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Formy współpracy administracji publicznej z organizacjami pozarządowymi — na przykładzie stowarzyszeń i fundacji

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Pleśniak M.

Prawo

2017

nr 323

87-97

The article describes relations and forms of cooperation between public administration bodies, both government and local government administration, and non-governmental organizations (NGOs) belonging to the so-called “Third sector”. Associations and foundations are the most popular forms of NGOs. The basis for their functioning are the Constitution of the Republic of Poland, which guarantees freedom of association and foundation, and relevant acts, i.e. Law of Foundations and Law of Associations. There is no single, closed definition of the terms: public administration and administrative body. In literature they are defined by an indication of their characteristic features. We distinguish two forms of cooperation between the third sector and public administration: financial and non-financial. Financial support forms include targeted donations to NGO’s public tasks, financial guarantees, loans and sureties given to perform public service tasks. The range of non-financial forms of cooperation includes among others consultations with non-governmental organizations on formulating legal acts related to their statutory activities, the establishment of joint advisory boards, the creation of units supporting the activities of third sector organizations, or the transfer of real estate to be used by non-governmental organizations.

Fundacja jako forma aktywizacji osób niepełnosprawnych i starszych

100%

Pleśniak M.

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne

2018

tom 26

125-136

The purpose of this article is to describe foundations, which are one of the most popular form of social activities next to associations. The author presents the foundation as a good way to the mobilization of disabled and elderly people. In the first part of the article the author presents a brief history of the development of foundations. The next section presents legal grounds of foundation in the Polish law. This ground is the Law of Foundation, dated 1984. Additionally, the article presents a comparison of the two forms of the social activities: foundations and associations. The most important differences are: Foundations — the main component of it are assets donated by the sponsor. Associations — people who create this form of social activity are the main component. Foundations — governing board holds the control over foundations; other organs are optional. Associations — authorities comprise of assembly of association members, governing board and an obligatory internal audit office. Foundation — directs its activities and represents it to the world; cannot direct its activities to the governing board. Associations — activities can be directed to the world but also to the members of the association. The article also presents a definition of economic activity and foundations’ possibilities to take such activities. The author describes his own experience at the foundation created by teachers and graduates from his former school for blind children. The article presents common challenges newly starting foundations have to face, the most important of which is the problem of vague evaluation criteria for applications in competitions organized by public authorities and problems with acquiring source of funds for their activity. In the last part of the article the author presented areas of activities performed by foundations working for disabled and elderly persons. The main scope is, of course, taking care of the elderly and disabled, but also facilitating the access to culture, art and the organization of tourist trips. The above mentioned activities are more and more needed and a lot of organizations are developing these areas.