Międzynarodowa współpraca województw w prawie i praktyce

Abstract

The aim of the book was to provide arranging verification of the status of Polish voivodeships in international relations in the light of law, especially public international law, but also European Union and the Polish law (including local law of voivodeships). It was achieved through arrangement of the legal status, analysis of practice and determination of legal consequences (and its prospects). The preliminary thesis stating that, regardless of their status under national law, Polish voivodeships have started becoming a subject under international law (being currently at an initial phase of the process, which does not have to be fully implemented), seems to be confirmed, despite some controversies. The category has a specific, yet character. The analogous process takes place with regard to internationalization of nongovernmental organizations - NGOs, (also Polish ones), which today, in principle, is not questioned anymore, but a decade or two ago their subjectivity under international law rarely seemed to be acceptable. The current legal status of Polish voivodeships in international relations describes them as subjects under Polish law (national legal entities), which through their activities participate in specific modes and international procedures, and, thus, create their international status. Their international legal subjectivity is nascent. It is an element of a complex process accompanying international legal relations for many years, which consists of parallel development of its "soft" sphere. As a result, binding regulations are accompanied by an increasing number of non-binding documents, and subjects - by an increasing number of different "actors", "beneficiaries" and other indirect forms. It can lead to an alternative "quasi-regime", debilitating law. The process can be opposed through sustainable development of law-making, including identification and analysis of changes in practice of legal relations and then taking action correcting the practice or legal status (by its updating). It should be noted that voivodeships are a specific category of legal persons, other than companies (whose owners are not necessarily aware that the doctrine examines their international legal subjectivity) and NGOs. They have, however, its goals, objectives and specifics of subjects that determine the objective base of their potential legal subjectivity under international law. Regardless of theoretical digressions, voivodeships are part of a broader concept of European region. Their closest form is a region within a unitary state (as in France), but progress of regionalization cannot be excluded. However, with almost certainty the federal model can be ruled out, regardless of how strong Polish regions will become in international relations. In this sense (considered European regions) Polish voivodeships in EU law {relations with the European Commission, the Committee of the Regions and a number of other attributes) are subjected to functional empowerment. Polish voivodeships gradually expand its membership in international associations of local governments, which should be considered an important factor in their internationalization and actual diversification, in relation to the government, in implementation of current international actions. They take a number of forma! and informal legal actions within international relations, in particular, concluding agreements and implementing international projects. Potential liability of voivodeships, stemming from their international activity, provokes problems, as in the further perspective, neither replacing them by the state (Ministry of Foreign Affairs), nor avoiding responsibility is not conducive to international cooperation. The issue of liability should be clearly regulated, or at least hypothetically designed. Means to settle disputes that lead to determination of liability should be indicated ( even only by reference). These and other pro-quality treatments (personnel, financial, organizational, and virtual) create development of voivodeships' international cooperation in their vertical dimension. The horizontal development takes place constantly, but to improve and deepen the existing cooperation - it is hardly a serious approach to human resources and services management. It is about something more. The question: "what is international cooperation of voivodeships?" must be addressed directly. In my view, properly implemented international cooperation of voivodeships is the most evident field of empowerment of voivodeships that, in national level, are subjected to political appropriating and are often a continuation I duplication of the state. International cooperation of voivodeships implemented in parallel and in line with State's foreign policy strengthens the subjectivity of voivodeships as such. In this way, law, arranging, finding out about weaknesses and, eventually, analyzing practice, can bring a satisfactory result. The optimal solution would be not competing of voivodeships and the State, but complementing each other, to meet regional needs and achieve national objectives at the same time, i.e. application of the principle of subsidiarity in foreign relations of the State and voivodeships. The latter should develop their subjectivity in international relations, without disadvantage to the subjectivity of the Republic of Poland. Self-governmental voivodeship, as subject in international relations, would then be an effective European region in the developed European state.