-government units to cooperate more closely, above all, to motivate them to solve problems together. The goal of the article was to identify fundamental changes in approach to programming and financing the development in the years 2014-2020, present mechanisms and instruments of urban policy supported from the EU funds. The article systematizes knowledge concerning integrated territorial investments and new approaches to solve developmental problems of the cities and urban regions. Literature research was applied in this analysis and EU and domestic legal regulations concerning integrated territorial investments were reviewed. The implementation of integrated territorial investments in Polish functional areas was also identified.

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Housing policies for the elderly: why should we care?

Author(s): Nina Szczygieł,Mafalda Almeida / Language(s): English Issue: 4/2017

In aging societies, housing responses for the elderly are of increasing importance. The article deals with the problem of housing policies from the viewpoint of an elder person and analyzes an impact of the place of residence. The study suggests that community dwelling elderly have significantly higher quality of life and experience less loneliness. In view of these results, there are reasons to believe that a well-designed quality home care system for the elderly could be beneficial in that it allows aging in the household while maintaining the social networks. The study sheds light on consequences of social responses and contributes to the discussion on future directions in housing policies for the elder population.

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Public sector management as a development problem in the countries of Southeast Europe

Author(s): Mimo Drašković,Milica Delibašić,Veselin Drašković,Mladen Ivić,Drago Pupavac / Language(s): English Issue: 4/2017

In the period of nearly three decades of post-socialist transition in the countries of Southeastern Europe (SEE), there were numerous synergistic, destructive and anti-developmental hindering institutional factors that directly caused the creation of social and economic insecurity. Many developmental problems, as well as social, economic and institutional deformations, have generated a lasting and deep crisis. This paper analyzes the basic deformations of public sector management, which has emerged as a driving force for all development problems in the SEE countries. It starts with two assumptions: first, weak and slow institutional changes were deliberately programmed by the nomenclature of government, in order to eliminate institutional competition and affirmation of the quasi-institutional monism of neoliberal type, which have enabled the substitutive development of the so-called alternative institutions; and second, highly interest-oriented motives of the government nomenclature have been the main cause of ignoring rational recommendations by representatives of non-institutional economic theories.

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The Evolution of the Rational Actor Model in Local Public Administration.

Author(s): Dorina Ţicu / Language(s): English Issue: 12/2017

The article proposes to identify the dynamics of the indicators operationalised for the actors involved at this level, in order to determine whether there are similarities, or differences, which may or may not result in the modification of the general rational actor model.

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Quality of Government at Regional Level - Example of Lithuanian and Polish NUTS 2 Regions

Author(s): Danuta Miłaszewicz,Grażyna Węgrzyn / Language(s): English Issue: 4/2017

The aim of the article is to conduct a comparative analysis of the quality of government (QoG) in Lithuania (treated as a single NUTS 2 region) and in Polish Voivodships (16 NUTS 2 regions). The analysis of the quality of government was conducted on the basis of indicators quality of government in the European regions developed twice, in 2010 and in 2013, by the Quality of Government Institute in Gothenborg. The results of the performed analyzes show that in both cases the quality of government in Lithuania and in Poland was relatively low, and as regards the quality of government, Lithuania was placed very low in the ranking of the 17 analyzed NUTS 2 regions. The article is of theoretical and empirical nature. The theoretical part is dedicated to presenting public tasks implemented by self-government units in Lithuania and in Poland along with the concept of the QoG. The empirical part contains description of the methodology of research and results of conducted comparative analysis. The article is concluded with a summary, in which the main conclusions from the study are presented.

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State in the assessment of students in Poland, Lithuania and Slovakia in the light of research on social capital

Author(s): Piotr Szkudlarek / Language(s): English Issue: 4/2017

The aim of the article is to evaluate the perception of the state by students in the context of research on social capital. The paper uses the results of a survey conducted at the Faculty of Economics and Management University of Szczecin, Faculty of Politics and Management Mykolo Romeris University in Vilnius and Faculty of Economics, Matej Bel University Banska Bystrica Theoretical part of the article presents chosen issues concerning social capital in relation to the state. This part has also become a foundation to the analysis of the survey outcomes conducted among students in Poland, Lithuania and Slovakia. It was preceded by presentation of research methodology. The article presents conclusions regarding the assessment of the state by students in Poland, Lithuania and Slovakia in the context of democracy, social participation, trust and social norms.

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The phenomenon of social exclusion in European Union Countries in relation to Europe 2020 Strategy

Author(s): Katarzyna Warzecha,Anna Skórska / Language(s): English Issue: 4/2017

„Europe 2020- A strategy for smart, sustainable and inclusive growth” is a long term programme of socio- economic development of European Union for 2010 – 2020. The present study is to examine the process of implementation of Europe 2020 Strategy indicators as regards social exclusion and poverty combating in Poland and other EU countries, as well as setting trends in this area and forecasting the objectives implementation period for the EU as a whole and for Poland individually. Another objective of the research is categorizing the EU countries as regards the similar level of measures describing the social exclusion phenomenon by means of TOPSIS and Ward’s methods. The research period is 2005-2015.

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MIEJSKIE PARTIE PREZYDENCKIE W MIASTACH NA PRAWACH POWIATU WOJEWÓDZTWA ŚLĄSKIEGO

Author(s): Marek Czaja / Language(s): Polish Issue: 03/2017

This article focuses on the characteristics and the position of municipal presidential parties in the municipalities in the Silesian region. The article based on the results of the City Council elections in the years 2006–2014. Municipal presidential parties are defined as local initiatives created by independent Mayors. These parties were created as a result of the change in law connected with the mayoral elections. The analysis demonstrates that in the majority of municipalities in the Silesian Voivodeship initiatives that are described are relevant to local politics. Moreover, it presents significant differences among all the cities to their relevance. The article extends the analysis of urban move-ments in the biggest cities of the Silesian Voivodeship by the category of the municipal presidential parties which constitute one of the models of the described entities.

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Administrative Procedures and Protection of Property Rights in Serbia

Author(s): Dejan Lj. Milenković / Language(s): English Issue: 2/2017

Besides the general administrative procedure stipulated in detail in the Law on General Administrative Procedure, there are numerous special administrative procedures in the Republic of Serbia, contained in sectoral laws that regulate certain areas. This is the case in the field of property-related legal affairs e.g. in connection with nationalization, expropriation, colonization, restitution, etc. The purpose of this paper is to provide an analysis of special administrative procedures and their „reflections” on the exercise of the right of citizens to peaceful enjoyment of their property, as well as procedures providing for the possibility that the state in the public interest restrict this right. Also, the analysis should determine how this special legal regime affects the efficient and effective exercise of the right to peaceful enjoyment of property on the one hand and on the other what is the real scope of administrative-procedural protection.

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DEMOKRACJA WEWNĄTRZZWIĄZKOWA JAKO PRZEDMIOT OBRAD KKP I KK NSZZ „SOLIDARNOŚĆ” W LATACH 1980–1981

Author(s): Krzysztof Łabędź / Language(s): Polish Issue: 03/2017

In the article, against the background of normative assumptions about intra-union democracy, the difficulties in the implementation of these assumptions are presented, especially in operation of the management of the union, as well as its causes. Some of the fundamental problems faced during debates of the National Liaison Committee (later National Committee) in the years 1980–1981, i.e. related to the degree of open-ness of the debates and negotiations and the status of the union's press (the degree of subordination to the union's instances), observance of statutory regulations and resolu-tions in the situation imposing leaving them, progressive centralization of decision-making processes (including the special status of chairman), as well as real abilities of the influence of regional authorities and member masses on the decisions, the actual role of advisers and experts in decision-making, the lack of separation of powers (unity of the union authorities). The causes of these problems were complex – some of them resulted from the ongoing strength of political conflict, some of the charac-teristics of the existing, centralized system of governance in the state, other from the necessity of rapid and effective action, communication difficulties, lack of appropri-ate competences or, finally, personality predispositions of both members of the leader-ship, as well as the ordinary members of the union. As a result, throughout the period under consideration, despite a number of achievements in the implementation of dem-ocratic principles in the union, it became impossible to fully comply with them in the management's activity.

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New civil service legal framework in Albania – the roadmap for the whole region?

Author(s): Aleksandra Rabrenović / Language(s): English Issue: 4/2017

The objective of the paper is to analyse the Albanian civil service legislation changes with respect to recruitment, selection and termination of employment. The central sections of the paper examine new civil service legislation (Civil Service Law of 2013 and subsequent amendments of 2014) and its early implementation challenges. The author concludes that some aspects of the new civil service legislation, such as pool recruitment and permanent civil service recruitment commissions, may serve as a roadmap for other Western Balkan countries in the region, although their full effectiveness is yet to be proven in practice. The provisions which guarantee civil service professionalization and tenure, especially with respect to senior positions, are still not fully implemented and hence do not set a good example of how to move forward in this sensitive politico-administrative field.

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Prywatyzacja wrażliwych informacji gospodarczych drogą do naruszania ustawowej ochrony cywilnej dłużnika

Author(s): Edyta Dębska / Language(s): Polish Issue: 1/2012

Przewidziane przez ustawodawcę polskiego regulacje prawne w zakresie pewności i bezpieczeństwa obrotu gospodarczego oraz udostępniania informacji o wiarygodności płatniczej określonych podmiotów, maja na celu zapewnienie przez państwo sprawnego funkcjonowania systemu informacji gospodarczej. Jednakże zadania zmierzające do osiągnięcia powyższego celu, są wykonywane nie za pośrednictwem organów administracji publicznej, lecz przez podmioty prywatne (Biura Informacji Gospodarczej). Istotne jednak jest to, ze instytucje te, w ramach prowadzonej działalności, dokonały poszerzenia podstawowych założeń ustawy o BIG, w szczególności przez wykorzystanie powyższych regulacji w celach windykacyjnych, także w zakresie roszczę juz przedawnionych.

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„САМОУПРАВА“ О УРЕЂЕЊУ КРАЉЕВИНЕ СХС ОД ИЗБОРА ЗА УСТАВОТВОРНУ СКУПШТИНУ ДО УСВАЈАЊА ВИДОВДАНСКОГ УСТАВА

Author(s): Nebojiša Maksimović / Language(s): Serbian Issue: 77/2017

In the Kingdom of Serbs, Croats and Slovenes (SCS), the Radical Party sought to establish and preserve the unitary state order. In the first half of 1921, the official newspaper of the Radical Party “Samouprava” (Autonomy) consistently defended this concept during the constitutional debate preceding the adoption of the Vidovdan Constitution (adopted by the Constitutional Assembly on St. Vitus’ Day, 28 June 1921). Numerous arguments were made in favor of political centralization, while challenging federalism as a good constitutional solution to internal political, national and economic relations. The arguments proposed by “Samouprava” were based on the fact that a unitary state best suited the interests of a single nation which included three Slavic tribes, wheras the federal system of government would trigger the development of “tribal” and provincial separatism. State unity was also sought for foreign policy reasons because it was believed that the federation would be resistant to external pressures, especially in the event of any confrontation with the neighboring countries.

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