Civil Society in Poland after 1989: A Legacy of Socialism?

ABSTRACT:

This paper direct the eyes at various civic organizations in Poland during the period of transition from communism. It presents an analysis of representative clusters of Civil Society Organizations (CSOs) proving that they bear features of the socialist past. The paper demonstrates that the popularity of the re-legalized Solidarnosc has been steadily declining since 1989 In fact, no former dissident motion plays an important role in contemporary Poland. Moreover, the revitalization of organizations dissolved during the communist period cannot be read as a succes story. Administrative dissolution and repression revolveed out to be effective tools in dismantling CSO The renewal of Catholic organizations has also largely failed. However, organizations established during the communist period still play a leading character in civil society. The communist era, in short, was decisive in shaping contemporary CSO Associational life after 1989 displays considerable inertia and while it is difficult to determine whether it actually retards the proces of systemic change, it infallibly is not the sphere of social life that can publicly accelerate it.

In 2003, there were about 24000 foundations and associations operating in Poland.1 This is probably not surprising given that Poland was always believed to posses significant latent configurations of civil society.2 However, despite the standing of this control post-communist civil society has attracted little interest of the scholarly community.3 The at hand situation differs significantly from the 1980 when the phantom of civil society4 haunted not alone communist regimes but also influenced theoretical debates.5 Contrary to what single might expect, when Polish civil society "resurrected" in 1989 its attractiveness for academic circles was significantly weaker than at the beginning of the 1980 Moreover, the popular view that there were stout civil society structures in communist countries-which purportedly came without of hiding in 1989 to lead an render free of access existence'-was challenged more and more. While at liberty market and democracy made significant advances in Poland, the debate upon post-communist transition turned less optimistic.6

Mindful of the famous reactionary phrase plus ?§a change, plus c'est la m??me chose7 we tender to examine what really changed in Polish civil society. Is there anything behind this impressive fa?§ade of 24000 foundations and associations that could have contributed to the negative opinions of transitologists? What is its historical legacy and by what mode is it influencing the proces of transition? This paper will argue that change is in fact more superficial than it appears and that this may account for on what account Polish civil society has not attracted a significant scholarly following. Perhaps, a civil society that is still heavily influenced by means of a socialist legacy cannot be the make submissive of interesting theoretical reflections. Nevertheless, it is instructive to diocese how Polish civil society assumed its at hand shape because the inertia of organizational patterns is certainly not limited to this particular case.

CIVIL SOCIETY ORGANIZATIONS AND THE POLISH LEGAL SYSTEM

In 1946 during the first period of reconstruction, the communists passed a novel law on associations, which was more liberal than its pre-war version.8 smooth Catholic organizations were allowed to operate freely because any assistanceincluding aid from anticommunist or clerical sources-was welcome.9 However, that situation changed quickly and, between 1949 and 1952 all foundations and associations were dissolved or forced to bury with official organizations.10

The extremity of the communist regime accrueed in profound changes to the laws regulating associational activities. Firstly, a of recent origin Law on Associations was adopted." It defined an association as a voluntary, self-governing, permanent collection which does not aim at making currency Associations are legal entities and are public, meaning that anyone can have access to the official register of associations. Organizations that existed in the communist period were obliged to change their charters in compliance with the of recent origin law.

The first version of the Bill upon Foundations was passed in 1984; in 1991 it was significantly changed.12 According to this law, foundations can be established for the end of pursuing socially or economically useful goals (eg to cover health, to develop the economy, science, education, agriculture and art, and social services; to cover the environment and historical monuments) They are allowed to manage business dangers as long as profits are used to attain the foundation's goals.

Catholic organizations can operate according to the Law upon the relationship between the State and the Catholic house of god in the Republic of Poland (passed upon May 17, 1989 and later replaced by means of the Concordat of July 4 1996) There are also other organizations with a strictly specified conformation established by separate legal acts.13

In 2003 a novel Law on Public-Benefit Activities and upon Voluntary Work was introduced.14 In order to facilitate co-operation between civil society organizations (CSOs) and the public administration, sensitive financial questions were clarified. CSO were given the right to acquire "public-benefit" status, which gave them the possibility to strive for governmental funding. The of recent origin law is also an attempt to introduce the terminus "voluntary work" into the Polish law system