Abstract

The idea of good governance is associated with the postulate of participatory and interactive democracy. This results in the appearance in the legal system of solutions reflecting the recommendations of the so-called "good administration." Good administration is the subjective right which, in the relationship between the body and the citizen, defines the individual's rights and the duties of the administration to act in a particular way. It may be interpreted differently, but it must comply with universal standards. They have been defined in international, European and soft law. These include the rule of law, equality, administrative transparency, confidence and trust, as well as the opportunity to participate in decisions. The last of these relates to procedures for involving citizens in administrative decision-making.
 The purpose of the article is to present normative solutions in Polish law that guarantee citizens participation in decision-making processes at various levels of administration and their systematics. To achieve this goal, the method of legal text analysis was used, which allows us to indicate the existence of many different mechanisms of participation. Their presence in Polish law determines the varying levels of civic influence on public decisions.

Highlights

  • Participatory democracyhas its origins in ancient times

  • This became the benchmark for direct participation, a modern version of which we can observe in Switzerland

  • Starting with theoretical assumptions to increase citizen participation in public life, the idea of good administration has become a subjective right guaranteed by European Union law (Act No 2012 / C 326/02, Call.)

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Summary

Introduction

The model of democracy of ancient Athens assumed the direct participation of individuals in the power realized in their folk assemblies - known as ekklesia (Hansen, 1999, p.144-145). This became the benchmark for direct participation, a modern version of which we can observe in Switzerland. Starting with theoretical assumptions to increase citizen participation in public life, the idea of good administration has become a subjective right guaranteed by European Union law (Act No 2012 / C 326/02, Call.) They only bind EU institutions, which does not mean that we do not find solutions in the national legal systems that are equivalent to this right, because every democracy implies by its nature some participation of citizens in power. The question arises whether there are solutions in the Polish law system that relate to the participatory way of making public decisions in the spirit of the concept of good governance, what their nature is and whether they can be classified

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