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handle: 10593/16554
The author discusses the issues connected with the legislative activity of the organs of a commune, in the light of the Act of 8 March 1990 on Territorial Self-Government. The subject-matter of the analysis is the notion of legislative acts enacted by communal organs and their classification. The author distinguishes communal organizational regulations (including communal charters), executive regulations (based on specific statutory delegation), and internal regulations (based on general statutory delegation). Communal organizational regulations regulate in the first place the internal structure of a commune and the organization of communal offices and institutions. They are issued on the basis of general delegation contained in the Act on Territorial Self-Government. The contents, scope and subject-matter of communal executive regulations is determined by specific delegations contained in various other statutes. In turn, internal regulations may be issued if it is necessary for the protection of life or health of citizens, or for the protection of law and public order. The delegation to issue such regulations is contained in the Act on Territorial Self-Government. The author also discusses the procedure of enacting communal regulations, the method of announcing them and the system of supervision over the legisla- - tive activity of a commune, including the control executed by the Chief Administrative Court. The said control may be initiated both by the complaint lodged by a supervisory organ as well as by a complaint lodged by a citizen. Finally, the author discusses the grounds for the loss of binding force of communal regulations.
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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