Professional Documents
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From Solidarity To Subsidiarity: The Nonprofit Sector in Poland
From Solidarity To Subsidiarity: The Nonprofit Sector in Poland
1. Preliminary Remarks
1 During the time of up-to-dating the analysis and making closing remarks, the Law has been
passed by Sejm and was waiting for the statement of the Senate and President.
The Nonprofit Sector in Poland 559
2 Most of the information presented in this section of the profile is based on Leś (2001).
560 Andrzey Juros et al.
channeled through the Catholic Church, one of the country’s few remaining
institutions of public trust. The various gifts arriving from church authorities
and Caritas branches of various countries as well as from secular institutions,
humanitarian organizations (such as the International Red Cross) and private
donors were distributed by the Charity Commission of the Polish Episcopate
and by the Diocese Charity Units. Thousands of households benefited from
much-needed gifts of food and clothes. The medical aid alone received by the
Charity Commission of the Polish Episcopate between 1984 and 1986 is
estimated at more than $100 million (Firlit, 1991).
Come 1983, the Polish Social Aid Committee, whose gifts were handed
out to some 200,000 recipients in previous years, was extending in-kind
assistance to approximately 1.2 million Poles. This feat was made possible
thanks to the veritable deluge of clothes and food packages from abroad,
particularly from the organization Care, based in the United States
(Leś/Piekara, 1988).
Various informal self-help initiatives were also on the upswing,
reinvigorating the self-organization of Polish society and contributing to a
rebuilding of the philanthropic ethos during the waning years of the People’s
Republic of Poland.
The end of the 1980s was marked by the beginnings of far-reaching
reforms and of the dynamic growth of civil society institutions brought on by
those reforms. The year 1989 marks an undisputed breakthrough in the
development of Poland’s nonprofit sector. The political and social
transformation launched at this time should not be regarded as an importation
of civil society ideology from Western Europe or from the United States, but
rather as a release of Poland’s own social and cultural potential, which was
finally presented with conditions providing for a relatively permanent
institutionalization of its activity.
After the 1989 signing of the Round Table Agreements that cleared the way
for the country’s gradual democratization, there followed a formidable
upsurge of civic activity. One of the results of the talks between the
democratic opposition and the communist authorities was the 1989
promulgation of a legislative act regarding associations. The Associations
Law did away with the limitations on freedom of association that had been in
place until that time. The “Solidarity-social” party’s activities subsequent to
the Round Table negotiations were carried on in the form of formal civic
committees. During the initial stages, the operation of these civic committees
evoked the mass social stirring of the “First Solidarity” (1980-1981). Yet the
The Nonprofit Sector in Poland 565
3 The term Third Polish Republic employed to designate Poland after the year 1989 indicates
the continuity of Polish statehood with the inter-war period (the Second Polish Republic,
1918-1939) as well as emphasising the political break with the Polish People’s Republic of
communist times.
The Nonprofit Sector in Poland 567
72%
any nonprofit organizations
60%
59% labor unions
political parties
53%
other organizations
27%
22% 24%
21% 22%
17%
20% 16%
14%
18% 13% 9%
6% 7%
15%
13%
8% 2% 1% 1%
1980
1981
1984
1988
1990
1995
2000
Source: Series of surveys “Sprawy Polaków” carried out by Adamski, W. et al. (2001), In:
Pełczyńska-Nałęcz, K.: Od Solidarności do wolności. Dynamika aktywności politycznej w
okresie zmiany systemowej, typescript. Warsaw: Institute if Philosophy and Sociology,
Polish Academy of Sciences (IFiS-PAN).
4 After the martial law period, a marked decline of social engagement in state-controlled
organizations ensued (as the reader will recall, all others had been banned), a phenomenon
reflected in the falling enrollment in these institutions after the 1980s. The reduced
membership in trade unions during the 1990s, meanwhile, was associated with the
568 Andrzey Juros et al.
Up to 50 56.0%
51 to 150 28.3%
151 to 500 10.1%
Up to 1500 2.5%
Over 1500 3.1%
Total 100.0%
7 Most of the data from the KLON/JAWOR Association 2002 research presented in this
profile have not been published yet. See Dąbrowska/Gumkowska/Wygnański (2002);
Dąbrowska/Gumkowska (2002).
570 Andrzey Juros et al.
Table 2. Organizations Operating Under Different Legal Forms (as per the
REGON statistical system)
Legal Form Estimated Number of
percentage registered
pursuing active organizations, 2000
operations8
Total 93,068
8 Estimates based on research carried out by the Central Statistical Office of Poland (1997).
The percentages given in this column indicate the proportion of organizations responding to
the questionnaire out of all entities registered in the given group as of 1997. Clearly, then,
these figures ought to be regarded in terms of “not less than,” since, surely, there are some
perfectly active organizations that did not reply to the questionnaire.
The Nonprofit Sector in Poland 571
It should be borne in mind that the last column of Table 2 sets out the
number of registered organizations; the number of active organizations in
any given category is invariably lower, being between one-third and two-
thirds less than the number of registered entities (depending on the definition
of “active” opted for, the type of entity, and the source of the information).
The patterns of change in the number of nonprofits of various types have
been set out in Graph 2.
300%
250%
238%
226%
200%
150% 165%
50%
0%
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999
Science, among others, shed new light on the dimensions of the Polish
nonprofit sector and its various parts. In many cases, these measures can be
seen in comparison with the nonprofit sectors of other countries.
0 54.9%
1 to 5 32.2%
6 to 15 8.7%
16 to 50 3.6%
51 to 150 0.4%
Up to 500 0.19%
Over 500 0.01%
Total 100.00%
NONPROFIT SECTOR No. of entities in Work- Other Total paid Volunteer Operating
(in percents of its % of the sector contract employ- employ- work in % expendi-
potentials) => employ- ment in % ment in % of the tures in %
ment in % of the of the sector’s of the
of the sector’s sector’s potential sector’s
sector’s potential potential potential
potential
Associations (incl. 50.5% 47.8% 69.9% 54.3% 56.8% 54.5%
Physical Culture Ass.
and voluntary fire
brigades)
11 NGOs are aggeregated in table 4 according to the draft of the Law on Public Benefit
Activity and Volunteering, which defines NGOs as associations, foundations and
organizations of church-affiliated legal status performing public benefit activity.
The Nonprofit Sector in Poland 575
Volunteers
1-15 52.8%
16-50 31.2%
51-150 12.0%
151-500 2.2%
Over 500 1.8%
Total 100.0%
7,2%
Culture & Arts
6,8%
24,3%
Sport & Recreation
28,1%
23,6%
Education & Reserach
23,7%
7,2%
Health Care
7,5%
Social Services
17,2%
10,5%
1,8%
Environment
2,1%
1,1% Nonprofit Sector with Church based
Local Development
1,3% Nonprofits
0,9%
Civic, Advocacy Nonprofit Sector without Church based
1,0%
Nonprofits
0,4%
Philanthropy
0,4%
0,7%
International Activities
0,8%
0,4%
Religion
0,4%
11,5%
Professional, Unions
13,3%
3,7%
Not elsewhere classified
4,1%
helping other individuals. In the year 2002 29% of Poles were involved in
this kind of activity (support provided to individuals other than members of
family and friends).14 All in all, the information available on this subject
offers little ground for optimism. The institutional form of involvement is
even more rare. Only 11% of adult Poles were involved as volunteers within
institutions and organizations. While the dearth of up-to-date, dependable
statistics from other countries makes any exercise in comparison difficult, the
Polish figure is certainly a rather modest one in relation to, for example, the
United States (49%), Ireland (33%), or Slovakia (19%). The low level of
“institutional” voluntary involvement might be partially explained by a lack
of well-organized volunteer recruitment campaigns. In fact, 66% of those
who did not volunteer felt that they were not asked to become volunteers.
In recent time however, some hopeful developments were observed in
the area of volunteer work. The network of volunteer centers experienced
brisk growth. Another positive tendency has been demonstrated in the
growing recognition of volunteer work and its importance on the part of
public officials, as expressed by the proposals for legislative regulation in
this area. This last trend is related to the deteriorating situation in Poland’s
job market. As proven by experiences in other countries, volunteer work,
while incapable of substituting for sound economic growth as the basic force
for labor market improvement, does have the potential of serving as an
important instrument in softening the hardship brought by unemployment.
Another interesting initiative to establish an Open University for volunteers
has been fielded by J. Owsiak’s Great Orchestra of Holiday Aid, an
organization whose own seasonal charity drives have been known to
mobilize as many as 90,000 young volunteers across the country.
NGO Activity
14 Results derived from a joint study carried out by the KLON/JAWOR Association, the
Volunteer Centre Association, and SMG/KRC in October of 2002. The survey reached a
randomly selected, representative group of 1000 adult Poles; it centered on their willingness
to proffer selfless assistance, material (donations of cash, supplies, etc.) as well as personal
(time devoted to community service).
578 Andrzey Juros et al.
Financial Resources
15 A more detailed look inside the “culture, sport and recreation” category reveals that the
subfield of “sport and recreation” alone has even higher support (37.3%) while the “culture
and arts” subgroup receives less support (27.1%).
580 Andrzey Juros et al.
regards the financial resources at their disposal (for the annual revenues of
NGOs in Poland, please see Table 7 below). Within the NGO subgroup,
more than 40% of organizations have annual budgets of less than 10,000
PLN (approx. 2,500 US$). This could be one of the reasons why 9 out of 10
organizations name the lack of funds as a significant problem inhibiting their
activities.
16 It should be emphasized, however, that the indices in Graph 4 have been calculated on the
basis of statements proffered by the respondents concerning the perceived importance of
each financing source rather than on the actual budgets of the respondent organizations.
17 Obtaining reliable data from the public administration is fraught with much practical
difficulty, especially given that individual administrative units working at the local level
can follow their own procedures in this respect.
18 A study concerning charitable donations carried out in 2002 by the KLON/JAWOR
Association working together with SMG/KRC, utilizing questions drawn up by the
KLON/JAWOR Non-Governmental Organisation Information Bank. The study covered a
The Nonprofit Sector in Poland 581
100%
10,5% 7,4%
12,0%
90%
28,0% 31,5% 30,5%
12,9% 20,6%
80% 40,3%
51,5%
70% 33,2%
64,4%
29,8% 19,2%
60% 16,5%
33,8%
50%
18,3% 26,2% 48,6%
20,6% 11,2%
40% 28,9%
30% 14,1%
22,0%
46,9% 21,0%
20% 38,1% 36,5%
31,5% 10,0%
13,3%
24,0%
10% 15,4% 12,5% 11,5% 7,7%
0%
Public sector
assistance
Membership
Individual and
Capital income
Fees for
other NGOs
Not-related
Grants from
services
Campaigns and
programs
economic
Foreign
donations
activity
corporate
collections
fees
Science 34%
Health 24%
Sports 21%
Culture 18%
Others 10%
Ecology 5%
Public safety 3%
Public infrastructure 2%
Source: Own Graph based on results of a Gallup poll carried out in 2001 on instructions
from the Polish Agency for Enterprise Development, covering a random sample of
privately owned business entities employing 250 people or less operating across Poland.
The Nonprofit Sector in Poland 583
19 See an analysis of legal regulations in Rybka/Rymsza (2002). See also the text on legal
forms in Poland by I. Rybka in the bonus section of the CD.
584 Andrzey Juros et al.
formula is a simplified one that does not require much in the way of
organizational commitment; it does not, however, entail legal personality,
and there are limitations concerning the acts in law that the association may
engage in. Ordinary associations are established through notification rather
than registration; all that is needed is for three people to make the
establishment of the association known, in writing, to the appropriate
organizational entity of the local government (i.e., the county office, the body
charged with supervising both types of associations).
In the case of long-term activity pursued on a large scale, meanwhile, an
association must be registered in court, a fact by virtue of which it becomes a
fully-fledged legal entity, which may participate in civil law dealings. The
vast majority of associations presently operating in Poland are registered
ones. As a point of difference from ordinary associations, registered
associations may establish field branches, join association unions, admit legal
entities as members, engage in business activity, accept grants, inheritances,
and bequests, receive subsidies, and benefit from donations made by the
general public.
The Associations Law also lays out a legal framework for creating
unions of associations and international associations.
The various religious organizations that bring together people belonging
to a certain church or religious group constitute a separate category of
nonprofit organization with a corporate character. These do not have legal
personality; rather, the law regards them as part and parcel of the ecclesiastic
legal entities that brought them into being on the basis of laws defining
relations between the given church and the state. This general rule
notwithstanding, Catholic associations – whose activity is regulated by the
Associations Law as well as by the legislative act regarding the state’s
position relative to the Catholic Church – may enjoy rights and assume
obligations in their own name.
There are some types of association that acquire legal personality and
operate on the basis of specific legislation. In such cases, the general
Associations Law will apply only in such aspects as are not addressed by the
special rules. This class of organization includes the Polish Red Cross, the
Polish Association of the Blind, the Society of Friends of Children, and the
Polish Committee for Social Aid.
The other basic legal form for nongovernmental organizations is the
foundation. The legal possibility for establishing foundations was reinstated
only in 1984, with the promulgation of the legislative act regarding
foundations. This legislative instrument superseded the ordinance in force
since 1952 under which all Polish-based foundations were liquidated and
their assets taken over by the state. During the first years in which the 1984
legislative act20 regarding foundations was on the statute books, entry in the
20 The executive branch retained ultimate authority to allow or disallow the registration of an
The Nonprofit Sector in Poland 585
association; refusal could be justified in terms of failure to meet public utility criteria
(which had never been formulated by anything which would approximate official channels).
Any decision handed down in this respect remained exempt from judicial control.
586 Andrzey Juros et al.
21 Such resolutions should describe in all detail the procedure followed in awarding the grant,
the means of settlement, and the ways in which execution of the assigned tasks will be
monitored. See also Buczek/Jasiukiewicz/Taracha (2000).
22 The Ordinance concerns detailed principles and forms of cooperation of the public
administration with other entities and the standard forms for offers, contracts, and social aid
task execution reports.
588 Andrzey Juros et al.
23 As indicated by the research carried out by Janelle Krelin in 2000, covering 200 public
social welfare agencies - see ‘Pomoc społeczna po reformie administracyjnej’, Polityka
Społeczna, 2000, no 8, (report on the Conference of the Polish Ass. of Social Workers).
The Nonprofit Sector in Poland 589
the amount earmarked within the communal/county budget for the analogous
public school. This legal solution is a favorable one as regards the
development of schools managed by nongovernmental organizations,
especially of small schools that fulfill compulsory general schooling duties in
rural areas and are managed by the associations created by pupils’ parents.
The 1991 legislative act regarding the organization and carrying on of
cultural activities bestows upon nongovernmental organizations rights in the
areas of creative activity, propagating culture, and safeguarding the cultural
heritage as well as the right to receive grants towards execution of tasks
resting within the responsibility of the state. The Minister of Culture and
National Heritage as well as local government bodies may also provide
organizations with financial support for work associated with implementing
the cultural policy of the state.
Currently in Preparation
“functional privatization” of the social sphere, yet somewhere along the line
distorts the idea of civil society’s development in that social utility is brought
down to taking over tasks that, theoretically, rest within the ambit of the
state’s administrative structures.
The implementation of market principles in the nonprofit sector proceeds
through introduction of competition between providers of social services
while maintaining their equality. Local government entities select the
providers of services by way of a tendering process, and nonprofit
organizations do not enjoy any priority status or privileges as regards funding
by the state. Thus, nonprofit organizations competing for access to public
funds in keeping with market principles assume many of the traits of business
entities, progressing from the formula “nonprofit” to “not-for-profit” – they
do seek to turn a profit, yet that profit is then plowed back into its core
activities.
The advantages brought by introduction of market principles to the
nonprofit sector lie in increased efficiency and flexibility of nonprofits. The
risk, meanwhile, is that nonprofit organizations will undergo excessive
commercialization, with the distinction between nonprofit work and business
activity becoming blurred.
By way of recapitulation, the risks associated with structural inclusion of
nongovernmental organizations in the public sector are that NGOs may
become overly bureaucratized and they may become commercialized. To a
certain extent, however, these two risk factors cancel each other out –
competition between providers of social services limits excessive
bureaucracy within the nonprofit sector, and elements of state control serve
to counter excessive commercialization. In this way, the legislature is faced
with an opportunity to make its mark, but also with the need to find a
workable compromise.
The work pursued in Poland between 1996 and 2002 relating to legal
regulation of nonprofit activity within the sphere of public interest tasks
constituted just that – searching for a compromise. The legislative proposal
(Draft Law on Public Benefit Organization and Volunteering) was six years
in drafting, with the preparatory work spanning the tenures of three
successive governments. At the beginning of 2001, the draft statute was
submitted for consideration by Poland’s Parliament (Sejm, 2002), and there
remains a real chance that it can be finally passed during the Spring 2003.
The draft statute sanctions a “division of labor” between the public
administration and nongovernmental organizations; if enacted in its present
form, it would strengthen the hand of the NGOs in their dealings with the
state apparatus, be it with regard to advocacy (especially to the benefit of
disadvantaged groups) or to the provision of social services. The draft
actually lays down new principles for the latter’s delivery: while nonprofit
organizations would receive priority over commercial institutions in the
592 Andrzey Juros et al.
26 In the first draft of the mentioned act the government gave an opportunity to receive the
“public benefit” status only to those church-related nonprofits that decided to undergo a
secularization process. This solution was unacceptable for the Catholic Church. But the
agreement was reached and the government sent to the Parliament in June 2002 an
amendment to the draft. According to it church-related organizations may apply for public
benefit status if they perform public benefit activity and are able to split functionally
delivering social services etc. and activities directly connected with their strictly religious
mission.
27 Particularly noteworthy are the aid programmes of PHARE, USAID, the Know-How Fund,
and Matra as well as the activities of foreign organizations such as the Rockefeller
The Nonprofit Sector in Poland 593
ment tends to be low,28 and the precarious financial situation of many NGOs
leads to lack of respect for employee rights. The absence of legal provisions
governing volunteer work and the poor preparation of NGO leaders for
managing volunteers complete the rather bleak picture. The generally poor
condition of the third sector perpetuates the feeling that those who remain in
it face little prospect for professional growth and development. Furthermore,
there is an absence of academic courses focusing on nonprofit organizations
and their management, although certain universities have been formulating
hopeful initiatives in this area.
The failure of pertinent regulations to accommodate the unique nature of
the nonprofit sector, combined with staffing problems and insufficient funds,
results in a situation where the majority of nonprofits do not meet even the
basic standards regarding financial accountability. The large, well-known
organizations are by no means immune to difficulties of this nature. Many
nonprofit organizations entrust the keeping of their books to staff members
who lack the complex substantive skills necessary for managing the finances
of legal entities.29 The year 2002 saw the enactment of new accounting
regulations that require nonprofits to retain professional accountants; most of
them, however, cannot afford to do so.
28 KLON research estimated in 2002 the average salary in nonprofit sector as approx. 1000
pln (gross) compared with 2239 pln (gross) in the private corporate sector. As mentioned
above, more than 50% of NGOs do not employ even a single person.
29 According to 2002 KLON research, 55% of NGOs do not have any person responsible for
accounting or this work is conducted by a volunteer.
The Nonprofit Sector in Poland 595
difficulties confronting the nonprofit sector began to mount. This led the
nonprofit organizations to begin exploring possibilities for taking over duties
incumbent on the public sector in return for payment, with advocacy work
relegated to a position of lesser importance. Two-thirds of the NGOs
operating in Poland went about their work on a self-help basis, i.e., without
hiring staff, and well nigh 90% had no financial base to speak of. This
notwithstanding, some changes for the better began to manifest themselves
with regard to the operating strategies of nonprofits, with greater attention
devoted to the quality of the work being carried out. The first pacts and
agreements assembling organizations working in the same field as well as in
the same geographic region began to arise, developing the capacity to
support their members and to represent their interests. The infrastructure of
the third sector - as understood in terms of training, consulting, information,
and research centers – began to coalesce.
During the third period, from 1999 to the present, the nonprofit sector
community has begun to arrive at the understanding that development of the
sector is not an end in and of itself, that the idea is to deliver tangible benefits
to local communities within, and for, which they work. What is more, the
nonprofit sector has embarked on a re-evaluation of its relationship to the
state administration, seeking means for creative cooperation. Programs
devised to foster contacts between the nonprofit and business sectors are also
being pursued. More organizations are developing the desire and the skills to
share their experiences beyond Poland’s borders. Finally, there is the hope
that activities conducive to the interests of society at large as well as
volunteer work will become the object of legal regulation.
The organizational structure of civil society in Poland currently
corresponds to approximately a fifth of that existing within the European
Union and in other developed countries. At the same time, clear similarities
in the scale of nonprofit sector development can be observed when one
compares Poland to other postcommunist countries; these similarities result
from the policy pursued by the communist authorities of stifling independent
civic organizations and undermining their economic potential.
The economic standing of nonprofit organizations in Poland - weaker
than in developed countries – represents first and foremost the legacy of
liquidation of all social service structures operating outside of state control,
as effected under the Polish People’s Republic. To some extent, however, the
authorities of the newly democratic Poland share in responsibility for this
state of affairs in that, across the decade following the fall of communism,
they did not devise or pursue anything close to a consistent social policy with
regard to social utility organizations. These were treated, variously, as
belonging to the non-public sector or to the private sector, or even as profit-
oriented business entities; in many respects, this unsteady course is pursued
even today. As a result, nonprofit entities do not receive systematic support
596 Andrzey Juros et al.
towards their socially beneficial activities. If the present tendency on the part
of the state to disregard nonprofits as an alternative, unique provider of these
services continues, the third sector may find it hard to make any sort of
impact noticeable to society at large. Given their present economic potential
(or lack thereof), nonprofit organizations can pursue their service-provision
activities on any meaningful scale only in certain niches that remain
undeveloped by the state and the private sector alike, for instance, services
for the homeless or hospices. Absent a propitious legal and financial
environment, it will be very difficult to provide services on a nonprofit, state-
independent basis, especially in those areas where competition with the
public sector (social services) or the private sector (education) is strong.
The prospects for development of a social base for the nonprofit sector in
Poland would be associated with recognizing the role of nongovernmental
organizations as providers of social services paid for out of public funds,
with the strengthening of the financial infrastructure, as well as with
increased openness towards volunteer work. This is because the single most
important incentive that may potentially move Poles to greater community
work is presented in showing them examples of specific organizations that
provide real benefits to real people – and welcome those who volunteer to
help them towards this end.30 Comparative research also points to a strong
link between the potential of salaried labor and the potential of community
service contributed to nonprofit organizations; in other words, the
recruitment and retention of volunteers requires adequately qualified
personnel employed on a paid basis (Salamon/Sokołowski, 2001). Given this,
one should expect that the potential expansion of the social base of Poland’s
nonprofit sector will also depend on the increase of its financial possibilities
as well as on whether its current personnel will be willing, and able, to allow
for volunteer contributions.
30 The study centering on factors conducive to community involvement was carried out by the
GfK Polonia Institute on instructions from the Nonprofit Organisations Research Office at
the Political Studies Institute of the Polish Academy of Sciences. The poll covered a
random, representative group of 1,049 Polish residents aged 14 and above; it was carried
out over the period of July 13-18, 2001.
The Nonprofit Sector in Poland 597
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