scholarly journals Declaration of invalidity of a resolution or order of local government body as one of the measures of supervision over local authority

2020 ◽  
Vol 51 (51) ◽  
pp. 41-47
Author(s):  
Michał Krawczyk
Keyword(s):  
Local Government ◽  
Local Authority ◽  
Significant Degree ◽  
Government Administration ◽  
Judicial Decisions ◽  
Constitutional Tribunal ◽  
The Subject ◽  
Administrative Courts ◽  
Government Body

In this article, basing on normative regulations, judicial decisions of administrative courts and of Constitutional Tribunal and literature of the subject, the analysis of one of the means of supervision over local government was made, which is the Voivode having possibility to state the invalidity of a resolution or order of local government body. Although the legislator equipped the local government with a significant degree of autonomy and independence - legal, judicial, financial, organizational - it did subject the lawfulness of legal acts established by local government bodies to control by government administration bodies and provided for the possibility of declaring them null and void. The article analyses the provisions concerning the circumstances and procedures for the application of such a supervision measure and its implementation as well as the issue of appealing the analysed supervision measure to the administrative court.

scholarly journals Obudowa górnicza jako odrębny od wyrobiska obiekt – konstrukcja oporowa, podlega opodatkowaniu podatkiem od nieruchomości. Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 10 stycznia 2020 r. (II FSK 532/18, LEX nr 2777589)

2021 ◽  
Vol 30 (1) ◽  
pp. 429
Author(s):  
Marzena Świstak
Keyword(s):  
Property Tax ◽  
Negative Consequences ◽  
Crucial Importance ◽  
Retaining Structure ◽  
Judicial Decisions ◽  
Legal Situation ◽  
Constitutional Tribunal ◽  
The Subject ◽  
Administrative Courts

<p>The author agrees with the Supreme Administrative Court’s judgement that has been glossed. The mining support may be classified as a separate to post-mining pit retaining structure and is subjected to the property tax. In 2011, the Constitutional Tribunal issued an interpretative judgement which is of crucial importance for the practice of the taxation of post-mining pits. First and foremost, it resolved the fundamental dilemma concerning the post-mining pit, deciding that as such a post-mining pit does not constitute the subject of taxation. The situation is different in the case of infrastructure located in underground post-mining pits, e.g. mining support. The analysis of the most recent judicial decisions shows that the issue mentioned still provokes numerous difficulties. The gloss thoroughly analyses the latest judicial decisions of administrative courts through the prism of the negative consequences for the legal situation of taxpayers. Undoubtedly the necessity to carry out a proper amendment seems justified. Such an amendment would in a clear, unambiguous manner determine the legislator’s will in the area of the taxation of post-mining pits.</p>

SPORTS SCHOLARSHIP FOR PLAYERS ESTABLISHED AND FINANCED BY MUNICIPALITIES IN THE ADMINISTRATIVE COURTS JUDGMENT – SELECTED ISSUES

2021 ◽  
Vol 1 (XXI) ◽  
pp. 61-74
Author(s):  
Przemysław Kuczkowski
Keyword(s):  
Local Government ◽  
Scientific Paper ◽  
Short Article ◽  
Complex Issue ◽  
Subjective Criterion ◽  
The Subject ◽  
Administrative Courts ◽  
The Right

The scientific paper presents the issue of a sports scholarship established and financed by a local government, which is a commune according to Art. 31 of the Act of June 25, 2010 on sport. Only the sports scholarship, which can only be received by the player, was taken into account, i.e. the sports scholarship for the coach was not transferred at work. The issue of the sports scholarship is a complex issue, which cannot be presented in short article, therefore the article focuses mainly on three important problems related to the interpretation of art. 31 of the Sports Act, i.e .: 1) on the subject of the subjective criterion, 2) on the issues of subject criteria and 3) the right to suspend the sports scholarship. The aim of the article is to review and assess the important views of the judicature on selected aspects of the sports scholarship for a competitor, any discrepancies, and to indicate the fields that should be resolved by the activities of the Supreme Administrative Court or legislative intervention

Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part I)

2021 ◽  
Vol I (I) ◽  
pp. 109-133
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Capital City ◽  
Official Journal ◽  
Real Property ◽  
Judicial Decisions ◽  
The Status ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Proceedings

Jurisprudence of administrative courts on various aspects of real property law is extensive and multi- faceted. The main bulk of cases concerns real properties which are subject to the reprivatisation process that, in the absence of final solutions to re-privatisation predicaments and the multi-faceted effects of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries of the Capital City of Warszawa, hereinafter referred to as the “Warsaw Decree” (promulgated in the official journal “Dziennik Ustaw” of 21 November 1945, No 50, item 279), which remains in force for over seventy years, are often the subject of judicial review of administrative decisions. Administrative court rulings play a significant role in real property cases and set the directions for future decisions by public administration bodies. The analysis of judicial rulings in real property cases will be limited to selected problems, which, given differing interpretations, are the cause of discrepancies in judicial decisions in administrative courts. This paper, which is the first part of the study, covers jurisprudence on the premise of death of a party during administrative proceedings, which has an impact on the potential invalidity of a decision and its ex tunc effects as well as the status of a party in real property proceedings.

AUTONOMY OF LOCAL GOVERNMENT AS REGARDS TAX REVENUES – THE LEGAL ASPECTS

2018 ◽  
Vol VIII (z. 2) ◽  
pp. 150-156
Author(s):  
Justyna Orlikowska
Keyword(s):  
Local Government ◽  
Legal Aspects ◽  
Judicial Decisions ◽  
Tax Revenues ◽  
Constitutional Tribunal

The issue of local government units' autonomy as regards tax revenues is analysed based on the source literature and the judicial decisions of the Constitutional Tribunal. The author has studied mainly the legal aspects of financial and revenue autonomy of communes. Moreover, the problem of poviats’ and voivodeships’ autonomy in tax issues has been presented. However, the rights of poviats and voivodeships to influence revenues are limited. Nevertheless, it can be acknowledged that the powers of communes as regards taxes are properly governed.

scholarly journals STRUCTURAL CHALLENGES AND LOCAL GOVERNMENT ADMINISTRATION IN NIGERIA

2018 ◽  
Vol 1 (1) ◽  
pp. 26-35
Author(s):  
Salami Issa AFEGBUA, ◽  
Kehinde Ohiole OSAKEDE, ◽  
Barry Barisu NKOMAH
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Relevant Literature ◽  
Secondary Data ◽  
State Governments ◽  
Government Administration ◽  
Political Interference ◽  
The Subject ◽  
Secondary Data Sources ◽  
Government Development

This paper examined the structural challenges and local government development in Nigeria. Local governments system in Nigeria, has taken different forms from one period to the other. There were series of reforms in the Nigerian local government system aimed at addressing the structural deficiency inherent in the third tier of government in Nigerian federation. Suffice it to say that, the development of local government in Nigeria is almost becoming an illusion as local governments faced with multifarious structural challenges which serve as impediments to its development. The study that relied on secondary data sources through a comprehensive review of relevant literature on the subject of discussion. The paper identified constitutional crises, undue political interference amongst others as major constraints to local government development in Nigeria. The paper submits that there is need to restructure the present local government system in Nigeria by going back to multi-tier local government in the 1950’s. Areas of contribution to its development were also identified and conclude that the Constitution of the Federal Republic of Nigeria should be amended to enable State Governments and the various State Houses of Assembly loosen their firm grip on the local governments in order to allow the local government authorities take initiative that will enhance its growth and development.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 20 listopada 2019 r., sygn. akt K 4/17

2021 ◽  
Vol 2(163) ◽  
pp. 267-279
Author(s):  
Zbigniew Gromek
Keyword(s):  
Health Care ◽  
Local Government ◽  
Local Governments ◽  
Health Care Services ◽  
Public Health Care ◽  
Constitutional Court ◽  
Care Services ◽  
Constitutional Tribunal ◽  
The Subject ◽  
The Republic

In the judgment of 20 November 2019 (Case K 4/17), the Constitutional Tribunal assessed the compatibility with the Constitution of the Republic of Poland of provisions imposing on local government units the obligation to cover financial losses of independent public health care institutions run by local governments. The negative financial result of local government healthcare institutions resulted from insufficient financing of medical services by the National Health Fund. The Tribunal found that local government units were thus obliged to partially finance health care services, despite the fact that this is a task of government administration. The issue of providing local government units with adequate financial resources has repeatedly been the subject of rulings by the Constitutional Court. Jurisprudence to date has been based on a restrictive interpretation of Article 167(1) and (4) of the Constitution of the Republic of Poland. As a result, the aforementioned provisions ceased to fulfill the guarantee function in relation to local government. The judgment under review constitutes a departure from the above line. The position adopted therein deserves to be endorsed and continued in future jurisprudence.

scholarly journals The Effect of Shared Service Centers on Administrative Intensity in English Local Government: A Longitudinal Evaluation

2019 ◽  
Vol 30 (1) ◽  
pp. 113-129 ◽  
Author(s):  
Thomas Elston ◽  
Ruth Dixon
Keyword(s):  
Local Government ◽  
Economies Of Scale ◽  
Administrative Support ◽  
Local Authority ◽  
Structural Complexity ◽  
Change Score ◽  
Support Functions ◽  
Service Adoption ◽  
Shared Service ◽  
Primary Service

Abstract “Administrative intensity” (AI) describes the proportion of total resources that organizations spend on administrative support functions rather than primary service and production processes. We test whether “sharing” administrative activities between organizations leads to a fall in AI due to economies of scale, as is often supposed, using organizational and financial data from more than 300 English local authorities. We employ multi-wave change score regression analysis to relate changes in AI from 2008 to 2016 to levels of shared services participation, and further test whether reform performance varies by category of local authority, type of administration, or degree of structural complexity. Although we find that some measures of AI fell slightly over this period, this was unrelated to shared service adoption for any category of local authority. Sharing of clerical rather than professional types of administration, and sharing by organizations and within partnerships characterized by lower structural complexity, also failed to improve reform outcomes. Faulty assumptions about the extent of administrative scale diseconomies in English local government partly explain this significant reform underperformance.

Albert Schweitzer and the Jews

2014 ◽  
Vol 107 (3) ◽  
pp. 363-398
Author(s):  
James Carleton Paget
Keyword(s):  
Jewish Community ◽  
Academic Career ◽  
Significant Degree ◽  
The Other ◽  
Personal Contact ◽  
Christian Communities ◽  
History Of ◽  
The Subject ◽  
Long Life ◽  
The One

Albert Schweitzer's engagement with Judaism, and with the Jewish community more generally, has never been the subject of substantive discussion. On the one hand this is not surprising—Schweitzer wrote little about Judaism or the Jews during his long life, or at least very little that was devoted principally to those subjects. On the other hand, the lack of a study might be thought odd—Schweitzer's work as a New Testament scholar in particular is taken up to a significant degree with presenting a picture of Jesus, of the earliest Christian communities, and of Paul, and his scholarship emphasizes the need to see these topics against the background of a specific set of Jewish assumptions. It is also noteworthy because Schweitzer married a baptized Jew, whose father's academic career had been disadvantaged because he was a Jew. Moreover, Schweitzer lived at a catastrophic time in the history of the Jews, a time that directly affected his wife's family and others known to him. The extent to which this personal contact with Jews and with Judaism influenced Schweitzer either in his writings on Judaism or in his life will in part be the subject of this article.

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