Termin realizacji upoważnień ustawowych dla aktów wydawanych cyklicznie

• Authors: Madej Krzysztof

Title variants

EN

Deadline for the implementation of statutory authorizations for acts issued cyclically

• Languages of publication: PL

Abstracts

EN

The article attempts to answer the question of how to interpret the term indicated in the statutory authorization. The first part focuses on the interpretation of the command „shall determine, in a regulation, within a time limit”, considering whether the date speci¬fied in the authorization refers to the issuance of the act, its publication or entry into force of the regulation. The practice of applying selected provisions authorizing the issuance of legal acts issued cyclically within the statutory deadline was described. The lack of uniformity in the interpretation of the term specified in the authorization was demon¬strated. Often, the date specified in the authorization was treated as the date of entry into force of the executive act, while in other cases, the focus was only on the announcement in the official journal without taking into consideration the possibility of the provisions entering into force before that date. The second part discusses the issue of drafting pro¬visions, which authorize the issuance of other legal acts; in particular announcements and communications. Doubts regarding the interpretation of the term indicated in the statutory authorization had a slightly different background, which is the reason why they were discussed separately. While demonstrating the lack of consistency in the applica¬tion of the authorizing provisions, some attempts were made to propose solutions that would ensure a uniform interpretation of these provisions.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2023
• Issue: PL 3 (125)/2023
• Pages: 76-113

Contributors

author

Madej Krzysztof

• Rządowe Centrum Legislacji - Government Legislation Center