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Podstawa prawna do wydania aktu prawa wewnętrznego (na tle art. 93 ust. 2 Konstytucji)

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Krzywoń A.

Przegląd Sejmowy

2015

issue 2(127)

103-118

The aim of the article is to present an interpretation of the requirement that internal legal enactments be issued on the basis of statute (Article 93 para. 2 of the Constitution). This constitutional prerequisite provides the basis for two kinds of approach. Under the fi rst one, Article 93(2) of the Constitution requires that an authorizing provision that defi nes the entity, the form and content of the internal enactment be created by statute. The second approach permits an internal enactments to be based on the norms of statute which defi ne the tasks and powers of a particular authority. In the author’s view, the interpretation of the statutory basis requirement should be made in reference to a number of constitutional principles, including reliability and effi ciency of the constitutional bodies as well as the stability and permanence of legislation. In view of these values, the requirement for a statutory basis should be treated fl exibly so as to provide an appropriate instrument to government administration to exert infl uence on its subordinate organizational structure.

Jeszcze o aktach prawa wewnętrznego. Z Adamem Krzywoniem nieco polemicznie

100%

Bień-Kacała A.

Przegląd Sejmowy

2015

issue 3(128)

47-56

This article is a polemical response to the article by Adam Krzywoń, on the “Basis for the Issuance of Internal Legal Enactments (Based on Article 93 para. 2 of the Constitution)”, published in Przegląd Sejmowy No. 2/2015. Krzywoń narrowly delineates the scope of examination and focuses his analysis on the effectiveness of operation of public institutions. However, the system of sources of law and the respect for freedom provides the context of polemical remarks. The text, in its assumptions, is intended to serve as supplementing the analytical perspective applied by Krzywoń. Law-making (i.e. adoption of universally binding laws, but also internal legal enactments) is that kind of activity which considerably interfere with legal situation of an individual and, therefore, there is need for a strict rules of interpretation of the competences. The scope of their conferral is precisely defi ned by the lawgiver. The freedom of an individual and the protection of its status provide basic assumptions in this respect. This relates also to the entities connected — within the hierarchy of administrative bodies – by employment relationship. Beyond the scope of law-making activities, the authorities should be given greater discretion in the performance of governance, provided that proper selection of measures is ensured, except for the legal provisions.

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2 Przegląd Sejmowy

2 2015

1 Bień-Kacała A.

1 Krzywoń A.

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Podstawa prawna do wydania aktu prawa wewnętrznego (na tle art. 93 ust. 2 Konstytucji)

Jeszcze o aktach prawa wewnętrznego. Z Adamem Krzywoniem nieco polemicznie