Zarząd komisaryczny/en

RECEIVERSHIP – one of the supervisory measures in relation to the bodies of units of local government. The establishment of the r. is made by the decision of the → President of the Council of Ministers, who acts upon the request of the minister responsible for public administration and may lead to the suspension of the bodies of local-government units and to establish the r. The premise of introducing r. is the lack of hope for rapid improvement and prolonged lack of effectiveness in the performance of public tasks by the bodies of local government units: municipality, county or self-government voivodship. R. can operate for a maximum of two years (i.e. half of the term of office of local government). R. cannot function longer than until the election of bodies of local-government units. Implementation of the r. may take place after raising the objections to the local-government bodies with the simultaneous requesting of an immediate submission of the so-called repair program. Acts of the supervisory body, consisting in the establishment of a r., are subject to appeal to the administrative court within 30 days of the date of service. A local-government unit whose legal interest, power or competence has been violated is entitled to file a complaint. The literature of the subject notes that there are cases of establishing a r. based on the political premises – when a political group forming/cocreating a council of ministers loses power in the local-government unit (an example of a r. in the Warsaw’s Centre municipality in May 2000 – the → Supreme Administrative Court abrogated the decision of the President of the Council of Ministers in the case) (→ supervision of local government) [ J. Wojnicki ].

Literature: B. Dolnicki, Nadzór nad samorządem terytorialnym, Katowice 1993 ■ E. Ochendowski, Prawo administracyjne (część ogólna), Toruń 2013 ■ E. Zieliński, Administracja rządowa i samorządowa w Polsce, Warszawa 2013.