Zjawisko „spirali formalizmu” na przykładzie instytucji inicjatywy lokalnej

Abstract

The title “spiral of formalism” is understood as a situation in which legislative intervention, justified by the elimination of legal barriers, does not solve the essence of the problem, and causes additional formal barriers. The “spiral of formalism” can be analyzed in the wider issue of inflation (overproduction) of law. The purpose of this article is to identify sources and consequences of this phenomenon on the example of the institution of a local initiative introduced in 2010. This study first presents the results of historical legal research in which the reason for the 2010 legal intervention was sought. Then, on the basis of a theoretical and dogmatic legal analysis, the appropriateness of introducing a central regulation of the local initiative was considered. Finally, the results of empirical research on the basis of which the practice of functioning of the local initiative was diagnosed were presented. As a result of the conducted analyzes, an answer was given to the research question – Have formal barriers, in the scope of joint performance of public tasks with the direct participation of residents, been eliminated by introducing the central regulation of the institution of local initiative?

Keywords

• local government
• local initiative
• legal inflation
• formal barriers
• spiral of formalism