Short comparativist approaches regarding the genesis and evolution of the urbaniam in Poland and France

Author:PhDc, Sonia Andreea Stoica
Pages:265-272
SUMMARY

In this paper we try to make a shoot comparative study of the genesis and evolution of the urbanism in France and Poland. As it is known, both of them are member of the European Union, but Poland has passes through a dictatorial and centralized political and economic system that marked its evolution.

 
CONTENT
Short comparativist approaches regarding the genesis... 265
SHORT COMPARATIVIST APPROACHES REGARDING
THE GENESIS AND EVOLUTION OF THE URBANIAM
IN POLAND AND FRANCE
PhDc, Sonia Andreea STOICA1
ABSTRACT
In this paper we try to make a shoot comparative study of the genesis and evolution of the
urbanism in France and Poland. As it is known, both of them are member of the European Union,
but Poland has passes through a dictatorial and centralized political and economic system that
marked its evolution.
Keywords: urbanism, European bodies, codes, laws, Poland, France.
1. Introduction
After the emergence of the European Communities, the founding treaties of
Paris and Rome, with the consolidation and deepening of integration, for
European urbanism began a continuous activity to promote principles that define a
common urban strategy and policies at continental level2.
This period is marked by decisive events by creating structures that have
influenced the evolution of European urbanism.Thus, the Council of Europe, an
organization set up in 1949, was established by signing the Treaty of London, the
European Communities and the European Council of Urbanists, a successor to an
organization established in 1979 under ISOCARP3, the „Liaison Committee for
Urban Planners in the CEE” European Economic Community)4.
By resolutions 525 and 526/1968, the Parliamentary Assembly proposes to the
Committee of Ministers of the Council of Europe to engage in a new form of
European cooperation in the field of spatial planning and to establish for it a
permanent ministerial conference in charge of developing new policy orientations
1 e-mail: stoica.sonia @yahoo.com
2 Apud Gabriel Pascariu, “Urbanism românesc în context european. Patru decenii de cronologii
paralele”, Revista Urbanismul, nr. 7/2010-8/2011, p. 122, https://www.researchgate.net/publication/
300198546_ Urbanism_romanesc_in_context_european_Patru_decenii_de_cronologii_paralele, accesat
18.08.2017.
3 International Society of City and Regional Planners.
4 Apud Gabriel Pascariu, „Urbanism românesc în context european. Patru decenii de cronologii
paralele”, p.122.
Law Review vol. III, Special issue 2017, pp. 265-272
266 SONIA ANDREEA STOICA
for territorial development European continent and ensure the harmonization of
national policies in the area of spatial planning)5.
And to come to the fore, the European Urbanism Charter was adopted by the
General Assembly of the European Council of Urban Planners in Barcelona on
April 12, 2013 "Vision for the Cities and Regions of Europe in the 21st Century6”.
2. Urban planning and landscaping in European states
The essential characteristic of the EU Member States is that they are all
democratic states that share the same principles and a system of values based on
respect for the rule of law, human rights and legal requirements.
The characteristics of the population structure indicate the possible meaning of
the evolution of a locality, these being used in drawing up town planning plans of
localities. Analyzed at a certain time, one can predict the type of development of the
locality and its degree of attractiveness7. Oscar Lewis argues that urbanization is not a
singular, unitary and universal process but a process that manifests itself in various
forms and meanings given by historical, social, economic and cultural conditions8.
Urban planning and spatial planning are projects of general interest9, of public
utility character, and are fundamentally aimed at satisfying the public interest. The
vast majority of the world's population lives in urban areas, and there is also the
main economic activity of a country that essentially influences urbanism and
landscaping policies. Population density is a very important planning factor as it
affects land use, urban management, infrastructure and people transit.
The vast majority of the world's population lives in urban areas, and there is
also the main economic activity of a country that essentially influences urbanism
and landscaping policies. Population density is a very important planning factor as
it affects land use, urban management, infrastructure and people transit.
With regard to the research carried out, we studied France, a semi-presidential
republic and founding member of the EU, and Poland, a former totalitarian state,
which joined the EU in 2004 in the first wave of the former communist states10.
5 http://www.mdrap.ro/dezvoltare-teritoriala/amenajarea-teritoriului/amenajarea-teritoriului-
in-context-european, accesat 18.08. 2017. Reuniunile CEMAT pân astzi, se gsesc prezentate, in
extenso, pe site-ul www.coe.int
6 The Charter of European Urbanism, art.7, disponibil la www.rur.ro/download/1485, accesat
18.08. 2017.
7 Elena Maria Minea, Urbanism Оi amenajarea teritoriului, Suport de curs, Cluj Napoca, 2014, p. 36.
8 Lewis, O., 1973, Some perspectives on urbanization with special reference to Mexico City. In
A. Southall, editor, Urban Anthropology: Cross-Cultural Studies of Urbanization. New York, NY: Oxford
University Press, 125-138, p. 129.
9 J. Morand Devillier, Droit de l’urbanisme, Ed. Estem, Paris., p. 49, http://www.bibliotheque.
auf.org/doc_num.php?explnum_id=71, pdf. Accesat 16.08.2017.
10Datele prezentate în aceast seciune sunt de pe site-ul http://europa.eu/lisbon_treaty/
countries şi din Enciclopedia Uniunii Europene, Editura Meronia, Bucureşti, 2006.
Short comparativist approaches regarding the genesis... 267
3. The Republic of Poland - reference elements and the legal framework in
the field
In April 1994, Poland submitted its application for EU membership, and
negotiations began in 1998. In February 2003, 70% of the country's population
voted for membership.
Poland is the first of the countries in Eastern Central Europe that has acquired
regional autonomy in line with the European Union's policies, thus having an
advantage compared to the rest of the post-communist countries11.
The first years of transformation were characterized by the increase in regional
discrepancies, the market competition revealing strong regional centers and
exposing other very poor regions12. Poland has a population of 38.6 million and a
territory of 312.700 km2, being the largest country in Central and Eastern Europe
with three levels of government: central, regional and local13.
The Republic of Poland is a unitary state and a constitutional republic with a
mix of presidential and parliamentary models. The governance system is based on
the separation and balancing of legislative, executive and judicial powers. Based on
administrative reform in 1998, the country is divided into 16 provinces
(„województwa”), which are the main administrative units. Provinces are divided
into „poviats”. The basic unit of local self-government is common (the „gmina”)14.
The legislative authority is exercised by the Sejm, the Senate, and to a certain
extent by the Constitutional Court, the executive authority is represented by the
president, the prime minister and the Council of Ministers, and the judicial
authority by the general administrative and military courts.15
The legal framework must not be underestimated when it comes to modeling
cities and settlements. Architectural design and urban planning have an important
role that includes both the ability to interpret existing rules and the potential to
create new rules16.
The Republic of Poland must protect the independence and integrity of its
territory and ensure the freedoms and rights of individuals and citizens, the security
of citizens, protect national heritage and ensure the protection of the natural
environment in accordance with the principles of sustainable development17.
11 Ludek Sykora, Local and regional planning and policy in East Central European transittional
countries, in Martin Hampl et al: Geography of societal transformation in the Czech Republic, p. 169.
12 Regional_policy_and_planning_in_Europe.pdf , p. 184.
13 Regional_policy_and_planning_in_Europe.pdf , p. 185.
14 http://www.legislationline.org/countries/country/10, accesat 10.08.2017.
15 http://unpan1.un.org/intradoc/groups/public/documents/un/unpan023221.pdf, accesat
11.08.2017.
16 https://urbani.pl/prawo-i-przepisy/ accesat 31.07.2017.
17 Articolul 5 din Constituia Republicii Poloneze din 2 aprilie 1997, amendat prin Journal of
Laws 2001, No. 28, item 319, 26.03.2001, Journal of Laws 2006, No. 200, item 1471, 07.11.2006, Journal
of Laws 2009, No. 114, item 946, 21.10.2009.
268 SONIA ANDREEA STOICA
The main laws on urban planning and spatial planning in Poland are as follows:
The Construction Law of July 7, 1994 regulates the activity consisting in the
design, construction, maintenance and demolition of building objects and regulates
the rules of activity of the public administration authorities in these areas.18
The Building Law implements the provisions of the following European Union
directives:
1) Council Directive 92/57/EEC of 24 June 1992 on the implementation of
minimum safety and health requirements at temporary or mobile construction sites;
2) Directive 2010/31/EU of the European Parliament and of the Council of 19
May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13);
3) Directive 2009/28/EU of the European Parliament and of the Council of 23
April 2009 on the promotion of the use of energy from renewable sources and the
subsequent amendment and repeal of Directives 2001/77/EC and 2003/30/EC OJ
L 140, 5.6.2009, p. 16, as amended19.
The Territorial Planning and Development Act of 27 March 2003 ;
Taking into account Article 2, paragraph (4) of the Territorial Planning and
Development Act of 27 March 2003, the public interest must be interpreted in the
light of the objective view of the general public or local communities related to
spatial planning20.
The Territorial Planning and Development Act does not explicitly formulate
spatial planning objectives. Spatial planning covers in particular: spatial order
requirements, including those of urban science and architecture; architectural and
landscape qualities; environmental requirements, including water management
and the protection of soils and cultivated forests; requirements on the preservation
of cultural heritage and modern cultural achievements21.
The law provides for the principles of space policy, the field and procedures
relating to land and buildings – by adopting spatial plans and sustainable
development as the basis for these activities22.
In addition, there are numerous laws on urban planning and land-use planning,
laws that complement the legal framework in the field. These include: the
Environmental Protection Act of 27 April 2001, the Law on the Protection of
Historical Monuments of 23 July 2003, the Public Procurement Act of 29 January
2004, the Geodetic and Cartographic Law of 17 May 1989, the Energy Act of 10
April 1997, The Geological and Mining Act of June 9, 201123.
Last but not least, the Civil Code, which regulates the agreements between the
parties, and also regulates the issues of property ownership and servitude of
urbanism.
18 Articolul 1 din Legea Construciilor din 7 iulie 1994.
19 http://www.polishlaw.com.pl/newapp/index.php#ui=8890,1502617445, accesat 11.08.2017.
20 Art. 2, alin. (4) din Legea privind amenajarea teritoriului şi dezvoltare Act on Spatial Planning
and Management din 27 martie 2003.
21 http://commin.org/upload/Poland/PL_Planning_System_in_English.pdf, accesat 10.08.2017.
22 Articolul 1 din Legea privind amenajarea teritoriului şi dezvoltare din 27 marti 2003.
23 http://www.paih.gov.pl/polish_law/construction_process, pdf, accesat 05.08.2017.
Short comparativist approaches regarding the genesis... 269
4. The French Republic – reference elements and legal framework in the
matter
France, officially the French Republic, is located in the Northwest of Europe.
The surface of France is 551,500 km2, with a population of 58,370,000 and a density
of 106 places/km2. In the last decades, France has undergone profound changes,
rapid urbanization and suburbanization, transforming many former rural areas.
At the same time, many of the big cities have faced a growing need for renovation
and rehabilitation24.
France has a bicameral legislative parliament made up of members of the
National Assembly and the Senate. The president is elected by direct universal
suffrage as head of state. The Constitution gives the President the power to appoint
the Prime Minister and the Council of Ministers25.
The main local government units, defined by constitution as collectivités
territoriales („territorial collectivities”), are the overseas regions, departments,
communes and territories.
A small number of local governments, known as collectivités territoriales à
statue particulier („special-purpose territorial communities”), have slightly different
administrative frameworks26. Paris was often remodeled, and the most famous
period was the middle of the 19th century, under the command of Georges-Eugène,
Baron Haussman, who adopted Napoleon III's vision of a modern city without
crowded alleys and a regular plan27.
This is the most important and significant step in urban planning.
In 1970, the procedure for receiving building permits for private construction
was greatly simplified, and since 1982, mayors have been responsible for granting
building permits and urban planning policies28.
In France, the legal basis in the field is the Urbanism Code. Besides this, we find
numerous legislative acts or codes related to urban planning and spatial planning.
The ALURA Law on Access to Housing and Refurbished Urbanization on March
26, 2014 is an ordinary law that changes the legal status of urbanism documents: the
territorial coherence scheme, the local urban plan, the community charter etc.29
This is complemented and amended by several government ordinances. In this
respect the following were issued: Ordinance no. 2013-638 of July 18, 2013, regarding
the urbanism contentious, Ordinance no. 2013-1184 of December 19, 2013 on the
National Urban Portal, Ordinance no. 2013-888 of 3 October 2013 on the integrated
24 www.britannica.com, accesat 21.08.2017.
25 www.britannica.com, accesat 21.08.2017.
26 www.britannica.com, accesat 21.08.2017.
27 www.britannica.com, accesat 21.08.2017.
28 www.britannica.com, accesat 21.08.2017.
29 https://www.village-justice.com/articles/loi-ALUR-renovation-des-regles,16606.html, accesat
20.08.2017.
270 SONIA ANDREEA STOICA
housing procedure and Ordinance no. 2013-889 of 3 October 2013 on the
development of housing construction.
The Territorial Development Directives were established by the Territorial
Planning and Development Act of 4 February 1995 and by the Law on Urban
Solidarity and Renewal of 13 December 2000. These are included in the Urbanism
Code, in particular in Article L111-1-1 and Article L121.130.
At the same time, the Environmental Code has an essential role, since, besides
the main environmental regulations, it also refers to the preliminary consultation
procedures organized under the Urban Code31, and the Civil Code regulates the
property and urban planning regime.
5. Short Conclusions
In order to strike a balance between the public interest expressed by the urbanism
rules, the field in constant evolution, and the particular interest, the regulations in
the field have been adapted and liberalized. In France, the legal basis in the field is
the Urbanism Code. Besides this, we find numerous legislative acts or codes related
to urban planning and spatial planning.
The major challenge faced by Europe requires closer cooperation between states,
regions, cities, including small and medium-sized ones, and the establishment of
sectoral policies at all levels, and territorial planning is the most effective means of
facilitating such cooperation, generate smart, inclusive and sustainable growth and
territorial cohesion in Europe, especially in metropolitan areas32.
In this respect, the document „The Perspective of Spatial Development of
Europe”, which makes recommendations for the European Union (EU) space
policies and the Member States33.
Thus, European space policy is simultaneously a project, a process and a socio-
cultural product34.
With regard to space information infrastructure, the provisions of the INSPIRE
Directive will allow the sharing of spatial information among public sector
organizations and facilitate access to spatial information in Europe35.
Environmental protection requirements must be integrated into the definition
of Community policies and actions, in particular with regard to sustainable
development. In Article 3, the TEU states that the Union promotes territorial
cohesion for the benefit of its peoples.
30 http://www.cohesion-territoires.gouv.fr/Directive-territoriale-d, accesat 22.08.2017.
31 Articolul L-120-1 din Codul mediului, actualizat în august 2017.
32 Apud Robert Bischin Elemente de dreptul urbanismului in Romania si Uniunea E uropeana.Legislatie,
doctrina si jurisprudenta, pp.199-200.
33 http://www.mdrl.ro/_documente/dezvoltare_teritoriala/amenajarea_teritoriului/SDSC.pdf,
accesat 18.08. 2017.
34Vanolo, Alberto, European Spatial Planning Beetween Competitiveness and Territorial
Cohesion: Shadows of Neo-liberalism, in European Planning Studies (2010), vol. 18, nr. 8, p. 2.
35 https://inspire.ec.europa.eu/about-inspire/563, accesat 24.08.2017.
Short comparativist approaches regarding the genesis... 271
Regarding the legal framework in Poland, we encounter a series of laws
related to urban planning and spatial planning but, however, only two of them
have specific attributions in the field, the most important being the Construction
Law of 7 July 1994. In France, the situation is different, as there is a Urbanism Code
that also includes the relevant laws.
In both countries, urban planning and spatial planning and planning plans are
numerous and sufficient to implement spatial planning decisions and land-use
planning guidelines. In both Poland and France, construction works can only be
started after obtaining a building permit or building permit, and if a construction
has to be demolished, the competent authority will issue a demolition permit.
In France, unlike Poland, the non-contentious administrative procedure has
several aspects and is clearer, and an important role in this process has the State
Council. Correlatively, sanctions in the matter are better defined in France, as is
clear from the analysis.
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272 SONIA ANDREEA STOICA
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