Stanowienie prawa lokalnego poza radami narodowymi
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Date
1985
Authors
Advisor
Editor
Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Enactiog local laws aside from People's Councils
Abstract
Some local organs of the State administration aside from the Peoples' Councils
system (e.g. organs of marine administration and inland navigation) are vested
with competence to enact generally binding regulations on a territory of
cognizance of relevant Peoples' Councils. Consequently, art. 75 of The Act of System
of Peoples' Councils and Territorial Self-Government of July 20, 1983 (Dz. U.
nr 41, sec. 185) requires that enacting those provisions be consulted with the
presidium of a competent Peoples' Council of a basal level.
Primarily on account of a type of matters regulated by the — provisions instituted
by the said organs (safety of navigation, sea fishery, using sea and river
ports, professional skills of seafarers and fishermen etc.), any justification can
hardly be found for art. 75 of the said Act. The odds are that consulting drafts
of legal acts of these organs by presidis of Peoples' Councils would become a mere
fiction to satisfy requirements of art. 75 of the Act. The same provision is not
indispensable to secure a role of "master of the land" to Peoples' Councils although
it has been thought that way.
In all cases when Peoples' Councils can have a legitimate interest in contents
of a regulation to be enacted by local organs not subordinated to them, the consulting
procedure to be performed by defined organs of the Councils (presidia,
commissions should be provided by provisions vesting the specific organs aside
from the Peoples' Councils system with a competence to enact law.
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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 47, 1985, z. 2, s. 93-102