Barometr regionalny tom 11 nr 2 Polish Regionalism — Present Challenges and Threats Wojciech Orłowski University of Maria Curie-Skłodowska in Lublin, Poland University of Management and Administration in Zamość, Poland Abstract After the accession of Poland to the European Union our country started to be defined as a decentral- ized state with a regional structure. The aim of this paper is to compare Polish legal solutions to the Italian and Spanish solutions regarded as classic models of regionalism. The effect of the analysis is the conclusion that the biggest obstacle for the development of regionalism in Poland is the lack of proper legal regulations including constitutional regulations. It is responsible for the fact that Polish voivodeships do not have guarantees of territorial integrity. Theoretically there is even a possibility to replace them with other units of territorial division. Other restrictions for regional development are: insufficient level of financing and the lack of formed social ties in newly formed voivodships. Due to these factors voivodships do not play their own political role. The situation could be changed as a result of an enlargement of regional competences and granting voivodships limited autonomy similarly to the situation in Italy and Spain. Introduction In foreign literature, and even in works being official documents of the European Union there is a description of Poland equally with Italy and Spain as a state with a decentralized regional struc- ture . There are opinions that the experience of some of the countries preparing for EU accession further confirms the link between European integration and the restructuring of sub-national tiers of government . According to such opinions in Poland the rebuilding of local government and devo- lution from central government to the local and regional level went hand in hand with the launch of EU accession negotiations in the early 1990s . The aim of this paper is an attempt to answer some of the questions concerning the present state and the future perspectives of regionalism in Poland . The prevailing view is that there is congruence between the processes of European integration and regional governance has been the subject of an extensive literature and research agenda, in which the question of the powering of regions within European integration processes is contested (see, for example: Weatherill 2005; Loughlin 2001; Jeffery 2000) . So the additional research hy- pothesis could be an attempt to assess if the accession of Poland to the EU created more beneficial conditions for the development of regionalism in our country . 1 Regionalism as a constitutional principle The term “regionalism” has numerous meanings . The key issue here is the Constitution and its solutions . The position of regions is defined in the Constitution in Italy as well as in Spain and France . Art . 2 of the Spanish Constitution states that the Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible country of all Spaniards; it recognizes and guarantees the right to autonomy of the nationalities and regions of which it is composed, and the solidarity amongst them all . Similarly art . 5 of the Italian Constitution states that the Republic is one and indivisible . It recognizes and promotes local autonomies, and implements the fullest mea- sure of administrative decentralization in those services which depend on the State . The Republic 8 Wojciech Orłowski adapts the principles and methods of its legislation to the requirements of autonomy and decen- tralization . Similarly art . 1 of the French Constitution from 1958 states that France is an indivis- ible, secular, democratic and social Republic . It ensures the equality of all citizens before the law, without distinction of origin, race or religion . It respects all beliefs . It is organized on a decentral- ized basis . Art . 3 of our Constitution states that the Republic of Poland is a unitary State, art . 5 says that the Republic of Poland safeguards the independence and integrity of its territory and ensures the freedoms and rights of persons and citizens, the security of the citizens, safeguards the national heritage and ensures the protection of the natural environment pursuant to the principles of sustainable development . The most significant provision in that respect is art . 15 paragraph 1, which states that the territorial system of the Republic of Poland ensures the decentralization of public power . The same provision provides that the basic territorial division of the State should be determined by statute, allowing for the social, economic and cultural ties which ensure for the territorial units the capacity to perform their public duties . Polish solutions concerning regionalism with respect to political system seem to be similar in its nature . 2 Detailed constitutional regulations concerning regionalism This problem is solved differently as far as detailed solutions are concerned . The best example here can be that of Italian solutions . Art . 114 of the Italian Constitution states that “Republic is composed of the Municipalities, the Provinces, the Metropolitan Cities, the Regions and the State . Municipalities, provinces, metropolitan cities and regions are autonomous entities having their own statutes, powers and functions in accordance with the principles laid down in the Constitution ”. Thus in all these Constitutions there are guarantees for the existence of regionalism . The Polish Constitution regulates in a detailed way only the position of municipalities (communes) . Art . 164 provides that the municipalities shall be the basic unit of local government . Sec . 2 of this article says that other units of regional and/or local government should be specified by statute . It is the only regulation concerning regions in Polish Constitution . Such a regulation being a result of the lack of consent as to the shape of the territorial division of the country among the parties consti- tuting the majority for adopting the Constitution has its consequences . First of all it means that the grounds for functioning of regions are not the provisions of the Constitution but those of a statute . The result is that decisions which can be taken concern not only the number of regions but also there is a theoretical possibility to entirely give up this level of territorial government autonomy in the future . Although there is the mentioned earlier provision about the decentraliza- tion of the State providing that „the territorial system of the Republic of Poland shall ensure the decentralization of public power” but the transfer of competences from the higher to the lower level should not violate the principles of decentralization . It is also obvious that the result of such a constitutional provision is the lack of any guarantees for the territorial character of functioning of regions in Poland . What is more while the problems of supervision over the self-government are regulated in the Constitution the possibility to change belonging of a given territory to a particular region does not require parliamentary control . Another consequence of these regulations in the Constitution is the fact that constitutional reg- ulations concerning communes apply entirely to Polish regions but do not take into consideration their specific nature . It means that their activity is based on the statutory solutions . The organiza- tion of the municipal system is regulated by the Constitution of 1997, various acts which set out the territorial organization and division of powers: the 1998 Act on the Three-Tier Division of the Country, 1 the 1998 Act on the Regions, 2 the 1998 Act on the governmental administration of the 1. See: Ustawa z dnia 24 lipca 1998 r. o wprowadzeniu zasadniczego trójstopniowego podziału terytorialnego państwa, DzU z 1998 r. nr 96 poz 603; and Obwieszczenie Prezesa Rady Ministrów z dnia 11 sierpnia 1998 r. o spro- stowaniu błędu, DzU z 1998 r. nr 104 poz. 656. 2. See: Ustawa z dnia 5 czerwca 1998 r. o samorządzie województwa, DzU z 1998 r. nr 91, poz. 576. Polish Regionalism — Present Challenges and Threats 9 Regions, 3 the 1998 Act on the Counties, 4 the 2003 Act on Local Government Revenue, and the 1990 Act on Counties 5 . The reform of 1990 introduced municipal self-government . In the countries of regional character constitutions anticipate definite influence of regions on exercising power . The Italian Constitution realizes it to the fullest extent . Art . 117 of this Consti- tution states that legislative powers are vested in the State and the Regions in compliance with the Constitution and with the constraints deriving from EU legislation and international obligations . The Constitution defines in detail the division of legislative competences among the regions reserv- ing for the State legislation on seventeen categories of issues . 6 The constitution also provides for numerous categories of concurring legislation . But the principle is that the Regions have legislative powers in all subject matters that are not expressly covered by State legislation . The Italian Constitution also provides for other competences for regions . In its art . 75 it states that a general referendum may be held to repeal, in whole or in part, a law or a measure having the force of law, when so requested by five hundred thousand voters or five Regional Councils . In addition, in art . 57 it can be read that the Senate of the Republic is elected on a regional basis, and that the President of the Republic is elected by Parliament in joint session and the delegates from every Region elected by the Regional Council . Polish solutions provide only in art 16 that the local government “shall participate in the exer- cise of public power . The substantial part of public duties which local government is empowered to discharge by statute shall be done in its own name and under its own responsibility” . The guarantees concerning the formation and internal organization of the regions constitute another difference . Interesting solutions are the ones binding in Spain .