Stanowienie aktów prawa miejscowego o charakterze porządkowym

• Authors: Parśniak Karina

Title variants

EN

Establishment of local law acts of an ordinal nature .

• Languages of publication: PL

Abstracts

EN

The subject of this article are issues related to the law-making of acts of local law of an ordinal nature at the voivodeship, district and commune level, which have aroused great interest among the doctrine for many years, mainly due to their authoritative nature and the level of discomfort to their recipients. At the beginning the following matters will be discussed: the issue of the position of acts of local law in the hierarchy of sources of generally applicable law, the basis for issuing these acts, their generic names, as well as the doubts that such regulations might cause in the context of limiting constitutional rights and freedom. The main part of the article will be devoted to the issue of the premises for establishing ordinal provisions specified in systematic acts, which in practice raise great doubts due to the high level of generality of the terms used therein, which is reflected in the extensive case law in this regard. The legal premise (so-called objective) will be analyzed, which is defined by the vague wording „to the extent not regulated by generally applicable provisions”, which makes its application much more difficult. Factual premises will be also discussed, referred to as subjective, which include the premise of the actual necessity of regulations and the premise of an actual threat to the protected values, indicated in the provisions of systematic acts. The assessment of these premises can also be difficult for the authorities competent to create the acts of local law of an ordinal nature due to the very evaluative nature of the terms used in the provisions, as is the case with the legal premises. Finally, the territorial premise will be discussed, which also may cause difficulties for the authorities issuing ordinal regulations, which, for example, are acts regulating issues of national rather than local scope. The summary part will present de lege ferenda postulates.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2023
• Issue: PL 4 (126)/2023
• Pages: 77-105

Contributors

author

Parśniak Karina

• Rządowe Centrum Legislacji - Government Legislation Center