Odmowa udzielenia wotum zaufania miejskiemu organowi wykonawczemu – aspekt proceduralny
Refusal to grant a vote of confidence to the municipal executive body – a procedural aspect

Summary/Abstract: The subject of the publication is the resolution-making activity of executivebodies. In 2018, a new procedure was introduced into the legal system, regarding resolutions of constitutive bodies of local government units, i.e. the emergence of resolutions byoperation of law as a legal fiction and a consequence of a different action. Both the newmode of drawing up resolutions and the legal form of failure to grant a vote of confidenceto the executive body of the commune are important. The legal form of expressing the willto refuse to grant a vote of confidence by a decision-making body is a resolution. Thisresolution is adopted in a special mode – without voting – and has a special character, forits validity it is necessary to justify constituting a formal part of the resolution. Therefore,the legal views presented by the supervisory authorities over the local government, shapingthe administrative practice of self-government bodies, do not find a legal justification eitherin the act on commune self-government or in the jurisprudence practice.

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