Local law acts adopted by the county

From Encyklopedia Administracji Publicznej

LOCAL LAW ACTS ADOPTED BY THE COUNTY – regulations in force in the county issued on the basis of statutory authorization by the bodies authorized to do so, i.e. county local government (→ local law). The county self-government has law-making powers, which relate primarily to the creation of l.l.a. The county council constitutes the l.l.a. applicable in the county area, based on and within the limits of the authorizations contained in the statutes – which means that they require explicit authorization contained in the act. Local law is made by the county council in the form of resolutions, unless the statutes provide otherwise. Depending on the criterion adopted, the following types of county l.l.a. may be distinguished: executive acts issued on the basis of specific legislation; acts issued on the basis of a general clause; acts issued by the county council; acts issued by the county board; local regulations for the implementation of laws; constitutional and organisational acts; orderly regulations. The county council issues acts concerning, in particular: matters requiring regulation in the statute; a special mode of managing the county’s property; rules and mode of using county facilities and public utilities. In addition, in particularly justified cases, to the extent not regulated separately or not regulated by other generally applicable regulations, the county council issues acts regarding law and order related to the need to protect life, health or property of citizens, environmental protection or ensuring order, peace and public safety. However, these regulations are provided by the county council when the reasons justifying their release occur in the area of more than one municipality. In the order regulations issued by the county, a fine may be foreseen for violation thereof, which is imposed in accordance with the procedure and rules specified in the law on offenses. Exceptionally, in urgent cases, the order regulations can also be issued by the executive body – the county board, in a form of an ordinance. However, the continuation of such an ordinance requires approval by the county council. L.l.a. established by the county are subject to publication in the voivodship official journal. (→ publication of local law acts) [ S. Kozłowski ].

Literature: B. Dolnicki, Samorząd terytorialny [Local government], Warszawa 2016.