Cooperation of independent administrative authorities
PDF (Język Polski)

Keywords

cooperation
administrative bodies
regulation
independence
coordination

How to Cite

Wierzbowski, M. (2014). Cooperation of independent administrative authorities. Ruch Prawniczy, Ekonomiczny I Socjologiczny, 76(2), 231–235. https://doi.org/10.14746/rpeis.2014.76.2.16

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Abstract

There is not much cooperation among administrative bodies in Poland. Following the pattern established by American independent regulatory agencies, Poland created a number of regulatory organs and equipped them with a large amount of independence in relation to other administrative bodies. They are no longer obliged to act according to instructions, there is also a special competition-like system of appointing and removal of head officers of such agencies.

From the activity of independent regulatory agencies it may be deduced that they act as fully independent entities. This assumption may by drawn from examples such as the reaction towards some actions taken by the Council of Ministers as in the case of the restrictions imposed on the activity of pension funds, introduced by the central government and criticised by some other administrative bodies, even those closely linked to the Council of Ministers (the Government Centre for Legislation). Independence of several regulatory organs is also required by the EU.

Frequently, decisions made by regulatory organs have a strong impact on the entire economy of the country. For example, the recommendation of the Commission of Financial Supervision concerning granting loans by banks for the purchase of new apartments – a project aimed at reducing the risk in the banking sector, turned out to have had a substantial impact on the entire construction sector of the national economy, and reduced the demand for new apartments altogether.

Independence of the regulator does not mean that the rest of public administration, and the Council of Ministers being a coordinator of the activities of the entire public administration in particular, should be disregarded. Especially, great impact actions should be coordinated. Different forms of bilateral cooperation should also be developed.

 

https://doi.org/10.14746/rpeis.2014.76.2.16
PDF (Język Polski)

References

Jaroszyński K., Wierzbowski M., Organy regulacyjne, [w:] System prawa administracyjnego, t. 6: Podmioty administracyjne, Warszawa 2011.

Swora M., Niezależne organy administracji, PWE, Warszawa 2012.