Związki międzygminne i związki powiatów w aspekcie oddziaływań nadzorczych
Inter-communal associations and associations of counties in the aspect of supervisory influences
Languages of publication
Associations of territorial self-governmental units are established in order to perform public tasks belonging to the scope of activity of the association’s participants. The units of the territorial self-government in the range of binding acts, have a liberty to undertake a decision on co-operation, determination of the scope of the subject cooperation and creating organisational structures of cooperation. A public law associa-tion created by units of the territorial self-government takes over to perform public tasks, determined in the statute. Activity of the self-government associations is subject of supervision on analogous principles to supervision over activity of the units of the territorial self-government. Beside the supervision performed by the regional clearing houses in the scope of financial matters and supervi-sion exercised by the Prime Minister, a particular role is fulfilled by su-pervision of a Voivode over the public law associations of the territorial self-government units. A Voivode as a supervisory organ has the right to require informa-tion concerning the organisation and functioning of an association, in-dispensable to perform powers vested in it. Chairman of the association board is obliged to submit to the Voivode resolutions of the general meeting within 7 days since the date of passing them, The scope of the Voivode’s supervisory intervention should be proportional to the im-portance of the protection subject. In relation with this the Voivode should apply only such supervision means, which will enable realisation of the supervision aim – verification of infringement of the law and si-multaneously in the least possible degree curtail the scope of rights of the association of the territorial self-government units. Realisation of this principle in Polish law is certified by progression of infringement of the law, resulting from the law on system, making dependent a type of actions undertaken by a supervisory organ on inessential or essential breach of the law. The Voivode performs evaluation of a resolution of the association meeting, considering its compliance with the law. Depending on a degree of infringement of the law (inessential or essential) the Voivode states that the resolution was passed with infringement of the law or declares nullity of the unlawful resolution. The problems of inter-communal associations and associations of counties has not been so far underlined in a due measure by the legisla-tor. In the law on system there predominate transmissions to separate regulations and some regulations by law require to be made more pre-cise because of appearing divergences in interpretation of provisions. A certain gap in this scope could be supplemented by new regula-tions by law. The bill draft of 4 November 2013 on alteration of the Act on Communal Self-Government and on alteration of some other acts heads to simplification of the hitherto procedure of change of the statute of an inter-communal association and registration of inter-self-government associations. The bill draft realises assumptions of the bill draft on improvement of functioning and organisation of performance of public tasks by territorial self-government units approved on 11 June 2013 by the Council of Ministers.
Publication order reference