Local-government administration in exceptional states

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LOCAL-GOVERNMENT ADMINISTRATION IN EXCEPTIONAL STATES – in exceptional states (state of natural disaster, state of emergency and state of war) the local-government administration becomes subordinated to government administration (→ government administration in exceptional states). The extent of the subordination depends on the degree of the exceptional threat that is a basis of the declaration of the exceptional states. The least subordination is applied in the state of national disaster, and the most in the states of emergency and war. The common and most important characteristic of all exceptional states is the possibility to centralise the functioning of public administration, which on the one hand shows the character of exceptional states and the necessity to implement radical changes to the hitherto rules of actions of public authorities. On the other hand, however, it seems to reflect the fact that the local government is treated as a participant of exceptional states that is equally supportive and provoking mistrust by the level of organisational skills and political engagement necessary especially in a state of emergency. In a state of natural disaster, a discretionary suspension of authorization of village mayors/mayors/presidents of the cities and starosts to lead the actions aimed at preventing the consequences of natural disaster or their removal has been anticipated. What is more, the relations within the local-government administration have been hierarchized, allowing the subordination of village mayors/mayors/presidents of cities (that are not cities with county rights) to a starost, in cases when the state of national disaster was announced in more than one municipality. In a state of emergency and in a state of war it has been enabled to suspend the bodies of municipality, county and voivodship self-government until the states are called off or for a specific period of time [ M. Brzeziński ].

Literature: M. Brzeziński, Zasady działania organów władzy publicznej w stanie klęski żywiołowej [Principles of operation of public authorities in the state of natural disaster], [in:] Trzy wymiary współczesnego bezpieczeństwa [Three dimensions of modern security], ed. S. Sulowski, M. Brzeziński, Warszawa 2014 ■ M. Brzeziński, Stany nadzwyczajne w polskich konstytucjach [Extraordinary states in the Polish constitutions], Warszawa 2007.