Szczegółowość treściowa upoważnienia do wydania rozporządzenia – czy wytyczne nadal są potrzebne?

• Authors: Wojciech Brzozowski

Title variants

EN

Textual Specificity of a Statutory Authorization to Issue a Regulation – Are Guidelines Still Necessary?

• Languages of publication: PL

Abstracts

EN

The paper discusses the problem of a statutory authorization to issue an executive regulation in relation to the guidelines concerning its content (Article 92(1) in fine of the Constitution). The guidelines were aimed at safeguarding the principle of division of powers, at strengthening the supremacy of a statute in the system of sources of law, and at guaranteeing protection of rights and freedoms. It seems, however, that the actual practice of formulation of the guidelines deprives them of any real meaning while, at the same time, placing an excessive burden on the legislator. According to the author, ‘empty’ guidelines, which give no directions at all to the organ appropriate to issue a regulation, should be examined rigorously by the Constitutional Tribunal and eliminated from the legal system. On the other hand, in some other respects the approach to the statutory authorisations could be liberalised. Firstly, it should be accepted that in certain cases providing for a very detailed description of the matters to be regulated in an executive act could substitute the guidelines. Secondly, whenever an authorisation is contained in a statute that implements the EU law, no guidelines should be required except for those resulting from the act being implemented.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2014
• Issue: 2(88)
• Pages: 41 – 56

Contributors

author

Wojciech Brzozowski

• Uniwersytet Warszawski [University of Warsaw]