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Central European Public Administration Review
Article . 2022 . Peer-reviewed
License: CC BY NC ND
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Is the European Charter of Local Self-Government an Effective Instrument for the Protection of Local Autonomy in Poland?

Authors: Stanisław Zakroczymski;

Is the European Charter of Local Self-Government an Effective Instrument for the Protection of Local Autonomy in Poland?

Abstract

Purpose: The objective of this research is to examine whether the European Charter of Local Self-Government is, in practice, an effective instrument for the protection of the autonomy of local government in Poland, as well as well as to define the contribution of the Polish case law and administrative practice to the understanding of the principles of the Charter. The importance of the subject is strengthened by the political context. For many years, Poland was considered a model country safeguarding extensive local autonomy. Recently, however, recentralization trends have emerged in government policies. Design/methodology/approach: The research is based on the qualitative and quantitative empirical research of the case law and administrative practice with elements of doctrinal analysis.Findings: The Charter is present in the case law of the Constitutional Tribunal (22 judgments), administrative courts (166), and public administration bodies supervising local governments (49). The number is high compared to other CoE countries. The administrative courts seem to be more eager to adjudicate in favour of local governments in the cases in which the Charter is referred to.Academic contribution to the field: A specific Polish input to the application of the Charter is the frequent use of the principle of proportionality in the supervision of local governments, which serves the courts as a perfect tool for resolving ‘hard cases’ between the local government and central administration bodies. In several important judgments, Article 11 concerning the judicial protection of local governments was invoked to effectively strike down the law limiting the local governments’ access to court in specific cases.Practical implications: The research may be useful for local government representatives in formulating their litigation strategies, especially in legal disputes with central authorities.Originality/value: This research is the first all-embracing empirical research of the application of the Charter in a country’s legal practice. It shows original ways of the practical use of the Charter not described in the literature so far.

Country
Slovenia
Related Organizations
Keywords

supervision of local government, info:eu-repo/classification/udc/352(438)(4-6EU), nadzor nad lokalno samoupravo, upravna sodišča, lokalna avtonomija, European Charter of Local Self-Government, Evropska listina lokalne samouprave, European Charter of Local Self-Government, local government, administrative courts, supervision of local government, local autonomy, JF20-2112, local government, lokalna samouprava, administrative courts, Political institutions and public administration (General), local autonomy

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
Green
gold