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Możliwość odwołania członka organu uchwałodawczego jednostki pomocniczej gminy

100%
Bińkowska-Artowicz B.
Zeszyty Prawnicze BAS
|
2020
|
issue 2(66)
138-146
EN
In the case-law and in the literature on the subject, there is disagreement as to whether it is permissible to regulate in the statute of the auxiliary unit the principles and procedure for dismissal of a member of the resolution body of that auxiliary unit. Such a possibility also does not arise directly from the Act on Communal Self-government, as it does not regulate the issue of dismissal of members of legislative bodies coming from direct elections. If it is assumed that a community council had been given the opportunity to make decisions on specific matters related to the local community, then it is justified in the context of the interests of that community to discipline community councillors, e.g., depending on their attendance at the council sessions.
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Niepołączalność stanowisk członków organów jednostek pomocniczych w gminach

75%
Skotnicki K.
Zeszyty Prawnicze BAS
|
2018
|
issue 3(59)
210-215
EN
A danger of conflict of interests in case of election to a legislative or an executive body of an auxiliary unit exists both with regard to executive positions and all local self-government employees (including councillors). A prohibition of standing for a position in the legislative (or executive) body of the auxiliary unit by a local self-government officer is not admissible, because regulating human rights may be exclusively regulated by statutes. Introducing statutory provisions concerning a formal incompatibility may prevent such conflict of interests. Such problem (conflict of interests) does not exist in case when the local government officer resides and works in different communes.
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