Prawotwórcza funkcja gminy
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Date
1991
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Legislative function of a communne
Abstract
The author discusses the issues connected with the legislative activity of
the organs of a commune, in the light of the Act of 8 March 1990 on Territorial
Self-Government. The subject-matter of the analysis is the notion of legislative
acts enacted by communal organs and their classification. The author distinguishes
communal organizational regulations (including communal charters), executive
regulations (based on specific statutory delegation), and internal regulations
(based on general statutory delegation).
Communal organizational regulations regulate in the first place the internal
structure of a commune and the organization of communal offices and institutions.
They are issued on the basis of general delegation contained in the Act
on Territorial Self-Government. The contents, scope and subject-matter of communal
executive regulations is determined by specific delegations contained in
various other statutes. In turn, internal regulations may be issued if it is necessary
for the protection of life or health of citizens, or for the protection of law and
public order. The delegation to issue such regulations is contained in the Act
on Territorial Self-Government.
The author also discusses the procedure of enacting communal regulations,
the method of announcing them and the system of supervision over the legisla- -
tive activity of a commune, including the control executed by the Chief Administrative
Court. The said control may be initiated both by the complaint lodged
by a supervisory organ as well as by a complaint lodged by a citizen. Finally,
the author discusses the grounds for the loss of binding force of communal regulations.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 53, 1991, z. 2, s. 21-35