Encyklopedia Administracji Publicznej MW Pivot Skin

SUPERVISION – the legal and systemic category, according to Jacek Jagielski covering all the elements making up the control and giving the possibility of authoritative interference in the activities of a given entity in order to modify this activity in the direction determined by the supervisor, within the scope of his/her competences. S. is a concept broader than → control . According to Jerzy Starościak s. always includes control, but the execution of control does not have to be connected with the ability to use supervisory measures. According to Hubert Izdebski, supervision is the authority based on a statutory authorization of the supervisory body to authoritatively enter into the independent activity of the supervised body, but only on the basis of the Act: in the cases indicated therein and from the point of view of the criteria and by means described therein. According to Jagielski, s. is the right envisaged within the framework of a specific organisational arrangement by a given entity (supervising) not only to check and evaluate another entity (supervised), but also to apply binding interference in its activity (state) in order to correct it in the desired direction, consistent with the adopted benchmarks. Traditionally, two types of criteria of s. are distinguished: 1. broadly understood purposefulness, i.e. compliance with standards of sound performance in a given field as well as economy and reliability; 2. legality, i.e. compliance of the supervised activity with the law. S. has a protective function and a supporting function. The measures of s. can be divided into three groups. Firstly, these are measures of s. regarding the bodies (e.g., establishment of a receivership, dismissal of a single-person body, or dissolution of a collective body), secondly, measures of s. regarding legal acts (e.g., repeal, suspension of implementations, or approval) and – thirdly – measures of s. concerning persons (dismissal, application for dismissal, suspension of activities, appointment from among presented candidates, approval of selection). Measures of s. may be of a corrective nature, e.g., an opinion, approval, agreement, suspension of the implementation of the decision, replacement order, annulment [ J. Itrich-Drabarek ].