Refusal to grant a vote of confidence to the municipal executive body - a procedural aspect
Ewa Pierzchała
Uniwersytet OpolskiAbstract
The subject of the publication is the activity of the resolution-maker of executive bodies. From 2018, a new procedure was introduced into the legal system regarding resolutions of constitutive bodies of local government units, i.e. the emergence of resolutions by operation of law as a legal fiction and a consequence of a different action. Both the new mode of drawing up the resolutions and the legal form of the failure to grant a vote of confidence to the executive body of the commune are important. The legal form of expressing the will to refuse to grant a vote of confidence by a decision-making body is a resolution. This resolution is adopted in a special mode - without voting - and has a special character, for its validity it is necessary to justify constituting a formal part of the resolution. Therefore, the legal views presented by the supervisory authorities over the self-government, shaping the administrative practice of self-government bodies, do not find legal justification both in the act on commune self-government and in the jurisprudence practice.
Keywords:
resolution, vote of confidence, commune administrator, commune self-government, commune, commune councilReferences
The Act of March 8, 1990 on the municipal government. Dz. U. of 2020, item 713, hereinafter referred to as LGL.
Case law
Judgement of the Supreme Administrative Court of 25 February 2021, II SA/Sz 669/20, LEX nr 3158539,
Judgement of the Supreme Administrative Court of 25 May 2006, II GSK 39/06, LEX No. 236397,
Judgment of the Provincial Administrative Court in Olsztyn of November 14, 2019, file ref. No: II SA/Ol785/19, LEX No. 2741804,
Judgement of the Provincial Administrative Court in Wroclaw of October 10, 2019, file ref. No. III SA/Wr 302/19, LEX No. 3014158.
Bibliography:
Szewc, Andrzej. Szewc, Tomasz. 1999. Resolution procedure activities of local government bodies. Warsaw. Difin
Stec, Mirosław. 2001. Controversies and disputes over the concept and normative regulation of local law in the Constitution and the acts on the system of local government and public administration – de lege ferenda comments, (in :) Public administration reform 1999 – achievements and dilemmas. Warsaw. Institute of Public Affairs.
Dolnicki, Bogdan. 2004. Acts of law of the local self-government, "Samorząd terytorialny", No. 5: 6.
Wlaźlak, Katarzyna. 2013. (in:) Act on the municipal self-government. Comment, ed. Chmielnicki, Paweł. Warsaw: Lexis Nexis.
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