Plebiscite model of participatory budgeting and public values in Poland

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2022-06-30 DOI:10.4467/22996834flr.22.014.16321

Urszula K. Zawadzka-Pąk

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Abstract

The purpose of this article is to conduct an axiological and legal analysis of the most popular model of participatory budgeting in Poland (the plebiscite model), being a special form of public consultation that allows the residents to decide each year on a part of the commune’s budget expenditure by direct voting. According to the paper’s hypothesis, both the PB legal rules as well as the practice of its application in Poland are not axiologically neutral, which means that they have a positive or negative impact on certain public values, appropriately strengthening or violating them. In the research, the combination of three coherent methods was used: (i) a literature analysis, (ii) the dogmatic and legal method, and (iii) interviews conducted with three groups of PB participants, i.e. municipal officials responsible for the organization of PB procedure, municipal councillors, and residents. The research covers six Polish cities and bases on a catalogue of nodal public values including: human dignity, sustainability, citizen involvement, openness, secrecy, compromise, integrity, and robustness. The research leads to the conclusion that the plebiscite BP in Poland is not axiologically neutral, its rules have both a positive and negative impact on particular nodal public values, however the scale of negative impact is greater than the scale of the positive one.

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参与式预算的公民投票模式与波兰的公共价值

本文的目的是对波兰最流行的参与式预算模式(公民投票模式)进行价值论和法律分析，公民投票模式是一种特殊的公众协商形式，允许居民通过直接投票决定每年公社预算支出的一部分。根据本文的假设，无论是PB法律规则还是其在波兰的应用实践，都不是价值论中立的，即它们对某些公共价值观有积极或消极的影响，适当地加强或违反了这些公共价值观。在研究中，采用了三种连贯的方法相结合:(i)文献分析，(ii)教条和法律方法，以及(iii)对三组PB参与者进行访谈，即负责组织PB程序的市政官员，市议员和居民。这项研究涵盖了六个波兰城市，并基于一系列节点公共价值观，包括:人类尊严、可持续性、公民参与、开放、保密、妥协、诚信和稳健。研究发现，波兰的BP公投并非价值论中立，其规则对特定节点的公共价值既有正面影响，也有负面影响，但负面影响的规模大于正面影响的规模。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Company and Financial Law Review LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.