Przesłanki i następstwa podziału zadań samorządu terytorialnego na własne i zlecone

Abstract

The purpose of the article is to characterise the main reasons and consequences of the division of sub-central government tasks between its own tasks and commissioned tasks and the indication of some controversy related to this issue. The author analyses in particular certain types of local government tasks (concerning the most important spheres of local activity, such as welfare, education, or health) and its qualification to the category of „its own tasks”. The essential conclusion of the paper is that in many cases the qualification of specific public affairs to one or the other category of self-government tasks is determined not so much by its specific „nature”, but primarily by its fiscal consequences, including the ability to pass the obligation of its financing to local authorities. The research methodology used in the article is based on a critical analysis of the legal acts as well as literature on public finance and financial and administrative law.