Published: 2022-01-14

Refusal to grant a vote of confidence to the municipal executive body - a procedural aspect

Ewa Pierzchała
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.4545

Abstract

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 council

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Pierzchała, E. (2022). Refusal to grant a vote of confidence to the municipal executive body - a procedural aspect. The Opole Studies in Administration and Law, 19(4), 31–38. https://doi.org/10.25167/osap.4545

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