Local Government Reform in Poland: an Insider's Story

Local Government and Public Service Reform Initiative LOCAL GOVERNMENT REFORM IN POLAND: AN INSIDER'S STORY by JERZY REGULSKI OPEN SOCIETY INSTITUTE LOCAL GOVERNMENT AND PUBLIC SERVICE REFORM INI TIA TIVE Address Nádor utca 11 H-1051 Budapest, Hungary Mailing Address P.O. Box 519 H-1357 Budapest, Hungary Telephone (36-1) 327-3104 Fax (36-1) 327-3105 E-mail lgprog@osi.hu Web Site http://lgi.osi.hu/ First published in 2003 by Local Government and Public Service Reform Initiative, Open Society Institute–Budapest © OSI/LGI, 2003 All rights reserved. TM and Copyright © 2003 Open Society Institute OPEN SOCIETY INSTITUTE ISSN: 1586 4499 ISBN: 963 9419 68 0 All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Copies of the book can be ordered by e-mail or post from OSI. Cover photo courtesy of the Foundation in Support of Local Democracy, Poland Copyeditor: Brad Fox Printed in Budapest, Hungary, August 2003. Design & Layout by Createch Ltd. Contents About the Author ..................................................................................................................7 Introduction .........................................................................................................................9 Part I Historical Overview..........................................................................................17 Chapter 1: In Communist Poland (1945–1988)..................................................19 Chapter 2: Th e Breakthrough (Mid-1988–August 1989) ....................................27 Chapter 3: Toward the First Free Elections (September 1989–May 1990) ...........37 Chapter 4: First Steps, First Problems (June 1990–June 1992) ............................51 Chapter 5: One Step Forward, Another Step Back (July 1992–May 1994)..........63 Chapter 6: Stagnation Again (June 1994–October 1997)....................................73 Chapter 7: Th e Second Stage (November 1997–2000)........................................85 Part II Issues, Solutions and Eff ects .............................................................................101 Chapter 8: Powers and Responsibilities .............................................................103 Chapter 9: Municipal Property..........................................................................121 Chapter 10: Public Service Delivery ..................................................................129 Chapter 11: Local Finance ................................................................................147 Chapter 12: Staff , Councilors and Mayors.........................................................165 Chapter 13: Municipal Associations and Supporting Institutions ......................179 Chapter 14: Gminas and Local Communities....................................................189 Part III Some Conclusions ............................................................................................203 Chapter 15: Decentralization: What Happened in Poland? ...............................205 Chapter 16: Reforms and Th eir Mechanisms.....................................................217 Appendices ........................................................................................................................229 Calendar of Important Events ...........................................................................231 Glossary of Polish Terms ...................................................................................237 General Information on Poland.........................................................................241 Bodies Responsible for Local Government and Its Reform within the Central Administration ....................................245 Bibliography......................................................................................................251 Selected Legislation ...................................................................................251 Unpublished Materials Produced under the Project: Building Local Government in Poland, 1989–97................................255 Other References.......................................................................................257 Index..................................................................................................................................261 5 About the Author Jerzy Regulski is professor of urban economics and urban planning and a recognized authority on decentralization and local government reforms in countries of transformation. He is an author and co-author of 28 books and of over 170 articles and chapters. Recipient of Doctor Honoris Causa Roskilde University Centre, Denmark (1993) and the University of Łódź, Poland (1996). Initiator of work on re-establishment of local government in Poland (1981) and leading researcher of long-term studies on decentralization (1981–1989). Member of Lech Wałęsa’s Citizen Committee and Chief “Solidarity” Negotiator on local government reform during the “Round Table” negotiations with the communist government (1989); Senator of the Republic of Poland and Minister in charge of the Local Government Reform (1989–1991); Ambassador to the Council of Europe (1992–1997); Chairman of the Advisory Council for the Reforms of the State at the Prime Minister (1998–1999); Chairman of the Advisory Council for European Integration of Local and Regional Governments (2000–2001); Co-founder and the President of the Foundation in Support of Local Democracy, Warsaw, Poland (1989–present). Awarded the Great Cross of the Order of Poland’s Restitution (1999), Special Award of Polish Associations of Local and Regional Governments for implementation of the state’s reform (2000), Grzegorz Palka Award for contributions to local democracy building and Honorary Medal of the National Assembly of Polish Local Governments (1994). Holder of honorary fellowships and academic awards of Leicester Polytechnic, UK; Th e Johns Hopkins University, Baltimore, USA; Joint Centre for Urban, Regional and Local Government Studies, University of Birmingham, UK; and Department of Town Planning, Oxford Polytechnic, UK. Member of the Steering Committee of the Local Government and Public Service Reform Initiative, Open Society Institute, Budapest (1997–2000). 7 Local Government in Poland Jerzy Regulski INTRODUCTION Th e year 1990 marked the beginning of systemic transformations in Poland. Th e restoration of democratic local and regional authorities had a prominent role in that process. Local gmina administrations are now in their fourth term of offi ce; middle-tier powiats and voivodships have existed for fi ve years. Much knowledge and experience has been gathered through these years. But until now no history of the reestablishment of local government in Poland, or a critical analysis of the preparation and implementation of reforms, as well as their eff ects, has been published. Neither have these reforms been given proper attention in the numerous publications on government in the West. Th is is in a sense understandable as the problems of transition in post-communist countries are diffi cult to evaluate without practical knowledge of the context in which they began. Th e lack of this historical knowledge is even more regrettable when we consider the fact that Poland was among the fi rst countries freed from communism, where restoration of local government was attempted on a broad scale. But the new network of local authorities is a result of not only of consecutive governments; it was also created by a historical process determined by various, often contradictory, conscious actions and objective factors. Decisions made even before the fi rst local elections were of primary importance to the process as well. Th ose decisions were limited by the legislation, institutions and public mentality inherited from the communist system. Th e further progress of reforms was a consequence of the dynamic between legislative initiatives and the resistance that hampered them. Government reform is not a technical, but thoroughly political process. Legislative and institutional changes must not be isolated from the needs and attitudes of the public, nor from the play of various political forces and interest groups. Th is is clearly evidenced by the experience of the entire transition period in Poland. We need to learn from experience. Th e transformation of the Polish state is not yet complete, although it has advanced considerably. Th e Polish experience may still be useful to other post- communist countries where the process is less advanced. Th at is why I decided to make my book, written for Poles,1 available to the foreign reader as well. It seems everyone has a duty to share experiences; not to instruct, but to aid others in avoiding the same mistakes. Th e Polish local government reforms are a great success, and I am proud to have had an opportunity to contribute to the process. But the purpose of this book is neither to give publicity to these reforms, nor to describe their achievements. My intention has been to present the real issues associated with reforming a state. I have attempted to analyze the mechanisms that implement transformation, show the barriers to changes and evaluate our achievements and failures. Any 9 LOCAL GOVERNMENT REFORM IN POLAND: AN INSIDER'S STORY reform challenges many groups

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