Supervision over local government

From Encyklopedia Administracji Publicznej

This page is a translated version of the page Nadzór nad samorządem terytorialnym and the translation is 100% complete.

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SUPERVISION OVER LOCAL GOVERNMENT – is one of control activities of the state over the local and regional government. From control activities the supervision is distinguished by the power of authority – the possibility of repealing the legal act established by the supervised body and the dissolution of the supervised body in the case of notorious violation of the Constitution or statutes. The basic supervisory criterion for the activity of local government authorities is the legality – that is the compliance of the local government administration with the law in force. Supervision is exercised by: the → President of the Council of Ministers, → voivodes, and the → Regional Accounting Boards (RAB). The first two bodies have general supervision, while the RABs are professional (or specialized) supervisory bodies. The President of the Council of Ministers does not have the power to dissolve a local government body in the event of its violation of legal order and must refer the matter to the Sejm. Basic types of supervision: 1. exercised in relation to local legal acts and 2. in relation to the bodies of local government units. The first type of the supervision is held by the voivodes and RABs, the measures of supervision in this scope are: stopping the implementation of the act of local law; repealing the local law in part or in full and declaring negligible legal error in the act of local law. The second type of the activities is carried out by the President of the Council of Ministers and by the voivodes, they are entitled to legal remedies: the dismissal of the village mayor, the mayor and the president of the city; dissolution of the county board or the voivodship board; dissolution of the legislative body of the local government; establishment of → receivership (→ government commissioner) [ J. Wojnicki ].

Literature: B. Dolnicki, Nadzór nad samorządem terytorialnym, Katowice 1993 ■ H. Izdebski, Samorząd terytorialny: podstawy ustroju i działalności, Warszawa 2014 ■ J. Storczyński, Nadzór regionalnej izby obrachunkowej nad samorządem terytorialnym, Bydgoszcz 2006.