Encyklopedia Administracji Publicznej MW Pivot Skin

MUNICIPAL REGULATIONS – it is assumed that distinguishing municipal regulations from local law acts (→ local law) lost its relevance in 2001 as a result of the amendment to the Act on municipal self-government. Terminological unification consisted in replacing the term “municipal regulations” with the notion of “local law acts” (l.l.a.), which is also legitimized in the Constitution of the Republic of Poland. Before the Constitution of 1997 came into force, arguments were formulated for the legitimacy of the distinction between l.l.a. and municipal regulations. In particular, it was emphasized that these are legal acts based on specific authorizations, contained in statutes and on the basis of general authorizations contained in the Act of 1990 on local government (the name of the Act was changed in 1999 to the Act on municipal self-government). Within the municipal regulations, apart from generally applicable l.l.a., the internally binding norms have been distinguished, addressed to organisational entities subordinated to the constituting body. In this approach, three groups of regulations can be identified. The first group includes municipal regulations concerning the internal system of the municipality, the organisation of the office and other organisational units of the municipality, the rules of management of the municipality’s property and the mode of using communal objects and public facilities of a local character. These are matters regulated in separate resolutions or in the statute of the municipality. The authority competent for adopting such regulations is the municipal council. The second group are the municipal regulations resulting from the act on municipal self-government, such as acts of orderly character, created in the case of the need to protect life and health of citizens and to ensure order, peace and public safety. Here, too, the authority competent to adopt the resolution is the municipal council, but in urgent cases these acts may be issued by the village mayor/mayor/president of the city in the form of an ordinance. Ultimately, however, their continuation must be approved by the council. The third group are the municipal regulations regarding acts of self-taxing by residents of the municipality, for which the municipality’s residents are the constituting entity, expressing their will through a referendum. The term “municipal regulations” is sometimes still used interchangeably with the term “local law acts”. The rules regarding announcing and publishing of municipal regulations (i.e. local law acts) are specified in the Act. By analogy, a set of such regulations in accordance with the statutory regulation is made available to the general public (→ local law acts adopted by the municipality) [ S. Kozłowski ].

Literature: D. Dąbek, Prawo miejscowe [Local law], Warszawa 2015 ■ M. Szewczyk, K. Ziemski, Prawo miejscowe a przepisy gminne [Local law and municipal regulations], „Ruch Prawniczy, Ekonomiczny i Socjologiczny” 1992, issue no. 1.