Local Self-Governance in Poland

### Local Self-governance

• Concept: Organization of people to address issues and improve quality of life.
• Historically: People organized themselves to achieve common goals.
• Modern: Individuals manage affairs through representatives.

### Types of Local Authorities

• Territorial: Encompasses residents within a specific geographic area.
  • County (powiat)
  • District
  • Municipality (gmina)
• Non-territorial (specialized): Based on shared professions, interests, or other common links.
  • Professional: Lawyers, doctors, nurses.
  • Economic: Trade Associations, chambers of commerce and industry.
  • Other: Student, community organizations.

### Structure of Local Government in Poland

• Three-tiered structure:
  • Municipalities (gmina): The most basic level.
  • Districts (powiat): Above municipalities.
  • Provinces (województwo): The highest level.
• Interdependence: Each level is independent in action but works together.

Dimensions of Independence of Local Governments in Poland

• Legal Personality: Local government units have civil and public legal personality. They have ownership and property rights.
• Self-Governance: Local governments have the ability to perform tasks assigned by law to meet community needs.
• Financial Independence: Local governments should participate in public revenue proportionate to their tasks. They can decide on local taxes and fees.
• Local Community Control: The community directly elects and can recall local officials. It can participate in important decisions through referendums.
• Administrative Decentralization: Local administration is an important part of public administration. Central authorities delegate some powers to communities, independent of state administration.
• Decentralization and Jurisdiction: Decentralization is reinforced by the presumption of local government competence. If laws do not say otherwise, the municipality is assumed competent to carry out tasks. Central authorities only step in when local governments struggle.
• Subsidiarity: The principle of subsidiarity is applied in Poland. Local governments don't have legislative power. All powers must adhere to the principle of state unity.
• Monism and Dualism: Monism and dualism refer to the division of power in the state. Totalitarian states only have state administration and no distinction between state and local. The PRL (People's Republic of Poland) was an example of monism, where national councils lacked self-governance.
• Decentralization as a Value: Decentralization, dividing government into state and local, is a fundamental value of modern democracies.

The Rebirth of Territorial Self-Government After 1989

• Abolition: Territorial self-government was abolished after World War II by communist authorities.
• Reforms: In 1950, administrative organs replaced self-governing units. The structure of these organs changed several times between 1950 and 1990.
• Restoration: Self-government returned in 1990 with laws restoring autonomous rights.

### Voting Rights

• Eligibility: Polish citizens or EU citizens residing in Poland who are 18 years old on election day.
• Mayors: Must be Polish citizens and can only serve two terms.

### Local Government Elections

• General principles: Universal, equal, direct, and secret voting.
• Communities < 20,000 inhabitants: Single-member constituencies. Whoever gets the most votes wins.
• Larger communities (including cities that are also counties): Multi-member constituencies. D'Hondt method is used to distribute seats. A minimum vote share is required. The number of seats varies based on size.
• Gender Representation: A certain percentage of women and men must be on candidate lists.
• Second Round: A second round is required if no candidate gets a majority in the first round.

### Control Bodies of Local Government

• Regional Level:
  • Regional Financial Oversight Body: Checks the legality and appropriateness of local budgets, taxes, and grants.
• Central Level:
  • National Audit Office: Ensures local governments are legal and wise in spending public funds.
  • Governor: Acts as a supervisory authority, checking compliance with laws. Has the power to nullify illegal actions.
  • Commissioner Administration: Can be applied when a local government is failing to comply with rules.

### Chart of Local Government Bodies

• A diagram illustrating the different levels of local government and their respective organs, showing the connection of control and decision-making.

### Supervision Over Local Government Bodies

• Prime Minister: The highest official in charge of supervising local governments.
• Governor: Appointed by the Prime Minister. Responsible for overseeing local government activity within their region.
• Regional Audit Office: Responsible for financial oversight.
• National Audit Office (NIK): Checks the legality, efficiency, and honesty of spending public funds.
• Commissioner Administration: Can be applied when a local government is failing to comply with rules. Can suspend or dismiss officials.
• Sejm (Parliament): Can dissolve local legislative bodies (councils) on the Prime Minister's request.

### Samorząd Terytorialny (Local Government)

• Three-tiered structure: Gminas, Powiats, and Województwa.
• European Charter of Local Self-Government: Regulates the status of local governments in relation to central and other governments.
• Right of Appeal: Local governments can appeal decisions from supervisory bodies to the Supreme Administrative Court.
• Control Principle: The European Charter states that control must be based on the constitution or statute.