Stanowienie zarządzeń porządkowych w okresie stanu wyjątkowego

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Wydział Prawa i Administracji UAM

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Enacting public order regulations in a state emergency period


The article dwells on the problems of lawmaking by the local organs of State's authorities and by the organs of state administration of general competence, functionally related to them. Particular attention was focused on enacting legal acts in emergengent situations calling for immediate action resulted by the state of threatening security, public order or disasters. Discussion of the presently enforced legal state in the respect of local lawmaking is proceeded by ithe theoretical reflectionis. Among others, the need of granting local organs lawmaking competence is discussed as well as norms granting the said competence. Two distinct means of granting legislative competence are indicated, this becomes a basis to differentiate two groups of local acts. The first one comprises acts of the executive character, enacted on the grounds of particular competence provided in the statutes. The second one comprises the so called "self-contained" acts in such a sense that their basis is nothing more but the general competence to enact certain legal acts. The "self-contained" acts can be enacted in order to divert a state of threatening of certain interests or its results. The character of legal acts to be enacted on the grounds of the Peoples' Councils and Territorial Self-Government Act is analysed on the basis of the findings obtained. What is particularly thoroughly analysed are the legal acts which can be enacted by the-administration organs of the voivodship (district) level on the grounds of the Emergency State Act competence. The said acts are named by the legislator as public order regulations, that notion has been previously referred to the acts of special character enacted by the local organs on the basis of the Peoples' Councils Act. It is ascertained in the result that the notion is used by the legislator exceptionally in a context different to the previous understanding. For these are acts of the executive character, enacted exclusively by administration organs of the voivodship level, having no common traits with regulations containing public order provisions, introduced by the Peoples Councils and Territorial Self- -Goverrrment Act.



Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016



Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 2, s. 35-96



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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego