The concept of smart organization has been developed on the basis of the science of organization and management, and – as is often the case in science – it has been successfully applied on the basis of other sciences, in particular administration sciences, which related the rules governing it to the public administration. The science of organization and management defines a smart organization as an organization that uses the intelligence of its employees and creates the right conditions for engaging and developing its participants in order to make more effective actions possible for its clients and partners. Barbara Czerniachowicz, ‘Koncepcje organizacji uczącej się i inteligentnej w jednostce samorządu terytorialnego’ (2011) 77 Ekonomiczne Problemy Usług 66–67 Jan Boć, ’Ku administracji publicznej jako organizacji inteligentnej’ in Anetta Dębicka, Mariusz Dmochowski, Barbara Kudrycka (eds), Jan Boć, ‘Administracja publiczna jako organizacja inteligentna’ in Jan Boć (ed),
There are areas of public administration activity, for which the element of smartness is particularly important in terms of their functioning. The remark made concerns those areas of public administration activity, the implementation of which often determines human existence. Such areas of public administration activity include its legally defined activity in the field of preventing homelessness and helping those who are in a state of homelessness. This is due to many factors. First of all, because ‘Homelessness (...) belongs to the most difficult social problems to solve. (...) It arouses (...) many emotions due to the difficulty in establishing its causes, stigmatization of individuals experiencing it, lack of unambiguous methods of solving it and tragic consequences – from stripping one of his dignity, through serious health detriment to deaths due to hypothermia in winter. It is a symbol and a reflection of problems in the implementation of the state and self-government caring functions.’ Jakub Wilczek, ‘Wstęp. O potrzebie zmiany systemu przeciwdziałania bezdomności’ in Jakub Wilczek (ed),
Despite the fact that homelessness in Poland is one of the most important social problems, there are no appropriate legal solutions to it. Radosław Mędrzycki, ‘Problem bezdomności w świetle wybranych regulacji prawnych’ (2016) 4 Przegląd Legislacyjny 35 Radosław Mędrzycki, ‘Bezdomność w świetle orzecznictwa sądów administracyjnych – wybrane aspekty’ (2013) 1, Kwartalnik Prawa Publicznego 186 Starting from Article 75 of the Constitution of the Republic of Poland of 2nd April 1997 (Dziennik Ustaw – Official Journal of Laws of the Republic of Poland 1997, No. 78, item 483 as amended), through the Act of 12th March 2004 on Social Assistance (consolidated text of the Dziennik Ustaw – Official Journal of Law of the Republic of Poland of 2019, item 1507 as amended), hereinafter: the Social Assistance Act, and numerous acts of international and EU law to which Poland is a party, including EU strategies and resolutions of a non-binding nature In the current legal status, shelter is regulated by the Social Assistance Act in Articles 48 and 48a. In the light of the provisions of this Act, providing shelter to those in need is a compulsory task of the municipality, and it is provided in Article 17, paragraph 1 item 3 of the Social Assistance Act and non-monetary benefits in the field of social assistance
Smart public administration goals in the area of homelessness prevention are usually determined by specific strategies and action plans, which in their content indicate the main directions and priorities of public administration activities within the framework of the public tasks assigned to it. Smart strategies for reducing homelessness exist at various levels. Because the competence to provide assistance to homeless people, in accordance with the principle of subsidiarity, It is worth noting that in Poland, the rule of subsidiarity is directly expressed in the Preamble to the Constitution. According to the Preamble to the Polish Constitution, ‘Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsidiarity in the strengthening the powers of citizens and their municipalities.’ Ruth Owen,
It is assumed that the goals set in smart administration strategies, including the ones addressing homelessness, should be determined using the SMART method, according to which, they should be:
specific – this means that the goal set for the implementation of the organization must be specific and clearly and correctly defined; measurable – it is necessary for the goal to be controllable and measurable. Measurability allows one to unambiguously determine whether the goal has been achieved; attainable – the goal should be ambitious, it cannot be easy, because it should be a challenge; at the same time, it cannot be too difficult to achieve; realistic – the goals assigned to an organization should be attainable and achieved using the resources it owns; time bound – the goal must have a clearly defined deadline. The deadlines play an important role, especially for complex goals, when the implementation of one goal triggers other goals included in the project. Krzysztof Janasz, Joanna Wiśniewska,
However, it should be borne in mind that in public administration, SMART goals should primarily recognize the law that is the foundation of public administration activity. They should also respect the principles of constitutional and administrative law.
In the Western European literature, homelessness strategies adopted by the European countries and goals set in them are often compared in order to show the different ways of addressing homelessness, evaluate their results, and ultimately develop optimal standards for smart assistance for the homeless. Quite often, the strategies implemented by the Scandinavian countries, that is, Denmark, Norway and Finland, are mentioned, Cf.: Lars Benjaminsen, Evelyn Dyb, ‘The Effectiveness of Homeless Policies – Variationsamong the Scandinavian Countries’ (2008) 2, European Journal of Homelessness 45–63 Currently, the number of homeless people in this country is estimated at 6,635 people. As cited in: Lars Benjaminsen, ‘Rapport Hjemløshed and Danmark 2017. National kortaegning’ <
In the case of Denmark, the first strategies for homelessness emerged in this country as early as in the 90s of the last century. Rozwiązywanie problemu bezdomności (n 11) Agnieszka Zaborowska, Implemented between 2008 and 2012 Lars Benjaminsen, ‘Policy Review Up-date: Results from the Housing First based Danish Homelessness Strategy’ (2013) 2, European Journal of Homelessnes 110
‘A Strategy to Reduce Homelessness in Denmark’ is an example of one of the few European national strategies using the Housing First formula and assumptions to achieve its goals, which covered over a thousand Danish citizens during its implementation. Lars Benjaminsen, Benjaminsen, ‘Policy Review Up-date’ (n 17) 110 no one should live on the street, young people should not stay in shelters for the homeless, no one should stay in a homeless shelter for more than 120 days, better housing solutions should be available to people who are released from prisons or leave hospitals and other medical facilities. ibid 114
It should be pointed out that the Danish strategy of 2008 was characterized by a close partnership between the municipalities and the national level. 17 of the 98 Danish municipalities, comprising about two-thirds of the homeless population living in Denmark, were involved in its implementation. Benjaminsen, ‘The Goverment's Homelessness Strategy: A strategy to reduce homelessness in Denmark 2009–2012’ < ibid
It is noteworthy that the Danish strategy for tackling homelessness combined three main elements to reduce its scale. First, it was to strengthen the services available to the homeless people by providing additional financial resources in the amount of DKK 500 million (EUR 67 million) for initiatives within its scope in the years 2009–2012. Financial support was provided, for example, for the construction or conversion of housing for homeless people, for coordination and housing support, as well as for assistance in dealing with homeless people. Second, the strategy was to help one to focus on better monitoring of initiatives throughout the homelessness prevention process. The municipal councils participating in its implementation had to set specific homelessness goals in line with the goals of the national strategy. Progress in achieving these goals was to be the basis for a continued dialogue between the Danish Ministry of Social Affairs and the municipalities. Third, the strategy was to support the development of improved methods for assessing the effectiveness of existing and new approaches to homelessness. ibid
Another country – Norway, where 42% of the entire homeless population lives in four Norwegian cities: Oslo, Bergen, Trondheim and Stavanger, According to the Homeless World Cup Organization Evelyn Dyb, ‘Counting Homelessness and Politics: The Case of Norway’ (2017) 2, European Journal of Homelessness 15–16 It is about the ‘Homeless Project’ implemented in 2001–2004, which was a collaborative project between the Government and the seven largest municipalities: Oslo, Bergen, Trondheim, Stavanger, Kristians, Tromsø and Drammen Barbara Schluz, ‘Problem bezdomności w Norwegii – skala zjawiska, uwarunkowania, przeciwdziałanie’ (2015) 1, Seminare. Poszukiwania Naukowe 112 Rozwiązywanie problemu bezdomności (n 11) In 2016, there were 3,909 homeless people in Norway. More: News: ‘Strong Decrease of Number of Homeless People in Norway’ <
Currently, the national strategy ‘Housing for Welfare’ is in force in Norway. The period of its implementation has been planned for the years 2014–2020 Dyb (n 26) 30 everyone should have a good place to live, everyone with a need for the services to receive assistance in managing their living arrangements, public effort shall be comprehensive and effective. ibid 31
It is noteworthy that an important part of the strategy currently implemented in Norway is ‘The Social Housing Development Program’, which began in 2009 and lasted until 2017. ibid 16
As far as Finland is concerned, the first strategies for preventing homelessness started to be implemented as early as 1987. The country remains one of the most representative examples of smart actions for homeless people, because it is currently the undisputed European leader in the number of places in apartments for homeless people. Wilczek (n 4) 15 Due to the Homeless World Cup Organization since the 1980s, there has been a 50% reduction in the number of homeless people across Finland Juha Kaakien, ‘Lessons from Finland: helpinghomeless people starts with giving them homes’ <
One of the most important activities undertaken in Finland to reduce the number of long-term homeless people was the adoption of the Paavo I program implemented in 2008–2011, the introduction of which was preceded by the decision of the Finnish government of 14th February 2008. Nicholas Pleace, Dennis Culhane, Riitta Granfelt, Marcus Knutagård, ibid 17 During the implementation of this program, subsidies amounting to EUR 21 million were allocated to residential construction in 2012–2013, and a further EUR 13.6 million were allocated to the development and provision of services, EUR 34.6 million in total
The Paavo I program included ten Finnish cities with the highest percentage of homeless people, that is, Helsinki, Espoo, Vantaa, Tampere, Turku, Lahti, Jyväskylä, Oulu, Joensuu and Kuopio. Each of the cities participating in the program signed letters of intent with the state administration in the scope of its implementation. Many non-governmental organizations also joined the program, which determined its multi-sectoral aspect Pleace elimination of long-term homelessness by 2015, reducing the risk of long-term homelessness due to increasing the efficiency of using rents for the rental of social housing, creating more effective measures to prevent homelessness. Nicolas Pleace, ‘The Action Plan for Preventing Homelessness in Finland 2016–2019: The Culmination of an Integrated Strategy to End Homelessness?’ (2017) 2, European Journal of Homelessness 97–98
Comparing Paavo I with Paavo II, it needs to be noted that the latter focuses more on the development of distributed housing alternatives with fluent support and preventive services. ibid 97–98 Pleace (n 38) 20
Another action plan to prevent homelessness in Finland was adopted for 2016–2019 and it is the third stage in the implementation of the integrated strategy for preventing homelessness in this country, which began in 2008. Pleace ‘The Action Plan for Preventing Homelessness in Finland 2016–2019’ (n 42) 96–97 gender, including the experience of women in the field of homelessness, homelessness among families and youth, which, as noted, is disproportionately experienced by migrants, homelessness of migrants, defined as persons who have been granted a residence permit in Finland. Pleace (n 38) 8
Against the background of the presented Scandinavian countries, Sweden is an interesting example. In this country, prevention of housing exclusion in the broad sense occupied an important place in the national social policy until 1991, and at the end of the 1990s. In the twentieth century, the interest in homelessness and measuring the scale of its occurrence increased. Ingrid Sahlin, ‘Searching for a Homeless Strategy in Sweden’ (2015) 2, European Journal of Homelessness 162 ‘Sweden. FEANTSA Country Fiche’ < Sahlin (n 47) 162
The solutions addressing homelessness adopted in the Scandinavian countries are characterized not only by their innovativeness and participatory character, but also by the necessity of incurring significant financial outlay for their implementation. The presented strategies implemented in the past or at present in Denmark, Norway and Finland show a departure from the traditional ladder model of help for the homeless in favour of solutions based on access to housing or on the housing market. This is in line with the housing-first and housing-led policy recommended in the European Union. In addition, in these countries, attention is paid to the issues of the need of monitoring the undertaken activities and to evaluating them, and the multidimensional character of homelessness, including this problem among migrants, women and youth. There is also a need of helping homeless people with mental disorders and including and cooperating in the implementation of national strategies of the local and non-governmental levels.
Referring the solutions accepted in the Scandinavian countries to the conditions of providing assistance to the homeless in Poland, it should be emphasized that:
forms and instruments of providing housing assistance in Poland are diverse and depend not only on the situation of people who seek for it, but first and foremost on the organizational and financial possibilities of municipalities that provide this assistance; Andrzej Przymeński, ‘Pomoc mieszkaniowa dla zmarginalizowanych ekonomicznie gospodarstw domowych jako element systemu zabezpieczenia w Polsce’ (2014) 179 Studia Ekonomiczne 241 still, the main form of assistance provided to homeless people in Poland is providing shelter in the facilities of institutional support, and the assistance is provided in accordance with the assumptions of the ladder model; there is a deficit of social housing that could form the basis for housing-first and housing-led policy support solutions; in addition to the existing housing deficits, there are quality deficits; See: Annex to Resolution No. 115/2016 of the Council of Ministers of 27th September 2016 regarding the adoption of the National Housing Program, RM-111-119-16 < the introduced legal solutions to help homeless people or those exposed to homelessness are far from being smart. An example of this is the local tenancy institution, making eviction onto the street possible, referred to in Article 19f of the Act of 21 June 2001 on Tenants Rights, Municipal Housing Stock and the Civil Code Amendment. According to Article 19f, Paragraph 3 of the Act of 21st June 2001 on Tenants Rights, Municipal Housing Stock and the Civil Code Amendment (consolidated text of Dziennik Ustaw – Official Journal of Law of the Republic of Poland 2019, item 1182 as amended) to the contract for institutional lease of premises is attached a tenant's statement in the form of a notarial deed of submission to enforcement and the obligation to empty and deliver the premises used under the institutional lease agreement on the date indicated in the request to empty the premises and the acknowledgment that if necessary to perform the above obligation, there is no entitlement to the right to social housing or a temporary room Act of 8 February 2018 amending the Social Assistance Act of 12 March 2004 (Dziennik Ustaw – Official Journal of Law of the Republic of Poland 2018, item 700) the national homeless people assistance system lacks solutions aimed at helping the homeless refugees.
Considering the existing conditions (extra-legal and legal) in the scope of providing assistance by public administration in Poland to the homeless or those threatened with homelessness, it should be recognized that a paradigm shift in the approach to the existing forms of assistance is necessary. It is justified to move away from the ladder model of assistance for the homeless, which is still functioning in Poland, and to introduce into the Social Assistance Act active forms of assistance to the homeless (in addition to the already existing passive forms of assistance, such as providing shelter, providing necessary meals and clothing). In order to prevent homelessness, it is also necessary to strengthen the protection of tenants’ rights, change the state housing policy paradigm and recognize the need to provide housing assistance to the homeless as part of reducing homelessness. The need to regulate the obligation for municipalities to operate sanitary facilities such as baths and laundries for homeless persons should also be indicated. There is currently no such obligation on the part of municipalities in Poland. Finally, it should be recognized that despite the limitations of the possibility of using many solutions adopted in the European countries existing in Poland, one should not be discouraged but patiently explaining the sense of their implementation, to what extent it blends into the general problem of housing accessibility for the poorest and excluded, and, above all, why the homeless are a social group, which needs to be provided with a special and, dedicated to them only, support, ‘Ze słowa wstępnego Rzecznika Praw Obywatelskich dr A. Bodnara’ in Julia Wygnańska (ed.),
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