RACJONALNOŚĆ I SKUTECZNOŚĆ PLANOWANIA NA PRZYKŁADZIE GMINNEGO PROGRAMU PROFILAKTYKI I ROZWIĄZYWANIA PROBLEMÓW ALKOHOLOWYCH

• Published in: Ruch Prawniczy, Ekonomiczny i Socjologiczny (1960) Ekonomiczny i Socjologiczny (1960), 2018-01, Vol.80 (3), p.61-74
• Main Authors: Hauser, Roman, Szustkiewicz, Marta
• Format: Article
• Language: eng ; pol
• Subjects: akty planowania; Alcoholism; Constitutional Law; program profilaktyki i rozwiązywania problemów alkoholowych; Rationality; samorząd gminny; stanowienie prawa; Substance abuse and addiction; uchwała rady gminy; zasada proporcjonalności
• ISSN: 0035-9629; 2543-9170
• DOI: 10.14746/rpeis.2018.80.3.6

In the system of legal sources, apart from typical acts of local law created in accordance with the provisions of the Constitution, there are also acts that do not fall within the constitutional standards of law, although they concern, among other things, important social and economic issues. Such documents (planning acts, programmes, or strategies), although enacted by resolutions, often fail to contain generally binding regulations. Although this does not prevent them from having a binding force, they should nevertheless be made in compliance with the generally recognised rules of lawmaking, including the principles of proportionality, rationality, communicativeness and brevity. The generally applicable provisions often impose on local self-governments an obligation to create acts regulating important social issues, such as for instance programmes preventing and solving alcohol-related problems and determining the way of dealing with alcohol addiction in local conditions. However, these programmes are often developed in violation of the rules of a rational law-making process, and are frequently detached from the local reality, which makes them ineffective. Therefor it may be worth considering another way of responding to the problem of alcoholism, not necessarily by means of resolutions adopted annually. The obligation to develop a prevention and resolution programme addressing alcohol-related problems could be replaced, for example, by certain specific organisational measures, an educational programme, or the implementation of other measures. The law is not always the right way to achieve the goals set, but the above recommendation will requires statutory changes first, anyway.