Organizational and Legal Form of Local Development Tasks – Innovation or Break in the Model of Administration Activities?

Abstract

Legal and organizational structure of the local action group as an entity responsible for local development, within which we can observe a fusion of local government units and other persons and entities in a corporation operating on the basis of the EAFRD Act and provisions relating to local development with the participation of the local community. This innovatively shapes bonds between public administration bodies and non-public entities, because they are based on close bonds of partnership cooperation within the association with a special status. This ensures the diversification of views and prevents monopolization
of operations by one of the parties. Nevertheless, such legal and organizational structure, and especially its statutory property jurisdiction, breaks the established rules for the implementation of public tasks, as well as a breaches the forms adopted in the doctrine. This is undoubtedly related to the latest tendencies to move away from imperious unilateral forms of public administration, in favor of consensual forms characteristic of private law. This also has its source in the tendencies to use public management methods in public administration activities, and especially in the dynamic development of the planning function, which is significant to the activities of the EU structures. This is justified by certain ideological and economic views, which are reflected in the European Union law and affect the change of paradigms of public administration in Poland, which follows the role of the performer in favor of the role of a co-creator. It is particularly evident in the area of shaping development policy, including local development.