Order regulations

From Encyklopedia Administracji Publicznej

This page is a translated version of the page Przepisy porządkowe and the translation is 100% complete.

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ORDER REGULATIONS – a category of → local law acts, i.e. generally applicable acts. They are issued on the basis of a general statutory authorization in the scope not regulated in other generally applicable regulations. Authorization to act in this legal form was granted to local administration, both within the local government (municipality and county) and government administration (voivodship). O.r. can be issued in situations requiring quick reaction and taking into account local conditions. The catalogue of goods subject to protection in municipal and county local government units differs slightly. In municipalities it is: protection of life and health of citizens and ensuring security, peace and public order; in the county: protection of life, health and property of citizens, protection of natural environment and ensuring security, peace and public order. At the level of the voivodship, o.r. may concern protection of life, health and property of citizens and ensuring safety, peace and public order. As far as voivodship local government units are concerned, their bodies do not have such powers, while the right of issuing o.r. is within the scope of government administration bodies – voivode and non-joint administration bodies. In turn, the bodies authorized to issue o.r. in the municipalities and counties are decision-making bodies (councils). Exceptionally, in urgent matters, the o.r. may be issued by executive bodies (in the municipality: village mayor/mayor/president of the city, and in the county – county board), however, the condition for their validity is the approval of the decision-making body, i.e. the council during the nearest session. A special mode of publication of o.r. applies. As a rule, they enter into force three days after the publication, and in justified cases (serious threat to life, property, health and the possibility of causing irreparable damage) even on the day of publication. O.r. is published in the voivodship official journal and additionally published in the form of announcements, as well as in a manner customarily adopted on a given territory or in mass media. O.r. may establish prohibitions or orders of specific behaviour, in addition, they may provide for a penalty in the form of a fine, which is imposed by ordinary courts in accordance with the procedure and rules specified in the Law on misdemeanors. (→ publication of local law acts) [B. Węglarz]

Literature: Z. Bukowski, T. Jędrzejewski, P. Rączka, Ustrój samorządu terytorialnego [The system of local government], Toruń 2011 ■ J. Zimmermann, Prawo administracyjne [Administrative Law], Warszawa 2018.