Zmiany społeczne, gospodarcze i kulturowe w erze ponowoczesnej a ustrojowa przyszłość instytucji samorządu terytorialnego w Polsce

Abstract

In the postmodern era, Europe, including Poland, is strikingly characterised by the migration of citizens, caused among others by the process of European integration or globalisation, enhanced by the fact that territorial, transport and language barriers cease to exist. There are two types of migration: external (among countries) and internal (among regions or municipal units). The process mentioned, apart from all its positive aspects, may simultaneously lead to a weakening or even loss of local identity as well as social bonds on the local level. These two elements, however, are absolutely vital for the proper functioning of a local self-government community. The process of erosion of social bonds is also infl uenced by a consumerist and hedonist lifestyle. Therefore, a question arises about the future shape of the self-governmental community, which consists of all the inhabitants of a principal unit of administrative division of a country. Such a community with its territory constitutes the local self-government, which not only takes part in exercising public authority, but also as a result of the process of decentralising public authority, accomplishes an essential part of its objectives. Thus, the fi rst element of the presentation will be introducing the political shape of the local self-government, set by the norms laid out in the constitution and the European Charter of Local Self-government, based on legal dogmatics and empirical method (analysis of the jurisdiction of the Constitutional Tribunal, the Supreme Court and the Supreme Administrative Court). Second, the presentation will attempt to verify the thesis concerning the level of threats for the future functioning of the institutions of the local self-government, caused by contemporary social, economic and cultural changes. A measurable factor verifying the thesis will consist in the analysis of the participation of the local communities in the direct way of exercising authority by the members of the self-governmental community, namely the attendance in local elections). A positive answer to the thesis formed may constitute a basis for de lege ferenda conclusions, concerning the shape of local self-government institutions in Poland

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