Współczesne ujęcie państwowej teorii samorządu terytorialnego w Polsce
Contemporary Understanding of the Public Theory on Territorial Self-Government in Poland

Summary/Abstract: The article is entitled “Contemporary understanding of the public theory on territorial selfgovernment in Poland”. The law distinguishes the following theories on territorial self-government: naturalist, political, sociological, naturalistic-public, universalist and public. At present, in legal science and in the Polish law, the public theory prevails, supported with the theses of universalist theory related to the heritage of the European Charter of Local Self-Government and the European Charter of Local Self-Government. The fundamental research problem of the text is the presentation of legal issues of the public theory on territorial self-government, which are decisive to its current shape. These issues include: 1) “artificial” nature of large self-government communities (poviat (district) and voivodeship/regional self-government); 2) use of IT systems for building relations between members of “artificial” communities; 3) region as a mandatory level of territorial self-government of a European Union Member State, ensuring that the state can absorb community funds; 4) need to secure voting rights for the executives of a local unit of territorial self-government to European Union citizens, via EU Member State; 5) due to decentralisation of execution of goals, tasks and the law of the European Union by Member States – the need for the Polish territorial selfgovernment units to apply not only national, but also community legal order; 6) appropriate shaping of the relations between the state and the region, ensuring the cultivation of the Polish identity, as well as development and shaping of national, citizen and cultural awareness of the people, and nurturing and development of local identity.

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