Powiat i gmina jako współgospodarze miejsca publicznego. Konstrukcja prawnoustrojowa, formy prawne współdziałania i kierunki reformowania układu jednostek samorządu lokalnego w Polsce

Abstract

In the 1990s in Poland a reform of local administration was implemented. As a result of this reform, territorial division of the country was from now on of a three-stage nature, with local government units on each of the mentioned stages. Local government encompasses municipalities and counties, whereas regional government encompasses voivodeships. Local government in general is nonhierarchical as each unit’s independence is protected by law. By introducing such a division into two levels of local government an inefficient, problematic and halting local development system was created, through which the managing of local public space became scattered. Its structure goes against the Polish and the European tradition of forming local government, as well as against currents in local government changes in modern European countries. The system was criticized even before its final implementation. Numerous empirical studies and systemic-legal analysis prove its irrationality. Over 15 years of functioning of said division point to the need of another reform.